RIAA told to go fish from Circuit Court of Appeals

I just posted the article RIAA told to go fish from Circuit Court of Appeals.

 DamnedIfIknow used our news submit to tell us "They"re not gonna stop suing people? What a suprise!"          Justice has prevailed as  legal logic  has sided...
Read the full article here:  [http://www.cdfreaks.com/news/9689-RIAA-told-to-go-fish-from-Circuit-Court-of-Appeals.html](http://www.cdfreaks.com/news/9689-RIAA-told-to-go-fish-from-Circuit-Court-of-Appeals.html)

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Please note that the reactions from the complete site will be synched below.

Well…inch by inch…but I like where it’s headed. Frankly, the two assenting judges should have turned the third judge on his/her head and removed the corporate hand from his/her arse…:X

Well, if you looked hard enough in Diana E. Murphy’s briefcase, you might find a couple of thousand dollars stashed somewhere…Guess whose the money is from? :B
[edited by icepax on 06.01.2005 09:50]
[edited by icepax on 06.01.2005 09:52]

Inch by inch, yes and that is indeed a good thing. Unfortunately, you’ll find that it’s a lot harder and takes a lot longer to get back rights and freedoms that should never have been ceded in the first place but were given away in the blink of an eye. Just wait until you start wising up to your Patriot Act… Perhaps 2005 is the year that the tide turns in the US and the people start realizing what was lost and actually start taking it back.
[edited by Roj on 06.01.2005 12:34]

Well Roj I don’t live there but I firmly believe when america farts everyone else cops the stink…:X

I think that the RIAA must go after the dot com’s that provide the venue for people to essentially steal online what they would buy in a store if they had more integrity–a cd is a cd, whether it is for sale in a store or online. Piracy is piracy, whether one is a child, an adult, or a senior adult. Doesn’t matter. Where the RIAA errs, I think, is in not going after those who strategized profit from the file sharing piracy, and even in supporting those dealers in streaming who make money on subscriptions and allow unlimited streaming to happen online under the twist of legal verbiage—Napster, Rhapsody, etc. not any better than Kazaa. Musicians are being ripped off, and done in the privacy of some one’s home is a rip off just as much as doing it in the store. You think you should be able to hide all manner of crime just because it’s done in your home? The venues for piracy–file sharing being a nice term for grand theft-- not only profit, from, but encourage this kind of criminal behavior and create a convenient forum for it–their own market place where subscriptions are for sale and the merchandise black marketed–no integrity, no more sense, and no end in sight on these profiteering websites. How is the legal community, having proven itself corrupt as well and in so many ways, going to meet this challenge? Why are people afraid of loss of privacy and rights? Because the law and its enforcers have proven themselves corrupt as well. The only solution for musicians tired of being ripped off is to copy protect, copy protect, copy protect, because so many music lovers have proven that they are thieves who want to make their actions online more politically correct and euphemistic and use the twisted terms “legal” filesharing instead. Be honest with yourselves. A thief online is no different from a thief in the store, except s/he can claim “sanctuary” under human rights laws, laws that need to be changed quickly. :frowning:

@ EmmaWon : Very well put points, but I think your missing the mark slightly. The common consensus is that most people who download music or movies do it because i. They want to see if it is worth buying or visiting the movies for. ii. They want one particular track from an album, but won’t (mostly out of principle) pay for another 10 tracks they don’t like. For music there are now hundreds of sites you can get music from, but not everything, only what the record companies let them release. Even then sites like iTunes have protection on them so you can’t transfer it onto any MP3 player you choose. For movie buffs there is no choice apart from the movie trailer sites (and lets face it anyone can make a 2 hour movie look good if you edit it down to 90 seconds) :p. Most major pirates that make a fortune and seriously dent companies profits operating today don’t run sites giving you the files (or links to them) they make CD’s and DVD’s and trade on the street. This is where the real problem lies and It’s a problem that only the police are interested in. The MPAA, RIAA and all their international bodies are not interested in capturing these as it takes too much time and money, and judges will (only) send them to jail with large sentences, so these bodies don’t get any money out of them at all. All they want to do is sue average people who will be so scared of them they settle out of court as soon as possible. Its legal blackmail at it’s worst and more and more people are becoming more uncomfortable with what they do every day. Someday they will piss off the wrong people and will either disappear under the rock they crawled out from or have to do a total image change. Unfortunately for all of us I think that is still a long way off……

That’s good news. Long live freedom of choice.

It’s important to keep this in mind. The RIAA could care less about protecting Intellectual Property. They want only one thing and that is to control music globally. The RIAA cares nothing about the creativity of artists. Where are they getting all of the money to file all of the lawsuits? They got that money by stealing from you and me. How did they do that? They overcharged us for CD’s, pre recorded cassettes, vinyl disks, etc. They are nothing more than predators.

