RIAA Says Merely Making Files Available Is Illegal
from the what-now dept
Ray Beckerman, a lawyer that's been involved in several cases with the RIAA is reporting that the group has argued in one of his cases that simply "making files available for distribution" violates copyright laws. This means that regardless of the legality of a file somebody has on their computer, just putting it in a shared files folder than can be accessed by other people is illegal. Although it's asinine, it really shouldn't come as any surprise given the RIAA's legal campaign that's more about what it believes than what the law actually says. I noticed this morning that I left my car unlocked overnight, and there was a CD sitting inside. Does that make me a criminal in the RIAA's mind since I empowered the potential theft of some music? Update: Mike's pointed out a couple of previous posts on this issue. Although it is a somewhat complex legal issue, at least one judge has said making files available does not equal distribution.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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90% of the population is breaking the law
I don't see how they can charge people with a crime that they do not even know happened because of the supposed "user friendly" features of an inferiour OS.
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They ignore their real problem
I think it's funny that the RIAA continues to beat this horse. Their sells are continuing to drop, due to two things, maybe 3 IMHO: DVD and games and the ability to buy individual songs now. With Hi def on the move, Bluray and hddvd and movies and videogames (now firmly mainstream) promising more advancements in video resolution, the music industry has fallen behind in being able to compete for people's entertainment dollars. They can't sue everybody into compliance, and by clinging to their old business models, they should expect to lose money.
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copyright
I would say that under the principles that the RIAA is applying to recorded works, that having copies of my 2 favorite paintings ever put onto my case doors probably constituted copyright infringement, and I should immediately seek out members of his family to send them a check.
Don't libraries violate the law when they hand out CDs and DVDs for people to enjoy for free?
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No Subject Given
I was depressed but then I had a brainstorm. I think that maybe I can get the RIAA to find out who broke into my car and have the RIAA sue him since he is violating copyright law every time he listens to my CD! And if that works, maybe they can track down my high school girlfriend Mandy and get my copy of Foreigner "4" back too, so I can stop feeling guilt everytime I listen to my mp3 of "I Want to Know (What Love Is)"
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So, then making a copy of a movie.......
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No Subject Given
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No Subject Given
I take it that the author has a 30 GB HDD full of
pirated music.
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Technically, everything on Windows is shared
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No Subject Given
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This guy never met a bulletin board or ftp site...
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Re: No Subject Given
thank you.
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Re: Music copying
I have a real headache with this one! What do you think!?
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Re: No Subject Given
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Beat them
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So, what about different formats?
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Re: So, what about different formats?
One point of sharing music, is obviously, to let others listen to your music that you purchased. If I buy a CD (from a legit store) and play it in my car, would I be infringing on the copyright if I have a friend in the car with me listening to the CD? After all, he didn't buy the music CD. I did. But, can I let him borrow the CD? Or is that a no-no?
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Re: So, what about different formats?
To me it sounds like everyones biggest complaint is the pompousness of the RIAA. There are plenty of people who are paying for single downloads to prove that lots of people don't mind paying. More of us wouldn't mind if they weren't being so harsh and difficult about the fees and sharing and such.
As for sony selling cds and dvds ... there are plenty of legal uses. I want to back up my . I want to share photos from my digital camera. I need to transport data from one network to another. I want to share my home movies with family members.
The only reason it has become so popular to copy content is because it's easier now. Face it, copying a vhs to another vhs verses cd to cd ... how many vhs tapes did you see the content copy warning and how many blank vhs tapes were sold. The issue has been around a while, it just wasn't so wildly popular to copy content.
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Re: So, what about different formats?
At least that is my understanding of that part of it. Otherwise, all the people I know are infringing, ever been to a birthday party where there was no music on the background?
BTW, on a sidenote, is singing "Happy Birthday" in a public place still illegal?
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Re: So, what about different formats?
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Re: So, what about different formats?
same with tv. broadcast companies pay to broadcast those shows if they don't own them. they either buy the right to air it or they buy the show itself.
am i wrong here? royalties?
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Re: So, what about different formats?
