Posted by Jon Newton in on August 20, 2003 at 1:13 PM
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Hollywood now wants the 9th US Circuit Court of Appeals in San Francisco to dredge up its copyright-infringement claims against Grokster and Morpheus.
Judge Stephen Wilson ruled in April that Grokster and StreamCast's Morpheus can't control how people use their apps and that not at all incidentally, that both could also be used legally in some circumstances. Claims against Kazaa and Sharman are still pending.
The infamous 1984 Sony Betamax case, when the movie-makers did their best to outlaw VCRs on the grounds they'd seriously disrupt Hollywood's money-making abilities, was cited in the decision.
The announcement follows news that Grokster president Wayne Ross is reporting the music labels to the US Office of Fair Trading, claiming unfair business practices and restraint of trade.
"The District Court decision sharply departed from the law of the 9th Circuit and dramatically redrew the law of secondary infringement to set near impossible standards for liability in an online environment," says a Kansas City Star story.
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User Comments
seraphielx
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Date: August 20, 2003 @ 1:33 PM
kool dude wants to start the aim chat again copy past this into internet explorer
aim:GoChat?RoomName=boycott
and code they all want you there so join this time
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Suikiogiaz
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Date: August 20, 2003 @ 1:34 PM
Well if they're going to be persistent then we have to remain persistent as well.
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CodeWarrior
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Date: August 20, 2003 @ 2:32 PM
seraphielx
Wish I could right now...but have to go offline to do network maintenance and backup my system, so will probably be down for a bit. I sent you an email this morning and,,Suikiogiaz...USC is the US Code, Title 18 is the section most often used for computer related crimes.
OK...offlining we will go, Hi Ho, Hi Ho..don't do anything I wouldn't do in my absense...he he he

~code
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r0dr0ddy
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Date: August 20, 2003 @ 2:38 PM
Correction to this article: The US has no office of "fair trade", that's only in the UK. We have the FTC and DOJ to monitor for unfair business practices.
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directive
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Date: August 20, 2003 @ 3:02 PM
This is getting pretty hot, from the numbers on the previous article about Cary Sherman, the RIAA will be an industry below 30 Billion after this year. That means they have lost 10 billion in 4 years. Sounds like the worlds opinion of good music and business practices are changing, you can no longer screw the consumer and call it just trying to make a living.
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Hill875
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Date: August 20, 2003 @ 5:40 PM
Directive, they haven't lost a dime! Didn't Susie said that the sale of blank CD's has surpassed recorded CDs 2 to 1 ratio? I'll bet you they have broken even and maybe made some money.
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maddawg15
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Date: August 20, 2003 @ 5:48 PM
wait a minute, isnt it true napster, the first sort of p2p software in the world that came out, in the middle of 1999? ok, how come in early 1998 their sales started to drop? what did they blame that on? they say "it was a bad year", YA RIGHT!..... so now they have to blame their losses on something thats very minor... and on top of that, they are making their most loyal customers enemies...
WHY?!?! i mean, not only that, they are covering up their tracks with all this, cuz they been doing price fixing and what not in the past, and are still doing it till this day....
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wlfhcommishjava
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Date: August 20, 2003 @ 5:49 PM
the 9th circuit court is the most radical communist court in the country. so i dont expect much from them.
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goldenpi
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Date: August 21, 2003 @ 3:24 AM
The RIAA believes p2p is destroying their entire industry. If they didn't, they wouldn't risk the sue 'em all campaign. Wether it actually is causeing the sales drop is debatable, but the RIAA believes it is and acts accordingly.
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Morphmaster
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Date: August 21, 2003 @ 11:15 PM
well i say if the recording industry wants to really do some crack downs they would start doing attacks against the blank cd makers sony memorex etc i mean they are the ones really making the money from the MP3 trends arent they? So the RIAA has no sense of actual whos at fault here if they want to really do damage to MP3 pirates they can just try to stop those companies from making cds
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Big12inch
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Date: August 22, 2003 @ 7:54 AM
I dont agree with you Morphmaster. Blank cd's are used for more than music.
What the RIAA should be doing is starting there own blank cd sales...... well.... I wonder how much they would charge for a blank cd???
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CodeWarrior
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Date: August 22, 2003 @ 9:18 AM
Big12inch is right. I use blanks to backup my computers, to write home video too, to do large graphic projects on...in fact, the only time I put music on CDs is to back up the CDs I've purchased so I can play the backup and put the original up so it doesn't get scratched up.
And, as far as whether the RIAA believes that downloading is messing with their sales or not, think of it like this. Most of us acknowledge that many groups put out CDs with one or two good tunes and the rest are schlock/crap. The economy is down, disposable income has shrunk, and just about every sector has suffered from the current situation (that just coincidentally started getting bad when we got a bush league, court appointed commander in cheap). They know their artists are putting out crap and what's done is done. They know the economy is a big reason for everything to be off (dell just cut 22% off their computer prices). What is a copyright lawyer like Cary-Sue gonna do? Tell stockholders and others, "Sorry, nothing we can do, economy sucks and our artists are putting out crap?" Course not. He likes to think he has power and is proactive. The ONLY target he could go after legally was the P2Pers.
Is it possible that P2P downloading hurts revenue to the labels to some extent?
Yeah, I'll give you that. Is it possible that the real culprit is crappy songs and an economy so bad that companies in biz for over 100 years are going out of business? YES!
SO copyright lawyer, Cary-Sue decides to sue based on copyright. That's about as much a surprise that as if you go to a drug company and ask them what you should do for a headache, that they will suggest taking a drug? There's an old saying,
"GIVE A KID A HAMMER AND THE WORLD BECOMES A NAIL". Put a copyright attorney as the head of the RIAA and the world becomes a defendant in a copyright suit. LOL..don't bitch at a snake for biting you, that's what snakes do!
~code
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wabbitman
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Date: August 22, 2003 @ 9:31 AM
Code , my friend , let's not forget BOTH parties are at fault here . After all , it was "slick Willie" that signed the DMCA into law , and both Berman and Conyers are Dems as well.
WABBITMAN
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