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RIAA not even trying
Posted by George D. Ziemann on April 23, 2004 at 1:54 PM   (printer friendly)

by George Ziemann

With all the fear and loathing going on, it's easy to miss the fact that the RIAA's enforcement program has really gone nowhere so far.

So far, they've tried to obtain subpoenas for almost 2000 individuals, accusing them of copyright infringement. That only leaves 59.998 million file sharers to go.

They're obviously not very serious about this at all. Or they are incompetent.

Put yourself in Mitch "Itchy" Bainwol's shoes. If I were misguided enough to pursue this line of action as diligently as the RIAA has been, I would have sued about 50,000 people by now. It would be in the news each and every day -- more suits, more filings, more accusations.

"Sure, it would be expensive," I would convince the labels, "but either we get serious or give it up. You want to sue the rest of the demographic or not? Sales in the below-20 age group are already slipping. Come on, they'll forget all about this in 30 or 40 years and everything will be great again."

Get as many cases pushed through and collect as many settlements as possible before it becomes necessary to actually prove their case in court. From a purely capitalist perspective, this is the way to go.

59.998 million file sharers to go. Should be like shooting fish in a barrel.

But they're not doing that.


User Comments (These do not necessarily reflect the beliefs of this site)

fatherbrennan  
Date: April 23, 2004 @ 2:01 PM
I dont know what they are thinking. They have to realize eventually that this lawsuit business isn't going to work. For the record, I know lots and lots of people (seriously) that have bought games, music, movies, etc after downloading them. And they would NOT have bought them if they were unable to download them first. I haven't bought an album in about a year, but it's not because of file sharing (I actually dont download music, because today's music mostly sucks). I will buy new Slipknot next month though, they are the only "new" band I like.

stevebugge  
Date: April 23, 2004 @ 2:11 PM
You know how ridiculous the RIAA "suing for missed sales" startegy would be if it were applied in my industry (freight & Relocations)

"due to a decline in sales in the relocations industry, we are going to target people who we believe are depriving us of sales by sharing residence. That's right we are going to sue roomates, on the theory that they would have to move if they were not sharing a residence."

compmore  
Date: April 23, 2004 @ 2:41 PM
All this does is make consumers angry. I believe the industry is purposely not doing this seriously for a couple reasons. I know it's very easy to portray Mitch, Carey and the rest of the labels as clueless and brainless but as little as these guys appear to know about the technology I'm begining to think otherwise.

We know their goal is total control over ALL areas of distribution so they can dictate what the public sees and make the most money. They suceeded with Radio which they tried to kill. I'm begining to believe that all these forms of media advancement (vinyl, 8track, cassette, CD digital...) were developed more to circumvent the copying issues of the previous medias flaws in that area but were promoted as better for consumers to hide that. In some ways they were.

following through on that theory, what are they doing now? first a massive PR blitz. Including threats of lawsuits, their idea of education, and spreading the mantra of "PIRACY" and how it'll destroy their business. Same as before with cassestes and the VCR. What happened then is what's happening now. They are getting lawmakers and and manufacturers shook up enough to design new laws and hardware equipment to deal with this supposedly threat.

The entertainment industry knows full well the far reaching effects of the internet and know that this sue em all caimpaign will not matter at all by itself. It's a much broader caimpaign on all fronts designed to bring attention (from their point of view) to the issue so they can garner support from the powers to be to make changes their way as they did before.

So far it's too early to tell if it's working. there are setbacks and victory's on all fronts except for the PR battle where the industry is winning hands down. This is the Key. PR influences lawmakers (who really are the clueless and stupid ones in this fight) and beauocrates by swaying popular opinion.

I'm also conviced that the politicians, news media, and the entertainment industry is fully well aware of the enormous grass roots opisition that has yet to break the calm surface of the law and are doing everything in their power (especially the Media Who I consider willingly complacent to the issue) to keep it from breaking free.

