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Politics

Politics

by Mike Masnick


Filed Under:
acta, copyright, counterfeiting, evidence, lobbyists, secrecy

Companies:
a2im, aap, aftra, ascap, asmp, bmi, disney, gda, iatse, ifta, mpaa, nbc universal, news corp., nmpa, paca, ppa, reed elsevier, riaa, siia, time warner, viacom, warner music group



Entertainmnent Industry: Yes, Please Keep Negotiating Secret Copyright Treaty To Save Our Asses

from the yeah,-that's-convincing dept

Sherwin Siy (one of the few people who actually was allowed to glance briefly at parts of the proposed ACTA treaty, though under strict NDA) has written about yet another letter sent by the entertainment industry to the government in support of ACTA. This letter includes pretty much everyone who benefits from abusing copyright laws and is afraid of the internet:

Advertising Photographers of America
American Association of Independent Music (A2IM)
American Federation of Television and Radio Artists (AFTRA)
American Society of Composers, Authors and Publishers (ASCAP)
American Society of Media Photographers, Inc. (ASMP)
Association of American Publishers (AAP)
Broadcast Music, Inc (BMI)
Commercial Photographers International
Directors Guild of America (DGA)
Evidence Photographers International Council
Independent Film and Television Alliance (IFTA)
International Alliance of Theatrical Stage Employees (IATSE)
Motion Picture Association of America, Inc. (MPAA)
National Music Publishers Association (NMPA)
NBC Universal
News Corporation
Picture Archive Council of America (PACA)
Professional Photographers of America (PPA)
Recording Industry Association of America (RIAA)
Reed Elsevier Inc.
Society of Sport & Event Photographers
Software & Information Industry Association (SIIA)
Stock Artists Alliance
Student Photographic Society
The Advertising Photographers of America
The Walt Disney Company
Time Warner, Inc.
Universal Music Group
Viacom Inc.
Warner Music Group
Funny... isn't it, that all these companies and industry groups are supporting a deal that no one's seen yet? Oh wait... that's because many of them have seen it and actually have had a hand in creating it. But what's really damning is that no where in the letter do they explain why this is actually needed or how it will do anything valuable. Instead, it's a pure faith-based letter saying "if you pass this secret treaty, good things will happen." I don't know about you, but generally, I prefer there to be actual proof and evidence that restricting consumer rights around the world actually leads to some sort of real benefit.

Tellingly, they don't respond to any of the points we raised earlier. This is not a treaty to help people or the economy. It's a deal to try to sneak through a system for propping up an obsolete business model by companies who don't want to adapt.

36 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
file sharing, isps, letters, warnings

Companies:
riaa, verizon



Verizon Starts Passing On RIAA Infringement Letters To Users

from the what's-next,-though? dept

Allison K alerts us to the news that Verizon is the latest US broadband provider to agree to pass along the RIAA letters accusing Verizon customers of unauthorized file sharing. AT&T, Comcast, Cox and some other ISPs already do this. The letters don't include specific threats of action (so, no "three strikes" type policies), but the RIAA is clearly hoping that by passing on the letters it will discourage unauthorized file sharing. It's a bit of a waste for Verizon to need to spend resources on this, and it really is just the RIAA's first step in the door to eventually push for kicking people off of the internet, but on the whole it's not that terrible to pass along notices. In the end, my guess is that it will actually serve to do a lot more to promote encryption services than anything else. Maybe some encryption service can approach Verizon about "sponsoring" those customer notifications.

44 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
copyright, enforcement, gpl, licenses, violations

Companies:
riaa, sflc



Compare And Contrast: How GPL Enforces Violations vs. How RIAA/MPAA/BSA Enforce Violations

from the it's-a-bit-different dept

While we've discussed how extreme views in the open source community can, at times, rival the way the entertainment industry acts towards those who violate licenses, reader Nick Coghlan writes in to point to an article that highlights how different they are in many cases, with Bradley Kuhn, the technical director of the Software Freedom Law Center (SFLC), putting forth new guidelines that encourage people not to jump to conclusions when they see potential violations, and to give the benefit of the doubt to anyone they suspect of violating the license. Compare that to the tens of thousands of threat letters sent out by the RIAA, at times with little real evidence.

