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story category RIAA Targets Usenet
Sues Usenet.com
(old news - 08:42AM Wednesday Oct 17 2007)
tags: legal · Fileswapping
Tipped by fatness See Profile
Usenet has obviously long been a fantastic communication resource for users, though many ISPs have stopped offering it as an added service. Of course, it has also traditionally been the last refuge of pirates after American p2p companies get sued into oblivion. While the RIAA has long left Usenet alone, they've now filed suit against Usenet.com in what appears to be the first salvo in a new legal effort:
The RIAA sued Usenet.com, which is based in Fargo, N.D., in the southern district of New York. The lawsuit claims Usenet.com encourages its customers to pay up to $19 a month by enticing them with copyrighted music, and asks for a permanent injunction barring the company from "aiding, encouraging, enabling, inducing, causing, materially contributing to, or otherwise facilitating" copyright infringement.
Apparently, the RIAA targeted Usenet.com because they advertise accounts by stating their service "gives you access to millions of MP3 files and also enables you to post your own files the same way and share them with the whole world." Once the RIAA wins that suit, they're likely to use the decision to help win suits against additional Usenet providers like AT&T or universities.

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  6. Will 'Three Strikes' Come To The United States?
  7. Wi-Fi Network Shuttered By MPAA Re-Opens
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TKJunkMail
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2 edits

Grokster decision will be Usenets downfall

The Grokster decision is what the RIAA will depend on in this case. ISP's have immunity from lawsuits about stored info and use by their customers. UNLESS they have advertised their service in such a way as to highlight the illegal uses their service can be used for. It appears that Usenet has made such an error. It may take a couple years thru the courts, but Usenet.com will eventually lose

My guess is that they will eventually settle and do what YouTube had to do - put a copyright infringement blocking application in place.

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sm2016a

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Re: Grokster decision will be Usenets downfall

Time for people to start using Usenet providers from overseas where they don't follow the same laws about copyright infringment as we do in this lovely place.

Voyager2K2

join:2001-10-04
Wayne, PA
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Re: Grokster decision will be Usenets downfall

said by sm2016a See Profile :

Time for people to start using Usenet providers from overseas where they don't follow the same laws about copyright infringment(sic)as we do in this lovely place.
Absolutely. Good luck RIAA. You are going to need it.
There are so many legal gotchas when messing with the Usenet it will takes years if not decades to clear the courts.
The Usenet has always been a dirty little secret and it has always been better to keep it that way.
The Usenet is basically only for the techo-savvy, not for some teenage kid to swap files with P2P.
In the end the RIAA at best will find this exercise a "whack a mole" waste of revenue.
IMHO the Usenet providers have been waiting for this to happen and already have their guns locked and loaded.
This WILL be the RIAA's Waterloo.

rlocone
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Re: Grokster decision will be Usenets downfall

I'd agree with you! Usenet is too old but that's where it's strength is. There infrastructure is been in place. It's not like Kazaa, or other file trading formats. P2P will continue, just evolve. It's a cat and mouse game. Always will be. Have to say it would be nice if someone can counter sue RIAA/MPAA and they lose in court to the common Joe! That would be so awesome!
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Re: Grokster decision will be Usenets downfall

said by rlocone See Profile :

I'd agree with you! Usenet is too old but that's where it's strength is. There infrastructure is been in place. It's not like Kazaa, or other file trading formats. P2P will continue, just evolve. It's a cat and mouse game. Always will be. Have to say it would be nice if someone can counter sue RIAA/MPAA and they lose in court to the common Joe! That would be so awesome!
The common Joe can't afford to fight them in court and the uncommomn Joe has probably got his own shady dealings to protect.

rlocone
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Re: Grokster decision will be Usenets downfall

