MusicDish e-Journal - February 24, 2018
MusicDish Advertising Network
» HOME » INSIDER SCOOP » CAREER TIPS » MUSIC SPOTLIGHT » MUSICDISH*CHINA
» INDUSTRY INTERVIEWS » NEWS BEAT » DIGITAL SKOOL » OPEN REVIEW » MUSICDISH EDELWEISS
Search MusicDish e-Journal (Advanced)
Subscribe To MusicDish e-Journal
About | Contact | Advertise | RSS | Submit Article | Submit News | Artist Development | Premium PR Distribution
Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network

Why the RIAA Wins in the End
By Eric de Fontenay (Founder & Publisher)
(more articles from this author)
2003-05-01
Comment | Email | Print | RSS

Last Friday, I commented on the music industry's legal strategy & arguments in attacking a variety on technology-based companies:

"From a legal perspective, the [industry's] arguments appeared even more tenuous, unless you decide to lump them [tech firms] with cigarette companies & gun manufacturers. Otherwise, it's akin to suing Ford for providing the getaway car or the Post Office for delivering obscene material. Or suing CD-R manufacturers for assisting crime syndicates in flooding Hong Kong to NYC with counterfeit CDs."

My legal analysis appears to have been pretty much on target according to U.S. District Court Judge Stephen Wilson who rejected the entertainment industry's request to shut down p2p file sharing systems. "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."

But in a chapter co-authored for "Cyber Policy and Economics in an Internet Age," I go beyond the 'significant non-infringing uses' argument by raising the competitive implications of attacking technology over pirates. "In the Napster conflict, the courts responsibility was to address the copyright issue. In practice, though, that decision, intentionally or not, ended up addressing much more as it simultaneously was setting the criteria that competitors would have to abide by when developing new and innovative distribution channels that could challenge the music industry's own vertical channels."*

The argument was addressed towards the end of Napster's rebuttal to the RIAA preliminary injunction in 2001 that I had severely criticized at the time (see "Napster's Defense: Why Boies Is Wrong!"): "Plaintiffs' legal maneuvering against Napster is less for enforcing intellectual property rights than to control (1) the flow of competing unsigned artists' music into the electronic marketplace, and (2) the means of and business model for distributing music over the Internet."

Obviously, the Napsters & Groksters of the world have done just that, notwithstanding all the lawsuits - legal music services have clearly evolved with one goal: to counter competitive threat from file sharing systems. And while Judge Wilson's decision represents an important blow to the industry, it does bolster its efforts to prosecute egregious file sharers, meaning more RIAA subpoenas arriving at your local ISP.

"We are pleased with the Court's affirmation that individual users are accountable for illegally uploading and downloading copyrighted works off of publicly accessible peer-to-peer networks. This is precisely the issue we have been seeking to focus the public's attention on, and yesterday's decision in the Verizon matter makes clear that individual infringers cannot expect to remain anonymous when they engage in this illegal activity."

While I do share some privacy concerns expressed by Verizon and several organizations, at least we're finally targeting the real culprits.

* "P2P, Digital Commodities, and the Governance of Commerce," Cyber Policy and Economics in an Internet Age, ed. W. Lehr & L. Pupillo, Kluwer Academic Publishers, 2002.

Related MusicDish e-Journal Articles:
» Napster's Defense: Why Boies Is Wrong! (2000-07-12)

Related News from Mi2N:
» UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA GRANTS GROKSTER'S REQUEST FOR SUMMARY JUDGMENT AGAINST MOTION PICTURE AND RECORDING INDUSTRIES
» StreamCast's Morpheus Software Declared Legal By U.S. District Court
» Technology Users Rejoice As Judge Rules That Peer-to-Peer Software Such As Gnutella Is Legal
» Songwriters And Music Publishers React To Adverse Ruling In Copyright Infringement Case Against Unlicensed Peer-to-Peer Music Services
» Rosen On Streamcast Networks/Grokster Summary Judgment Decision


