Music
The RIAAs Worms Turn!
The RIAA seems to be a prominent fixture in the online media these days. And given that they seem to have adopted the rather short sighted strategy of knowingly suing both guilty as well as innocent members of the very demographics that they could have been legitimately making a lot of money from, it isn’t hard to see why. But now it seems that they may truly be getting ready to experience a full size serving of their own brand of justice:
In cases which should by rights have been initiated by the Bush government on behalf of innocent families across America, falsely attacked by Warner Music, EMI, Vivendi Universal and Sony BMG, RIAA victims Tanya Andersen and Michelle Santangelo are determined to make the Big 4, as well as companies involved in the sue ‘em all morass, pay, literally and figuratively, for the distress they’ve caused and are still causing.
Go Tanya and Michelle! Though I have some reservations about the long term repercussions of Michelles’ legal approach, ( I think the justification for her claims and the resulting targets are only half right) , I was suitably convinced by Tanya’s list of complaints:
Her amended complaint is impressive. She’s citing negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy. – [p2pnet.net]
Wow. It looks like the RIAA is getting ready to have the book thrown at them. As I have said on many occasions, I have always felt that the big entertainment industries had all the right in the world to try and protect their business from pirates.
However I think they crossed the line when they started attacking any technology that could be used for file sharing, especially when these same technologies have proven so beneficial for so many other legitimate purposes. Even more heinous was the decision to sue people, en mass, without any kind of conclusive evidence, and use their legal and financial clout to extort them into settling.
What was the worst was when it became obvious that they were knowingly subjecting innocent people to this form of legalized extortion. I kinda think that they were definitely asking for this. And to be honest, the first line of the article actually echoes my sentiments exactly. Why has this obviously monopolistic corporate activity been ignored by the federal government? I am really interesting in seeing how this turns out.
RIAA named in first class action – [p2pnet.net]
The “Pirates” take a stand…
An interesting movement seems to have spawned the desert of Utah. The US arm of a group calling themselves the “Pirate Party”, has proclaimed their intent to become a legitimate political party:
Yesterday, the Pirate Party of the United States announced its intention to register as a political body in Utah, its first move into American state politics. The fledgling Utah operation is now accepting “statements of support,” needing 200 voter signatures for official registration.
“Our basic mission is to restore a lot of the civil liberties that have been eroded in the name of profit, including privacy, free speech, and due process,” Ray Jenson, the interim administrator for what may become the Pirate Party of Utah, told El Reg.
He has his sights set on the DMCA, the U.S. law that protects online intellectual property, and the Recording Industry Association of America (RIAA), the trade group that quite likes the DMCA. “Under the Digital Millennium Copyright Act, there have been numerous erosions of liberties since it went into effect almost a decade ago,” Jenson said. “Number one on the list is the RIAA’s litigation” against P2P services and the people who use them. – [The Register]
Given the amount of abuse the entertainment industry has been dishing out lately, it is almost no surprise that this group exists, though I will admit I had never heard of them until today. However, I honestly believe that the entertainment industry, in particular the MPAA and the RIAA have been abusing the law.
I do agree that the RIAA and MPAA have the right to take actions to protect their investments. However I also believe that they have been using this as an excuse to violate the rights of others. They have embarked on what is little more than an extortion campaign, or litigation terrorism, in the name of curtailing piracy.
While I agree that piracy is a problem, it seems like nobody has been looking out for the innocent victims that have been needlessly terrorized by the MPAA/RIAA. While groups like the ACLU have been vocal about the issues, it appears that their efforts have done little to helped those who have been the unjust focus of the entertainment industries legal might. It’s about time there was an organization dedicate to this cause. I will be watching these “Pirates” closely…
Pirate Party invades Utah – [The Register]
A SLAPP in the face of a fair legal system…
I read an interesting article about the MPAA and RIAA strategy for dealing with copyright infringment and, in particular, file sharing:
Going up against big guns
For insight into how tough it is to oppose the entertainment sector, consider the conclusions of some long-shot copyright cases Rothken worked on: RecordTV and ReplayTV ran out of funds before their cases were heard, and MP3Board.com settled.There’s no telling whether the start-ups would have survived had their cases gone to trial, but Rothken argues that shouldering legal fees and bad press didn’t help.
