Worried about a music lawsuit? Check here

The Houston Chronicle ^ | July 26, 2003 | Dwight Silverman

[Pern]

Nervous music file-swappers who worry they may be on the list of 871 people targeted by recording industry subpoenas now have a Web site where their fears can be allayed -- or confirmed.

The Electronic Frontier Foundation, a non-profit group that fights for personal and privacy rights in cyberspace, has set up a Web site that lets users of file-sharing services check to see if their screen names have been targeted for legal action by the Recording Industry Association of America.

According to information on the site, the data is gathered from electronic court records and may not be complete. The database is updated when new names are available.

Users of file-sharing services such as Kazaa, Grokster or Morpheus usually sign on with an alias commonly known as a screen name. The alias is associated with a number known as an IP address that's assigned every computer that connects to the Internet.

The RIAA is presenting 871 subpoenas to Internet service providers demanding to know the real name and contact information tied to the IP address and screen name. Recent court rulings require providers to give up the information.

At the end of August, the association has said, it will begin filing lawsuits against file swappers.

The RIAA is going after people who are making music available for download, rather than file-swappers who are downloading music. The association has indicated it will sue offenders who offer as few as eight copyrighted songs via file-sharing services.

The association has suggested one way to keep from getting sued is to turn off shared folders so no songs are visible to other users. Critics of this approach have pointed out that, if everyone does this, it will cripple file-sharing services because no music will be available for download.

Millions of people use file-sharing services every day, with estimates ranging as high as 43 million in the month of May, according to a recent study by the NPD Group. The music industry is turning to suing swappers themselves after legal action against the file-sharing services failed to shut them down.

The music industry is suffering through one of the worst slumps in its history and blames the rise of digital music for its much of its pain.

[Bill S]

Certainly we all run afoul of some of the myriad (stupid) laws on occasion. I think, however, that I can say unequivocally that I have never broken any laws which resulted in depriving anyone of their rightful income. That's what happens when music is copied illegally.

[FLAMING DEATH]

I don't think you can.

Suppose you read an article on Freerepublic that was taken from another news site.

If you had visited that site, you might have seen an advertisement there.

If you clicked on it, you might have actually bought the product.

That's depriving someone of income.

Besides, depriving someone of income isn't a litmus test as to whether or not it is okay to break a law. If you posted here, you broke it, plain and simple.

I know it is inconvenient and stupid. That's why it needs changed.

[FLAMING DEATH]

Of course, this only applies to the POSTER of the article.

But, having ourselves associated with this site does lend our approval, and I doubt that, even if none of us HAVE posted an article, any of us would have a problem with doing so.

Come to think of it, I never have posted an article on Freerepublic, other than a vanity post once. But this wasn't a moral objection. Just laziness.

[Bloody Sam Roberts]

So...how many subpeonae are there for the username "kazaaliteuser"? That's the generic name that many users are listed as when they don't log in. And login is not essential to use the network.

[FLAMING DEATH]

Also, we can't just say, "When we download music instead of buying it, we deprive the musician of income".

Consider the Grateful Dead. All the music they ever made is freely available, because they wanted it so. This is because they're one of the rare examples of artists bypassing the system. Consequently, they developed an extremely loyal fan base, a large portion of which actually followed the Dead on tours.

Jerry Garcia was worth $9,900,000.00 when he died in 1997. (http://www.chromehorse.net/lists/costs.htm)

[Bloody Sam Roberts]

How exactly were they supposed to put securtiy in the shop?

Put encryption algorithms on the disk to prevent ripping. It's expensive and cumbersome so they opt not too. Can't cut into the almighty bottom line and risk losing the 5000% profits they likely make on a CD retail sale can we now?

[Bloody Sam Roberts]

I expect that they have chosen to target filesharers with huge collections, that have a permanent assigned IP address and high-speed connection (DSL/cable) and who have maintained a consistent user name on Kazaa.

These are the easiest targets in a lawsuit.

And the dumbest.

[FLAMING DEATH]

I saw someone else post something akin to,"You can't keep leaving the barn door open and expect the cops to track down everyone who keeps stealing your horses".

[Bloody Sam Roberts]

Don't worry, they know it. ;-)

Matbe so, but it's only good info until you reconnect or reboot if your cable/DSL ISP requires you to use DHCP. And most do.

[Bloody Sam Roberts]

Do not confuse the Big Record Labels of the recording industry with the RIAA.

The RIAA is a non-profit marketing organization of lawyers that is funded almost wholly by The Big Record Labels. They do not manufacture, sell or distrubute merchandise of any kind.

[SamAdams76]

News articles have very little initial value and a very short shelf life, that is hardly a fair comparison

I beg to differ. Most major newspapers now charge a hefty fee for back articles. I just paid the Boston Herald $4.95 for an article from six months ago. This is becoming a very lucrative source of revenue for them. I'm sure they do not appreciate the fact that many of those articles can be pulled up on sites like Free Republic.

If the RIAA is successful in suing individuals who are sharing music files, the newspapers are going to come after sites like Free Republic next. Mark my words.

[Havoc]

Wouldn't it be a better analogy to say they are suing their own shoplifters?

Not in the least. I have downloaded mpeg copies of songs I own on cd because I can put hundreds of mpgs on a cd and listen to them using one cd instead of having to change out 10 albums while sitting at the computer listening. I've also got a number of albums I paid for that are ruined or near ruined and have replaced bad tracks with mpgs. I've paid for the content already, why should I have to keep paying them for the same content. I have the original disks and inserts. I might add that I've done the same thing with VHS tapes. But that has been short lived as I've turned right around as I could afford to and have been replacing each of them with dvds.

