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IT Blogwatch

A Daily Digest of IT Blogs from Richi Jennings

The RIAA hates us all (and bigtit.hu)

It's the last IT Blogwatch of 2007: in which the Recording Industry Association of America is loved by precisely nobody (not even the artists it claims to represent). Not to mention a 50 ft. Hungarian bird...

Marc Fisher reports:

In an unusual case ... the industry is taking its argument against music sharing one step further ... [the RIAA] maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer ... Whether customers may copy their CDs onto their computers -- an act at the very heart of the digital revolution -- has a murky legal foundation, the RIAA argues. [more]

Brett Thomas adds:

The RIAA argues that the copies from the CDs are not in fact legal copies - they are actually "unauthorised reproductions," and that the personal use intent was irrelevant ... this is the first time the organisation has attempted to actually stand behind that threat ... Happy 2008, music fans. [more]

Kathryn Vercillo is somewhat sympathetic:

This is just one example of how interested people are in the topic of how copyright laws apply to the changing technology in our modern world. The fact of the matter is that there’s a gap between the laws that are on the books and the reality of life today. The courts are having to play catch-up with copyright lawsuits such as this one. [more]

But Matt Asay disagrees:

It's even worse than that, it turns out. The RIAA is actually trying to rewrite copyright law on the fly ... This is so clearly not against the law that I'm shocked the RIAA would bother with the attempt. Why, oh why, does the music industry insist on making things hard for itself? Apparently because it's run by complete bozos ... No sane company sues its customers. Adoption is the bread of economic life. [more]

Mark 'Rizzn' Hopkins predicts the RIAA will die in 2008:

In late November, EMI ... announced that they’d be “substantially cutting their funding to industry’s trade bodies.” ... A couple days [later] Warner Music Group announced that they made less than half the amount of money that Radiohead did for the year. The cause? A significant portion of the proceeds from artist creativity went directly to suing the customers by way of contributions to the RIAA ... Prince this year was so disappointed by the fact that the RIAA had been unable to stop the piracy of his music by suing 12 year olds that he took to suing them himself. [more]

Robert Scoble wonders if it all matters:

We should all thank the RIAA for doing such a great job and making our lives better! ... No one should copy Britney Spears, not to mention listen to her. The RIAA is doing us a service by making sure we don’t listen to her ... They’ll force the kids to buy non-DRM music from the get go and not buy any CDs. Good for the environment!. [more]

Brian Solis is convinced that the RIAA wants you to stop buying CDs:

They want us to ... start illegally downloading and sharing files with our peers. Why do I believe this? Because that’s what they’re driving us to do ... Isn’t the ability to buy a CD and port your music onto your portable MP3 player the only reason you buy CDs nowadays? I can’t remember the last time I carried a portable CD player, nor do I carry my encyclopedia of CDs from car to car. [more]

David A. Gatwood thinks different:

The status quo is nothing more than a de facto presumption of legality. At such point as a judge rules that it is legal, that becomes legal precedent. The last thing [the RIAA] want is for format shifting to be ruled fair use, since they have made their living over the decades precisely through reselling the same content in different formats over and over again ... that would mean that they basically would have to make a living entirely by creating new music that is worth listening to, something which they haven't, IMHO, done successfully in a very long time. [more]


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Best answer gets a link to your weblog next year!

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Buffer overflow:

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Richi Jennings is an independent analyst/adviser/consultant, specializing in blogging, email, and spam. A 20 year, cross-functional IT veteran, he is also an analyst at Ferris Research. You too can pretend to be Richi's friend on Facebook, or just use boring old email: blogwatch@richi.co.uk.

Previously in IT Blogwatch:

What People Are Saying

This case has a complication...

I am uneasy about some of the things RIAA has been doing in its antipiracy approaches, The possibility that they are now going after people copying for personal use content from discs they have legally purchased or legally obtained caught my attention.

But as I was looking through some more information about the case, it had something strange that was bothering me: How did the RIAA learn about the 2,000 or so mp3s the fellow had on his PC?

Was it spyware? A tip, say, from a computer repair shop? One likely possibility was the mp3 were -- wittingly or unwitting -- disclosed via a peer-to-peer file sharing program or other software. This may have been the case.

