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Record labels - more powerful than the police
Posted by AdvancedJon Newton in on August 4, 2003 at 7:53 PM



"Here's why the record industry is now more powerful than police," says the intro to a Burlington County Times column by Dave Ralis.

In America, under the fourth amendment to the US Constitution, police have to show probable cause that a crime's been committed before they can get a judge's permission to search your home for evidence, or subpoena you to appear in court, Ralis points out in Stop or I'll sue.

But under the federal Digital Millenium Copyright Act [inspired by former RIAA boss Hilary 'Reach Out' Rosen] if the RIAA suspects you of downloading a song or sharing music online, it has merely to file paperwork with a court clerk and Snap! It's been issued a subpoena.

"I used to think music was about freedom," Ralis says, "Especially Rock 'n roll. Not anymore.

"Now you can be fined up to $150,000 for sharing a single song with a friend or a stranger. Record companies and politicians have seen to it."

And having proved they can do whatever they want in North America with total impunity, the labels are now storm-trooping Europe.

"How did we get to this point?" - asks Ralis, almost rhetorically.

"Think of the RIAA as the nation's largest trade group for record producers and manufacturers. They pay $44 million in dues annually to belong to it, according to tax records.

"And because the RIAA's mission is to 'work for the benefit of the sound music recording industry,' the RIAA has been granted not-for-profit status by the Internal Revenue Service. That means it doesn't have to pay taxes on any of that money.

"It also means the association's annual tax return is a matter of public record, and phillyBurbs.com [Burlington County Times] was able to obtain a copy of its most recent filing under the federal Freedom of Information Act."

Speaking of tax returns, Ralis continues that the RIAA's, covering April 1, 2001 to March 31, 2002, shows:

"While the association made $721,000 by handing out gold and platinum to top selling recording artists, it made $9.5 million by prosecuting music pirates and recovering lost profits.

"The exact amount it cost the RIAA to recover that money was left blank and Weiss [RIAA suitlady Amy Weiss] did not respond to questions about it.

"However, the tax return says RIAA paid $2.7 million to IFPI, an international antipiracy group, $1.2 million for 'investigative support,' $546,000 for 'evidence collection/storage,' $539,000 for 'online monitoring,' $61,000 for the 'Secure Digital Music Initiative' and $47,000 for 'antipiracy projects.'

[Actually, the IFPI - International Federation of the Phonographic Industry - is a little more than an anti-piracy group. It's headed by Jay Berman, Hilary Rosen's mentor who by an amazing coincidence, was also the RIAA president from 1987, and chairman from 1992 until Rosen stepped into his shoes. Before that, he represented the Warner labels - all of them - on the RIAA board - Jon.]

"The association's biggest single expense, by far, was for legal fees - $16.7 million.

"The association also spent $1.7 million for 'governmental relations projects,' $1.3 million in 'federal legislative support,' and $480,000 in 'state legislative support'.

The RIAA also has a separate PAC (political action committee) which handed out more than $630,000 to "federal candidates" last year and pumped another $535,000 of "soft money" into the coffers of the Republican and Democratic parties, up from $392,000 it gave to both parties in 2001, Ralis states.

And still speaking of taxes, records obtained by phillyBurbs.com say there were only two paid officers on the RIAA payroll from April 1, 2001, to March 31, 2002. And guess who they were? Hillary Rosen, then ceo and president; and, Cary-Sue Sherman, at the time, general counsel.

Hillary Rosen was paid $1,282,599 and Cary-Sue, $764,184.

Those amounts are spread over several years. Right? No. That's what Rosen and Sherman were paid in one year.

Ralis told us the RIAA is due file an amended return soon, but won't file this year's until November. IT'll be intyerersting to see what they reveal.

In the meanwhile, an "unspecified number of other RIAA employees were paid a total of $12.7 million," Ralis says in his article.

"What can you do?" - he asks. "Besides standing on the sidelines and rooting for Verizon to win this legal fight, here are my suggestions:

"The Internet has largely supplanted radio as the primary means to listen to new music, in no small part due to the recording industry's continued manipulation of station playlists with an estimated $100 million in annual payola.

"Weiss insists that the RIAA is "against pay for play. You shouldn't have to pay to have a song," but declined comment when asked if it had any power to enforce that position with its members.

