Posts Tagged ‘RIAA’

US Colleges & Universities required to help combat illegal media swapping

As of this month, a provision of the Higher Education Opportunity Act of 2008 kicks in to being. That provision states that colleges and universities have to (from Skunkpost) :

effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network" without hampering legitimate educational and research use

Any school that doesn’t can face the risk of losing some or all of their federal funding.

Many schools have already put steps in place to help combat the problem, simply since students were using university systems and bandwidth to share music, movies and games. For those that don’t have any programs in place, they’ve been stuck in scramble mode to institute something since the whole provision became required on Thursday.

Many colleges worried they would be asked to monitor or block content. But the provision says schools can get a great deal of flexibility, as long as they use at least one "technology-based deterrent."

Their options include taking steps to limit how much bandwidth can be consumed by peer-to-peer networking, monitoring traffic, using a commercial product to reduce or block illegal file sharing or "vigorously" responding to copyright infringement notices from copyright holders.

My issue with this provision is that it’s the colleges and universities that have to foot the bill to deal with users that the RIAA or MPAA, not any actual legal authority, says are a problem. And since they don’t want to possibly affect their own future funding, there could be often a ‘shoot first, ask questions later’ kind of mentality when it comes to enforcement.

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RIAA still not getting it

RIAA logo

If you listen to the RIAA, and only the RIAA, one might think that music is dying, that piracy is rampant and that everybody is out to get them. Well…the last may be true, because they are not exactly loved. This might be because they are a heavy handed organization that is aggressive in the pursuit of its profits. Now I don’t think anyone begrudges the RIAA profits, I know I don’t, but I do have issues with an organization that goes around the world bullying people and companies and lobbying governments to do their bidding. It appears as if they’ve watched too much Judge Dredd.

 

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Canada again? Really USTR?

I've got your 'Special 301' right here!

Today the United States Trade Representative released its annual ‘Special 301’ report. This is a report that basically says how bad other countries are and how they are being mean to the United States. What makes the whole ‘Special 301’ report pretty meaningless is that for years the USTR has listened only to the industries who are complaining about how mean other countries are to the wholesome US media conglomerates. The USTR has finally opened the doors to allow more access to them, but then they pretty much ignored everybody but the industry anyway. This includes the CCIA, which sent in its own report to the USTR saying how Canada should not be on the list. The CCIA includes such companies as Microsoft, Google, Yahoo, AMD, T-Mobile, ebay.

Canada, again, is on the ‘Priority Watch List’, which means that Canada has been a very bad boy indeed! Rampant piracy, loss of sales, children and dogs running amok! Oh the humanity!

Oh the humanity!

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The value of ‘Fair Use’

Naughty naughty!

Piracy ruins the economy! You’ve heard it from the RIAA, the MPAA, Senators, Congressmen and the news media. Industry funded studies claiming piracy impact numbers of  thousands of jobs and billions of dollars lost every year. However, a report (PDF) released a few weeks ago by the Government Accountability Office (GAO) has thrown those wild numbers out the door, basically saying that there is no real way to definitively quantify the impact of piracy. It has always been claimed by these industry reports that piracy has costs thousands of jobs every year, billions of dollars lost, and the economy gets damaged because of it. For example, if someone pirates a $60 video game or $20 CD or DVD, that doesn’t necessarily mean that money isn’t being spent elsewhere in the economy. It also calls out the previous ‘studies’ that the RIAA, MPAA, etc have been using saying that the model used to come up with industry supporting numbers has serious flaws. Something pretty much everybody else has known for awhile, but we don’t have lobbyists.

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Entertainment industry has some hard core plans for dealing with piracy

The entertainment industry has sent a series of proposals to the Intellectual Property Enforcement Coordinator at the request of the Coordinator. The reason for that request was to get some ideas of the industry’s viewpoint on intellectual property policing as work begins on forming the Joint Strategic Plan for IP enforcement.

Some of the ‘highlights’ of the industry submissions (thanks to the EFF for putting these up) include :

There are several technologies and methods that can be used by network administrators and providers…these include [consumer] tools for managing copyright infringement from the home (based on tools used to protect consumers from viruses and malware).