The RIAA supplemental brief in the case mentions that an investigator found the mp3s via KaZaA. The brief argued that this was evidence of the intent to distribute the copies. Ouch! But that's also sort of good news that the RIAA wasn't making a full leap into going after people who purchase CD's, copy their contents to the PC or mp3 player AND do not make those files available to others. At least, not yet.

References and links to them are on my blog at http://jabolins.livejournal.com/6855.html

Yes, but...

This is true, but the point that some commentators were making is that if the RIAA wins this case, it may well set a legal precedent by the back door.

The fear is that courts may conflate "making available" with "unauthorized copy" -- effectively ruling that format shifting is no longer "fair use".

If that happens, we are all in deep guano, my friend.

I can't wait to read the Web server logs

Looks like a marvellous vote stuffing operation has been going on over the past day or two. Rest assured that we'll be examining the Web server logs.

Wouldn't it be amusing if it were discovered that the RIAA was engaging in sockpuppetry or astroturfing?

Hell with the Music Industry

What the music industry seems to ignore is that there livelihood depends upon the people. This has to be Bush-ism at its best. I for one would call for a complete ban on all musical recording /CDs made by these labels. If everyone quit buying music CDs, the record labels would be brought to it's knees, begging to be listened too. Maybe this would allow artist to self-promote their music online! I for-one would love to see this happen!

let's boycott sales of music on CDs! let's switch to only MP3s

Amazon and others started selling MP3s, so If everyone switches to buying just MP3s then there will be no ground to sue people for moving files from CDs to their HDs. And the RIAA will die soon after...

RIAA Nazi-like dictatorship

What we have here is the RIAA trying to become dictator of the worlds music and how it is controlled, if they can now sue customers for copying music onto their computers from legally purchased cds, they will end up having to sue everyone who owns a computer and a cd. This is so Nazi like in idealogy its pathetic. BOYCOTT the RIAA, stop buying cds, and see how much the RIAA and artists like that. They are fighting a losing battle, they cannot stop the flow of downloaded and shared music, so why not just accept that---instead of trying to sue your customers and eventually causing the wrong kind of musical revolution they are pushing towards.

Why have we been paying a private tax ...

... to the music industry all these years in the form of surcharges on blank Compact Cassettes, CDs and VHS cassettes? I thought paying the surcharge on all this blank media gave us an explicit RIGHT to transfer our music purchases to different media for personal use. Why does the RIAA now think that they should sue customers who bought their products in good faith? The RIAA is a perfect example of an organization that has turned over decision-making power to their lawyers. Lawyers are trained to see problems, not solutions; to them, EVERYTHING looks like a potential lawsuit. To hell with the RIAA and their lawyers! (I bet I can hold out listening to my old CDs and vinyl LPs longer than they can survive without sale$.)

RIAA

Sad as it is, I am a musician and think that these days any band who has anything to do with the RIAA (be it record label or distro) should be out right banned from all listeners. Visit the riaa site and there you will see just who you need to avoid. It is time to turn off your radios and make your own (MP3 players are dirt cheap now).Go see the bands live buy their merch from their websites or the gigs only. We can be the news, radio the record labels.
THE TIME IS NOW!

Sony & RIAA

* Sony made money on the computer
* Sony made money on the MP3 player
* Sony made money on the CD
* Sony pays the RIAA to sue you for more money because you used their products in a way they were designed.

RIAA

I am an Australian who has lived here in Brazil for 15 years. My tastes are so eclectic that most of the music I like is simple not available here. The CD shops only carry the top 100 crap for fear of being left with a lot of beer coasters. And if it is available here, I can't afford it. It takes nearly 2 Brazilian $ to equal one US$, so the chances of me paying up to US$35 here for an imported cd is just not going to happen. If music is truly universal, why can't I go into a cd shop and order the cd or tracks that I want, and then wait while it is downloaded over a high speed line and burned directly to CD complete with covers. This technology exists NOW. I hate mp3s. I am an audiophile who CAN tell the difference, but as long as everybody in the food chain remains so greedy, I will continue to download mp3 files from the internet with a clear conscience. As long as the wankers at Warner, EMI etc insist on receiving the same amount for a cd or track, regardless of the economic situation of the country in which it is being sold, they will continue to suffer. Come and get me RIAA, I am not scared of you greedy fools.