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Napoleon
Mallcore Kid

Joined: Sat Sep 11, 2004 6:25 pm
Posts: 18
PostPosted: Wed Dec 12, 2007 7:00 am 
 

Quote:
Major copyright bill boosts penalties, creates new agency

Posted by Declan McCullagh

December 5, 2007 10:43 PM PST

In the aftermath of the $222,000 jury verdict that the Recording Industry Association of America recently won against a Minnesota woman who shared 24 songs on Kazaa, the U.S. Congress is preparing to amend copyright law.

Politicians want to increase penalties for copyright infringement.

It's no joke. Top Democrats and Republicans in the U.S. House of Representatives on Wednesday introduced a sweeping 69-page bill that ratchets up civil penalties for copyright infringement, boosts criminal enforcement, and even creates a new federal agency charged with bringing about a national and international copyright crackdown.

"By providing additional resources for enforcement of intellectual property, we ensure that innovation and creativity will continue to prosper in our society," Judiciary Committee Chairman John Conyers (D-Mich) said in a statement.

The legislation, called the Prioritizing Resources and Organization for Intellectual Property Act, or PRO IP Act, is throughly bipartisan. The top Republican, Lamar Smith of Texas, on the Judiciary committee is a sponsor. So is Howard Berman (D-Calif.), the chair of the subcommittee that writes copyright law, and Adam Schiff (D-Calif.) and Bob Goodlatte (R-Va.).

The Motion Picture Association of America, which has long championed stiffer copyright laws such as this fall's legislation aimed at file trading at universities, applauded the PRO IP Act as well.

"I believe that the American business community can speak in one voice today in support of these legislative efforts to protect intellectual property," MPAA Chairman Dan Glickman said in a statement. "I am pleased to see a concerted effort by Congress to address this growing problem, and the MPAA looks forward to working with congressional leaders in the weeks to come."

Here are some of the major sections of the PRO IP Act:

* Fines in copyright cases dealing with compilations would be increased. Right now, as in the case of Xoom v. Imageline, the maximum penalty for infringement of one compilation is $30,000. Now courts would be able to make "multiple awards of statutory damages" when compilations are infringed.

* Maximum penalties for repeat copyright offenders would be easier to obtain. Current law says that anyone who "willfully" infringes a copyright by distributing over $1,000 worth of material (including over a peer-to-peer network) is a criminal. The PRO IP Act keeps the 10-year prison term intact for felonious repeat offenders--but, crucially, deletes the requirement that repeat offenders must have distributed at least 10 copyrighted works within 180 days.

* Any computer or network hardware used to "facilitate" a copyright crime could be seized by the Justice Department and auctioned off. The proceeds would be funneled to the agency's budget. The process is called civil asset forfeiture, and typically the owner does not need to be found guilty of a crime for his property to be taken.


Probably the most extensive part of the PRO IP Act is its creation of a new federal bureaucracy called the White House Intellectual Property Enforcement Representative, or WHIPER. The head of WHIPER would be appointed by the president and confirmed by the Senate.

WHIPER seems to be modeled after the U.S. Trade Representative, with the head of the new agency bearing the rank of "Ambassador Extraordinary and Plenipotentiary." WHIPER's head is charged with being the president's principal advisor and spokesman for intellectual property matters, as well as identifying countries that don't adequately protect IP rights. It gets to create its own official seal as well, and the WHIPER head appears to be paid as well as the attorney general and secretary of defense ($186,600 in 2007).

One of WHIPER's major tasks would be to create a "Joint Strategic Plan" that, in part, involves "identifying individuals" involved in the "trafficking" of "pirated goods." An annual report is due to Congress by December 31 of each year. In addition, 10 "intellectual property attaches" are intended to be dispatched to embassies around the world.

Finally, the U.S. Justice Department's intellectual property enforcement apparatus would be completely revamped. An "Intellectual Property Enforcement Division" would be created and subsume the IP-related functions that the department's computer crime section in the criminal division currently performs. The new division would receive $25 million per year to start with.


http://www.news.com/8301-13578_3-9829826-38.html

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oneyoudontknow
Cum insantientibus furere necesse est.

Joined: Sun May 21, 2006 6:25 pm
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Location: Germany
PostPosted: Wed Dec 12, 2007 7:09 am 
 

Still no death penalty for copyright infringement? :annoyed:
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TheDave
Metal newbie

Joined: Mon Jun 11, 2007 7:49 pm
Posts: 327
Location: United States of America
PostPosted: Wed Dec 12, 2007 9:54 am 
 

Looks like I better delete the soulseek.

