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25 new of 163 responses total.
polytarp
response 45 of 163: Mark Unseen   Jan 18 15:31 UTC 2003

I support removing all copyright  BULL SHIT!

SUPPORT NAPSTER & CRONIES ET AL.
gull
response 46 of 163: Mark Unseen   Jan 18 20:03 UTC 2003

The trend seems to be towards encrypting content so that even once it
has fallen into public domain, actually copying it will be either
illegal or impossible.
gull
response 47 of 163: Mark Unseen   Jan 19 00:50 UTC 2003

Music Exec: ISPs Must Pay Up for Music-Swapping
http://story.news.yahoo.com/news?tmpl=story&ncid=582&e=3&cid=582&u=/nm/2003
0118/
wr_nm/tech_internet_music_dc

The RIAA is pushing for a fee to be imposed on ISPs to compensate record
companies for music piracy.  They may actually get it -- after all, they
successfully got fees on blank cassettes and audio CD blanks.

I think this is stupid, but I didn't really think that ISPs would get
away forever with using music file swapping as a selling point for
broadband.
gull
response 48 of 163: Mark Unseen   Jan 19 01:56 UTC 2003

Here's another weird DMCA suit, from the latest RISKS digest:

Date: Wed, 15 Jan 2003 18:48:21 -0800
Subject: DMCA v garage door openers
>From: Fred von Lohmann EFF <fred@eff.org>
To: Declan McCullagh <declan@well.com>

In the latest bit of DMCA lunacy, copyright guru David Nimmer turned me
onto a case that his firm is defending, where a garage door opener
company (The Chamberlain Group) has leveled a DMCA claim (among other
claims) against the maker of universal garage door remotes (Skylink). 
Yet another case where the anti-circumvention provisions of the DMCA are
being used to impede legitimate competition, similar to the Lexmark
case. Not, I think, what Congress had in mind when enacting the DMCA.

The Complaint:
http://www.eff.org/IP/DMCA/20030113_chamberlain_v_skylink_complaint.pdf

The Amended Complaint:
http://www.eff.org/IP/DMCA/20030114_chamberlain_v_skylink_amd_complaint.pdf

The Summary Judgment Motion:
http://www.eff.org/IP/DMCA/20030113_chamerlain_v_skylink_motion.pdf

Attorneys for Skylink are (both at the Orange County offices of Irell
& Manella, a large law firm):
  "Nobles, Kimberley" <KNobles@irell.com>
  "Greene, Andra" <AGreene@irell.com>

Fred von Lohmann, Senior Intellectual Property Attorney,
Electronic Frontier Foundation fred@eff.org  +1 (415) 436-9333 x123
polytarp
response 49 of 163: Mark Unseen   Jan 19 02:07 UTC 2003

fag.
russ
response 50 of 163: Mark Unseen   Jan 19 02:21 UTC 2003

Copying the content assumes that the media have survived long
enough for the material to become public-domain.  For CDs and DVDs,
this is very iffy.
polytarp
response 51 of 163: Mark Unseen   Jan 19 02:23 UTC 2003

fag.
es87
response 52 of 163: Mark Unseen   Jan 19 16:54 UTC 2003

qweer
krj
response 53 of 163: Mark Unseen   Jan 22 03:02 UTC 2003

In one of the music industry's biggest legal wins to date, a federal
judge has ruled that copyright holders can use the expedited subpoena
powers of the Digital Millenium Copyright Act to compel ISPs to 
disclose the subscriber ID associated with a given IP address when
the copyright holder has observed that IP address
offering copyrighted files on a peer-to-peer service, such as Kazaa.
 
No judicial review is required of such expedited subpoenas.

The DMCA procedures clearly applied in cases where the suspected
copyright infringement resided on a web server at the ISP's office;
 
The case turned on whether the DMCA applies to ISPs in their role 
passing through files which resided on subscribers' own computers.

It would appear that, at a minimum, many thousands of P2P users will
shortly be getting direct communications from the RIAA.

