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Embrace file-sharing, or die
Salon.com ^ | Feb. 1, 2003 | John Snyder and Ben Snyder

Posted on 02/02/2003 9:51:50 AM PST by E. Pluribus Unum

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The original intent of copyright law was not to enable Michael Eisner and Sony to own the popular culture.
1 posted on 02/02/2003 9:51:50 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum
"Legal efforts to keep the old boat floating are taking three forms: a frenzy of deck chair rearrangement, stern warnings to the passengers that if she goes down, they will face harsh criminal penalties, and serene, glassy-eyed denial.

He understates the downside: DRM == Big Brother Inside. The RIAA is foisting a surveillance state that the Stasi could only dream of on us in order to protect music copyright. We have to decide which is more important: copyright that is strictly enforceable, or the rights spelled out in the 4th Amendment.

2 posted on 02/02/2003 10:02:28 AM PST by eno_
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To: E. Pluribus Unum
I hate to say anything good about AOHell Time Warner, but their Roadrunner Rhapsody program seems to be a step in the right direction.

For $9.95 a month you can paly any or all to Warner and subsidiaries music with on demands streaming audio. The software is well designed and makes handling playlists simple.

If you want to burn a CD, it costs $0.99/cut. I think what most of us object to is paying $13 or $14 for a CD with only one or two good cuts on it.

I expect to see the prices come down as other major labels begin to compete, but it is a start.

So9

3 posted on 02/02/2003 10:12:52 AM PST by Servant of the Nine (We are the Hegemon. We can do anything we damned well please.)
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To: E. Pluribus Unum
"...50 million americans can't be wrong."

Really? How many votes did Al Whore get? How many Americans have criminal records for petty theft?

I used to work with a music pirate who was heavily into stealing copywrited music over the net. He considered it his "right". Never mind that he was making $70k/year. He also considered it his "right" to grow pot and 'shrooms and have his children sell them.

After he failed a UA he quit before he could be fired (he was already on the drug rehab program). This UA came as a result of a major accident where he failed to keep the rubber side down, and flipped his tractor/trailers onto their sides.

Shortly after he quit, he got busted because one of his kids sold dope to an undercover officer and the kid turned in mommie and daddy. After posting bond, he and his wife hung themselves in a motel.

Dennis was one of those 50 million Americans; so he couldn't have been wrong, could he?

MARK A SITY
http://www.logic101.net/
4 posted on 02/02/2003 10:22:00 AM PST by logic101.net
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To: E. Pluribus Unum
I think when a writer puts quotation marks around text, it ought to be a quote, and I believe the quote is "Let the Wookie win".
5 posted on 02/02/2003 10:24:43 AM PST by js1138
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To: Bella_Bru; KneelBeforeZod
RIAA is digging their own grave being hostile to consumers.
6 posted on 02/02/2003 10:29:03 AM PST by I_Love_My_Husband
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To: E. Pluribus Unum
The gist: 50 million Americans can't be wrong.

A very bad argument. An equal number of Germans thought it was OK to kill Jews.

Didn't your Mom teach you that "Just pecause others do it doesn't mean it's right."?

If you want to change the RIAA and its affiliated companies position on this topic, organize a one year, world wide boycott of all RIAA member music products. Send the sales of the members of RIAA to zero. Then they will be willing to negotiate, on our terms.

After all, music is not like food. It's not required to sustain life. We can subsist on all our existing CDs, LPs, MP3s, etc. until we bring the RIAA to heel.

7 posted on 02/02/2003 10:29:29 AM PST by jimkress
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To: Servant of the Nine
For a subscription plus a buck a cut, you should have the option of downloading a WAV file, or a loss free format. At any rate, the market will iron this out over the next ten years.

Anyone remember the digital format that successfully implemented copy protection? Digital Audio Tape. Made everybody rich, right?

8 posted on 02/02/2003 10:30:38 AM PST by js1138
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To: E. Pluribus Unum
Is it illegal to download an MP3 of a song that you already own a 45 rpm record of LP of? What's the copyright on, the music or the media?
9 posted on 02/02/2003 10:39:04 AM PST by afz400
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To: logic101.net
Really? How many votes did Al Whore get? How many Americans have criminal records for petty theft?

Who wrote the current perverted version of copyright laws? The founding fathers, or lobbyists for the big media conglomerates?

10 posted on 02/02/2003 10:45:38 AM PST by E. Pluribus Unum
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To: jimkress
Didn't your Mom teach you that "Just pecause others do it doesn't mean it's right."?

