So the recording industry has been unsuccessful in shutting down all peer-to-peer file trading networks. While they figured the annihilation of Napster would solve all of their earthly woes, their inability to take out the likes of Morpheus and Kazaa leave them with likely scapegoats to point and rile at while they assign blame for lost revenues. Though, if you were so inclined to research, you'd uncover the fact that their real income woes are attributed more to their own actions and not so much file sharing, which leaves little room for sympathy.

Since the RIAA cannot seem to shut down the p2p file trading networks, what's left for them to do? They certainly wouldn't want to take matters into their own hands by finding a way to embrace the technology while making it work for, as opposed to against, them. Instead they'd rather sell deficient copyright protected CDs, which are not properly labeled and are unplayable in many CD players, and wag their fingers at file traders while crying about this tragic problem known as file sharing. Meanwhile, with their every move, they threaten the forward mobility of what many consider to be exciting technology.

What's the next course of action you ask? Go after the individual file traders of course! Yeah, like a twelve year-old girl living in NYC public housing and a 71 year-old grandfather! (No, that’s not a joke!) Granted, if you're just some small-time, pick-a-song-here-and-there trader, your chances of getting caught are reduced markedly, but not completely. (Don't come after us once you've been slapped with a suit, stating "Siren Kimmie told me I wouldn’t get sued if I only traded a few files." Of course the phrase "few files" is subjective, but we won't go there.) The RIAA has filed 1,000+ information subpoenas to ISPs and universities in an effort to garner information on suspected file traders. And, while some companies, such as Verizon -- who fought against this invasion of customer privacy, and in June lost its appeal -- and SBC who refuses to respond to 300 subpoenas they've been served and actually filed suit to stop the deluge of RIAA subpoenas, do not agree with the RIAA's position and are fighting for the privacy rights of their customers. Just last Tuesday; Kansas Senator Sam Brownback introduced the Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003, a bill addressing privacy and digital rights. Essentially in layman's terms, this legistlation would require that the copyright holders file a lawsuit to obtain the private information currently sought by these subpeonas. Obviously, a lawsuit is more formal and requires a judge's signature as opposed to subpoena's which can be issued by a clerk. Brownback states, "This will provide immediate privacy protections to Internet subscribers by forcing their accusers to appear publicly in a court of law, where those with illicit intentions will not tread, and provides the accused with due process required to properly defend themselves."

In the interim, our friends at the RIAA have offered what is being touted as an "amnesty program" where they purport that file traders could turn themselves in to avoid suit, so long as they destroyed their files (hard copies as well) and promised never to pirate again (Bad pirate!). Though you might not want to go turning yourself in too hastily. The Electronic Frontier Foundation ("EFF") warns, "In reality, the RIAA cannot actually protect anyone from all civil suits, and individuals who sign these affidavits may open themselves up to criminal prosecution." They also point out, "The RIAA's offer only applies to people who have not been sued or are not "under investigation." Unless you are 100% sure that you are not on the RIAA's hit list (and there is no way to be sure), it is extremely risky to send them a signed declaration when they could still sue you and use your own words against you." Obviously the best way to avoid suit is to abstain from trading. Yes, that's right, abstinence is the best form of prevention. However, we know how well abstinence works in the real world!

At the end of the day, I can't help but wonder why the RIAA, who continues to cry over lost revenues, would throw away tons of cash on lawyers and filing fees. Maybe if they use their legal budget to pad these lost revenues they'd be ahead of the game. And hey, since when is anyone's income guaranteed? I'm not making as much money as I did last year, I think I should sue all the web designers of the world because they're taking away my income.

On a more productive note: "Congress is going to hold hearings; we need your help to make sure that the public's voice is heard. Tell Congress that it's time to stop the madness!" says EFF. And you can help by signing the petition here: http://www.eff.org/share/petition/. Once they have 10,000 votes they'll be handing the petition over to Congress.

And because we care: In an attempt to assist our file-trading friends in avoiding prosecution, we're including a link to an EFF article on how not to get sued. Try that on for size.