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RIAA Eyes Next Possible Targets: CD Burners, Radio Listeners
Jason Mick
October 9, 2007 8:54 AM
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The RIAA's recent case and a pending case in the UK provide some insight into whom it might prosecute next
The Recording Industry Association of America is the oft villainized copyright-infringement watchdog for the music industry in the U.S. Its letters to music sharers have led to thousands of settlement over the last few years. Now, following its
recent success
in the jury civil trial
Capitol Records, et al v. Jammie Thomas
, which resulted in a jury verdict of $222,000 in damages, many wonder who the RIAA might target next.
The RIAA might have given a clue during testimony by music industry lawyers in the
case. During the case Jennifer Pariser, the head of litigation for Sony BMG, was called to testify. Pariser noted that music labels make no money on bands touring, radio, or merchandise, so they are particularly vulnerable to file sharing. She went on to say that when people steal music the label is harmed.
Pariser believes in a very broad definition of stealing that is echoed by many supporters in the RIAA. She believes that users who buy songs are entitled to one, and only one copy. Burning CDs is just another name for stealing, in her mind. "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'."
Such logic has been a driving force behind efforts to "rights manage" music including the current DRM found on Apple's iTunes files and Microsoft's DRM, which is also widespread.
While it seems unlikely that the RIAA would be able to effectively identify "burners", such litigation remains a legal possibility for the RIAA and major music labels, in the minds of their lawyers.
Another possible avenue of legal action for the RIAA is the pursuit of businesses that play unauthorized music in stores. The Performing Rights Society (PRS), Britain's version of the RIAA, may give the RIAA some possible ideas
with its pending litigation
. The PRS is suing the Kwik Fit Group, a car repair shop in Edinburgh, for £200,000 in damages. The case revolves around the complaint that Kwik Fit employees brought in personal radios which they played while working on cars, which could be heard by colleagues and customers. The PRS says this amounts to a public "performance" and should have entailed royalties.
The possible implications if this litigation succeeds are numerous. The RIAA could pursue retailers like Borders Books who play music in their restrooms or on their store floors. They could also seek action against small businesses that have radios in their stores.
These possible future targets may seem outlandish or farfetched, but the RIAA and its foreign equivalents have some heavy legal firepower. It hires many of the country's top lawyers and have gained millions in settlements and recently have added the $222,000
verdict to its coffers.
Some fear the RIAA is overstepping its bounds, including in the
case. Rep. Rick Boucher, a Virginia Democrat, and strong advocate of fair use, recently
went on record
stating that the trial verdict was excessive and "way out of line" with other cases of this nature.
The Bush Administration feels that the case was very fair and was a
positive example of our nation's laws at work
"Cases such as this remind us strong enforcement is a significant part of the effort to eliminate piracy, and that we have an effective legal system in the U.S. that enables rights holders to protect their intellectual property."
With the RIAA's powerful legal, financial, and political backers nobody can truly say what it impossible for it to accomplish. Now as it is in the midst of delivering its
eighth wave of infringement letters
to colleges, it may soon be turning its attention to CD burners or businesses that play music in front of customers.
remember me
This article is over a month old, voting and posting comments is disabled
This it complete Bullsh**
So, they can SUE me for listening to a PUBLIC BROADCAST? Or how they can sue me in MY vehicle for listening to MY cd that I purchased with MY hard earned money?
How is making a COPY of something "stealing?" Maybe they shoudl look up what a COPY is! "An imitation, reproduction, or transcript of an original" If I purchase something and I can make a copy, I'm going to. Their reasoning is so stupid. That's like having a company try to sue me for making a copy of a piece of paper! And for all you know that piece of paper could be crayon drawings form a 5 year old! (Oh wait, they'll get another $222,000 for that one as well!)
RIAA is NOT an Association. RIAA is an abusive and corrupt organization bent on making PROFITS from any one it sees fit; be it American's or European's or anyone. Simply put, this is nothing more than a company that is exploiting people's RIGHTS and LIBERTIES to turn a profit. Just look at how they act in the court room, and the reward: $222,000.
When will America fight back against these huge corporations and agencies that defy our Bill of Rights and Constitution?
"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home
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July 27, 2010
James D. Baynum, 1960, theft of services, continued to Aug. 10.
Jennifer A. Bishop, 1974, show cause deferred, $130 costs.
Jessica N. Boyce, 1979, owes $295, continued to Aug. 10.
Richard William Buchanan, 1969, show cause deferred, bench warrant set for $700.
Ashley M. Darrell, 1991, first-degree complicity criminal mischief, two counts of second-degree complicity burglary, jury trial set for Sept. 23.
Linda Mae Diaz-Sturgeon, 1962, dismissed/diverted.
Arlan Finley, 1957, failed to pay fines or costs, owes $1,025.
