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29 November 2006 22:19 by Petteri "dRD" Pyyny
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A lawyer defending Net users that have been sued by the music industry's lobby group, RIAA, claims that the evidence -- or actually the lack of it -- in one of the cases RIAA is pushing in courts, if accepted, would effectively shut down the whole Internet.
The lawyer, Ray Beckerman, tells in an interview on DefectiveByDesign about a real case, Electro vs. Barker, in which, the recording industry, in its complaint, doesn't even bother to "specify any acts or dates or times of copyright infringement as the law normally requires". As the case proceeds in the courts, RIAA has made a statement that merely making files available on the internet is in and of itself a copyright infringement. "It was a shocking argument because if it were accepted it would probably shut down the entire internet", Beckerman says.
MPAA, obviously, has put in a brief supporting the RIAA's case. More interestingly, also the U.S. Government has filed a brief supporting RIAA's side in the case.
Source: DefectiveByDesign
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Related articles:
Illegal music downloading still on rise (7 February 2007)
MPAA launches assault on P2P (18 January 2007)
Judge says making files available for download is distribution (11 December 2006)
MPAA wants your privacy (1 December 2006)
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| sammorris (AfterDawn Addict) 17 December 2006 12:31 |
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Did you click on the wrong link in the email? The one underneath the "view the thread" link is to "unsubscribe from notifications" - I've done that a couple of times by accident.
Athlon X2 4200+, Zalman CNPS7000Alcu, Asus A8N-SLi SE, 2GB (2x1024MB) Corsair PC3200 CAS3, WD Raptor 37GB, Seagate Barracuda 250GB NCQ, Sapphire 512MB Radeon X1900XT, NEC-ND4570, LG DVD-ROM, NZXT Lexa, Hiper Type-R 580W. Rheostat Silenced. New image on the way soon, when i get a proper camera!
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| dufas (Member) 17 December 2006 16:04 |
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I don't think so, every time I get notified, I am taken to the thread. If one clicks on the remove from notification link, does it still take one to the forum or just send a removal notice to Afterdawn ????
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| DR34MER (Inactive) 17 December 2006 17:40 |
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.....back to our scheduled programming....
This case is quite obviously part of the US Goverment and RIAA's push toward Internet 2 - the commerce internet. AKA Lockdown City : a place where all rights, privileges and freedoms are owned by corporations.
People should be boycotting Internet 2.
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| ZippyDSM (AfterDawn Addict) 17 December 2006 18:37 |
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dufas
so ither there is fair use or there is non.
if there is non the goverment would have to create a tax in order to gather money on industry's behalf over all used sales.
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| dr.benway (Newbie) 20 January 2007 9:06 |
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from what i hesr and read of america the news media controls your thinking u get one side of the news and more people vote in reality shows than vote in ellections watching some of the crime shows on cable the number of innocent people in jails scares the crap out of me.thrown in jail for downloading a few movies or music even for being caught with a joint in your pocket,no mate makes me glad im living in australia
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| ZippyDSM (AfterDawn Addict) 20 January 2007 9:10 |
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dr.benway
and in the EU they want to ban media for questioning how things work and such,so meh
perfection in any goverment is a failicy some work better than others,sadly the US is sliding into "run by commeite thus nothign gets done" mentality... of coarse thats the brunt of how socialism works most of the time.
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| dufas (Member) 20 January 2007 9:41 |
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dr.benway.....
The reason that more people vote in reality shows is that unlike the TV shows, the politicians do not listen to the people. The politicians are there for their own needs, not the people's.
Most of the people in the USA do not realize that they are slowly slipping into a socialist quagmire. These people that think that the government should take care of every need and that freedom is "freedom from ......" are going to wake up some day and find that the government has protected them from so many things that no one can do or say anything any more without running afoul of some law. I can visualize the day when they change USA to USSA.... United Socialist States of America
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| ZippyDSM (AfterDawn Addict) 20 January 2007 9:57 |
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dufas
nicely said,how you been man?
