RIAA Lawsuits shows its age, yet the losing battle just goes on

07 Nov 05 00:16 by Seán Byrne in category Uncategorized To news archive

Since the RIAA first started its lawsuit campaign against those who share copyrighted music online just over two years ago, they insisted on sticking to this method ever since, filing round after round of lawsuits.  So far, they have sued a very wide range of people, including those found to be sharing 1,000’s of tracks to young children and even people not owning PCs, not to mention suing the deceased!   The first thing they try to do is get those whom it sued to settle their case for just under the cost of fighting the lawsuit, such that the person being sued would rather just settle it than to face a horrifying task of trying to prove their innocence by fighting their case in court.

So far, the RIAA has sued well over 15,000 individuals and has shut down several file sharing services including the original Napster, several large OpenNap servers and AudioGalaxy.  Unfortunately, each time they succeed in either closing off a network or flooding it with fake content (such as with Kazaa), former users simply jump ship to another one.  As a result, the stronger P2P networks, including those used by eMule, Limewire and BitTorrent all end up growing stronger with more users and in turn a wider range of shared content. 

In the end, it is pretty clear that the answer to dealing with P2P is not lawsuits.  All the RIAA lawsuits end up doing is harming or deven destroying the lives of innocent people, especially those who can barely afford to pay off the settlements.  While the music industry is keen on using DRM as a way of fighting off piracy, this has proven worthless, since the only people it affects are those who actually purchase the content.  A clear example of DRM being a recipe for disaster is the recent scenario with Sony using rootkits in its DRM.   Finally, despite all the fuss the RIAA puts up about dropping sales as a result of file sharing, apparently the RIAA’s profits just keep going up, year after year.

src="http://www.cdfreaks.com/contentimages/newsimages/1031632297" align=right border=0
>The Recording Industry Association of America is a name often associated with words such as “evil”, “greed”, “lawsuits” and “lies”.

Why’s this? Because since the dawn of of file sharing, they’ve been on a crusade against file sharers with lawsuits ready to be sent to everyone who’s ever touched a computer. Up until now, the RIAA have sued more 15,000 people for sharing music on the internet, and shut down numerous sites and services including, but not limited to, Napster 1 and AudioGalaxy.

The lawsuits were fired at everyone from dead grannies to 14-year-old-schoolgirls. The RIAA sue people claiming that they’re losing massive amounts of profit because of file sharing. They are in fact earning more and more every year. They sue people no matter who they are, no matter if they actually did “infringe”, and no matter what kind of situation they may be in, forcing them to pay them a settlement fee that’s cleverly priced at slightly under the cost of fighting the lawsuit, making people more likely to settle just to get it over with.

As it has been over two years since the RIAA began its lawsuit campaign against file sharers, it is about time that they find something else to try besides legal action and using DRM technology.  The problem they have is that they simply cannot get on with new technology.  For example, Voice over IP is starting to become a major threat to the telephone business, since users can call each other for free (or very cheaply) using their existing Internet connection, yet we do not see the telephone providers trying to enforce new laws that would make it illegal to use VoIP software or place voice calls over the Internet.  Most just rely on the fact that the average user would sooner pickup their trusty fixed-line phone as apposed to placing a call online. 

Feel free to discuss about the legal issues with file sharing networks on our Music Download, Peer to Peer (P2P) & Legal Issues forum.