One thing I wonder though..,
Cover bands at bars? Are they going to be sued next? I mean they get paid to play, and are actually attempting to copy the songs they play as how the actuall bands who wrote and perfomed the music actually do.
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RIAA are taking our rights away
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Re: Technically, everything on Windows is shared
1. Sharing is ILLEGAL
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Re: Technically, everything on Windows is shared
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Question
I through a kegger and charge 5 bucks a head and play all my favorite music for all the folks.
ILLEGAL??
Aside
Do public establishments pay royalties for the music they play?
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Question
I throw a kegger and charge 5 bucks a head and play all my favorite music for all the folks.
ILLEGAL??
Aside
Do public establishments pay royalties for the music they play?
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Re: Question
Yes. Restaurants and bars have to pay money to play music. In fact, one restaurant was just sued for not paying.
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Re: Technically, everything on Windows is shared
[Making wild assumptions] My guess is that the RIAA are referring to works to which they and their members have rights and you can share whatever you like IF YOU HAVE THE RIGHTS which flow from being a creater/artist.
Not sure about US, but up here in the frozen north, I don't believe you get the right to share just by buying a movie ticket or CD. You get the right to listen/watch only. So if you want to share, why not fork out the $$$ and get a license to distribute the work.
'S only fair. Otherwise become a politician, rewrite the law and stop making mountains out of molehills.
Disclaimer: I'm just a poor shmoe who doesn't buy OR share music - radio is free
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Memorandum
In consideration of recent legal victories and court battles currently underway in defense of our rights as copyright holders, we submit for your consideration and approval the following suggestions for enhancing revenue streams from copyrighted materials:
1) Some web hosting services host online music purchase sites. Typically these sites charge a fee per gigabyte of bandwidth. Since mp3 files of our artists' music make up a portion of this bandwidth, some of the hosting company revenue should be ours since they wouldn't have this revenue without our music.
2) We should develop a tagging system similar to hyperlink tags in HTML to be embedded in music and video files. Then new laws can be passed requiring all media player software to respond to these tags by retrieving commercial messages we provide. This will allow us to place commercials of the quantity and frequency of our choosing in all electronic media.
3) Sales of mp3 players and other home entertainment equipment are largely driven by purchasers wanting to play our copyrighted media files, therefore we should lobby for a portion of revenue from these hardware sales to be paid to us as a matter of law.
4) The heavy burden placed on Internet infrastructure caused by exchanging billions of our copyrighted media files has fueled a need for thousands of expert network software developers, all of them highly paid, to build a more robust Internet. These developers owe us part of their salary, since they would not have jobs without us.
5) End User License Agreements (EULAs) are a potential revenue source, as they consist of thousands of words copyrighted by us. Microsoft should be required to build a counter into Windows operating systems to increment each time a user reads a EULA. These counter values would be tabulated each time Windows Update is run to determine what Microsoft owes us, after all it is their software which has provided the user with a copy of our EULA for his or her enjoyment.
6) We should modify our online music stores to charge an additional download fee for each user account on the destination computer, after all, there could be several people in the household who could play a single copy of a media file, and they should pay for the privilege.
7) Search engines such as Google sell advertising display space based on keywords. Where the keyword is the name of one of our artists, we should have a share of that advertising revenue. Also subject to revenue sharing would be ad positioning based on a phrase that is the title of a copyrighted artistic work, or a part of such title. For example, we own the copyright to the song "The Rose", therefore should share in revenues generated by words "rose" and "the".
8) It is known that music often "sets the mood" for sexual activity, and that the right music can result in an increased level of sexual activity. Condom manufacturers are seeing increased unit sales due to use of our copyrighted material, therefore we should be compensated for our role in building their customer base.
9) We should lobby for amendments to the Digital Millennium Copyright Act, to allow the recording and motion picture/television industries to seize and liquidate the assets of any person found to be in possession of an analog device used for the purpose of playing music or video, which may circumvent Digital Rights Management systems. After all, it is obvious that all the assets of such a person were gained through piracy and theft.
