Oregon RIAA Victim Fights Back

Found on Recording Industry vs The People on Saturday, 01 October 2005
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This is the case peer-to-peer file sharers have been waiting for. Tanya Andersen, a 41 year old disabled single mother living in Oregon, has countersued the RIAA for Oregon RICO violations, fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of "outrage", and deceptive business practices.

For a number of years, a group of large, multinational, multi-billion dollar record companies, including these plaintiffs, have been abusing the federal court judicial system for the purpose of waging a public relations and public threat campaign targeting digital file sharing activities. As part of this campaign, these record companies retained MediaSentry to invade private home computers and collect personal information. Based on private information allegedly extracted from these personal home computers, the record companies have reportedly filed lawsuits against more than 13,500 anonymous "John Does."

This one is great. I recommend to everybody to take a look at the site and read all the allegations. If just a few of those make it through, the music industry will get into really bad troubles.

Group warning tourists of new Florida gun law

Found on Seattle Times on Friday, 30 September 2005
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This Saturday, it will become legal to use force on an attacker without first trying to escape the confrontation. The new law seals the existing right of residents to protect their homes by shooting intruders - known as the "castle doctrine" - but now also extends that right to public places if people feel threatened with death or bodily harm.

Supporters say the new law, which they dubbed "Stand Your Ground," allows citizens to protect themselves by meeting force with force.

Opponents, who call it the "Shoot First Law," warn it could hand itchy trigger fingers a license to kill.

Championed by the National Rifle Association, the law also makes it legal for someone to use deadly force against anyone who unlawfully or forcefully enters their home or car - even if they are not being attacked.

Marion Hammer, president of Unified Sportsmen of Florida and a former NRA president, said critics are off-base. Pointing out the castle doctrine dates to the 1400s, she said the new law codifies the right of people to use any manner of force to protect their home and its inhabitants.

"No law-abiding citizen should be forced to retreat from an attacker ... in their homes or any place they have a legal right to be," Hammer said.

Shoot first, think later. What a cunning plan. Neither the NRA nor Jeb Bush should talk about something both lack, common sense. And that "castle doctrine" from 1400 (the US wasn't even discovered at that time)... it was also pretty legal back then to burn witches (who knows, maybe this law will come next).

DNA Collection From All Those Arrested

Found on Washington Post on Sunday, 25 September 2005
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Suspects arrested or detained by federal authorities could be forced to provide samples of their DNA that would be recorded in a central database under a provision of a Senate bill to expand government collection of personal data.

The controversial measure was approved by the Senate Judiciary Committee last week and is supported by the White House, but has not gone to the floor for a vote. It goes beyond current law, which allows federal authorities to collect and record samples of DNA only from those convicted of crimes.

"When police retrace the history of a serial predator after he is finally caught, they often find that he never had a prior criminal conviction, but did have a prior arrest," Sen. Jon Kyl (R-Ariz.) said in a statement. "That means the only way they are likely to catch such a perpetrator after his first crime -- rather than his 10th -- is if authorities can maintain a comprehensive database of all those who are arrested, just as we do with fingerprints."

The provision, co-sponsored by Kyl and Sen. John Cornyn (R-Tex.), does not require the government to automatically remove the DNA data of people who are never convicted. Instead, those arrested or detained would have to petition to have their information removed from the database after their cases were resolved.

Privacy advocates are especially concerned about possible abuses such as profiling based on genetic characteristics.

Not only do they have a prior arrest, but they were also born. So why not just start to collect DNA samples from everybody? Honestly, unless someone has been convicted, he should be not be forced to provide a sample. Step by step, they try to create the transparent civilian.

Recruits Sought for Porn Squad

Found on Washington Post on Tuesday, 20 September 2005
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Early last month, the bureau's Washington Field Office began recruiting for a new anti-obscenity squad. Attached to the job posting was a July 29 Electronic Communication from FBI headquarters to all 56 field offices, describing the initiative as "one of the top priorities" of Attorney General Alberto R. Gonzales and, by extension, of "the Director." That would be FBI Director Robert S. Mueller III.

The new squad will divert eight agents, a supervisor and assorted support staff to gather evidence against "manufacturers and purveyors" of pornography -- not the kind exploiting children, but the kind that depicts, and is marketed to, consenting adults.

"I guess this means we've won the war on terror," said one exasperated FBI agent, speaking on the condition of anonymity because poking fun at headquarters is not regarded as career-enhancing. "We must not need any more resources for espionage."

Explicit sexual entertainment is a profit center for companies including General Motors Corp. and Rupert Murdoch's News Corp. (the two major owners of DirecTV), Time Warner Inc. and the Sheraton, Hilton, Marriott and Hyatt hotel chains.

Like the agent said: it looks like the war on terror is won. Now better concentrate on the real dangerous stuff, like porn. Aren't we a little prudish here?

'My Dad's burgling your house'

Found on Ananova on Sunday, 11 September 2005
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A Dutchman who found two children in a strange car was stunned when they said their parents were inside his house, burgling him.

The 31-year-old man returned from work to find the car in the drive of his home in Pieterburen, near Groningen, reports Nu.nl.

Two children were sitting on the back seat so the man asked them where their father was and was told he was "robbing" the house.

The man rushed inside to find a man and a woman who immediately ran out and drove off with the children.

The man could not catch the burglars, who did not steal anything, but was able to describe the whole family to the police.

Better learn the basics of your future job as soon as possible.

"Box-Wrap" Patent Infringement

Found on Corante on Saturday, 03 September 2005
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What's that, you ask? Evidently, it's when you ignore the terms written on the side of Lexmark printer cartridge box, refilling the cartridge with ink even when the company has designated it "single use only." According to the Ninth Circuit ruling [PDF] this week in ACRA v. Lexmark, opening the package means you agree to Lexmark's wishes. And if you break that agreement, you could face claims under contract and patent law.

