RIAA pwned .... again

carpenter
carpenter Posts: 362
edited May 2008 in The Clubhouse
Apparently an Arizona judge thinks that their B.S. "making available=distributing" legal theory does not hold any water.

linky .....
"If the global crisis continues, by the end of the year Only two Banks will be operational, the Blood Bank and the Sperm Bank. Then these 2 banks will merge and it will be called 'The Bloody **** Bank'"
Post edited by carpenter on

Comments

  • Face
    Face Posts: 14,340
    edited May 2008
    Very cool!!!
    "He who fights with monsters should look to it that he himself does not become a monster. And when you gaze long into an abyss the abyss also gazes into you." Friedrich Nietzsche
  • Rivrrat
    Rivrrat Posts: 2,101
    edited May 2008
    They'll just hire a few more "official" investigators, download something, and then get you for distribution.

    It's worded so the RIAA can still go after you for file sharing.
    My equipment sig felt inadequate and deleted itself.
  • obieone
    obieone Posts: 5,077
    edited May 2008
    IMHO, I think the RIAA are just trying to keep themselves relevent. Eventually, all artists are gonna figure out that IF they just distribute the music themselves via their website, then that's another 10+% in their pocket, and NOT going to a bunch of f**king lawyers!
    I refuse to argue with idiots, because people can't tell the DIFFERENCE!
  • SolidSqual
    SolidSqual Posts: 5,218
    edited May 2008
    obieone wrote: »
    IMHO, I think the RIAA are just trying to keep themselves relevent. Eventually, all artists are gonna figure out that IF they just distribute the music themselves via their website, then that's another 10+% in their pocket, and NOT going to a bunch of f**king lawyers!

    That's not going to solve piracy. If anything it will facilitate it. Now, one person needs to download and disseminate as opposed to copy from a CD. The people leading media piracy are also ahead of the music industry when in comes to technology. Any anti piracy software will be cracked.

    There are some interesting tech solutions to preventing media piracy, but as I said before most will be cracked and others are too expensive to implement.

    The best solution would be to have strict liability for anyone caught pirating.

    That being said, they may be a bunch of lawyers drumming up work, but their clients have tons of money and talent invested in real products that many **** choose not to pay for. It's stealing plain and simple.
  • Sami
    Sami Posts: 4,634
    edited May 2008
    Rivrrat wrote: »
    They'll just hire a few more "official" investigators, download something, and then get you for distribution.

    If this stands, they can't:

    "Adding insult to injury, the EFF filed an amicus curiae brief that claimed that copyright owners cannot infringe their own copyrights, as was the case with MediaSentry acting on the RIAA’s behalf."
  • MacLeod
    MacLeod Posts: 14,358
    edited May 2008
    Ya gotta love it whenever those hacks at the RIAA get a kick in the balls.
    polkaudio sound quality competitor since 2005
    MECA SQ Rookie of the Year 06 ~ MECA State Champ 06,07,08,11 ~ MECA World Finals 2nd place 06,07,08,09
    08 Car Audio Nationals 1st ~ 07 N Georgia Nationals 1st ~ 06 Carl Casper Nationals 1st ~ USACi 05 Southeast AutumnFest 1st

    polkaudio SR6500 --- polkaudio MM1040 x2 -- Pioneer P99 -- Rockford Fosgate P1000X5D
  • obieone
    obieone Posts: 5,077
    edited May 2008
    I just don't understand WHY people are still doing it. You can literally listen to almost any song ever recorded on Youtube, for FREE?! And if you want the song, you pay a buck and download it?
    I refuse to argue with idiots, because people can't tell the DIFFERENCE!
  • GEBBY44
    GEBBY44 Posts: 939
    edited May 2008
    obieone wrote: »
    I just don't understand WHY people are still doing it. You can literally listen to almost any song ever recorded on Youtube, for FREE?! And if you want the song, you pay a buck and download it?

    I think a lot of people that pirate, or have pirated in the past (myself included), don't mind paying a dollar for a song. The problem that some people have is the quality of the song. I want my music, but I also want it in as lossless of quality as i can get it. Many people want their music in quality of at least 320 kbps, and the last time I checked, most songs available for download are 128-192 kbps. Some artists directly distributing their music have high bitrate or lossless downloads, but it's still not easy to get. Without "stealing" a cd burned from someone else or downloading high bitrate torrents, it's hard to get really high quality music. While I love them, MP3's are screwin up the whole quality part of music.

