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RIAA To Sue Individual's for File Sharing (This could mean you!!!!)
Miami Herald ^ | 06/25/2003 | Ted Bridis

Posted on 06/25/2003 6:15:06 PM PDT by jimmccleod

Music Labels Step Up Internet Piracy Hunt
TED BRIDIS
Associated Press

WASHINGTON - The embattled music industry disclosed plans Wednesday for an unprecedented escalation in its fight against Internet piracy, threatening to sue hundreds of individual computer users who illegally share music files online.

The Recording Industry Association of America, citing significant sales declines, said it will begin Thursday to search Internet file-sharing networks to identify music fans who offer "substantial" collections of MP3 song files for downloading.

It expects to file at least several hundred lawsuits seeking financial damages within eight to 10 weeks.

Executives for the RIAA, the Washington-based lobbying group that represents major labels, would not say how many songs on a user's computer might qualify for a lawsuit. The new campaign comes just weeks after U.S. appeals court rulings requiring Internet providers to identify subscribers suspected of illegally sharing music and movie files.

The RIAA's president, Cary Sherman, said tens of millions of Internet users of popular file-sharing software after Thursday will expose themselves to "the real risk of having to face the music." He said the RIAA plans only to file lawsuits against Internet users in the United States.

"It's stealing. It's both wrong and illegal," Sherman said. Alluding to the court decisions, Sherman said Internet users who believe they can hide behind an alias online are mistaken. "You are not anonymous," Sherman said. "We're going to begin taking names."

Shopping at a Virgin Megastore in San Francisco, Jason Yoder was planning to delete file-sharing software he uses from his home computer because of the new lawsuit threat. He acknowledged using the Internet recently to find a copy of a rare 1970s soul recording, but he agreed that illegal downloads should be curtailed.

"It's sort of like a serial drunk driver has to have their license taken away at some point," said Yoder, 30.

Sharman Networks Ltd., which makes the popular Kazaa software and operates one of the world's largest file-sharing networks, said in a statement, "It is unfortunate that the RIAA has chosen to declare war on its customers by engaging in protracted and expensive litigation." Sharman said it was interested in a business relationship with music labels and could protect their songs from illegal downloads using technology.

Country songwriter Hugh Prestwood, who has worked with Randy Travis, Trisha Yearwood and Jimmy Buffett, likened the RIAA's effort to a roadside police officer on a busy highway.

"It doesn't take too many tickets to get everybody to obey the speed limit," Prestwood said.

Critics accused the RIAA of resorting to heavy-handed tactics likely to alienate millions of Internet file-sharers.

"This latest effort really indicates the recording industry has lost touch with reality completely," said Fred von Lohmann, a lawyer for the Electronic Frontier Foundation. "Does anyone think more lawsuits are going to be the answer? Today they have declared war on the American consumer."

Sherman disputed that consumers, who are gradually turning to legitimate Web sites to buy music legally, will object to the industry's latest efforts against pirates.

"You have to look at exactly who are your customers," he said. "You could say the same thing about shoplifters - are you worried about alienating them? All sorts of industries and retailers have come to the conclusion that they need to be able to protect their rights. We have come to the same conclusion."

Mike Godwin of Public Knowledge, a consumer group that has challenged broad crackdowns on file-sharing networks, said Wednesday's announcement was appropriate because it targeted users illegally sharing copyrighted files.

"I'm sure it's going to freak them out," Godwin said. "The free ride is over." He added: "I wouldn't be surprised if at least some people engaged in file-trading decide to resist and try to find ways to thwart the litigation strategy."

The entertainment industry has gradually escalated its fight against piracy. The RIAA has previously sued four college students it accused of making thousands of songs available for illegal downloading on campus networks. But Wednesday's announcement was the first effort to target users who offer music on broadly accessible, public networks.

The Motion Picture Association of America said it supported the efforts, but notably did not indicate it plans to file large numbers of civil lawsuits against Internet users who trade movies online.

MPAA Chief Jack Valenti said in a statement it was "our most sincere desire" to find technology solutions to protect digital copies of movies.

Rep. Howard Berman, D-Calif., who has proposed giving the entertainment industry new powers to disrupt downloads of pirated music and movies, said the RIAA's actions were overdue. "It's about time," Berman said in a statement. "For too long ... file-traffickers have robbed copyright creators with impunity."