Its a shame thats where the US is headed to bad it cant be like the 20-30s be enthruepernistic and reinvent itself to the needs of the people and government,where its headed now is to brainwash the people in order for them to serve the governments needs as best/poorly as they can.
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| dr.benway (Newbie) 20 January 2007 12:11 |
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i think youve got your politics wrorg your country[and mine] are being run by corporations and the military industrial complex thats got nothing to do with socialism weve been listening to this red scare so long its clouding some peoples perspective.
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| lackyno (Member) 20 January 2007 13:33 |
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USSA...sounds eerily similar to that USSR...
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| ZippyDSM (AfterDawn Addict) 20 January 2007 13:43 |
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dr.benway
the elites are overlords to the darkness that are corporations and the elites are trying to brainwash the public so that the corporations have compete rule.
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| dr.benway (Newbie) 20 January 2007 14:50 |
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we were reading over here about some sheriff in a place called maricopa who set up a camp in the desert with tents ,barb wire and all sorts of harsh conditions they even had too wear pink shorts sounds like a joke i suppose its got gas chambers and ovens too.its not real is it? or all the jails overflowing with evil music and movie pirates and pot heads.
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| ZippyDSM (AfterDawn Addict) 20 January 2007 15:24 |
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dr.benway
perhaps a little humiliation and discomfort will keep these guys out of jail... I mean they dont need TV/radio and nothing like rock brakeing or hole diging for good exersize!
Most of these would be for drug offenders or violent crime.
Perhaps we should even kill murders before they can kill again that would help....or maybe treat criminals like I dunno...crimails....
This message has been edited since posting. Last time this message was edited on 20 January 2007 15:31
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| dufas (Member) 21 January 2007 6:58 |
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dr.benway
"i think youve got your politics wrorg your country[and mine] are being run by corporations and the military industrial complex thats got nothing to do with socialism weve been listening to this red scare so long its clouding some peoples perspective."
The "red scare' was communism. Even though "socialist" was part of the name of most of the eastern block country's names, they were communists, not socialists.
Socialist countries have quasi freedoms which in reality are more like privileges that can be controlled, moderated, modified, and in many cases, taken away all together.
Actually, I think we are both right. If you examine socialism, you will find that the government owns or controls the production capabilities of a country. If the corporations are pulling the strings and either controlling or working in concert with government, it works out to be the same, control production, control the government, control the people, control the money. The military industrial complex is right in the middle of this situation doing the same thing. Add to this mix political correctness [control of speech], dumbing down of the schools [indoctrination], rewriting of history [ever hear of the Dixiecrats ??? [look them up]]....
In the name of safety, health, or environmentalism, just about any law, rule or regulation to control the masses can be put into place. The main 'selling' point that pulls in the majority of the people is the "freedom from....." hook. Freedom from some problem in life...
"I know, let's have the government take care of this problem..... there, it's all fixed, doesn't that feel better...??" The main problem with 'freedom from' is that many times, in order it to work, it takes 'freedom to....' away from someone else. But this is alright as long as it is someone else that is losing their freedoms.
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| ZippyDSM (AfterDawn Addict) 21 January 2007 7:04 |
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dufas
I love government protecting you from yourself(IE thinking)and protecting big business from small business (OOT regulation that enforces a non level playing field between the 2) oy vay.
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| goodswipe (Inactive) 21 January 2007 10:04 |
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hmmmmmm.....lmfao...i dont think so...wtf is this world comming to!
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| dufas (Member) 21 January 2007 10:33 |
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OK, let's close down 'big business' and only have mom and pop stores and manufacturing. Let's operate like some communities and regulate the color you paint your car. Let's do as a couple of Florida towns have done and make it against the law to park a pickup truck in front of your house. Let's go ahead as the US Senate is proposing and make all internet sites, blogs, and forums that contain any political rhetoric register with the government and pay a license fee in order to express a political opinion. Let's make it so no one is responsible for their own actions like the guy that sticks his naked ass out of third story window to moon the people below, slips and falls out onto the ground, then sues the building owner stating the owner's responsibility. Let's have the government control what you eat, get rid of all fast food outlets, control the foods that sit-down restaurants can serve. Let's do as a group of politicians are trying to do and ban most computer games. There is a group that is trying to ban all soft drinks using every excuse from health concerns to global warming [CO2 makes the bubbles] as a reason for the ban.
