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The RIAA has started Subpoening people for illegal music downloading, WRONG or RIGHT?

  Author:  17204  Category:(Debate) Created:(7/26/2003 2:56:00 PM)
This post has been Viewed (4530 times)

I apologize if this has been debated before, or posted recently. However, this huge music sharing scandal has sent such a wave of panic and shock all across America, and it's definetly got me interested. Im posting one of the main articles that has got people all riled up! It's pretty long, so if you already know whats going, don't bother reading it, it is going to take forever lol.

I have 4 questions for you guys. First, is the downloading of music through file sharing programs such as Kazaa, Imesh, and at one point in time, Napster, and Morpheous, wrong? Second, even if you do think it is wrong, should people have to pay up to 50,000 dollars for each stolen song due to violated copy right laws? Should these people have to appear in court? Based on that, do you think the RIAA is blowing this out of portion? Third, How many of you on here have at one point in time participated in music sharing? Fourth, how many of you have delated kazaa or imesh off of your computer after hearing about the drastic measures of the RIAA?

~Old Navy Baby

Everyone Is a Target in Music Subpoenas By TED BRIDIS AP Technology Writer

WASHINGTON (AP) -- Move over, college kids. Grandparents and roommates may be the first ones to pay for downloading songs on the Internet. The music industry's earliest subpoenas, issued as part of a high-stakes campaign to cripple online piracy by suing some of music's biggest fans, are aimed at a surprisingly eclectic group: a grandfather, an unsuspecting dad and an apartment roommate. "Within five minutes, if I can get hold of her, this will come to an end," said Gordon Pate of Dana Point, Calif., when told by The Associated Press that a federal subpoena had been issued over his daughter's music downloads. The legal papers required an Internet provider, Comcast Cable Communications Inc., to hand over Pate's name and address. Pate, 67, confirmed that his 23-year-old daughter, Leah Pate, had installed file-sharing software using an account cited on the subpoena. But he said his daughter would stop immediately and the family did not know using such software could result in a stern warning, expensive lawsuit or even criminal prosecution. "There's no way either us or our daughter would do anything we knew to be illegal," Pate said, promising to remove the software quickly. "I don't think anybody knew this was illegal, just a way to get some music." The president of the Recording Industry Association of America, the trade group for the largest music labels, said lawyers will pursue downloaders regardless of personal circumstances because it would deter other Internet users. "The idea really is not to be selective, to let people know that if they're offering a substantial number of files for others to copy, they are at risk," Cary Sherman said. "It doesn't matter who they are." Over the coming months this may be the Internet's equivalent of shock and awe, the stunning discovery by music fans across America that copyright lawyers can pierce the presumed anonymity of file-sharing, even for computer users hiding behind nicknames such as "hottdude0587" or "bluemonkey13." In Charleston, W.Va., college student Amy Boggs said she quickly deleted more than 1,400 music files on her computer after the AP told her she was the target of a subpoena. Boggs said she sometimes downloaded dozens of songs on any given day, including ones by Fleetwood Mac, Blondie, Incubus and Busta Rhymes. Since Boggs used her roommates' Internet account, the