Brooke D. Hanlon, 1987, first-degree criminal mischief, theft by unlawful taking, pleaded guilty, sentencing set for Aug. 24.
Christopher W. Harbaugh, 1984, show cause deferred, bench warrant, no bond.
Adam T. Jamison, 1988, first-degree possession of drug unspecified, motion to void pretrial diversion, continued to Aug. 24.
Rebecca Preston, 1972, failure to report change in order to receive benefits, pleaded not guilty, continued to Aug. 10.
Daniel Reyes, 1977, show cause deferred or installment payment, bench warrant set for $600.
Carrie Conrad Seivers, 1975, show cause deferred or installment payment, bench warrant set for $900.
Luther James Walters, 1977, first-degree possession of drug unspecified, second-degree possession of drug unspecified, use or possession of drug paraphernalia, first-degree persistent felony offender, pleaded not guilty, continued to Aug. 10.
Joshua G. Wright, 1988, complicity receiving stolen property under $10,000, probation revocation hearing, denied, continued to Aug. 24.
Jeremy Scott Harris, 1983, probation violation, see order.
Joshua J. Sharon, 1988, bench warrant, no bond.
Joshua J. Sharon, 1988, bench warrant, no bond.
L&N Federal Credit Union vs. Joseph L. Herrmann, motion to compel responses to discovery.
Todd Marston vs. Homesales Inc., motion to sever, to sever plaintiff's claims and for non-participation at trial.
American Express Bank, FSB vs. Lori Houston, motion for summary judgment, remand.
Midland Funding LLC vs. Billy Webster, motion for default judgment, see order.
Barbara K. Brumley vs. Richard Brumley, motion for judgment, see decree.
Helen Emily Searcy vs. Joey Lee Searcy, respondent to show proof of completion of parent education clinic, continued to Aug. 10.
Jennifer Paige Solomon vs. Joshua Earle Solomon, both parties to have proof of completion of parent education clinic, remand.
Michele Rene Spears vs. Eric Lee Spears, motion for status conference, continued to Aug. 10.
Roger Dale Stathers vs. Angela Marie Stathers, motion for judgment, uncontested hearing, see decree.
Chase Home Finance LLC vs. Garrick Howell, motion to vacate, order confirming sale entered and to reconfirm sale and order the deed, see order.
The Bank of New York Mellon vs. Billy W. James, motion for judgment and order of sale continued, see order.
Marilyn Dowd vs. Kenneth Gene Kokinda, motion for judgment and order of sale, continued to Aug. 24.
HSBC Mortgage Service Inc. vs. Justin Spencer, motion to cancel sale, see order.
BAC Home Loans Servicing L.P. vs. Candie L. Stathers, motion confirming sale, taking credit and ordering deed, see order.
Taylor, Bean & Whitaker Mortgage Corp. vs. Dudley Tomlin, motion confirming sale, taking credit and ordering deed, see order.
Grant County Deposit Bank vs. Lisa F. Williams, motion for judgment and order of sale, see order.
Wells Fargo Bank N.A. vs. Brian C. Young, motion for judgment and order of sale, see orders.
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College News
Nursing Students Complete Clinical at Daystar for Medically Fragile Children
Nursing students have been busy finishing their last clinical rotation at Daystar for Medically Fragile Children, a rotation that fulfills a community-based clinical observation as part of their required coursework.
While there, students complete 30 clinical hours under the supervision of Daystar's nursing team and get the opportunity to observe the organization's key components including their specialized developmental services, early educational programs, expert pediatric nursing, and family support services. Daystar is the only pediatric day-respite center in New York State caring for children as young as six months all the way to five years.
Daystar Executive Director, Kim Condon, said students work alongside their multi-disciplinary classroom teams of pediatric nurses, special education teachers, and therapy partners during the rotation. In doing so, the students share in the organization's family-centered, case management approach, which deepens their understanding of the level of coordination and teamwork required to successfully support children with a broad array of complex healthcare and developmental needs.
"As New York State's only pediatric day-respite center supporting infants and children with complex healthcare needs who are transitioning from the NICU or PICU, there is a growing need for healthcare professionals skilled in the delivery of family-centered care. St. John Fisher College's community health rotation gives students the wide-lens approach they need to help them prepare to enter their profession with excellent clinical skills and the ability to work within a larger framework of community resources to support the complex healthcare goals of patients," said Condon.
Senior Allison Yessman, who has had a variety of clinical experiences around Rochester, said that her experience at Daystar was something she looked forward to every week.
"Each staff member was eager to help enhance my knowledge of the true mission and vision of Daystar. I was able to assist with technical skills, such as tube feedings, tracheotomy care, and medication administration, in addition to working on the developmental aspects of care, including music therapy, physical therapy, and speech therapy. One of the main concepts I took away from this experience is the importance of collaboration and providing holistic patient and family-centered care, which is something that I will carry with me throughout my career," she said.
