Flaw in RIAA's latest plan?

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I had read an article in '08 about the RIAA deciding to stop suing people for illegal downloading, except for the most major offenders.

They want to go through the ISPs. This is what I read. If it appears you are downloading a lot, it will appear you are infringing copyright. They will send you a letter or email asking you to stop. If you continue, they will send you another warning. If that fails, then 3 strikes you're out and they simply discontinue your Internet service.

But there is more downloading than just illegal music and movies. I could have a lot of money and be a hardcore iTunes Store customer. Plus there is plenty of media available for free download, legally.

Yes, I agree completely. It is ridiculous that if people are simply "downloading too much" they should be assumed to be pirating. It's up to the record industry to PROVE THEIR CASES. What jerks they are for demanding automatic 'conviction' based not on what you are downloading, but how much.

I.e. in my case I download a lot of linux distros (install CDs, DVDs, VMs and etc); I'm not pirating a thing yet I have DL'ed many gigs in a month -- why should I at risk for losing my ISP's services? And then there's the albums I've downloaded in FLAC format (big files) that I paid for. The RIAA is being ridiculous.

I download a crapload of Linux-related and other free/open-source software. If they want to come check whether I've been pirating Ubuntu, my system has absolutely no illegal content on it whatsoever.

As of 2010, DOWNLOADING IS OBSOLETE.

After SONY sued someone in 2009, a copyless player was released to public domain.

3DTV is already public domain.

Everyone now has X-Ray eyes and can CLEARLY see the Emperor is Naked.

THERE IS NO RIAA. IT IS A FRAUD TO CALL YOURSELF THAT NOW!


Now that there are MANY DIFFERENT copyless players,
we decided to let SONY flail,
and start generating GOOD NEW MUSIC for COPYLESS PLAYERS.

Just in case SONY sues for losing the bet that they don't exist,
which means that *ALL* SONY BMG MUSIC may be played on a
copyless player henceforth!

What on Earth are you talking about, Mike???

As for the linux folks here - if the RIAA gets your ISP to shut down your service for "too much downloading", sue 'em both. Shouldn't be too hard to find an attorney to take the case for a share of the settlement money... (Just make sure first that you don't have any pirate content on your hard drive - you'll probably have to submit that into evidence at some point, or at least let their lawyers' computer guy take a look at it.)

RIAA loses.

We can hear music without them now, even if they turn off the internet.
There is a new way to make music that needs no discs anymore.
Everyone can make and share their own songs now. It will be easy.

The only thing the RIAA has done that was good, was the standardization of record equalization curve in the 50's so all record players could play all disks. The only way copy protection would work is if they just sent noise like on an old analog TV with no signal on all recordings and radio broadcasts and shut down the internet. You could copy any Audio/Video content with a set of speaker outs, a 1080p HDTV, a 1080p camcorder, and a computer with Firewire for the camcorder and enough line-ins for the speakers and adjust the volume to line-in voltage. They used to record TV broadcasts in the studio using something similar this method I think up until the 70's in the US.

RIAA = Recording Industry a**holes of America.

Not to be a grave robber, but it's my own thread and I decided to post an example... with person-ably identifiable information removed.

They've got me.

I logged into my Cox account one day to pay my bills and I've got several notices. I'm on my second strike, and three strikes you're out (I sure wish they'd email me instead of messaging my account on my ISP site!).


[i]Dear Customer,


This message is to advise that Cox Communications has received a notice claiming
that you are using your Cox High Speed Internet service to post or transmit
material in violation of U.S. Copyright law. We have included a copy of the
complaint, which identifies the party raising it and the material claimed to be
infringing.


We ask that you review the complaint and, if it is valid, promptly remove or
disable access to the infringing material. If you disagree with the claims in
the notice, you should contact the sender, and not Cox, to resolve the matter.


As an Internet Service Provider, Cox is responsible, under the Digital
Millennium Copyright Act ("DMCA"), to advise when we receive a notice asserting
infringement by you. We are also required to take appropriate action if further
claims are received that you do not resolve.
The material that you post or share online is your responsibility. Cox
encourages responsible Internet use, but we do not monitor nor control the
information you share. We have a duty, however, to take progressive steps when
we received complaints of infringement.


If we continue to receive infringement claims such as this one, concerning your
use of our service, we will suspend your account and disable your Internet
connection until you confirm you have removed the infringing material.


