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COURT: RIAA CAN'T HAVE NAMES OF DOWNLOADERS
Drudge Report ^

Posted on 12/19/2003 7:38:57 AM PST by rit

Federal appeals court on Friday rejected efforts by recording industry to compel nation's Internet providers to identify subscribers accused of illegally distributing music online.

(Excerpt) Read more at drudgereport.com ...


TOPICS: Breaking News; Government; News/Current Events; Technical
KEYWORDS: haha; riaa
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1 posted on 12/19/2003 7:38:57 AM PST by rit
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To: rit
Good.
2 posted on 12/19/2003 7:39:31 AM PST by Bikers4Bush (Bush and Co. are quickly convincing me that the Constitution Party is our only hope.)
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To: rit
Outstanding. They've sued their last 12 year-old girl.

-Dan
3 posted on 12/19/2003 7:40:29 AM PST by Flux Capacitor (Deck us all with Boston Charlie)
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To: Flux Capacitor
This is great news!
4 posted on 12/19/2003 7:41:03 AM PST by ConservativeMan55 (You know how those liberals are. Two's Company but three is a fundraiser.)
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ...
Just damn.

If you want on the new list, FReepmail me. This IS a high-volume PING list...

5 posted on 12/19/2003 7:41:30 AM PST by mhking (Bud Light salutes Real Men of Genius: Mr. Silent Killer Gas Passer...)
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To: rit
Free at last, free at last, thank God almighty, free at last...
6 posted on 12/19/2003 7:42:33 AM PST by gipper81
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To: rit

Metallica is deeply saddened.
7 posted on 12/19/2003 7:44:01 AM PST by shadowman99
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To: rit
HA-HA
8 posted on 12/19/2003 7:45:41 AM PST by BeerSwillr (Profanity free since 2003-12-17 20:41:45)
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To: shadowman99
You forgot the siren!!!!


9 posted on 12/19/2003 7:47:10 AM PST by ConservativeMan55 (You know how those liberals are. Two's Company but three is a fundraiser.)
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To: rit
To celebrate, I think I'll go download something.
10 posted on 12/19/2003 7:47:57 AM PST by zook
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To: zook
To celebrate, I think I'll go download something.

LOL!

11 posted on 12/19/2003 7:50:34 AM PST by b4its2late (The more people I meet, the more I like my dog.)
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To: All
Record Industry May Not Subpoena Providers
 

Dec 19, 10:44 AM (ET)

By TED BRIDIS

WASHINGTON (AP) - A federal appeals court on Friday rejected efforts by the recording industry to compel the nation's Internet providers to identify subscribers accused of illegally distributing music online.

In a substantial setback for the industry's controversial anti-piracy campaign, the three-judge panel from the U.S. Court of Appeals for the District of Columbia overturned a ruling by the trial judge to enforce a copyright subpoena.

U.S. District Judge John D. Bates had approved use of the subpoenas, forcing Verizon Communications Inc. to turn over names and addresses for at least four Internet subscribers. Since then, Verizon has identified dozens of its other subscribers to music industry lawyers.

The appeals court said one of the arguments by the Recording Industry Association of America "borders upon the silly," rejecting the trade group's claims that Verizon was responsible for downloaded music because such data files traverse its network.

Verizon had challenged the constitutionality of the subpoenas under the 1998 Digital Millennium Copyright Act.

The law, passed years before downloading music over peer-to-peer Internet services became popular, compels Internet providers to turn over the names of suspected pirates upon subpoena from any U.S. District Court clerk's office. A judge's signature is not required. Critics contend judges ought to be more directly involved.

Verizon had argued at its trial that Internet providers should only be compelled to respond to such subpoenas when pirated music is stored on computers that providers directly control, such as a Web site, rather than on a subscriber's personal computer.

In his ruling, the trial judge wrote that Verizon's interpretation "makes little sense from a policy standpoint," and warned that it "would create a huge loophole in Congress' effort to prevent copyright infringement on the Internet."


12 posted on 12/19/2003 7:51:41 AM PST by newgeezer (A conservative who conserves -- a true capitalist!)
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To: rit
RIAA should be dismantled and an industry group with vision should be formed.
13 posted on 12/19/2003 7:52:46 AM PST by 1Old Pro (Madeline Halfbright claims we have OBL on ice ready for display before election??!)
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To: rit
The RIAA has been barking up the wrong tree for ever. Rather than trying to stop file sharing they shoud have embraced it.
They should have just asked for limitations on the quality of files.
Presently most files swapped dont approach the quality of the original product.

