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	<title>Comments on: RIAA Drops Lawsuit Strategy for &quot;Three Strikes&quot; Plan</title>
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	<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/</link>
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		<title>By: Lawsuit Doesn&#8217;t Deter Hurt Locker File Sharing</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155711</link>
		<dc:creator><![CDATA[Lawsuit Doesn&#8217;t Deter Hurt Locker File Sharing]]></dc:creator>
		<pubDate>Tue, 06 Jul 2010 15:17:07 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155711</guid>
		<description><![CDATA[&lt;p&gt;[...] much of a surprise: Lawsuits from the RIAA directly targeting users that were sharing music files failed to thwart file sharing in that industry. Instead, it created ill will between users, the studios and artists, and more [...]&lt;/p&gt;]]></description>
		<content:encoded><![CDATA[<p>[...] much of a surprise: Lawsuits from the RIAA directly targeting users that were sharing music files failed to thwart file sharing in that industry. Instead, it created ill will between users, the studios and artists, and more [...]</p>
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		<title>By: TechMiso :: Don&#8217;t Be a Dumbass - DRM-free Tracks from Apple Should Not Be Shared on P2P Networks</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155710</link>
		<dc:creator><![CDATA[TechMiso :: Don&#8217;t Be a Dumbass - DRM-free Tracks from Apple Should Not Be Shared on P2P Networks]]></dc:creator>
		<pubDate>Thu, 15 Jan 2009 22:33:06 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155710</guid>
		<description><![CDATA[[...] Apple should be lauded for the move to a DRM-free world, however the continued use of watermarking is not wholly problem-free. Assuming the use is as I mentioned above, and the RIAA intends to use the embedded data as a means of tracing a file back to a particular consumer for the sake of a shake-down, are we to now expect additional lawsuits against consumers even though the industry has pledged to end this campaign? [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Apple should be lauded for the move to a DRM-free world, however the continued use of watermarking is not wholly problem-free. Assuming the use is as I mentioned above, and the RIAA intends to use the embedded data as a means of tracing a file back to a particular consumer for the sake of a shake-down, are we to now expect additional lawsuits against consumers even though the industry has pledged to end this campaign? [...]</p>
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		<title>By: Kataweb.it - Blog - Inimitablog85 &#187; Blog Archive &#187; Guerra al p2p</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155709</link>
		<dc:creator><![CDATA[Kataweb.it - Blog - Inimitablog85 &#187; Blog Archive &#187; Guerra al p2p]]></dc:creator>
		<pubDate>Fri, 26 Dec 2008 10:10:30 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155709</guid>
		<description><![CDATA[[...] ancora non è dato sapere come si concretizzeranno i piani finora anticipati dalla RIAA. Certo è che l&#8217;industria della musica intende battere la strada della giustizia privata, stringendo [...]]]></description>
		<content:encoded><![CDATA[<p>[...] ancora non è dato sapere come si concretizzeranno i piani finora anticipati dalla RIAA. Certo è che l&#8217;industria della musica intende battere la strada della giustizia privata, stringendo [...]</p>
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		<title>By: The Intellectual Redneck</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155708</link>
		<dc:creator><![CDATA[The Intellectual Redneck]]></dc:creator>
		<pubDate>Wed, 24 Dec 2008 02:45:07 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155708</guid>
		<description><![CDATA[We have all read the stories of &lt;a href=&quot;http://www.usatoday.com/tech/news/techpolicy/2003-09-15-riaa-parents_x.htm&quot; rel=&quot;nofollow&quot;&gt;parents sued for hundreds of thousands of dollars&lt;/a&gt; because their teenage children file swapped music over the internet. In many cases, the parents were &lt;a href=&quot;http://www.wired.com/entertainment/music/news/2005/10/68951&quot; rel=&quot;nofollow&quot;&gt;bullied into settlement,&lt;/a&gt; even though they may not have been guilty of anything. Over 35,000 individuals were sued for sharing music in violation of copyright law. The government should have ended this travesty a long time ago, but our political leaders are in the RIAA&#039;s pocket for &lt;a href=&quot;http://consumerist.com/consumer/worst-company-in-america/contact-information-for-50-politicians-who-take-campaign-money-from-the-riaa-264638.php&quot; rel=&quot;nofollow&quot;&gt;campaign donations.&lt;/a&gt; This list includes Barack Obama. I wish I could tell you the RIAA had come to their senses and realized the unfairness of what they were doing, but I can&#039;t. They are stopping because it isn&#039;t profitable any more.

