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Madonna's Borderline MP3 Tactics
Mark Rasch, 2003-05-05

The material girl's foul-mouthed revenge on music traders could be interpreted as a deceptive trade practice, or even outright fraud.

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Madonna's Borderline MP3 Tactics 2003-05-05
Anonymous (4 replies)
Here's what I think: follow the trail of illegality back to the source. Trader "A" provides on a p2p network a pirated work (it could be software, music, a movie, or whatever); trader "B" downloads that, it's not what thrader "A" said it was--so using these new laws he sues. Anyone see that as wrong...

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Madonna's Borderline MP3 Tactics 2003-05-05
Anonymous
okay Madonna .. if you say so......

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Madonna's Borderline MP3 Tactics 2003-05-06
Anonymous
The trick is that p2p networking is not outlawed. It has more of flea market and not "speakeasy"....

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Right to Sue for Unfair Trade Practices 2003-05-06
Mark D. Rasch
The U.S. Supreme Court in Nike v. Kasky, is currently considering the impact of Cal. Bus. & Prof. Code §§ 17200 et seq. (West 1997)that permits ANYONE to sue for deceptive trade practices on behalf of the public, whether or not they are actually downloading or intending to download files. Thus, any...

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Madonna's Borderline MP3 Tactics 2003-05-06
Anonymous
Did you not read the article?

He already dealt with your scenario towards the end of it...

Also, the method that you're suggesting would allow people speeding in traffic to be beaten the first time they stopped. The FTC Act does, in fact, list what the RIAA and MPAA are doing as illegal, so y...

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Adding an interesting point to the discussion... 2003-05-05
Anonymous
Mr Rasch, you assume through out your intire article that, the person who dl's the pirated material, isn't legaly permited to do so. What if that person really has or had the cd? And just wanted mp3 copies for his mp3 player? Since they can't know what kind of ppl is going to dl the fake material (i...

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RIAA's Borderline MP3 Tactics 2003-05-05
Nair (1 replies)
I think the title of the article is misleading.

What has Madonna got to do with this? She wasn't the one who put fake files out there!! ...

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RIAA's Borderline MP3 Tactics 2003-05-11
Anonymous
Um, she DID record the acompanying screed, however....

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Reply to Madonna's Borderline MP3 Tactics 2003-05-06
cold_boot (1 replies)
Oh come on, how can be sharing something you own be illegal? The library then is one big pirate house....

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Faulty Logic... 2003-05-07
Anonymous
Along your reasoning also would be Radio Stations playing all this music for free.

Libraries and radio stations have paid licenses to publicly disply or perform the works, but have no right to (re-)distribute the works (as in pass on ownership under any vestige of Fair Use).

And neither do mos...

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Madonna's Borderline / Too Funny 2003-05-06
Anonymous (1 replies)
Damn, good article. I'm getting sick of the RIAA anyway. Whatever happened to invasion of privacy? Where are they getting the information to subpeona people?
Maybe I'll file a complaint to the FTC. Anonymously of course......

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Madonna's Borderline / Too Funny 2003-05-06
Anonymous
I hope some day they run into the wrong end of the 2nd amendment....

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Re:Madonna's Borderline MP3 Tactics 2003-05-06
Flux
Hey anyone who is against P2P Sharing of software, music, videos etc. can simply go f#^$ off because in my opinion its one of the best things around. I think the RIAA is just trying to throw its weight around showing evrybody how "powerful" and "effective" it is! I thank everybody who has disrupted ...

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Madonna's Borderline MP3 Tactics 2003-05-06
Anonymous
Perhaps that's what file checksums are for; wouldn't fakes wind up with a different checksum? Also, p2p clients such as eMule provide an opportunity for users to label files as fakes. I don't condone piracy although I applaud Mr. Rasch for sharing a reassuring viewpoint....

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Madonna's Borderline MP3 Tactics 2003-05-06
Anonymous
has anyone thought about the possible implications of someone downloading this file with explicit words in it?? Take a possible lawsuit that liberal america can relate to (hypothetical). Trader A is 12 years old he owns a copy of Madonna's material girl cd/song. Under the supervision of an adult he ...

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Madonna's Borderline MP3 Tactics 2003-05-07
Anonymous (2 replies)
I just love how some people can justify theft. Amazing, this delusional little world you live in. I would dearly love to see your hard works (and potentially your sonly source of income) to be taken from you and spread around the globe because a few thought it was ok to do so.

Pathetic....

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Madonna's Borderline MP3 Tactics 2003-05-08
Anonymous
There is nothing in the article that even remotely "justifies" theft -- or even discusses the propriety of making copies of copyrighted material without a licence. In some circumstances, such action is clearly infringement -- even criminal infringement that can and should be prosecuted. Not all co...

