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RIAA Pretends It Fully Won The Grokster Case --- Threatens Other P2P Providers

Legal Issues

from the this-ought-to-be-fun dept

Thu, Sep 15th 2005 3:50am — Mike Masnick
While the actual Supreme Court decision in the Grokster case was not completely what the entertainment industry wanted, ever since it came out, they've been acting as if the Supreme Court ruled 100% in their favor. What the court actually said was that companies would not be protected if they were shown to have taken affirmative steps to encourage the sharing of unauthorized copyrighted material -- the so-called induce standard. The standard, itself, is still quite fuzzy. Fuzzy enough, in fact, that the RIAA didn't waste much time going around telling people that the court had declared all file sharing programs that didn't have deals in place with the industry as illegal. Basically, they started suggesting that almost anything they could think of was inducing copyright infringement. Of course, that was jumping the gun, because the Supreme Court didn't say whether or not Grokster and the others did, in fact, induce infringement. They sent that question back to the lower court, which has yet to decide. In the meantime, though, it should come as no surprise that the RIAA has now let its own interpretation go to its head and has sent legal nastygrams to other file sharing app companies, including those behind BearShare, LimeWire and WinMX, telling them all (notice the language) that they must "cease and desist from enabling and inducing the infringement." Considering that it's not even clear if the first set of companies they sued infringed, it would appear that the RIAA is jumping the gun a bit. The RIAA needs to realize that they don't get to decide what the definition of induce is. That's for the courts to clear up. But, for right now, it appears the RIAA's definition of "inducement" is any app that lets unauthorized files be shared -- which is a pretty broad definition. Update: Here's another version of the story that won't expire so quickly.
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17 Comments

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  • identicon
    Evan Cox, 15 Sep 2005 @ 4:17am

    RIAA = 800 Lb. Gorilla

    "The RIAA needs to realize that they don't get to decide what the definition of induce is."

    You try (literally) telling an 800 lb. gorilla it can't do something. If they want to send C&D letters to people, tehy can do so.The RIAA carries a lot of weight.

    True, it's for the courts to decide, but the RIAA just wants to take down the filesharing apps, so its gonna do its best to do that.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Sep 2005 @ 2:09pm

      Re: RIAA = 800 Lb. Gorilla

      You are probably right. It's my geuss (and I really hope I am wrong), that they have so many politicians and judges 'in their pocket' that they already know the outcome of that lower court decision. Let's face it, the free (term used lightly) countries have supported the big corporations over the average citizen, small companies, and the planet for the past few years now. I don't see why that will change in this case. How did we get so corrupt?

      [ link to this | view in chronology ]

    • identicon
      mike-ish, 16 Sep 2005 @ 10:59am

      Re: RIAA != 800 Lb. Gorilla

      RIAA is a 98lb. weakling in a gorilla suit. lol

      [ link to this | view in chronology ]

  • identicon
    Whosawhat?, 15 Sep 2005 @ 4:43am

    No Subject Given

    I don't know about everyone else, but I'm so sick of the RIAA that I almost want to go out of my way to copy the music.

    I'm not even interested in doing it other then to piss them off.

    [ link to this | view in chronology ]

    • identicon
      Felonious Hiddenbottom, 15 Sep 2005 @ 6:22am

      Re: No Subject Given

      >>I don't know about everyone else, but I'm so sick of the RIAA that I almost want to go out of my way to copy the music.

      I'm not even interested in doing it other then to piss them off.<< br>
      Same here. I swear it's the only reason I do it. And the funny thing is, I only download music I already "own" - most of it on old vinyl or cassette that I haven't listened to in years.

      [ link to this | view in chronology ]

      • identicon
        EBG, 15 Sep 2005 @ 8:21am

        Re: No Subject Given

        i have a fairly hard time believing that you (or anyone else) is only downloading music to "piss off the riaa." i think this is a cop out, and that statements like this are partly responsible for the riaa's freakout reaction to filesharing apps. HOWEVER, i also feel that the lack of substance in the popmusic world is far more responsible for declining record sales than p2p networks. if commercial artists actually treated their music as art instead of a commodity, they might notice an increase in sales. as for me, i own hundreds of albums (that i bought) but i gladly share them online, especially the independant artists. although i have downloaded thousands of dollars worth of music, i actually go out and track down and buy what i have found to be worthwhile listening. p2p networks are an excellent means of expanding our musical interests (and films, etc.), but it is important for us not to abuse it, and actually support the artists who have filled our lives with so much joy. fuck copyright.
        love, eoin.

        [ link to this | view in chronology ]

      • identicon
        Auto Reply, 23 Sep 2005 @ 5:23am

        Re: No Subject Given

        Isn't that legal?