&lt;blockquote&gt;Music industry drops effort to sue song swappers
By RYAN NAKASHIMA
The Associated Press

The group representing the U.S. recording industry said Friday it had abandoned its policy of suing people for sharing songs protected by copyright.

The Recording Industry Association of America said it instead would work with Internet service providers to cut abusers’ access if they ignored repeated warnings.

The move ends a program that saw the association sue about 35,000 people since 2003 for swapping songs online. Because of high legal costs for defenders, virtually all of those hit with lawsuits settled, on average, for around $3,500. The association’s legal costs, in the meantime, exceeded the settlement money it brought in.

The association said Friday it stopped sending out new lawsuits and warnings in August and then agreed with several leading U.S. Internet service providers, without naming which ones, to notify alleged illegal file-sharers and cut off service if they failed to stop. &lt;a href=&quot;http://www.kansascity.com/business/story/945338.html&quot; rel=&quot;nofollow&quot;&gt;Full story here.&lt;/a&gt;&lt;/blockquote&gt;

http://bloggingredneck.blogspot.com/]]></description>
		<content:encoded><![CDATA[<p>We have all read the stories of <a href="http://www.usatoday.com/tech/news/techpolicy/2003-09-15-riaa-parents_x.htm" rel="nofollow">parents sued for hundreds of thousands of dollars</a> because their teenage children file swapped music over the internet. In many cases, the parents were <a href="http://www.wired.com/entertainment/music/news/2005/10/68951" rel="nofollow">bullied into settlement,</a> even though they may not have been guilty of anything. Over 35,000 individuals were sued for sharing music in violation of copyright law. The government should have ended this travesty a long time ago, but our political leaders are in the RIAA&#8217;s pocket for <a href="http://consumerist.com/consumer/worst-company-in-america/contact-information-for-50-politicians-who-take-campaign-money-from-the-riaa-264638.php" rel="nofollow">campaign donations.</a> This list includes Barack Obama. I wish I could tell you the RIAA had come to their senses and realized the unfairness of what they were doing, but I can&#8217;t. They are stopping because it isn&#8217;t profitable any more.</p>
<blockquote><p>Music industry drops effort to sue song swappers<br />
By RYAN NAKASHIMA<br />
The Associated Press</p>
<p>The group representing the U.S. recording industry said Friday it had abandoned its policy of suing people for sharing songs protected by copyright.</p>
<p>The Recording Industry Association of America said it instead would work with Internet service providers to cut abusers’ access if they ignored repeated warnings.</p>
<p>The move ends a program that saw the association sue about 35,000 people since 2003 for swapping songs online. Because of high legal costs for defenders, virtually all of those hit with lawsuits settled, on average, for around $3,500. The association’s legal costs, in the meantime, exceeded the settlement money it brought in.</p>
<p>The association said Friday it stopped sending out new lawsuits and warnings in August and then agreed with several leading U.S. Internet service providers, without naming which ones, to notify alleged illegal file-sharers and cut off service if they failed to stop. <a href="http://www.kansascity.com/business/story/945338.html" rel="nofollow">Full story here.</a></p></blockquote>
<p><a href="http://bloggingredneck.blogspot.com/" rel="nofollow">http://bloggingredneck.blogspot.com/</a></p>
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		<title>By: Why the End of the RIAA Lawsuits Won’t Change Anything &#124; Real Big Firm</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155707</link>
		<dc:creator><![CDATA[Why the End of the RIAA Lawsuits Won’t Change Anything &#124; Real Big Firm]]></dc:creator>
		<pubDate>Tue, 23 Dec 2008 18:10:41 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155707</guid>
		<description><![CDATA[[...] Mathew Ingram over at GigaOM thinks this is a bad idea because it privatizes copyright enforcement, meaning that alleged offenders won&#8217;t have any clear recourse when they&#8217;re wrongly accused. That&#8217;s true, and definitely something to be worried about, but it&#8217;s not exactly new. ISPs took on the role of copyright cops a long time ago; for some, the new agreement only formalizes policies that are already in place. And not much changes for the users, either. They can still get sued, despite the agreement. And yet, they will still continue to share music, and a whole lot of video as well. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Mathew Ingram over at GigaOM thinks this is a bad idea because it privatizes copyright enforcement, meaning that alleged offenders won&#8217;t have any clear recourse when they&#8217;re wrongly accused. That&#8217;s true, and definitely something to be worried about, but it&#8217;s not exactly new. ISPs took on the role of copyright cops a long time ago; for some, the new agreement only formalizes policies that are already in place. And not much changes for the users, either. They can still get sued, despite the agreement. And yet, they will still continue to share music, and a whole lot of video as well. [...]</p>