"The practice of paying radio stations to play songs in heavy rotation was supposed to have been killed off in the '50s and '60, but has continued using middlemen. That not only marks a violation of the spirit of the Federal Communications Act (punishable by a fine of at least $10,000 and a prison sentence of up to a year for each instance) but could also be construed as a criminal conspiracy (up to five years in prison) and possibly even racketeering ($25,000 fine and 20 years each instance), given its long-term nature.

"I suggest that anyone who even suspects a radio station has been paid off to play some crappy song just to boost record sales, without the DJ spelling out the arrangement, should file a complaint with the FCC immediately. (The FCC wants you to do its job by providing a tape of the broadcast and written proof of payola. But if inundated with similar complaints, the FCC will be forced to act. Just ask Howard Stern.) For the mailing address, click here.
Challenge the RIAA's not-for-profit (501(c)6) status with the IRS.

"Anyone who is effected by an institution, in this case anybody who has ever bought a CD, can argue that the association has moved beyond its tax-exempt mission. To find out how, click here.

"Anyone who receives a subpoena or a lawsuit from the RIAA should appeal. Your online identity should be protected from interception and subpoenas just like phone conversations. It should not be fair game for a record company executive to exploit."




User Comments

DMemberseraphielx
Date: August 4, 2003 @ 8:15 PM
may as well just call it the trade federation.....who wants to bet that there is a darker soul behide all of this :) (Smile)
Intermediatesurfside6
Date: August 4, 2003 @ 8:25 PM
Where is the head bi*ch of Kazaa, Nikki Hemming?
DMemberda-gimp
Date: August 4, 2003 @ 8:30 PM
If you go to the newspaper's website, you'll find the list of contributions made by the RIAA to congress.

You have to give them credit for one thing: they seem to spread the money fairly evenly across both sides of the aisle.

It's good to buy both parties, so your butt is fully covered.

This has been an eye-opener for me.
Intermediatesurfside6
Date: August 4, 2003 @ 8:40 PM
Somebody please send the author a tee shirt!

Where is the head bi*ch of Kazaa, Nikki Hemming?
DMemberEin-Tier
Date: August 4, 2003 @ 8:54 PM
"And because the RIAA's mission is to 'work for the benefit of the sound music recording industry,', ok ummm , call me stupid, but what line of the tax return do artist get paid on, where do they pay for new artist to get started? I remember RIAA bitching that downloading hurts the artist and prevents new artist from coming, but where is the money for THEM? They have enough for the fucking government, the fucking lawyers, the fucking "soft money", WHERES THE MONEY FOR THE FUCKING ARTISTS?
DMemberIFeelFree
Date: August 4, 2003 @ 9:05 PM
This article hints at the larger issue. It's not just about file sharing. It's about the threat to our freedom when corporations are given too much power. The government is supposed to regulate private corporations but in the case of the recording industry they've failed. Sometimes I worry about the direction my country is going in.
DMemberMalchus
Date: August 4, 2003 @ 9:44 PM
The land of the free and the home of the brave. The RIAA wants to rename that place "prison."
DMemberbulkeraser
Date: August 4, 2003 @ 9:49 PM
IFeelFree...there are growing numbers in the millions who share your beliefs.
To bend to the will of tyrants is to be an enemy of freedom. To stand and fight against those who would steal your freeom from you is to be a patriot.
This is not just about downloading free songs, this is not about
CDs which are too high and only have decent songs...this fight is about freedom...it is about the media "managing" news ala 1984...it is about a government in which most of the politicians don't care about the will of the people. IFeelFree...just read some of the letters to the leaders at Congress.org. I think you will see many brothers and sisters there, and on this board is well.
Luck,Light, and Victory!
-bulk
DMemberEternalSlaye...
Date: August 4, 2003 @ 9:51 PM
Ive sent all 3 of my congressman a few letters and I protested outside my local Fye store in the mall sat... are there any more things we are going to do?
DMemberbulkeraser
Date: August 4, 2003 @ 9:51 PM
I think we are all becoming more politically aware. I have a friend from China and I will never forget something he said...
"If you aren't interested in the government, the government will get interested in you." What I took that to me was that complancence and apathy allows an evil regime to become big brother and snoop into your business...i think this is where we are now!
DMemberbulkeraser
Date: August 4, 2003 @ 9:52 PM
You're doing great EternalSlaye.
Just keep denying the RIAA and its associated companies,labels, and artists your money. Every dollar you save, is another nail in the RIAA coffin!
IntermediateSinisterX
Date: August 4, 2003 @ 9:55 PM
meh.........
DMemberbulkeraser
Date: August 4, 2003 @ 10:00 PM
I was thinking about what Malchus said...
Hey, isn't SNAKE PLISKIN supposed to glide in here wearing a black leather outfit and an eyepatch (fellow "pirate") and save our ass from the evil, slobbering and slithering RIAA? He escaped from New York and LA!
:) (Smile) gotta laugh or cry @ @
|
U
DMemberjusted
Date: August 4, 2003 @ 10:01 PM

