Suing Your Customers a Good Idea?
VB writes "Boycott-RIAA is running Fred von Lohmann's article which looks like the ideal answer to solving the P2P problem. He suggests setting up a payment system similar to SESAC, ASCAP, and BMI, collecting organizations for songwriters. This seems such an obvious solution and a great way to get artists paid and give listeners the right to listen to their favorite songs cheaply and keep them out of jail. Why wouldn't this work?"
Because then the RIAA would not have control. Since when was this all about money?
Why wouldn't this work?
Because this system doesn't give the RIAA their share.
This sounds too much like what happens in Canada, where an extra fee is included in the price of most blank media. This fee is SUPPOSED to be re-distributed to the artists, but it rarely is. It is just another case of assuming people are only interested in copying music, never anything else like actual backups, or even recording your own music. Bunch of bozos.
Maybe suing your customer is a good idea if it is a one-off customer and you don't expect to have any other customers. Ever.
You can't handle the truth.
Why wouldn't this work?
Simply put, because RIAA doesn't want competition.
Steal This Sig
It's an email list with people talking about the digital delivery of art and the convergence of entertainment and technology.
Bunch of people there talking about this subject every day (and have been for years).
then we'll sell them pants!
-knowles
doesn't allow the maximum of money to be squeezed out of the punter, and thus will be fought tooth and nail by the guys who are in charge of the "industry" - the RIAA et al. as opposed to the artists.
Gamers Europe - Gaming News. Reviews.
There is a reason that this sort of payment system is ludicrous. The recording industry already gets federal subsidies from our taxes to compensate them for the "inevitable" acts of copyright violation that every citizen already commits. Their lobby convinced the politicians that everyone is a pirate and the only way to stop it is to have the government reimburse them for it. They are already getting paid by us once; they shouldn't get to put their hand in the cookie jar a second time. As far as I'm concerned my taxes have already paid for any and all copyright violations, which gives me the legal right to do as I damn well please with p2p software.
Because lots and lots and lots of people are now used to getting music for free. They don't care enough about the artists to pay for it now, why would that change?
It's official. Most of you are morons.
- Sucking them dry for every penny you can get out of them.
- Free publicity from trials.
- Insures the next time they go to buy, they will think of your company first.
Any others that you guys can think up?
I Am My Own Worst Enemy
Well, in theory they're not suing their customers. "Customers" are people who pay for stuff. If you're "stealing music" or "infringing copyright", you're not their customer; they get more money out of you by suing you, because it's not like they want your continued goodwill.
Of course practice is more complicated than theory, especially in the case of those who obtain music peer-to-peer as "free samples" and then go out and buy the album. And of course those who are just defending their constitutionally-guaranteed right to fair use (that is, the 71 minues of music you're entitled to download, but not the actual plastic of the disk, because your best friend already bought that, or maybe some guy in Ankara or Boise or somewhere named "kazaaliteuser").
Actually, I think the solution would be to simply make it a misdemeanor to upload or download music to or from the general public without permission of the copyright holder. Make a small but unpleasant fine (say $100), and make it easy to actually find and charge the file sharers, and very easy to fight if you're wrongly accused.
My problem with the lawsuits, is that it all seems so unfair. Even if people are costing the record industry money, it's highly unlikely that anybody is costing them several thousand dollars. I seriosuly doubt that most of these people charged innocent, and I don't agree that this is fair use, but the response is wrong.
Firstly, in much the same way as I don't approve of the death penalty for pickpockets, I also don't agree that these lawsuits are an appropriate response for file sharers.
Secondly, if the crime is really bad enough to justify a punitive fine, it should be considered a criminal offence. I have never agreed that the civil courts should be able to charge punitive damages. If someone is to be punished, then they should have the rights of all criminals, and be sentenced based on guilt beyond reasonable doubt. Not a mere balance of probabilities.
Most people's musical interest is in purely mainstream stuff that can be easily acquired legally on a service like iTMS. For those who can't find it there, this makes sense, but please, don't give me that excuse that you can't find most of the MTV/CMT hits on iTMS.
The thing that has always been a thorn in the side of those who don't abuse P2P are the users that download stuff that they could easily have gotten legally because they're too cheap to pay for mainstream stuff. Stuff like that really makes it hard to defend P2P, and that's sad IMO.
I'm sorry, but if you're downloading Brittney Spears or something like that, you have no excuse. Pay The Man. If it's some obscure band, then no big deal since you probably couldn't find a way to legitimately pay for it. Just remember, most of the cool bands out there that don't make too much money are subsidized by the teenieboppers who buy the pop junk. The profitability of the latter covers the lack thereof in the former and gives us more options, not that I'm suggesting that we buy the pop shit just to subsidize our favorite bands.