18 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
cary sherman, filtering, lobbying, riaa, universities

Companies:
riaa



Dear RIAA: It's Not 'Working Together As A Team' When It's Under Threat Of Regulation

from the do-these-guys-ever-make-sense dept

I've been trying not to respond to every RIAA blog post these days, but it's hard to let certain things go when they so rarely make any sense. For example, RIAA President Cary Sherman recently talked up the new regulations that force colleges and universities to "take proactive steps" to stop file sharing. He goes on to make it sound like universities decided to do this in the spirit of "teamwork" with the RIAA, rather than because they risked serious financial consequences under the law for not complying. He also leaves out the fact that tons of colleges and universities are pissed off and complaining about how much time, effort and money they're wasting on this just because Sherman and his friends still don't seem able to embrace modern music business models. Colleges and universities have enough to worry about without the government forcing them to act as the RIAA's police force. If it were truly about teamwork, Cary, you wouldn't have had to spend so much time getting Congress to pass a law to force them to do this.

19 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
anti-piracy, bittorrent

Companies:
dtecnet, riaa



RIAA's Main Anti-Piracy Partner Appears Clueless About BitTorrent

from the fact-checking? dept

Earlier this year, the RIAA dumped its longterm anti-piracy partner MediaSentry and hired DtecNet instead. MediaSentry had lots of problems in terms of credibility, but it appears that DtecNet may be even worse. It recently came out with a report claiming that file sharing decreased massively after The Pirate Bay went down temporarily. Not surprisingly, this report is getting some press attention. The problem? The report appears to be based on a nearly comical misunderstanding of how BitTorrent works. TorrentFreak details numerous basic mistakes in the report, nearly all of which suggest the claims made by DtecNet have little, if anything, to do with reality. Considering that DtecNet is going to be leading the charge for the RIAA in any future lawsuits and various "three strikes" plans, the fact that it doesn't seem to understand how BitTorrent works suggests problems ahead.

30 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
net neutrality

Companies:
riaa



RIAA: We Support Net Neutrality, Just As Long As It Includes The Ability For ISPs To Block File Sharing

from the so-that's-how-it-works? dept

Because I know how much you've all been wanting to know what a bunch of dying record labels and their chief lobbyist thinks about net neutrality, the RIAA's president Cary Sherman put out a statement saying that they're happy with the new rules because the FCC's Julius Genachowski has said it's okay for ISPs to ignore all those rules as long as they're going after "illegal conduct" online -- which of course the RIAA assumes must mean file sharing.

33 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
copyright, garth brooks, music, piracy, radio

Companies:
riaa



Garth Brooks Complains That The Gov't Ignores Musicians

from the say-what-now? dept

Singer Garth Brooks got some attention for sorta kinda unretiring, and in answering some questions he made some bizarre comments about how the government doesn't protect musicians from piracy:

"Our government's not doing anything about piracy. Until we can hear what a day of radio is like with no music, until this place sits silent because the music creators and the artists and copyright (holders) are not happy because they're not being protected like everyone else is, then, yeah, I would like that power myself. It has to be placed in the right hands, so it can't be one person, but a board that represents music, its creators and its content owners. I think that'd be more than fair to stand up and say, 'Look, you've ignored us, because there's 50,000 of us and 300 million voters. You've ignored us, and now to show you, we would like to just simply stop for a day,' and see how dry this world gets."
Really? This is the same government that has only increased copyright protections over time and never decreased them (never). This is the same government that has both Republicans and Democrats repeating the RIAA's bogus stats on piracy. This is the same government that allows the RIAA unprecedented access in terms of setting the copyright agenda of the nation. It's hard to see anything that the government has done that "ignores" artists in favor of the rights of the rest of the country. I can't name a single thing.

And I'm curious as to what he means by "they're not being protected like everyone else is." That's also not true. Copyright has been twisted to grant more rights than everyone else, in that it allows copyright holders to control what happens to works after they're sold. In many ways they get extra protection from folks in any other line of work.

Finally, he seems to assume that the only reason people create music is because of these protections -- and yet, as piracy has increased, so has the number of musicians and albums being produced. So, if he wants to create some sort of union that goes on "strike" for a day, I would imagine that there would be a massive influx of indie musicians (I guess they'd be "scabs") more than willing to get their music on the radio instead.