Source: P2PNet

15 Comments

jdub
Posts: 233
Posted on: 07 Nov 05 00:59
As a quick addendum to this article I'd like to add to: "Most just rely on the fact that the average user would sooner pickup their trusty fixed-line phone as apposed to placing a call online." - by saying that the telecommunicatins companies are not just ignoring VOIP entirely. Most see the problem brewing and are trying to transition themselves to become your provider for data and television services, ultimately as your entertainment and communication portal to the world. Anyways the point is that telecommunications companies are willing to evolve and change while the record companies are by and large too afraid of change.
[edited by jdub on 07.11.2005 01:00]
Seán
Posts: 6944
Posted on: 07 Nov 05 01:25
You are quite right there, such as the recent example of China blocking Skype and VoIP calls to its fixed lines. However, if both ends have a VoIP phone, there is little they can do in that case. From what I recall, the only problem VoIP in the US is facing is the FCC's requirement for VoIP providers to deliver 911 calls to the caller's local emergency operator, something that may be difficult to implement, considering in some cases it may be impossible to trace the exact location of an IP address without getting this information from the ISP.
I Have Piles
Posts: 586
Posted on: 07 Nov 05 02:05
Home taping is killing music
slyder2
Posts: 82
Posted on: 07 Nov 05 02:51
Nope.. not home taping.. I think its Hummin a tune!.. Its catchy!.. people get it stuck in their heads and hum it themselves... This must be source of the problem!... la la la Singin in the rain.. .. lalala
TrueAudio
Posts: 14
Posted on: 07 Nov 05 05:45
The RIAA/MPAA don't have to "win" the battle to win, when they have Intel, Microsoft, the FBI, DoJ, Deptartment of Homeland Security, and the corrupt Senate Judiciary Committee under their power. http://www.bluetack.co.uk/forums/ Their is no law backing this folks, it is totaly illegal. copy protection (DRM) does not give them the right to alter ones personal computer nor does it give them the right to monopolize for Microsoft. This is a criminal act from these companies and the U.S. Law enforcement had better start treating it as so. They are not a legit law enforcement agency if they sit back and do nothing about these ilegal acts. It is unpatriotic, terroristic and downright a shame that these companies are not being prosecuted , for this at this time. Can anyone again say MONOPOLY. racketeering corperate / ilegal/unconstitutional law enforcement. spying applications and hardware. They are trying to shut down the net for the poor. Their is no doubt about it. This is a rich against poor here and people had better start to look at things this way.. It is just an attmept to control the net in the minds of the people. http://www.theinquirer.net/?article=24638 INTEL IS ABOUT TO CUT Linux out of the legitimate content market, and hand the keys to the future of digital media to Microsoft at your expense. Don't like it? Tough, you are screwed. The vehicle to do this is called East Fork, the upcoming and regrettable Intel digital media 'platform'. The funny part is that the scheme is already a failure, but it will hurt you as it thrashes before it dies. Be afraid, be very afraid. First, lets explore what East Fork (EF) is. It is basically a media server PC on steroids with a lot of interesting software. The downside is that it is aiming for you, not aimed at you. The first iteration, due out in Q1 2006, is based on a Smithfield dual core Pentium 4 with the Lakeport and ICH7-DH chipsets, a fairly plain combo. You also need a S-ATA HD with NCQ, and Intel HD Audio, but you can supplement that with anything else you need as long as it is on the board. You also need MS Media Center Edition 2006 (MCE 2006). This will be replaced shortly after launch with a version based on Yonah, more like late Q1 2006, but since the Smithfield one slipped so much, this one might be delayed as well. It replaces the chipsets with Calistoga and ICH7-DHM, not a big change, and the rest remains the same. How they are going to sell a 64 bit launch and a quarter later an 'upgrade' to a 32 bit version is beyond me, but it isn't my idea. The replacement of the 130W Smithfield by the 31W Yonah won't cause many loud complaints, and the exhaust temperature of your stereo cabinet might go down a few orders of magnitude. The concept is collectively called EF, and the one key to this all is something called the EF platform driver. It does a bunch of neato things, it will use all the horsepower the CPUs can throw at it, and a lot more. The first thing is that it will transcode content on the fly, and is officially stated as 'Transcodes content that's not supported by Digital Media Adaptor into a supported format'. Sounds cool, except the, and I mean the supported format right now is .WMV. It also can do the same for bandwidth, basically it transrates on the fly. No abject evil here, it is a good idea in every way. Secure premium content muddle The problem is something called the Secure Premium Content Module (SPCM), and its reason for being is to decrypt MS DRM fast and 'securely'. It is an open question as to how this security benefits the user though. Anything other than Microsoft DRM is listed as 'possible' for SPCM, but as now, the list of additional supported DRM providers is zero. The transcoding will basically add DRM to anything that touches the box, preventing you from using any fair use rights, and preventing