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		<title>By: Quickthink &#187; Blog Archive &#187; QuickBusiness - Ho Ho HO - Merry Lawsuit!</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155706</link>
		<dc:creator><![CDATA[Quickthink &#187; Blog Archive &#187; QuickBusiness - Ho Ho HO - Merry Lawsuit!]]></dc:creator>
		<pubDate>Sat, 20 Dec 2008 10:31:44 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155706</guid>
		<description><![CDATA[[...] first is from Giga, reporting on how the record industry may be moving away from a &#8220;sue the bastards&#8221; strategy to combat [...]]]></description>
		<content:encoded><![CDATA[<p>[...] first is from Giga, reporting on how the record industry may be moving away from a &#8220;sue the bastards&#8221; strategy to combat [...]</p>
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		<title>By: Why the End of the RIAA Lawsuits Won&#8217;t Change Anything &#171; NewTeeVee</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155705</link>
		<dc:creator><![CDATA[Why the End of the RIAA Lawsuits Won&#8217;t Change Anything &#171; NewTeeVee]]></dc:creator>
		<pubDate>Fri, 19 Dec 2008 22:05:59 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155705</guid>
		<description><![CDATA[[...] Mathew Ingram over at GigaOM thinks this is a bad idea because it privatizes copyright enforcement, meaning that alleged offenders won&#8217;t have any clear recourse when they&#8217;re wrongly accused. That&#8217;s true, and definitely something to be worried about, but it&#8217;s not exactly new. ISPs took on the role of copyright cops a long time ago; for some, the new agreement only formalizes policies that are already in place. And not much changes for the users, either. They can still get sued, despite the agreement. And yet, they will still continue to share music, and a whole lot of video as well. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Mathew Ingram over at GigaOM thinks this is a bad idea because it privatizes copyright enforcement, meaning that alleged offenders won&#8217;t have any clear recourse when they&#8217;re wrongly accused. That&#8217;s true, and definitely something to be worried about, but it&#8217;s not exactly new. ISPs took on the role of copyright cops a long time ago; for some, the new agreement only formalizes policies that are already in place. And not much changes for the users, either. They can still get sued, despite the agreement. And yet, they will still continue to share music, and a whole lot of video as well. [...]</p>
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		<title>By: Steve</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155704</link>
		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Fri, 19 Dec 2008 21:27:10 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155704</guid>
		<description><![CDATA[I run a mid-sized ISP in Washington, and we have been getting notifications under the DMCA from RIAA, Sony, HBO, etc for years.  Our policy is to pass the notification on to the customers.  The customers usually reply back that they will remove the content, case closed.  Sometimes they ignore, or don&#039;t receive the notification, but unless we get a further request from the complainer, we don&#039;t have to do anything other than notify.

I am unsure what legal basis they have in thinking they can even request a three strikes policy, it certainly isn&#039;t in the DMCA.]]></description>
		<content:encoded><![CDATA[<p>I run a mid-sized ISP in Washington, and we have been getting notifications under the DMCA from RIAA, Sony, HBO, etc for years.  Our policy is to pass the notification on to the customers.  The customers usually reply back that they will remove the content, case closed.  Sometimes they ignore, or don&#8217;t receive the notification, but unless we get a further request from the complainer, we don&#8217;t have to do anything other than notify.</p>
<p>I am unsure what legal basis they have in thinking they can even request a three strikes policy, it certainly isn&#8217;t in the DMCA.</p>
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		<title>By: Doug K.</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155703</link>
		<dc:creator><![CDATA[Doug K.]]></dc:creator>
		<pubDate>Fri, 19 Dec 2008 19:23:16 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155703</guid>
		<description><![CDATA[This sounds like an area where the FCC needs to step in.  The FCC has already battered companies for blocking P2P so it is an obvious step to say that you can not block someone&#039;s Internet access completely.  Especially where no clear rules are in place that allows a customer to protest and since millions of people now rely on their broadband connections for their phone services (think 911).  Even when the phone co. turns someone off 911 still works.

