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Old 08-01-2003, 05:33 PM   #1 (permalink)
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Republican Senator to the rescue? (RIAA)

Senator Wants Answers From RIAA


By Katie Dean | Also by this reporter Page 1 of 1

02:00 AM Aug. 01, 2003 PT

Sen. Norm Coleman is concerned the recording industry is taking an extreme approach in its attempt to quash online file trading and may hurt innocent people in the process.

On Thursday, Coleman (R-Minn.), chairman of the Senate Permanent Subcommittee on Investigations, asked the Recording Industry Association of America, or RIAA, to provide detailed information about the more than 900 subpoenas it has issued so far.

The RIAA has issued the subpoenas to universities and Internet service providers in order to obtain the names of file traders it suspects are violating copyrights. At the end of the month, the music trade group plans to file lawsuits against those caught offering "substantial" amounts of music for others to share. Penalties could run up to $150,000 per song.

"In this country, we don't chop off fingers for people who steal something," Coleman said. "I think we need to have a broader discussion about how to deal with this issue. I want to be sure that any process being utilized here is fair."

"The record industry has a legitimate concern about protecting copyright interests. I want to find out, does the punishment fit the crime?" he said. "I'm really looking for information now."

The senator asked for five pieces of information when he penned the letter to Cary Sherman, president of the RIAA: Copies of all the subpoenas, a description of the standard the RIAA uses to file an application for a subpoena, and an explanation of how the group is collecting evidence against alleged file sharers. Coleman also wants to know how the RIAA is protecting computer users' privacy and how the trade lobby is protecting people from erroneous subpoenas.

"The record industry let this issue get out of hand," Coleman said. "The cat's out of the bag. (The music industry) is doing the best they can to deal with that."

A study released this month by the Pew Internet & American Life Project found that 35 million U.S. adults download files and 26 million share files online.

Coleman said that none of his constituents have been subpoenaed, but that he has read stories about grandparents receiving subpoenas and families who could have college funds wiped out by a lawsuit from the music industry. Coleman said he is concerned about people doing "little stuff" getting "swept up in a net."

Coleman, who has two children, admitted that he's faced the issue himself as a parent.

"I've had this problem in my family," Coleman said. "I'm sure my children have used file-sharing programs."

"I have confessed to using Napster," he said, adding that he does not use any file-sharing programs anymore.

In his letter to Sherman, Coleman writes that he's also concerned about the barrage of subpoenas at the Washington, D.C., district court that has created "such a backlog" that the courthouse has reassigned clerks to help with the paperwork.

The RIAA issued a statement in response:

"We will be pleased to respond to the senator's request for information. It will confirm that our actions are entirely consistent with the law as enacted by the U.S. Congress and interpreted by the courts. It will demonstrate that our enforcement program, one part of a multipronged strategy, is an appropriate and measured response to the very serious problem of blatant copyright infringement confronting the entire music community.

"We are gratified that the senator recognizes the importance of protecting intellectual property."

Fred von Lohmann, senior staff attorney at the Electronic Frontier Foundation, said the issues Coleman raises "echo virtually all of the concerns that we have been raising for several months ever since Verizon challenged the use of the DMCA subpoena power to hunt down peer-to-peer users.

"We certainly welcome his interest," von Lohmann said.

On Wednesday, SBC Communications filed a lawsuit against the RIAA alleging that subpoenas it has received were filed in the wrong jurisdiction and violate customer privacy.

Earlier this year, Verizon lost a court battle with the RIAA and was forced to surrender names of four of its subscribers accused of copyright infringement. The company is appealing the ruling.

"Verizon shares in the senator's concerns about consumer privacy and safety," said Verizon spokeswoman Maureen Flanigan. "The RIAA is taking advantage of a window of opportunity to file rubber-stamped subpoenas even before the appeals court decides if the practice is constitutional."
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Old 08-01-2003, 05:43 PM   #2 (permalink)
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It's good to see someone with power taking action. The RIAA has taken the whole fiasco way out of hand.
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Old 08-01-2003, 05:49 PM   #3 (permalink)
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It's about damned time that someone in Congress, one of our elected representatives, who's supposed to represent the views of the people, speak up against this jihad against file sharing. Not that I'm denying that swiping MP3s is copyright infringement (not theft, two entirely different things), but rather that the RIAA has gone completely loopy.