legal sharing. This strategy worked well enough to turn the mighty Sony into an also ran in the MP3 player market. There are also a few more goodies. One is called Energy Lake, an instant-on technology. It does what it says it does, press the button, and the beast springs to life in short order, think more toward the speed of a DVD player than a PC. This is a good thing for all involved, and hopefully will spread farther than the EF platform. Last up is the EF online zone, which is one of those portals where you are a captive, and can 'freely choose' to spend your money in the ways they want you to but only on the limited selections they offer. There will be 'exclusive content' for those who appropriately tithe, think the latest Brittney pablum for those with short attention spans. Don't expect anything that you can't find on the web for less, you are captive and you have large corporate profit margins to support. I say captive because although it will support other shells that are not MCE 2006, it will only support other shells, but not programs. This is not the same as being open in any way shape or form, you are locked in, period. That's not to say that there will not be choices. There have to be at least two providers in each country where it launches to provide the content, but the blessed ones are the only ones. Call me absurdly cynical if you like, but I expect there is a lot of money changing hands here, and it will come out of your pocket in the end. With the Intel GMA950 GPU, it will decode up to 720p and 1080i, but no guarantees on 1080p. If they allow you to use an Nvidia card, a 6600GT with PureVideo and the right drivers should make 1080p a distinct possibility. That should be 'good enough' for most uses. In Q1 2006, East Fork will launch in seven countries, the US, Canada, Germany, France, Japan, South Korea and the PRC. Notably absent is the UK, but on the upside, it looks like their buses will be spared the indignity of the ad campaign. At least the iPod ones don't look all that bad. This advertising campaign is going to be huge, about one third of a billion US dollars. Remember the Centrino campaign? That is what you are in for, an inferior product that sells you out for more money. There will be EF devices, EF branded content and probably EF branded contraceptives to use while watching EF branded porn. Up the river without a paddle So, that is what it is, how does it sell you up the river? The first part is DRM. Any DRM on a machine is simply a sign of failure. It signifies that the providers cannot, or will not provide you with a good product at a fair price. People are inherently averse to getting screwed, in the way that Intel is doing mind you, and if you try to screw people, they will avoid you. If you offer them something they actually want, they tend to readily open their wallets. This crushing DRM that is being foisted upon you is the surest sign that you don't want this product, and you will be paying too much for it. Don't like that? Bought legislators are hard at work making sure you will go to jail if you try to exercise your rights on the issue. Remember there was a time when something called fair use existed? Remember when you could rip a CD to your MP3 player to listen to in your car, or while out biking? That was and is called fair use. Breaking down the term, fair means equitable, and use means to use. Both are about to be stripped from you, but you get to pay for the privilege. Here's how it works. The record companies, and to a far lesser degree the movie studios, are rapacious greedy bastards that have a failing business model. No, really, look at the numbers, they are on a treadmill where they need bigger and bigger hits to support the 90 plus per cent of projects that don't make dollar one. Each time, they spend more and more money making the latest plastic knuckle dragger seem cool enough so you will part with your money. It is getting harder and harder to do, mainly because quality is declining so rapidly. So, rather than go for quality and content you want to buy, they are trying to make it so you have to buy, and crying to legislators that you are evil if you don't consume how they want, when they want, in the ways that they want. Pay per play has these cretins drooling. Add in the fact that they completely missed the boat for digital media, obstructed its growth at every possible turn, and sued their prime consumers when they didn't flock to sup-par offerings at super-par pricing, and you have a recipe for failure. This is exactly what the record companies are doing, failing, and it is richly deserved. Some adapted early, Go-Kart being a prime example, are doing the right thing for the right reasons. The vast majority are not. In their failing, they are passing laws left and right that make you a criminal for doing things that you were entitled to do up until it did not make several large corporations enough money. Don't like it? How many Congressmen do you own? Their excuse it that they won't enter a market without what they deem as adequate protection. Silly me, it seems that they define adequate protection as charging more for a download than a physical product that has actual costs to produce, ship, stock and sell. It is a flat out sham, and strangely, people are stupid enough to believe it, and buy the fact that the poor record companies will lose their shirts if they so much as dip a toe in the water without DRM. They can't come in without you giving up your fair use rights. That is a lie, they