Ultimately the biggest barrier to this system working is the credit card processors. If they didn't charge so much for small transactions then micropayments would be possible and practical.
Click here or a puppy gets stomped!
About a week ago Lawrence Lessig mentioned a new book called Promises to Keep . The book, written by Prof. William Fisher, chronicles a bit of entertainment industry history and the various "alternatives we face for protecting copyright in a digital age" (to use Lessig's phrase).
Chapter Six is freely available (66-page PDF), and in that chapter an alternative compensation system proposed by Fisher (not entirely unlike Von Lohmann's from the main article) is outlined in excruciating detail. This detail includes specific cost and savings estimates.
What makes Fisher's proposal interesting is that he also includes a mechanism to allow derivative works to be created, and for both deriving and derived authors to be compensated.
- Neil Wehneman
My legal education, in nifty podcast format
And who would pay for all the marketing of the music? I know this is not a popular thing to bring up on Slashdot, but it takes a lot of money to market music. It's one of the reason bands want to sign a record deal, it's not just for the distribution, it's because the record company will promote the music. That doesn't come cheap in todays market.
When a band gets an album cover on the front page of iTunes, do you think that's because it's good? No, it's because the record company paid for "placement", just like they do with the big posters in the windows of Tower Records. That stuff doesn't happen for free.
We can all wish for some utopia world where the best music sells the most, but it doesn't work that way. If it did, Linux would be #1, not Windows.
It's probably already happened too..
RIAA Says you pirated music and shows the titles you pirated. Gives you 30 days to respond if you intend to pay or go to court. You dont respond so they consider their claim valid and hire a collection agency to begin a collection process. Of which they threaten your credit rating and such.
I'm sure it will eventually happen and those who have agreed to pay who dont may face this situation.
I've been in bands on several labels not dealing with the RIAA and have been treated fair. I've also been with other labels and have been ripped off.
For instance, right now the Star Trek band I'm in, is on a compilation for Trekkies 2. That label's payment seems to be 6 CDs marked "FOR PROMO USE ONLY". Not a surprise for us -- we expected it -- but some of the other bands on that comp have been bitching.
Not only do the bands not get paid, but they were told to buy copies of the CD from amazon because the label WON'T sell copies to bands. That's a nice step of sleaziness that I haven't heard of before. Ensuring that the bands can't even get beer money selling CDs at shows, and trying to get them to boost the amazon rating for a CD that 99.99999999999 of the population wouldn't listen to even if it was free.
Sheesh.
riding round the world on an old motorcycle
No, it takes a lot of money to market shitty music and make it appeal to the mindless by making it "seem" popular. Good music, like good books, can and does sell itself through word-of-mouth and mild exposure. People sharing what they like with friends* is a cheap, effective way for worthwhile stuff to get heard and spread around. Hell, how did Metallica ever get their fanbase but through fans passing around tapes?
*(Note that this is not an endorsement, or even an accurate description, of P2P.)
Remove the marketing dollars of the corporate labels, and "natural selection" will clear out a lot of the cruft from the stores and airwaves and make way for the good stuff. Less choice? Sure. But the percentage of good choices available will go up.
Karma: Excellent, but still won't get you laid.
ASCAP, SESAC, and BMI (of which I am an affiliate) don't pay most of their artists. Their collection scheme is somewhat misleading. For the most part, they only pay artists that gross over a certain amount, that make a certain amount of money on tour, sell a certain number of records, and have a significant amount of airplay. So basically only Britney Spears gets paid, and the millions of artists that are touring and sell a small number of records through distribution often never see the money. I know I never have.
The Performers Rights Organizations (PRO's) are in bed with the RIAA and the record labels. If anyone is ripping the artists off, it's the labels and the PRO's, not the filetraders. I refer you to a brilliant article at http://www.negativland.com/albini.html written by Steve Albini, producer of Nirvana's "In Utero" and mastermind behind the band Big Black.
Why do I keep hearing people on /. using this phrase? Is it because it carries more shock value? I'm not a fan of the RIAA or their practices, but the people they are suing (warrented or not) are serving out thousands of songs. In this fashon, they are not acting as customers of the RIAA.
I've had run ins mostly with sesac for the last year. I stream video of folks singing karaoke from a bar called 7 Bamboo here in San Jose California.
/end stupid licensing rant
I have several problems with giving some body blanket rights to collecting royaltees.
1. They can use whatever broad definition of what requires a license.
Once you give an organization the right to collect royaltees, there is no checks or balances in place to define what entitles them to a royaltee. Remember elevator music? Thanks to the licensing boards going after elevator operators, we no longer hear it. How in the world is elevator music making someone money? It's not, it's stupid.