Who wrote the current perverted version of copyright laws? The founding fathers, or lobbyists for the big media conglomerates?

The original intent of copyright law was to provide income to the individual who created a work for a limited number of years. The current version provides income forever to lawyers and the corporations who own them.

11 posted on 02/02/2003 10:48:30 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum
Who wrote the current perverted version of copyright laws? The founding fathers, or lobbyists for the big media conglomerates?

Neither. Congress did it, as dictated by the Constitution and as recently affirmed by the Supreme Court.

12 posted on 02/02/2003 10:54:46 AM PST by wizzler
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To: wizzler
Neither. Congress did it, as dictated by the Constitution and as recently affirmed by the Supreme Court.

Will the Supreme Court affirm it when the current versions are repealed because they are unenforceable without resorting to a police state? Or are you one of those people who is all for a police state?

13 posted on 02/02/2003 11:05:13 AM PST by E. Pluribus Unum
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To: E. Pluribus Unum
Nope, I have no desire for a police state. But maybe you can tell me: Why are copyright-length extensions going to be "unenforceable" without a police state? What do they have to do with P2P?

I do desire that people respect the rights of intellectual property owners. I wish people would realize that using "file-sharing" programs to distribute and reproduce copyrighted material hurts other people.
14 posted on 02/02/2003 11:20:17 AM PST by wizzler
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To: E. Pluribus Unum
The other day I paid for a RealOne Player (RealPlayer) download and a CD by mail: $26.99.

I never used to read the EULAS but I'm much more careful these days. Here's the DRM part which sounds like they can invade your PC, update itself at will, delete unprotected content etc. Somewhere in the agreement it says they can "remove" "unlicensed" material from your PC. Amazing.

Once I'd read the EULA - available for review ONLY during the install - I cancelled the install and called to cancel the sale which they did - reluctantly. 8. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs"). a) The Software includes a DRM called the RealSystem Media Commerce Update Software ("Media Commerce Software") and may include third party DRMs as Plug-in components, which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software. DRMs may be able to revoke your ability to use applicable content. RN is not responsible for the operation of the third party DRM in any way, including revocation of your content. RN is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice, despite the provisions of AutoUpdate defined in Section 6(c). You agree to indemnify and hold harmless RN for any claim relating to your use of a third party DRM.

b) Content providers are using the digital rights management technology contained in this Software to protect the integrity of their content("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content ("Secure Content Owners") may, from time to time, request RN or its suppliers to provide security related updates to the DRM components of the Software ("Security Updates") that may affect your ability to copy, display and/or utilize the Software. You therefore agree that, if you elect to download a license from the Internet which enables your use of Secure Content, RN or its suppliers may, in conjunction with such license, also download onto your computer such Security Updates that a Secure Content Owner has requested that RN or its suppliers distribute. Unless notification is provided to you, RN and its suppliers will not retrieve any personally identifiable information, or other information, from your computer by downloading such Security Updates.

c) The Media Commerce Software allows you to receive and playback content that has been digitally secured by a content provider. The Media Commerce Software interacts with your computer in the following ways:

1. Hardware information: In order to download the appropriate software, RealOne Player must send certain anonymous information about the hardware on your computer to the RealNetworks download server. Once the software is installed, information about your hardware will not be stored on any server. Hardware information will also be sent for content passes, as described below.

2. Content passes: When obtaining passes for playback of content (such as a music or video file) in RealOne Player, information about your specific Media Commerce Software installation and hardware will be sent to the content provider for inclusion in the pass. This installation and hardware information will be scrambled a different way each time it is sent, usable only for inclusion in your pass.

3. Personal information: Media Commerce Software will not associate itself with any personal information in RealOne Player or anywhere else on your computer. RealNetworks' use of any personal information is governed by the RealNetworks privacy policy (http://www.realnetworks.com/company/privacy/index.html). RealNetworks does not share with third parties any personal information you provide in connection with our products without first obtaining your informed consent.

4. Financial information: Media Commerce Software does not interact with the process of secure financial transactions, e.g. credit card transactions. These transactions are handled by the website providing the content and are governed by that party's privacy policy.

5. Usage information: RealNetworks may keep statistics on the aggregated anonymous use of the Media Commerce Software. However, content partners using the Media Commerce Software will not provide RealNetworks with information on specific content for which an individual user obtains passes.

9. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in RN and/or its suppliers. The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

15 posted on 02/02/2003 11:20:25 AM PST by Tunehead54 (RIP Columbia & Challenger Crews)
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To: jimkress
......the gist: 50 million Americans can't be wrong.