Oh boy! We all know how well installed content management DRM programs tend to run! And, is this software going to be determining what is and isn’t allowed on someone’s system? Is it HAL 9000? It would have to be to be able to make those determinations…and I don’t really want my home PC to start plotting to kill me.

Did you pay for that copy of Superbad, Dave?

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Music is being killed off!

I’m coming Elizabeth!! Its the big one!

heart-attack

 

Haven’t you heard? The music industry is dying.

What? You’re skeptical? Why would you say that? Well of course you heard that line before. I mean as far back as 1979 they were saying that Video Killed the Radio Star.

 

 

And look at the state of radio music now. Its completely dead isn’t it?

Or maybe you heard about how home taping is killing music? I mean this was such a huge issue that Canada added a levy on all blank cassette tapes to pay artists for their ‘stolen’ work. They’ve recently expanded that to include MP3 players as well.

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Use open source software? You’re a pirate.

piratebaby

The Guardian reports that a US copyright lobby is trying to get the US Trade Representative (USTR) to include countries that use open source software to be included in the USTR’s Special 301 list. Countries like Indonesia,  Brazil, India, Philippines, Vietnam and Thailand. Why these countries? Because they have enacted legislation to have public entities switch over to open source software.

So who is this copyright lobby? The International Intellectual Property Alliance (IIPA), basically a front group for the RIAA, the MPAA and the ESA. The same ones behind every Three Strikes Law in various countries, the ones calling the shots over ACTA which is in secret talks and completely non-transparent to citizens of the countries this would effect. So basically the people with something to gain, which are exactly the wrong people who should be guiding these things.

These are also the same guys who applauded the fact they got Canada placed on this list, despite the fact that Canada complies with its international IP agreements and works with the US government on these issues. The CCIA, basically an industry heavy group with members like Google, Yahoo, Microsoft, nvidea, AMD, ebay, etc, fully backs Canada and says Canada’s laws are fine. In fact Canada’s IP laws are in many ways more strict than US laws are.

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ACTA : Why You Should Be Concerned

ACTA, or the Anti-Counterfeiting Trade Agreement is  an international trade agreement that would standardize intellectual property rights (IP) enforcement amongst all signatories.

The problem with ACTA is that it is being hammered out in complete secrecy and some of the information that has gotten out about it points to some very scary stuff. Why is it scary? It’s scary because some of the provisions would pretty much violate civil liberties, the right of privacy and the presumption of innocence that constitute the backbone the judicial systems in most modern democracies.

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Three strikes laws, irony

3Strikes_proof

Now I’m not talking Price is Right, nor am I talking about baseball. This is about the RIAA and MPAA wanting ‘3 strike’ laws in place. You can read about that here and here.

What I find ironic and sad actually is that while the Midem conference was going on in France, music execs complained about internet service (or lack thereof). One must note that France actually passed three strikes laws, at the behest of the music and movie industries. Hotels and cafes that had free wifi locked it down because they are afraid to be caught because a customer downloaded something. So businesses afraid of the 3 strikes laws locked down their internet, and music industry execs complained they could not access the internet. I find the irony amusing.

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Yes, You Can Make Money Giving Away Songs For Free

Music Energy (+clipping path, XXL)

 

While the RIAA may have you believe that every single file-sharer out there is nothing but a dirty pirate who just wants everything for free, there are some artists and labels out there who embrace the concept of file-sharing and are using it to bump up revenues.

The most noted example is Trent Reznor, the front man for Nine Inch Nails. He has easily made $1.6 million on his last release, all the while giving away his music for free. How has he done this? By connecting with his fans and giving them a reason to buy his albums by offering something unique and at a reasonable price. For example, you can get a two CD set for just $10, or a boxed set for $75, which includes the CDs, a DVD, a Blu-ray, and a photobook. 

Reznor doesn’t worry about licensing or DRM and he’s not busy making enemies of his fans by suing them or calling them pirates and thieves. Instead, he embraces his fans and encourages them to connect with him and each other. Read more about Reznor and other artists like him here.

Now think about the RIAA and pretty much how universally hated they are as an organization. If they would just take a page out of Reznor’s book, they could be laughing all the way to the bank, too.

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