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RIAA's three-strikes rule a "scarecrow?"

updated 03:55 pm EST, Thu December 24, 2009

RIAA knows ISP notices ineffective

The Recording Industry Association of America's ISP piracy warning deals are nothing but a public relations front, industry sources claimed yesterday. While the music label group had initially suggested it would have a deal that would disconnect repeat offenders, the purported insiders say labels wanted a "scarecrow" that would spook pirates even though the threat of disconnection couldn't legally be enforced. The aim, according to CNET, was primarily to replace the tactic of suing individual customers with an approach that still implied punishment.

Deals struck with AT&T, Comcast and Cox were actually just strategic moves meant to convince holdout Internet providers that they would soon be in the minority, the same sources indicate. RIAA chairman Mitch Bainwol has admitted that providers have never settled a definitive agreement. To date, the telecoms companies have not only declined to cut off Internet access for repeat offenders but have said they can only be made to do so through the courts.

Currently, there are no legal measures that permit ISPs to disconnect customers for alleged piracy violations. The service operators can also theoretically point to safe harbor principles that exonerate them from responsibility for customers that pirate material without the providers' knowledge.

Disconnection laws exist in France and a small number of other areas but have been staunchly opposed by critics, who have warned that these not only often deprive suspected pirates of full trials and ignore tactics like "stealing" Wi-Fi that hide the actual pirate's identity.



By Electronista Staff
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Comments

  1. climacs

    Forum Regular

    Joined: Sep 2001

    +1

    f****** THE RIAA

    not even a lump of coal for them... unless Santa can insert it rectally.

  1. bigpoppa206

    Fresh-Faced Recruit

    Joined: Jun 2003

    -2

    hmm, spoken like a true

    ***** that doesn't pay for music.

  1. mitchelljd

    Fresh-Faced Recruit

    Joined: Aug 2008

    -2

    No big deal

    Honestly, I support the three strikes, and you loose your broadband concept.

    I know that alot of people pirate, and it is a better solution than lots of lawsuits. it needs to be managed and overseen, but yeah i think its fair.

    People ought not steal, music, movies and more if they are copyrighted. and i know alot of this could be a real deterent to how people have been stealing.

    Now.... this could be a fair deterent and penalize people who want to steal.

  1. emig647

    Fresh-Faced Recruit

    Joined: Oct 2009

    +3

    RIAA has horrible tactics...

    The biggest problem with the RIAA is they started out ruining people's lives. They upheld ridiculous penalties for downloading songs (like there was really that big of a loss to the studios), they made their prey pay outrageous lawyer fees, and they put them through some incredible stress. They have made companies put retarded restrictions on digital music that have only affected the end consumer rather than the pirates.

    But all of that aside, lets talk about this "three strikes rule". It seems some of you like it. Let me ask you this, who's going to determine if you're being naughty or not? I pirate music. I pirate music of bands that tell you to go pirate it. They want their name out there. It's how they spread their names. Not all bands can make it on the top 100 on the radio. So other bands have turned to pirating to move their music. You know what though? When I pirate music and I like it... I go buy it. I absolutely refuse to buy a whole CD without hearing that album multiple times. Too many times I've been bitten by the "this whole CD sucks but 1 song is ok" bug. So who's to say if you're actually pirating music?

    Many will say to go buy digital music. No thanks. A) It's not encoded correctly. B) I want lossless. C) If I lose it I want to be able to get it from a hard permanent copy. Digital music is definitely not for me.

    The RIAA is a bad organization from the inside out. I understand paying for music you like... I think everyone should. Go out and support the artists. You wouldn't steal a painting from your local shop right? The RIAA would rather take that painting and wrap it in a clear safe that ruins the viewing pleasure than leave things the way they are. Buy your music (when ready) and down with the RIAA and their antics.

  1. ff11

    Fresh-Faced Recruit

    Joined: Apr 2004

    +3

    Cutting off is all well and good

    As long as the RIAA can PROVE piracy in an impartial setting. In the mean time, they can shove their allegations.

  1. climacs

    Forum Regular

    Joined: Sep 2001

    +2

    @ff11

    that's the problem; RIAA doesn't play 'fair'. They use bullying tactics and overwhelming legal force to crush defendants.

    Their tactics are nowhere close to 'fair'.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +2

    Re: No big deal


    Honestly, I support the three strikes, and you loose your broadband concept.

    I don't mind that concept. I wouldn't mind my broadband getting loose. However, if I were to lose it, that'd be a different story.


    Now.... this could be a fair deterent and penalize people who want to steal.


    Fair to whom? The RIAA loses more money to true piracy (those that manufacture and sell illicit copies on the streets, on line, etc) than to bobby downloading the latest brittany spears "hit".

    And the ones who do the massive copying are going to be the ones who know how to cover their tracks, through anonymizers and the like, while the casual user will be the ones caught.

    Finally, is it enough for the RIAA to say "We have noticed IP address x** was sharing copyrighted content. Give them a strike!"? Who says their data is accurate? Who says that the ISP's data is accurate? What was the offense? What proof do they have? Who does the one getting the 'strike' get to appeal to? And does that cost money of some sort?

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