The problem is that for the vast majority of musicians who are not Garth Brooks, the bigger issue is obscurity, not piracy. Having those big name musicians take themselves out of the competition for even a day would thrill plenty of smart musicians, giving them a chance to get attention normally reserved for the Garth Brooks' of the world.

45 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bailout, performance rights act, radio, webcasters

Companies:
riaa, soundexchange



Senate Judiciary Committee Approves RIAA Bailout Radio Tax

from the and-so-it-goes dept

Because the federal government apparently hasn't helped the RIAA enough in the past century -- despite repeatedly changing copyright laws to favor the industry again and again and again (and again) -- the Senate Judiciary Committee has approved the Performance Rights Act, which effectively serves to tax radio stations for promoting music. It's quite obvious to anyone who actually understands radio economics that this makes no sense. After all, the history of radio has always been about payola -- having the labels pay the radio stations to play certain works. That's because the record labels know quite well that airtime leads to more money in terms of promoting an artist and building a business model around music, concert and merchandise sales. To the labels, airplay has always been the equivalent of advertising. That's why they pay for it.

But now they want the radio stations to pay them to advertise the labels' music? Isn't that getting the equation backwards?

This is nothing more than a federal bailout of the RIAA, who still refuses to embrace new business models. Instead, they have to squeeze others and get the government to force them to hand over money. A real business model doesn't involve changing the law. It involves giving others a reason to buy. Apparently, that's too difficult for the RIAA.

As for the claims that a performance license will somehow help musicians, that's bogus as well. First, ask the RIAA's SoundExchange about all the money it keeps for itself and about all the musicians it "can't find." Besides, all this will do is harm up-and-coming musicians. Because radio stations will now need to pay more for playing music, they'll play less music, and if they're playing less music, they'll focus just on the big name acts. Smaller up-and-coming artists should be furious with the RIAA for giving radio stations less incentive to play their works. Remember, this is the opposite of payola. While payola got new records on the air, this will make sure fewer get on the air. But it will sure put a bunch more money in the pockets of the major record labels. So there's that.

74 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bailout, performance rights act, radio, webcasters

Companies:
pandora, riaa, soundexchange



Pandora Continues To Push Users To Vote For Shameful Radio Performance Tax

from the can't-compete? dept

We mentioned back in July how Pandora was urging its users to support the Performance Rights Act, which is effectively a government bailout for the RIAA by taxing already struggling radio stations for the right to help promote the RIAA's music. It's a travesty. The only reason Pandora supports it is because Pandora was pressured into its own ridiculous webcasting rates and wants to help bring down radio too. While I like Pandora as a service, I think it's shameful that it's now using the political process to burden competitors with a government created tax, that goes straight to the RIAA.

Apparently, Pandora has once again ramped up this effort to have the government tax its competitors. A whole bunch of you have been forwarding these ridiculous emails from Pandora that urge people to contact their elected officials in support of the RIAA Bailout bill. Most of those submitting those emails to us have said that you'll be doing the exact opposite, and are offended that Pandora is pushing you to support such a thing.

Yes, Pandora, it sucks that you got stuck with ridiculous webcasting rates that will make it difficult to remain profitable, but that's no excuse for trying to get the government to dump an unfair tax on your competitors.

77 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
ray beckermann, vexatious litigant

Companies:
riaa



Magistrate Judge: Neither Ray Beckermann Nor The RIAA Vexatious

from the now-stop-name-calling dept

Remember last year when the RIAA sought to have lawyer Ray Beckermann declared a vexatious litigant and asked for sanctions? Well, a magistrate judge has now said that the RIAA's complaints were "largely overstated" (shocking, I know) and that Beckermann should not face any sanctions:

"Although defendant's counsel took an unusually aggressive stance and, at times, veered into hyperbole and gratuitous attacks on the recording industry as a whole, I do not find clear evidence of bad faith on counsel's part."
Beckermann had filed a similar complaint in response, claiming that the RIAA was vexatious, but the judge ruled against that one as well (again, I'd say reasonably). All in all, this looks like sour grapes on the part of the RIAA who wasn't used to any lawyers actually challenging its lawyers on its overly aggressive legal campaign. As the article notes, the federal judge overseeing the case could still rule otherwise, but on the whole, it seems like this little distracting tangent may be over.