10) We should immediately begin to require that owners of cars that are convertibles purchase a public broadcast license.
Last minute addendum to the above list:
11) It has been brought to our attention that computers operate using a binary system based on 0’s and 1’s. It is our understanding that each 0 and 1 is, in and of itself, a small sample of one of our copyrighted works, and should therefore be the subject of a license fee. We are initiating a project to best determine mechanisms for tracking the use of 0’s and 1’s in computer systems, so that none of them “fall through the cracks” and avoid payment to us for their use.
Submitted for your consideration,
Technology Usage Revenue Development Subcommittee
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Re: So, what about different formats?
Never was illegal. Copyright violation perhaps but not illegal.
The copyright to the song is owned by someone. Just like any other copyrighted material you must pay a royalty for any public performance
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Is this such a strange argument?
One of the big concerns fuelling the WIPO Copyright Treaty was that traditional 'copyright rights' wouldn't extend to situations where someone puts copyright stuff on a website, so that people can access it. Surely putting something on a website is an infringement? (assuming no fair use/fair dealing type defence applies; eg, it's there for criticism).
And if so, what is the difference between that, and putting something in a shared folder for others to access? If people don't know stuff is in the shared folder, or what that means, then it should be innocent infringement - in Australia, at least, that would mean no damages could be awarded (the right result, if you ask me) - just an injunction (ie, stop sharing!).
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Libraries
Is that the next step for the RIAA?
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Re: Libraries
Depending where you live, libraries may have the right to make works of interest available to the public by law [Acts, regulations or municiple by-laws]. That is why you return the music you borrow. It isn't public sharing per se. Instead individuals get limited access to a work for a limited period of time. But if you burn a copy... tut tut tut. Now you're in trouble.
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Does offering a CD for sale in a store make you a
George Carlin once said "it's a sin to wanna", but I think this is pushing it too far. No crime has been committed by you leaving the door open.
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Re: No Subject Given
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Hmmm....
The real issue is the MPAA/RIAA have a bad model for this day in age of computers and what nots. This model only works for them had Tech not spread its way into our hearts so quickly. Example: RIAA/MPAA want royalties from Apple and/or wants a higher percentage because of the growth Apple has seen. Had i said, hmm...i had the money but instead i purchased X amount of shares from Google, and then later GOOGLE blew up...but im mad that i didn't get more at the price then...and now i want to double my earnings cause i want more at that price. Its a chance they took w/Apple....and they agreed and lost big. Just like everything else they missed out big...and no level of point system can generate those lost numbers for bad movie story lines or poor choices in banking on Pop princess. individuals should not blow this off so well, if anything can be learned is...Corporations only care for the continues life of this itself and itself only...by every means possible. Similar thing is currently happening with Telcos/Cable companies, and they have for some time been rewritin telco act of 1996 under much of the countries noses that when it finally 'effects' us all it will be too late.
I respect everything that was said there on the post, and i have reposted to many others so that they too can take in some very interesting comments.
Thanks for your time.
~peace
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Re: Is this such a strange argument?
You can communicate it, but only if you hold copyright. Doesn't mean you bought the CD and can now play it over the PA system. It means the copyright holder [the artist, label, etc.] can do so.
So yes, posting on a website an entire work is an infringement, assumin no fair use etc.
Share drive is same thing. If no one grabs a copy, then no harm done and no economic loss. Facing an injunction. the problem arises if you put it in the shared folder without knowing the consequences and suddenly 20000 copies are downloaded. Stupidity is a really poor defense. Also not knowing the law isn't a defense either. So, where there is economic loss, really you probably have to prove what you did was not a violation of the law or the law is wrong. Though, don't take my word for it.
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Re: No Subject Given
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Re: Does offering a CD for sale in a store make yo
This is where enforcement kicks in because the only enforcement worth doing in this scenario is the store manager shouting at you and throwing you out of the store, assuming there was no exchange of money.
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Re: copyright
Additionally, the Picasso paintings are now in the public domain, so they are no longer protected by copyright law.
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Re: So, what about different formats?
