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DOJ to prosecute file swappers
ZDNet News ^ | August 20, 2002 | Declan McCullagh

Posted on 08/21/2002 10:34:16 AM PDT by Leroy S. Mort

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To: tdadams
Make that... "your thieving"
441 posted on 08/27/2002 3:17:36 PM PDT by tdadams
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To: tdadams
And that is something you would know about.

(Welcome to the sub-basement levels of flame wars.)

442 posted on 08/27/2002 3:18:44 PM PDT by bvw
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To: tdadams
What I'm claiming is that enforcement against private swapping groups is an extra-Constitutional violation of the protections enumerated in the BOR to be secure in persons, places, papers and effects. That will be, if pursued, more invasive and eventually prohibitive of the rights of free speech, than the WOD ever has been.

(Seperately that the Constitution's allowance for grants of copyrights has been exceeded beyond the pale. And that copyrights are temporary grants -- that "We the People" orignate and make to claimants, for limited times and purposes far more circumscribed than you seem to believe.)

443 posted on 08/27/2002 3:27:08 PM PDT by bvw
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To: tdadams
Today, labels budget up to $5 million for a new artists' initial marketing.

You would think they would take better care to protect their property then.

BTW. $5 million to market a "new artist"? I suppose with all of the cross ownership these days, the record companies have learned accounting from 'Laundrywood' where even "blockbusters" never seem to make any money.

444 posted on 08/27/2002 4:17:56 PM PDT by Ditto
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To: Ditto
Please know what you're talking about so you won't post any more nonsense.

I'll ask you again, what should the labels do to "protect their property" that they're not already doing? You don't think they'd jump for joy if they could stop illegal copying. It's just plain stupid to assert that there's some technology out there that would stop illegal copying but the industry simply can't be bothered to implement it.

They're trying to stop copying by the best means availavle, the law. But thieving whiners (of which you may be one) insist that "music should be free" and all sorts of imbecilic drivel to justify theft.

You seem to think the labels are welcome to stop copying as long as they do it in a way that meets your approval. Well, the law is on their side and if it takes enforcing the law in criminal courts, so be it. I'm sure you won't like that and you'll call them nasty names, but so what. They're right and you're wrong. I'll take a little verbal abuse as long as I know I'm right.

All the protestations here only prove that I am.

445 posted on 08/27/2002 5:02:39 PM PDT by tdadams
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To: Ditto
I'll make this interesting, Ditto. Since you seem to think there's some magic bullet out there that will stop illegal copying, and the labels are simply too busy/lazy/incompetent/apathetic to implement it, do me this... put your proposal in writing. Freepmail it to me. I can have it in front of the RIAA director and the heads of all major labels within an hour.

If you've got some great idea that will stop illegal downloading, there could be a lot of money in it for you.

Let's see if you're up for the challenge.

446 posted on 08/27/2002 5:09:07 PM PDT by tdadams
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To: tdadams
1. Go after the web sites that have your music available. Shut them down --- get restraining orders against all the ISPs to block their sites if they are in China.

2. Encript the software so it can not be copied by any teen with a CD burner. If someone wants "Fair Use" make them ask for it like the law says and attack the companies that will sell hacker packages to bust your code. Change your code often.

3. Forget about turning the FBI into your own private security guards chasing teen age music freaks. They have more important things to worry about.

You are part of a ten billion dollar industry. Spend your own money to protect your property if your loses are so damn horrific. I'm sure Wall Mart loses more every year but I don't see them asking the feds to patrol their stores.

447 posted on 08/27/2002 5:52:17 PM PDT by Ditto
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To: tdadams
But thieving whiners (of which you may be one) insist that "music should be free" and all sorts of imbecilic drivel to justify theft.

Trust me. The only music I listen to is by some old dead white men. You sure as hell don't need to worry about me stealing something by one of your $5 million dollar marketing creations.

448 posted on 08/27/2002 5:57:08 PM PDT by Ditto
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To: Ditto
The only music I listen to is by some old dead white men.

LOL!

Ditto, Ditto. I haven't bought a "pop" recording for ages and am not likely to, either. Not my cup o' tea.

A folksinger of the '60s whose LPs my roommate used to play until I had to leave the room, Janis Ian, has a different perspective on downloading MP3s: they bring more business.

After suffering through too many hours of her "singing" I'm not about to jump at the opportunity for a free sample, but do applaud her for defying the RIAA establishment for suggesting that it's the performers who gain the most (especially has-beens whose works are no longer in print) from music downloads.

Janis Ian article

449 posted on 08/27/2002 7:41:48 PM PDT by logician2u
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To: tdadams
I have a question about copyright laws.

How many times can a singer/songwriter sell a song and still retain ownership of it?

He collects moneys from the publishing rights, he gets money to record the song, he gets a cut of my money when I buy the CD...and then he comes and tells me that the CD is not mine to do with it as I wish?

Why are there used bookstores, and used comic book stores?

I just sold my old Supra...what do I owe Toyota?
450 posted on 08/27/2002 7:49:52 PM PDT by Luis Gonzalez
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To: Luis Gonzalez
Good questions all, Luis.

If you believe what Janis Ian says in her article, though, most of the royalties stay with the recording companies unless you have a "Platinum-Plus" hit. Accounting practices are on a level with the movie studios.

In other words, fraudulent.

451 posted on 08/27/2002 8:00:23 PM PDT by logician2u
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To: Luis Gonzalez
I just sold my old Supra...what do I owe Toyota?

Is this an honest question or are you being disingenuous like so many others on this thread.