6 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
lawsuits, trial

Companies:
riaa



Is Ignoring RIAA Lawsuit Cheaper Than Going To Trial?

from the isn't-that-what-they-count-on? dept

A bunch of folks have been sending in Nate Anderson's article about how ignoring an RIAA lawsuit may be "cheaper" than going to trial. It makes for a nice storyline, but it's really not entirely accurate. It's based on the fact that Judge Gertner, who was the judge in the Joel Tenenbaum trial, just handed out some default judgments against people who never bothered to respond at all to an RIAA lawsuit over file sharing. In each case, Gertner chose the statutory minimum of $750 per song, much less than Jammie Thomas got in her two trials and Joel Tenenbaum received in his trial.

But, of course, these aren't apples-to-apples comparisons (not to mention that we're dealing with a classic "small sample size" problem). Specifically, the three trials involved a combination of poorly argued defenses that made the defendants look worse, combined with defendants themselves who both admitted to lying. And, add to that the fact that they're jury trials, where juries tend to give out larger awards than a judge does, and it's really not a huge surprise. If you had defendants who actually had a real case, combined with a defense team that actually argued the specific points, things might have been different. But, it looks like, with both Thomas and Tenenbaum, the goal was to create a bigger case that can get attention at higher levels to take on certain aspects of copyright law itself.

And, of course, as an addendum on the article notes, it's still probably cheaper to settle up in the first place, but that's exactly how the RIAA intends things to be. It's the same principle on which an extortion scam works: it's cheaper to pay up than to fight it. But, that doesn't mean it's right to just shut up and pay -- especially if the accused is innocent. As much as the RIAA must love Anderson's article, because it encourages people not to fight its lawsuits, the reality is a lot more complicated.

10 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
copyright, education, fair use, music, propaganda, schools, songlifting

Companies:
eff, riaa



Wait, Was That An RIAA Education Campaign... Or Is It About Turning Schoolkids Into Unpaid Shills?

from the why-is-this-in-our-schools? dept

We recently took a look at the many problems with the RIAA's "educational materials" that it's pushing on schools. The EFF (who has its own -- much more accurate -- curriculum for schools) has noticed one other significant problem with the RIAA's propaganda material. They include an exercise that involves having schoolkids pitch local newspapers and TV stations to present propaganda:

Imagine that you are in the music industry... With your team of fellow music industry employees, plan an information campaign that lets others know why it's important to get their music the right way... You'll want to convince your classmates that your teams' plan is the one that will become the class project!

Challenge: Take your campaign a step further by contacting the editor of your community newspaper or the director of your community cable television station to see if you can submit an article or video about your campaign.
Of course, since we were suggesting more reasonable responses to the RIAA's proposals, why not have those same kids do a class project where they talk about artists who have embraced what their fans want, and have showed that it's possible to do quite well with models that don't involve going to war with your best fans. In the meantime, we're still wondering why any school would use obviously biased materials from an industry association, rather than impartial materials that are actually accurate? Does anyone know of any schools that use the RIAA's materials? We'd love to speak to some teachers who do...

35 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
copyright, educational campaigns, propaganda, tarleton gillespie

Companies:
bsa, mpaa, riaa



The Propaganda The Copyright Industry Teaches Our Children

from the omission,-overstatement,-conflation dept

Last week, I spent some time highlighting some of the more ridiculous claims found in the RIAA's "classroom materials" which it hopes teachers will use to brainwash students. In the comments, someone pointed out that Tarleton Gillespie wrote up a paper last year examining such "educational materials" from the RIAA, MPAA, BSA, ASCAP and others, and found them to be quite lacking. Rather than actually teaching the ins and outs of copyright, most were focused on normative statements of a world those industries want to exist, as well as seriously questionable descriptions of what copyright is supposed to do and how those industries work. None of the materials seem to recognize that technology has also changed the production, promotion and distribution of new works, and none seem to recognize that content creation can come from those outside of the big corporate entities who paid for these materials in the first place. Again, it's worth asking: why does any educational institution or education professional use such obviously biased (and at times misleading) educational materials?

