Legal Issues

Legal Issues

by Mike Masnick




Congress Critters Threaten To Pass Laws Forcing Universities To Obey RIAA

from the money-well-spent dept

You may have noticed that the RIAA decided that 2007 was the year that they would try to piss off college students around the country by assuming they were all criminals and making sure that they're even less interested in supporting legal and authorized music options. The RIAA started out with its "pre-settlement" offers, where it hoped that students accused of file sharing would agree to pay up early, without having a chance to even see or respond to the flimsy evidence the RIAA had on them. Following this, the RIAA convinced some grandstanding politicians to threaten universities that didn't do more to stop file sharing, even as various universities wondered why it was their responsibility to spend their time and money dealing with the RIAA's inability to find a new business model.

It appears that the money the RIAA is spending on campaign donations is well spent, however. With the universities not falling into line as expected, Congress held hearings where various politicians blasted universities for not taking a more proactive stance and threatening to withhold federal money from universities that don't play by the RIAA's rules. The quotes are stunning for both their ignorance and clear bias from the start. It starts off with Science and Technology Committee Chair Bart Gordon saying that it's not just about royalties: "It clogs campus networks and interferes with the educational and research mission of universities." Whether or not that's true is debatable, but isn't it up to the universities, not Congress, to decide what to do about it?

Then there was Rep. Jim Sensenbrenner claiming that file sharing "[drives] up the cost of education" without offering a shred of evidence that this is true. Even so, there are lots of things that drive up the cost of education (textbooks and good professors for example), and no one's complaining about them. Then, when two university representatives gently tried to note the problems with filtering technology (it doesn't work very well, has many more costs in terms of managing, blocks perfectly legitimate uses and can damage the network) while also daring to point out that this is really a business model issue for the entertainment industry, our wonderful Congressional representatives "accused them of not taking seriously the viability of technological solutions." Who do you think understands the viability of technological solutions better? The chief information officer for the University of Chicago or a bunch of politicians? It seems clear they had no interest in actually hearing about why such technologies have additional costs, and only wanted to make it known that they were going to start withholding money, no matter what the unintended consequences.

24 Comments | Leave a Comment..

 
 

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  1. Jun 7th, 2007 @ 4:03am

    think positive

    by MooseDog

    "Who do you think understands the viability of technological solutions better? The chief information officer for the University of Chicago or a bunch of politicians?"

    maybe a positive will come out of this hearing, to wit: the cio's will return home thinking "what a bunch of shills. i'm talking to our lawyers", who in turn will have the guts to advise a firmer policy vis-a-vis the riaa's aggressive pursuit of the universities.

    (reply to this comment) (link to this comment)

  2. Jun 7th, 2007 @ 4:48am

    Overstepping.

    by The infamous Joe

    I shave my head solely so I cannot rip out my hair when I hear of the RIAA and their funded antics.

    It's scary that these men, like Rep. Tom Feeney (R-Fla.), were actually elected into office, when he spouts such nonsense as:

    "Is it responsible for a Congress that wants to protect intellectual property rights to continue to fund network enhancements for universities if some of those enhancements are indirectly being used in fact to promote intellectual property theft?"

    So, if crimes are committed on roads, pull funding on roads, right? Is there a reset button on the government? Oh yeah, the founding fathers wrote one in there for us:
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security..

    Also, it mildly amusing that Greg Jackson, chief information officer for the University of Chicago, nailed the DRM on the head, when it seems that the RIAA just can't understand it. Mr. Jackon's wonderful quote for your viewing pleasure:
    "So long as the right thing remains more daunting, awkward and unsatisfying than the wrong thing, too many people will do the wrong thing," Jackson said, referring to the digital rights management technology used widely in legally purchased music files.

    (reply to this comment) (link to this comment)

  3. Jun 7th, 2007 @ 5:02am

    Well.....

    by dazcon5

    1. If it's a private university, the network belongs to them. They decide what traverses the network.

    2. It is not the network owners job to protect someone else's failing business model.

    3. It has been said many times before, the RIAA/MPIAA need to have their attitudes adjusted, preferably with a large hammer.

