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.

[John Robertson]

"So everyone who has a song out there automatically copyrights it? A friend of mine made a track of his garage band playing a song. I downloaded it. So I am automatically a criminal? Even though I had been asked by him to download it and listen to it? If you think that is illegal, tell me exactly why."

I posted this, to another Freeper, which answers the first part of your response: Per US copyright law, all creations are protected under common law copyright at the moment of creation. This protection stands for a number of years even if formal copyright is not applied for.

As for the second part, that is not any form of infringement whatsoever--you were authorized to do so. Money doesn't have to change hands to avoid copyright infringement--just permission.

[AntiGuv]

Fine, I'll modify my comment for the fill-in-the-blanks impaired. This is false on its face. Only downloading copywrited material without permission or outside the bounds of 'fair use' exemption is criminalized.

I am, however, contemplating the exercise of my common law copywrite to this remark and revoking my implicit permission for you, specifically, to download this page. Please consider yourself advised..

[zook]

"Taking someone's intellectual property without compensation is thievery. "

And that's why, to this day, no one can sing "Barbry Ellen" or "Greensleeves."

[John Robertson]

When all else fails--especially logic--succumb to name-calling. By the way, calling you a thief is not name calling...apparently it's just descriptive.

And not that we've been civil or anything (admit it, part of you has enjoyed throwing arrows my way; I'll admit to same), but I do want to stay on the facts about this subject: if you are only downloading files sent to you by other musicians for that purpose (as long as they're the rightful owners/creators), you haven't stolen a thing--because you've been authorized by the copyright owner (and even uncopyrighted material is protected by copyright law).

Merry Christmas! Dude.

[AntiGuv]

copywrite = copyright in my orthographically impaired parlance - just to be clear.. ;^)

[John Robertson]

I wasn't going to make an issue out of it. Merry Christmas.

[antiRepublicrat]

So yeah, to answer your question, I'm right.

You are right, but the creator could have released the copyrighted work under a liberal distribution license such as those at Creative Commons, making the download perfectly legal.

[zook]

"Because copying and pasting on boards is widely accepted on the net."

This amazes on so many levels.

[AntiGuv]

My only issue here is your unstable conflation of downloading with criminality. Note that you will need download this page once again in order to read this latest reply.

And a very happy new year to you!

[Smogger]

And that's why, to this day, no one can sing "Barbry Ellen" or "Greensleeves."

Or "Happy Birthday To You!" That's right folks if you want to sing this little ditty in public you better get the rights from The Harry Fox Agency.

A little history lesson for all of you:

"The Chicago-based music publisher Clayton F. Summy Company, working with Jessica Hill, published and copyrighted "Happy Birthday" in 1935. Under the laws in effect at the time, the Hills' copyright would have expired after one 28-year term and a renewal of similar length, falling into public domain by 1991. However, the Copyright Act of 1976 extended the term of copyright protection to 75 years from date of publication, and the Copyright Term Extension Act of 1998 added another 20 years, so under current law the copyright protection of "Happy Birthday" will remain intact until at least 2030."

28 years was reasonable, but NOOO the morons in Congress gotta keep extending the copyrights in perpetuity. Ridiculous.

[honeygrl]

"No, it does not make me a thief. Because copying and pasting on boards is widely accepted on the net."

File sharing is widely accepted on the net too.

[zook]

Good point. Don't forget, "copyright" does not confer a permanent or unlimited property right.

[js1138]

Kazaa is loaded with spyware.

I can't confirm this as a fact, but I can say that I am currently reinstalling Windows on three computers for friends whose children were heavy Kazaa users. One of the machines will no longer boot. The others have become bogged down and slow.

[zook]

And, therefore, we must consider it "stealing" when a teacher has her class sing "Happy Birthday" to a student.

[Smogger]

Good point. Don't forget, "copyright" does not confer a permanent or unlimited property right

The publishers seem to think it does. In the meantime patents only last a more reasonable 10 years.

[honeygrl]

"As for the second part, that is not any form of infringement whatsoever--you were authorized to do so. Money doesn't have to change hands to avoid copyright infringement--just permission."

Therefore, all downloaders aren't criminals or theives (whatever) because some just download music that was authorized for sharing by the author.

[jayef]

Fewer artists depending on corporate machinery. They're losing their grip and are resorting to force to tighten what grip they have left. Instead of seeking partnerships they seek punishment. Oh happy day, when these bastards are broke and out on their ass. These pimps have preyed on our culture and fed us garbage for far too long now. GOOD RIDDANCE!

[LisaMalia]

I think you're being incredibly overdramatic.

I suppose, in your world, calling one "overdramatic" would not be considered name calling either. Are, by chance, a defense attorney?

[Leroy S. Mort]

The Digital Millennium Copyright Act "betrays no awareness whatsoever that Internet users might be able directly to exchange files containing copyrighted works," the court wrote.

You bet the ranch that the RIAA and Orrin Hatch are huddling, as we speak, on new legislation to plug this hole.

[jayef]

So your copyright violations are kosher, but mine aren't. Fascist!