The RIAA said its lawyers will file lawsuits initially against people with the largest collections of music files they can find online. U.S. copyright laws allow for damages of $750 to $150,000 for each song offered illegally on a person's computer, but Sherman said the RIAA will be open to settlement proposals from defendants.


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Culture/Society; News/Current Events; Technical
KEYWORDS: bearshare; filesharing; grokster; kazaa; limewire; morpheus; music; napster; riaa
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To: kinghorse

THAT'S what you're going to tell the judge?

Good Luck..

101 posted on 06/25/2003 8:32:17 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: wizzler
LOL! I feel your pain! LOL
102 posted on 06/25/2003 8:32:23 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: kinghorse
How is this kind of music copying different from the thing I did as a kid, using reel to reel tape recorder to record songs off the radio?

It's not different. Both are illegal.

The difference in terms of real-world consequences is that: (A) you were untraceable; and (B) you were one person making one copy. Today, of course, we have a worldwide network of millions copying and distributing a potentially infinite number of copyrighted works. In that sense, from the copyright holders' standpoint, it's a difference of degree.

A big difference of degree.

103 posted on 06/25/2003 8:33:39 PM PDT by wizzler
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To: wizzler
Good Lord. Is this place populated by any actual adults?


No, dumbass were all kids here. Did you think you were on an adult website?


Hey Einstein, I gotta question for you. Why is it the only thing your damn home page says is, "Coprights should be respected"


Why did you want to do that if you don't represent some part of the music industry?
104 posted on 06/25/2003 8:33:52 PM PDT by dagoofyfoot
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To: Orangedog
Let me introduce you to a legal phrase, here and now, before you end up trying to use that one: "Ignorance of the law is no excuse." It's not right, it's not fair, but it's the law and judges and lawyers use it every day with great success.

Barely on-topic, but ignorance of the law is a legal excuse, so long as it can be demonstrated that the government did not make a good-faith effort to make the public aware of the law. However, the threshold for that good-faith effort is so exceedingly low, that it's almost never invoked successfully. Whatever the case, it's impossible to argue that the RIAA hasn't made a good faith effort to make file-sharers aware of copyright law..

105 posted on 06/25/2003 8:34:28 PM PDT by AntiGuv (™)
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To: Jhoffa_
I think I'm mellowing somewhat with age.

At this rate, we should be able to take you out in public without a leash by the time you reach retirement age ;)

106 posted on 06/25/2003 8:34:41 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: Dr Warmoose
I dunno the answer to your questions, Dr Warmoose. However, I know that your response will be my defense if needed! Great points.
107 posted on 06/25/2003 8:35:34 PM PDT by SouthernClaire
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To: Orangedog
I will try not to get nasty at bingo, no matter how annoying they may be.

Scouts honor.

108 posted on 06/25/2003 8:38:33 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: Orangedog
Actually, that was perfectly on-topic, but I had two conflicting thoughts, the one which ended up in the post being the one that was on-topic.. LOL!
109 posted on 06/25/2003 8:39:23 PM PDT by AntiGuv (™)
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To: dagoofyfoot
Hey Einstein, I gotta question for you. Why is it the only thing your damn home page says is, "Coprights should be respected" Why did you want to do that if you don't represent some part of the music industry?

On your home page you have stuff about Bill Clinton. Why did you want to do that if you don't represent some part of the Democratic committee?

Copyright applies to far more than the music industry. It doesn't automatically follow from "copyrights should be respected" that the speaker is an agent of the music business.

But then, I'm starting to realize that logic isn't exactly up your alley. No offense -- some humans think with their hearts instead of their heads. And that's OK. Really.

110 posted on 06/25/2003 8:40:45 PM PDT by wizzler
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To: wizzler
I thought the courts had already thrown out a filesharing lawsuit. I am uneasy about this p2p technology, but this is an act of desperation from the RIAA. They're looking at a future where the artist will be able to distribute music directly to their market without the RIAA middleman.

The telling factor is that there is a distinct minority of artists that support these heavy handed tactics - just a handful. For example, Radiohead's new album appeared on the internet weeks before it's official release date. The band hasn't complained a bit, because the band gets all their money from touring. When you buy a CD, the money goes to a bunch of suits. Do they deserve their cut? Certainly - they pay for the recording and marketing of the titles.