24 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
copyright, education, fair use, music, propaganda, schools, songlifting

Companies:
riaa



A Look At The RIAA's Copyright Propaganda For Schools

from the why-does-anyone-use-this-stuff? dept

It's back to school time, and our friends over at the RIAA have a blog post up excitedly talking up its special "curriculum" for teachers. But, of course, that "curriculum" is laughably biased and at times outright wrong. And it makes me wonder: why would any educational institution accept a one-sided curriculum written by the industry that's clearly designed to promote that industry's own business? Do schools use science curricula provided by Exxon or Monsanto? As for the actual content included in the curriculum (which, by the way, the RIAA links to incorrectly twice), it's almost a joke. Check out the RIAA propaganda. Fair use doesn't exist -- at all. Reading through the main document, I find not a single mention of it. But what does exist is all sorts of bogeymen about how evil file sharing is, how it exposes your hard drive to viruses and reveals your tax return info.

Oh, but the best part, is that the RIAA is pushing for a new totally made up term called "songlifting" which is the central theme of every single lesson. Sounds like "shoplifting," right? That's the idea -- though the RIAA cleverly tries to pretend that it didn't make up the word. In fact, it presents it as if it's a common term. Of course, the curriculum doesn't happen to mention the Supreme Court's Dowling decision, where the court specifically talked about how very different infringement is from "stealing." Of course, the RIAA also mentions the Grokster ruling -- but is misleading there as well, claiming that the law is clear that parents could be found liable for their kids sharing unauthorized files.

The actual exercises are ridiculous propaganda. The first one is supposed to be about "math" skills for the lower grades and "spreadsheet" skills for higher level students. Guess what the "math" is?

This part of the activity should help students recognize how songlifting, though it might seem harmless at first, can quickly become a largescale problem. Have students complete the calculations on the worksheet using spreadsheet software or a calculator. If time permits, repeat the first calculation by having students choose a realistic number of songs they would take if they could get them all for free. Adding desire to the equation in this way can further dramatize why songlifting can have an enormous economic impact.

Answers
Total number of songs lifted = 7,800,000;
Total cost of songs lifted = $7,722,000.
$926,640,000 (i.e., nearly a billion dollars).
Hmm. If we're simply making stuff up for propaganda purposes, how about "total number of new listeners a musician gets thanks to such sharing?" And then "total amount those musicians make when those new fans go to concerts or purchase merchandise thanks to hearing the songs for free." Might change the math a bit, but what do I know? I'm not an industry lobbyist, so my "industry" math isn't up to par.

Then there's propaganda about job losses:
Ask students to name some people who might work in this part of the music business (e.g., machine operator, printer, packager, truck driver, store manager, cashier, online order handler, etc.). Talk about how these people might be affected by songlifting, then have students work individually or in small groups to list other music makers unnamed in the story.
Ok. Why don't we talk about the jobs on the other side of the equation? How about all of the people employed by technology companies that the RIAA has helped put out of business through lawsuits? Or students that the RIAA has bankrupted via lawsuits? Have students put together a list of just how many lives and jobs the RIAA has destroyed. Point them to the story of MP3.com. And Napster. And Launchcast. And Grokster. Tell them how the RIAA tried to have the iPod (or, more accurately, its predecessor) banned, and have them think about how different life would be without it. Tell them how the RIAA is fighting hard to tax radio stations, putting so many radio people out of business. Tell them the story of the MIT student who the RIAA suggested drop out of school to pay a fine. Talk about how all of these people might be affected by the RIAA's overreaction to innovation and new technologies, and its own inability to embrace new business models. Then have students work individually or in small groups to list other tech companies making lives better that the RIAA has threatened, sued or put out of business.
Highlight the variety of career opportunities available in the music industry by having students research one behind-the-scenes music maker and write a brief description of that job.
Highlight the variety of career opportunities available in the tech industry thanks to new innovations that the RIAA has tried to kill. Then highlight the career opportunities in the music industry itself that have finally opened up now that the major labels are scrambling to learn technology.
Next, draw the copyright symbol (©) on the chalkboard. Ask if students know what this symbol means and where they might have seen it (books, posters, CDs, etc.). Explain that the copyright symbol is used to identify the owner of a piece of intellectual property and serves as a reminder that it is illegal for anyone to copy or distribute that property without the owner's permission.
Next, explain fair use, and how the above statement claiming that it's illegal for anyone to copy or distribute without the owner's permission is not necessarily true at all. Oh wait... that sentence isn't in there.
You might also inform them that our nation's Founders included copyright protection in the U.S. Constitution (Article I, Section 8), believing that it would encourage creativity by giving the creators of intellectual property an exclusive right to profit from their artistic talents.
You might also inform them that those Founders were highly cautious about this issue, and had stated their worries that these monopolies would do more harm than good, and that they should be greatly limited and monitored to avoid such harm. You might also want to point out that the RIAA seems to have forgotten the "limited time" part of this, but I guess you can be forgiven, since they (and their friends in the movie industry) have pretty much convinced Congress to ignore that part.