The industry is not stupid as we'd like to think. they know exactly what they're doing. PR is the key to changing the hearts and minds of those who have the power. We'll win in court but so far we're doing lousy moving the masses

boggieman  
Date: April 23, 2004 @ 3:50 PM
They are purposely targeting those that they know don't have the money to fight them. That is why they haven't gone after more at once. They don't really want these cases to go to court, so they choose those that they know will settle because it would be cheaper for them to do so. Yes, they know perfectly well what they are doing. This way too makes for better PR for them, if you want to call it that.

mypostsucks  
Date: April 23, 2004 @ 3:55 PM
You under estimate the power of the dark side my young padawan. They know exactly what they are doing, going after 50, 000 people would bankrupt them and give them the kind of publicity they dont want. However, if they go after people in certain areas, the media will cover it, neighbors will find out, ect, ect, ect. And will compel more parents to watch over their children and what they are doing while behind a pc. This is a first step in a multiple stage program that will eventually allow them to have some sort of control over your privacy by forcing ISP's to carry certain software. Personally, its only a privacy issue for me, otherwise I wouldnt really care, if you want big label music that bad, why not buy it from Itunes or something?

gdZiemann  
Date: April 23, 2004 @ 4:13 PM
"if you want big label music that bad, why not buy it from Itunes or something?"

Who said anyone wanted it?

"You under estimate the power of the dark side"

But duct tape's power lies in the light side.

boggieman  
Date: April 23, 2004 @ 4:53 PM
I buy used music. You can find it at flea markets, yard sales, garage sales, local shops offering used games,music,movies,software etc. But I suppose one day the "industry" won't like that either and try to control used market sales as well. I won't buy new anymore. Cost too much and I feel better not to be "gouged".

fatherbrennan  
Date: April 23, 2004 @ 4:59 PM
Sorry, but no, they don't know what they are doing. This BS about stopping file sharing has gone on since the days of the lawsuites against Napster (damn, that was years and years ago). What has been accomplished since then? Do parents watch their kids more? No. Do people refrain from downloading? No, they download more. For some of us this is only a privacy issue, but for me, it's about the killing of the rights of the musicians. The movement against file sharing has nothing to do with low record sales, nothing to do with theft of "copyrighted material". That's what the RIAA says, but that's not the reason. The real reason is CONTROL. Period. With file sharing, the RIAA can no longer control what you listen to. They can no longer control independent artists and keep them from getting big time exposure. The major labels are not afraid of stealing, "piracy", copyright infringement, etc. You want to know what's really going on here? Its simple. The labels don't want you to find out that the music they dish out at you sucks until AFTER you drop 15 bucks on it. With file sharing, you can find out it sucks BEFORE dropping the money, and hence, never buy it. They also don't want you to find out that there are bands that are 10 times more talented than the ones they expose you to on the radio, because then you would buy from independent artists instead of major label artists. File sharing is the best thing to happen to music since it's creation. It's a return to talent in music instead of image. A return to creativity in artists instead of breast implants and fake tattoos.

awehr  
Date: April 23, 2004 @ 5:21 PM
"f I were misguided enough to pursue this line of action as diligently as the RIAA has been, I would have sued about 50,000 people by now. It would be in the news each and every day -- more suits, more filings, more accusations."

theyre trying to avoid the inevitable government backlash from attacking an entire social class.

Theyre also trying (and apparently succeeding) to convince the government that we p2p users are but a "tiny fringe group".

and we all know 50,000 people do not compose a "tiny fringe group"

raoulduke1  
Date: April 23, 2004 @ 5:24 PM
Friends of mine in IRC chat rooms just told me that a kid in Denmark hung himslef after he recieved notice that he was a target of the fastlink investigation.

INeedAlover  
Date: April 23, 2004 @ 5:29 PM
fatherbrennan

I LOVED your points, they make the most sense out of this whole mess! I couldn't have said it better myself!

CONTROL is what the RIAA is after. They had it, and now they are losing it. And the RIAA labels want that control BACK!! The only way we can fight BACK, is for us to take control back. There are MANY ways this can be accomplished, but the most effective way the average person on the street can do this is simply by NOT BUYING RIAA MATERIAL!! TOTAL BOYCOTT until they "get" the message.

CodeWarrior  
Date: April 23, 2004 @ 5:30 PM
Think about this...the RIAA is headed up by Cary Sherman...an "intellectual property lawyer"....his response to the problem...SUE EM ALL...

If you give a kid a hammer, the world becomes a nail....