It's like that lady recently that lost to them. Now she has to pay 222K for the rest of her life. That is so wrong! Her paychecks will be garnished for the rest of her life. Her tax returns will be offset. I see it as unfair now she has to live a EVEN poorer life because a company "ENTITY" wants more $$$. Their pockets are already lined for life. You know what the RIAA/MPAA remind me of the Ferengi! They follow the rules of acquisition to the letter! What you mention is so true. I wish that they would just lose so they know it feels. However, with all of their lawyers they have plenty of money to blow. They even have hired company to DoS you! Let some other company try that crap and they won't be getting away with it.
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TKJunkMail
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Re: Grokster decision will be Usenets downfall

said by rlocone See Profile :

It's like that lady recently that lost to them. Now she has to pay 222K for the rest of her life. That is so wrong! Her paychecks will be garnished for the rest of her life. Her tax returns will be offset. I see it as unfair now she has to live a EVEN poorer life because a company "ENTITY" wants more $$$.
I have NO sympathy for her. She had a choice. She is an adult. She took the music without paying for it knowing it was wrong. Everything else you say is merely trying to justify being a thief(theft of service).
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rlocone
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1 edit

Re: Grokster decision will be Usenets downfall

You got a point. She took the risk and gambled and lost. That's what happens when you go to Vega. That's why I don't gamble. As for justify anything. What I do is my own business. If they don't like it they can take a hike!

Skilos

join:2000-08-19
Astoria, NY

Re: Grokster decision will be Usenets downfall

then in theory the RIAA should get millions from me, for all the music i recorder off the radio back in the day, and then made mix tapes and gave to friends.

give me a break.

just ignore them, they will go away soon.

pog
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·Hawaiian Telcom

said by TKJunkMail See Profile :

... I have NO sympathy for her. She had a choice. She is an adult. She took the music without paying for it knowing it was wrong. Everything else you say is merely trying to justify being a thief(theft of service).
Yes, she's an adult. Yes, she acquired and shared music without paying. Yes, it's wrong. Yes, she had no right.

The problem is that the penalty is absolutely ridiculous. $222K is insane. Perhaps we should bring back debtor's prison, the lash, or maybe just extract a pound of flesh from her. Hell, let's hack off her typing fingers and brand her forehead with "THIEF"... that'll teach her.
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rlocone
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Re: Grokster decision will be Usenets downfall

The jury roasted her because of the hard drive swap. That's what made her look really guilty.

guitarzan
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said by rlocone See Profile :

It's like that lady recently that lost to them. Now she has to pay 222K for the rest of her life. That is so wrong!
The really sad part about that sorry affair is the music she shared. Probably would not earn that much in sales on its on merits. IMHO
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ncbill
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Winston Salem, NC
Not after she files chapter 7 bankruptcy.

>Her paychecks will be garnished for the rest of her life
openbox9

join:2004-01-26
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·AT&T Southeast

said by Voyager2K2 See Profile :

said by sm2016a See Profile :

Time for people to start using Usenet providers from overseas where they don't follow the same laws about copyright infringment(sic)as we do in this lovely place.
Absolutely. Good luck RIAA. You are going to need it.
The same thing used to be said about BT trackers overseas, and now you are starting to see some blocking searches from the US. I don't think it's too far of a stretch to think something similar can't happen for NNTP as well.

rlocone
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Re: Grokster decision will be Usenets downfall

Yeah my buddy did that with browsers. If you have firefox he blocks you. Oh, I just switch to IE no problem. He does that because he hates firefox. Since he has porn on his site ppl go there. There are ways to spoof your IP & MAC address. You can also use Proxy servers.

sitrix

join:2002-04-15
Tacoma, WA

Re: Grokster decision will be Usenets downfall

I hope your friend realizes that it doesn't take a rocket scientist to spoof Firefox to look like IE to any webserver.

rlocone
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1 edit

Re: Grokster decision will be Usenets downfall

Oh yeah sure. You just have to modify your HTTP headers or the browser string. I need to do that just to mess with him! He'll love it!!!
Ahrenl

join:2004-10-26
North Andover, MA
·Verizon FIOS

The difference being that Usenet is an actual established company, that doesn't depend on ad revenue to fund their business. Meaning they can afford to continue to pay their lawyers.

