07-12-10 Rule Of Law

Hour 1: Discussion on the Recording Industry Association of America posting it’s own intellectual property on bit-torrents available to the public for free on the internet, nullifying their own claims of master-use-license under copyright, then turning around and suing people for downloading the files for copyright violations in an attempt to “entrap”, although they’ve waived their standing to sue because they posted their own files for free for download.

Hour 2: Hosts take calls.

ROL_2010-07-12_128k.mp3

ROL_2010-07-12_16k.mp3


2 Responses to 07-12-10 Rule Of Law

  1. Avatar nescience
    nescience says:

    Hour 1:
    Eddie presents research about recent developments in the music business, particularly the Recording Industry Association of America (RIAA), bit torrent technology and how mp3s are uploaded and downloaded over the Internet through the “seeding” and “leaching”.

    Deborah relates her professional musician knowledge on the subject, noting that there are two types of music copyrights. One pertains to the lyrics and sheet music (the “PA” copyright) and the other to the sound recording of the music itself (the “SR” copyright). The big money has always been in the latter. Record companies have always kept very tight control over the SR, locking the artist out of the majority of the profits. (Royalties do not amount to much.) Deb states that Ray Charles was the only musician who was able, due to the strength of his position in the business, to demand that Columbia Records give him a slice of the SR pie when he left Atlantic Records.

    This discussion stems from the recent prosecution of college students in Eddie’s hometown for downloading mp3s. It turns out, however, that RIAA is the original “seeder” of the bit torrent for these mp3s. This means that they themselves are in violation of their own Master Use License Agreement and have thus waived their copyright.

    Randy calls in and briefly notes, in answer to a caller’s question, that he hopes to develop programs for issues such as student loans, but that right now all of his time is being expended on the mortgage fraud program, for which he is putting together a team of paralegals.

    Hour 2:
    Caller and new listener Randy (TX) questions Eddie about how to go about fighting a speeding ticket, which cited no legal code violation, in a distant town. Eddie urges that he only get copies of what is in the court’s case file and not start arguing anything.

    Eddie and Deborah discuss [at 1h25m] something raised by Mitchell (TX) if it were true that RIAA was “port snooping” people’s IP addresses and traffic and the legal problems RIAA would be facing.

    Jeff (Michigan) asks [at 1h27m30s] questions the confusion surrounding civil and criminal matters and how one is charged.

    Jason (GA) wants to “get in the game” and asks [at 1h46m30s] about how one should educate oneself about the right to travel. Eddie suggests reading all versions of one’s State constitution; then study your State’s legislative drafting manual to understand how laws are to be written and understood.

    Mike (TX) revisits his appeal to Court of Appeals and his quest for a writ of certiorari regarding the lack of an oath of office and the courts unwillingness to confront the issue.

  2. Avatar Jon from Colorado
    Jon from Colorado says:

    HOUR 1 & 2

    Deborah, as an artist, understands the effort to produce music. Buying a track or album is a master use license.
    Eddie discusses how the Recording Industry Association of America, RIAA, is suing people for theft of intellectual property when using bit torrent clients. Describes seeding and leeching. Torrents are peer-to-peer networks. Seeder has original copy of content to do the upload. After leeching, the leacher can begin to seed the pieces they have already downloaded.
    RIAA gets information to sue by setting up it’s own seeders and makes the files accessible. This is how they get your IP address which is used to discover people’s identity.
    Eddie speculates that since torrents are publicly accessible, they put copyrighted material freely on the internet which nullifies the copyright.
    Deborah says RIAA may not own the copyright. PA copyright is for the sheet music and words. PA is often partially owned by the creator. Royalties paid on PA usage. SR copyright is more important. SR is often owned by record companies.

    21:10
    Deborah says royalty for song play on the radio is seven cents. The big money is made on the SR. ASCAP and BMI are royalty clearinghouses used to charge back royalties. Deborah says they are probably violating the master use license, instead of the copyright.
    Randy agrees with Eddie that they are nullifying the copyright by making it publicly available.
    Deborah says in past times only Ray Charles got a piece of the SR copyright.
    Randy questions how master use license is relevant.

    32:50
    Deborah describes details of master use licenses. RIAA is giving away content and therefore should not sue people for downloading the freely available content.
    There is a company that records master use licenses.