If all the RIAA has to do is make a claim to get someone knocked off of the Internet then they are really overstepping their bounds!  Can&#039;t wait for an ISP to make a stand so this can get cleared up in court.  Of course the RIAA will keep pushing and once it looks like they are going to lose they will change tactics again, constantly skirting the letter and intent of the law.  Someone should go after the RIAA for RICO violations.

Doug K.]]></description>
		<content:encoded><![CDATA[<p>This sounds like an area where the FCC needs to step in.  The FCC has already battered companies for blocking P2P so it is an obvious step to say that you can not block someone&#8217;s Internet access completely.  Especially where no clear rules are in place that allows a customer to protest and since millions of people now rely on their broadband connections for their phone services (think 911).  Even when the phone co. turns someone off 911 still works.</p>
<p>If all the RIAA has to do is make a claim to get someone knocked off of the Internet then they are really overstepping their bounds!  Can&#8217;t wait for an ISP to make a stand so this can get cleared up in court.  Of course the RIAA will keep pushing and once it looks like they are going to lose they will change tactics again, constantly skirting the letter and intent of the law.  Someone should go after the RIAA for RICO violations.</p>
<p>Doug K.</p>
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		<title>By: Ian Bell</title>
		<link>http://gigaom.com/2008/12/19/riaa-drops-lawsuit-strategy-for-three-strikes-plan/#comment-155702</link>
		<dc:creator><![CDATA[Ian Bell]]></dc:creator>
		<pubDate>Fri, 19 Dec 2008 19:14:24 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=32877#comment-155702</guid>
		<description><![CDATA[This plan is eminently flawed for a number of reasons:

1)   ISPs don&#039;t really know their own customers&#039; email addresses anymore.  I have never used my ISP-assigned email address and NEVER check it.  I do, however, have other email addresses that my ISP has no idea about and I like it that way.
2)   Once again, the RIAA is attempting to defer the costs of policing its flawed strategies and lack of a business model onto other companies.  The cost of monitoring, printing &amp; mailing letters etc. in their proposal is entirely borne by the ISPs.  Nice!
3)   ISPs will not only have extra expenses -- they&#039;ll also potentially be foregoing subscription revenue.

Most importantly, how could this possibly be effective?  In my home I have the choice between wireless broadband, ethernet, ADSL, and Cable -- and several different providers on each.  Dedicated file sharers can hop from one to the other, or simply subscribe to service under the name of another household member.  By the time the process is reset with the next ISP, your year-long ban is up.

This would be bad for churn, increase customer support costs for ISPs, and inflate their customer acquisition costs.  Were I still a cost-conscious Product Manager at a telco ISP, I would have one thing to say to the RIAA.  It starts with an &#039;F&#039; and it ends with an &#039;uck off&#039;.]]></description>
		<content:encoded><![CDATA[<p>This plan is eminently flawed for a number of reasons:</p>
<p>1)   ISPs don&#8217;t really know their own customers&#8217; email addresses anymore.  I have never used my ISP-assigned email address and NEVER check it.  I do, however, have other email addresses that my ISP has no idea about and I like it that way.<br />
2)   Once again, the RIAA is attempting to defer the costs of policing its flawed strategies and lack of a business model onto other companies.  The cost of monitoring, printing &amp; mailing letters etc. in their proposal is entirely borne by the ISPs.  Nice!<br />
3)   ISPs will not only have extra expenses &#8212; they&#8217;ll also potentially be foregoing subscription revenue.</p>
<p>Most importantly, how could this possibly be effective?  In my home I have the choice between wireless broadband, ethernet, ADSL, and Cable &#8212; and several different providers on each.  Dedicated file sharers can hop from one to the other, or simply subscribe to service under the name of another household member.  By the time the process is reset with the next ISP, your year-long ban is up.</p>
<p>This would be bad for churn, increase customer support costs for ISPs, and inflate their customer acquisition costs.  Were I still a cost-conscious Product Manager at a telco ISP, I would have one thing to say to the RIAA.  It starts with an &#8216;F&#8217; and it ends with an &#8216;uck off&#8217;.</p>
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