OK..been awake a couple of hours now and
just hit the board. Some good ideas here and
some good plans...so, am going to add my two
cents.
First off..Quis custodiet ipsos custodes ,
means "Who Guards the Guards" or "Who
Watches the Watches"
and Fire...that's s good one..i like "Sic
Semper Tyrannis", or thus ever to tyrants.
Now, onto other observations...
First, let's establish the knowns...
First, most of us have jobs or are students,
and are certainly not rich. Because of our
other obligations, this fight on our part,
is always a part time effort. Our enemies
are some of the biggest corporations. They
have a shit load of money, and are doling
out a shit load of slimy tech mercenaries to
do their bidding. They also think they have
the law on their side, and they have corrupt
politicians, and the media. We also know
these politicians go with the highest
bidder, or the group that can deliver the
most votes.
Looks like an uphill battle from that
standpoint.
As to the ACLU and the EFF, the EFF was
founded by John Perry Barlow , who is a
retired rancher and used to write lyrics for
the Grateful Dead. This movement owes a lot
to the efforts of the EFF. When you talk
about the place where the rubber hits the
road, and who can put lawyers in court to
defend our rights, the EFF has paid its dues
and continues to pay its dues. I can say
nothing but good things and always do my
action alerts with them. The ACLU has been a
supporter of freedom in general for a long
long time, and I know that they will be in
the fray down the line, to help us. We need
to support the EFF. They are, however;not
really a PAC in my estimation (I can be
wrong).
We have hurdles to overcome. Number one, the
public is apathetic at best. Until they
personally get a subpoena or their relative
or spouse does, they don't care...hell, we
are in an economy that is drowning in debt
and headed for bankruptcy. And,
unfortunately, a lot of people think of this
issue as a bunch of snot nosed kids stealing
songs over the internet. Before everyone
screams at me, you KNOW I know this is
bullshit, but we have to face reality. The
"artists", some of whom are "represented" by
the RIAA, some of these guys are cool and
put out good music. Some of course are just
jerkoffs like Madonna and Lars, who wish
they still had a friggin' career. When a
struggling band is trying to get famous and
rich (at least in the past), their dream is
to get that offer of a contract by a major
record label. In the past, they had to have
a good record label and a good distribution
company to bankroll the band, the production
of albums, distribution, advertising, etc..
I continue to think that the analogy
of the Mafia, as a business model for the
RIAA is an apt one. The Mafia offered
protection to those under their wings. In
the neighborhood where Gotti lived, he was
popular. He gave good block parties, and
crime was low in that area (you didn't go
raise shit in Gotti's home area...). The
RIAA has tried to brainwash the public and
the record labels and artists, that P2P is
depriving them of sales. We all know that is
crap. If you were given a Ferrari Testarosa
by someone, you would probably accept it,
but does that mean if someone hadn't given
it to you, that you would have gone out and
bought it? NOPE!
If someone were to ask me, if you could
change one element in all this, what would
you change (assuming I could wave a magic
wand). I would have the DMCA repealed. It is
BAD legislation, and I say bad because it
does far more harm than good, and is open to
far more abuse, than correct use. That is
one big thing we have to do...hammer
congress to repeal this crap. I noticed on
Aug 2, lots of RIAA letters to
congress...they have all disappeared. It was
great to see all the letters on Aug 2, but
the fight continues and we need to keep the
letters and pressure going.
We also need to frame this issue in a
broader context, i.e. it is a freedom and
liberty issue. When I say the phrase RIAA
Terrorist Network, I really mean it. This is
not rhetoric. If you look at the kind of
money they are giving their mercenaries to
find, hassle, threaten,intimidate, and bring
fear to average citizens, not soldiers,
non-combatants, and see they have these
operatives out there, violating Terms of
Service agreements with immunity, and
disrupting the courts, trying to cause
financial ruin to families around the
country...WHAT THE HELL ELSE CAN YOU CALL
THIS BUNCH BUT THE RIAA TERRORIST NETWORK?
Osama and Saddam together are not causing
the actual degree of disruption of this
society as this RIAA Terrorist Network, and
they are spreading their terrorist
activities internationally.
So, without any doubt, we are facing a
multi-headed, power opponent, with its
fingers in many pies, and widespread
influence.
Should we give up then? HELL NO..cause we
are going to WIN and win BIG!
How do we do it?
1)First,we do need to be more organized.
Also, it probably means that if we are going
to establish a PAC, we have to give up some
money. But, you say, I'm broke! I understand
that. For those who have a job and are
working, 5 bucks a paycheck is do-able. We
also need to enlist the companies that can
be our allies, and the politicians that can
be our allies. Just do some brainstorming
and think, what companies are being hurt by
the RIAA and its draconian efforts.
Certainly, a lot of webcasters have been
affected. There are probably a lot of you
that can brainstorm and come up with a list
of companies that are negatively affected by
the RIAA (I'm still a bit foggy). ISPs
should have a vested interest in this issue.
And, as part of organization, we need a few
people to lead the fight. Bill Evans would
be the natural choice, but I don't know what
his prior commitments are, and certainly, he
has done a great job with the site and
getting this issue out on the Net.