Then there's this fun list of "brainstorming ideas" with some responses/corrections/clarifications after each one:
  • Songlifters take millions of dollars of music each year.

    Actually, file sharers don't "take" any money. This is a flat out lie.

  • Songlifters hurt all kinds of music makers, not just the stars.

    Those who have embraced file sharing in combination with smart business models have found it works for all kinds of music makers, not just the stars.

  • Songlifters keep new artists from getting their chance at stardom.

    Many up-and-coming artists are finding that giving away their music is a large part of how they build their fanbase and become stars.

  • Songlifters are breaking the law.

    In many cases, those who share unauthorized files may have violated copyright law, though it's a civil issue, not a criminal one.

  • Songlifters can get other people in trouble by sharing illegal music.

    Because the RIAA isn't very good with data, it's been known to sue the wrong people

  • Songlifters can get computer viruses when they illegally download online.

    Doing things online when not careful can result in getting viruses. That has nothing to do with file sharing. Careful users can avoid viruses.

  • Songlifters don't respect other people's intellectual property.

    The RIAA doesn't respect fair use rights, the need for a lively and dynamic public domain or the right of technology companies to innovate.
The whole thing is pretty ridiculous frankly. It doesn't even make a half-hearted attempt at talking about the rights of everyone else or the actual purpose of copyright law. The whole thing is basically about brainwashing kids into accepting that the record labels' old business model must stay in place forever. Luckily, most kids are smarter than that and can see through such propaganda pretty quickly. However, if schools really are interested in educating kids about copyright, why not use a non-industry curriculum, like the one put together by the EFF, called Teaching Copyright.

71 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
music, royalties, webcasting

Companies:
launchcast, riaa, yahoo



RIAA Loses To Yahoo Over Webcasting Rates

from the finally dept

Well, finally. The RIAA has lost its case against Yahoo over what royalties the Launchcast service needed to pay. As per usual, the RIAA kept trying to add on additional fees. Rather than just webcasting fees, it also wanted an additional royalty for being an interactive service. This is a neat trick that the RIAA has been pulling a lot lately. In the past, every time some new technology comes along, the recording industry runs screaming and crying to Congress about how unfair it is, and how it needs a special new royalty for that new technology/service. But here, because Launchcast was online and combined elements of different services, the RIAA simply figured it could lump all the different royalties together and get Launchcast/Yahoo to pay multiple times for each use of a song. The entertainment industry sure does love trying to get everyone to pay multiple times for the same thing.

But, it appears the court was having none of that, saying that the service didn't provide enough user control to make it an interactive service that would require a different license (though, it still has to pay the basic webcasting fees). The ruling here did not take kindly to the RIAA's argument that being able to choose which station you wanted to listen to (or that you could skip songs) made it somehow interactive beyond regular radio:

"Launchcast listeners do not even enjoy the limited predictability that once graced the AM airwaves on weekends in America when 'special requests' represented love-struck adolescents' attempts to communicate their feelings to 'that special friend'."

9 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
performance royalties, radio, satellite radio, tax

Companies:
riaa, sirius xm



Sirius XM Passes RIAA Tax On To Consumers

from the but-of-course dept

Not quite sure how I missed this earlier (update: oops, turns out we didn't miss it -- so consider this an encore presentation), but Bret alerts us to the news that with the ever increasing royalty rates pushed by the RIAA in the form of its "spin-off" Sound Exchange, and codified by the Copyright Royalty Board (for whom I still do not understand how anyone can justify its existence), that Sirius XM has simply added a $2 RIAA tax to everyone's monthly bills to help pay for the new performance royalties. Yup, because the RIAA and its members haven't been able to come up with a business model that works, they get the courts to tax you for listening to your satellite radio (on top of what you already pay and what they already pay to songwriters and publishers) and that gets passed on to you. Just imagine what will happen if the RIAA gets its wish and gets to add a similar tax to terrestrial radio stations as well. If you thought radio was chock full of commercials before...