voluntarily left, and choose not to enter without you kneeling before them and giving up your civil liberties. It would be laughable if so many people didn't do just that. A good analogy was one I used on a person giving a speech about DRM a few months ago. I said imagine that during his speech, I walk up on stage with a baseball bat, and for no reason, start hitting him. Then, out of the goodness of my heart, I stop hitting him, does this suddenly make me a nice guy? The record companies are hitting you by not supporting the current prevailing formats, and are asking you to call them nice guys when they stop hitting you. I hope you are not that stupid. East Fork handles Back to EF though, there are a lot of problems, and it mainly starts with exclusive support for Microsoft DRM. There is no other, and as of the last time I checked, there will not be. Intel refuse to comment on unannounced products, but others have told me there is nothing but Microsoft DRM. If you look at the history of the public, lets call them sheeple, they take what they are given, grin and bear it. Netscape, Real and others have all fallen victim to the Microsoft bundling machine, and even if EF has the option to include other forms, there will be none in the box to start. What do you think content providers will encode in, Microsoft or some other format that has a vastly higher probability of not being on the box? By Intel selling out to MS for co-advertising dollars, they basically hand all content over to MS controlled and MS licensed schemes. Not a problem if you are willing to pay MS for the privilege of using their codecs. How about if you are using a non-MS platform? You can always pay Microsoft for the privilege, and several Linux based devices do, but they charge you for it. They also have handcuffs placed on them as to what they can do after that. Forget 'free' as in beer, 'free' as in freedom just went away with a whimper, not a bang. Also, if you think Microsoft is cheap or altruistic, wait until they are a monopoly here too. History is a great guide. So, with this single coup, Intel is handing the keys of the digital media kingdom to MS, and content providers will follow like the sheep they are. In almost no time, Microsoft will be the default digital media codec, in the same way that people 'chose' the 'superior' IE and WMP programs. When the content follows, which it will, you are locked in. But you can always play it on another player, Linux will have something that can read it, right? Not legally in the US anyway, there are laws against circumventing protection mechanisms, and DRM is just that. Fair use and your rights are going to go away when EF comes to town. Linux is verboten So, Linux becomes a forbidden for those who want to watch a movie legally. Think this is by chance? Think it won't catch on? There is a $300 million plus ad campaign cooking to make sure you equate digital media with EF, and don't question that you are giving up all your rights to pay for the privilege. People are stupid, and by the time they catch on that the EF machine they bought is the main method that they are being screwed by, it will be too late and you won't be able to buy anything else. Trust me, this really is the plan. I have asked Intel several questions, and never really got a satisfactory answer to any of them, mainly because I don't think they can answer them honestly. The first one is, 'who is your customer for EF, is it the consumer or the record companies?' That is the round about way of saying, are you doing this for our benefit, or the content providers? When I asked it, I don't think they had considered it enough. Now, Intel's actions speak louder than words, and the answer is that it is not for our benefit. The second question is how does DRM benefit the consumer? Intel deflects this deftly if you ask it, you get an answer to the question 'why is your DRM version better than theirs?'. Intel replies that a single standard is better than multiple fragmentary standards. Intel won't point out that a single walled garden is no better than several, and in many ways can screw you just as much. If Intel had the guts to push a single free standard, free as in freedom not necessarily as in beer, then I would have no problem with it. The problem is that there is no theoretical, practical or implementation benefit of DRM for the consumer. It costs money to develop, costs money to implement, and adds hardware and complexity to a device. This all comes out of your pocket while it takes your rights away. Intel has apparently failed here, and sucked up to the money danglers at your expense. The 'solution' it is offering, EF, only takes your rights away when you write a cheque and so it is the wet dream of every media executive out there. MS is rubbing its hands with glee, it gets a chunk of everything played from 2006 on, and consumers have to just bend over and take it. If you don't like it, you can live without music, TV and movies, an increasingly appealing proposition to me. You cannot play things without tithing, that would be illegal, and probably you're even a thought crime citizen. The fact that the 'brains' at Intel and Microsoft could not come up with a scheme that makes them money in a way that you and I would want to buy is a shining badge of failure. Thanks a heap, Intel This whole East Fork scheme is a failure from the start. It brings nothing positive to the table, costs you money, and rights. If you want to use Linux to view your legitimately purchased media, you will be a