I don't know why copyright law is so hard to understand. If GM sells you a Corvette, does that convey a license to you to manufacture Corvettes? Is there a limit on how many Corvettes GM can sell (other than production limitations)?

Selling a product is not the same as selling the patent/copyright interest in that product. Most people here are confused by a simple lack of knowledge about business law.

452 posted on 08/29/2002 4:33:26 AM PDT by tdadams
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To: tdadams
It sounds like you are pretty cozy with the RIAA. Tell me, is it true like they say on http://www.boycott-riaa.com/facts/facts.php that there is a built in tax on all cd burners that goes to the RIAA in case people do copy music? Do you refund this tax to those people who don't copy music?
453 posted on 08/29/2002 4:49:44 AM PDT by Snowy
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To: tdadams
http://www.boycott-riaa.com/facts/facts.php

The artists received not one cent of the money from the MP3.Com settlements of approx $158 Million to the labels. Who did??? The label themselves.

Why didn't the artists get any of this money? It sounds like the RIAA are doing the stealing.

454 posted on 08/29/2002 4:54:34 AM PDT by Snowy
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To: tdadams
"Selling a product is not the same as selling the patent/copyright interest in that product."

The "patent/copyright" concept was created in order to help someone maintain proprietorship of an item even after he's sold it.

You can as easily maintain that when I purchase a CD, I am purchasing a recording of one particular performance of that artist's work, and that he is free to re-record that performance over and over, creating a new marketable product.

The reason WHY the industry is so hot-to-trot on file-sharing, is that they supposedly lose the potential for the sale of a new unit with each download.

When I sell my old Supra, Toyota loses the potential sale of a new unit.

That's the argument the recording industry is making.

They are simply lazy, and greedy.

When I downloaded songs, they were recordings that I couldn't find elsewhere, in a lot of instances, they were out-of-print. I used a file sharing system because it was convenient, fast, and available to me 24/7. Asides from that, I don't have to buy ten other recordings that I am not interested in to do that.

The recording industry is trying desperately to hold back the tide of evolution, they will not address an obvious need of their customer base, they are trying to use the law to stiffle innovation in their industry, even if it means throwing customers in jail.

Let me give you an example of something.

I just bought a CD from Amazon.com, $13.19 plus shipping for 11 songs. That's about $1.23/ per song, plus shipping and handling. It's a new artist, and I want to listen to the CD to see what I think. No problem there. I also ordered a new copy of "Hotel California" to replace my old one. No problem there either.

Now, I've been looking for recordings of "Morning Girl" by The Neon Philharmonic and "In A Broken Dream" by Python Lee Jackson for almost ten years now without any success. I found them both in a matter of seconds on the web.

The recording industry wasn't interested in selling me either of those recordings, but now, they want to prosecute me for getting a copy from the net?

Not only that, but I recall a few years ago, Frank Zappa, John Denver and others, testifying before Congress on the issue of government censorship of the recording industry. They stood on the First Amendment to do that. Now, they are advocating what constitutes illegal search and seizure to protect their interests.

What a bunch of friggin' hypocrites.

That's my problem with this whole thing.

They need to get off their fat, stoned asses, and address this obvious need of their customers.

455 posted on 08/29/2002 6:26:49 AM PDT by Luis Gonzalez
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To: logician2u
See #455.
456 posted on 08/29/2002 6:27:55 AM PDT by Luis Gonzalez
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To: Snowy
No, that's not true. Someone is dealing in misinformation. In the 1992 Digital Home Audio Recording Act, there was a provision imposing a 3% tax on blank DAT (digital audio tape) tapes to offset projected losses from copying. This provision passed when DAT technology was still in it's infancy.

However, this tax was never implemented because DAT manufacturers agreed instead to change the digital sampling rate from 44.1 Khz (that of CDs) to 48.0 (DAT) which made a direct digital to digital copy impossible. In addition, that tax provision has never applied to blank CDs.

The CD writer tax you're referring to is not in the U.S. and not at the behest of the RIAA. A German court last year ruled that Hewlett Packard must pay a fee to artist's organizations to compensate for losses. The case has been appealed and is likely never to prevail.

I appreciate your asking instead of presuming.

457 posted on 08/29/2002 6:28:08 AM PDT by tdadams
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To: Luis Gonzalez
You can as easily maintain that when I purchase a CD, I am purchasing a recording of one particular performance of that artist's work, and that he is free to re-record that performance over and over, creating a new marketable product.

Yeah, that's practical isn't it? You gonna foot the bill for the artist to re-record it solely for you? You're wanting to rewrite the law for your own convenience. Sorry, but the law is written already and there's nothing wrong with it as is.

458 posted on 08/29/2002 6:36:10 AM PDT by tdadams
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To: Luis Gonzalez
When I sell my old Supra, Toyota loses the potential sale of a new unit. That's the argument the recording industry is making.

Not exactly a good analogy. That analogy is more like people buying and selling at a used CD store, which is legal.

A truer analogy would be if people were going onto the Toyata car lot and stealing cars, while the populist masses demand that they keep making new Toyata cars available to steal.

459 posted on 08/29/2002 6:38:29 AM PDT by tdadams
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To: Luis Gonzalez
Now, I've been looking for recordings of "Morning Girl" by The Neon Philharmonic and "In A Broken Dream" by Python Lee Jackson for almost ten years now without any success.

Ten years? Be honest... how hard were you really looking? I found Morning Girl and In a Broken Dream in a matter of minutes.

460 posted on 08/29/2002 6:44:43 AM PDT by tdadams
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