Home » News Beat » Why the RIAA Wins in the End
Permalink:http://www.musicdish.com/mag/?id=8021
Email |Print |Comment |RSS

back | top


MusicDish Advertising Network

News Beat

» ICE and Facebook Reach Multi-Territory Music Licensing Agreement

» B-Reel Named Top 10 Most Innovative Company in Music by Fast Company

» VNUE Inc. To Acquire Music Rights Startup Soundstr

» Viberate & Imogen Heap Strive To Give Equal Opportunity To Every Artist

» Mixcloud Taps Gracenote for Advanced Music Recognition

News Beat Directory



» [2018-02-21] Briony Turner And Alec Boateng Promoted To Co-Heads Of A&R, Atlantic Records UK; Turner And Boateng Will Oversee The Atlantic A&R Team, Joint Projects, As Well As Maintaining Their Own Artist Rosters

» [2018-02-21] ICE And Facebook Reach Multi-Territory Music Licensing Agreement; New Deal Will See Songwriters And Composers Remunerated

» [2018-02-20] B-Reel Named Top 10 Most Innovative Company In Music By Fast Company; Global Creative Agency Receives Honor For Its Award-Winning Gorillaz Campaign

» [2018-02-18] YG PLUS And Gracenote To Bring K-POP To Fans Around The World; Gracenote And YG PLUS To Make All K-POP Music More Searchable And Discoverable On Global And Regional Streaming Music Platforms And Services

» [2018-02-17] VNUE Inc. To Acquire Music Rights Startup Soundstr; VNUE Acquisition Aims To Ensure A Fairer Royalty System

» [2018-02-17] Is Podcasting The New Radio?; 25% Of Surveyed Americans Say They've Listened To A Podcast In The Past Month, Up From Less Than 10% In 2008

» [2018-02-01] Insomniac Announces Inaugural Electric Daisy Carnival China Set To Debut In Shanghai; China Marks EDC's Second Location On The Asian Continent

» [2018-02-01] Viberate & Imogen Heap Strive To Give Equal Opportunity To Every Artist; Heap's Main Role In Viberate's Advisory Team Will Be To Help Further Guide Us Toward A Second To None Service For The Live Music Segment

» [2018-01-22] Italian Independent Music Collective Fil1993 Group Signs With MusicDish*China; MusicDish*China Will Be Developing Their Online Presence And Social Media In China As Well As Releasing Their Catalogue To Chinese Streaming Music Services

» [2017-12-25] MusicDish*China Presents 'Savage Guitarist' Todd Clouser In Beijing; As Part Of His #YouTheBrave Asia Tour That Includes 8 Shows Across Japan, Todd Will Be Giving Solo Shows At Laifu Livehouse On 12/27 And Temple Bar On 12/28

» [2017-12-20] Mixcloud Taps Gracenote For Advanced Music Recognition; Next-generation Audio Fingerprinting Helps Mixcloud Identify And Catalog Copyrighted Music Within User-generated Content

» [2017-12-18] Copyright Royalty Board Increases Sirius XM Royalty Rate; Judges Announce Royalty Rates And Terms For Satellite Audio Radio Services (SDARS) And Preexisting Subscription Services
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

Hybrid Studios Hosts Annual NAMM Afterparty

High Definition Music Card - The New Way To Experience Music!

DEATH BY MISADVENTURE, New True Mystery Podcast Launches 31st January 2018

Music And Kids Joins Forces With Carnie Wilson, With Plans To Provide One-on-One After-School Music Education To Thousands Of Middle And High School Students

Don Dawil's Valentine's Day Debut Latin Single "Necesito Verte"

Taking Applications - The 23rd Annual USA Songwriting Competition

The International Music Consulting Firm GINGIO Hosts Events At NAMM And Grammy Weeks



Websites: Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network
Services: Submit Article | Submit News | Submit Video | Artist Development | Premium PR Distribution

Copyright © 1997-2018 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships