Spyware Confidential

Larry Dignan, Jason Perlow, Tom Steinert-Threlkeld

RIAA and DMCA madness

By | April 24, 2006, 8:42pm PDT

The RIAA has struck again, this time suing a family that has no computer and no internet connection.  The federal lawsuit was filed in Rome, Georgia against a family in Rockmart, GA. The RIAA charges that the Walls family infringed on copyrighted recordings by file sharing on the internet. When told of the lawsuit, James Walls said he was unaware of the lawsuit since he had not been served yet – he asked, "How can they sue us if we don’t even have a computer?"

Indeed. You can read the report here at KNAC.com, via Techdirt. The Techdirt article says the family did own a computer for about 2 months but it was over a year ago. Carma Walls admits to downloading a some songs.  Apparently the RIAA lawsuit alleges the Walls continue to use file sharing applications, but how they manage to do that without a computer is beyond me. I’m no fan of file sharing, never used it, but I detest the RIAA’s heavy handed tactics. I’m hoping the RIAA will be their own undoing someday.

In other news, the Inquirer and CNET are reporting that a proposed law would make just *knowing how* to bypass copy protection illegal. The proposed legislation is endorsed by the RIAA, among others. I guess that should come as no surprise.  Declan McCullagh’s write up at CNET has a good breakdown of the proposed legislation. Excerpt:

The 24-page bill is a far-reaching medley of different proposals cobbled together. One would, for instance, create a new federal crime of just trying to commit copyright infringement. Such willful attempts at piracy, even if they fail, could be punished by up to 10 years in prison.

Does that mean if I download a song from iTunes, burn it to a CD, then rip the CD to my computer as a WMA or MP3 file so I can load it on my Creative MP3 player I might go to prison for 10 years? Oh, wait. I don’t have to actually do it, just attempt to do it. Sheesh. How about if I just think about doing it?  Can the RIAA and DMCA regulate my thoughts, too?

I think this legislation is leading down a treacherous road, and the folks at the Electronic Frontier Foundation (EFF) seem to think so, too. You might have heard about the dog that had his chain shortened one link at the time, every few days, until his chain was so short he could barely move. The dog never resisted because he was conditioned to the loss of his freedom slowly over a period of time.  Are we in this country becoming like the dog?

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Biography

Suzi Turner is webmaster and owner of SpywareWarrior.com, a comprehensive site that includes a spyware help forum, spyware blog and reviews of anti-spyware software by noted spyware expert Eric L. Howes. Suzi became angry about spyware in 2002 after being infected by a drive-by-download of a browser hijacker and unwanted adware/spyware and decided to help others in the same predicament. In April 2005, Microsoft awarded Suzi its MVP (Most Valued Professional) Award in recognition of her work to help internet users protect their privacy by removing and preventing spyware. Suzi is also a nurse for a national disability management company.

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This legislation
bumberfsck 4th May 2006
Would be shot down in the Supreme Court.
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Suzi, we have become like the dog...
Tony Agudo 24th Apr 2006
Sadly, each time our fair use/first sale rights have been whittled away, the majority of the population(read: non-techies) is totally unfazed, until it reaches a point where it's blatantly obvious, but too late to reverse the damage easily.

If the IPPA was passed last November, Mark Russinovich would not have been at liberty to reveal his discovery of Sony XCP/Mediamax, for example. This shows one very possible reason for pushing IPPA: shoving bad DRM schemes to the public without fear of being sued. If anyone reveals how to circumvent a bad DRM, the DRM vendor can simply invoke the IPPA with the threat of 10 years of prison, the would-be whistleblower caves in, and the consumers continue to get stiffed.

I'd say it's time for the dog to start biting the hand that shortens the link. In other words, we should start letting our Representatives know what we really think of this horrendous legislation, before it's too late. Or a demonstration would help, too.
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OOOH BROTHER...
Yes Yes Yes 25th Apr 2006
You listed the response to this blog in 1/2 pt font that couldn't be copied and pasted into a word processor.

Isn't that exactly what you were griping about? I had to register to complain about that, and it was still that way when I finished.

Blogs are crap anyway. I probably could've edited it in HTML, but I'm lazy and Congress hasn't looked hard enough for all of the morons, stopping at 1600 Penn. Expect them to care.
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We are not dogs. We are sheep.
fishellr 25th Apr 2006
As much as I hate the DMCA, it's just an indicator of a much larger problem. We Americans have become content to let the Government do anything it wants. They are the dogs. The RIAA and the rest of the entertaiment industry rings the dinner bell and they salivate.
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I agree...
ju1ce 25th Apr 2006
They are slowly diminishing your rights, and American consumers are either uneducated about what is happening, or just don't care.

Heck some even support the efforts (which is going to be funny when it goes to far and they suddenly switch sides).

I'm glad in Canada I'm still able to copy a CD to my HD and not get into trouble. :P Although lately I admit I have been P2P'ing some albums to try them out to see if they are worth buying. I like originals.

Again, in Canada the RIAA can send me a warning and I can just ignore it. It is my right to do so.