2. Licensing board broad collection schemes.
I read over the sesac contract very carefully. Basically, I pay based on the number of hits my website gets in a month. What does hits have to do with the number of viewers on the video stream? Nothing, the two are completely unrelated. I could see paying based on my stream traffic, but not on the number of hits I get on the site. If they wanted to make me pay based on my ttsl reports Unfortunately me and the license boards don't see eye to eye on this one.
3. Just plain old greed.
The bar I work for already pays ascap/bmi/sesac public performance fees. They pay a total of $1500@year. Isn't that enough? Why do they want more for the stream? It's just stupid.
4. Lack of disclosure from the licensing boards.
I think licensing boards should be *required* to tell folks exactly what would make them exempt from licensing fees. Unfortunatly this is not the case, they are more interested in getting you to sign a contract (which basically gives up all your rights) instead of telling you what does and does not count as copyright.
I found several sections of the US copyright law that gives me exemptions in the case with karaoke streaming on the net. There's several sections 110-117 which deal all with copyright exemptions. Parody, it's not the real singer or the real background music and it's free to watch. Also there is cultural exemption (We're a Japanese owned karaoke bar, karaoke is from japan) Despite me pointing these out to sesac on several occasions, they're still very insistant that I pay royaltees for the stream.
Anyways, licensing boards need to operate more like a goverment agency than a glass tower of lawyers (which is exactly what they are now) Their only interest is money, and there is no limit to where they will go to collect it. They will lie, use scare tactics, and do everything short of sending hired goons to collect it.
On top of that, lawyers are not techies. Letting a group of lawyers define the law on anything technical is a *bad* thing.
Ok, end rant. Watch my karaoke station.
Exploitation of people exists in every system. Unfortunately I think it is in the nature of political systems. It certainly exists in Capitalism, but was worse in Feudalism and arguably worse in Soviet Communism.
There will *always* be predatory people. It is *not* a function of the economic system but rather a function of the nature of human politics.
The goal, IMO, is not to eliminate such exploitation but to make sure that a) the public good is defended and b) that there are checks and balances that prevent such exploitation from getting out of hand.
Unfortunately, the RIAA has subverted the public good with very little discussion or debate, and to date, there are precious few checks and balances on that system.
LedgerSMB: Open source Accounting/ERP
Here is a short list. Some are in America, others are global. Remember the blank audio tape tax passed in the 80's? It's still in effect as well as a more modern blank CD and CD/DVD burner tax.
_ moreschools/ 0 120018251.htm
http://www.boycott-riaa.com/facts/
http://news.zdnet.com/2100-1009_22-891781.html
http://www.theregister.co.uk/2004/04/28/riaa_sues
http://www.geek.com/news/geeknews/2003Jan/gee2003
And here is some info on blank CD taxes in the US and around the world.
Please note that not all of these "taxes" are government taxes in the traditional sense. There are a couple of important questions you should ask yourself though. If every blank CD and new CD/DVD recorder has a tax that is paid to the RIAA (not the artists) as compensation for copyrigt violations, does that mean that we are now free to pirate music since the fine has been paid in advance? Do you believe in corporate welfare? Also, should the public allow tax money to be used to fund governmental investigations into civil matters, such as copyright violations, if said findings are only used to support the corporation (favoring a corporate entity over individual citizen)? Please keep in mind, unless it is bootleging on a massive scale and/or the fradulent copies are sold for profit, it is a civil matter.
Don't forget, we have allowed our rights to me limited more and more over the last couple decades. The media taxes, DMCA, copyright extensions, and many others have made the corporate job of enforcement easier at the expense of personal liberties. The DMCA in paticular only added a few new corporate rights, but was intended to make enforcement/prevention easier at the expense of, lets say, fair use or personal privacy. Not only have we given these corporations laws to make their lives easier, they have the nerve to turn around and say they need tax money because they don't have enough of their own to spend in their defense. It's the equavilent of erasing the fifth ammendment, handing over incriminating evidence, and funding the prosecution.
But companies in America not only hate their employees, but they are starting to hate their customers as well.
Remember Best Buy's Demon Customers?
It seems if you are not acting in a company's interests at every moment, the company is out to punish you. And until we start holding corporations accountable for their actions, as a consumer AND a country, they will continue to throw tantrums when things don't go their way.
Spare the rod, spoil the company.
Truthfully, now, isn't that a bit silly?
Next, you have to think about how this system would actually track what people download, in order to divide up any money collected. Do you really want to ask for even more monitoring software added to your ISP on behalf of the govenernment / entertainment industry? (I don't)
They claim that it would render all transfers anonymous, but even if it did (yeah, right) then there would be no way to identify cheats like bots that artificalially increase someone's popularity.
I could go on, but I'll stop there -- the EFF VCL isn't the answer.
IMHO, my suggestion is DRUMS.
Here's what I do: Bitty Browser & Andromeda