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story category RIAA Responds to Senator
Small time traders need not worry?
(old news - 03:38PM Tuesday Aug 19 2003)
tags: legal · Fileswapping
The RIAA says they aren't targeting small time file traders, despite evidence to the contrary. Minnesota Sen. Norm Coleman, concerned that the RIAA's tactics were "excessive", wrote a letter to the RIAA arguing that he didn't believe that legal penalties for downloading songs fit the crime. "RIAA is in no way targeting 'de minimis' users," wrote RIAA president Cary Sherman in response. "RIAA is gathering evidence and preparing lawsuits only against individual computer users who are illegally distributing a substantial amount of copyrighted music."

Yet analysis of the RIAA's recent flood of hundreds of subpoenas indicates that some users were singled out for sharing as few as five songs via file-trading networks. In her letter Sherman refuses to quantify what the criteria for being singled out is, and Coleman apparently remains concerned that the industry is "over-reaching".

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Forums » RIAA Responds to Senator
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logcabinboy

join:2001-07-23
Whitmore, CA
clubs:

Right

"Im not gonna hit you, I'm not gonna hit you, like hell I'm not!"- John Wayne

Gauge

@comcast.net

Re: Right

Sounds like politics to me. Hmm now music is going to be controlled by politicians? what's next?
mbrown1076

join:2001-04-19
Eastlake, OH

Re: Right

Gauge

Unregistered.
client.comcast.net
Re: Right
Sounds like politics to me. Hmm now music is going to be controlled by politicians? what's next?

our music is not controlled by politicians,
WAKE THE FUCK UP MAN, OUR POLITICIANS ARE CONTROLLED BY THE MEDIA GIANTS ALREADY,...........along with any other large companies with shitloads of cash

RIAACRIMINALS

@mia-ftl.ne

I work at a very large host that will remain nameless, yesterday we got a letter from the RIAA and our lawyer forced us to take down a customer that had (1) song that was not released yet. We had to cancel this customer. I will also note that this customer was a high end customer paying a fairly nice chunk of money to host with us.

So when will we be getting some compensation for our customer acquisition costs of this customer from the RIAA????

I won't debate the fact that this guy was giving away some crappy song (who cares), but the company did nothing wrong in this, we lost reoccurring revenue as well as the money we invested advertising to get this customer.

As usual I hate the RIAA and I hope they all choke on their cheerio's in the morning.

Noley

join:2001-01-22
Tallahassee, FL

Do they have the right to tell you to revoke the customers service? I thought you only had to reveal the users identity? Surely you should be able to keep the customer if you so choose.
--
My MP3 Collection
The Truth7

join:2003-05-24
River Grove, IL

Re: Right

What i'd really like to know is how alot of these broadband companies are going to survive after this is all said in done.

If by chance file sharing is basically banned, then wtf is the purpose of broadband.... Gaming? Shit, i play quake n all, but its not worth 60 bucks a month. Don't share or dl music all the often either.

If/when people start canceling their broadband accts because there is now no use for them, then the shit's going to hit the fan. Watch how fast, comcast and all the other provider's get behind the consumer if this ever happens.

djrobx

join:2000-05-31
Valencia, CA
·PHONE POWER
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·AT&T CallVantage
·Time Warner VOIP
·RoadRunner Cable

Agreed, the punishment should fit the crime

I think the recording industry, in general, should be able to protect their trade. However, I do think that dragging people into multi-thousand dollar lawsuits is inappropriate. The penalty should be much more akin to perhaps a parking or speeding ticket. Come to think of it, speeding is much more dangerous infraction, anyway.

-- Rob
joebear29

join:2003-07-20
Alabaster, AL

Five songs means nothing

quote:
Yet analysis of the RIAA's recent flood of hundreds of subpoenas indicates that some users were singled out for sharing as few as five songs via file-trading networks. In her letter Sherman refuses to quantify what the criteria for being singled out is, and Coleman apparently remains concerned that the industry is "over-reaching".
The five songs listed in the subpoena are considered a representative sample of the songs available. I see no reason to believe the RIAA is really going after those who share so little, especially after they told a U.S. Senator otherwise. Decry politicians all you want, but it is not advisable to publicly lie to a Senator.