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Re: copyright
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This is stupid
That is to say, the right to copy. Making available in a shared folder is not copying, plain and simple, because no copy is made. The reason why they would make such a stupid, absurd argument is that there is simply no way for them to track actual copies between users. The only way to catch somebody downloading (copying) a file is to actually make it available on your computer...but if the RIAA did that, there would be no crime committed, since they are the copyright owner and downloading from them is simply requesting a copy and getting permission (they could have their computer refuse to upload the file but...that would prevent a copy from being made).
The fact of the matter is that while a crime may technically be committed, there is no realistic way to track it down. By suing for sharing, the RIAA is making it clear that they are desperate to hang on to older, outdated models of business that have no place in the world we now live in, anymore than a blacksmith does.
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Re: copyright
Yeah, and in fact I know someone who copies these. I'm surprised it hasn't become a widespread issue. Basically you can get any movie for free--to watch legally or to copy illegally.
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is it right
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Re: copyright
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Re: No Subject Given
You should NEVER stop feeling guilty for listening to that song.
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Bull
Then there's ads on DVDs. I mean we already paid for the freakin' content so why do they have to keep rubbing s**t in our faces? I mean, music CDs don't have ads. You already paid for the music to be ad-free. Why aren't DVDs that way? I don't really download movies or TV episodes but I could so see myself doing that just to stick it to Sony, the MPAA and all the other companies that want to have a stranglehold on us saying "You can't WRONG us but we can WRONG you."
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portable music players...
RIAA is sure smoking some weird stuff lately...
and does ANYONE have any statistics on the money that they "earned" through the lawsuit going back the the artists they are protecting?
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Re: 90% of the population is breaking the law
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Re: No Subject Given
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Re: So, what about different formats?
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Re: No Subject Given
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Re: Beat them
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Re: Music copying
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Re: No Subject Given
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Re: Question
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Re: Technically, everything on Windows is shared
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Websites Illegal
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Re: So, what about different formats?
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Re: 90% of the population is breaking the law
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Do as i say not as i do...
http://www.calendarlive.com/printedition/calendar/qtakes/cl-et-mpaa24jan24,0,288862.story
And before anyone else says it, it is in regards to MPAA and not RIAA and/or file sharing.
~peace
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EULA
That will stop the pirates.
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Re: copyright
Libraries don't violate copyright - they have a license to lend material out, and the amount they pay is used to compensate the publishers. Same deal for DVD rental stores, etc.
File-sharing of copyright material is illegal, make no mistake. What most people hate is the RIAA's obsession with prosecuting the 'little guy' instead of concentrating on encouraging labels to release good music. That's why sales fall - bad music is what's hitting the bottom line, not home copying.
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Re: copyright
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Re: No Subject Given
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Re: So, what about different formats?
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Re: Libraries
Heres one for you all.
Is someone going to sue the companies that put you on hold on a telephone whilst spamming you with stupid music tracks , or lifts ( elevators ?), how about the mall that plays music or such.
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Re: So, what about different formats?
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Re: So, what about different formats?
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Re: So, what about different formats?
It's all legal when you look at it that way...
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How do you own a pattern of 0's and 1's?
But once it is in a digital format and accessible to people.. It's not something you can "own" Its just a combination of 0's and 1's that make up how the particular file functions..
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very sorry
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RIAA
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What if I just resell the CD myself
And then the guy I sold it to listens and then gives the CD to another friend when he's done. And then that guy sells it at a garage sale for $2
Maybe we only need ONE copy of every CD and we'll just keep passing it around. If it gets scratched we can get it polished for $1 at the game store.
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Bada Bing
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Hidden shares
\machinec$ \machined$ anyone?
These are open on any machine (maybe shielded by fw tho) One has to stop the server service to get rid of them
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Re: No Subject Given
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Re: Libraries
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WAU I MIGHT AS WELL NOT EITHER
**much sarcasm intended**
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No Subject Given
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Re: 90% of the population is breaking the law
out to some tunes...is that a real crime?
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Re: 90% of the population is breaking the law
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cxvyp pctylq
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yea...
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Re: yea...
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