molly.com
Friday 19 December 2003
appeals court says back off, RIAA
A federal court of appeals ruled today that the RIAA and other recording industry reps cannot force ISPs to identify those subscribers who swap music online.
This is a nice kick in the crotch to the RIAA, who has been on an anti-piracy compaign with a vengeance for the past months.
Senator Norm Coleman (R-Minn) had this quotable quote to share:
“We clearly have to do a better job of getting law and technology and ethics into better sync . . . ”
Clearly.
Filed under: policies
Posted by: site admin | 1:15 am |
December 20th, 2003 at 7:10 am
I know I’d love to kick riaa in the *****!
December 20th, 2003 at 9:23 am
I agree with the ruling.
However, by a different token and as a musician and composer, is it OK to share your books and articles freely with my friends online? Or would that be piracy as it interferes with your copyrights and living wages?
Color me curious.
December 20th, 2003 at 9:27 am
One wonders whether or not, with this court ruling, that current recipients of the RIAA’s wrath could get their cases thrown out since a court has ruled that forcing an ISP to reveal their client info is unlawful.
That makes the personal information they used to sue these folks inadmissible, doesn’t it?
December 20th, 2003 at 10:34 am
Sadly, this ruling is not much of a kick in the crotch at all. The court simply found that the DMCA subpoena provisions that the RIAA was trying to apply in these cases could not be applied the way the DMCA is written. That is, the law was not written to account for this situation and it’s not the job of the courts to rewrite laws.
The RIAA can (and in all likelihood will) still sue individual users, but now they’ll have to file their suits against John Doe defendants and subpoena their identities as part of the lawsuit. The only possible benefit from this ruling is that the RIAA might be a little more hesitant to bring suit against unknown individuals who could turn out to be children or senior citizens to save themselves more bad press, but I wouldn’t hold my breath.
January 5th, 2004 at 7:41 am
The RIAA is failing to make friends…
I have worked in the IT sector since 1989. I am not certain about technology prior to that time, but it appears to me, that for every “security” put in place to “protect” music have failed. I used to record songs off the radio onto my cassette player. They were poor quality - but I did it nonetheless. At swap meets, I would buy bootlegged tapes for half price. I still feel strongly that the musicians themselves need to be compensated for their great works - but the RIAA “skims” a little too much off the top. Pay the musicians - not the RIAA. A CD is mass produced at around 12 cents per unit, depending on graphical complexity silk-screened on top, and other packaging considerations (if you get it without a logo, in a paper sleeve, it should cost less than 20 cents). For years I have given my 12 cents to the musicians, and the remaining $24.95 to the RIAA. If the RIAA is to survive the coming years - they had better change the way they interface with their biggest client (the consumers). Starting out with a bunch of serious lawsuits while maintaining the grotesquely inflated prices of music CD’s is not going to win me over - how about you?
February 20th, 2004 at 8:45 am
The people who suffers from online music swapping are the authors… as a user, I enjoy free music exchange
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