91 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
copyright, music business

Companies:
bsa, riaa



Yes, People Dislike The RIAA Because Of Its Actions, Not Because Everyone Hates Music Business People

from the that's-a-new-one dept

We mentioned the debate going on between copyright lawyers Ben Sheffner (supporting the entertainment industry's sue 'em all strategy) and William Patry (explaining why they're abusing copyright law, rather than focusing on business solutions), and Sheffner's response struck me as being wrong on a large number of points. In it, he argues that people's general hatred for the RIAA has little to do with its legal strategy, but that people just hate the music business:

I think a lot of this negative opinion was due not to specific alleged misdeeds, but to the very nature of the business and its product. Music is about fun, escapism, pleasure. The fact that music is also a business, populated with accountants, lawyers, enforcers, and other not-so-fun people, is quite jarring. It's natural that people react negatively when confronted with the harsh reality that it's about more than "the music" -- it's about making a buck.
I find this incredibly unpersuasive. It's not the fact that the music industry "makes a buck" that pisses people off, but the manner in which it does so. Sure, people have hated the industry since before Napster came around (though, I'd argue that Sheffner's not paying much attention if he doesn't realize how much greater it's become -- we're talking an order of magnitude). But, the reason was actually a precursor to what's happening today: which is that the industry was run by people who looked to screw over everyone. The history of the music business is not pretty. Sure, some people may not like "the business side," but the issue most people have is not that it's a business, but the way the business has been run. It was always designed to rip off both the artists and consumers at every turn. The folks who have run the music business for years have always looked at things as a zero sum game, rather than a market that can be expanded. So they squeezed everyone. It's just that the internet made it that much more blatant.

Sheffner then tries to back up this argument with another claim that is entirely unpersuasive:
The contrast with the public's attitude toward the software industry is instructive. The Business Software Alliance, the industry's equivalent of the RIAA, is very aggressive in its enforcement efforts, famously offering bounties for ratting out software pirates.... But my sense (admittedly anecdotal) is that most people have little problem with the BSA acting to enforce its members' copyrights; it's certainly a far less unpopular organization than the RIAA. (Can you imagine the outcry if the RIAA offered rewards for turning in your friends who "share" music without paying for it?) Why the difference? My hypothesis is that people have no trouble accepting that software is a serious business, and that owners of software copyrights, who spend millions developing their programs, have every right to stop people from copying them for free.
First, perhaps it's because Sheffner hasn't spent much time around the software industry, but the hatred of the BSA runs incredibly deep as well. And, yes, people find their marketing schemes to be totally ridiculous as publicity stunts. The BSA is also regularly mocked (not just by us, but by the mainstream press) for its annual rollout of BS stats on piracy, that falsely count every copy as a lost sale, and then double, triple and quadruple count "ripple effects" on the economy, but never account for how the savings from not buying overpriced software also "ripple" through the economy.

Furthermore, the rather obvious reason why it's a smaller group of people up in arms about the BSA's tactics is that the average person rarely buys software. Most people buy a computer pre-loaded with software, and then maybe download a few applications. But actually going out and getting new software occurs a lot less often than the average person gets new music.

The RIAA's tactics have received more attention because it's a larger community that interfaces with them on a regular basis. It's got nothing to do with some mystical feeling that floats around music.

163 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bailout, high school radio, performance rights act, piracy, radio

Companies:
fcc, musicfirst, riaa, soundexchange



Why Is The FCC Even Giving The Time Of Day To RIAA's Bogus Radio Witchhunt?

from the waste-of-resources dept

Earlier this year, MusicFirst, a lobbying group that is run by the RIAA and pushing for a special tax on radio stations for daring to promote songs, came out with its latest in a long list of bizarre claims, demanding that the FCC investigate the fact that radio stations were supposedly boycotting musicians who supported the Performance Royalty tax. There were numerous problems with this claim. First, we thought it was rather hypocritical of MusicFirst to demand that radio stations play these artists, when it was the very same MusicFirst that was also claiming that radio was "a kind of piracy" for playing the music of these very same artists without paying a performance tax.

So, apparently if a radio station does play these artists, it's piracy. If it doesn't play these artists, it requires an FCC investigation.

Beyond that, MusicFirst failed to note that many of the artists topping the charts (including the Black Eyed Peas, who topped the charts at the time) were some of the most outspoken artists in favor of this tax. If there was some big conspiracy to not play these artists on the radio, someone forgot to tell... well... pretty much every radio station around.