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blackblood666
Metal newbie

Joined: Wed Oct 31, 2007 10:42 am
Posts: 152
Location: United States
PostPosted: Wed Dec 12, 2007 10:00 am 
 

Wait... am I understanding this correctly? She has to pay $222,000 to the record company because she shared 24 songs. Thats $9,250 a fucking song. That seems a bit greedy on the part of the record companies wouldn't you say. It is the music industry though so I'm not really surprised.

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mpawluk
Metal newbie

Joined: Wed Nov 28, 2007 2:00 pm
Posts: 59
Location: United States
PostPosted: Wed Dec 12, 2007 10:00 am 
 

Same, even though I don't download music anymore.

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OzzyApu
Metal freak

Joined: Fri Oct 13, 2006 12:11 am
Posts: 9668
Location: United States
PostPosted: Wed Dec 12, 2007 10:08 am 
 

Ok guys - lets see this through on our part.

Are we still in this shit, even though those who download do it from mostly non-major labels and mostly non-major artists? For instance, I primarily get songs from artists that are from minor labels in other European countries - would this really affect these ass hole companies?


One more thing, which Western European country has the least strictest rules on piracy?
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SigurdOrSiegfried
Metal newbie

Joined: Sun Sep 09, 2007 5:25 am
Posts: 65
PostPosted: Wed Dec 12, 2007 10:09 am 
 

TheDave wrote:
Looks like I better delete the soulseek.


Is that sarcasm or a joke? Can you get caught downloading Soulseek as of now? I didn't understand the article, someone please explain.
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mpawluk
Metal newbie

Joined: Wed Nov 28, 2007 2:00 pm
Posts: 59
Location: United States
PostPosted: Wed Dec 12, 2007 10:10 am 
 

SigurdOrSiegfried wrote:
TheDave wrote:
Looks like I better delete the soulseek.


Is that sarcasm or a joke? Can you get caught downloading Soulseek as of now? I didn't understand the article, someone please explain.

It's easier to catch piracy now, and the fines have gone from unpayable to unpayable.

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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 10:13 am 
 

So can one of you swavy internet tech people explain to a net retard like me just how they catch people who download from places like soulseek and limewire? And also how they catch people who download from blogspots and places like rapidshare and megaupload.

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OzzyApu
Metal freak

Joined: Fri Oct 13, 2006 12:11 am
Posts: 9668
Location: United States
PostPosted: Wed Dec 12, 2007 10:15 am 
 

The_Count wrote:
And also how they catch people who download from blogspots and places like rapidshare and megaupload.

I use this method primarily, and many blogspots keep a list of where people are from - pretty accurate too. Though I don't know more than that lol.

Someone answer my questions!
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SigurdOrSiegfried
Metal newbie

Joined: Sun Sep 09, 2007 5:25 am
Posts: 65
PostPosted: Wed Dec 12, 2007 10:17 am 
 

Do you think they can catch you downloading on a program like Soulseek? Is it more or less safe using that specific program?
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mpawluk
Metal newbie

Joined: Wed Nov 28, 2007 2:00 pm
Posts: 59
Location: United States
PostPosted: Wed Dec 12, 2007 10:17 am 
 

Your IP address is your computer's signature; every computer has a different one. If they can match your IP address to YOU, then you're fucked.

Edit: Yes, they can catch you on Soulseek. The only programs that are completely anonymous are torrents.


Last edited by mpawluk on Wed Dec 12, 2007 10:18 am, edited 1 time in total.
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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 10:17 am 
 

mpawluk wrote:
Your IP address is your computer's signature; every computer has a different one. If they can match your IP address to YOU, then you're fucked.


What if you were to use a proxy?

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mpawluk
Metal newbie

Joined: Wed Nov 28, 2007 2:00 pm
Posts: 59
Location: United States
PostPosted: Wed Dec 12, 2007 10:18 am 
 

The_Count wrote:
mpawluk wrote:
Your IP address is your computer's signature; every computer has a different one. If they can match your IP address to YOU, then you're fucked.


What if you were to use a proxy?

I don't know, then. I'm not really knowledgeable on the subject.

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OzzyApu
Metal freak

Joined: Fri Oct 13, 2006 12:11 am
Posts: 9668
Location: United States
PostPosted: Wed Dec 12, 2007 10:19 am 
 

Whoa whoa whoa slow that brain train down...

Do they really expect average people to pay off these insane fines?
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gomorro wrote:
Yesterday was the birthday of school pal and I met the chick of my sigh (I've talked about here before, the she-wolf I use to be inlove with)... Maaan she was using a mini-skirt too damn insane... Dude you could saw her entire soul every time she sit...