I'm sure the court appreciated the fact every subpoena request did not include a ten-thousand long song list of every song that particular user was sharing, so it makes sense why some requests had few songs listed.

whiteshp

join:2002-03-05
Xenia, OH

Re: Five songs means nothing

You can't prosecute on assumptions. EVERYTHING charged must be fully documented and anything assumed has to be counted as hearsay by the court.

In my opinion this is how things will play out. With penalties so high even if they RIAA gets money 1 out of 20 from peons with 1-3 songs it’s still quite a bit of money in the bank. Furthermore from there perspective the only weapon they have left to control the music is fear of retribution. I would guess they will right now punch the public hard in the gut to initially make a example of them. They will then back off to soft talk the politicians into feeling the RIAA is listening to politician’s concerns on being too harsh against the public. After that political pressure is averted by showmanship they will apply pressure in a more controlled and long term cost effective method to keep alive their example.
joebear29

join:2003-07-20
Alabaster, AL

Re: Five songs means nothing

You are confusing evidence required in court with evidence required in the subpoena request. There is no requirement they list every song they want to sue over in the subpoena request.

SRFireside

join:2001-01-19
Houston, TX

said by whiteshp See Profile:

In my opinion this is how things will play out. With penalties so high even if they RIAA gets money 1 out of 20 from peons with 1-3 songs it’s still quite a bit of money in the bank.
They aren't expecting any real money from this. It's part of the tactic to curb trading, as you mentioned later. They might not be going for small time song traders because of the bother, but I think there's more to it. Copyright law states in order for their to be an infringement violation there has to be evidence of considerable loss in the market made by the infringing person. I'm guessing people are finally getting wise to the RIAA's rampant coloring of copyright law and are letting them know it. Now the RIAA has a back pedal a bit to avoid an incident.
--
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joebear29

join:2003-07-20
Alabaster, AL

Re: Five songs means nothing

said by SRFireside See Profile:
They aren't expecting any real money from this. It's part of the tactic to curb trading, as you mentioned later. They might not be going for small time song traders because of the bother, but I think there's more to it. Copyright law states in order for their to be an infringement violation there has to be evidence of considerable loss in the market made by the infringing person. I'm guessing people are finally getting wise to the RIAA's rampant coloring of copyright law and are letting them know it. Now the RIAA has a back pedal a bit to avoid an incident.

The DMCA specifies penalties independent of actual damages, so the RIAA need not prove any damages.

SRFireside

join:2001-01-19
Houston, TX

Re: Five songs means nothing

said by joebear29 See Profile:

The DMCA specifies penalties independent of actual damages, so the RIAA need not prove any damages.
The DMCA doesn't apply to copyright law though. The RIAA might be using parts of the DMCA to go around proper legal channels, but when it comes right down to it copyright law (and maybe the NET Act) will be what the courts will base any decision on.
--
Love Science Fiction? www.spacestationzoom.com
joebear29

join:2003-07-20
Alabaster, AL

Re: Five songs means nothing

said by SRFireside See Profile:
said by joebear29 See Profile:

The DMCA specifies penalties independent of actual damages, so the RIAA need not prove any damages.
The DMCA doesn't apply to copyright law though. The RIAA might be using parts of the DMCA to go around proper legal channels, but when it comes right down to it copyright law (and maybe the NET Act) will be what the courts will base any decision on.

Now, any the illegal sharing of files over P2P falls directly under the DMCA. That is why there are statutory penalties ($750-$150,000 a song) that have nothing to do with actual damages.

ghostpainter
I Write for the Apocalypse
Premium,MVM
join:2002-05-25
Rancho Cucamonga, CA
clubs:

Senator Coleman said on Tech TV that he intends to hold hearings about RIAA and how they are manhandling the copyright laws...He is not the only one...Senator MaCain is another who feels things have gotten way out of hand...Just because some congressmen have been bought by RIAA already, doesnt mean they all have...Yet....
lesopp

join:2001-06-27
Land O Lakes, FL

Re: Five songs means nothing

Like they say "for everything else there's master card"
Beeper
Part Of The Problem

join:2001-09-27
Dayton, OH
clubs:

said by whiteshp See Profile:
In my opinion this is how things will play out. With penalties so high even if they RIAA gets money 1 out of 20 from peons with 1-3 songs it's still quite a bit of money in the bank.
I don't think that they are trying to get money from users. I think they are trying to destroy the network effect that several million users online have created. They don't care destroying a single user so much as destroying Kazaa.
--
Guaranteed Fear and Loathing. Abandon all hope. Prepare for the Weirdness. Get familiar with Cannibalism.