Although it would be funny to see the RIAA send me something like that seeing as I've always purchased NON-PROTECTED CD's happy

I refuse to buy protected CD's. Why support something I am against, since it's taking away any rights I have to using the product I just purchased. Kind of like that one link at a time thing you're talking about.
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... or they might take the key and toss it. The long arm of US law may not reach into Canada to extradite you but if you run afoul of US law and you are caught while visiting ... see ya when your prison term is done.
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The market will decide
tic swayback 25th Apr 2006
Two things make me a bit more optimistic than you seem to be:

1) Long term, the market will decide. Buying music or paying for movies are luxury items. If the RIAA/MPAA continue their push, and make their products less and less attractive, people will stop buying them, and spend their entertainment dollar elsewhere. This will hasten the demise of the big entertainment companies, which leads to part 2

2) The demise of the big entertainment companies. Record companies no longer have anything of value to offer an artist. Smart artists are catching on to this, and are instead running their own businesses, outsourcing things like distribution and promotion, and keeping the bulk of their earnings, something they couldn't do with a major label contract. Clap Your Hands Say Yeah is a prime example. As the mega-corporations die off in the entertainment industry, we'll instead be dealing with individual artists, who are less likely to treat their fans with such disrespect.

Here's another horror story for you by the way. Early last year, the RIAA sued a dead woman for sharing songs. They sent a warning letter to Gertrude Walton, who was deceased. Her daughter sent a copy of her death certificate to the RIAA's lawyers, who went ahead and filed the lawsuit anyway. Brilliant:
http://www.theregister.co.uk/2005/02/05/riaa_sues_the_dead/
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Nonsense in a Totalitarian World
WinnebagoBoy 25th Apr 2006
I could not disagree more. Digital rights and DRM are insidious systems designed to control distribution and dissemination of information on a digital and universal scale. It is far far bigger than just music and videos. If you are a Brit, you should know this more than anyone, as you walk down the street and your movement is monitored the total distance. Add to the mix RFID, financial systems, DRM and the new laws going forward and you have a genuine totalitarian state, presto.
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Separate issues
tic swayback 25th Apr 2006
Not a Brit, but you do have a point about what DRM is really meant for--it has nothing to do with stopping piracy, it's all really about controlling people.

In the case of the RIAA/MPAA though, it's about controlling how you interact with your entertainment products. It's about creating new revenue streams from actions that one can now perform for free. So I see this differently from the other issues you've mentioned, because deciding where to spend your entertainment dollars is a very different issue from surveillance or carrying an RFID tagged passport. For entertainment, we have a choice, we can take or leave the RIAA's products. Furthermore, the RIAA are a dying dinosaur, and if anything DRM will merely hasten their demise.
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Let me rephrase my point
WinnebagoBoy 25th Apr 2006
Swayback, I guess I did not go into enough detail. Let me give you some examples.

I have mpeg and avi files I created myself, which I own, being representative of sales tools of my designs which I cannot look at. No one can. Every computer, every revision of DRM, of software, of codecs, of operating systems has a huge effect on access to data. finding the right piece of software to review the data sometimes does not work because drm does not know who I am, it just flags the data as belonging to this hard drive or the other or this cd or the other, so the net effect is that ordinary people at some point in the future won't be able to review or use their own content.

It reminds me of the Master Resource Controller from the movie Tron, so many years ago. Who'd a thunk it. It is about management of information. Music and Videos from the studios are information, just as the animation you create from your own designs on a piece of modeling software circa 1998. You have no idea whether you will be able to get to it ten years down the road. No guarantees. I have proof positive that this happens.
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Why did you DRM your own files?
tic swayback 25th Apr 2006
---I have mpeg and avi files I created myself, which I own, being representative of sales tools of my designs which I cannot look at. No one can.---

Did you include DRM on your own files that you created? If so, why?

If not, isn't your argument more about file formats, rather than DRM? If I have an un-DRM'ed jpeg, who is to say that programs that view jpegs will exist 20 years from now? I can't find very good players for my recordings on wax cylinders either. It is a serious issue for any archivist, any library, any government (hence the whole ODF controversy).

And despite your fears, there will always be players that play non-DRMed files. That's what open source is for--putting the needs of the users above the needs of the corporations.
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I did not `drm' them. The computer did.
WinnebagoBoy 25th Apr 2006
The DRM got attached to the files when they were published by the computer to old websites no longer in existence, or the codecs are obsolete or someone got sued and I cannot therefore use the version of mpeg or avi. Heck, I don't know why the files are not accessible, but I do know that the DRM was the cause of the problems. Thats in Digital Rights Management by the software not by me. I don't think people realize how serious a problem this is in the long term for legacy files. Kind of like still trying to launch a space shuttle on hardware designed in 1984.
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People are becoming aware
tic swayback 26th Apr 2006
Take a look at all the furor over governments demanding open file formats for all public records, and you'll see that at least some people out there are realizing the pitfalls of obsolete proprietary technologies.
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This legislation
bumberfsck 4th May 2006
Would be shot down in the Supreme Court.

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