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SigurdOrSiegfried
Metal newbie

Joined: Sun Sep 09, 2007 5:25 am
Posts: 65
PostPosted: Wed Dec 12, 2007 10:22 am 
 

How the fuck will I be able to get my metal?
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mevyhetal
Metalhead

Joined: Sat Jul 24, 2004 9:55 am
Posts: 636
Location: United States
PostPosted: Wed Dec 12, 2007 10:25 am 
 

More like when the RIAA started filing "Jon Doe" lawsuits four years ago, or even farther back, when the DMCA came into play :p

OzzyApu wrote:
Ok guys - lets see this through on our part.

Are we still in this shit, even though those who download do it from mostly non-major labels and mostly non-major artists? For instance, I primarily get songs from artists that are from minor labels in other European countries - would this really affect these ass hole companies?

One more thing, which Western European country has the least strictest rules on piracy?


To my knowledge, there isn't a proven link between downloading and sales, at least not one of significance. There's been some studies done on this matter, including one done by Yale or Harvard. It may hurt the smaller indy labels however, but even then I doubt it.

As for which Western European country has the least strictest rules... I remember reading somewhere that Finland was the place to be, but that was several years ago, things may have changed significantly since then. If you look at Europe as a whole, I believe piracy is the most rampant in Ukraine or Russia.
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Last edited by mevyhetal on Wed Dec 12, 2007 10:26 am, edited 1 time in total.
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ROBL250
Metal newbie

Joined: Wed Apr 25, 2007 9:26 am
Posts: 263
PostPosted: Wed Dec 12, 2007 10:25 am 
 

Well you could argue that the music industry is hypocritical because they GIVE away promo music to other parties and those who review the CDs, so why give them priority and free music and not the general public.

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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 10:25 am 
 

SigurdOrSiegfried wrote:
How the fuck will I be able to get my metal?


Just stay away from America :lol: I am pretty sure this only applies to its poor citizens.

It is kinda a shame tho. I bought the cds I am a rampant fan of but I downloaded and used blogs rampantly to try and search for new bands I might like without blowing a few hundred bucks.

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orionmetalhead
Metalhead

Joined: Mon Feb 06, 2006 9:54 am
Posts: 2453
Location: United States
PostPosted: Wed Dec 12, 2007 10:33 am 
 

SigurdOrSiegfried wrote:
How the fuck will I be able to get my metal?


The way it was meant to be acquired: by buying albums/cds/tapes etc and supporting the artists.

The_Count wrote:
SigurdOrSiegfried wrote:
How the fuck will I be able to get my metal?


Just stay away from America :lol: I am pretty sure this only applies to its poor citizens.

It is kinda a shame tho. I bought the cds I am a rampant fan of but I downloaded and used blogs rampantly to try and search for new bands I might like without blowing a few hundred bucks.


most bands have files on their websites you can check out and most labels also have free mp3s to share. This shouldn't affect myspace either aside for that pesky "put this song on your page feature" if that.
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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 10:41 am 
 

Ok so reading around and browsing some articles on things I keep reading the same thing.

"It's true that the RIAA does not go after uploaders, but BitTorrent, as you and your friend know, is a bit more complicated. The RIAA currently catches file sharers by searching for, say, Stevie Wonder, and then recording the IP addresses of everyone who was sharing it at that moment, as long as they're sharing a bunch of other files too."

So by this theory blogs would be safe and torrents as well if you disabled uploading so they could not search your computer.

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orionmetalhead
Metalhead

Joined: Mon Feb 06, 2006 9:54 am
Posts: 2453
Location: United States
PostPosted: Wed Dec 12, 2007 10:47 am 
 

The_Count wrote:
Ok so reading around and browsing some articles on things I keep reading the same thing.

"It's true that the RIAA does not go after uploaders, but BitTorrent, as you and your friend know, is a bit more complicated. The RIAA currently catches file sharers by searching for, say, Stevie Wonder, and then recording the IP addresses of everyone who was sharing it at that moment, as long as they're sharing a bunch of other files too."

So by this theory blogs would be safe and torrents as well if you disabled uploading so they could not search your computer.


so for soulseek just hide ALL your files. When you find someone who has something you want, just ask them what they want from your list and upload it for the moment.
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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 10:55 am 
 

orionmetalhead wrote:
The_Count wrote:
Ok so reading around and browsing some articles on things I keep reading the same thing.