Applying financial pressure is only part of Hollywood’s strategy, Rothken said. Another tactic is to sue founders as well as their companies. In 2000, the RIAA filed a copyright suit against MP3Board.com, a music-file search engine, as well as the company’s founders.
Instead of risking their own income, the operators of MP3Board.com settled the case and decided to stop linking to MP3 files, Rothken said.
“I can’t say what the MPAA’s strategy is,” said Gary Fung, founder of IsoHunt, a TorrentSpy rival and Rothken client who also is being sued by the MPAA for copyright infringement. “But they do know they have more time and money than we do.” – [C/Net News]
There is no doubt that file sharing technologies have contributed to the illegal piracy of music and video. I also cannot argue that the MPAA and the RIAA have a right to file suits against those who decide to share copyrighted works illegally. That being said, this is decidedly not what they are doing. They have taken the decidedly unrealistic approach of attacking the technologies rather than the people doing the file sharing.
The various entertainment associations have sued numerous torrent tracker sites, on the basis that they are helping promote illegal file sharing. Now it may just be me but this seems to me no better than suing the gun industry for the common use of firearms in the commission of crime, or automobile makers for the high incidence of drinking and driving. And as usual, those who use the technology for legitimate purposes are always the ones to suffer.
What is even more distressing to me is not simply the fact that these suits are brought at all, but rather the strategies being used to win these suits. Rather than relying on the strength of the case, the RIAA and MPAA have begun a the methodical practice of SLAPPing defendants into submission. The SLAPP or Strategic Lawsuit Against Public Participation, is designed to ensure a settlement not by virtue of any legal argument, but by wearing down the defendants financial resources until they are unable to afford to continue their defense.
This to me, is the ultimate abuse of the legal system. The fact that this type of activity is legally allowed to happen should be a cause of great concern, even for law abiding American businesses and citizens, because it means that the outcome of future suit brought against you may not be determined by the validity or legal strength of the suit, but rather by who has the most money. And that situation is fundamentally anathema to the concept of a fair and equitable legal system.
TorrentSpy lawyer battling ‘copyright extremism’ – [C/Net News]
Johann Sebastian Bach… Crime Fighter…?
The city of Tacoma, Washington is trying out a new gang violence prevention measure. Classical music:
Transit workers are installing speakers this week to pump classical music from Seattle’s KING-FM into the Tacoma Mall Transit Center. The tactic is designed to disperse young criminals who make drug deals at the bus stop or use public transportation to circulate between the mall and other trouble-prone places.
The attack by Bach, Brahms and Beethoven follows the theory that prompted the city to stage pinochle games on dangerous street corners: Jolting the routine in such spots throws criminals off balance.
Skeptics include Tony Wilson, a bus driver for 18 years.
It could do one of two things: It could calm the beast, or it could just stir things up,” Wilson said. “I think the reason we don’t have music on the buses is that you can’t please everyone. It would just cause drama.”
Vrahmel Obleanis, 19, playing a Nintendo GameBoy at the mall bus stop, said troublemakers won’t like the orchestral strains, but they’ll probably just move somewhere out of earshot.
They’ll say, ‘This is whack,’ and go over and hang out at the mall or by Babies ‘R’ Us,” Obleanis said. “The music isn’t going to change the attitude of the kids.” – [AP]
OK, I’m not an expert in sociology, but if you stage public events in areas where illegal activities usually occur, aren’t you simply displacing the activity to another part of the city? Somehow I’m not to confident in this particular solution. I’m with the kid and the bus driver on this. Johann Sebastian Bach does not exactly strike fear into the hearts of a would-be thug, or everyone would be walking around with mp3 players loaded with classical music. Not to mention, doesn’t blaring music in a public area 24/7 usually violate some sort of noise ordinance?
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