I dloaded all of the BBC's "coupling" episodes off file sharing, and they are good qaulity, but they dont approach the quality of the DVD's I purchased!

You see dloading the episodes was legal (fair use) and I liked the show so much I wasnt satisfied with the dloaded versions and sought to purchase the DVDs. That seems to be a win win approach.

14 posted on 12/19/2003 7:54:04 AM PST by mylife
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To: rit
In a related story on Yahoo news:

Dutch Court Throws Out Attempt to Control Kazaa
By Marcel Michelson and Bernhard Warner

AMSTERDAM/LONDON (Reuters) - The Dutch supreme court on Friday threw out an attempt by a music copyright agency to put controls on popular Internet file-swapping software system Kazaa, a ruling the music industry attacked as flawed.

The decision is a fresh blow to the media industry, which has fought to shut down file-sharing networks they say have created a massive black-market trade in free music, films and video games on the Internet.

"The victory by Kazaa creates an important precedent for the legality of peer-to-peer software, both in the European Union (news - web sites) as elsewhere," Kazaa's lawyers Bird & Bird said in a statement.

The decision by the Dutch court, the highest European body yet to rule on file-sharing software, means that the developers of the software cannot be held liable for how individuals use it. It does not address issues over individuals' use of such networks.

The International Federation of the Phonographic Industry (IFPI), the music trade group representing independent and major music labels including Warner Music, Sony Music, BMG, EMI and Universal Music, criticized the ruling as "one-sided" and vowed to continue its legal crusade elsewhere.

"Today's ruling on Kazaa by the Dutch Supreme Court is a flawed judgment, but still leaves no doubt that the vast majority of people who are using file-swapping services like Kazaa are acting illegally -- whatever country they are in," the group said in a statement.

TARGETING INDIVIDUAL KAZAA USERS

The music industry in the United States, feeling the pinch of successive years of declining CD sales, has begun suing individual downloaders, many of whom are Kazaa users. The IFPI has said a similar legal campaign could be launched in Europe.

The Supreme Court rejected demands by Buma Stemra, the Dutch royalties collection society, that distribution of Kazaa cease and that future versions be modified so that copyrighted materials cannot be exchanged over the network, lawyers representing Kazaa said.

Kazaa and other new breed peer-to-peer networks have argued they have no centralised servers and therefore cannot control what is exchanged by their users, a defense the IFPI and other media organizations challenge.

The IFPI maintained Kazaa could be modified to filter out copyrighted works. They also demanded the company warn Kazaa users that unauthorized distribution of such materials was illegal.

The supreme court upheld a March 2002 ruling in which an appeals court ruled in favor of Fasttrack, the Amsterdam-based firm that developed Kazaa. Fasttrack later sold the technology to Sharman Networks Ltd of Australia.

The media industry has launched a similar suit in the United States against Sharman, which many see as the crucial legal showdown for determining the legal future of file-sharing.

Kazaa has become the undisputed king of file-sharing networks. In October, Kazaa registered over 17.5 million European and American users, according to Internet measurement firm Nielsen//NetRatings.

In the Netherlands alone there are 3.6 million users.

"This is a historic victory for the Internet and consumers," Niklas Zennstroem and Janus Friis, the founders of Kazaa, were quoted in the lawyer's statement as saying.

15 posted on 12/19/2003 7:55:24 AM PST by Johnny Gage (Who decided to put chicken in the shape of nuggets?)
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To: rit
Good news!
16 posted on 12/19/2003 7:55:53 AM PST by July 4th (George W. Bush, Avenger of the Bones)
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To: Johnny Gage
Kazaa is sooo "2000." There's much better stuff out there, with a lot more files. Once again, the recording industry is several steps behind.
17 posted on 12/19/2003 7:57:39 AM PST by July 4th (George W. Bush, Avenger of the Bones)
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To: rit
The judges were probably guilty of downloading music themselves!
18 posted on 12/19/2003 7:58:09 AM PST by MadelineZapeezda
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To: rit
I can understand why people pirate now. I went to the local music/video store at the mall to get a copy of Toy Story 1 or 2. The price for each was $29.99. My Lord, what are they thinking. The other DVDs I wanted to check out (T3, Bruce Almighty, others) were all $21.00 or more.

I then went to a pawn shop and bought Toy Story for 5 bucks.
19 posted on 12/19/2003 7:58:15 AM PST by RabidBartender (2003: Conservative <> Republican)
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To: rit
One less Big Brother...
20 posted on 12/19/2003 8:00:09 AM PST by Stars N Stripes (My baloney has a first name, it's h o m e r, my baloney has a second name it's h o m e r .......)
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To: July 4th
Kazaa is sooo "2000."

