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RIAA - Strikes Again - Invading P2P Networks
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USA POPMUZIK
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PostPosted: Thu Jun 26, 2003 7:59 pm   Post subject: RIAA - Strikes Again - Invading P2P Networks Reply with quote


File Sharers Face Scrutiny: BEWARE
Thursday (6.26.03) the music industry will begin to collect evidence on individuals who provide a huge number of copyrighted music files online. The Recording Industry Association of America (RIAA) expects to file several hundred lawsuits seeking financial damages within eight to ten weeks.

Full Story @ News.com
http://news.com.com/2100-1027_3-1020876.html?tag=fd_top
and Npr.org
http://www.npr.org/display_pages/features/feature_1311105.html
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PostPosted: Fri Jun 27, 2003 10:22 am   Post subject: Reply with quote


This is far too true. They have been givena blank check to search hard drives that are under domains registered in the US. I have several friends who were serving up on Mirc that have pulled all thier music back to CD to prevent being caught out by this. A stick questin this but it seems to be an invasion of privacy. The search is not being done by a law enforcement agency and it isbeing done without probable cause. It leaves me to wonder...
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PostPosted: Fri Jun 27, 2003 10:31 am   Post subject: Reply with quote


Bend over and grab the KY... It might hurt a bit, but its all for the better Rolling Eyes ...
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PostPosted: Mon Jul 07, 2003 2:01 pm   Post subject: Reply with quote


jk2silly, you are over-reacting just a little. First of all, from a legal standpoint, the RIAA cannot have the authority to seize your hard drive without a court order, which only happens when a judge issues a search warrant and the police serve it to the unfortunate fool. Even then, the RIAA doesn't technically get to view the hard drive that might be taken; it would be looked over by the police to determine if there is anything illegal on it. This wouldn't strictly be limited to the hard drive either. If the police had a warrant, it would probably include cd burns of music, which means that all of the burned cds in a home would be seized as well.

The RIAA is searching places like MIRC and all of the other file trading utilities to find those who are trading the music, but that isn't illegal since the person trading has opened their collection up to the general public in the first place. It would be illegal if the RIAA hacked into your computer to see if you had any music files, but that isn't what the article said they were doing, and I doubt that they would stoop to that level seeing as that would violate more laws than they are trying to uphold.

The reason why the RIAA has been given the ability to issue subpoenas is simply a matter of the law. Technically, it is illegal to trade these music files, and the RIAA is trying to protect its business (as much as we all may dislike it).

Rest assured though, the RIAA cannot do anything that is illegal. If they did, the case would be thrown out of court eventually, although it may be on appeal.

That being said, I am a little worried about their ability to subpoena ISPs for user information. I'm not totally sure how that works, other than the fact that I'm guessing that the RIAA is pressing charges against a particular IP or user first, then using the subpoenas to get the actual information needed to proceed with the actual court proceedings. The RIAA cannot issue a subpoena unless they were charging someone with something, unless there is some aspect of the law that I am unfamiliar with.

As far as anyone who had been, or who still is, serving on MIRC or any other commonly used trading software; they have probably already been identified. The only saving grace anyone has is the fact that MIRC is so freaking huge that it would be possible to hide or get lost in the system. Unfortunately, anyone who served in the major music trading groups has probably already been identified. If I were the RIAA, I would have a huge list of violators waiting to go before I made any move to actually prosecute anyone. This would mean that anyone who had been involved in the past few months may have already been identified, and it might be a matter of time before they get served.

On a personal note, I hope this whole plan backfires. I think it would be great if the record industry took a big hit. They complain because record sales have fallen from $40 mil in 2000 to $26 mil in 2002, but they fail to take a lot of things into account. For instance, in case nobodies noticed, the economy sucks ass right now, which would easily account for a decrease in record sales. There is another, not as talked about reason for decreased sales, which is the fact that most of today’s artists suck! First of all, there are no teenie bopper boy bands raking in the money anymore. The new artists that are being pushed, for the most part, suck. The artists from back then (2000) have not had an album worth buying. In general, the music scene is diluted by a bunch of crappy wanna-bes that are not any good. On top of everything else, the big stars of yesteryear haven't released a hit worth buying either. This is the reason the music industry is hurting, not file trading. Of course, this is only my opinion.

If anyone has any worries about being on the list of possible RIAA targets, I would suggest lying real low for a while. If you are worried and were involved in huge trading rings, I would go as far as to dump your burned cds off onto a friend for a while. If nothing happens in the next couple of months, it is safe to assume that you were not being watched, although that isn’t a guarantee. The only thing anyone can really do is be careful until some new technology comes out that makes it impossible to trace your IP or this whole thing blows over. I may be overly cautious, but I don’t want to risk the penalty that could follow an RIAA probe. That being said…happy downloading.
Twisted Evil
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PostPosted: Mon Jul 07, 2003 7:08 pm   Post subject: Reply with quote


fatherj wrote:
(...)I'm guessing that the RIAA is pressing charges against a particular IP or user first(...)