All Mp3's aren't protected by copyrights, which I would assume would be a fair argument against the RIAAs assertation. Not sure what else the RIAA could stand on after that.

Anomus

@rr.com

Re: Grokster decision will be Usenets downfall

Usenet.com is toast. And the **aa's will get a monster size win of $100,000,000.00 in a few years. Then they will go after all the deep pocket facilitators for past damages even if they have since stopped facilitating, including AT&T who will settle for something way north of a few thousand dollars. This will have a much bigger impact on their efforts than any win from some poor indian woman P2Per. That kind of win will spur other countries to sieze bank accounts of newsgroup providers in their country. This case has the potential to cripple the whole file sharing idea and squeeze it into the shrinking parts of the world where they think it is safe. Content is going to be nose diving after such a win because of fear of hosting and excess hassle dealing with it. I am the guru on the mountain. Might as well bend over now because I see it all coming like a freight train.

S_engineer

join:2007-05-16
Chicago, IL

Re: Grokster decision will be Usenets downfall

Keep your gerbils in your own pants Mr Guru!
Usenet isn't going anywhere, theres too much involved to take her down.
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Ahrenl

join:2004-10-26
North Andover, MA
I'd put you on ignore if I could...
66466388

join:2006-11-22
that until RIAA sues the ISP to release customer data transfers.
obviously they'll get it.
its America, big corporations can rape the consumer in any hole, and the govt will sit and watch with pleasure.

DJdynamite

@comcast.net

yep, and another step in the direction of reaching their 99% goal. By going after individuals/publicly accessible file trading sites, their intent is to push illegal file trading to limited spaces that aren't user friendly by the masses (like private irc). The RIAA/labels know they can't eliminate piracy, but they can live with it (privately, not publicly) if it's low- hence their 99%/1% legal/illegal download goal.
sm2016a

join:2004-03-02
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Re: Grokster decision will be Usenets downfall

You are exactly right. It will never be completely gone but it will be in certain spots where only certain people can access it. It is that way to a small extent now but the public side has drawn too much attention and now it is paying the consequences for it.

vzw emp

@qwest.net


from:
DownTheShore See Profile

I have no sympathy for the **AA's. They may win the case versus Usenet but this will not have an affect on p2p. We've seen this time and time again. **AA sue's, wins in court, p2p use still increases. All that will happen is piracy will shift to other methods (just like Napster and Kazaa users moved to BT).

Litigation will not make up for the **AA's failing business model. People want to be able to get their music in a manner that's cheap and convenient, and that's what p2p offers. So far the **AA's have not grasped this concept. Traditional music channel's are dying out. Who wants to drive to a record store, fight through a crowd and search through dozens of racks of CD's and movies to find what you're looking for? Who wants to deal with traffic at a crowded mall? Who wants to hope they even have the CD/movie you want in stock? It's a lot easier to go to your computer, browse what's available (just about every song or movie ever created) and purchase it at your leisure.

In every business it's the companies who adapt who thrive. I can do my banking when and where I want, I can watch my favorite TV shows when I want, I can even get a meal when I want (even if I get hungry at 4am). So why don't these guys get that I want to get my music and movies on terms that are best for me?

PS: If you think that people won't pay for this stuff, explain iTunes, Amazon, even eBay.
quatrix
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Re: Grokster decision will be Usenets downfall

said by vzw emp :

In every business it's the companies who adapt who thrive. I can do my banking when and where I want, I can watch my favorite TV shows when I want, I can even get a meal when I want (even if I get hungry at 4am). So why don't these guys get that I want to get my music and movies on terms that are best for me?
But if I don't like the bank's hours, that doesn't give me the right to rob it.
Ahrenl

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Re: Grokster decision will be Usenets downfall

said by quatrix See Profile :

said by vzw emp :

In every business it's the companies who adapt who thrive. I can do my banking when and where I want, I can watch my favorite TV shows when I want, I can even get a meal when I want (even if I get hungry at 4am). So why don't these guys get that I want to get my music and movies on terms that are best for me?
But if I don't like the bank's hours, that doesn't give me the right to rob it.
Nor was that his assertion, in which case, why not reply to the root thread instead.

james

join:2001-02-26
antarctica

That's the stupidest thing I've ever read. How is downloading music comparable to robbing a bank? If you rob a bank you are taking something physical, tangible, and depriving someone else of the use of what you stole. What kind of messed up mind do you have that enables you to read your post and not want to kill yourself.