"It's true that the RIAA does not go after uploaders, but BitTorrent, as you and your friend know, is a bit more complicated. The RIAA currently catches file sharers by searching for, say, Stevie Wonder, and then recording the IP addresses of everyone who was sharing it at that moment, as long as they're sharing a bunch of other files too."

So by this theory blogs would be safe and torrents as well if you disabled uploading so they could not search your computer.


so for soulseek just hide ALL your files. When you find someone who has something you want, just ask them what they want from your list and upload it for the moment.


Still sounds way to simple, I am sure we are missing something here.

edit:

I guess that is just the risk you take. I am however very curious to see how that single mother comes up with the cash for that court case :lol:

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orionmetalhead
Metalhead

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Location: United States
PostPosted: Wed Dec 12, 2007 10:57 am 
 

I hope this leads to a revolution in tape and cdr trading.
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The_Count
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PostPosted: Wed Dec 12, 2007 10:58 am 
 

orionmetalhead wrote:
I hope this leads to a revolution in tape and cdr trading.


I hope something comes out of it. I would not be as ticked if it was the artist standing up for copyright laws, but the only thing I ever hear about is the RIAA and its rabid pack of lawyers. I mean really who is actually going to see the money from these lawsuits? I highly doubt the artist are the ones who will.

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Johnie_Duper
Metal newbie

Joined: Mon May 07, 2007 5:35 am
Posts: 53
Location: Australia
PostPosted: Wed Dec 12, 2007 10:59 am 
 

Quote:
article

Better bust out of Australia. Fast. :oh shit:

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orionmetalhead
Metalhead

Joined: Mon Feb 06, 2006 9:54 am
Posts: 2453
Location: United States
PostPosted: Wed Dec 12, 2007 11:04 am 
 

The_Count wrote:
orionmetalhead wrote:
I hope this leads to a revolution in tape and cdr trading.


I hope something comes out of it. I would not be as ticked if it was the artist standing up for copyright laws, but the only thing I ever hear about is the RIAA and its rabid pack of lawyers. I mean really who is actually going to see the money from these lawsuits? I highly doubt the artist are the ones who will.


I agree with you that the artists should get their share of the money. They are the ones who have written the material being "infringed" upon anyway. The money will probably go to the laywers and crap.

Ultimately, for metal, if the indy labels get the money I wouldn't be upset. I would like to see labels with more financial backing to get backs across the oceans to play shows and such. As a musician in a band that plays over seas it is a large financial burden... especially to a college student like myself.
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deviant_messiah
Metal newbie

Joined: Wed Jun 15, 2005 10:23 am
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Location: United States of America
PostPosted: Wed Dec 12, 2007 11:30 am 
 

At first I was pissed off, but considering the enormous musical content I've amassed over the years, combined with my computer essentially being destroyed soon because of my mother's paranoia about what I do, I actually don't mind. I've heard enough of different genres, metal and non, that I know the basics of what I'm looking for when I go out to buy albums. It's not a total loss on "not hearing a band before you buy" because most of those bands DO have a myspace, official site, or otherwise legitimate source to sample the music. The only thing this wouldn't apply to is overly underground kvlt kiddie bands, and most of those normally aren't worth wasting the time tracking down anyway.

And now that it really might be over, I actually feel a mild sense of elation. Without the internet it seemed music was better off back in the day, and hopefully it will revert back to this state once again.
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DominicanPhenom
Mallcore Kid

Joined: Tue Jun 26, 2007 2:12 am
Posts: 10
PostPosted: Wed Dec 12, 2007 11:37 am 
 

um... so are people who download from blogs and megaupload in danger?
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Manwaring
Metalhead

Joined: Sun Jun 08, 2003 12:08 pm
Posts: 1204
Location: United Kingdom
PostPosted: Wed Dec 12, 2007 11:52 am 
 

For the land of the free and the home of ...people that sue you for $9,000 a song.

This law doesn't technically have any effect outside America, however America's greedy arms have been pretty effective in overriding European freedoms, take the case of Pirate Bay where they threated economic sanctions on Sweden.
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oneyoudontknow
Cum insantientibus furere necesse est.

Joined: Sun May 21, 2006 6:25 pm
Posts: 5299
Location: Germany
PostPosted: Wed Dec 12, 2007 11:56 am 
 

The_Count wrote:
mpawluk wrote:
Your IP address is your computer's signature; every computer has a different one. If they can match your IP address to YOU, then you're fucked.


What if you were to use a proxy?

or if someone uses a program like Tor?
or if someone uses a w-lan access which is not protected?