    4. If I were a university network admin my response would be a hardy F**K OFF, this is my network! Take your attempts at a money grab and pack sand!

    (reply to this comment) (link to this comment)

  4. Jun 7th, 2007 @ 5:22am

    AlCore, DARPA and Congress invented the internet,

    by Ajax 4Hire

    therefore AlCore, DARPA and Congress are the ones who should have to pay.

    (reply to this comment) (link to this comment)

  5. Jun 7th, 2007 @ 5:45am
    by Anonymous Poster

    Again, I reiterate my wish to see the RIAA go up in flames within my lifetime.

    (reply to this comment) (link to this comment)

  6. Jun 7th, 2007 @ 5:47am

    ahhhh

    by Mike

    I wish I had a cancer gun.
    They should take up smoking.

    (reply to this comment) (link to this comment)

  7. Jun 7th, 2007 @ 5:59am

    List of Peoples

    by icon Killer_Tofu (profile)

    Does anyone have a list of the specific congress people who are now acting as permanent shills here for this fight?
    I want to send them nasty-grams about their senility.

    (reply to this comment) (link to this comment)

  8. Jun 7th, 2007 @ 6:02am
    by Anonymous Coward

    As a CS undergrad attending one of North America's most prestigious computing universities I very much welcome any and all attempts by government officials to crack down on university-based file sharing. The RIAA and Congress versus the combined nerd power of the world's CS students. Bring it on, bitches.

    (reply to this comment) (link to this comment)

  9. Jun 7th, 2007 @ 6:12am
    by Overcast

    This is good news for the Fatherland indeed!!

    (reply to this comment) (link to this comment)

  10. Jun 7th, 2007 @ 6:32am

    Re: List of Peoples

    See this this link at The Consumerist http://consumerist.com/consumer/worst-company-in-america/contact-information-for-50-politicians-who- take-campaign-money-from-the-riaa-264638.php for a ranked list of of 50 Politicians Who Take Campaign Money From The RIAA.

    (reply to this comment) (link to this comment)

  11. Jun 7th, 2007 @ 7:17am
    by GoblinJuice

    rotflmao. Oh, man, I gotta laugh... or else I'd cry. :-)

    (reply to this comment) (link to this comment)

  12. Jun 7th, 2007 @ 7:35am

    A reality check

    by Semicharm

    While I find the actions of the RIAA and our ill informed congressmen appalling, when I was in college, the usage of popular file-sharing apps practically brought the state university's backbone connection to its knees.

    (reply to this comment) (link to this comment)

  13. Jun 7th, 2007 @ 7:55am

    Re: A reality check

    by MooseDog

    interesting insight that, imho, re-inforces the implication of this blog post that such a problem is more properly and effectively solved adn handled by the school's network admins, WITHOUT interference by grandstanding politicians and their paymasters.

    (reply to this comment) (link to this comment)

  14. Jun 7th, 2007 @ 8:14am

    Re: A reality check

    by Anonymous Coward

    While I find the actions of the RIAA and our ill informed congressmen appalling, when I was in college, the usage of popular file-sharing apps practically brought the state university's backbone connection to its knees.

    The fact that students are using P2P applications is not in it's self a reason for a crack down. The Universities need to have the infrastructure in place to serve their students (since the students are paying for them to exist). If students downloads can cripple a network, the IT staff needs to be fired for not having systems in place to regulate it.

    (reply to this comment) (link to this comment)

  15. Jun 7th, 2007 @ 8:19am
    by John

    The RIAA is wasting time and precious resources that would be better allocated to improving their business model! How are they going to stop file-sharing once everyone switches to encrypted file sharing? Microsoft's EFS (Encrypted File System), Freenet, and GigaTribe ( http://www.gigatribe.com ) are but a few examples and I know there's even other options to exchange files without a trace.

    (reply to this comment) (link to this comment)

  16. Jun 7th, 2007 @ 8:57am

    Re:

    by Cixelsid

    ROFL!

    (reply to this comment) (link to this comment)

  17. Jun 7th, 2007 @ 9:08am

    Re: AlCore, DARPA and Congress invented the intern

    by Matt

    Actually since Al Gore invented the internet we should make him pay.