This was the "RIAA vs. Verizon" case.

http://www.wired.com/news/digiwood/0,1412,57330,00.html
gull
response 54 of 163: Mark Unseen   Jan 22 14:37 UTC 2003

The prosecution in the Norwegian DeCSS case has decided to seek an
appeal of Jon Johansen's aquittal.

http://online.securityfocus.com/news/2102
krj
response 55 of 163: Mark Unseen   Jan 23 15:36 UTC 2003

resp:53 ::  I want to paste in two quotes about the privacy implications
of the RIAA/Verizon ruling.   The first is from a Washington Post 
online dicussion with intellectual property attorney Megan Gray, who 
filed friend-of-the-court briefs in the case on behalf of the 
Electronic Frontier Foundation and similar groups.  She describes the 
mechanism the court has upheld:

   "The burden of proof ((to get a DMCA subpoena)) is zero.
    All RIAA or any purported copyright holder needs to do is submit
    a signed letter saying  (1)  I am a copyright owner in [insert name
    of copyrighted work];  (2)  The material at [insert description]
    infringes my copyright;  (3) I swear under penalty of perjury
    that the purpose that I am submitting this paper is to get the 
    identity of an alleged infringer and I will use that information
    only to protect my copyrights.   The purported copyright holder
    submits this signed letter to a court clerk -- no judge or lawyer
    at the court reviews this document, ever.  Under the DMCA, the court
    clerk is *required* to approve the letter and issue a subpoena."
 
http://discuss.washingtonpost.com/wp-srv/zforum/03/sp_technews_gray012203.h
tm

Salon runs an AP story which quotes Verizon's counsel Sarah Deutsch:
 
   "The case clearly allows anyone who claims to be a copyright holder
    to make an allegation of copyright infringement to gain complete 
    access to private subscriber information without protections 
    afforded by the courts."

http://www.salon.com/tech/wire/2003/01/21/verizon/index.html
http://www.cdfreaks.com/news2.php3?ID=5565

----------

Recall that this case was not about whether Verizon could be forced to 
disclose the subscriber information; rather it was about whether Verizon
could be forced to disclose it without judicial review.   In the matter
of uncovering the identity of Internet users, Congress and courts have 
now delegated the subpoena power to any private party who wishes to grab it
and is willing to run the trivial legal risk of signing a false statement.
russ
response 56 of 163: Mark Unseen   Jan 24 01:29 UTC 2003

Re #55:  Interesting.  If your records are turned over pursuant to
a subpoena, do you at least get informed so that you can sue?

I can see a new application:  the VPN-tunnel between computers
so that a person can act as an anonymizing proxy for others.
The proxy works for http, P2P services, and a bunch of other
things.  This way, neither the ISP nor the RIAA can know who
the requests are coming from, or where the data are actually
stored; neither a subpoena nor a search following it yields
anything useful, especially if the proxy keeps no logs.

Slashdot today has a story about the imminent collapse of the
record labels.
gull
response 57 of 163: Mark Unseen   Jan 24 14:06 UTC 2003

Re #56: I know there were various groups working on anonymous file
sharing software of some sort, but I haven't heard anything about them
lately.  In the one I vaguely recall hearing about, the design was
distributed in the extreme -- files were spread across systems, and
connections were forwarded around the network so that you couldn't know
where the various chunks had come from.  The on-disk storage was also
encrypted so that any particular user had no way of knowing what files
were stored on thier system.  (Plausible deniability, of a sort.) 
Interesting stuff.
mcnally
response 58 of 163: Mark Unseen   Jan 24 15:58 UTC 2003

  Sounds great from a technical standpoint, but given the current reality
  that mere possession of certain kinds of information (specifically child
  pornography) is a felony with jail time and ruin-your-life potential,
  I'm not so sure that I want to participate in a system where I've got
  "no way of knowing what files [are] stored on [my] system," plausible
  deniability or no..
hash
response 59 of 163: Mark Unseen   Jan 24 19:35 UTC 2003

this may have been mentioned, but I think it's funny that Disney is trying
so hard to keep pushing out the length of copyright, when they've made
billions off of things in the public domain. 
remmers
response 60 of 163: Mark Unseen   Jan 24 21:45 UTC 2003

(I mentioned it in resp:43.  The adjective I used was "disgusting".)
krj
response 61 of 163: Mark Unseen   Jan 25 01:47 UTC 2003

Russ's resp:56 refers to the polemic from Charles C. Mann, who has been 
writing about copyright issues & the music industry at least since 
Napster appeared.  It's the cover story on the dead-tree issue of Wired
for February, and you can now read it at:

http://www.wired.com/wired/archive/11.02/
 
Mann frames his piece with an account of his last chat with Timothy 
White, the editor of Billboard Magazine who died suddenly last year.
According to Mann, White was predicting the collapse of the whole 
music biz.  The article does make the observation that the recording
industry needs friends, lots of them, to tackle each of its big problems,
and it doesn't have many friends -- it is resented by its talent, its 
its customers, its retailers and its co-business people in the hardware 
industry in a way that might be unique.
 