I have a vast music collection and a much more sizeable video collection that I've spent a great deal of money on. If the MPAA or RIAA have problems with me, then they can do without any more of my money. I know I've been paying someone's salary with the mountain of money I've given in the last 3 years alone since my house burnt down. And I'm not shy, I'd countersue for defamation, libel or anything else I could find just to make my point. I've been walked on enough in life. I won't be a doormat. Bring it on.

[FLAMING DEATH]

It will be interesting to see what the "sharing is theft" crowd has to say about copyright laws if that happens.

[FLAMING DEATH]

Here's a good example of how a band can allow its music to be shared freely and still make money....

Digital Dead
Grateful Dead Begins Burning, Selling Own Concert CDs

By Bill Redeker


M O R R I S O N, Colo., July 11 — For the past week, the spectacular natural amphitheater Red Rocks, carved out of the Rocky Mountains' front range near Denver, has played host to 10,000 people a night, attracted by the legendary Grateful Dead.

Actually, make that "The Dead." Since leader Jerry Garcia died in 1995, the band has renamed itself a couple of times. The group's fans are extremely loyal. "Deadheads" are known to follow the band across the country during its annual summer tour.

This year, they've added an attraction for the faithful. Lead singer and guitarist Bob Weir calls it an "experiment." Every concert is recorded and digitally transferred to compact discs that can be ordered at the concert venue and shipped within a week and a half.

It's like going to the same concert over and over again. And it could well be the future of album sales for "performance" bands like The Dead, for many reasons:

Cost: A three-CD set of a typical performance costs $22. Compare that to the usual $17 or $18 charged by music stores for a single disc.

Incentive for the performers: Most bands like The Dead receive less than $1 for each album sold. By controlling the recording and marketing of their work, they now earn up to $8 or $10 an album.

This means a band does not have to sell a million records to make a decent profit. It can sell far fewer. It also means that less "commercial" songs get recorded. Finally, it should encourage start-up bands that can't afford to record with a major label.

Back of the Bus CD Burning

A simple laptop computer with not-so-simple software is the key. Dennis Leonard, The Dead's audio mixer, who is nicknamed "Wizard," sits in a tiny room or even in the back of the band's bus, mastering the recorded tracks and storing them in digital files. He can "burn" a CD from his computer or collect the digitalized tracks and send them off to Chicago for duplication. It's that easy.

"They're much better than the free downloads from the Internet," said Leonard. "Online MP3 files are compressed and don't provide nearly the range as a CD."

Someday, he believes the recordings will be digitally downloaded from a machine at the concert site only moments after the last song has been played. Fans will actually be able to listen to the concert they just attended on their car audio system, driving home.

The faithful seem to like the idea. So far, about 25,000 CDs have been sold. That's about 2,000 for each performance during The Dead's summer tour. Do the arithmetic, and the band pockets a quarter-million dollars. Call it "supplemental income," as they have already earned most of their money from concert ticket sales. Tickets go for $52.50 a head — or Deadhead, that is.

The egalitarian breakthrough is not, however for every musical group. Some bands cannot survive outside a studio because members need audio sweetening, dubbed-over voice tracks and other tricks to sound presentable. But the technology is perfect for bands that thrive on interaction with their audiences. Jam bands such as Phish, the Allman Brothers Band and String Cheese Incident have all embraced the "road recordings."

‘Room for Both’

This does not mean that The Dead will prohibit private recordings of their concerts. For years, individuals have been allowed to set up their own microphones and tape recorders at Dead concerts and make personal recordings. In fact, the Grateful Dead actually encouraged the practice and reserved a special area for the recorders.

But the road-show CDs will easily compete with the homemade recordings because they are professionally recorded and mastered.

"There's room for both," said Cameron Sears, the CEO of The Dead. "We're not going to prevent people from doing that. We hope they appreciate the fact we're doing it and by supporting this avenue we're opening up other doors for things that could potentially unfold."

In the meantime, the band continues its summer tour while picking up pocket change. "We're turning some handsome coin here," said Weir.

"It's good for music, it's bad for a small corner of the whole music world — that being people who make money selling records — and I'm sorry for them," he said with a wink.

What a long, strange trip it's been … and continues to be for the iconic road band.


http://abcnews.go.com/sections/wnt/SciTech/digital_dead030711.html

[FLAMING DEATH]

This shoots the RIAA's arguments right in the head. When given the choice between a free recording, or a professionally made one that sells for $22, some people choose (gasp!) the profesionally recorded copy!

[Deltaforceeoo7]

Glad this topic came up. I downloaded Kaaza about a year ago but had to delete it pretty fast. It put Spywarer on my computer. Is there Any Legal websites that I can download music from that does not put spyware on your computer? I'm looking mostly for Gospel music or oldies. Nothing new or in the top 100....

[eno_]

So stipulated. I should say: ...the RIAA constituent companies...

[FLAMING DEATH]

You could try Kazaa Lite. It is the same as Kazaa, but with the spyware and adware removed.

A Google search should find a suitable download site for you.

[rkrtgw]

A subject near and dear to my heart. Personally I don't care about the Record Companies, The Artist or the Songwriter. And Yes I agree its against the law, However it is the greedy music business that has created the law. They will milk every dollar they can from music that was recorded years before CD's and the internet were in place. They had no problem broadcasting their music on the free public airways when they thought it would sell more records. Now after giving away music on the free public airways along comes the internet. heven forbid they lose their chances to make money on something that was once given away for free.

[eno_]

The "sharing is theft" crowd consist of shills working for PR firms, and their posting on FR is part of a practice called "astroturfing."

Try critisizing airlines, the Drug War, or any other industry with a lobby and a strong PR operation. You will see, in each case, a set of "usual suspects" lining up to defend the undefendable. Yes, like "I found the anal probe by the pasty-looking TSA guy pleasurable."