To learn more about your responsibilities concerning copyrighted material,
please refer to our help article at:
http://support.cox.com/sdccommon/asp/co ... f03a-42ba-
4de7-92da-4c6448f22d05


http://www.respectcopyrights.org/


Sincerely,


Cox Customer Security





--- Original Message ---

-----BEGIN PGP SIGNED MESSAGE-----
Hash:

Notice ID:
Notice Date: 13 Feb 2010 01:10:57 GMT

Cox Communications Inc.

Dear Sir or Madam:

BayTSP, Inc. ("BayTSP") swears under penalty of perjury that Viacom
International, Inc. has authorized BayTSP to act as its non-exclusive agent for
copyright infringement notification. BayTSP's search of the protocol listed
below has detected infringements of Viacom International, Inc.'s copyright
interests on your IP addresses as detailed in the below report.

BayTSP has reasonable good faith belief that use of the material in the manner
complained of in the below report is not authorized by Viacom International,
Inc., its agents, or the law. The information provided herein is accurate to
the best of our knowledge. Therefore, this letter is an official notification
to effect removal of the detected infringement listed in the below report. The
below documentation specifies the exact location of the infringement.

We hereby request that you immediately remove or block access to the infringing
material, as specified in the copyright laws, and insure the user refrains from
using or sharing with others unauthorized Viacom International, Inc. materials
in the future (see, 17 U.S.C. 512).

Further, we believe that the entire Internet community benefits when these
matters are resolved cooperatively. We urge you to take immediate action to
stop this infringing. We appreciate your efforts toward this common goal.

Please send us a prompt response indicating the actions you have taken to
resolve this matter, making sure to reference the Notice ID number above in your
response.
If you do not wish to reply by email, please use our Web Interface by clicking
on the following link:

Note: If your email program has inserted line breaks into either the email or
web links above, you can copy and paste the entire link into your email program,
or favorite web browser, respectively.

Nothing in this letter shall serve as a waiver of any rights or remedies of
Viacom International, Inc. with respect to the alleged infringement, all of
which are expressly reserved. Should you need to contact me, I may be reached
at the below address.

Regards,

Mark Ishikawa
Chief Executive Officer
BayTSP.com Inc. - as an Authorized Agent of Viacom International, Inc.
PO Box 1314 - Los Gatos, CA 95031
Phone: 408-341-2305 Fax: 408-341-2399
mtvn_p2p@copyright-compliance.com <mtvn_p2p@copyright-compliance.com>

*pgp public key is available on the key server at http://pgp.mit.edu

Note: The information transmitted in this Notice is intended only for the person
or entity to which it is addressed and may contain confidential and/or
privileged material. Any review, reproduction, retransmission, dissemination or
other use of, or taking of any action in reliance upon, this information by
persons or entities other than the intended recipient is prohibited. If you
received this in error, please contact the sender and delete the material from
all computers.

This infringement notice contains an XML tag that can be used to automate the
processing of this data. If you would like more information on how to use this
tag please contact BayTSP.


Evidentiary Information:

Notice ID:

Initial Infringement Timestamp: <InfringementTimestamp>>

Recent Infringement Timestamp: 12 Feb 2010 08:08:16 GMT

Infringers IP Address:

Protocol: BitTorrent

Infringed Work: Comedy Central- South Park

Infringing File Name: South Park - 1x00 - The Original Unaired Pilot (Vcd).mpg

Infringing File Size: 274989624

Last edited by CowboyFromHell on 18 Mar 2010, 11:51 am, edited 1 time in total.

Hey, you have Cox too! I got a letter once for d/ling linux distros because I went over a certain arbitrary limit. All I had to do was tell them I like linux and I fix comps for a living. Bam. No more letters!

The ones I hate are the ones that actually know what you downloaded, I got one of those for some programme I'd never even heard of. Turns out the idiot roomie set the router password to 'iloveyou', which is about as secure as 1234. So yea... you could try that too, though it'd be lying possibly.

And really, the RIAA knows they caint do much any more. That's what is with all the announcements about new stricter regulation. They're trying to scare you out of d/ling cause they caint sue you out.

Did I see something about letting 'unauthorized people' not see this material?
Not that I saw all that much that puts you at risk, but you probably should just post the text part.

Damn, I deleted a good portion but I just now spotted my IP again. Good thing I read your post, I must've hit the button and restored some stuff back in there. Possibly someone didn't spot it amongst all the mumbo-jumbo...