So whats the current hot stuff?

21 posted on 12/19/2003 8:00:50 AM PST by mylife
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To: crosshair; leadpencil1
Ding, dong, the witch is dead!
22 posted on 12/19/2003 8:02:03 AM PST by LurkedLongEnough (Can't we all just get a long gun?)
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To: rit
Good. The courts finally get one right.
23 posted on 12/19/2003 8:03:45 AM PST by Tribune7 (David Limbaugh never said his brother had a "nose like a vacuum cleaner")
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To: July 4th; mylife
Yeah, what's the new hot download site? I've been using KaZaA, and the amount of quality music/movies is dwindling.
24 posted on 12/19/2003 8:06:57 AM PST by Pern ("It's good to know who hates you, and it's good to be hated by the right people." - Johnny Cash, RIP)
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To: mylife
Right now, I'm trading mostly DJ sets, which actually are legal to trade. (Fancy that!) But there's just a ton of stuff out there. D/l the software, and then look at the list of public hubs for what you're interested in. Each channel has a chat forum, where moderators enforce share minimums (and in some cases legality of files).

http://dcplusplus.sourceforge.net/
25 posted on 12/19/2003 8:09:57 AM PST by July 4th (George W. Bush, Avenger of the Bones)
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To: rit
As someone said earlier- Good news. No more suing 12-year-olds. I'm sure Metallica will be deeply saddened and depressed by this- as they sleep in their luxury bedrooms of thier multi-million dollar homes, while a 10-year-old downloads "Happy Birthday To You". Oh- that would just KILL them, I feel SO sorry for them (sarcasm off).

Rich
26 posted on 12/19/2003 8:12:04 AM PST by richmwill
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To: Pern; July 4th; mylife
DC++ is not at all user freindly but there is good stuff to be found there. The software is also not firewall friendly.

Just some FRiendly advice.
27 posted on 12/19/2003 8:13:31 AM PST by Mixer
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To: zook
I hope you are not serious about stealing music for celebration purposes. As conservatives, aren't we supposed to support morality and upright behavior?
28 posted on 12/19/2003 8:14:20 AM PST by EPD
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To: July 4th
Thanks for the tip!

By the way, If anyone out there is shaking their head about my dloading. I generally look for stuff I have purchased before but have worn it out(shoddy product) and the record company has since stopped selling.
29 posted on 12/19/2003 8:14:44 AM PST by mylife
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To: mhking
Dang ! Now where did I hide that copy of Kaza lite ?!?!?
30 posted on 12/19/2003 8:16:46 AM PST by Squantos (Support Mental Health !........or........ I'LL KILL YOU !!!!)
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To: zook
For the record, where/what is the best download site?

I am old and very far behind the times. I quit when NAPSTER went off the air.
31 posted on 12/19/2003 8:17:12 AM PST by bert (Have you offended a liberal today?)
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To: Pern
Kazaa is loaded with spyware. I dumped it almost three years ago and won't allow it on any of my, my firms or my children's computers.
32 posted on 12/19/2003 8:19:46 AM PST by CatoRenasci (Ceterum Censeo [Gallia][Germania][Arabia] Esse Delendam --- Select One or More as needed)
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To: rit
Why are these greedy old men at the RIAA so stupid. The equation is very simple:

Who downloads, (generally)? - Kids. Usually kids who don't have the money to spend on a lot of CDs. Many kids who I know that download would STILL buy CDs.

Who buys music? - People with enough money to do so. Generally, (I know, generalizations are flawed), people with enough money to buy music don't have time to download, sort, and burn. (ME). I know how, I can, I choose not to.

Net effect of the RIAA Draconian measures? - Many, (including me), refuse to buy new music. I go to the "Record Exchange" and buy used CDs. Screw the RIAA. And, they have managed to make music pirates look like sympathetic figures.

Nice job RIAA - how does it feel to be the modern equivalent of the dodo bird?
33 posted on 12/19/2003 8:20:15 AM PST by brownsfan
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To: mylife
I dloaded all of the BBC's "coupling" episodes off file sharing, and they are good qaulity, but they dont approach the quality of the DVD's I purchased!

Exactly what I do with movies I am "considering". There are some movie's "LOTR" "STAR WARS" "XMEN" that are must buys, but if it is a movie that I think might be ok but don;t want to burn $15-30 on and be dissappointed, I use the download route as a screening tool.

I went the route of burning DvD's at one time, but even with a "DVD Quality" download the quality is just not the same. So now I will download a movie, check it out, if it worthy of the collection I then go out and purchase it.