But the fact is, they're carrying this stuff too far. Abuses have been made with the p2p networks, but RIAA doesn't want to stop there. They have argued in court that any copying of a CD is verboten, even if I transfer a copy to tape for a friend. My father checks classical music CDs out of the library and copies them on the computer - this is illegal in their eyes. There have been efforts to stop use of TIVO and other digital TV recorders. There was an organized effort by RIAA a few years ago to go after the sellers of USED CDs.

These guys are monsters, and it's hard to work up any pity for them. I believe their rights to their property have been compromised, but it's real hard for me and a lot of others to feel sorry for them at all.
111 posted on 06/25/2003 8:41:05 PM PDT by motexva (Cool site I saw today - antiwarcelebwatch.blogspot.com)
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To: motexva
If "they" are "monsters" and generally so bad to the bands, why do the bands do deals with them?

Let me guess, it's because they somehow "have to"

Isn't it?

112 posted on 06/25/2003 8:43:41 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: Skywalk
I think any defendant should also cite relevant Constitutional passages.

Citing the Constitution is the surest way to land in jail/defeat. Remember, the courts decide what the text means, not history or the words of the founders themselves.

113 posted on 06/25/2003 8:44:45 PM PDT by Djarum
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To: wizzler
Actually wizzler, copy of stuff to reel to reel was never considered illegal, say 20 years ago. It's only in the digital age that the RIAA has tried to carry their valid copyrights to such ludicrous extremes. I'd like to see you get up in a court and argue that making one copy constituted "distribution."

While I don't foresee unfettered p2p copying of copyrighted material being supported by the courts, I don't think you RIAA types are going to be happy at all when the courts "clarify" some of your heavy handed interpretations of copyright law.
114 posted on 06/25/2003 8:44:50 PM PDT by motexva (Cool site I saw today - antiwarcelebwatch.blogspot.com)
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To: Jhoffa_
I'm sure the blue-hairs will me greatly relieved....or they will all gang up on you and beat you about the head and shoulders with their walkers...some of those old bingo broads can be pretty rough!
115 posted on 06/25/2003 8:44:55 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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Funny thing, America is not the real demon when it comes to copyright violations. Hell, I have a buddy in kuwait who had the Matrix Reloaded on DVD the day after it came out in theaters here. When I was overseas 9 years ago, anything could be had audio wise.

The genie is out of the bottle and he aint going back. Just wait till P2P networks start doing transfers ala SSH type comm. Or Freenet really takes off. There's other apps being worked on that you, the user never really have the "whole" file for whatever your going after on your 'puter; it's ALL distributed. How is the RIAA going to prosecute that?

Do the record lables have a gripe? Sure they do. However, If they got on the bandwagon and started selling per song online, they would make a mint.

Just my $0.02

116 posted on 06/25/2003 8:46:41 PM PDT by Michael Barnes
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To: Orangedog
I'll trip them with my air hose.

Bastards..

117 posted on 06/25/2003 8:47:45 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: AntiGuv; Jhoffa_
Actually, that was perfectly on-topic, but I had two conflicting thoughts, the one which ended up in the post being the one that was on-topic.. LOL!

I'll let it slide this time...but next time I'll have jhoffa rough you up for your lunch money before we go to bingo.

118 posted on 06/25/2003 8:49:22 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: BkBinder
At the risk of showing my ignorance (yet again today!), is an individual in violation of the law if: a)that individual offers for download copyrighted music; and, b)owns legal copies of each song that he offers for that download?

Yes.

The guy offering the download is violating the copyright owner's right to control distribution of the work.

It seems to me that the downloader would be the party infringing the copyright.

Both are, unless the guy offering the download is plausibly representing himself as the copyright holder.

119 posted on 06/25/2003 8:50:30 PM PDT by Poohbah (I must be all here, because I'm not all there!)
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To: motexva
I thought the courts had already thrown out a filesharing lawsuit.

The judge ruled that a particular program could not be held liable for its users actions. The judge went on to say that the users' actions were clearly copyright infringement. But that's not what that suit was about.

Yes, sorry to say, but what your father is engaging in is copyright infringement, and that should be pretty obvious. He didn't pay for a copy of the material. It's not his to own.

As for artists and their "support" -- it would be wise to remember that "file-sharing" has taken on these kind of quasi-spiritual dimensions among big blocks of people online. Speaking out against it is a potential PR disaster. Artists and labels are both fine with the labels taking the black eye. Anyhow, many artists ARE publicly against online copyright infringement. See http://www.musicunited.net.

120 posted on 06/25/2003 8:51:23 PM PDT by wizzler
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