Looks like a good article and is an interesting “take” on the whole situation.

BUT, I noticed the “link” was missing from the quote, so here it is:

"I suggest that anyone who even suspects a radio station has been paid off to play some crappy song just to boost record sales, without the DJ spelling out the arrangement, should file a complaint with the FCC immediately. (The FCC wants you to do its job by providing a tape of the broadcast and written proof of payola. But if inundated with similar complaints, the FCC will be forced to act. Just ask Howard Stern.) For the mailing address, click here.
Challenge the RIAA's not-for-profit (501(c)6) status with the IRS.

PAYOLA AND SPONSORSHIP IDENTIFICATION http://www.fcc.gov/eb/broadcast/sponsid.html

AND this is the “link” (to a PDF document – free Acrobat pdf reader required) from the following:

"Anyone who is effected by an institution, in this case anybody who has ever bought a CD, can argue that the association has moved beyond its tax-exempt mission. To find out how, click here.”

http://www.irs.gov/pub/irs-drop/a-03-29.pdf

(BUT, as the article states:) (Smile) “Public comments should be submitted in writing on or before July 18, 2003 and should include a reference to Announcement 2003-29.”

“Comments may also be sent via e-mail to: Tege.eo2@irs.gov”

WHICH seems to indicate the opportunity to comment on the specific Announcement has passed.

Yet I presume the e-mail address is valid for raising other issues such as the RIAA’s highly questionable tax status without having to refer to the Announcement.

Hope this is of some help.

DMembernyer82
Date: August 4, 2003 @ 10:05 PM
yeah whatever happened to Pliskin anyway. That movie ruled.
DMemberbulkeraser
Date: August 4, 2003 @ 10:58 PM
nyer82...i think Snake got married and retired his eyepatch :) (Smile)
here's an interesting article for anyone interested in some optimistic news.
http://www.zeropaid.com/news/articles/auto/08042003b.php
DMemberIn-Flames
Date: August 4, 2003 @ 11:03 PM
" if the RIAA suspects you of downloading a song [...] it has merely to file paperwork with a court clerk and Snap! It's been issued a subpoena."

wait a sec... isn't that entrapment? and i thought they were only going after the sharers.

DMemberIn-Flames
Date: August 4, 2003 @ 11:03 PM
oh um nevermind didn't read it correctly :) (Smile)
DMemberuser65535
Date: August 4, 2003 @ 11:05 PM
Lemme recap, once again.

We need a PAC of our own, and the first thing we should use it for, is to have the RIAA investigated, and if need be, prosecuted under the RICO Act.

Unlike THEM, I make no presumption of guilt before the investigation, no matter how damned likely I think it is.

But we do this, step-by-step, we can kill them... trust me, especially since you've just recently seen for yourself how oh-so-effective protesting was.

Wanna WIN this ? you'll need a PAC, it's just that simple.

-user
DMemberbulkeraser
Date: August 4, 2003 @ 11:33 PM
As usual, user is right on target!
and we need to start developing a friends and enemies list of companies, politicians,artists, and industries...the ones who are our enemies, and the ones to support...right now...the enemies list is a bit longer than the friends list.