    46:35
    Kerry in California
    Does Randy have a service for car loans or student loans? Maybe in the future. Look at Mike Miras’ information.

    48:00
    Music master use agreement is between owner and user.
    Deborah says Ray Charles went to Columbia to get a piece of the SR copyright.
    Deborah compares record companies and mainstream media companies.

    51:30
    Eddie reads traffic ticket email from Cor about municipal courts.
    There must be a signed complaint. This is not being followed.
    Texas Constitution says there must be a complaint and here can only be a trial with an information or indictment.

    54:15
    Deborah says bands giving away MP3s on their website nullifies the master use license agreement. Those free MP3s can not be resold (redistribution for profit) because it violates copyright.

    56:50
    Randy in Texas
    Texas speeding ticket. Says he was not speeding. Small town municipal judge.
    Administrative code.
    Transportation code only applies when in commerce.
    Eddie says to never argue merits of case when procedural arguments will do. Who is prosecutor?
    Send in writing via certified mail: mailing and telephone of prosecutor, court, and name of judge, identifying information of whomever wrote ticket, all information in court file folder and computer files.
    If prosecutor is anyone other than county attorney, then court lacks subject matter jurisdiction. If they try to use city attorney to prosecute in name of state, file a motion.
    Caller reads letter from attorney general, May 5 2003.
    Local municipality gets portion of fine with balance going to State.
    Caller cites how municipalities can use a traffic study or engineering study to reduce posted speeds.
    Motor vehicle is only such if operator is required to have a drivers license, which is only a requirement for commercial activity.
    Penal code does not cover driving (aside from DUI).

    HOUR 3 & 4

    65:30
    Randy in Texas

    79:50
    Randy in Texas
    Where is definitive statement of “use consideration” and what is a motor vehicle or passenger automobile.
    Eddie says only a motor vehicle if use is consistent with the license. A relationship.
    Do not make any arguments in court until answers from certified letter are received.

    84:00
    Listener Mitchell asks about nature of RIAA lawsuits.
    Two issues in Texas. Without copies of files be seeded, RIAA can’t monitor for IPs. If RIAA is sniffing networks, they are wiretapping. Texas “1701 investigator company license” is needed in Texas to do investigations for prosecutions. Red light camera companies have the same problem of not having investigative license.

    87:33
    Jeff in Michigan.
    Video rental store past due fees are civil manner. Police have no jurisdiction in any civil matters.
    Texas transportation is treated as criminal, only based on an attorney general opinion.

    94:05
    Jeff in Michigan.
    Was arrested for driving on suspended license.
    In States with “enacting clauses”, any ordinances (not created by State legislature) is not a valid public law and only applies to municipal employees.
    Rodriguez vs. State. Eddie can not find cited language to which everyone refers.
    Caller discusses debtor prison. Deborah says people are going to jail for contempt of court, not debts.

    105:21
    Deborah discusses child support in Texas. Child support is not a debt, it is a Texas civil judgment. Not paying is contempt of court.
    Custody violation is also contempt of court.

    106:43
    Jason in Georgia.
    Does Eddie have experience with Georgia traffic code. Listener “Gary in Georgia” has experience.
    How to decipher?
    Start with current and previous versions of State Constitution to find groundwork for right of people to travel.
    Constitution does not grant rights. Rights don’t exist from Constitution nor government.
    Federal Constitution and Supreme Court say right to travel can not be infringed.
    Texas Constitution version changes show attempts to rewrite what is protected.
    Inalienable rights are yours, granted by God, at the moment of your creation.
    Next learn how to read a statute. Find a guide published (legislative drafting manual) by state legislature on how to read statutes. A “style manual” is probably not what you want.

    111:52
    Deborah discusses debtor prison and credit card debt. People are going to jail for failure to appear and contempt of court.

    113:03
    Mike in Texas.
    Court of criminal appeals for Constitutional question. Prosecutor had no anti-bribery statement or oath of office. Appeal was denied due to being under $100.
    Court of criminal appeals typically rules against pro se. Next step is federal Supreme Court.
    Eddie says there are many court cases that state an absence of oath of office is absence of authority to act.
    Appeals court does not want to rule correctly on illegal convictions because they would have to refund all of the collected money. The issue is how to get it into a court that will rule on it.
    Judges have no authority to abdicate a duty.