        [ link to this | view in chronology ]

    • identicon
      Anon, 15 Sep 2005 @ 3:30pm

      Re: No Subject Given

      Unfortunately, I don't think it does. They will still sue people, because they still settle and not fight, so it still makes them money. They'll still try to break technologies for their own benefit at the expense of everyone else.

      [ link to this | view in chronology ]

  • identicon
    yoni, 15 Sep 2005 @ 8:13am

    RIAA

    The RIAA is attacking their target demographic. Stupidest business move ever. "Use gorilla tactics to sue your market and hope they will support you." I'll do whatever I can to see that organization go down. I'll support artists through concerts, but never the RIAA.

    "Music" is sound, not a cd. Cds can be stolen, not sound. Music is a collection of orderly and audible soundwaves which can take millions of forms...good luck convincing us that you own the air or our internet modems, RIAA. We'll never buy it.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Sep 2005 @ 11:10am

      Re: RIAA

      "Use gorilla tactics. . ."

      Obviously someone at the RIAA heard about "guerilla marketing" and got confused. . .

      [ link to this | view in chronology ]

  • identicon
    googly eyes, 15 Sep 2005 @ 8:36am

    Karma is out there

    Here's a message for the RIAA - why don't I spend money on mainstream music anymore?
    Is it because I download it for free? - NOPE!
    Is it becuase I get it from friends on copied CD's? - NOPE!

    It's becuse of YOU, RIAA, I simply refuse to
    support you by buying mainstream music anymore.

    Got that?

    No "Illegal" downloading, no "copying", just plain disgust for your greed.

    Stick that in your statistical engine and smoke it.

    [ link to this | view in chronology ]

  • identicon
    Devil's Advocate, 15 Sep 2005 @ 8:38am

    Uh oh...

    Looks like the RIAA will be suing Microsoft because Windows induces copyright violation by allowing me to download, save, share, and burn illegal material to CDs. Also, don't forget Internet Explorer -- back before P2P, what did everybody use to download warez? That's right, IE. Or perhaps we should sue Intel for making a processor that allows such things. Because, you know, it's so easy to distinguish what's legal and what's not at the digital level... [sarcasm]

    The RIAA never ceases to amaze me. They destroyed my hopes with internet radio, and they're destroying the potential benefits of an integrated decentralized networking system (BT) as well as other P2P systems.

    I'm not one for smiting evil, but we should hang those bastards.

    Lets face it: the real criminals are the end users, who are willfully breaking the law. It's not Subaru's fault if I get busted for speeding in my WRX, yet the car was CLEARLY designed for breaking that law.

    -@

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Sep 2005 @ 4:41pm

      Re: Uh oh...

      The only thing Evil needs to succede, is for good men to do nothing.

      [ link to this | view in chronology ]

  • identicon
    Robert, 15 Sep 2005 @ 8:53am

    ... they always leave out the biggest community...

    the biggest, and the oldest community out there... the FTP'ers ... lets see them click on their attachments in their email after FTP is removed from Windows OS and Email Application ... (why windows? what other sucky OS would a sucky group of people use? UNIXWare from SCO? don't even go there ...)

    [ link to this | view in chronology ]

  • identicon
    Pete Austin, 15 Sep 2005 @ 10:49am

    RIAA Website

    I was checking out the RIAA website (go there to read their views or just to waste their bandwidth - your choice) and found the following claim:
    "RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States."

    They wish! Guys, which country are you in? What about voice mail, recorded messages, telephone logs, legal downloads, recordings for personal use on all those iPods and VCRs, etc.?
    I'd be surprised if you were responsible for 0.9% of legitimate sound recordings produced and/or sold in the United States.

    [ link to this | view in chronology ]

  • identicon
    Sandbomb, 4 Jul 2006 @ 5:50am

    Boycott!!!!!

    Okay, im sure everyone is aware of movie and music piracy and the attempt by movie and audio labels to stop it. every year millions are brought to court to pay huge loads of money just to compinsate for "illegally" viewing a small movie or playing a song that might not even popularly last for a month. But this year...2006, it will all change, a boycott of original movie and music products (DVDS, VHS and CDs) etc will be boycotted by who ever wishes to do so to prove to movie studios and music labels that WE are the customers and WE make them who they are. it shall start on the 4th of July and hopefully end on 4th of August. i sure hope you participate in this (hoped to be) global event. for more send or add this email "sandbomb_bc@hotmail.com". thank you for your time and i hope you spread the word.

    [ link to this | view in chronology ]

  • identicon
    Crystal, 4 Jan 2007 @ 3:55pm

    Um....

    Saturn should totally have to pay all my speeding tickets, then. After all, they made a car with the ability to speed.

    [ link to this | view in chronology ]


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