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  • Who can the RIAA sue?

    As you guys know, the RIAA is sueing all those who have illegaly downloaded music/movies. I won't get into the morals of the suring, but I do have a question. As far as my knowledge, Kazaa and the like are accesible thorugh anyone who has an internet line. So does the RIAA have the authority to sue some German who has never stepped foot in America? In other words, can they sue across international borders? Can some one in Canada get sued? I am assuming that only people in america can be sued. Is that correct?

  • #2
    Most copyright laws are upheld even in international countries, so it is quite possible that the RIAA could sue someone in another country. That could happen in 2 ways:

    1. The country in question allows the lawsuit to occur in their country because that is where the "crime"...LOL...took place and the offender would be held accountable in their own country.

    2. The RIAA files suit in the USA without the offender present. If the RIAA wins the suit and the offender's home country does not recognize the lawsuit then basically all that happens is the offender could never enter the USA, if they did at that point they could be arrested.

    The above two opinions are based on previous computer software copyright lawsuits that have involved foreign individuals and companies.

    However I really doubt that the RIAA will go after anyone outside the USA because royalties from other countries are minute compared to the royalties obtained in the USA and they are loosing more money from the USA downloaders.

    Wayne
    DFW

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    • #3
      What if I downloaded music outside the USA, but then moved into the US?
      "The Director also sets the record straight on what would happen if oxygen masks were to drop from the ceiling: The passengers freak out with abandon, instead of continuing to chat amiably, as though lunch were being served, like they do on those in-flight safety videos."

      -- The LA Times, in a review of 'Flightplan'

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      • #4
        RIAA cannot touch anyone who lives outside the USA, as much as they would like to. Any lawsuit attempt by them would be laughed off by other countries' government.

        Tanuj, yes, they can sue you BUT, take everything out of your shared folder and create a separate music folder for you MP3's that cannot be accessed by others through any P2P network. The RIAA can really only “go for” the “shared folders”, not the other ones because the inaccessible part of your hard drive is your private property and they can really only have access to it through hacking, and the legal implications of that if they are caught (and that’s why a good firewall program is handy) would be very, very daunting and that is something they would want to avoid.

        My thoughts:

        The RIAA is not popular for doing what they’re doing right now. If they overstep their boundaries (and I think they’re doing it right now, really) by hacking into one’s hard drive, then think about how much more unpopular they would be? Their record sales are slumping even more now since they started this lawsuit bullshit.

        Regardless of whether file sharing is legal or not, the RIAA is just bullying others around. I think they’re filing these “lawsuits” just to scare people, and in some cases it’s working. They’ve got a lot of very bad press about this, especially since they filed a lawsuit against a 12-year old girl who lives in a housing project. There will be a lot more stories like this in the future.

        Eventually, they’re going to have to adapt with the times and change their broken business model. I think taxing ISPs (and that money going to the artists, license fees, etc.) is a good idea and is sort what radio stations do right now. Canada does something similar by taxing all blank CD’s (the US doesn’t have this yet) and giving those royalties to artists, etc. I wouldn’t be against this. It’s really a simple and easy and very effective solution.

        The problem is the RIAA wants to keep their business model in the Stone Age and they’re really clueless about how the industry is evolving. They’ve been losing money for years, even before P2P networks became as commonplace as they are right now. These guys are just really stupid. Sony is perhaps the dumbest of all. They make tens of billions of dollars off their hardware (and that includes MP3 players), but only a paltry amount from their record label. Why don’t they just focus on the hardware aspect of it since that’s where all the money is?

        The Internet is such a powerful tool and could multiply their profits. If only these guys realize this.

        P.S. Ben Affleck, who has spoken out against file sharing, admitted that he does it quite often. They've never had any credibility and they seem to be losing more all the time. Why dig themselves into a deeper hole?

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        • #5
          www.boycott-riaa.com
          "You can run but you'll die tired."
          Semper Fidelis
          United States Marine Corp !

          Comment


          • #6
            Good post Iceman. Anyways, yeah I'm a music fanatic. I buy so many cd's it's amazing. I don't like file-sharing programs mainly because I like to get the whole package. The cd case and the booklet and all that stuff. Also, alot of the time the sound quality isn't as good on downloaded songs. It hasn't been remastered as good. I also like to listen to albums in the way they're intended from beginning to end. Plus, if you don't buy these artists cd's and you just take their music for free that music will not be around for long because artists can't afford to make music for free. Does Ford give away it's cars for free? I don't think so...
            But like Iceman said, they need to get up with the times and make their business in filesharing as well as selling albums. It's the future. I'll always prefer buying cd's, but others would prefer buying mp3's.
            Earl From Regina

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            • #7
              While I feel what the RIAA is doing is wrong, I have to agree that buying the CD is far more preferable for me then downloading the song. I look at it this way, 10 years from now what kind of music collection will I have to enjoy if I don't have the CD? Surely I'll have another computer in 10 years and if I don't backup the music I downloaded it's gone. CD's last forever unless I lose one or it gets destroyed. Plus the CD jacket is always enjoyable to read if you really like the group.

              For me downloading music offers the ability to find different versions of a song that you may have never learned of just by going into a store and buying the CD.

              To me there's nothing like loading the CD player up, sitting back, turning the lights down, and listening to some really good music.

              Comment


              • #8
                Originally posted by tommyalf
                While I feel what the RIAA is doing is wrong, I have to agree that buying the CD is far more preferable for me then downloading the song. I look at it this way, 10 years from now what kind of music collection will I have to enjoy if I don't have the CD? Surely I'll have another computer in 10 years and if I don't backup the music I downloaded it's gone. CD's last forever unless I lose one or it gets destroyed. Plus the CD jacket is always enjoyable to read if you really like the group.

                For me downloading music offers the ability to find different versions of a song that you may have never learned of just by going into a store and buying the CD.

                To me there's nothing like loading the CD player up, sitting back, turning the lights down, and listening to some really good music.
                Um, have you ever heard of a CD burner?

                Any songs or DVD's I download (I also have a DVD burner) I can easily put onto a CD.
                "You can run but you'll die tired."
                Semper Fidelis
                United States Marine Corp !

                Comment


                • #9
                  Originally posted by Boeing752R
                  Originally posted by tommyalf
                  While I feel what the RIAA is doing is wrong, I have to agree that buying the CD is far more preferable for me then downloading the song. I look at it this way, 10 years from now what kind of music collection will I have to enjoy if I don't have the CD? Surely I'll have another computer in 10 years and if I don't backup the music I downloaded it's gone. CD's last forever unless I lose one or it gets destroyed. Plus the CD jacket is always enjoyable to read if you really like the group.

                  For me downloading music offers the ability to find different versions of a song that you may have never learned of just by going into a store and buying the CD.

                  To me there's nothing like loading the CD player up, sitting back, turning the lights down, and listening to some really good music.
                  Um, have you ever heard of a CD burner?

                  Any songs or DVD's I download (I also have a DVD burner) I can easily put onto a CD.
                  Burning CD's isn't the same as owning the original CD. Plus in-order to get a good download you have to search around. Anything less then 320 Kilobytes isn't worth downloading as you start to lose the highs, in general that's why CD's suck anyway but that's another topic (LP's rock). As I also mentioned I enjoy reading the CD jacket and the album covers alone are an interesting piece of artwork and design. There's more to music then just the song.

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                  • #10
                    Burned CDs can be the same quality as a CD bought in the store. Its the bitrate that matters.. Anything around and above 160Kbps will be CD Quality and you shouldn't be able to tell the difference. (well actually 128Kbps should do but just to be safe)

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