Yessman also said that Daystar was her top choice for my community clinical placement because it's such a unique program for our community.
"Before Daystar, I always had a significant interest in pediatrics but lacked the experience to know if it was truly a good fit for me. This clinical really reinforced my passion for nursing within the pediatric population," she said.
Chelsea Oberkrieser, also a senior, said her experience at Daystar was like no other clinical experience that she had.
"It was great to be able to work hands-on with a diverse group of children. The children enrolled at Daystar have a variety of complex medical health conditions, as well as developmental delays. I enjoyed being able to provide both nursing care, as well as assist with the developmental needs of the children," she said.
And before her clinical, Oberkrieser knew she was interested in working with the pediatric population. But she credits her experience at Daystar for convincing her that pediatrics is her true passion and what she'd like to pursue in her career.
Yessman working with some of the children at Daystar.
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Alima Pure's Midsummer Night's Dream collection is inspired by one of Shakespeare's most accessible and best-loved comedies. Featuring love potions, mischievous fairies and star-crossed lovers, the play is filled with beautiful Elizabethan-era imagery. With these four colors, you can create a look worthy of the Queen of Fairies or an eloping noble's daughter.
Queen of the Fairies look
Apply Titania from lashes to brow. Add Oberon in the crease and outer corner, and apply with a damp brush to upper lash line.
Sweep a bit of Luminous Shimmer Blush in Sahara on cheekbones. Slick Fig Nourishing Lip Balm on lips.
Lovelorn look
Apply Helena from lashes to brows and Hermia in the crease and outer corner. Line the upper lashes with Oberon and the lower lashes with Titania.
Apply Satin Matte Blush in Pink to the apples of the cheeks, and finish with Rhubarb Nourishing Lip Balm.
The Midsummer Night's Dream collection is available for a limited time for $30, with $2 from each purchase going to the Global Fund for Women.
(The headline, "The course of true love never did run smooth" is a quote from A Midsummer Night's Dream, spoken by the character Lysander to his love, Hermia. If you have never read the play, we highly recommend you read it on a balmy summer evening!)
If you read the Alima Pure Facebook page at all, you've almost certainly noticed the name Kristen Arnett. Kristen is an international makeup artist who is passionate about helping women from all walks of life "green" their beauty routine. To that end, she founded The Green Beauty Team, a group of experts in many different aspects of beauty who give advice about healthy beauty choices on the Green Beauty Team website.
We had heard of Kristen before, but did not meet her until we sponsored the Green Beauty Team at the Portland Better Living Show in April. We were charmed by Kristen's down-to-earth attitude that contrast beautifully with her high-fashion makeup skills. (Take a look at her skills here.) She's a true professional--treating the models she works on not as simple clothing hangers with faces, but as living, breathing girls with health concerns just like the rest of us. The Green Beauty Team is Kristen's way of addressing the questions she receives on a daily basis about how women can look their best. And for Kristen, looking your best always includes using products that are not going to harm your health. This commitment to safe cosmetics has led to Kristen using quite a few Alima Pure products since April!
We didn't realize that Kristen had lived here in Portland for a few years, before she moved to Milan and then New York to pursue her dream of being a professional makeup artist. As a fan of Portlandia, Kristen was especially amused by the fact that Alima Pure has been proudly "putting a bird on it" since 2006. Kristen still has a strong connection to Portland (her family still lives here), and because of that, makeup artists in Portland now have an amazing opportunity. If you want to sharpen your skills and learn more about the business, you will definitely want to check out Kristen's "The Makeup Artists' Intensive Workshop" on June 18 in Portland. This one-day class is filled with relevant industry information and artistry techniques, including a never-before-seen twist to makeup education, a focus on Going Green! If there is any way you can make it to Portland on June 18, don't miss out on this rare opportunity to learn from a true beauty professional. Even better, if you mention Alima Pure when you book, you will receive $80 off of the price, making the total for the day only $295.
Kick off summer with a handy kit of summer essentials that will tuck right into your favorite beach bag!
Available in two different color choices (Light-Medium and Medium-Deep), each set features a full-sized Bronzer, two full-sized Luminous Shimmer Eyeshadow and an adorable Petite Kabuki Brush. In each set, one shadow is a return appearance of a popular Limited Edition Shadow from a previous collection, so you'll want to grab it while you can! Packaged in our beautiful new box, these sets also make a great gift for anyone interested in trying out minerals! The sets retail for $35 each.
The Light-Medium set includes Mauna Loa Bronzer and Luminous Shimmer Eyeshadows in Buttercream, and the Limited Edition Tiramisu.
TheMedium-Deep set includes Seychelles Bronzer and Luminous Shimmer Eyeshadows in Leone and the Limited Edition Agate.