It's a matter of being blinded by the tools of your trade...

fatherbrennan  
Date: April 23, 2004 @ 5:30 PM
Right on!

hawk7771  
Date: April 23, 2004 @ 5:34 PM
http://www.fanta.dk/showmovie.asp?mid=944C6BB6-BEFD-47BE-9D8A-C5AAC1FD6147

fatherbrennan  
Date: April 23, 2004 @ 5:37 PM
If the major labels would just utilize file sharing to their advantage instead of fighting it by suing their own customers, none of this would of ever happened, and this website probably wouldn't even exist. It's all pretty insane.

compmore  
Date: April 23, 2004 @ 5:54 PM
All good points and I agree whole heartedly with fatherbrennan except I honestly feel they know what they're doing for the reasons I've stated. Control is the main issue and thats done through a combination of elements and all elements have to be played. the sue em all is totally phsycological and part of a bigger plan of theirs. Legislation is another. look what they did with radio, same thing, and who controls radio? They did it with VCR's and who makes the most money off of VCR's?

Underestimating their plans and abilities is our greatest weekness

awehr  
Date: April 23, 2004 @ 5:54 PM
"Friends of mine in IRC chat rooms just told me that a kid in Denmark hung himslef after he recieved notice that he was a target of the fastlink investigation."

yep.. that sounds about right.. we're talking about young people who believe in freedom.. I'd fight back.. but it appears this one would rather die than be held captive for the wrong reasons.

pizzariaa  
Date: April 23, 2004 @ 5:58 PM
This can easily be compared to bullfighting. If you only have one bull to worry about, you can stick its balls in a vice and kill it fairly easily. Sort of like when a big corporation (the sword) sticks it to a single, outraged customer (the bull). I don't know what they call it when they release all of the bulls into a city for a yearly celebration but that can be compared to a lot of pissed off consumers. It is easy for an armed bullfighter (business) to gang up on a single bull (person) but when they anger a lot of them (people), they (business) can't control them all and they run and hide until the situation cools down.

darkened03  
Date: April 23, 2004 @ 6:06 PM
"Friends of mine in IRC chat rooms just told me that a kid in Denmark hung himslef after he recieved notice that he was a target of the fastlink investigation."

Operation Fastlink all it does is make me think of that poster "No he's not coming home. Families torn apart by file sharing" over and over again. This Operation is seriously fucked up and i hope every single person apart of it dies. I am not kidding in the slightest, if they won't die atleast they should don a SS uniform and follow the proper salute for their organization.

fatherbrennan  
Date: April 23, 2004 @ 6:08 PM
Maybe you are right compmore, maybe they do have a more diabolical and organized plan than I give them credit for. But when I look at the whole picture, at how rediculous the lawsuites are, it's just hard to take them seriously. But they can definitly do some damage. It's like a monkey with a gun, not especially intelligent, but potentially very dangerous.

awehr  
Date: April 23, 2004 @ 6:40 PM
has anyone ever seen the epsode of that cheesy series called LEXX (2.99) entitled "the end of the universe".

the premise of it is the most powerful weapon.. LEXX, is now outclassed, not by another larger weapon.. but by simple construction drones in exceedingly vast numbers.

The crew of the lexx somehow wins by manipulating those drones into destroying themselves, but at tremendous cost to them.(one of the 2 universes collapses).

I somehow think of this stuation in the same way. I hope the collective intelligence of the people is greater than that of those drones.. that will be the primary factor in the way this battle sways.

It is braun vs a very intelligent brain.. and, while each one of us is intelligent, the collective is certifiably stupid (though strong).

Suikiogiaz  
Date: April 23, 2004 @ 6:59 PM
I believe they know what they are doing, but the question is will they suceed? Are they really insane, or are they just repeating the same path they have taken against other technology of yesteryear(i.e. radio)? Though a lot of the circumstances have changed, history often repeats itself, and thats what the question really boils down to and its what we have to focus on. Like compmore said, we haven't affected the masses substantially. There is still time though, as it appears the general consensus on these issues is indifference, BUT as those in power, the DOJ, the FBI, ect start moving towards taking an affirmative stance on either side of the issue, our ability to influence the masses is bound to dwindle.