TScheisskopf
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Man, you nailed it. When litigation is identified as a revenue source, as apparently the **AA's have done, with little done to identify the new marketing and channel realities in the music and movie business, something is broken.

Jimmy Iovine was a prophet.

Matt
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The issue here is that it's very easy to simply not carry the groups with infringing content. A Usenet feed is not an all or nothing proposition.

I expect the RIAA will have to submit a list of groups they feel infringe and the providers will unsubscribe them from their feed. The handle future groups on a case by case basis.
Claybraker

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Re: Grokster decision will be Usenets downfall

said by Matt See Profile :

I expect the RIAA will have to submit a list of groups they feel infringe and the providers will unsubscribe them from their feed. The handle future groups on a case by case basis.
Wack-A-Mole in alt.* ?

I don't care who you are, that's funny.
ncbill
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So everyone who wants those newsgroups switches to a Usenet provider not located in the U.S.

danclan

join:2005-11-01
Midlothian, VA
ok just to be clear...they aren't suing usenet....they are suing Usenet.com....two very different animals and creatures....sure usenet.com brought this on themselves which i hate them for.....fecking idiots...

Anonymous_
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hahaa

hahaha

no longer safe
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irc

Re: hahaa

there is still irc

Alcohol
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Re: hahaa

said by irc :

there is still irc
And there always will be because most bots are rooted. However that's starting to change. People are buying dedicated servers for iroffer.
ross

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No kidding...
said by Anonymous_ See Profile :

hahaha

no longer safe

tiger72
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Re: hahaa

nice =)

exocet_cm
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Sneaker-net

I am most certainly not encouraging illegal file swapping, nor am I siding with the RIAA/MPAA but I guess things will go the way of the "sneaker-net". People will soon advertise on bulletin boards in coffee shops and music trading will occur at LAN parties.

Oh well, so goes life.
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waynemr

join:2002-01-28
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1 edit

What next?

Up next... the RIAA sues everyone with an FTP server. Because... you know, it has the potential to share music files. I suppose email servers with attachment-processing abilities will be next, and then, just owning a computer will land you in a lawsuit.

Meh! I'm going back to gopher, archie, and veronica!
69742511
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F*** the RIAA

Damn the RIAA to hell. Damn everyone who created it, runs it, works for it, associates with it, etc. Their lawyers too. They all suck and can go to hell as well.

skullz5

join:2002-06-17
Clementon, NJ

Re: F*** the RIAA

My thoughts exactly, why dont they all go away and let us be. I mean for real what did they expect to happen with the internet, people were not going to find a way to download music. They make me sick! Just a bunch of crying ass babies.....
brianiscool

join:2000-08-16
Miami, FL

Few

I thought it said usenetserver.com lol

removed
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Re: Few

"Few" of what?
tlniec

join:2004-08-02
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1 edit

...

I don't see where "gives you access to millions of MP3 files and also enables you to post your own files the same way and share them with the whole world" says anything about pirating copyrighted material.
What of those users who generate their own recordings of original songs, and wish to share them via usenet? And those who wish to have access to such content?
I guess I never realized the MP3 file format was solely the domain of music recorded by those affiliated with the RIAA.

See 11 replies to this post

BUYaCLUE

@comcast.net


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PloKoon See Profile

Eventually all Pirates and facilitators will go to jail.

This ain't rocket science.

Society is not going to stand by and allow a small segment of scum in society to steal copyright protected works. Denial does not change the laws. Facilitation of criminal acts is punishable as it should be. All Pirates will eventually get their due.