Internet-technology is a tricky thing and politicians have their difficulties in understanding it.
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Thorgrim_Honkronte
Imperius Rexxz

Joined: Sun Jan 16, 2005 4:40 pm
Posts: 2903
PostPosted: Wed Dec 12, 2007 11:58 am 
 

People need to learn about PeerGuardian.
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DrOctavia
Do Dark Horses Dream of Nightmares?

Joined: Thu May 19, 2005 9:02 pm
Posts: 1344
Location: Canada
PostPosted: Wed Dec 12, 2007 11:58 am 
 

oneyoudontknow wrote:
Internet-technology is a tricky thing and politicians have their difficulties in understanding it.

It's a series of tubes, right?
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Lord_Hate
Metal newbie

Joined: Sat Sep 15, 2007 12:09 am
Posts: 66
Location: Iraq
PostPosted: Wed Dec 12, 2007 12:05 pm 
 

orionmetalhead wrote:
SigurdOrSiegfried wrote:
How the fuck will I be able to get my metal?


The way it was meant to be acquired: by buying albums/cds/tapes etc and supporting the artists.


Do you think used record stores are wrong? Buying cds and tapes and whatnot secondhand isn't getting any money to the artists either.

It's been said before over and over, the best way to "support the band" is to buy merch at the shows. That, or send them money directly, if you really like them.
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Last edited by Lord_Hate on Wed Dec 12, 2007 12:07 pm, edited 1 time in total.
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The_Count
Village Idiot

Joined: Sat Sep 22, 2007 3:04 pm
Posts: 407
Location: United States of America
PostPosted: Wed Dec 12, 2007 12:07 pm 
 

Thorgrim_Honkronte wrote:
People need to learn about PeerGuardian.


Maybe I am breaking out the tin foil hats a bit soon here but I am always paranoid things like that are developed by the RIAA to catch illegal file users :lol:

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XHatePriestX
Mallcore Kid

Joined: Thu Nov 29, 2007 9:44 am
Posts: 13
Location: United States of America
PostPosted: Wed Dec 12, 2007 12:15 pm 
 

Damn, this sucks!
I live in America and I use Soulseek, it's my main source of music gathering. So I figure I now have to get rid of it. Unless someone here can give my hope that I won't be caught eventually. Can someone give me this hope?

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Lord_Hate
Metal newbie

Joined: Sat Sep 15, 2007 12:09 am
Posts: 66
Location: Iraq
PostPosted: Wed Dec 12, 2007 12:19 pm 
 

XHatePriestX wrote:
Damn, this sucks!
I live in America and I use Soulseek, it's my main source of music gathering. So I figure I now have to get rid of it. Unless someone here can give my hope that I won't be caught eventually. Can someone give me this hope?


Nothing will happen to you as long as you make sure to avoid every song and record that is current at the top of the charts. As a metalhead this should be no problem whatsoever.
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XHatePriestX
Mallcore Kid

Joined: Thu Nov 29, 2007 9:44 am
Posts: 13
Location: United States of America
PostPosted: Wed Dec 12, 2007 12:22 pm 
 

Alright, I can see how that would work. I was hoping that the fact that I listen to more obscure bands would make me practically immune.
Thank you Lord Hate.

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oneyoudontknow
Cum insantientibus furere necesse est.

Joined: Sun May 21, 2006 6:25 pm
Posts: 5299
Location: Germany
PostPosted: Wed Dec 12, 2007 12:22 pm 
 

DrOctavia wrote:
oneyoudontknow wrote:
Internet-technology is a tricky thing and politicians have their difficulties in understanding it.

It's a series of tubes, right?

Several months ago politicians were questioned by a bunch of kids on aspects of computer. One member of the Bundestag was asked: Please tell us what kind of browser currently exist

Her answer was that she did not know what a browser actually is.
(she is the head of the Federal Minister of Justice)

The same person is fighting for the law inforcement of the copyright infringement here in Germany.

In German:
http://youtube.com/watch?v=X92GtG1G_hY
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September 2013:
the 23rd edition of my magazine has been released:
https://archive.org/details/ADeadSpotOfLightNumber23

Analysis of band names:
http://www.metal-archives.com/board/viewtopic.php?f=1&t=103987


Last edited by oneyoudontknow on Wed Dec 12, 2007 12:24 pm, edited 1 time in total.
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Thorgrim_Honkronte
Imperius Rexxz

Joined: Sun Jan 16, 2005 4:40 pm
Posts: 2903
PostPosted: Wed Dec 12, 2007 12:23 pm 
 

Yeah it's all old people who for the most part don't keep up with that sort of thing. They should really educate themselves on what they are fighting against.
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