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	<title>Comments on: The RIAA: Possibly right, still weasels</title>
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	<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/</link>
	<description>... at the intersection of media, technology, business and the web</description>
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		<title>By: mathewi</title>
		<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/comment-page-1/#comment-374237</link>
		<dc:creator>mathewi</dc:creator>
		<pubDate>Sat, 05 Jan 2008 03:04:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/#comment-374237</guid>
		<description>Thanks, Karoli.</description>
		<content:encoded><![CDATA[<p>Thanks, Karoli.</p>
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		<title>By: Karoli</title>
		<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/comment-page-1/#comment-374236</link>
		<dc:creator>Karoli</dc:creator>
		<pubDate>Sat, 05 Jan 2008 02:53:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/#comment-374236</guid>
		<description>In case you want it, here&#039;s a link to the &lt;entire question and answer that started the storm in the first place:&lt;br&gt;&lt;a href=&quot;http://recordingindustryvspeople.blogspot.com/2008/01/copy-of-atlantic-v-howell-october-3rd.html&quot; rel=&quot;nofollow&quot;&gt;http://recordingindustryvspeople.blogspot.com/2...&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>In case you want it, here&#39;s a link to the &lt;entire question and answer that started the storm in the first place:<br /><a href="http://recordingindustryvspeople.blogspot.com/2008/01/copy-of-atlantic-v-howell-october-3rd.html" rel="nofollow">http://recordingindustryvspeople.blogspot.com/2&#8230;</a></p>
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		<title>By: Notes from a Teacher: Mark on Media &#187; About music</title>
		<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/comment-page-1/#comment-336458</link>
		<dc:creator>Notes from a Teacher: Mark on Media &#187; About music</dc:creator>
		<pubDate>Sat, 05 Jan 2008 02:15:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/#comment-336458</guid>
		<description>[...] which is not making reporter Marc Fisher look all that good, in a post appropriately titled The RIAA: Possibly right, still weasels. Mathew&#8217;s point has been made by others: while the RIAA has neatly picked apart [...]</description>
		<content:encoded><![CDATA[<p>[...] which is not making reporter Marc Fisher look all that good, in a post appropriately titled The RIAA: Possibly right, still weasels. Mathew&#8217;s point has been made by others: while the RIAA has neatly picked apart [...]</p>
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		<title>By: Tom</title>
		<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/comment-page-1/#comment-374235</link>
		<dc:creator>Tom</dc:creator>
		<pubDate>Sat, 05 Jan 2008 00:16:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/#comment-374235</guid>
		<description>Any good lawyer knows that law isn’t about being right it’s about finding a loophole and getting the decision maker (judge or jury) on your side.   People look for ways to do what they want to do so even having the law overwhelmingly on your side isn’t going to help if the Judge doesn’t want you to win and your opponent has found a loop hole (however slim it is) to allow him to do what he wants to do.&lt;br&gt;&lt;br&gt;As a legal strategist your job would be to cut your opponent off from as many loopholes as possible.  That is exactly what the RIAA is doing.&lt;br&gt;Now look at the RIAA’s position from a legal strategy point of view.  The file sharing angle is full of loopholes by definition.  Can Kazaa be used legally, if so does that mean illegal traders can’t be prosecuted, etc…   So what they need to do is to find a way to pull back and make the acts leading to that trading illegal which cuts off their opponent’s access to all those loopholes.  &lt;br&gt;&lt;br&gt;Hence arguing that copying the music in the first place is illegal which cuts the other side off from making any arguments that would excuse the file sharing.  By saying that they make the case against the file sharer iron clad which is what from a legal perspective they want.   So they ARE saying that legally-bought copying is illegal but not to prosecute people who aren’t illegally trading them.&lt;br&gt;&lt;br&gt;It isn’t about “giving in” it’s about legal strategy and while I might not like that the world has come to this there’s no doubt that the music industry has been forced into this position by society.  If people would just accept that sharing music is stealing the record companies wouldn’t have to take these measures to make sure they can prove it in a court of law.  I certainly don&#039;t think it makes them weasels because they listened to their lawyers who said this was the only way to protect their legal interests.</description>
		<content:encoded><![CDATA[<p>Any good lawyer knows that law isn’t about being right it’s about finding a loophole and getting the decision maker (judge or jury) on your side.   People look for ways to do what they want to do so even having the law overwhelmingly on your side isn’t going to help if the Judge doesn’t want you to win and your opponent has found a loop hole (however slim it is) to allow him to do what he wants to do.</p>
<p>As a legal strategist your job would be to cut your opponent off from as many loopholes as possible.  That is exactly what the RIAA is doing.<br />Now look at the RIAA’s position from a legal strategy point of view.  The file sharing angle is full of loopholes by definition.  Can Kazaa be used legally, if so does that mean illegal traders can’t be prosecuted, etc…   So what they need to do is to find a way to pull back and make the acts leading to that trading illegal which cuts off their opponent’s access to all those loopholes.  </p>
<p>Hence arguing that copying the music in the first place is illegal which cuts the other side off from making any arguments that would excuse the file sharing.  By saying that they make the case against the file sharer iron clad which is what from a legal perspective they want.   So they ARE saying that legally-bought copying is illegal but not to prosecute people who aren’t illegally trading them.</p>
<p>It isn’t about “giving in” it’s about legal strategy and while I might not like that the world has come to this there’s no doubt that the music industry has been forced into this position by society.  If people would just accept that sharing music is stealing the record companies wouldn’t have to take these measures to make sure they can prove it in a court of law.  I certainly don&#39;t think it makes them weasels because they listened to their lawyers who said this was the only way to protect their legal interests.</p>
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		<title>By: mathewi</title>
		<link>http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/comment-page-1/#comment-374234</link>
		<dc:creator>mathewi</dc:creator>
		<pubDate>Fri, 04 Jan 2008 23:56:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.mathewingram.com/work/2008/01/04/the-riaa-possibly-right-still-weasels/#comment-374234</guid>
		<description>I would agree that suing people who copy legally-bought CDs is&lt;br&gt;unlikely -- but it&#039;s obvious that the RIAA doesn&#039;t want to give in and&lt;br&gt;admit that copying is fair use, because they don&#039;t want to weaken an&lt;br&gt;already weak argument. In a word: weasels.</description>
		<content:encoded><![CDATA[<p>I would agree that suing people who copy legally-bought CDs is<br />unlikely &#8212; but it&#39;s obvious that the RIAA doesn&#39;t want to give in and<br />admit that copying is fair use, because they don&#39;t want to weaken an<br />already weak argument. In a word: weasels.</p>
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