Two amusing quotes:
  "Why, when most industries are using technology to slash costs, is 
   Michael Jackson running up $30 million in studio bills?  Or, rather,
   why is Sony Music letting him?"

  "Ultimately, Timothy ((White)) suggested to me that night, the 
   industry as we know it could vanish not so much because of technology
   but because few people over the age of 30 would care if it did."

---------

Might as well stick in some more dark gloom pieces.  The Boston Herald
runs a piece with a local focus where the music biz complains more about 
CD burners than about online file sharing -- oops, that piece from 
last Friday has gone into the for-pay archive.    Two quotes:

After discussing the widely shared view that most current releases 
aren't very good:  "Or as one major label executive said in a recent
issue of Billboard, 'The storm might pass more quickly if someone 
would make a decent record.'
 
Also:  "One other cultural factor that must be pointed out is the 
decreasing importance of music as the generation-defining cultural
touchstone," followed up with a couple of retailers and students 
offering quotes suggesting that music is not the all-consuming 
passion that it was for many of us 15-25 years ago.
 
---------

And for doom, you can't get much better than Norman Lebrecht, author of 
"Who Killed Classical Music?"  In a November column, Lebrecht kicks 
around the rubble of the classical music recording industry which 
he already thinks is dead.
 
   http://www.scena.org/columns/lebrecht/021127-NL-dilemma.html

Lebrecht points out that in two of the remaining "success" stories
in classical music, the recording artists aren't getting much more 
than beer money.  Naxos, the very successful budget label, pays its
artists a flat $1000 with no further royalties.

And, for the widely reported venture where the London Symphony started
releasing its own discs:  the orchestra divvied up the profits among
the musicians, and each musician made only about 100 UK Pounds ($150)
for all the dozen albums the LSO issued -- that's just a little more 
than US $10 per album recorded.

mcnally
response 62 of 163: Mark Unseen   Jan 25 06:40 UTC 2003

  Ironically, the US $10 / album each musician earned wouldn't even pay
  for them to buy a retail copy of the music they'd performed.
keesan
response 63 of 163: Mark Unseen   Jan 25 19:56 UTC 2003

Couldn't they borrow a copy from a friend and burn a CD from it?
anderyn
response 64 of 163: Mark Unseen   Jan 25 22:40 UTC 2003

Errr, Sindi, that's not the point -- the musicians should have been able to
be paid more for that much work.
tonster
response 65 of 163: Mark Unseen   Jan 26 01:06 UTC 2003

they can be.  the studios and record labels need to be paid much less,
and the RIAA needs to be paid nothing.
gull
response 66 of 163: Mark Unseen   Jan 26 01:18 UTC 2003

Re #58: True.  I wonder, if the file were striped RAID-style across a
bunch of systems, so no one person actually had a useful file by
themselves, if that'd still  be prosecutable.
krj
response 67 of 163: Mark Unseen   Jan 26 07:13 UTC 2003

I think Sindi is making a joke in resp:63.
 
Twila and Tony in resp:64 and resp:65 ::  Lebrecht's argument is that
it  is unclear how the artists *can* get paid any more in "serious"  classical
music recording.  The major labels can no longer make money  off of their
classical artists; the major labels are cancelling the contracts of almost all
their classical artists, except for  a handful of stars like Cecilia Bartoli.  
anderyn
response 68 of 163: Mark Unseen   Jan 27 01:11 UTC 2003

I simply wonder if there's a way for musicians (particularly classical ones)
to be paid what their art is worth without dealing with labels making money.
russ
response 69 of 163: Mark Unseen   Jan 27 03:19 UTC 2003

Re #58:  That would be a reason to run either a proxy node or
a storage node, but not both.  Helping other people hide without
any knowledge of what you're hiding or transferring is unlikely
to do more than make the authorities terribly grumpy; what could
they do?
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