funchords
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1 edit | Why the RIAA wants the ISPs to be Judge and Executioner
The RIAA sees the handwriting on the wall, courts really really really like to see evidence. It's like justice that way, ya know?
said by »news.cnet.com/8301-1023_3-10129640-93.html :Judge Davis threw out the verdict in the case because he argued that "actual" distribution of copyrighted music must be proven for the law to be violated. Therefore, the RIAA had to prove that users downloaded the music that Thomas was making available through the peer-to-peer service. Simply making the content available is not a violation of copyright, under this reasoning. But the RIAA has said that proving that songs have been downloaded from services like Kazaa is nearly impossible. As a result, the RIAA has long argued that making digital music available for others to download illegally is an infringement on copyright. Over the years, judges have disagreed on this reasoning, and as a result, they have written different opinions on this issue. As a result, it's very likely that the legal issue of what constitutes copyright infringement will eventually be decided by the Supreme Court. So if the ISPs were to become the RIAA's henchmen, then they can expect those targeted by this legally inept "DMCA Notice" methodology to "react poorly" (sue) after being cut off from their monopoly broadband provider without a shred of actual evidence. And when that happens, the RIAA is ironically not at risk because it's the ISP that took the ultimate harmful action against its own subscriber.
If the ISPs get conned into this, the RIAA walks free. After all, the RIAA just makes notice in good faith based on the information (even less information than in the cases that they actually take to court).
We now know that this information (even when really really good) isn't enough to prevail in court -- so the ISPs are setting themselves up for a lot of exposure here. Why fight the battle that they know -- in advance -- that they'll lose?
WHAT RIAA SHOULD DO
Consider all the information that shows that internet music is an excellent marketing tool. I don't know if it's true, but it's not like free FM-radio play really hurt concert and merchandising sales.
I still maintain that it's pretty distasteful to share a movie or album that is newly released. Reform copyright exclusions to recordings to 5 years, appeal to the people to get behind it as the right thing to do and get it passed, and if it becomes law -- go after the comparably few people that would abuse that. (Am I fooling myself here? I don't listen to much popular music so I'm not really much of a cultural insider.)
Jim Croce doesn't need another dollar for Bad Bad Leroy Brown.
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Robb Topolski -= funchords.com =- Hillsboro, Oregon -- KJ7RL
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RadioDoc
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| I doubt Jim needs much of anything or has for decades... 
You may have inadvertently tripped over a major distinction here with "but it's not like free FM-radio play really hurt concert and merchandising sales". Revenues from concert tickets and merchandising sales rarely go to the record label...they are a primary revenue source for most bands though.
I know what you meant though. I have six shiny new CDs received as Christmas presents which I would never have even considered purchasing were it not for Internet radio, specifically Radio Paradise. The RIAA jams fingers in ears and hums loudly when approached with such proof of induced sales, which pretty much defines the problem.
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funchords
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| said by RadioDoc  :You may have inadvertently tripped over a major distinction here with "but it's not like free FM-radio play really hurt concert and merchandising sales". Revenues from concert tickets and merchandising sales rarely go to the record label...they are a primary revenue source for most bands though. Yeah, I didn't know that.
But today's labels don't develop talent, either, do they? I know that 50-30 years ago, after an act was discovered, there was actual training and development involved.
So their services are probably less. Concerts do sell CDs -- I bought a CD this summer in a subway out of a guitar case. It was a a-capella doo-wop trio from Philadelphia called "the Underwoods" -- they were hosting an impromptu show and were quite good!
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Robb Topolski -= funchords.com =- Hillsboro, Oregon -- KJ7RL
What you do at Christmas does not matter so much; What counts are the Christmas things you do all year through. |
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kadar
Premium,ExMod 2001-02
join:0000-00-00 | reply to funchords
Wouldn't that nullify the safe harbor clause? |
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EasyDoesIt
join:2005-04-12
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said by funchords :Jim Croce doesn't need another dollar for Bad Bad Leroy Brown. Unfortunately Jim Croce died in an accident in 1973. He was one of my favorites. |
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S_engineer
join:2007-05-16
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said by funchords :Jim Croce doesn't need another dollar for Bad Bad Leroy Brown. Well since Jim is 6 feet under, he wouldnt get to spend the dollar anyway...which is another point. The RIAA supposedly did this in the best interest of the artists, but yet the artists made no money off of this extortion racket...but I digress. Back to Jim...I think its the estate of "Jim" thats trying to still milk whatever royalties that he may have had.
Maybe the RIAA should worry more about setting a mandatory retirement age for these "rockstars" so we don't have to see Mick Jagger drinking Metamucil while wearing Spandex on the Stones Social Security Tour!
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funchords
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said by EasyDoesIt :said by funchords :Jim Croce doesn't need another dollar for Bad Bad Leroy Brown. Unfortunately Jim Croce died in an accident in 1973. Yeah, I know. But since this thread isn't about MPAA, I can't use my copyrighted "Walt Disney / Mickey Mouse" line.    
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Robb Topolski -= funchords.com =- Hillsboro, Oregon -- KJ7RL
What you do at Christmas does not matter so much; What counts are the Christmas things you do all year through. |
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Kearnstd
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Music and movies should be limited to 7 years copyright, honestly a good band will make their money in that time and a good band will make much more off their live shows. movies well if it really sucks it was gunna loose money anyway.
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