He has to capitulate because he's 18, ignorant of the relevant laws, and likely has no money to be thrown away on litigation. He definitely has shallower pockets than the RIAA. In the civil arena in the U.S., that's an automatic loss.
Since operating in good faith is apparently untenable, there is no particular reason for anyone to operate in good faith with respect to the RIAA. Thus copyright piracy proliferates.
I'm sure that there are plenty of software writers that would be happy to help the RIAA connect their members with potential new fans and paying customers over the Internet. It's a crying shame that the RIAA consistently turns them away by acting like total dicks.
While I also disagree that it's illegal, I do concur with the decision to fold. If you don't have a big gun behind you to back you up, like the EFF or ACLU, you lose against the RIAA. Even if you "win" in court by the judges' decisions, you already lost time, money, and reputation by the time you get there, with no way of ever getting that back.
> Since operating in good faith is apparently untenable, there is no particular reason for anyone to operate in good faith with respect to the RIAA. Thus copyright piracy proliferates.
Let's be real here. You're not operating in good faith when you link to a bunch of major-label content free on the internet. It's implausible that you actually believe that content to be legitimate. Rather, you're looking to profit from a loophole.
He's young enough and clearly sharp enough to get some promotion out of his ordeal (front page HN isn't too bad) and will move on to certainly bigger and better things. No reason to start out your dev career in the hole a few hundred grand to lawyers and the RIAA and get nothing out of it.
Like Kenny used to say, "You gotta know when to hold them and know when to fold them."
He should have made decent revenue with banner ads or interstitials at this point with that large user base. Getting a lawyer to at least look into it would have been an option.
Since operating in good faith is apparently untenable, there is no particular reason for anyone to operate in good faith with respect to the RIAA. Thus copyright piracy proliferates.
I'm sure that there are plenty of software writers that would be happy to help the RIAA connect their members with potential new fans and paying customers over the Internet. It's a crying shame that the RIAA consistently turns them away by acting like total dicks.
While I also disagree that it's illegal, I do concur with the decision to fold. If you don't have a big gun behind you to back you up, like the EFF or ACLU, you lose against the RIAA. Even if you "win" in court by the judges' decisions, you already lost time, money, and reputation by the time you get there, with no way of ever getting that back.
The only way to win is not to play.