How to wear it:
With the Petite Kabuki brush, apply the bronzer to your cheekbones, and then use the product that remains on the brush along your hairline, jawline, and down the center of your nose.
Apply the lighter Luminous Shimmer Eyeshadow from your crease to brow, with a #37 brush. Then apply the deeper shade from lashes to brows. For a little more drama, add a brown liner like Paparazzi or Espresso along the upper lash line, and a little of one of the shadows smudged below lower lashes.
Finish with Organic Nourishing Lip Balm in Mango, a juicy shade that's perfect for summer!
Here's Dea, wearing her Beige 3 foundation and the Light-Medium set!
If you are new to mineral shadows, you may be wondering how you can get the colors to show up the way they look in the jar. Because the loose powders contain no binders, they can go on more sheer than a traditional shadow, but there are ways to eliminate that difference.
The simplest way to get your shadows to look vibrant and rich is also a great way to increase the wear and help prevent creasing. Simply work the shadow into the brush as you would to wear it dry, but right before you apply the shadow to the eye, lightly spritz the end of the brush with water. In the above photo, Mariama is wearing Leone, one of our most shimmery shadows, which also means it is more sheer than a shadow with less sparkle. The eye on the right side of the photo was applied dry with a #39 brush. The left side of the photo was also applied with the #39, but spritzed with water before applying. As you can see, wetting this shimmer intensifies both the color and the shimmer level, and has the added benefit of wearing longer without creasing!
Karin has worked at Alima Pure for four years, and is superb at keeping orders flowing out the door, from individual orders that customers place on line, to orders going around the world to our distributors.
As a working mother of three boys, Karin appreciates the fact that she can apply a handful of products without spending a lot of time, and have a perfect, glowing look that enhances her natural beauty.
We applied Beige 3 Satin Matte Foundation all over Karin's face for sheer coverage, then highlighted the apples of her cheeks with Leigh Luminous Shimmer Blush.
On her eyes, we used two Luminous Shimmer shadows, Chai from the crease to the brows, and Sienna on the lid. Satin Matte Eyeliner in Espresso, used wet, lined the upper lashes, and Satin Matte Eyeshadow in Raven filled in the brows.
As the finishing touch, Karin applied our new Organic Nourishing Lip Balm in Holly Berry. It's just that easy to look Naturally Gorgeous!
If your introduction to mineral cosmetics came from infomercials, you are probably used to applying your foundation by "swirling" the brush, "tapping" the excess off and "buffing" the product into the skin. While this method works, it isn't quite the way we suggest you apply your Alima Pure.
First, the brush photo at the top of this post shows approximately the amount of foundation we recommend you start with. But wait! Don't put that on your face yet. Now's the time to use that "tapping" motion, but don't use it to tap off the excess, use it to work the color up into the bristles of the brush. You can do this in the jar lid, in the palm of your hand or in a small dish. The goal is to get your brush to look similar to this second picture. Then you're set!
Now brush the foundation lightly onto the skin with a downward motion. Buffing isn't necessary! The amount on your brush (if you approximated our photos) is enough to do at least half of your face, perhaps even the full face, with one layer. For more coverage, simply repeat the process, putting more foundation only on the parts of your face where you feel you need more coverage. Usually, you can apply three layers with no issues, but if you feel it is looking heavy, spritz your face with water between the layers and allow the water to air dry before the next layer.
Applying your foundation in sheer layers will mean that it will look more natural and provide great wear. It also means that you can vary your coverage. Most people need heavier coverage across their nose and cheeks, with not so much needed on the forehead, chin, and outer parts of the face. With this method, just apply your first layer in all of these areas, and add subsequent layers only where you want the coverage.
Just a few weeks ago, so much of the buzz about the royal wedding was about the make up of bride Kate Middleton. She look natural and radiant, the perfect bridal look. And best of all, she accomplished this look herself after a training session with a professional makeup artist.
We thought it would be fun to try to duplicate Kate's look, but go one step further...a beautiful, natural look done entirely with natural cosmetics. It was easy!
We selected Meghan (who specializes in order preparation and also spends some time working in the lab), because her skin tone is similar to Catherine Middleton's. We applied her Satin Matte Foundation in Beige 3, with an extra layer for medium coverage. Satin Matte Blush in Pink went on the apples of her cheeks and blended back towards her hair line.
For eyes, we applied Pearluster in Silk from lashes to brows. Then we applied Luminous Shimmer Eyeliner in Koan with a damp brush to her upper lash line. Koan also went under the eyes, but with a dry brush. Because Meghan's eyes are shaped a little differently than Kate's, we used a bit of Pearluster Zen to smudge the Koan on the lid, and blended it up over her entire lid. We used a bit of Satin Matte Shadow in Raven to fill in her brows.
To finish the look, Meghan slicked our new Organic Nourishing Lip Balm in Sweet Pea on her lips. We think she looks like a princess!