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25 new of 154 responses total.
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. 
ea
response 64 of 154: Mark Unseen   May 6 03:06 UTC 2003

re #61 - I haven't had any luck finding Katie Geddes either, nor George 
Bedard and the Kingpins ... I did manage to find some songs by Big Dave 
& the Ultrasonics once
krj
response 65 of 154: Mark Unseen   May 6 05:31 UTC 2003

John, you quote the Wired article:  "The RIAA charges that one network
operator distributed 27,000 music files...."    If you run an index
of files available through Microsoft file sharing on your local
network, are you thus "distributing" those files?
krj
response 66 of 154: Mark Unseen   May 6 21:16 UTC 2003

Here's an ideological perspective on the filesharing wars:
 
http://www.nationalreview.com/comment/comment-miller050603.asp

The author believes that intellectual property rights must be protected
and he raises the spectre of Communism.
jep
response 67 of 154: Mark Unseen   May 7 03:24 UTC 2003

re resp:65: I haven't asserted anything, one way or the other.  I have 
tried to find out if any of those 4 college students were making money 
from what they're doing.  There's not much information about that, it 
seems.

There's really not much information at all.
krj
response 68 of 154: Mark Unseen   May 7 05:37 UTC 2003

More followup on JEP's resp:63:   
 
I thought I'd find some stuff on the Phynd, Flatlan and Direct Connect
indexing programs on Google.    The Phynd sites are gone, 
though Google still has a cache of them.

The Flatlan site appears to have been seized by the RIAA.
It now contains the text:
   "this site is no longer available.  for more information on 
    respecting creativity, the copyright laws, and how to get 
    music legally go to http://www.musicunited.org"
                        (which is a record industry project) 
 
The U.Maryland campus paper ran a story on Phynd about a year ago:
http://www.inform.umd.edu/News/Diamondback/archives/2002/04/30/news9.html

Direct Connect's site is still up at http://www.neo-modus.com
gull
response 69 of 154: Mark Unseen   May 7 13:21 UTC 2003

Re #66: That's an interesting perspective, but I think it misses the
point that the record lables drove people to this, in some ways.  If you
look at the file sharing networks, they started out as hard to use and
they've only sort of gotten easier.  They're still only at all feasible
if you're on broadband, and even then getting what you want is usually
pretty painful.  Yes, some people will always use them because they're
free, but I think a lot of people use them just because there's no
reasonable alternative.

If the record labels would stop being so stubborn about hanging on to
their current distribution method of selling overpriced CDs and set up a
credible online service, I think people would flock to it.  To be
credible, it would have to contain all of their catalog, or at least a
large part of it, including "out of print works"; it would have to allow
purchase of individual songs for a reasonable fee; and it would have to
avoid using DRM schemes that prevent people from exercising their fair
use rights.

If I could get any music I wanted for, say, $0.99 per song, I'd never
touch WinMX again.
jep
response 70 of 154: Mark Unseen   May 7 19:31 UTC 2003

"The record labels drove people to this."  I'm afraid that seems to me 
like nonsense.  What it really comes down to, is that it's cheaper and 
more convenient for people to download music from Kazaa than to buy 
it.  As long as it's either cheaper, or more convenient, some people 
aren't going to pay.

If it were cheaper and more convenient to steal Oldsmobiles, then 
people would do that.  They'd justify it by saying that cars are too 
expensive, and car manufacturers ought to change the way they sell 
them, and anyway, "everyone else is doing it".

I'm not pointing any fingers.  As I said earlier, I've become very much 
fascinated by Kazaa over the past few weeks.  I've downloaded much 
music, and much software.  I wouldn't have bought any of it.  I can say 
I'm not costing anyone any money.

In two or three cases, I expect to go and find what I've downloaded and 
buy it, and without Kazaa I wouldn't have done so.  I can even say 
Kazaa has made money for some of the people who produced what I've 
downloaded.  It doesn't have anything to do with it at all.  Someone 
produced some stuff for money, I obtained it without paying for it and 
without the consent of those who own the rights to it.  

Who knows?  Maybe if I took a Mustang for a few weeks, I'd buy one of 
those.  It's no justification.  It's no justification, even if I think 
Mustangs are overpriced, or badly distributed.
gull
response 71 of 154: Mark Unseen   May 7 20:44 UTC 2003

I'm not saying it justifies it, but that the stubbornness of the record
companies in sticking to an outmoded way of distributing music is part of
the problem.  I'm genuinely frustrated that I have to resort to pirating
music because the record labels won't sell me some of what I want.  Trying
to make a profit off inetellectual property is one thing, but hoarding it
and refusing to produce legitimate copies is another.
anderyn
response 72 of 154: Mark Unseen   May 7 21:11 UTC 2003

The problem is that I can buy music, and do. But what happens when I only want
one song? If they still sold singles, I would buy those. I have piles of 45
records because I only wanted one song. I even have some cd/cassette singles
in my collection because I wanted one song. But why should I buy a whole Tina
Turner album just to get her version of "We don't need another hero" (which
is unavailable, actually, on any of the albums I've seen for sale, and that's
another problem... if the record company doesn't HAVE the album in print, even
if I wanted to buy it, how can I find a copy?)
anderyn
response 73 of 154: Mark Unseen   May 7 21:14 UTC 2003

So while I can't actually download songs (my computer at work, which has the
T1 connection, is firewalled so it's impossible to do that/my home computer
is far far too slow to make it viable), I would LIKE to. 
jmsaul
response 74 of 154: Mark Unseen   May 7 21:22 UTC 2003

Part of the problem is that it's very easy to justify illegal copying, when
the people you're hurting are really really big companies that sell a
massively overpriced product and give a tiny percentage of the revenue to the
artists.  The record companies suck.  They're not sympathetic victims.  Hell,
Microsoft is more sympathetic, because at least they treat their employees
well.
bru
response 75 of 154: Mark Unseen   May 8 01:40 UTC 2003

Technology changes, and the music industry needs to change with it.  I would
also think some individual artists would start selling their music online.
jmsaul
response 76 of 154: Mark Unseen   May 8 01:50 UTC 2003

They have been, actually.
jazz
response 77 of 154: Mark Unseen   May 8 03:18 UTC 2003

        ... or giving it away, which they do too.  In fact, several smaller
bands that I know of have given away all of their recorded material for
free, and some bigger artists have made internet-only albums which are also
free.
anderyn
response 78 of 154: Mark Unseen   May 8 16:15 UTC 2003

I have gotten artist-only things online (Dougie Maclean had some neat
recordings of in-concert songs, but only did it the once, as far as I know),
and of course, mp3.com has some nice things too. 
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