My beef about the whole thing is, you cannot risk a defense. The fine of 150,000 a track is to harsh a fee for an MP3 or other lossy codec. I feel that a NEW law should be written for online trading (without profit) that say carried a fine of 500 for first offense. 1000 for the second etc. The way it is now, you can’t even risk a defense, if you lose there is no telling what you will owe. It has been proven though, by those that have had the guts to fight, that mistakes are made. For instance I remember an 80 year old lady that had a Mac and was accused of trading Rap on a windows program. She won. Of course i would rather it was just legalised as it seems to do no harm. But if not, lets get realistic with the punishment.
[edited by Crabbyappleton on 07.01.2005 04:33]

Emmawon…methinks you are an advocate of the "kill them all, let god sort them out " approach. While it may be pithy, let me say I cannot remember ever seeing a successful musician in a dole queue…now here lets just qualify what a “successful” musician is, obviously one who sells a lot of records, how?, by the tactics of graft, corruption and coercion practised openly by record companies AND the RIAA to get airplay for the songs. THIS is theft, it is a theft of choice, OUR choice. Todays kids could not distinguish good music from bad, but they do know what is “kewl” from the shit they are fed through forced airplay and advertisment. Recording companies have long been guilty of price fixing and until fines become prohibitive they will continue to do so…they are guilty of theft of monies from me, the consumer. Allowing jokes like spears and her ilk to purpetrate makes them guilty of extremely poor taste. you reap what you sow Do I condone piracy…no…BUT I will fight for my rights…my right to backup…my right to listen to good music…my right to purchase good music at a fair price…:X

I wish all those that bring ‘god’ into things would go die in a corner - utter bullshit invented by man and used to justify everything - where is God or Allah or anyone else when 100,000’s of people and children die - still they pray to god - fools. In response to EmmaWon - a cd is a cd whether bought or downloaded - bullocks - you can pay more for d/l an album legally than buying it in a shop - it has worse quality, costs you for the internet connection and charges and the medium to burn it (and burner). Go preach to the other numb-nuts in society. The best thing the world and governments the world-over can do - is to get rid of religious and righteous nuts, stop ruling peoples lives on bullshit. I am not condone-ing piracy by any means - but the public/artists get ripeed off by big corporations - strange they are not in prison for legalised extortion.

EmmaWon missed the point. Laws won’t stamp out piracy. Lawsuits won’t stamp out piracy. Copy protection sure won’t do it - that’s throwing good money after bad in a display of stupidity that makes the Darwin Awards pale in comparison. So what will? Fair treatment by the greedy monopoly known as the recording industry will alleviate piracy (nothing will ever stamp it out) to a large degree. I’ve said it many times and I’ll say it again. “Lower your prices to something reasonable. $10CDN for a new CD. $15CDN for a new movie. $0.50 for a lossy song online. Let customers mix and match songs from albums on custom CDs. Stop sending one-hit-wonder albums to stores - they’re a rip-off. If your current way of doing business does not allow you to make a profit by doing these things (and a grandiose lie that would be) then change your method of doing business. If you don’t, your fate is already sealed because this is and always will be MUCH bigger than you. Remember who you’re there to serve and the sole reason for your existance: your customers.” I won’t even bother getting into a discussion on Courtney Love’s rather damning description of the record companies vis a vis the artists who that poster is so bent on protecting. Suffice it to say that she called it as she saw it as a musician and no amount of lofty moralistic rhetoric has managed to change THAT any more than it will change things regarding piracy. Some of the most successful businesses over the long term have been built on the premise of “give a little to get a little”. Take a lesson.

Well first off I’d like to say that I’ve read some very well thought out points here. That just proves intellectuals are on our side as well. My question is…do we not know any smart lawyers. Do we not elect our government. Our society is way to layed back to win this bogus war on piracy. The point has already been made that if they wanted to stop this for real, they would go after real pirates. We can’t win by posting on a forum 3 times a week. I know i don’t have what it takes, but someone has to have the right knowledge for this. We need to stop being scapegoats and start being fighters of freedom(and no piracy is not freedom). Freedom is a fair trial, actual lawful arrests and convictions, and essentially the ability to protect ourselves from what seems to be capitalism at its finist. These people get our money both ways. I absolutely hate any music around these days. Havent bought a cd in like 7 years probably. But I can be arrested and fined for grabbing a crappy version of a barely decent song that will play on a shitty radio station repeatedly anyway. Whos fault is that really. It all boils down to what America started as…democracy. I myself do not have the right to vote(that is a whole other discussion of bullshit laws and practices…i guess if u make a mistake when ur 18 your too stupid to vote when ur 25). This is bigger than any damn abortion clinic, any gay marriages, or any of that other bullshit that deals with religion more than government anyway. There is not one person in the world who has not infringed on a copyright in one way or another. So if your the one pointing the finger and telling me you told me so…what keeps u safe when we are all taken down. They have to make that money somewhere. Stick that in your pipes you self rightous sobs.

@baddassng - Thinking about this old song lyric By Alvin Lee all week. I’d love to change the world, but I don’t know what to do. So I’ll leave it up to you… Ten Years After A Space in Time