But, you know I was thinking about something ironic. Here these RIAA bastards were, whining about decreased sales...so, you would think they would do something to bring more customers in to the doors of the stores. The irony is that there are a lot of us older folks who have been buying records and tapes for decades...without a whimper. We have been the bread and butter supporting their fucking industry and keeping them driving the nice cars for years. Well, not everyone d/l MP3s. There are lots of us (obviously) that were purchasing CDs. But, a lot of us are also Americans, and we don't like to see ANYONE attacking our fellow citizens, we don't like anyone threatening, intimidating, harassing, trying to ruin our fellow citizens financially or ruin their lives...that's REAL terrorism. Anyone, what they have done is the worst thing they could have done for their industry...they've pissed off the demographic sweet spot..and now, they have pissed off even us old folks who don't d/l. What a bunch of fuckin' assholes the RIAA are...and what losers and what useless turds!
AdvancedTheSherminator
Date: August 4, 2003 @ 11:35 PM
Cool.

Boycott action plan 2: file complaints with a list of known offenders with the FCC that we compile through much effort.

It'd be an exceptionally good way to get them in a legitimate legal mess without emptying *our* pockets.

Also, what user65535 said.
DMemberaxxis
Date: August 4, 2003 @ 11:46 PM
If the RIAA is a not-for-profit organization, then how the fuck do they get away with a ".com" in their website address.

They should be a ".org"

They just killed themselves over a technicality . . .I think.
DMemberron77
Date: August 5, 2003 @ 12:08 AM
Would This work?

If you are one of the unlucky ones that gets sued. Have your lawyer file a suit against the riaa requesting all paper work they have including all offers from p2p to pay royaltys that they have refused to even consider. Wouldn't this put them in a postion of having to defend themselves of being a monopoly set on not letting anyone else in? Since many companys have tried to deal with the riaa and were rebuffed, I think this would act as a reasonable defense.

R
JazzJazzmary2U
Date: August 5, 2003 @ 12:15 AM
Hmmmmm...:thinking: interesting point, axxis..good thread, guys..proves the importance of the first amendment..I will be writing letters and complaints..but also, we MUST take the time to convince several friends to get out the vote..October for registration and November for voting is upon us. Just because there is no presidential election Smile this time, doesn't mean that members of state and federal legislators are not running. A good chunk of this body is up for reelection..and it is crucial to get sympathetic ears in power. Politics is power to the people!!

ARE YOU REGISTERED AND READY?
DMembergavsmom
Date: August 5, 2003 @ 12:26 AM
Just trying to look at the Riaa's website, and I don't know...is it just my computer connection, or is their sickening display of whining(they call it their webpage)down?
DMemberMalchus
Date: August 5, 2003 @ 1:29 AM
Worse yet, refusing an offer for compensation can be interpreted to mean that they did not desire any kind of compensation. Basically, we offer to pay, but they refuse. Doesn't that mean they'd rather we just get it for free.
DMemberhamjay711
Date: August 5, 2003 @ 1:30 AM
I have a tweaked, maybe insane, boycott I have been thinking about suggesting for awhile now. This have to involve 10's of MILLIONS of P2P users in order for it to work, and no one could cheat either. So here's the idea:
Step 1: We all, that's right ALL, stop using P2P software for a week minimum, a month if it is going well. This will undoubtedly get some media attention and possibly make the RIAA think they've won.
Step 2: On a specified date, such as, oh I don't know, 9/11, we resume our downloading, but we also download more than just a few files each this day, we download a dozen,what?, two dozen,what?, ok three dozen files or so. This would hopefully let the RIF'nAA know that "We, The People" will not take this lightly and won't back down.
DMemberdumby
Date: August 5, 2003 @ 1:31 AM
Wow, no wonder they "do not care about boycotts", suing people is a far more lucrative pastime. Who does congress work for anyway? On the up side, I am convincing even non-file sharers to write because they think this is insane. Keep plugging away at those letters(Original Please). 60 million people have friends, relatives, co-workers. Keep educating!!!!
DMemberthamuz
Date: August 5, 2003 @ 1:56 AM
We do have our own PACs, you just might not know it. Ever hear of the ACLU and the EFF? If you guys really want to get this shit somewhere help support the groups that stand up for civil liberties and electronic rights!

