"If the recording industry can uncover your identity simply by claiming that a copyright violation has occurred, then the Chinese government can use the same tool to find out the name of a dissident, and a batterer can use it to find out the address of a domestic violence shelter," says ACLU staff attorney Christopher Hansen.

The American Civil Liberties Union wants a federal court to quash an RIAA subpoena in one of the first constitutional challenges to the Digital Millennium Copyright Act subpoena clause used by the RIAA to terrorise file sharers.

The 20-page motion was filed on behalf of an anonymous Boston College senior who was advised by her school that the RIAA is trying to get her name via one of its sue 'em all a subpoenas.

A 'normal' subpoena call for a case to be filed and evidence presented to support it.

But under the DMCA, an ordinary court clerk can issue a subpoena virtually on demand without a case being made, or evidence being submitted.

The ACLU and Jane Doe's attorneys say the DMCA provision is "totally lacking in procedural protections," making it "an invitation to mistake and misuse."

"But under the DMCA, an ordinary court clerk can issue a subpoena virtually on demand without a case being made, or evidence being submitted."

Or proof of ownership of the copyright. Just a simple statementis all it takes. And we all know how often the RIAA misrepresents the truth.

Need an example? To this day they still use the term Napster like website and imply that you could download files directly from Napster, when in fact you downloaded files from another Napster user. They use the term "Download music from Kazza" or any of the file sharing services. NONE of the file sharing "services" have direct downloads...you download from the other users of the software the "service" created. This is an important distiction.

This one should be interesting to watch. I wonder if the Music Dictators have finally met their match?

Damn straight!! Sue those bastards!!

Good to see that the ACLU is attacking the validity (to some extent) of the DMCA. I sure hope that someone in the hearings will take a stand against the absurd copyright terms that were set up by the 1998 Copyright Extension act as well. I don't see how the RIAA or the MPAA could defend the validity of these copyright law excesses in a public forum - but somebody needs to bring them up and make an issue out of them.

I see also that they've raised some points I've made in the past, to wit: about the potential precedent for repressive regimes. But I'd noted that China constantly monitors the computer use of its citizens for "unauthorized" political activity -- which has appeared to be something of a precedent in itself for the RIAA's own spying, the differences notwithstanding.

And it also appears that the RIAA and MPAA are like vampires in one regard -- if you shine the truth in their face, they can't handle it and retreat to their delusional darkness.

I went to the RIAA website trying to find out if it's illegal or not to just download music, so i found it in the FAQ. Their answer for "is downloading illegal?" was "Yes and no"
Thanks for answering it.

ok, so Bush is in favor of the RIAA, which means he's also in favor of putting the finding of "virtual shoplifter" above the priority of finding terrorists.

And now I hate Jewel because she says that if 4.5 million of her albums were downloaded, then that 4.5 albums she could have sold. She's even dumber than she looks.

Here's something to think about:
~~doesn't sony make portable mp3 players?
~~don't they also make Music CD-Rs?

I call that entrapment.

Until June, the RIAA was paying people to get music on the radio so that the public could listen to it for free.

The payees were called independent promoters.

Frankly, I think you P2P users are going about it all wrong. Everyone that is sharing RIAA music is not cheating them, they're providing a free service. It's called promotion.

If I used P2P, the RIAA would have to pay me to post their songs. Otherwise, it's just free advertising for them.

twlnki, sony is one of those big conglomerates. They have people going one way (technology) and people going the other way (RIAA).

For example, AOL made Gnutella and WASTE. (Well, it was from a company they bought which also makes winamp, and AOL deleted the GNUTELLA and WASTE projects, but you get the point.)

Big companies' left hand doesnt know what it's right hand is doing.

Actually, thumbtack, Napster had a central server, it was not a true p2p network. Having the central server is what made it so easy to shut down.
Course, when gnutella came out, i said the protocol was lawyer-proof.
shows how much i know...

~time flies~

this is offtopic, but here's a hilarious picture from one of CodeWarrior's sites-

http://www.geocities.com/codewarrior_wins/sueforfood.bmp

link didn't work. darn it.
trying again. if there is a br tag, take it off

gdZiemann - You are a constant source of misinformation. The RIAA does not pay independent promoters, it is the record labels that pay promoters. Also, the labels are still paying indepedent promoters, it did not stop in June.

As far as Jewel goes, she wishes 4.5 million people would d/l her albums. And out of those 4.5 million the ones who were going to buy it in the first place still will. The other 4.4 million will listen and if they like it, might buy something else of hers or (gasp) play it for a friend who might buy it. Most will delete it when they can't stand it. But my point here is when these people wake up and realise the P2P is the best form of free advertising they have ever gotten, then maybe they will come over to our side

gd.. I understood what you were saying, that the riaa MEMBERS were paying indy promoters.. But, Riaalover has a point. All the "wrong people" and "wrong issues" are on the "inside track" to this dmca garbage. Why? Because we were asleep at the wheel, or thinking our vote doesn't matter, or so angry that we didn't do anything for protest. WRONG!! We must heed riaa's arrogant attitude.. while quietly arming ourselves.. with arms and weapons?.. NAH.. that never really works.. but with a concerted effort to register and vote this garbage out. The Bulbous arrogance of these politi-lobbyists can only be rendered to the outside of the POLITICAL PROCESS in this country by one thing.. our vote. New T-shirt logo: one file-sharer, one vote! to be politically active in the most meaningful way doesn't take money, really, but time. Get registered. Get a couple of qualified friends or family to do the same. Hitem' in the wallet: BOYCOTT! Hitem' in the congress: REGISTER AND VOTE!

ARE YOU REGISTERED AND READY?

The only problem is that currently, over 37 states are using then touch screen voting machines. They have a known back door and wireless connections and are proven to be "hackable" and they are made by DIEBOLD, Inc. and the head of Diebold has already professed his complete allegiance to Mr. Bush, and I believe he said something like he would do whatever it took to get Mr. Bush re-elected. I think the fix is already in...and there will be no hanging chads to count when its just ones and zeros!
-bulkeraser

bulkeraser and at anytime they can change everything so it's easier to FIX an election. I'm from Florida and when my son got his license at 18 he was suppose to be registered to vote.. he never got his voters card! They're excuse was that he was suppose to get a card and fill it out, well we never recieved that either cause when my son went in they ask which party... he's democrat so the whole darn thing was fixed in my opinion. Odd how Jeb KNEW his brother had won Florida when they said that Gore had won now isn't it?Along with many others who were sent to the wrong precincts up in Tallahassee how convienient. Using computers is the wrong way to go when it comes to voting PERIOD!