Pressing charges agains a particular IP eh? Just imagine the future... Laughing

Case Number 99-398-A
RIAA vs 80.212.175.56

-Do you have anything to say to your defence mr. 80.212.175.56?
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PostPosted: Tue Jul 08, 2003 12:52 am   Post subject: Reply with quote


The IP would be the starting point from which the case would be made. This is why they are getting subpoenas for the info on the person behind the IP. Laugh all you want, but that is the only way that I can see RIAA actually being able to legally get a subpoena against an ISP.
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PostPosted: Tue Jul 08, 2003 1:58 am   Post subject: Reply with quote


FatherJ is correct. To say the RIAA is allowed to hack into your system to see what you have is ridiculous.

Personally I think the RIAA is in someways being over zealous, such as by demanding unfair royalties from small webcasters. On the other hand I am glad the RIAA is speaking up and alerting people that there is a such a thing as "Intellectual Property".

People who would feel guilty accidentally walking away with someone's pencil have no problem downloading songs, software, movies or whatever. Many don't even realize this is illegal, especially when downloading music. It's time someone pointed out that what they're doing is stealing, even if it isn't a tangible object.
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PostPosted: Tue Jul 08, 2003 6:01 am   Post subject: Reply with quote


Cocles wrote:
Many don't even realize this is illegal, especially when downloading music. It's time someone pointed out that what they're doing is stealing, even if it isn't a tangible object.


I have to agree that intellectual property must be protected. This means from the internal cormporate memo to music and movies for public distribution. The owner of that property has the right to distribute that property in any way that they see fit.

They also have the right to charge as much as they can for that property to us the consumers!

They do not have the right to invade the privacy of the consumer under the suspicion of owning illegal copies of copyrighted material. If I have a pirated copy of Windows XP that does not give Microsoft the right to hack my system to determine the truth of this. The same goes true for music. My presence in an IRC does not give the RIAA the right to search my system for copyrighted material.

I did not mean to imply that the RIAA has the go ahead to hack systems at will. It will be a sad day if they are ever granted such authority. I pray that such a day will never come. After that what would be next? Prosecution for humming a popular tune?
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PostPosted: Tue Jul 08, 2003 7:15 am   Post subject: Reply with quote


jk2silly wrote:
After that what would be next? Prosecution for humming a popular tune?


Don't be redicuous! You will have to pay royalties on all hummings and/or singings. If you don't pay, then you will get fined. Then if you don't pay the fine you get prosecuted.
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PostPosted: Tue Jul 08, 2003 8:02 am   Post subject: Reply with quote


ROFL!!! And there will be installed small boxes that go *ERRRR* and prints a bill every time you start humming or singing, just like those boxes that prints tickets when you swear in the movie "Demolition Man". Laughing
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PostPosted: Tue Jul 08, 2003 9:38 am   Post subject: Reply with quote


jk2silly wrote:
My presence in an IRC does not give the RIAA the right to search my system for copyrighted material.


Your presence alone does not warrant an RIAA investigation, but if you are downloading a song on IRC, and you are using one of their stupid built in file servers, then anyone can see the queue for those waiting to download a song. If a particular IRC browser doesn't publish a queue, they usually show who is actually downloading at any given time. This is how the RIAA knows that you are violating the law. You have to realize that there are many different ways for the RIAA to show that you download illegal music files. For all we know, and I wouldn't doubt this for a moment, the RIAA has people on the inside distributing music in an effort to identify those who download illegally.

If you are simply there to chat it up, then you have done nothing wrong, but how many people go into a music swapping group to simply chat?
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PostPosted: Tue Jul 08, 2003 11:05 am   Post subject: Reply with quote


[quote="fatherj]If you are simply there to chat it up, then you have done nothing wrong, but how many people go into a music swapping group to simply chat?[/quote]

Sad part is I know people who were going into the rooms to chat. They occasionally did serve and download but they spent mo0st of thier time there in the discussions. Myself I never got into IRC...
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PostPosted: Tue Jul 08, 2003 12:29 pm   Post subject: Reply with quote


You're right, that is sad!
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PostPosted: Thu Jul 17, 2003 6:52 am   Post subject: Reply with quote


JERIC wrote:
jk2silly wrote:
After that what would be next? Prosecution for humming a popular tune?


Don't be redicuous! You will have to pay royalties on all hummings and/or singings. If you don't pay, then you will get fined. Then if you don't pay the fine you get prosecuted.


Don't laugh, it happened !

http://www.law.umkc.edu/faculty/projects/ftrials/communications/ASCAP.html
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PostPosted: Thu Jul 17, 2003 11:16 am   Post subject: Reply with quote


Thanks for that article Caray! Man that is scary. I'm all for giving the songwriter their due, but some of this stuff is ridiculous.

Especially when the songwriter is long dead.

It makes me think even more so that some of this needs to skip the beauracracy (sp?) of ASCAP, and go directly to the artist.

I was recently at an Evanesence concert and they were all for downloading. Told us to go ahead and find their songs on Kazaa. I'm sure their record label wouldn't be really happen to hear them say that.

Goblin
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