And no, I am not a paid salesmen for either group, but I stand firmly behind them and their causes.
Advancedcaptdunsel
Date: August 5, 2003 @ 2:28 AM
yeah right. I was surfing the aclu website last night looking for anything they might have. not a word. The EFF is good but they have limited money. The fact is that the best lobbying group we can get is the one who is taking the worst screwing, and that is the artists themselves. I'm not talking about that stupid b**** madonna or natalie maines (I refuse to capitalize their names out of disrespect) but the ones who have been screwed and pressured into signing some of these ridiculous contracts. Give them their work back. keep file sharing legal. if we have to form our own PAC then so be it. If we have to use the internet to get the message out because the news media is owned by the bastards who are doing the suing then so be it. And if someone needs to go to court to explain to the boy named sue (cary what's his face girly man) that he is an idiot then so be it. Organization is the key and we are running out of time.

the capt
DMemberFire-Ice-Death
Date: August 5, 2003 @ 3:39 AM
Quis custodiet ipsos custodes
DMemberFire-Ice-Death
Date: August 5, 2003 @ 3:39 AM
That should be our battle-cry. ;-) (Wink)
RockgdZiemann
Date: August 5, 2003 @ 3:47 AM
Our time has just begun.

As for the article, I have to wonder about a few points.

1) The RIAA MADE money by handing out gold and platinum? Hmmm... some damn steep membership fees. If I ever get a gold record (fat chance) I'll file the edges to razor sharpness and throw it back like a Frisbee.

2) When I called the FCC about payola a few months ago, they literally did not know the meaning of the word.

3) So it cost the record labels almost $25 million to collect $9 million from the "pirates" (almost all of which were physical pirates in foreign countries), if you include the $3.5 million it costs to buy out the entire U.S. government.

These guys can't even make a profit at extortion. They should have stuck to selling records. Too late for that now...
DMemberKuldude10
Date: August 5, 2003 @ 3:59 AM
I'm really tired of all this RIAA bullshit on TV. On the news all this crap thats just really getting to me. I've had to give up TV. Theirs got to be a way to shut them up and shut them down faster. And RIAA, if your reading this, when you piss off too many off your comsomers and you die and go to hell, try not too sue Satan. You'll get the same response.. On second thought, go for it
DMembergoat1974
Date: August 5, 2003 @ 4:04 AM
Looks like we in the USA need to have a good old fashioned "Tea Party," just like the one the patriots had in 1773. Only this time it should be with RIAA member music CD's. Heck, the rest of the world should join us as well.


DMemberRighton
Date: August 5, 2003 @ 5:17 AM
"goat1974" thats the direction were heading if a reasonable agreement can't be reached. And I'm all for it.

I see public protest coming from this...I see congress being bombarded with letters longterm...etc.
The rippling effect will be very wide spread and long term. Inevitably leading to the larger picture(amendments to current laws).
This really is only the beginning.
Now is the time to start donatingand contributing, because bigger fish to fry are on the way and thats part of the process. Many will fall be the way side but those that keep fighting and funding will prevail.
IntermediateRemye
Date: August 5, 2003 @ 7:28 AM
ron77..
as nice as your idea sounds, it wouldn't work. the same laws that protect us protect the riaa.
If you're sued, you can only request relevant information on YOUR OWN suit, not information revelant to anything else, and which has no bearing on what your suit is about. however......
I'm thinking that if a bunch of people (probably 50 or more, 100 would of course be better) bet this payola thing running.. WITH proof in hand...that it could be turned into a class action suit. Class Action suits actually only NEED 25 applicants I believe, I could be be wrong.. however, the idea stands.
ttmmm
DMembermetal-man-micro
Date: August 5, 2003 @ 8:42 AM
"Hillary Rosen was paid $1,282,599 and Cary-Sue, $764,184.

Those amounts are spread over several years. Right? No. That's what Rosen and Sherman were paid in one year. "


Wow, those are some salaries paid out to people working for an NPO.
DMemberXxShadowxX
Date: August 5, 2003 @ 9:02 AM
SurfSide6 - I wouldn't count on Nikki Hemming for anything.

For one thing, she is no longer an advocate for widespread, decentralized p2p file sharing (as she was before this whole "sue 'em all" mess started).

Anyone who's seen the latest version of kazaa (the oh so craptastic 2.5 build) will agree with me.

What once was about the ability to share unprecedented amounts of data, now comes to down one thing - revenue.

Nikki Hemming, unfortunately, seems to have turned to the dark side...

Yes, Sharman Networks sued the RIAA (even though it got dismissed) but the very foundation of kazaa has been killed.

Everything kazaa stood for has been uprooted.