roommates' name and address were being turned over to music industry lawyers. "This scares me so bad I never want to download anything again," said Boggs, who turned 22 on Thursday. "I never thought this would happen. There are millions of people out there doing this." In homes where parents or grandparents may not closely monitor the family's Internet use, the news could be especially surprising. A defendant's liability can depend on their age and whether anyone else knew about the music downloads. Bob Barnes, a 50-year-old grandfather in Fresno, Calif., and the target of a subpoena, acknowledged sharing "several hundred" music files. He said he used the Internet to download hard-to-find recordings of European artists because he was unsatisfied with modern American artists and grew tired of buying CDs without the chance to listen to them first. "If you don't like it, you can't take it back," said Barnes, who runs a small video production company with his wife from their three-bedroom home. "You have all your little blonde, blue-eyed clones. There's no originality." Citing the numeric Internet addresses of music downloaders, the RIAA has said it can only track users by comparing those addresses against subscriber records held by Internet providers. But the AP used those addresses and other details culled from subpoenas and was able to locate some Internet users who are among the music industry's earliest targets. Pate was wavering whether to call the RIAA to negotiate a settlement. "Should I call a lawyer?" he wondered. The RIAA's president was not sure what advice to offer because he never imagined downloaders could be identified until Internet providers turned over subscriber records, as the federal Digital Millennium Copyright Act requires them to do. "It's not a scenario we had truthfully envisaged," Sherman said. "If somebody wants to settle before a lawsuit is filed it would be fine to call us, but it's really not clear how we're going to perceive this." The association has issued at least 911 subpoenas so far, according to court records. Lawyers have said they expect to file at least several hundred lawsuits within eight weeks, and copyright laws allow for damages of $750 to $150,000 for each song. The AP tracked targets of subpoenas to neighborhoods in Boston; Chicago; St. Louis; San Francisco; New York and Ann Arbor, Mich. Outside legal experts urged the music industry to carefully select targets for its earliest lawsuits. Several lawyers said they were doubtful the RIAA ultimately will choose to sue computer users like the Pate family. "If they end up picking on individuals who are perceived to be grandmothers or junior high students who have only downloaded in isolated incidents, they run the risk of a backlash," said Christopher Caldwell, a lawyer in Los Angeles who previously worked with major studios and the Motion Picture Association of America. The recording industry said Pate's daughter was offering songs by Billy Idol, Missy Elliot, Duran Duran, Def Leppard and other artists. Pate said that he never personally downloaded music and that he so zealously respects copyrights that he does not videotape movies off cable television channels. Barnes, who used the Napster service until the music industry shut it down, said he rarely uses file-sharing software these days unless his grandson visits. The RIAA found songs on his computer by Marvin Gaye, Savage Garden, Berlin, the Eagles, Dire Straits and others. Barnes expressed some concern about a possible lawsuit but was confident that "more likely they will probably come out with a cease and desist order" to stop him sharing music files on the Internet. "I think they're trying to scare people," Barnes said.