    (reply to this comment) (link to this comment)

  18. Jun 7th, 2007 @ 9:10am
    by bshock

    Remember that film "Mars Attacks," particularly the scene when the Martians visited Congress?

    Where are the Martians when we need them?

    (reply to this comment) (link to this comment)

  19. Jun 7th, 2007 @ 9:15am

    We need a revolution

    I don't care if you're a democrat, or a republican-- they're all a bunch of ass-clowns who would rather serve their wallet than the country.

    We need a revolution- get rid of every damn one them and start over.

    I mean, Ted Stevens is in charge of regulating the Internet-- and we all know he's proved that he doesn't even know what the Internet is!

    (reply to this comment) (link to this comment)

  20. Jun 7th, 2007 @ 11:32am

    RIAA

    by Phil

    Here's a clear case of calling in the swat team to come and kill a mosquito. Unless it's bringing down the network, which IT employees should be keeping track of anyway, there's really no reason to do this. Why deny funding to universities just on the basis of this garbage? The American education system will just become even more inferior than it already is. Perhaps the RIAA should look in the mirror before passing the buck and blaming someone else for their pure greed and money whoring. I don't exactly see musicians suffering because of P2P file sharing. Maybe they should stop crying foul until musicians have to fire all their house staff, sell most of their 10 cars, and give up their 5 summer cottages around the world just to pay the bills. But until then, BOO HOO musicians aren't suffering. RIAA should get over it, quit whining, and give people incentive not to resort to file sharing if they think it's so bad.

    (reply to this comment) (link to this comment)

  21. Jun 7th, 2007 @ 12:32pm

    Global Equality

    by Fair Use

    We can be going after other countries for violating IP rights if we don't expect our own citizens to play by the same rules.

    (reply to this comment) (link to this comment)

  22. Jun 7th, 2007 @ 12:32pm

    Global Equality

    by Fair Use

    We can't be going after other countries for violating IP rights if we don't expect our own citizens to play by the same rules.

    (reply to this comment) (link to this comment)

  23. Jun 7th, 2007 @ 12:46pm

    Education Investment

    by Tax Payer

    Government frequently positions to withhold funding if a group or lower government doesn't follow its wishes - Highway money is usually the biggest one, where a state won't get funds if they don't use a given set of rules for the roads (remember 55mph). Same thing happening here - government is looking for education environment to do their requests and are associating their funding to it being followed. Universities that prefer not to follow and support the requests won't get the money - simple as that. Certain students may elect to go to those schools as a financial way of showing their support, or donations to those schools from the private sector may actually exceed the amounts they were getting from the government so I think they should definately put the rules in place and let the market and academia decide the outcome.

    (reply to this comment) (link to this comment)

  24. Jun 8th, 2007 @ 4:49pm

    It ain't the musicians

    by WJM

    For those of you who think that the musicians are the ones getting ungodly wealthy on this system, for a VERY small handful that is true. The opposite is actually the truth, here. The musicans are the ones getting screwed the hardest here, because until you are AT that level, you don't make squat, and in some cses for a while after that.

    When TLC was huge, they had tunes on all the charts, had about 5 number ones off the same CD, and do you know that at that time there wasn't one of them who was making $35K. And who was making those MILLIONS that were coming in? THE LAWYERS at the heads of the companies. That is just one example, there are literally thousands of others.

    This is the industry, which has yet to move forward from a 1950's model, other than screwing the artists even more, scrambling for a way to keep paying their overinflated salaries even if they have to sue THEIR CUSTOMERS to do it. Pretty freaking sad if THAT is what they have for a strategy. And so they have to go and destroy the college system to maintain their graft? Sorry, I wouldn't mind seeing the RIAA go right down the toilet.

    Now if you'll pardon me, I have to change for my gig tonight, where if I am lucky, I MIGHT make what Charlie Parker was making in 1952 playing in EXACTLY the same kind of places I am now. Damn, there are times I just HATE this business.

    (reply to this comment) (link to this comment)

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