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25 new of 154 responses total.
other
response 39 of 154: Mark Unseen   Apr 14 16:46 UTC 2003

I hope all his colleagues follow suit, until there is not a domestic producer
of quality products left, if that's what it takes to drive home the utter
idiocy of this kind of legislation.
jep
response 40 of 154: Mark Unseen   Apr 14 17:21 UTC 2003

resp:38: It looks like posturing to me.
jmsaul
response 41 of 154: Mark Unseen   Apr 15 17:56 UTC 2003

It may be in part -- he's one of Peter Honeyman's grad students, and they're
all very aware of the political issues -- but he's got a genuine point behind
it.  The Michigan "Super DMCA" is way, way too broad.  It needs to be
drastically limited, or knocked down.
gull
response 42 of 154: Mark Unseen   Apr 15 17:59 UTC 2003

And given the big money at stake in some of these cases, I wouldn't risk it
either.
jep
response 43 of 154: Mark Unseen   Apr 18 04:08 UTC 2003

I agree the law is horrid.  I wouldn't think there's much chance it'll 
survive a court challenge.  Pass on the chance to make political 
comments... is there really any chance this law is going to be used in 
any way at all?
jep
response 44 of 154: Mark Unseen   Apr 18 04:09 UTC 2003

(I have blithely re-connected my home network, and am not worried at 
all that I'll be prosecuted for doing so.)
mcnally
response 45 of 154: Mark Unseen   Apr 18 05:37 UTC 2003

  I agree that the law is a bad one, but I'm not particularly convinced
  that it will be struck down.

  But then I'm generally dismayed by the "sure it sucks, but it'll never
  make it past the courts" attitude that many have when deciding what to
  do about these laws.  Putting the responsibility on the courts, rather
  than the legislature, give grandstanding legislators a free pass even
  when the pass profoundly consumer-unfriendly laws.  Do I hope the courts
  will overturn stuff like this?  Of course I do, but it should *never*
  have been passed in the first place and it's important to remember that
  when you vote..
polygon
response 46 of 154: Mark Unseen   Apr 18 06:58 UTC 2003

Repeat after me: "Just because it's a bad idea doesn't mean it's
unconstitutional."

Strongly, strongly agreed with #45.
other
response 47 of 154: Mark Unseen   Apr 18 11:00 UTC 2003

You're preaching to the choir.
gull
response 48 of 154: Mark Unseen   Apr 18 13:31 UTC 2003

I don't think it's likely to be used on its own.  I could easily imagine
it being used as a threat to make people cooperate with investigations,
or to extract deals, though.
orinoco
response 49 of 154: Mark Unseen   Apr 20 02:57 UTC 2003

Re#40:  It doesn't seem like posturing to me, quite; it just seems like a very
easy and mostly meaningless gesture.  Judging from the article, he's just
moved some files from one server to another.  
dbratman
response 50 of 154: Mark Unseen   Apr 21 07:30 UTC 2003

Good review currently on Salon, of Menn's book on Napster, arguing that 
internal executive incompetence, more than anything else, brought 
Napster low.
gull
response 51 of 154: Mark Unseen   Apr 21 15:36 UTC 2003

http://www.theregister.co.uk/content/6/30337.html

The U.S. Department of Justice has come in on the RIAA's side in their
case against Verizon. 

"RIAA lawyers are arguing that a simple subpoena obtained from a court
clerk, which any fool can file against anyone suspected of copyright
violation, should afford adequate protection of due process, as the
dreaded Digital Millennium Copyright Act (DMCA) provides.

"A district court ruled in favor of the RIAA in January; Verizon
appealed the decision, and asks that the suspect's name not be revealed
until the matter is decided. The RIAA, on the other hand, would like to
get on with the business of persecuting the alleged malefactor as soon
as possible.

"Raising the Constitutional issues gave the civil-rights fanatics in
Ashcroft's DoJ an opportunity to weigh in. They argue that due process
is indeed safe, for they can find nothing in the Constitution expressly
forbidding searches and seizures on the basis of quick-and-dirty,
self-service subpoenas."
krj
response 52 of 154: Mark Unseen   Apr 28 04:55 UTC 2003

Widely reported:  The Federal trial court judge has thrown out "most"
of the RIAA and MPAA lawsuit against Streamcast, the parent of Morpheus,
and Grokster.   In gross oversimplification, the judge compared these
file swapping programs to VCRs and applied the Betamax precedent, which
held that a technology could not be banned if it had substantial 
non-infringing uses.  This is probably the biggest loss the copyright
industry has had, in the USA, in the file-swapping wars.
 
The judge did leave the way clear for the copyright industry to pursue
infringement claims against individual users of these systems.
 
Here's one story from Cnet, and most news sources on the net have 
similar stories.
 
http://news.com.com/2100-1027-998363.html?tag=fd_lede1_hed
krj
response 53 of 154: Mark Unseen   May 1 18:56 UTC 2003

The RIAA's latest Napster lawsuit is against the venture capitalistss
who funded Napster.
 
http://www.usatoday.com/tech/news/2003-04-30-lawsuit-venture-capitalists_x.
htm
 
"The music industry's latest legal assault would push the boundaries of 
 blame by holding investors liable for the actions of a company and its
 management....  If the music labels prevail, 'it could destroy the 
 whole venture capital industry,' said J. William Gurley, a general 
 partner at Benchmark Capital in Menlo Park."
 
