RIAA Sues 80 More Swappers

Wired News ^ | 10/31/2003 | Katie Dean

[PeteFromMontana]

The recording industry sued 80 more music fans for copyright infringement on Thursday.

It's the second wave of lawsuits filed by the Recording Industry Association of America. In September, the music trade group sued 261 people, many of whom said they had no warning that they were targets of legal action for sharing songs on the Internet.

[PeteFromMontana]

File swapping

[Jack Wilson]

Suing your customers...

These aren't customers.

[Snuffington]

"The fact that the overwhelming majority of those who received the notification letter contacted us and were eager to resolve the claims is another clear signal that the music community's education and enforcement campaign is getting the message out," RIAA president Cary Sherman said in a statement.

80 down, only several dozen million to go. Not so sure I'd claim victory just yet, RIAA.

[antiRepublicrat]

At least now they're suing actual infringers instead of making up spurious claims of indirect infringement to blackmail college kids running search services.

However, when an industry starts suing current and potential customers, it's a sure sign that they have a serious problem with market vision and adapting to changes in the marketplace and other aspects of the real world.

Many smaller labels and bands are doing just fine in the file swapping era, using it to boost sales.

[Bonaparte]

The law that allows the RIAA to act as a court concerning subpoenas will be struck down. When that happens, those who have paid them off will get their money back, probably with interest. Congress has yet to learn that private industry groups are not the same as courts of law.

[tessalu]

I believe that the Recording Industry has come into all homes of people who own computers ininvited. They have come into the homes of people who own computers and they have set up shop there, where they are not paying rent. I think that the Recording Industry has set up an "attractive nuisance" and do not deserve one dime. If they want to sell records, let them sell them in stores, and leave all other people alone.

[Jack Wilson]

the Recording Industry has come into all homes of people who own computers ininvited

Actually, file swappers have opened their computers to the public. The RIAA makes an excellent argument: that file swappers have 'no expectation of privacy'.

[Ciexyz]

The Recording Industry is sure learnin' those file swappers a thing or two. (/sarcasm off)

[supercat]

These aren't customers.

Some were, some weren't.

In my younger days, before I had money, I committed much more copyright infringement than I do now; nowadays, if something's in print, I either buy it or do without. But when I was younger, friends and I would pool together, buy a few things, and exchange copies.

I would expect that a fair number of the people being sued bought and were continuing to buy a certain amount of RIAA merchandise, and the amount of RIAA merchandise purchased would have increased as these individuals' purchasing power did so. But probably not anymore.

IMHO, the RIAA's real concern isn't individual lost sales due to piracy, but it is instead that music production and (especially) promotion might become too easy. The RIAA needs music promotion to remain difficult or else they'll have nothing worth selling. Just as McDonald's is more interested in selling franchises than hamburgers, so is the RIAA more interested in attracting artists than listeners.

[Jack Wilson]

Customers pay for what they use. Shoplifters don't.

[supercat]

Customers pay for what they use. Shoplifters don't.

People's downloading of music can probably be subdivided into seven cases:

1. Person would not have been inclined to buy music, downloads it, hates it, and never listens to it again.
2. Person would not have been inclined to buy music, downloads it, likes it, and continues to listen to it but does not buy it.
3. Person would not have been inclined to buy music, downloads it, likes it, and decides to buy it.
4. Person would have been inclined to buy music, downloads it, hates it, and never listens to it again.
5. Person would have been inclined to buy music, downloads it, likes it, and continues to listen to it but does not buy it.
6. Person would have been inclined to buy music, downloads it, likes it, and decides to buy it.
7. Person would have been inclined to buy music, downloads it, hates it because the download is crummy, and never listens to it again, but would have liked the music if it had been purchased.

Of these seven scenarios, #5 clearly represents both unjust benefit to the listener and unjust deprivation of income to the record company. #2 represents unjust benefit for the listener, but not deprivation of income to the record company. #7 represents unfortunate deprivation for both listener and record company. #4 represents a loss of income to the record company, but not an unjust one. #1 and #6 are morally neutral. #3 represents a just benefit for both the listener and the record company.

My personal suspicion is that #3 probably occurred about as often as #5 and #7 combined. From a straight revenue perspective, they probably balance out. If a record company wants to increase #3 and #6 (the cases where it gets paid) while reducing #2 and #5, it would probably be better to focus on value-added product than on lawsuits. Things like good box art, useful leaflets, etc. can help convince someone who likes a CD to feel good about buying it. Lawsuits just make everybody miserable.

[supercat]

Customers pay for what they use. Shoplifters don't.

About ten years ago, the Marble Madness game at a local arcade somehow got (presumably) mis-set so as to give eight credits per quarter. I played that game a fair amount in the week or so it remained in that state. Was it wrong of me to take advantage of the incorrect setting, or was I merely taking advantage of the fact that the game's shifted price-point made it attractive to me whereas its normal price point ($0.25/game) would not have been?

[FreedomCalls]

Any of them 12-year olds?

[PianoMan]

well said.

[FreedomCalls]

Have you stopped reading newspapers and magazines even though you can get most of the recent news articles from them here on Free Republic?

[judywillow]

How much difference is there between downloading mp3 files and copying songs off the radio onto mp3 files?

When can I expect the legal papers for owning tape recorders?

[At _War_With_Liberals]

Great game!

[supercat]

Great game!

I would have liked it more if I didn't have to keep redoing the first three (or was it four) levels. I usually made it past Aerial Race, but got rather tired of it and all the levels before. Silly Race I got through a couple times, but I never had anywhere near enough time for Ultimate Race.

[supercat]

Great game!

BTW, am I the only guy who used both trackballs as a means of getting greater speed?

[At _War_With_Liberals]

I can't remember if anyone used both. I doubt it.

I play the computer version. Still cool...