Using the government for total control of media as the MPAA and the RIAA is attempting to do should be accepted whole heartedly by the "government should save one from themselves" people....unless it is "I can crap in your yard but don't you dare crap in mine"..
Politics, at least in the USSA has become 'in the name of freedom, one group is going to tell others how to live....' This seems to work OK until your life is the one being manipulated.
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| ZippyDSM (AfterDawn Addict) 21 January 2007 10:54 |
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dufas
thats not what I meant,look at the monopolies on phone and cable,because they have near complete control over it they can stagnate the expansion of technologies IE board band and thus we are sitting with slow over priced boardband compared to most of Asia that managed to nudge corporations into sliming down some and then gaining profit for begin able to sale to the populace nation wide not just by tiny region..
Japan being the best example of this we started out better than them and in a 3-4 year span they have whipped their board band into shape, I am not calling for oxymoronic regulation however once a corporation has made a profit off some things the government should step in and let any able corporation fight it out to bring the best price and feature to the populace its been done to phone companies to various degrees of successes its time cable and others are forced to play fair and fight for the right to sale to the populace.
Its also time we should be able to return bad DVDs and games because they suck,but nnoooo publishers and retailers cry foul every chance they get....
Monopolies and Conglomerates of power damages us far more than basic government regulation.
A government has a right to control things within its board uncontrolled capitalism is destroying us mainly because big business gets to control everything unquestioned and thos running the government can sale off govermental assets because it "saves" money look at the dubi ports mess that still has yet to come to fruition ,no one whats to do what it right no one wants to bring a balance of things into being because its unpopular because big business gets no profit from it.
Examples of oxymoronic governmental regulation,to ban forms of "normal" media because it "upsets" small groups of people,to force small companies who customize vehicles to crash test them the same as Large corporations when a leisure tax and proof of insurance on these costly customized vehicle's would be more than enough prove street worthiness.
I could go on but you get the point,Regulation has its place but is usely mishandled but to not have any is just as assinie.
This message has been edited since posting. Last time this message was edited on 21 January 2007 11:08
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| dufas (Member) 21 January 2007 11:35 |
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Have to careful here.
The Italian company Fiat was at one time the largest auto manufacturing company in the world, bigger than General Motors at the time. They not only made dozens of Fiat models, they did work for Ferrari, Masserati, Renault, Ford, General Motors, auto accessory companies, and a few English motor companies. They either made engines, body parts, or wheels for these other companies.The Italian government nationalized the company, partly because of the political clout that the company wielded and the perceived monies that would flow into the governments coffers. What politicians and most people don't realize is that most of the huge profits a company makes is plowed back into new products, designs, and research and development. The government began skimming the profits for it's own use and Fiat quickly shrank to a minor automobile manufacturer and thousands of people were put out of work. Hundreds of small, independant supporting companies were closed down putting thousands more out of work.
Unions are a monopoly of sorts. I find it ironic that many union members will get upset about some company making a lot of money, saying that the company doesn't deserve to make such a profit but a union member that only bolts on a couple of wheels can earn $100,000 a years and still deseves more. I worked at a small manufacturing plant for a while where the owner actually took home less money than many of the union workers that worked for him. he finally closed the doors and the union went on strike against a closed company demanding job security and a raise in pay and medical benefits. Come to think of it, the unions did the same thing against Catapiller Tracter company..
Most people want everything for themselves, if someone else has anything, they want to take it away..
I agree that some companies go way overboard but, many individuals do also...............