Gone is Nikki Hemming's cavalier "kazaa is decentralized, and will succeed where napster has failed" approach - instead, we hear :

“We’ve worked hard to create the most compelling licensed content distribution application possible,” said Hemming. “Kazaa 2.5 takes significant steps towards our business goal of monetizing digital distribution of licensed content using peer-to-peer technology.”

It's sad really, but it seems almost anyone can be bought...

(Even Nikki Hemming - d'oh!)

Long story short, don't expect to see her name as a contributor to the EFF anytime soon :( (Frown)

Kazaa has been turned on it's head - (don't believe me ? Click this link:) (Smile)

http://www.kazaa.com/us/news/2.5_launch.htm

I just hope no one here is desperate enough to use v2.5...

(I'd rant about how terrible it is - but that's a little to OT for this post, lol)
DMemberboomfoot
Date: August 5, 2003 @ 9:06 AM
Hey guys. Just wanted to pass along a link that sort of goes with this article. There is a website called opensecrets.org Once you are there just go to the top on "who's giving" and select the TV/Movies/Music from the drop down menu. ONce you are there, on the left side is a box to select "Industries in this sector" Under that is protection of recorded music. Here you can view all of the pols in 2002 that accepted PAC money from the industry money-pushers. Check to see if anyone from your area is there. Plus note which PAC gave the most and how well they even their money out.
DMemberboomfoot
Date: August 5, 2003 @ 9:07 AM
check my above post it's "Recorded Music Production" not protection...sorry.
DMemberboomfoot
Date: August 5, 2003 @ 9:14 AM
Sorry to post again, but here's another link that will get you directly to the RIAA's PAC/Soft Money FEC Disclosure Reports, complete with year by year who put money into their till and which politicians they gave it out to. Enjoy.

http://herndon1.sdrdc.com/cgi-bin/fecimg/?C00009357
DMemberbulkeraser
Date: August 5, 2003 @ 9:16 AM
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 :) (Smile), 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
DMemberbulkeraser
Date: August 5, 2003 @ 9:21 AM
i meant "who watches the watchers",,not watches the watches...people working in tech support are the ones who watch the watches :) (Smile) (been there done that)...
BTW, great posts boomfoot
and XxShadowxX , and i agree with you both!
DMemberbulkeraser
Date: August 5, 2003 @ 9:25 AM
also, props to justed and as usual,always great posts to user65535
and Jazzmary...and everyone else had very good posts...always in great company with the sharp minds here!
:) (Smile)
-bulk
AdminCodeWarrior
Date: August 5, 2003 @ 9:32 AM
Hey everyone!
I just checked in letters to the leaders and we are now getting more letters again about the RIAA....thanks to all who are writing...
I wanted to share (fair use) this letter which someone in Georgia wrote...and if they are on the board..
HIGH FIVE!!!!!!!!
It is great!
"Letters To Leaders


All messages are published with permission of the sender. The general topic of this message is Civil Rights:


Subject:
The RIAA Gestapo

To:
Sen. Saxby Chambliss

August 5, 2003

I am very concerned about the latest turn of events concerning the RIAA and their attacks on American consumers. I found that the RIAA was filing thousands of subpoenas to reveal the identities of suspected copyright infringers. When I first read this, I thought it could not be true, since the RIAA would need probable cause and a pending suite to file subpoenas. I read that they were doing this under the Digital Millenium Copyright Act of 1998, so I did some reading, and found that the DMCA does, in fact, give them this right.

How could you and the rest of the government allow this gross violation of our Constitutional right to privacy (as covered by Ammendment 9). Our founding fathers outlawed search and seziure without probably cause, so why is it that corporations are exempt? Not only do they not need probably cause, they also do not need to give the target any time to challenge the subpoenas. This has given the RIAA the power to create a gestapo of internet piracy trolls that can burst down our doors of our computers looking for evidence to a crime that may or may not exist. Doesn't this go against the very principles the founding fathers were aiming for. They didn't want the Redcoats busting down their doors and I don't want the RIAA busting down mine. The may hide behind the saying that I shouldn't mind if I don't have anything to hide, but I should mind. Wouldn't you mind if you knew that somebody could be spying on you at any time? The RIAA is a terrorist organization. They inspire fear in large groups of people in an attempt to change their way of life, terrorists plain and simple, and they should be treated as such. The first step should be to stem the tide of subpoenas from the RIAA. The second should be to modify the grossly unconstitutional DMCA so that it cannot be used to violate a person's rights to privacy and fair use (the right to make copies for your own, personal use has been denied).