See 14 replies to this post
Freezone

join:2000-09-29
Southfield, MI

Does any one use them?

If they are anygood i will switch to them while they fight the riaa. I currently keep two usenet providers and two internet connections.

How do they compare to say giganews? Or usenetserver.com?

The #29 unlimited account for giganes getting kind of tired hwever now that I am using compressed headers through them the header downloads have been going 3x as fast.

See 6 replies to this post

JR Ewing

@coltfrance.com

Whack-a-Mole continues...

The DiaRIAA will soon have no one left to sue once everyone catches on to private p2p file sharing, which is totally legal. There's tons of alternatives out there...check out GigaTribe for example: »www.gigatribe.com

en102
Canadian, eh?

join:2001-01-26
Valencia, CA

Its been a while, but...

Doesn't AT&T only have text newsgroups?
When I last had AT&T (SBC/Yahoo!) binary newsgroups were not included.
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AnonProxy
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ß

Next up RIAA sues al Gore for inventing the Interwebs!

Damn the tubes, full speed ahead!

Inventors of TCP/IP next!

DeeplyShrouded

@comcast.net

Re: Next up RIAA sues al Gore for inventing the Interwebs!

Music has hex code in it, this message has hex code in it.
Can be viewed with any hex editor. Wow, will I get sued next?
OOOOOO I'm scared! (Not!)

--Deeply Shrouded & Quiet
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hobgoblin
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About Time

This was not what Newsgroups were ever for.

I welcome this.

Hob
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Re: About Time

said by hobgoblin See Profile :

This was not what Newsgroups were ever for.
Absolutely... I still remember the days when an ISP could have a one or two T1s for all of their customers and still be able to offer news service. Usenet has been abused so much now that it requires your Usenet servers to be located in data centers with far more than a T1.
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swintec
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Are we using the internet in general for what it was originally designed for? Are we using computers the same way as they were originally designed for? There was a time many years ago when it was said the whole world would need only 5 computers..Now look where we are. Heck, cable networks were never "for" internet access. Things especially in the technology world, evolve.
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hobgoblin
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Re: About Time

said by swintec See Profile :

Are we using the internet in general for what it was originally designed for? Are we using computers the same way as they were originally designed for? There was a time many years ago when it was said the whole world would need only 5 computers..Now look where we are. Heck, cable networks were never "for" internet access. Things especially in the technology world, evolve.
I hear exactly what you are saying but as technology has progressed so have the applications available. I maintain that usenet serves its purpose as a text bulletin board. It was never meant to be one of the last bastions for the "I want it free brigade"

Hob
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pog
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said by hobgoblin See Profile :

This was not what Newsgroups were ever for.

I welcome this.

Hob
I dropped Usenet a long time ago for several reasons... binaries was one of the major ones, though.

Moderation and spam issues aside, Usenet was an awesome means of group discussion. I had no trouble accessing very high volume (1000's of messages per day) groups, tracking threads, etc... all on dialup. I used all sorts of clients but ended up with Gravity for the last few years I was a regular. It's only been recently that I've begun to see web forums as being even close to as comfortable as Usenet.

Binaries always struck me as a very ugly kludge... encoding binary data into text, breaking up into discrete posts? Lame.

I'm also sure many problems with verified content are long fixed (moderation, etc) but the massive ISP infrastructure required to accept incoming feeds, store/etc the content and provide bandwidth to readers was insane 5 years ago. I can only imagine what it is now! IIRC, a few of the popular feeds were each MANY times greater than the sum total of all text groups combined. How many ISPs even bother anymore on their own? How many farm things out to 3rd party providers? Seems to me, one nice thing about Usenet was its ubiquity... with that going away, it's only a matter of time before the few remaining shops close or morph into something entirely different.
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gogeta6

join:2002-06-20
San Diego, CA
clubs:

AT&T or edus

Pardon my ignorance, but what is so special about going after AT&T or university usenet? Why wouldn't they sue them right now if they had a reason?