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Replies:      
Date: 7/26/2003 3:16:00 PM  From Authorid: 10722    File sharing will NEVER stop. The RIAA's days are numbered.  
Date: 7/26/2003 3:24:00 PM  From Authorid: 28848    I think it's crazy how hard they are trying to crack down on this all of the sudden. They act as if they are going up against the mafia or something. I don't understand it really. I was doing some research online about this earlier and I found this link. You might be interested in it: http://www.techtv.com/news/culture/story/0,24195,3484600,00.html  
Date: 7/26/2003 3:25:00 PM  From Authorid: 24732    Well obviously copy right infringement is against the law and wrong, but I think their punishments are too harsh. The amounts they mention are common in cases of copy right infringement felonies. Even if the suits do turn out in fining those people, it's not going to stop people, there are more file sharing sites going up all the time. Ones that allow you to hide your IP and remain anonymous. Right now you could use a proxy if you wanted to. I'm sure some people who aren't very smart may stop downloading songs, but the rest of us criminals can always find a way around it.  
Date: 7/26/2003 8:30:00 PM  From Authorid: 54987    Yeah I think its wrong to prosecute people. For years we have taped music and shared it with friends. However, having said that, there is a difference between downloading for personal use and downloading for business use.  
Date: 7/26/2003 8:43:00 PM  From Authorid: 22080    hey, if you put on your list "stop sharing" and you get a lawsuit, thats hacking my friend, file a countersuit, drag it out till the dirty end  
Date: 7/26/2003 8:49:00 PM  From Authorid: 22080    also, if i download numerous songs by one of their artist ill pay them the price of a single,bring me to jail, i dont care, its sick how the music industry is working  
Date: 7/26/2003 10:22:00 PM  From Authorid: 14407    That is ridiculous! Well I hope they get their money cuz they sold their humanity for it.  
Date: 7/27/2003 4:10:00 PM  From Authorid: 34814    WOW good post thanks for the information! I had nooo idea that this was all going on. I am gonna be turning in to keep up to date on it also. This is totally wild. My Q is if this sites are illegal why are they all over the internet? Thanks for the post. I won't be ever downloading again. They could start charging for downloads maybe? Maybe that could solve some cases. Who am I to say. I always have bought Cd's to support my favorite bands and this is nuts.  
Date: 7/27/2003 5:07:00 PM  From Authorid: 19613    meh. i'm not gonna stop downlaoding music over this. i only ever buy cds i really like, so downloading some songs isn't stealing to me, since i would rather not waste my money on the single or album or whatever in the first place. So i'm not taking any money away form these people.  
Date: 7/27/2003 6:13:00 PM  From Authorid: 14407    They're probably just shooting themselves in the foot. Most of the albums I've bought I got cuz I downloaded one song by an artist, like their stuff so I go their album. But if this gets out of hand I'm definatly boycotting the whole industry and not buying anymore music.  
Date: 7/27/2003 7:08:00 PM  From Authorid: 22080    is there a list of the filesharing programs they are going after?  
Date: 7/27/2003 7:23:00 PM  From Authorid: 14407    I'm sure its a "covert op" Jestr. I wonder if they'll try to prosecute overseas users?  
Date: 7/27/2003 11:22:00 PM  From Authorid: 3321    I think the RIAA is a load of bad words, I think what they're doing is ridiculous and greedy. Nothing about file sharing affects the ARTIST. The ONLY thing it affects is the CORPORATE EXECUTIVE's next NEW CAR purchase....why don't those jerks take a pay cut and join the real world instead of raping the common person of the enjoyment of music.  
Date: 7/27/2003 11:24:00 PM  From Authorid: 3321    Why don't they try lowering the cost of CDs in order to solve their problem...that's why most people don't buy them anymore-far too expensive.  
Date: 7/27/2003 11:26:00 PM  From Authorid: 3321    And I also pledge to the RIAA jerks out there that now especially, you will NEVER land another dollar of my money in your pocket from CD sales. Way to ALIENATE your customers and screw them at the same time.  
Date: 7/28/2003 9:30:00 AM  From Authorid: 14407    Amen Pers!!!  
Date: 7/28/2003 10:27:00 AM  From Authorid: 58030    dark pheonix that's my word (meh) your not allowed to use it it's copyrighted, lol, music should be free, i have no money i can't afford a 20 dollar cd, the music industry is rich as it is, believe me if some of those artists would just share they're money instead of buyin 3-4 houses each...  
Date: 7/28/2003 1:30:00 PM  From Authorid: 14407    Yeah maybe if this was actually putting people out on the street I could sympathize, but its just corporate greed. If a corperation screws the public like Enron did, ruins peoples lives, makes off with their pentions then everything gets foggy, no one knows who to blame. But now the recording industry, (which is a part of the enterainment industy and therefore nearly recession proof) is using the money we gave them to violate our privacy and leagally bully the public over a possible nick in their profit margine. There seems to be this trend in lawmaking and judicial issues towards criminalizing everyone! They're legaslating to make it illegal to do harmless things and make everyone scared of the law. People who download music are not criminals. We are just everyday people enjoying the fruits of technology and Sharing! But we all know the world needs less of that. Lets make sharing illegal!*lol* How bout if I invite a freind over to listen to an album, am I gonna be sued for copyright violation now?  
Date: 7/28/2003 1:37:00 PM  From Authorid: 25828    i'll never buy another cd..i download everything and anything i want . and anomaly is right, it will never stop -  
Date: 7/28/2003 6:15:00 PM  From Authorid: 3321    Wonder when our lawmakers will start backing US, the PEOPLE, and not the MILLIONAIREs...  

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