    Screw the RIAA, give us access to good quality songs and maybe I'll give you some more money, you greedy ****.
  • madmax
    madmax Posts: 12,434
    edited May 2008
    I'm still trying to crack the copy protection scheme used on vinyl.
    madmax
    Vinyl, the final frontier...

    Avantgarde horns, 300b tubes, thats the kinda crap I want... :D
  • Rivrrat
    Rivrrat Posts: 2,101
    edited May 2008
    Sami wrote: »
    If this stands, they can't:

    "Adding insult to injury, the EFF filed an amicus curiae brief that claimed that copyright owners cannot infringe their own copyrights, as was the case with MediaSentry acting on the RIAA’s behalf."


    Wake’s ruling (PDF) set a higher burden of proof for the RIAA’s campaign of litigation: RIAA investigators – not third party agents, like those at MediaSentry – must download files from a defendant’s hard drive in order to accuse them of unlawful distributing copyrighted materials.


    By official I meant more RIAA investigators.
    My equipment sig felt inadequate and deleted itself.
  • Sami
    Sami Posts: 4,634
    edited May 2008
    RIAA investigators would fall into the category of copyright owners, right? Anyone downloading the file that is acting on the behalf of the copyright owner (RIAA, it's investigators or it's 3rd party agents) CANNOT infringe copyright.

    So if RIAA investigators download the file, it's not a copyright infringement.
  • carpenter
    carpenter Posts: 362
    edited May 2008
    Moreover, the rulling narrows the scope of the infringement to files which were actually downloaded only.
    this means that if I have 10,000 files in my share folder, and someone downloaded one of them, then RIAA can sue me for damages only for the one song.
    "If the global crisis continues, by the end of the year Only two Banks will be operational, the Blood Bank and the Sperm Bank. Then these 2 banks will merge and it will be called 'The Bloody **** Bank'"
  • MacLeod
    MacLeod Posts: 14,358
    edited May 2008
    GEBBY44 wrote: »
    I think a lot of people that pirate, or have pirated in the past (myself included), don't mind paying a dollar for a song. The problem that some people have is the quality of the song. I want my music, but I also want it in as lossless of quality as i can get it. Many people want their music in quality of at least 320 kbps, and the last time I checked, most songs available for download are 128-192 kbps.

    Everything I get off Itunes is 192 kbps and it sounds as good as a CD.

    For SQ judging, MECA has a set SQ disc and they throw in 2 songs picked out by members for "extra" judging and a little more fun in tuning and the songs change each year. Rather than go out and spend $40 on 2 CD's that I would never listen to and only need 1 song off each only for a year, I buy them off Itunes and burn it to a CD then tune with it. It sound just as good as my buddies $20 actual CD and I never had any problem using them for SQ tuning.
    polkaudio sound quality competitor since 2005
    MECA SQ Rookie of the Year 06 ~ MECA State Champ 06,07,08,11 ~ MECA World Finals 2nd place 06,07,08,09
    08 Car Audio Nationals 1st ~ 07 N Georgia Nationals 1st ~ 06 Carl Casper Nationals 1st ~ USACi 05 Southeast AutumnFest 1st

    polkaudio SR6500 --- polkaudio MM1040 x2 -- Pioneer P99 -- Rockford Fosgate P1000X5D
  • WilliamM2
    WilliamM2 Posts: 4,781
    edited May 2008
    You know someone who pays $20 for a CD?? Tell him to check amazon, or CD universe.
  • MacLeod
    MacLeod Posts: 14,358
    edited May 2008
    Well at CD Universe, the Janis Ian CD that we use is $14. $4 shipping and handling. $18.

    Now multiply that times 2 cause I need the other CD and we're at $36 for a pair of CD's that I only need 1 song off each for a year and then Ill never listen to them again.

    Or I can go to Itunes and download them both for $2.
    polkaudio sound quality competitor since 2005
    MECA SQ Rookie of the Year 06 ~ MECA State Champ 06,07,08,11 ~ MECA World Finals 2nd place 06,07,08,09
    08 Car Audio Nationals 1st ~ 07 N Georgia Nationals 1st ~ 06 Carl Casper Nationals 1st ~ USACi 05 Southeast AutumnFest 1st

    polkaudio SR6500 --- polkaudio MM1040 x2 -- Pioneer P99 -- Rockford Fosgate P1000X5D