Sheesh!!! What the author said was;

"The customer is always right. In this case, the customer is everybody who listens to music, even when that music was obtained in ways that the RIAA doesn't like. Music companies and Disney will adapt or die."

Nobody is interested in the tortured legalities manufactured by lobbiests and politicians.

16 posted on 02/02/2003 11:20:33 AM PST by jimtorr
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To: E. Pluribus Unum
The RIAA is in the enviable position of the buggy-whip industry. They are irrelevant and laughable.

I'm a teacher, and I can tell you, my students just grin whenever someone mentions buying a CD. "Why would you spend that much money when hardly any of it gets to the singer?" Whenever I ask them if they'd be willing to pay $.50 a song to the artist who actually created the music, almost 100% of the answers are in the affirmative.

Twenty years from now the RIAA's self-destruction will be studied in college courses as the red-letter example of how not to treat your customers. The RIAA, of course, will long since be dead.

17 posted on 02/02/2003 11:53:07 AM PST by Jonathon Spectre (who wants Maynard James Keenan to get all the damned money in the world)
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To: E. Pluribus Unum
Not a bad article on the subject.

When is the RIAA going to figure out that file-sharing is a fact made all but inevitable by the invention of the Internet, and that they will ultimately be hurting everyone - artists, consumers, and themselves - unless they abandon their vain efforts to preserve the old ways and start coming up with new ideas for how music is sold that make it possible for artists to recieve their rightful profits even in a world with file-sharing?

18 posted on 02/02/2003 11:58:02 AM PST by Nature Leseul (a libertarian)
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To: E. Pluribus Unum
It is true that downloading music is a very popular entertainment option for many people. The number one P2P application, KaZaA, was downloaded 3,145,095 times during the week of Jan. 6-12, 2003. The number two P2P application, iMesh, was downloaded 440,877 times during the same period. KaZaA estimates that it had 140 million users by the end of 2002, twice as many as Napster at its peak.

Those statistics are staggering and goes to show that the attempt by RIAA to stop file-sharing is doomed.

They need to change their antiquated business model and fast.

19 posted on 02/02/2003 12:06:33 PM PST by SamAdams76 ('Faithless is he that says farewell when the road darkens')
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To: Servant of the Nine
If you want to burn a CD, it costs $0.99/cut. I think what most of us object to is paying $13 or $14 for a CD with only one or two good cuts on it.

A nice plan but flawed. How will you know what the "good cuts" are unless you can first download and listen to them as MP3s? Don't count on hearing them on the radio because PD's have such a narrow playlist that they can only play a fraction of the music that is out there and usually it's the watered down crap that nobody feels excited about buying. Even if radio stations were more adventurous in their programming, there is no way they could play them all - there are hundreds of new albums being placed into the marketplace every week!

MP3s offer the best marketing tool the recording industry has. Many people are passionate about their music and will go out of their way to buy the official release of music they like - IF THEY KNEW THE MUSIC EXISTED IN THE FIRST PLACE.

Imagine if a record company promoted a new artist in the following manner: They set up a website and make all their recordings available for free online as MP3s. The only catch is that whoever signs up for the downloads must give a legitimate e-mail address. The record company can then track what each user is downloading and e-mail them special offers to buy the CD of the artist they recently downloaded. They can also determine what genre of music that each of their customers prefer. So, for example, if this record company is promoting a promising new jazz artist, they can e-mail all the people who have downloaded jazz MP3s with a link to download the MP3s from this new artist. Let's say that this record company e-mails 3,850,000 jazz fans with the offer to download the MP3s and 1,825,000 do so. And out of that 1,825,000 people who download the MP3s from this new artist, 535,000 buy the CD.

Well, now the record company has just produced a "Gold" record for their new artist at a fraction of the marketing cost that they used to pay in the old days.

Why would people buy the CD if they can already download the MP3s for free? So that they can can get a professionally burned CD with artwork and liner notes that look much better in their collections than those homemade jobs with the artist name scrawled across it with a Sharpie pen!

And if the recording companies were able to reduce their marketing costs, they could reduce the price of the CDs and sell even more of them. If they can get the price of a CD to the $5-7 pricepoint, people will find it easier to just buy the CD than to burn a homemade copy themselves (which is really too much of a bother for most people).

20 posted on 02/02/2003 12:34:19 PM PST by SamAdams76 ('Faithless is he that says farewell when the road darkens')
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