Hopefully the government kicks the RIAA in the ass for this.
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Old 08-01-2003, 06:02 PM   #4 (permalink)
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They are finally waking up to the overly broad powers given out by the DMCA. About fricken time.

And it's about time people start laying some of the blame on the recording industry as well.
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Old 08-01-2003, 06:17 PM   #5 (permalink)
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ahhahaa, i would like to post another article on another republican senator.

Quote:

Attack file copiers, Hatch says /Senator suggests ruining computers

WASHINGTON - The chairman of the Senate Judiciary Committee said Tuesday he favors developing new technology to remotely destroy the computers of people who illegally download music from the Internet.

The surprise remarks by Sen. Orrin Hatch, R-Utah, during a hearing on copyright abuses represent a dramatic escalation in the frustrating battle by industry executives and lawmakers in Washington against illegal music downloads.

During a discussion on methods to frustrate computer users who illegally exchange music and movie files over the Internet, Hatch asked technology executives about ways to damage computers involved in such file trading. Legal experts have said any such attack would violate federal anti-hacking laws.

"No one is interested in destroying anyone's computer ," replied Randy Saaf of Media-Defender, a secretive Los Angeles company that builds technology to disrupt music downloads.

"I'm interested," Hatch interrupted. He said damaging someone's computer "may be the only way you can teach somebody about copyrights."

The senator acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, "then destroy their computer ."

"If we can find some way to do this without destroying their machines, we'd be interested in hearing about that," Hatch said. "If that's the only way, then I'm all for destroying their machines. If you have a few hundred thousand of those, I think people would realize" the seriousness of their actions, he said.

"There's no excuse for anyone violating copyright laws," Hatch said.

Rep. Rick Boucher, D[emocrat]-Va., who has been active in copyright debates in Washington, urged Hatch to reconsider. Boucher described Hatch's role as chairman of the Judiciary Committee as "a very important position, so when Senator Hatch indicates his views with regard to a particular subject, we all take those views very seriously."

Some legal experts suggested Hatch's provocative remarks were more likely intended to compel technology and music executives to work faster toward ways to protect copyrights online than to signal forthcoming legislation.

The entertainment industry has escalated its fight against file-traders, targeting the most egregious pirates with lawsuits.
i vividly remember reading this story in the print version and pulled it up from houston chronicle. i cant link u cuz this is subscriber only archives and it wont work for u without my cookies.

for every good republican out there, there's prolly 10 bad ones.
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Old 08-01-2003, 10:09 PM   #6 (permalink)
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Quote:
Originally posted by The_Dude
for every good republican out there, there's prolly 10 bad ones.
I think that ratio goes for people in general.
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Old 08-02-2003, 01:22 AM   #7 (permalink)
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norman coleman is the biggest piece of...

Well, damn. He's done one thing that looks vaguely useful. I'm still ashamed that MN elected him. But you have to admire the power of soccer moms worried that thier kids are going to be jailed....gotta be some pretty freaked out calls and letters going to his office for him to make a public stand like that.
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Old 08-02-2003, 04:58 AM   #8 (permalink)
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with all the people using things like kazza, why doesn't someone organize a ban on buying CDs. strike back at RIAA where it hurts. imagine what would happen if no one bought cds
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Old 08-02-2003, 07:19 AM   #9 (permalink)
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Quote:
Originally posted by chavos
norman coleman is the biggest piece of...

Well, damn. He's done one thing that looks vaguely useful. I'm still ashamed that MN elected him. But you have to admire the power of soccer moms worried that thier kids are going to be jailed....gotta be some pretty freaked out calls and letters going to his office for him to make a public stand like that.
You've got to be kidding. Are you just upset that he beat out the dem's hero Mondale?
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