The idea that an investor's losses are limited to the amount of the
investment is pretty fundamental to the working of western-style 
capitalism.   The record industry's attack on this bedrock principle
should produce some interesting reactions.   In this case, the 
record industry is asking for the statutory $150,000 per song, so 
the damages would likely exceed the $95 billion sought in the 
Michigan Tech case -- possibly by orders of magnitude.
mdw
response 54 of 154: Mark Unseen   May 1 23:32 UTC 2003

Well, they might be able to do this if they can show the investors
"knowingly" invested in a criminal enterprise.  But I think RIAA is
going to work itself down to the NRA level of credibility if they pursue
such a case.  I suppose they still have a ways to go; the "Moral
Majority" is definitely an even lower tier.
jazz
response 55 of 154: Mark Unseen   May 2 02:42 UTC 2003

        Wait.  Even if they do, that means Bush can be sued for his Enron
investments ... awesome.  Okay, well, I know that wouldn't really work out,
but it's a great thought.
gull
response 56 of 154: Mark Unseen   May 2 13:54 UTC 2003

According to this story: http://www.theregister.co.uk/content/6/30522.html
the RIAA has offered a settlement in the college student cases.  The tab
comes to $12,000 for one of the students, $15,000 for two of them, and
$17,500 for the last.  The money would be paid in installments over the
next three years.  It wasn't entirely clear to me from the story whether
the settlement had been accepted or not, but given the fines that
*could* be imposed on the students if they lose their cases I imagine
they'll probably take it.
orinoco
response 57 of 154: Mark Unseen   May 2 16:57 UTC 2003

This morning's NY Times made it sound like the students had accepted the
settlement.  
goose
response 58 of 154: Mark Unseen   May 2 18:30 UTC 2003

That's too bad.
krj
response 59 of 154: Mark Unseen   May 4 17:48 UTC 2003

The New York Times carries an incindiary article in Sunday's editions:
 
http://www.nytimes.com/2003/05/04/business/04MUSI.html

"Software Bullet Is Sought to Kill Musical Piracy"

Or, as Slashdot titled it:  "RIAA Plans Cyberwar Effort"
 
    "Some of the world's biggest record companies, facing rampant
     online piracy, are quietly financing the development and testing 
     of software programs that would sabotage the computer and 
     Internet connections of people who download pirated music, according
     to industry executives."
     ...

    "The covert campaign, parts of which may never be carried out because
     they could be illegal under state and federal wiretap laws, is being
     developed and tested by a cadre of small technology companies, the 
     executives said." 

((Isn't the planning itself a criminal conspiracy?))

Techniques discussed include forcing PCs to lock themselves, deleting
user files, and denial-of-service network attacks.

The story is probably a leak from a record industry source who thinks
this program is a really, really bad idea.
jor
response 60 of 154: Mark Unseen   May 4 20:58 UTC 2003

        but velly velly interesting
jep
response 61 of 154: Mark Unseen   May 6 00:10 UTC 2003

I think it was an article about KaZaa, a month ago, which got me to try 
it.  Pretty interesting WWW site, there.  I think I can find just about 
anything I'd want.  Any software package (including operating systems), 
any song (except they didn't have any "Katie Geddes and the Usual 
Suspects" when I looked); I haven't looked for movies but I imagine 
they're out there, too.  I really hadn't realized how easy it is to 
pirate stuff.

KaZaa gives you points for letting other people download stuff from 
your computer.  Is that how the kids at those colleges got into 
trouble, or were they actively going out and selling pirated stuff?  
The articles I've seen have been very vague about what they did.
jep
response 62 of 154: Mark Unseen   May 6 00:14 UTC 2003

Hah!

The student at MTU, Joe Nievelt, admitted no wrongdoing but agreed to 
pay $12,000 anyway.

So, to find out what he did, I googled his name.  The #1 hit:

http://www.admin.mtu.edu/urel/breaking/2002/codewin.html
HOUGHTON--Michigan Tech undergraduate Joe Nievelt finished in the money 
last weekend at the 2002 Sun Microsystems and TopCoder Collegiate 
Challenge, held April 19-20 at MIT.

The computer science sophomore took home $5,000 of the $150,000 purse 
for his fourth-place finish in his first visit to the national computer-
code-writing contest. The competition began in February, with hundreds 
of college contestants participating at the regional level.
jep
response 63 of 154: Mark Unseen   May 6 00:15 UTC 2003

According to Wired:

http://www.wired.com/news/digiwood/0,1412,58351,00.html

The students allegedly set up sites using the programs Flatlan, Phynd 
or Direct Connect, that, like the now-defunct Napster, indexed and 
executed searches for copyrighted songs on the closed networks. The 
RIAA charges that one network operator distributed 27,000 music files, 
while the other three students ran networks offering 500,000 music 
files, 650,000 files and over 1 million files. 
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