That highlighted the third problem: MusicFirst didn't happen to point to any radio station that actually did this. The only one that could be dug up was a small high school radio station that had publicly boycotted artists supporting such a tax (which would have shut down the radio station), but only did so for one month and that month happened two years ago, and was a clearly supported expression of free speech.

And that brings up the final point. The recording industry has no right to demand that radio stations play certain artists. A radio station is free to play whatever artists they wish and run whatever commercial they wish. This is a pure free speech issue, and it's quite troubling that the recording industry is targeting radio stations when they have no right over this.

Based on all of this, you would hope that the FCC would simply laugh off the petition... but tragically, it's opened up a consultation on the matter and is asking for public input (found via Michael Scott). The article linked here goes through all of the First Amendment questions raised by this, and notes (thankfully) that the FCC seems to recognize those issues as well. But, if that's the case, why even bother holding this investigation in the first place?

29 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
joel tenenbaum, musicians

Companies:
riaa



Project EquillibRIAA: Putting Joel Tenenbaum In Touch With The Musicians In Question

from the good-idea? dept

Not sure what I think of this, but Michael Scott points out a project being set up to try to put Joel Tenenbaum in touch with the musicians whose music he downloaded and shared. The idea is to find out what the musicians think of the RIAA's lawsuit and the $675,000 fine. After the Jammie Thomas ruling, for example, Richard Marx, one of the musicians whose music was involved, came out and condemned the RIAA's action. Considering that the RIAA is out there claiming this is all for the artists, it would be worthwhile to find out what those artists have to say.

I have to admit that I hadn't looked at the actual list of 30 songs that were a part of the trial, but I'm pretty surprised to see some of the names on the list. For example, it includes Nine Inch Nails -- and we've already had plenty of blog posts about Trent Reznor's new business models which succeed by encouraging file sharing, recognizing that with more people listening to the music, there are many other creative ways to make more money. In fact, Reznor famously has told fans at concerts that they should download the music that was released under his (former) major record label. I'd love to see the RIAA let us know how much of the $675,000 will get to Reznor. The spreadsheet on the Project EquillibRIAA also lists Radiohead (who has spoken out against the RIAA tactics) and Courtney Love (who has been very explicit in condemning the RIAA's actions since way back in the Napster days), though I don't see either of them actually listed on Joel's list.

Either way, I agree it would be interesting to see what the musicians have to say -- whether they agree with the RIAA's strategy or not... and if they expect to see a dime of the $675,000.

47 Comments | Leave a Comment..

 
Ramblings

Ramblings

by Mike Masnick


Filed Under:
cara duckworth, deserving to get paid, entitlement, joel tenenbaum

Companies:
riaa



More On Deserving To Get Paid

from the vs-infringement dept

There's been an interesting discussion concerning my post taking the RIAA to task for various (incorrect) "FACTS" it listed about Joel Tenenbaum and his case. As expected, of course, not everyone agrees with me, but there's a point of disagreement that I wanted to focus on, because I think people are merging two ideas in their minds, and it's clouding their judgment:

  1. There's the issue of whether or not Joel Tenenbaum had the right to download or share the songs that he did. On that we absolutely agree that he broke the law. No questions at all.
  2. There's a separate issue of whether or not the RIAA "deserves to get paid" for its music.
The folks who are arguing against my point combine these two as a single point, and say that if Joel downloaded/shared the music then the labels "deserve to get paid." My argument is that those are two separate discussions. We agree that Joel broke the law. But that doesn't mean that the record labels "deserve payment." There's no indication that Tenenbaum would have bought CDs in absence of the songs being available online. The labels have a job to do, which is putting in place a business model that gets them paid. And they're failing in doing so, which is why their financials are looking so pitiful these days.

I recognize that it's difficult to separate out these two issues, but it's important. If you understand that these are two separate issues, then you recognize that this is a business model issue, not a legal one. If you recognize that these are two separate issues, then you recognize that it's not about "deserving to get paid" and there's no "we had no choice but to sue." Instead, you recognize that the issue is that the labels have failed to put in place a business model, and their response has been to fight the wrong thing. It's to legally go after the people who wish the labels had put in place a better business model, rather than actually putting in place a better business model.

103 Comments | Leave a Comment..

 

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