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| ZippyDSM (AfterDawn Addict) 21 January 2007 11:47 |
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dufas
Unions and corporations are mobs of people trying to make as much money as they can despite what it dose to the people or things around them thus why they need to be regulated,Unions even more so because what have they done in the past 20ish years stagnate workers rights is what they have done for the most part because of all the back sliding and giving in just to keep the union going.
BTW Unions are not indavendauls,and indavenaudls tend to heard to easy thus we get a screwed up nanny government because sheeple think they will be "protected",if I want to be protected from free thought I would go of to the middle east and join a cult.
trust me brother I understand it and it blows whats left of my mind into tiny pieces.
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| dufas (Member) 21 January 2007 14:02 |
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My God....we agree..........
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| dufas (Member) 21 January 2007 14:17 |
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Adendummmmmmmm.............
Question...If you hire someone to redo the interior walls and paint your house and they are doing a crappy job no matter how hard you try to straighten the person out. Do you have the right to fire that person and hire another one. What is that employee's rights ?? Does he have the right to make you keep paying him even though he doesn't do the work. Does he have the right to do things as he sees fit and not follow your instructions. Does he have the right to tear your house up then stop working until you pay him more money?? Does he have the right to demand that you pay all of his medical bills ??? Does he have the right to limit how much money you can earn ?? What is workers rights exactly ???
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| ZippyDSM (AfterDawn Addict) 21 January 2007 14:43 |
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dufas
Fair pay for fair work,meaning what the market says X job is worth,it also means that children can not be used for menial labor and such, bascily in the example you have provided its what the contract between you and the sub contractor.
its a bit different than normal employee/employer relationship,employee is given tasks to do if they fail the tasks they lsoe job,if the employer fails to provide "safe" and "quite" work environment they can be sued.
Safe meaning following X guidelines to keep employee's safe from ascendants and such quite meaning no harassment and adults acting like 5 year olds.
Health care and such fall into extras not all jobs have extras,frankly it would be best for all if the health care and insurance industries where trimmed down some and a better system in palace too have all employers bearing the load,keeping the nation in some form of good health is a benefit to all,however making it happen where its not a oxymoronic regulation is anyone guess.
From where I sit the government is burning money and so are the corerations it seems no one wants to do things to help everyone they are to busy looking out for number one.
BTW lets bring back personal contracts for small business's and private indavendauls if tis good enough for big business's to screw each other over it its good enough for the common man to use.
you don't need to regulate everything signal god darned thing if a contract is messed with from either side theres the court system to fix small claims and such.
the day is ending and my brain is dead.
I will edit it tommrorow.
This message has been edited since posting. Last time this message was edited on 21 January 2007 15:06
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| Mez (Senior Member) 22 January 2007 2:28 |
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Unions like guns and fire are not really good or evil but can do both. I am sure the autoworkers needed some kind of protection from the Cos. I see the auto Cos as being both fantastically stupid and fantastically ballsie. They were the biggest advacary against gasohol and have specialized in making gas guzzelers. You would think they would want to stay in business as long as possible. There can't be one working brain cell in all the Co executives combined! The problem is when the Co has such agressive morons running the show the union has to respond in kind. It is kind of like the Matrix where Mr. Smith automatically gets more powerful as Neo gains power. With such greedy morons on both sides of the table it is a wonder how they are still in business. Too bad they are still in business; they are probably the biggest contributer to global warming that could have been easily reduced. They will take the world out with their stupidity.
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| ZippyDSM (AfterDawn Addict) 22 January 2007 2:30 |
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(no I am not awakened enough to fix the post yet *yawns*)
Mez
nods nods
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| dufas (Member) 22 January 2007 7:10 |
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ZIppyDSM
You are correct. That was a poor example. The point that i was trying to make is that everyone goes overboard. It doesn't matter to those involved who they screw until they, themselves are paying the bills.
Actually, it doesn't really matter what I think or even know. If one agrees with me, I'll just be counted as a fellow traveler and that person will move on..If one disagrees with me, I'll be discounted as some sort of nut and the person will move on. Most people think like politicians, there is only one way to do things and that is their way or else........
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