criminal. In fact, if you want to take your legitimately bought media with you on a road trip and don't feel the need to pay again for it - fair use, remember - you are also a criminal. Wonderful. Intel has handed the keys to the digital media kingdom to several convicted monopolists who have no care at all for their customers. The excuse Intel gives you if you ask is that they are producing tools, and only tools, their use is not up to Intel. The problem here is that Intel has given the said tools to some of the most rapacious people on earth. If you give the record companies a DRM scheme that goes from 1 (open) to 10 (unusably locked down), they will start at 14 and lobby Congress to mandate that it can be turned up higher by default. In closing, thanks Intel for selling us out. Thanks Microsoft, for being Microsoft. Thanks RIAA, MPAA and the other for being shining examples of unbridled greed. You and I, we were sold out, and when East Fork debuts in Q1 2006, there won't be much you can do about it, legally anyway. Enjoy the little freedom you have left." Link edited by Wesociety to preserve webpage formatting.
[edited by Wesociety on 07.11.2005 05:49]
BitRate
Posts: 411
Posted on: 07 Nov 05 07:41
It's time people got off their asses and stopped using any products from Microsoft, Intel and other devious corporations that have no respect for consumers. I for one am not interested in ANY company telling me what to do with digital media that I download or purchase - the same goes for hardware. As I've said before, people need to be informed and expand their awareness of what exactly is going on around them. Every day our freedoms are being destroyed yet joe public is too busy watching some B-grade movie or stuffing their face with french fries to take any notice. Once things reach critical mass, all the sheep will cry foul and wonder "What the .. ?". By then it will be too late. Sad, but true.
LastStand
Posts: 321
Posted on: 07 Nov 05 10:10
Check out the video below, it will all be here soon. http://www.lafkon.net/tc/
bowfinger
Posts: 4
Posted on: 07 Nov 05 14:26
The rich get richer and the poor get poorer
agomes
Posts: 1232
Posted on: 07 Nov 05 14:52
Sad to remember this East Fork (EF) came out almost 4 months ago... and, yes the trend is in the path to take control of your hardware from you... Obviously consumer is the one to pay and to take the buying decisions, but we live in a world people buy a computer just like a household appliance, and a lot of them just want an easy push button solution, that doesn't demand any brain (?) effort. Lets see what the competion does and if Intel goes on+
CORRSA
Posts: 298
Posted on: 07 Nov 05 15:10
god this place is becoming depressing if things are so bad you people out there why do you bother to sit and bitch about it either vote your govrnments out or shut the f**k up and pay people of the world just wanna easy life it is called their freedom of choice if the masses want it let em have it
themushroom
Posts: 188
Posted on: 07 Nov 05 22:01
Lawsuits may be 'getting old' but it's a trick which still works. And of course the RIAA's profits keep going up, instead of relying on actually selling a product they get paid for something similar to Mafia 'protection' money from shaked-down consumer 'shopkeepers'.
[edited by themushroom on 07.11.2005 22:06]
jandevries145
Posts: 35
Posted on: 07 Nov 05 22:19
The more they keep suing, the less im buying. Im not going to pay the ppl that are just using my money to sue innocent victims.
jdub
Posts: 233
Posted on: 08 Nov 05 04:06
That and the whole comliance with phone tapping abilities.
DcR125
Posts: 13
Posted on: 08 Nov 05 10:18
I'm sorry to inform you but you cannot vote the government out. You could choose not to vote for a particular polititian/party or in some countries not vote at all, but someone will be voted in and as we all know all polititians are evil and cannot be trusted under any circumstances. I guess voting is a bit like choosing the color of a new car, some colors may look better than the others but in the end if the car underneath is a POS it won't matter what color it is.
darwin03
Posts: 67
Posted on: 10 Nov 05 14:58
Simple solution people, do not buy their inferior crippled products and ring, write or email them and let them know you will not buy their product and why! Just before your next election ring as many Politicians and ask them where they stand on consumer rights, fair use and corruption (companies buying politicians and laws) and let them know they will not get your vote if they are willing to ignore you and your consumer rights. (and believe me if they get qite a few calls letting them know they will not get the votes and remein on the gravy train they might change their ways and beliefs very quickly). Like they say, If it is to be it is up to me, and the people can have the power if only enough people use it and let them know!! I will not buy any of their (companies) rubbish, crippled products and I have let some of them know it already, so I will hit them where it hurts, the hip pocket/almighty dollar and if they realise a LOT of people will do the same they will change their tune very quickly. You can whinge and whine about it and really do nothing or you can let the greedy and corrupt bastards know if they want to treat you like crap they will not get a cent from you ever again, and like I said if enough people do that they will see all those dollar signs dissapearing and change thier ways.

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