As Fred von Lohmann explains it, it's sort of like when you buy those fancy Gillette Sensor razors, then purchase cheap replacement razor heads — except that a court has ruled that if the package says "single use," then by opening it you've agreed you can't have any cheap replacements (but you can buy another Gillette "single use" razor). And that means the company that makes the replacement heads is out of luck, too.

Although you buy it, you don't really own it. Well, I don't care at all. When I buy something, I own it. I can use it, burn it, throw it away, take it apart or replace parts with whatever I like. That's like the music industry who tries to control your CD use.

Mother of 5 takes on Big Music

Found on P2P Net on Thursday, 01 September 2005
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Since the Big Four record label cartel started its sue 'em all marketing campaign, several victims have said they’d stand up to its RIAA (Recording Industry Association of America). So far, none of them has due, primarily, to their lack of financial and, hence, legal resources. But this may change with New York's Patricia Santangelo.

The lawsuits are a PR blitz custom-designed to indelibly mark men, women and children who share music and other files with each other online as vicious, hardened criminals out to deliberately bilk the honest, but beleagured, entertainment industry and its hard-pressed workers.

It's clearly impossible for an ordinary person with ordinary resources to take on the multi-billion-dollar iindustry with its bottomless pockets and legions of highly paid lawyers. Not that this stops RIAA spinsters from implying thousands of people have been found 'guilty' of the crime of sharing music with each other, an assertion faithfully repeat by the mainstream media as though it comes from credible sources. And the time-honoured maxim Innocent until proven Guilty goes by the board.

Her chances to win this suit are pretty good, because the evidences are weak. Plus, Judge McMahon is on her side, which makes this even better. A very interesting (and in some parts also funny) reading is the transcript from the first appearance in court. The judge told the plaintiff how things really work. This is not what the industry is prepared for.

Recording industry sues more file-swappers

Found on Slashdot on Wednesday, 31 August 2005
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The RIAA has unleashed yet another round of copyright infringement lawsuits against 754 people. Evidently they still had some customers that they had to make an example of. I guess the RIAA never saw the study that says that file sharers spent more money buying music online than those who don't share music at all.

They sure will get rid of their last customers. Furthermore, people don't seem to understand that fielsharing is not the same as theft. This is just as wrong as the assumption that every download is a lost sale. Those who still cry for a complete ban of P2P and think that those lawsuits are perfectly ok should keep the studies in mind which show that filesharers buy more music. So, by axing off P2P, the music industry would kill filesharers; exactly those people who spent more money on their products than non-sharers. Not to mention that quite a few would stop buying at all to boycott them (or start to record webradio, which is perfectly fine). It's not like there's a law forcing you to buy music (I guess the industry is already working on this). As long as Spears, Diddy and others can still throw out money, they can't really be suffering that much.

U.S. Charges Man in Camcorder-Piracy Crackdown

Found on eWEEK on Thursday, 04 August 2005
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A Missouri man is the first to be indicted under a new federal law that prohibits people from secretly videotaping movies when they are shown in theaters, the U.S. Justice Department said Thursday.

Curtis Salisbury, 19, used a camcorder to make copies of recent releases "The Perfect Man" and "Bewitched" and then distributed them through illicit computer networks that specialize in piracy, the Justice Department said.

Salisbury, who faces up to 17 years in prison, could not be reached for comment.

Entertainment-industry insiders and tech-savvy hackers use "warez" networks, as they're commonly known, to distribute movies, music and software for free, often before they're released to the public.

"The creative works of the entertainment industry belong to the millions of people who make them and are not for others to steal or unlawfully distribute," said Dan Glickman, head of the Motion Picture Association of America.

I must have missed it somewhere, but it takes millions of people to make a movie? To be more precise, it belongs to those millions? Wow, quite a bunch of shareholders. Anyway, why do they freak out about the camrips anyway? The quality usually is not the best; you see people walk around and the sound is messed up too. The people who watch a camrip and like the move usually want to watch it again in best quality, which means they either go to theatres or buy a DVD. The rest wouldn't buy anything anyway becaue they don't like the movie, so there's no loss.

Now Cantennas Are Illegal Too?

Found on Techdirt on Monday, 25 July 2005
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Following the series of recent arrests of people for using open WiFi networks, the definition of illegal equipment is being stretched. In the UK arrest, the guy was arrested for "possessing equipment for fraudulent use of a communications service," which all of us who have WiFi in our laptops probably are guilty of. At least that's just in the UK. Over here in the US it's apparently still legal to have WiFi equipment -- but if you dare try to boost your signal with an antenna, watch out. According to the head of the Sacramento Valley Hi-Tech Crimes Task Force, the popular "cantenna" device is completely illegal. For those who don't know, someone a while back worked out that you could boost the range of your WiFi router with a Pringle's can. It requires a bit of work, so a small operation sprung up to sell Cantennas. They're quite popular with people who want to spread WiFi around a house where the basic router won't reach certain parts of it. Hell, even CompUSA sells them! But, according to this "high tech" police officer: "They're unsophisticated but reliable, and it's illegal to possess them." The article includes a story about how the police arrested a high school student for breaking into his school's network to change his grades and they (gasp!) found a cantenna in his room! Again, the crime he committed has nothing to do with having an antenna booster, but that doesn't stop the reporter and the cop from talking about the evils of connecting to WiFi networks.

Give some tech-illiterate people a chance to talk about technology, and you'll be surprised with the results. The scale reaches from funny to interesting to scary. However, it isn't as funny anymore when said people have police powers. Soon they'll be monitoring malls and track down those criminals who buy Pringles.