I do the same thing with music. No matter how good the quality of the MP3, it does not match the quality when burned. SO I will download music I am considering purchasing, and then buy it if I decide it is worth paying the price.

34 posted on 12/19/2003 8:20:32 AM PST by commish (Freedom Tastes Sweetest to Those Who Have Fought to Preserve It)
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To: rit
Excellent. Bunch of punks. Imagine if the government went after their personal data? These Hollwierd sissys would be whining to no end.
35 posted on 12/19/2003 8:21:13 AM PST by ClintonBeGone
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To: CatoRenasci
kazaa lite + + is spyware clean
36 posted on 12/19/2003 8:21:14 AM PST by mylife
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To: Pern
I am not a heavy downloader of music, but I do use and recommend trying WinMX & EarthStation5. Give them a try. ßß
37 posted on 12/19/2003 8:21:34 AM PST by ▀udda▀udd
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To: July 4th
Kazaa is sooo "2000." There's much better stuff out there, with a lot more files. Once again, the recording industry is several steps behind.

Like where?

38 posted on 12/19/2003 8:22:06 AM PST by ClintonBeGone
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To: mylife
Check out BitTorrent. There's something of a learning curve to figure out where to find files, but there's a LOT out there.

Also, there's an " experimental" (read:hacked) version that allows you to throttle the d/l and u/l speeds.

39 posted on 12/19/2003 8:22:17 AM PST by Tree of Liberty (I can get you a toe by 3 o'clock this afternoon... WITH nail polish)
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To: rit
Great! Now I can start buying CDs again. It's been a long four months.
40 posted on 12/19/2003 8:22:31 AM PST by Destructor
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To: ▀udda▀udd
If someone can't afford to pay 88 cents to download a song legally from Wal-Mart's Web site, then they don't need to have Internet access. The music is there because some of us actually pay for the music. Those who download without paying are stealing and what I call "digital welfare" whores.
41 posted on 12/19/2003 8:23:25 AM PST by jgrubbs
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To: bert
"For the record, where/what is the best download site?"

Would you ask a shoplifter where the best stores are to snatch candy? That's the same equivilant of your question. : (
42 posted on 12/19/2003 8:23:35 AM PST by EPD
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To: mylife
Unfortunately, there will be no more updates to Kazaa Lite++, at least officially. Kazaa proper sued them and forced to take any mention of the program off their web site. You can still find the last version of it around, as well as previous versions, though.
43 posted on 12/19/2003 8:25:16 AM PST by Tree of Liberty (I can get you a toe by 3 o'clock this afternoon... WITH nail polish)
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To: EPD
Awesome, if you couple this with yesterdays rulings, Jose Padilla and his terrorist brethren on Guantanomo will be able to download freely without being harrassed by the recording industry. Hallelujah!
44 posted on 12/19/2003 8:25:46 AM PST by ChuckShick (He's clerking for me...)
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To: rit
I may be in the minority here but even though I'm no fan of the arrogant and backwards RIAA, I don't think taking away the consequences of stealing music is something to celebrate.
45 posted on 12/19/2003 8:27:06 AM PST by SB00
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To: ▀udda▀udd
WinMX is good. I tried Earthstation5, but could never get it configured correctly. Also, the fact that their HQ is in the West Bank makes me a little dubious.
46 posted on 12/19/2003 8:28:42 AM PST by Tree of Liberty (I can get you a toe by 3 o'clock this afternoon... WITH nail polish)
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To: Tree of Liberty
Unfortunately, there will be no more updates to Kazaa Lite++, at least officially. Kazaa proper sued them and forced to take any mention of the program off their web site.

Hmmm, I was unaware of that. I had thought it was distributed by Sharman.

47 posted on 12/19/2003 8:28:43 AM PST by mylife
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To: SB00
I don't think taking away the consequences of stealing music is something to celebrate

The courts did not take that "right" away. They simply ruled that RIAA was not entitled to the names. There is a defeat in this though, in that Verizon tried to argue the DMCA, and the courts did not want to touch that.

48 posted on 12/19/2003 8:29:20 AM PST by rit
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To: EPD
Some people don't ever seem to understand, the meaning of freedom is not found in a cereal box.
49 posted on 12/19/2003 8:29:52 AM PST by Old Professer
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To: SB00
I may be in the minority here but even though I'm no fan of the arrogant and backwards RIAA, I don't think taking away the consequences of stealing music is something to celebrate.

I wouldn't say you are in the minority amongst conservatives, maybe amongst libertarians who think they should have the liberty to steal music online.

50 posted on 12/19/2003 8:30:04 AM PST by jgrubbs
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