Benjamin Franklin, a man whose accomplishments warranted his face on the 100 dollar bill, said "Those who are willing to sacrifice some freedoms for some protections deserve neither freedom nor protection," and I am not willing to sacrifice freedom for protection. However, that decision has been made for me, despite my objections to the grossly Unconstitutional DMCA along with others, like the poorly named Patriot Act.

Tell congress to stop sacrificing my freedoms for a few protections, especially ones that don't protect me (I fail to see anything in the DMCA taht helps me, but I see plenty that hurts me). Tell them that we the people are not going to have our rights denied us any more. I know you'll do the right thing.

Gainesville , GA"


DMemberJustASquirrel
Date: August 5, 2003 @ 10:39 AM
That is a great letter. It should be emphasized also that what the RIAA is infringing our constitutional rights over is a COPY of a COPY of sound. This is not even a tangible item, which invalidates their ludicrous arguement about "shoplifting". Why this does not have the total attention and ire of every music consumer is beyond me.
DMemberr0dr0ddy
Date: August 5, 2003 @ 10:59 AM
Some great posts here, good job everybody.
Personally, I love the idea of stopping p2p use for a week or so, then slamming the networks with shared files. The flaw I found with the idea is that overseas use will still continue- so the drop in use if us Americans cease will only be moderate. Thus the RIAA won't really know that we've stopped until they run IP checks. It's a great idea, I'm sure there's a way we can do something along that line.
Also someone mentioned that we don't have any PACs. Whereas for p2p use this is true, it's only true for a little while longer. Sharman Networks is attempting to start up a paid p2p lobby group in DC. Still, the EFF and even lately the ACLU have been on our side- most notably in the PacBell lawsuit challenging the constitutionality of the RIAA's DMCA-backed subpoenas. We may not have much of a voice in DC or the courts this week, but next week and the weeks ahead will be a different story.
Also, please keep yourselves up to date on the lawsuits against the RIAA. I know september 13 or 16 is the date of appeal for Verizon, I'll follow the AP newswire like a hawk all day long. Please make sure to follow the news for other lawsuits!
DMemberr0dr0ddy
Date: August 5, 2003 @ 11:07 AM
Sorry to post again, but the LA Times has an excellent editorial posted here (free registration required). Once again, the media continues its slant anti-RIAA. It'll be a bowling ball against them once average people start heading to court by late this month.

http://www.latimes.com/news/printedition/opinion/la-ed-digital4aug04,1,4738458.story?coll=la-news-comment
AdminCodeWarrior
Date: August 5, 2003 @ 12:01 PM
r0dr0ddy we love your posts man...don't apologize..that's what this board is for bro!
Thanks for the latimes article post...i was fuming at the blatant bias...and not even an OP-Ed to balance it...talk about biased, media self serving entertainewspaper...
i wonder if the Times would even post an opposing viewpoint..bet not.
{{{{{{{{{{{
DMemberXxShadowxX
Date: August 5, 2003 @ 12:21 PM
"The 4th amendment applies to government, not to private business"... Bulkeraser, you may be on to something.

As was mentioned on the article at http://www.phillyburbs.com/pb-dyn/news/211-08042003-135854.html

the RIAA is charted as a not for profit (read: 501(c)(3) exempt) organization for tax purposes.

While I'm somewhat rusty at tax law, I seem to recall that two things must be true to be considered a 501(c)(3) organization -

1) None of the earnings may insure to any private sharedholder or individual

and

2) Organization must be NOT FOR PROFIT (read: charitable)

Specifically, off the IRS' web page:

"The exempt purposes set forth in IRC Section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and the prevention of cruelty to children or animals"

Moreover, all of the PAC money that RIAA members have given out, legally makes their 501(c)(3) status null and void. (Check this out):

"An IRC Section 501(c)(3) organization may not engage in carrying on propaganda, or otherwise attempting, to influence legislation as a substantial part of its activities."

Last but not least, 501(c)(3) exemption status is supposed to be for organizations that are EXCLUSIVELY charitable...

Regardless, my point is this - the RIAA has a catch 22 on their hands - either they are in the private sector, and have violated their status as a 501 (c)(3) not for profit organization, or they are a not a charitable not for profit organization, and are guilty of laundering supposed "charitable contributions".