Lord Wanker

join:2001-10-23
Montreal, QC

Re: AT&T or edus

a) Find a weak link.
b) Sue them.
c) Use the precedent set in b to discourage or sue others.

The news feed provider in question has shallower pockets than AT&T (thus making it an easy target) and suing a university probably doesn't look very good from a PR perspective.
--
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Zoly

join:2004-01-04
Houston, TX

Pirated MP3

I said it before and I say it now one more time.

I know that there are a lot of people who don't care about the quality of MP3's, but I do.

I do download copyrighted music illegally sometimes then listen and later make a decision if I want to spend my money on the high quality CD's.

I do support artists and I pay for what I like. I purchased latest albums by John Mayer, Mika, James Morrison, Paolo Nutini, Mylene Farmer, George Michael... And I even pay for a good quality MP3 files.

But most of the junk, like Britney Spears and alike are not my kind of music, and it is freely available on the radio, MTV Urge stations, satellite radio... You her it enough without even wanting to.

I don't want that kind of music for free and RIAA wants to stop piracy of that kind of music? Go ahead, I don't care.

Most services allow you to listen to only 20-30 seconds preview before you buy, but it is not enough to make a decision.

That is why I download illegally music and then decide if I want complete CD or only 1-2 songs out of it (it happens now almost all the time).

I just wish most artists would accept money using their websites, so I could pay them directly, not to the music industry.

JoeOnSunset
Doublethink Is Doubleplus Ungood.
Premium
join:2002-11-25
Ormond Beach, FL

crap.

Oh sh?!, there goes the neighborhood. :-/
Zoly

join:2004-01-04
Houston, TX

Re: crap.

said by JoeOnSunset See Profile :

Oh sh?!, there goes the neighborhood. :-/
do i need to provide you with my bank account statement?

JoeOnSunset
Doublethink Is Doubleplus Ungood.
Premium
join:2002-11-25
Ormond Beach, FL

Re: crap.

Heh, I didn't mean your statement was crap. I mean, we're hosed, usenet is the last good time on the Internet!
russotto

join:2000-10-05
Collegeville, PA

The best part...

...is if the RIAA wins, succeeds in getting Usenet.com closed down and taking all their money, they'll really think they've shut down Usenet.

Hahahahahaha.

AtomicZero

join:2004-11-24
West Palm Beach, FL

P2P will still live.

Ideally the **AA people would like to end P2P forever, but I think they would just settle for how things were before the whole world knew about it. If P2P goes way back underground only to the selective few then they aren't going to gripe. I don't think. It's just really irritating for people to be downloading movies then reselling them at some flea market. That's just an example.

MrMoody
Carbon Based Lifeform

join:2002-09-03
Smithfield, NC
·Embarq
·Skype
·magicjack.com

Re: P2P will still live.

said by AtomicZero See Profile :

Ideally the **AA people would like to end P2P forever, but I think they would just settle for how things were before the whole world knew about it.
You know what's really funny? The RIAA are the ones who spread the word and made piracy so popular! ROFL
--
"It is a future in which globalization really does work ... and everybody winds up getting to be part of the third world." - William Gibson

Jigsaw
Stardust We Are
Premium
join:2000-10-21
Cleveland, OH
·Cox HSI

Re: P2P will still live.

said by MrMoody See Profile :

said by AtomicZero See Profile :

Ideally the **AA people would like to end P2P forever, but I think they would just settle for how things were before the whole world knew about it.
You know what's really funny? The RIAA are the ones who spread the word and made piracy so popular! ROFL
Yep i can see it now.Every middle school kid is going to be getting a newsreader and OMFG shweet 1337 its going to be like the Usenet when AOL let lose there subscribers onto it back in the day
--
»www.auralmoon.com/ Stimulating ears for 7 years

MrMoody
Carbon Based Lifeform

join:2002-09-03
Smithfield, NC
·Embarq
·Skype
·magicjack.com

Re: P2P will still live.