Scott W
Premium
join:2003-08-09
Beaverton, OR

said by joebear29 See Profile:
I see no reason to believe the RIAA is really going after those who share so little, especially after they told a U.S. Senator otherwise. Decry politicians all you want, but it is not advisable to publicly lie to a Senator.

And yet it happens regularly, from those both within and outside of government.

They may or may not be lying, but the fact that they told a Senator something is no indication of fact either way.

ifarrell

join:2000-08-10
Willow Spring, NC
·Vonage

Actually the RIAA stated when this all started that they will go after people that have traded as few as five songs.
Take a look at the history of this and you will see.
Yes, it is true the Courts were shown a small sampling but they aren't telling the whole truth and that will eventually come out.

Poopsmith
That's Mr. Smith To You.

join:2003-03-12
Boulder, CO

said by joebear29 See Profile:

The five songs listed in the subpoena are considered a representative sample of the songs available.
I agree with you on this. Go into Kazaa, look up some random mp3, then check "Find More From Same User". I have yet to find someone is only sharing 5 or less songs. If you're sharing, it tends to be at least 10+.
--
Fiber Optics is the future of high-speed internet access. Stop by the BBR Fiber Optic Forum.

Plasticman
Will Work For Bandwidth
Premium
join:2002-09-06
Harrisville, RI
clubs:

Yeah Right

And if you beleive the RIAA says they are not targeting small time traders. Give me a call I want to sell you some Prime Real Estate in Florida

DataRiker
Premium
join:2002-05-19
Metairie, LA
clubs:

RIAA is gone

The RIAA's attempt to uninvent filesharing does not seem to be working.
james1969jw

join:2002-01-12
Indianapolis, IN

Take something away and the law brakers will come

I do not file trade. But the funny thing is With what the RIAA is doing is making me want to do some file trading.
Must be the rebel in me.
[text was edited by author 2003-08-19 15:48:33]

Topmounter
Sent By Grocery Clerks

join:2001-02-20
Evergreen, CO

Re: Take something away and the law brakers will come

The message I get from this news story:

Small Scale File Trading is now "A-OK"!

Speedy8
Premium
join:2002-08-22
Alliance, OH
clubs:

Re: Take something away and the law brakers will come

Well, it's the same with most types of crime, like with any form of software piracy. Large companies aren't going to go after your casual person who grabs a copy of winxp for themselves, they go after the large groups distributing the files.

SRFireside

join:2001-01-19
Houston, TX

Sharing music shouldn't be illegal considering no money is changing hands. Granted the people who abuse the whole file trading philosophy make it look bad, but we are talking about music here. It's an art form. It should proliferate without the constraints of a corporate iron fist.
--
Love Science Fiction? www.spacestationzoom.com

superht1

join:2001-02-22
Kennesaw, GA
·AT&T Southeast

Re: Take something away and the law brakers will come

said by SRFireside See Profile:
Sharing music shouldn't be illegal considering no money is changing hands. Granted the people who abuse the whole file trading philosophy make it look bad, but we are talking about music here. It's an art form. It should proliferate without the constraints of a corporate iron fist.

Its not about us making money or not, its about them making more profit. Get your logic in order.

SRFireside

join:2001-01-19
Houston, TX

Re: Take something away and the law brakers will come

My logic is perfectly in order. Copyright law was intended to make sure artists don't get exploited. That means when someone makes money off of their work they get a share of the profits. That's copyright law in a nutshell. The record industry might have skewed the law so much to where they can take more and more money from sources unheard of when the law was made, but that doesn't discount its origins. The record labels making more profit should have nothing to do with copyright law. That's my point.
--
Love Science Fiction? www.spacestationzoom.com

dp
Go Steelers
Premium,MVM
join:2000-12-08
Greensburg, PA
·Verizon Online DSL

Huh?