2) We really need like Hell, to push for a
congressional investigation into the
RIAA...looking under all their rocks,opening
their closets...price fixing, payola,
intimidation,links to organized crime, audit
their IRS records..etc. PUSH PUSH PUSH PUSH
for an investigation. Write your congress
people a short letter and really request
their help in this. All we need is one
senator to get this going and I know that
they are gonna cut that can of worms open
and find squirming maggots...these people I
sincerely believe are criminals, and
criminals do criminal acts!
3)The class action suit is an interesting
idea. Depending on where you file a class
action...you usually have to have a lawyer
that has some expertise in class action
suits, and have to have a judge look at the
case and certify it as a class action suit,
and allow it to go forward. Now, if anyone
is seriously thinking of this, be aware that
lawsuits are time consuming, go on for a
long time, and are very costly. You would of
course need an attorney or group of
attorneys that would do it pro bono or on a
contingency fee basis (they get a
percentage...you don't get paid, they don't
get paid). Remye... despite what I just
said, it's a good idea and I think it has
merit. The main thing is deciding what your
cause of action is, and what your damages
are.
A note to gdZiemann ...loved your post. The
FCC has a record of not really doing much
more than giving serious wrongdoers a VERY
slight slap on the wrist...essentially a
small fine and making them promise not to do
bad things again...they just don't have a
lot of teeth to really punish really bad
guys...or just don't , I don't know which.
( As an aside, someone paid 50 grand to find
out who Carly Simon wrote the song "You're
So Vain" about...Hell, she could have
written that about anyone in entertainment
almost...well, maybe not Carlos Santana..the
winner of the dinner w/ Simon is Dick
Ebersol, chairman of NBC sports...allegedly,
Ebersol cannot divulge this...gee, doesn't
everyone know it was about Jagger?) Sorry
for the detour...damn that TV! Where was
I...oh yeah, captdunsel , capt..your
comments were RIGHT on TARGET! Organization
is the key, and the media is going to keep
on trying to keep this story quiet. They
don't want the alternative view of this
issue out..their corporate masters have told
them that.
This is a war on many fronts. We have to
capture the hearts and minds. There are some
poignant stories out there of grandmothers
who are concerned about the effects of these
lawsuits, elderly guys who have been
sued...these are likeable and sympathetic
folks, and since most are not going to be
able to comment due to pending legal action
(although some might be able to say a few
limited things that won't hurt their case),
we need to put a face on downloaders to see
that these are not just a pack of arrogant,
rich college kids "stealing" music and
taking food out of the mouths of starving
artist.
A good PR firm, or savvy media person could
really show the pathos of this issue...the
lawsuits are trying to ruin people as an
example...to try to threaten and intimidate
anyone and everyone who would stand up to
them.
Think about it, on one side, rich, decadent
musicians who have the best of everything,
sleezy record label execs, and
lawyers...yes, shyster lawyers and
mercernary tech companies who fear the light
of exposure of who they are and what they
are doing, versus, Mom, Pop, Grandma,
Grandpa, brother,sister,student, etc..
I can just see some poor handicapped guy in
a wheelchair who downloads music being
hauled into federal district court by these
assholes...or some blind little girl. Now,
lawyers and record execs on one side, versus
the average , tax paying , hardworking
american on the other side. If you were on a
jury, who would you be leaning toward?
Most of us older folks who have been around
for hundreds of years

, have a bigger
perspective on this mess. This is NOT just
about filesharing. It really is about
liberty and freedom. The Patriot Act I and
II, the DMCA, and all these bizarre
draconian bills making sharing one file a
felony, DRM (digital rights management) and
all this crap is about trying to control
what you are able to do with your private
life...they are trying to digitize
everything about you, and get your life
stuffed into a megadatabase, so that they
can snoop on you and be aware of all your
actions. The DMCA circumvents our
constitutional rights, plain and simple. It
allows these assholes to do things even law
enforcement couldn't do. Unreasonable search
and seizure is forbidden by the 4th
amendment, but the 4th amendment applies to
government, not private business, and this
is the case because the founding fathers
never expected that a business would ever
attack its own customers, like a malignant
cancer eating away at the host.
So...what can you do that doesn't take a lot
of time or money, but helps a lot.
1) Be informed. Find out what companies,
labels, and artists are our enemies. DO NOT
SPEND MONEY ON THESE ENEMIES! The boycott
WILL affect them disastrously. By not
spending your money on them, you can save
it, or spend it on some other music that
helps us and those musicians who have not
been assimilated into the Borg.
2) Write everyone you can think of and
demand that federal investigations be
initiated into the RIAA,the labels, and
their associates that do the dirty work
(BayTSP and the rest).
3) Write separate letters requesting that
your congressperson support a repeal of the
DMCA...if they get flooded on an ongoing
request with these letters, they just might
get it in their heads that this is going to
be a campaign issue they can get votes on.
4) Keep on coming up with ideas, and keep
educating people you meet about these
issues. Don't come off like an
extremist..just kind of subltly let them
know about the issue.
OK...gotta let someone else talk. I know I
have said the same thing as a lot of others
, and probably repeated some of my earlier
posts...but those things that overlap or are
repeated,are probably the most important
issues.
We need a consensus. We need to have
definite goals and objectives, and methods
of all those goals, that we can ALL get
behind, and we need to establish regional
coordinators for voting and media related
actions.
OK...peace and luck...
we will be victorious...VENI, VIDI,VICCI
-bulk