COURT: RIAA CAN'T HAVE NAMES OF DOWNLOADERS

Drudge Report ^

[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.

[hc87]

Take a look at the opinion for the exact reference (the link is in my first post), but I think it was Section 512 of the Act. My guess is that Napster can be distinguished because it was storing data on its server as opposed to Verizon, who is only transmitting data. Also, I wonder if Napster fell outside the safe harbor because it wasn't a true "telecommunications provider"?

I'm really not familiar with how Napster was set up, but I'm pretty sure it wasn't peer to peer. Is that right?

[mylife]

You see dloading the episodes was legal (fair use)

I guess you missed the legal part. If I had recorded it off the TV it would be "fair use" as well. There was no crime and the producers and distributers profited from me when I purchashed the item. How is this a crime? your accusation is weak.

[jayef]

I saved the episodes on my TiVo. Am I a thief?

[brownsfan]

Taking someone's intellectual property without compensation is thievery.

Agreed. You present the moral highground. There is no doubt that there are people who are interested in simply stealing. But, I think you are going for black and white when there actually are shades of grey involved. First: What most of us object to are the RIAA's heavy handed approach to finding abusers. Including obtaining information they have no right to have. (Big Brother?) By doing so, they have put pirates in the light of being sympathetic figures. Second: Most of us are complaining that the RIAA has missed the boat. Unable to adapt. The RIAA's response is heavy handed, and desperate. Not quite what you'd expect from someone trying to keep customers. Some aritists will sell new music through downloads at their websites. There are ways to adapt and cater to your audience, and still make lots of money. And, a good artist should be compensated. There will always be theives. Doesn't make it right. But, when you ignore where the market is headed, and treat everyone like potential thieves, this is what you end up with. Screw the RIAA, they're floundering and I like it.

[bird4four4]

This same arguement was made back in the 70's with VCR's. Right now, I have a copy of 'E.T.' on VHS form TBS. Am I the equivilent of a downloader? The industry got around this by reaping a % from black tape sales. I believe they have done this with CDR's too.

[Bloody Sam Roberts]

Rather than trying to stop file sharing they shoud have embraced it.

Exactly.

[Wisconsin]

"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."


Copying music might be lots of things, including illegal. What it is not is 'stealing", anymore than running a illicit radio station or selling power to your neighbor without a regulatory license is "stealing".

What one is doing is violating a legally snactioned monopoly.

[Tree of Liberty]

If you're going to check out the eDonkey network, I'd suggest using Emule as a client. It's open-source, and has better functionality, in my opinion.

[Johnny Gage]

What p2p do you recommend?

I've tried Kazaa-Lite and WINMX.

[rit]

The opinion does not define "telecommunication provider" or "safe harbor". Neither does the DMCA itself. This raises a question for P2P in general, as more home computers start to use voip and call initiation (such as redirect and follow-me). Napster, as I recall, provided catalog information, but not the actual files.

[honeygrl]

If downloading the episodes of Coupling was legal, then how did Mylife commit a crime?

Mylife: BTW the US version of Coupling *sucked*

[TheFrog]

Re:"The music is there because some of us actually pay for the music. " No, there is music because some of us are musicians!

[mylife]

BTW the US version of Coupling *sucked*

You are right about that! But the Brit original is hilarious!! It is edgy withought being crass.

[honeygrl]

Just don't record music videos on your TiVo or you WILL be a theif!!! /sarcasm

[honeygrl]

Yep, I've read too that the RIAA already makes money off CDRs. Their greed has no boundries.

[Grit]

I still think the best comparison is the Public Library=File Sharing comparison that was raised during the Napster hearings.

You cannot photocopy an entire book in the library and take it home.

[Straight Vermonter]

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.

Can you make a recommendation? I hate all of the junk that comes along with Kazaa.

[honeygrl]

You could photocopy a chapter though. One song is just a chapter of a CD. :)

[mylife]

Just don't record music videos on your TiVo or you WILL be a theif!!! /sarcasm

LOL! What the RIAA has failed to consider is that the general public are not copyright lawyers. They are foolish to expect average people to understand why your Tivo example is legal, why recording music from the radio is legal and yet Dloading the same item at a lesser quality from the internet is illegal.