The RIAA says they aren't targeting small time file traders, despite evidence to the contrary
--
Write your questions down on the back of a $20 dollar bill and send them to me
joebear29

join:2003-07-20
Alabaster, AL

Re: Huh?

Yeah, that confused me as well. What evidence to the contrary is there?

Only thing I could think of is some of the subpoena request list only a few songs, but that has nothing to do with how many songs they are actually trading.

What is the evidence to the contrary?

See 6 replies to this post

SkullBot

join:2003-05-07
Huntington Beach, CA


RE: Five songs means nothing

I see no reason to believe the RIAA is really going after those who share so little, especially after they told a U.S. Senator otherwise. Decry politicians all you want, but it is not advisable to publicly lie to a Senator.

It is also not advisable for the president of the United States to lie to the public, however it has happened.

If you think you can take the corporation's or the government at face value your just being naive.
[text was edited by author 2003-08-19 16:11:09]

Wall9
Tell Me, Did You See It Too?
Premium
join:2002-06-25
Dupo, IL

Re: RE: Five songs means nothing

Unreal that people still bring that up. I suppose having a different liar is ok with you?

It's about the WMD's...no wait, it's about the Iraqi people..no wait..

Fool.

purplejello

join:2001-08-23
Reno, NV
clubs:

Re: RE: Five songs means nothing

Umm... I think that's what he was referring to anyways. But you sure showed him

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net

Bovine Scatology again

Oh ya we aren't going after the little people, wink, wink
while slipping a large cash contribution to the Senator for his war chest. All the RIAA is trying to do is keep the
Senators at bay. They got the DCMA the way they like it.
What I find interesting is no papers have been filed on
MSN. Is it because they don't want to piss-off an company who could take them over with their pocket change.
--
low Brass Rules!Irish Terriers do to!!!
puterman34

join:2002-01-28
New Port Richey, FL

Define substantial

how does the riaa define "substantial"?

murdok6100
Avatar. Get It, Avatar?

join:2002-06-20

Re: Define substantial

said by puterman34 See Profile:
how does the riaa define "substantial"?
The same way the DMCA is so broad. They can make the term as broad as they need to get the job done.

Murdok610

Axeon

join:2003-05-04


Social degradation

I was under the impression that music was an art form. Apparently, now it's simply a trade for making money. This is comparable to an artist painting a picture and then having someone take a picture of it and distributing it on the net.

Oh, wait, I forgot, art has yet to be corrupted by the mindless antics of capitalism and government.
[text was edited by author 2003-08-19 17:39:52]

drakkkar

join:2003-02-07
Houston, TX

Re: Social degradation

said by Axeon See Profile:
Oh, wait, I forgot, art has yet to be corrupted by the mindless antics of capitalism and government.

Keep on dreaming, money has touched EVERYTING!
--
~Age and Treachery will always overcome Youth and Skill.~
hroo772
Darkness Fears Me
Premium
join:2002-04-05
Mclean, VA
clubs:
·Verizon FIOS

if only...

If only the RIAA would realize that their drop in sales is not in part because of filetrading but because of the horrible music that they are putting out. Like anybody can listen to rappers over and over again using the same 10 word phrase or less to fill a 3 min song. It is pitiful.
--
For custom gaming computers head to www.asylumpc.com check us out!

See 20 replies to this post

gilseed

join:2001-06-27
Brooklyn, NY

scumbags

the RIAA admitted to price fixing. several times. and all we got were a few bucks back if we asked for it. where's THEIR punishment? lousy middlemen...

exocet_cm
In memory of dadkins
Premium
join:2003-03-23
New Orleans, LA
clubs:
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Want music for free?

Ok, so I set my computer up to "Share Files With Other Users" and the folder I am sharing is my music folder. So if somebody networks (right click on my computer), MAP NETWORK DRIVE, and puts in my computer \\24.158.***.***\JDBhome\shared music that means that whoever can get my music. So why want everybody do what I just did? and have a big network of computers sharing only their music folder?