said by Jigsaw See Profile :

said by MrMoody See Profile :

said by AtomicZero See Profile :

Ideally the **AA people would like to end P2P forever, but I think they would just settle for how things were before the whole world knew about it.
You know what's really funny? The RIAA are the ones who spread the word and made piracy so popular! ROFL
Yep i can see it now.Every middle school kid is going to be getting a newsreader and OMFG shweet 1337 its going to be like the Usenet when AOL let lose there subscribers onto it back in the day
Me too!
Zoly

join:2004-01-04
Houston, TX

Why would anyone sell movies on the flea market when we have now more than 300 tv channels (a lot of them without ads), DVRs, onDemand...

I don't see any point of doing so. I even don't have time to watch everything I record on my DVR and PC equipped with QAM tuner...

Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
·AT&T U-Verse

Usenet.com is not Usenet, but a Usenet provider

Something which the pro-RIAA trolls, shills and apologists
who have already posted don't seem to be able (or are
willing) to grasp.

The MAFIAA may be able to shut down a provider like
Usenet.com (which probably became a target because
they failed to honor DMCA takedown requests), but they
will never be able to shut down Usenet itself.
There are so many other providers out there, and even
free and anonymous ones that are hosted in countries
where US laws don't apply.

And going after a provider because they are hosting
infringing content on Usenet is likely a violation of
the DMCA's Safe Harbor provision. It is only when such
content is posted from their servers do they have an
obligation to honor DMCA takedown requests.
--
"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)
66466388

join:2006-11-22

Re: Usenet.com is not Usenet, but a Usenet provider

whats a jelly baby?
plat2on1

join:2002-08-21
Hopewell Junction, NY
clubs:

the fact that Usenet is on the radar now is the main problem. Usenet postings are indexed 24/7 by the community, all the riaa/mpaa has to really do is use these tools to send out takedown requests and drive the cost of service way up and the value way down.

Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
·AT&T U-Verse

Re: Usenet.com is not Usenet, but a Usenet provider

I believe they already do that for more popular, recent
content. But it still gets reposted.

But a takedown notice can only be honored by the
provider from which the infringing content was
originally posted to Usenet; otherwise it is meaningless.

And in the case of anonymous remailers and other such
services, they are going to have a tough time stopping
it.
--
"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)
ncbill
Premium
join:2007-01-23
Winston Salem, NC
Plenty of non-U.S. based Usenet providers are happy to serve you any newsgroup you want.
Ghostmaker

join:2003-01-20
Brunswick, OH

This part of the law is what will be contested. All service providers at risk.

512(a) Transitory network communications

Section (a) says that service providers aren't liable just because traffic passes through their networks, so long as it is not stored on their systems and is handled automatically by their systems and they don't control or modify it. Essentially, this says that ISPs aren't responsible for what flows through their networks, even if it is infringing and they know it. There are no takedown provisions.

The key technical distinction between 512(a) and (b), (c) and (d) is the location of the material. In the cases of caches (b), web sites (c) and search engine indexes (d), the information is presumably on systems controlled by the service provider. That is not the case for the situation covered by this subsection.

See section 512(h) below for cases seeking to use 512(c) takedown and 512(h) subpoena procedures for 512(a) situations. The 20 January 2003 ruling in the Verizon case did not use the technical difference mentioned in the previous paragraph. The December 2003 Verizon appeal decision did and overturned the original decision. A further appeal is possible, so the situation remains uncertain. As of February 2004 it is reported that following the December decision, no ISP has complied with a subpoena of this sort and the RIAA has instead commenced copyright infringement actions using non-OCILLA procedures.

fred zeppelin

@optonline.net

RIAA Targets Usenet

Here's a novel thought for the **AA. I own over 1500 record albums which I have already paid the royalties on for all those songs. Can I get a refund for all those royalties for all the CDs that I own since I already paid for the songs when I bought the albums? That's your logic, not mine. If I already paid for the music when I bought the album why do you want me to pay for it again?
Forums » RIAA Targets Usenetpage: 1 · 2


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