No matter how you slice it, it's tax fraud :) (Smile)

(see http://www.irs.gov/charities/article/0,,id=96099,00.html

for more information)
DMembergilbd
Date: August 5, 2003 @ 12:26 PM
I Don't understand this When a radio station plays a song they have to pay. Is this not a form of advertising. How is it that RIAA can get away with this. After all this song being play is to get you to buy the CD right. Am I wrong on this.
DMemberaxxis
Date: August 5, 2003 @ 12:34 PM
XxshadowxX . . .

Exactly what I was trying to say earlier.

To The RIAA: "One false move out of you, and we'll
DMemberaxxis
Date: August 5, 2003 @ 12:39 PM
To The RIAA: "One false move out of you, and we'll -- place sound of chain saw going through executive board room table here -- !
DMembergilbd
Date: August 5, 2003 @ 12:50 PM
My point is if they are getting paid for advertising these songs. Why aren’t other companies getting paid. If these companies knew this would they want their free advertisements. Instead they pay millions for it. May be a good way to get some help here.
DMemberwethepeople
Date: August 5, 2003 @ 3:21 PM
Is anyone else getting the feeling that our government is being hijacked by big corporations. I am. I think most Americans would shudder in fear if they were aware of their privacy being removed, yet that is what is happening little by little. I was never political but I am getting educated and taking action from now on. Can someone please explain the difference between "campaign contributions" of special interest groups and bribery? I absolutely hate the fact that special interests are able to have any political influence whatsoever outside of free election. We need government by the people not government brought to you by the following corporate sponsors!
DMemberwethepeople
Date: August 5, 2003 @ 3:37 PM
Is it possible to overturn legislation that is giving more power to the redcoats? If so, all americans should do so.

Code. Are you the one that suggested the friend enemy list? I would like to see have that. I did not know that buying cd media and burners was also supporting the RIAA. I want to stop all support. This brings the question, how do we buy blank cd media and burners without supporting them?
DMembersandman2003
Date: August 5, 2003 @ 7:30 PM
Could someone post or know where to get a list of approved non RIAA music from. The list of the ones to boycott are quite long. I thought the other list would be shorter. SMILE

Thanks to whomever could provide this for me.
AdminCodeWarrior
Date: August 5, 2003 @ 8:24 PM
wethepeople...I was the one that suggested the list. A while back, on one of the threads, I listed all the labels associated with RIAA. There is a link at congress.org where folks can monitor their sen. and reps. voting record. We can of course start the enemies list with Conyers, Hatch, and Berman. I will try to keep a list if people will submit names of companies, politicians, etc. that are to be on the enemies list, and also, folks like SBC that are on the friends list. By the way, for folks in Calif., I posted some info on a guy that is considering running for governor on a pro P2P platform. Does anyone remember who this was ?..
and you are right about the hijacking of our gov wethepeople!

Well..gotta watch some Sci Fi channel for a bit to clear my mind...
Everyone, don't forget to list any names you think should be on the friends or enemies list...I will scan the threads to try to catch any.
BTW, welcome to new members...welcome to the fight for freedom...sandman and wethepeople...keep the torch of freedom high!
~code
DMemberTitanXS
Date: August 7, 2003 @ 6:55 AM
I am no american...but this Suing business does scares the hell out of me(if these RIAA people decided to go after individual countries).I duly support the peoples cause against the injustice....The RIAA has failed to realize that by rooting out demand sources in the market..they are creating a supply instabilty that is going to kill them finally(how the hell a common man gonna get that kind of money..mafia or cartel)."LONG LIVE THE REVOLUTION."Boycott never works....a revolution will.In the next election...kick these congressmen out.
Punkberlioz96
Date: August 7, 2003 @ 1:48 PM
I hate these guys. Stupid isiots just trying to make a quick buck off of people downloading songs. The reason I downloaded songs was because I couldn't find any of the music I liked in record stores, because they weren't signed to major labels....and when I bougth CDs, they were of bands on indie labels.....

The reason major labels have lost sales is simply because mainstream music sucks....
Punkberlioz96
Date: August 7, 2003 @ 1:53 PM
Someone tell me where I can find a list of lables in the RIAA....
I need to make sure I never buy anything from them again....
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