Eat Me

join:2002-09-25
Sussex, NJ

Re: Want music for free?

Don't ISP's block netbios ports?

Jeremy341
Bye
Premium
join:2000-01-06
localhost

Re: Want music for free?

said by Eat Me See Profile:
Don't ISP's block netbios ports?
Most cable ISPs do. DSL and dialup ISPs don't.

mrchris
We don't miss you Bush
Premium
join:2002-10-01
North Babylon, NY

Catch me if you can..

I give out zips of music on some IRC network (won't say which one), try getting me you RIAA punks!

NO_WAY

@swbell.ne

Re: Catch me if you can..

Becareful what you wish for, it might come true!!!

DenverDialup

join:2003-06-06
Littleton, CO
clubs:

Good job being specific.

quote:
RIAA is gathering evidence and preparing lawsuits only against individual computer users who are illegally distributing a substantial amount of copyrighted music.
Ah. Too bad they never explain exactly what they mean by "substantial." What is that? 100 files? 500 files? 1,000 files? Reminds me of Comcast's recent exploits telling a user they "exceeded their bandwidth limit" -- without ever actually saying what that limit was.

Of course, if RIAA said the limit was 500 files, I'd just share 499, which would defeat the point. Too bad...we can always hope.
--
"Programming today is a race between software engineers striving to build bigger and better idiot-proof programs, and the Universe trying to produce bigger and better idiots. So far, the Universe is winning." -- Rich Cook

reub2000
Premium
join:2001-12-28
Evanston, IL

I wonder what came with that report?

A little money to shut the senator up?

AmeritecTech
Change we can believe in, 1922
Premium
join:2002-09-06
Houston, TX

Small time traders need not worry

Small time traders need not worry. We'll make it quick and painless.
Love,
The RIAA
blake60

join:2003-03-05
Madill, OK

RIAA ?

I can understand there position,but I don't understand there tactics.They spend all this money going after people downloading music instead of useing that money to encode future investments.I wouldn't waste my time downloading crap like Metalica.The only songs I look for are not available on CD.Should I be sued for downloading a song that I can't buy?Just try to get George Harrison the best of dark horse on CD.I don't wanna fight I just wanna ROCK!

NOVA_Guy
Obama- Commander in Thief
Premium
join:2002-03-05
·VOIPo

Re: RIAA ?

I disagree with their position and their tactics.

Overall, I'm an honest person. I don't break laws routinely. But watching the RIAA's actions over the past few years has made me want to both share and download files.

Is it their CD prices? No. Is it a desire to have the latest garbage that they wish to push on the public playing on my radio? No. Is it because downloading and/or sharing music is a "cool" thing to do? No. Is it because I want to have something for free? No.

Then why? Simple. I'm angry at the RIAA and completely disagree with their tactics. If I were to download and share, it would because of that, plain and simple. It would be because I'd want to see these lousy jerks put out of work. It would be because I'd want to hurt them in a manner that they can understand and in a manner that would be "painful" to them-- taking money out of their wallets.

File sharing and file trading, for me at least, would be all about spite, anger, and wanting to strike a blow against one of the most parasitic organizations I know of. The RIAA and MPAA are social cancers, and I think it's time that society undergoes some chemotherapy to remove those malignant tumors.

TheSaint

join:2002-01-25
Hanover Park, IL
clubs:

Re: RIAA ?

What he said. ^^^

Making your own music is a lost art today. How many of the BBR folks in here even can play an instrument? Don't listen to RIAA crap, make your own music the way they did before cd's came along!

untroubled1
Redneck Dawg
Premium
join:2001-12-21
Omaha, NE
Just try to get George Harrison the best of dark horse on CD

Matter of fact I own that CD.
wentlanc
You Can't Fix Dumb..

join:2003-07-30
Maineville, OH

We need a collaborative effort.

Ok. So we need everyone to host 4 or 5 different songs. I think we can be diverse enough to cover most music. Everyone shares a few songs, and there are no problems!!

(Like they would even let that happen.)

puritan
Forums » RIAA Responds to Senatorpage: 1 · 2


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