I would like to preface the following by saying a few things: I have used a VARIETY of sources to compile this article, mainly found through digg... I will be linking to ALL the articles i reference at the end of this post. If i cite information from your article please feel free to leave me a comment and i will clarify where i go the content from and or add you to the credits.
Let me begin by saying that I am not proud to be an American on Wednesdays when i have to write about the Mpaa / Riaa. Nowhere else in the world are people up tight enough to control the data that you keep on your computer by hiring renegade hackers to subvert US laws for the sake of sticking it to the 'little people'. In the past we have seen cases against semi-celebrities disappear, cases against people with high class lawyers disappear, but for us... The lower - middle class, we have no means to fight the tyrannical media giants, and as a result, we always lose.
In a country where the judges of these civil cases would allow in 'evidence' that was obtained through ill gotten means, I hang my head in shame and whisper I'm an American. Land of the free, freedom enough for me to post this... but not freedom enough for any of us to do anything about it. Freedom to be censored, Freedom to be sued because of the soundwaves that pass through your ears, freedom to be sued by denziens of a faceless 'evil' corperation who cannot, and will not be stopped. When will too much really be too much? Read the following and you can decide for yourself.
Story link apr 4th
"...the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements.” That basicly sums up this article in a nutshell. The Riaa is so hellbent on collecting money that they told this MIT (a very prestigious Technology school In Cambridge Ma.) that she should drop out, or go to community college to repay her debt to the Riaa. When i read this I was at a loss for words... I still am, and for those of you who know me.... thats rare.
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Back in February there was a form submitted by the Riaa that basicly said that 'format / phase shifting' your media was infringing on the artists rights (aka ripping a cd to your Mp3 player). They also flip flopped on their established '1 personal copy' for a CD and said that in 'certain circumstances' that infringes on the artists rights. It truly amazes me that one organization could throw a net wide enough to catch basically anyone for any / no reason. Soon enough we will see legislation limiting the number of times we can listen to media that we have rightfully purchased / downloaded. This article is undoubtedly worth a read.
Story link
One of the more amusing stories that i have seen in the past year is chronicled in the article above. For the mere cost of 19$usd a year (140 sek) you can buy 'Riaa lawsuit insurance' In the event that the Riaa ever sues you they cover the entirety of the cost of the settlement, as well as sending you a cool 'i got sued by the Riaa T-Shirt'. As funny as it sounds.... Is it not sad that such a thing can exist? Music lawsuit protection....
Story Link
Back in July the Riaa Lost a case against a woman by the name of 'Debbie Foster', after the Riaa sued her for illeagel downloads they later dropped the case against her when her attorney demanded the specifics of the case. The case was decided in her favor and she was awarded attorney fee's (though the Riaa fought this) because the judge said 'because this Court finds that the plaintiffs' voluntary dismissal with prejudice services as a complete adjudication of the issues set forth in their complaint and acts as a bar to further action on their claims, the court concludes the matter has been finally adjudicated in the defendant's favor... [which] represents a judicially sanctioned material alteration in the legal relationship between Deborah Foster and the plaintiffs. Ms. Foster is therefore the prevailing party for purposes of the Copyright Act'. I find this to be significant because it just shows how full of ^%&$ the Riaa is, when they get asked for proof they will back down.
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This is another clear case of the Riaa being fought against by an everyday Joe...errr ....Jill. The Riaa sued her for Illegal downloading and distribution of copywritten material, she filed a counterclaim comparing the methods of attaining and presenting the case to the likes of extortion. The Riaa dropped the case the following day and it caused a pretty big media blitz. Once again proving that when you stand up to a bully they back down
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Less then a week ago The Riaa (in cooperation with EMI, Sony BMG, Universal Music, and Warner Music) decided to sue the russian website allofmp3.com. Allofmp3.com being the best know music 'sale' site out of russia (also note: in full compliance with Russian copyright laws) is being sued for a cumulative sum of 1.65 trillion dollars, or 150,000$(usd) for each of its 11million downloads between august and October 2006. Major credit card providers Have joined in with the Riaa and are preventing U.S. based customers from purchasing music from this site (which violates MANY cardholder agreements, check yours for further clarification). Mind you when you put this lawsuit next to German war debts circa 1920 (+ rate of inflation to match modern day) it would be roughly 10 times as much.... thus the atrocities of these Russian music 'pirates' is 10 times worse then Germany's war debts post WW1. Makes perfect sense to me. Next time i see a starving music artist, I'll let you know.
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This February the Mpaa / Riaa announced lawsuits against multiple torrent indexing sites, amongst them Torrentspy, Torrentbox and Isohunt (google them) and all 3 of them have decided to fight back saying that their sites have other uses then the clandestine ones that the Mpaa / Riaa are suing over. They also argue that the lawsuits are casting a VERY wide net in hopes to catch them committing a crime, a response from an attorney stated: "Everything alleged about defendants’ website (Torrentspy) is true about Google, and even more so, because Google outperforms the allegations in the complaint. Plaintiffs’ (MPAA) factually empty and broadbrush categorical accusations are like mud that covers all distinctions,". Upon reading this, one can see that the Mpaa have entered into a fight that will not be easily won or settled. My personal prediction is that you will see this case dropped very soon.
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Also quoted in the article above, the Riaa/Mpaa have decided it was a good idea to have the creator / owner of thepiratebay.org stalked. The pirate bay (herein known as TPB) was illeagally shut down by the Riaa / Mpaa earlier this year. The website was down for a matter of a week and it was found (int the favor of TPB) that he was not in violation of ANY Swedish copyright laws (the 'made available' clause that is prominantly used against US based torrent sites is not included in the law over there). After he got his site back up and running he found himself being followed and stalked by a private eye. Amazingly enough this is 'allowed' and aknowledged by the Mpaa.... Movie sharing makes stalking okay....
Story link
At the beginning of this month the Mpaa did something that was nearly unspeakably 'shady'... they blocked a law from being passed because it would intercede with their ability to 'collect evidence' for file sharing cases. Amazingly enough the rights of the Movie association were favored over the rights of the people and the law did not pass. Have things gone too far when laws that protect people don't get passed because a organization of people reserve the right to stalk and obtain information through clandestine means? Stop buying DVD's and start supporting the uprising.
In closing... After a long winded 3 hours of typing (with some assistance proofreading from a student at a leading english university) I want to leave the conclusion of this up to you. I want you to tell me how and why this is okay or not okay. My personal spin on all of this is as follows: In the land of the free we have a group of renegades... a Mass media militia that is acting as a puppeteer... its strings are firmly attached to congress, the house, judges, and even local law enforcement. How can anyone protect themselves from someone who is above the law, from a group of people above blame; the answer, in short, you can't. The only way to stop this (pardon my language) Fucking Bullshit is to stop it at the source. send letters to your local selectmen and other members of congress. Stop buying Cd's and Dvd's and listen to internet radio (pandora.com or winamp's shoutcast are both great legal ways to listen to all sorts of music). Youtube is a great way to lay off the dvd's, as is atomfilms, animeepisodes, and Gh.ffshrine.org . In closing, The Riaa / Mpaa have gone too far: On new years day I'm vowing NOT to go to the movies or to buy a commercial CD from any major distributer in 2007. I ask that you do the same.
Xero, and CCP.
Articles cited / quoted:
Mit.edu
Eff.org
Boing-boing
Arstechnica
Riaa Vs people
CybernetNews
Torrent Freak
Tech Dirt
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