Deliriou5  
Date: April 23, 2004 @ 7:04 PM
This whole mess reminds me of a story I heard once about a flea climbing the back side of an elephant with rape on his mind.

Suikiogiaz  
Date: April 23, 2004 @ 7:05 PM
btw, its good to see you on the boards fatherbrennan. I believe you are very correct in citing a large source of their seemingly irrational behavior, sort of like a beast in fever before its demise. Or perhaps not. Perhaps its just continuing processes they've executed before. Hmm... I wonder if they saw Radio as the beginning of the end or simply a system that must be controlled... and if they share that same feeling with P2P.

stevebugge  
Date: April 23, 2004 @ 7:10 PM
These wre first widely circulated in a book by a character named Celon Skousen, who dpending on who you ask was either a brilliant political scientists or a right-wing nut (the truth is probably somewhere in between) but somehow the current line of discussion reminded me of it. Maybe we should come up with a "List of RIAA Goals"

1963 Communist Goals

The communist goals were entered into the Congressional record by Albert Herlong, Jr. (a Floridian who served in Congress from 1949-69).

1) US acceptance of coexistence as the only alternative to atomic war

2) US willingness to capitulate in preference to engaging in atomic war

3) Develop the illusion that total disarmament by the US would be a demonstration of "moral strength"

4) Permit free trade between all nations regardless of Communist affiliation and regardless of whether or not items could be used for war.

5) Extension of long term loans to Russia and Soviet Satellites

6) Provide American aid to all nations regardless of Communist domination

7) Grant recognition of Red China, and admission of Red China to the UN.

8) Set up East and West Germany as separate states in spite of Khrushchev's promise in 1955 to settle the Germany question by free elections under supervision of the UN

9) Prolong the conferences to ban atomic tests because the US has agreed to suspend tests as long as negotiations are in progress

10) Allow all Soviet Satellites individual representation in the UN

11) Promote the UN as the only hope for mankind. If its charter is rewritten, demand that it be set up as a one world government with its own independent armed forces. (Some Communist leaders believe the world can be taken over as easily by the UN as by Moscow. Sometimes these two centers compete with each other as they are now doing in the Congo)

12) Resist any attempt to outlaw the Communist Party

13) Do away with loyalty oaths

14) Continue giving Russia access to the US Patent Office

15) Capture one or both of the political parties in the US

16) Use technical decisions of the courts to weaken basic American institutions, by claiming their activities violate civil rights.

17) Get control of the schools. Use them as transmission belts for Socialism, and current Communist propaganda. Soften the curriculum. Get control of teachers associations. Put the party line in text books.

18) Gain control of all student newspapers

19) Use student riots to foment public protests against programs or organizations which are under Communist attack.

20) Infiltrate the press. Get control of book review assignments, editorial writing, policy-making positions.

21) Gain control of key positions in radio, TV & motion pictures.

22) Continue discrediting American culture by degrading all form of artistic expression. An American Communist cell was told to "eliminate all good sculpture from parks and buildings", substitute shapeless, awkward, and meaningless forms.

23) Control art critics and directors of art museums. " Our plan is to promote ugliness, repulsive, meaningless art".

24) Eliminate all laws governing obscenity by calling them "censorship" and a violation of free speech and free press.

25) Break down cultural standards of morality by promoting pornography, and obscenity in books, magazines, motion pictures, radio and TV.

26) Present Homosexuality, degeneracy, and promiscuity as "normal, natural, and healthy".

27) Infiltrate the churches and replace revealed religion with "social" religion. Discredit the Bible and emphasize the need for intellectual maturity, which does not need a "religious crutch"

28) Eliminate prayer or any phase of religious expression in the schools on the grounds that it violates the principle of "separation of church and state"

29) Discredit the American Constitution by calling it inadequate, old fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.

30) Discredit the American founding fathers. Present them as selfish aristocrats who had no concern for the "common man".

31) Belittle all forms of American culture and discourage the teaching of American history on the ground that it was only a minor part of "the big picture:" Give more emphasis to Russian history since the Communists took over.

32) Support any socialist movement to give centralized control over any part of the culture - - education, social agencies, welfare programs, mental health clinics, etc.

33) Eliminate all laws or procedures, which interfere with the operation of the Communist apparatus.