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Madonna's Borderline MP3 Tactics 2003-05-12
Anonymous


It's not theft...

It's copyright infringement..

Jimbo...

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Madonna's Borderline MP3 Tactics 2003-05-07
Anonymous (1 replies)
Why can't people just obey the law and not download copyrighted music? This whole situation has evolved because people are too cheap to pay for a CD. I don't care how expensive you think they are, they're an average of $16. Get a job!...

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Madonna's Borderline MP3 Tactics 2003-05-08
David in Seattle (1 replies)
Wow, $16! For that price I could buy a DVD, of an award winning movie! Its not that $16 is unaffordable, its that it is unreasonable. Maybe Apple's $.99 songs will give people an attractive alternative to downloading the music for free.

Unfortunately, the RIAA represents an industry that is fi...

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Madonna's Borderline MP3 Tactics 2003-05-08
Anonymous
$16 dollars *is* too much. I think there is a relationship between the cost of a work and the extent to which it is pirated. The higher the cost, the greater the amount of pirating. Why spend the time and effort to pirate a $4 CD or a $.99 song? There comes a time when the resources involved to ...

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Madonna's Borderline MP3 Tactics 2003-05-08
fnord (2 replies)
a.) checksums are to make sure the data was transmitted correctly, not make sure the file is consistent with some other file that the receive doesn't have.

b.) The DCMA says you can have a copy of a CD you already own so its not illegal to download a copy of Madonna's mp3. Bizzarely, if she had a...

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Madonna's Borderline MP3 Tactics 2003-05-08
Anonymous
Actually checksums (or at least hash digests) validate the data in a file. The Madonna cursing track has different 0s and 1s than the Madonna song, even if it has the same numberof them. It would be simple to include a hash of a file along with the file itself so you could actually be sure you wer...

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Madonna's Borderline MP3 Tactics 2003-05-09
Anonymous
A great article to read on how much the RIAA rapes the artists as much as they rape the consumers.

http://www.nydailynews.com/entertainment/story/60991p-57008c
.html

I'm not opposed to buying a CD, but sorry to say, if artists would stop using the RIAA and produce privately (like 99.9% of my co...

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Madonna's Borderline MP3 Tactics 2003-05-08
Anonymous
well now why should madonna get all the attention, it's not just her. Eminem and Dave Matthews use the same tactics, the former by repeating choruses for 4 minutes and the latter by recording silence after about 20 seconds. Problem is, I download music before I buy it because there is too much cra...

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Madonna's Borderline MP3 Tactics 2003-05-08
Anonymous
"I would dearly love to see your hard works (and potentially your sonly source of income) "

Either you are just another schill for the RIAA or you are uninformed. Musicians _don't_ make much money from the sale of CD's. They get their money from going on tour. By not buying the CD, you're taki...

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there is something know as check sum.... 2003-05-10
Anonymous
there is something know as check sum......
check the file against known checksum then those fake files injected by MPAA/RIAA will be identified...

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Hm... 2003-05-11
HxXxH
I believe most of the points have already been made... however, I'm inclined to say this:

The RIAA can never really stop p2p file sharing; someone will always come up with a way to share valid files, etc.

One has to wonder why nobody is bitching about software piracy as much as they are about ...

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who cares? 2003-05-11
Anonymous
They can flood the P2P networks w/crap all they want. Ppl will still find ways to circumvent it....

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I'm all for it... 2003-05-11
Anonymous
as long as they make it clear that it is a copyrighted file. That would make it easier to filter off all those illegitimate files produced by the MPAA/RIAA and free up the space for the truly innovative independent artists. ...

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Madonna's a material girls all right. 2003-05-11
Anonymous (1 replies)
Good thing I don't buy her albums or listen to any of her self-serving, self absorbed [expletive deleted].

Anyway, who wants to download her, I can't really call it music?...

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Madonna's a material girls all right. 2003-05-12
Anonymous
Thank God there are others out there that support your comment! ...

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Madonna's Borderline MP3 Tactics 2003-05-11
Anonymous
She could be sued by the parents of some kid for not putting a parental advisory warning with the **** in her statement. ...

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Madonna's Borderline MP3 Tactics 2003-05-12
Anonymous
i dont care. madonna is just a hold over from the 80's who's just trying to get attention. personally i think she is the RIAA's tool and therefore i have no respect for her or the facist white upper class industry she supports. since when did madonna go from being white america's most hated dirty...

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Pathetically uniformed 2003-05-12
Anonymous
Learn how P2P networks work before you post some quasi-legal position article. No one is posting files on a network, people are coming to my computer to get files that I can name anyway I choose. If they misinterpret the file name and think it's a free music file then so be it - sue me, but you'll...

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