34) Eliminate the House Committee on Un-American Activities.

35) Discredit and eventually dismantle the FBI

36) Infiltrate and gain control of more unions.

37) Infiltrate and gain control of big business

38) Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand or treat.

39) Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.

40) Discredit the family as an institution. Encourage promiscuity and easy divorce.

41) Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding of children to suppressive influence of parents.

42) Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special interest groups should rise up and make a "united force" to solve economic, political, or social problems.

43) Overthrow all colonial governments before native populations are ready for self-government.

44) Internationalize the Panama Canal.

45) Repeal the Connally Reservation so the US can not prevent the World Court from seizing jurisdiction over domestic problems. Give the World Court jurisdiction over domestic problems. Give the World Court jurisdiction over nations and individuals alike.

stevebugge  
Date: April 23, 2004 @ 7:10 PM
And lets not forget the infamous goal number 46, spread typos all over the internet :)

compmore  
Date: April 23, 2004 @ 7:12 PM
I like that word, diabolical.

gdZiemann  
Date: April 23, 2004 @ 7:24 PM
RIAA's GOALS

1) Own everything

2) Overcharge

3) Discard the Artist

4) Sue the Customer

fatherbrennan  
Date: April 23, 2004 @ 7:27 PM
Yes, diabolical is one of my favorites.

fatherbrennan  
Date: April 23, 2004 @ 7:28 PM
I'm glad to be here as well Suikiogiaz, thanks for the compliments!

ShadowMom  
Date: April 23, 2004 @ 7:43 PM
It seems the more money people have, the more they worry about losing it. They spend a lot more time worrying than I do. I wonder what this little adventure cost taxpayers, especially in an election year. Capturing the music is probably expensive, no?

boggieman  
Date: April 23, 2004 @ 7:44 PM
This whole mess reminds me of a story I heard once about a flea climbing the back side of an elephant with rape on his mind.

Got to be an interesting story behind this, eh?

and.....cheesy series called LEXX

Cheesy is right. Perhaps it has something in common with that flea above......


debazoz  
Date: April 23, 2004 @ 10:19 PM
hawk7771: loved the link.

theHERMlT  
Date: April 24, 2004 @ 9:54 AM
The real darkside is in the government, who are using the money that the RIAA is lobbying them with as a platform to take the anonymous nature of the internet away from the public, along with our anonymous vote, as well as our right to speak out with discontent against them.

Really the RIAA, are stooges in a much bigger game. Didn't anyone see "Starwars: episodes 1 and 2" and get it?

battousai99  
Date: April 24, 2004 @ 12:55 PM
The main problem with the RIAA is that they disregard the number one rule of business: the customer is always right. Most popular artists are not popular b/c people like them, but b/c the RIAA shoves them in our face. I mean how many people really like Britney Spears' music? Also it is common knowledge that people don't buy music much b/c it is too expensive, but the RIAA doesn't care what they have to say. People obviously like file sharing, but the RIAA has made no effort to integrate a system where the public and the RIAA can coexist. They are enemies of the true American way: competition in business. The right way would be to try hard to meet public demand and make qualtity products and good prices. They feel threatened by indepentdents, so instead of competing, they illegally monopolize the industry to where they have absolute CONTROL, which as stated above, is the main issue. Right now independents have nothing except the Internet, which its days are fearfully numbered if the RIAA has its way.

gdZiemann  
Date: April 24, 2004 @ 4:01 PM
There is no competition because the industry is lazy. It is harder to pull something different out of the ocean of "unsigned" artists than it is to pre-fabricate something that sounds the same as what sold last month.

You simply cannot promote creativity by following trends.

mmnuc3  
Date: April 25, 2004 @ 11:10 AM
BTW...the RIAA wants the gov't in on this scheme. Their propoganda machine is limited, the gov'ts is not. Also, another ex. of the gov'ts propoganda machine...the idea that communists are evil. How can you expect the gov't to respect our freedom of speech if they're trying to limit other peoples

battousai99  
Date: April 25, 2004 @ 1:55 PM
Sorry, I meant to say most popular "artists" are popular not because people like them, but because the RIAA shoves them in our face.

And I didn't mean to imply that Britney Spears was worthy of the title "artist."