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EMI Caught Offering Illegal Downloads

Hypocricy, LLC writes "While the RIAA is swift to punish any person caught offering illegal downloads, they're not very swift with outrage when a member company like EMI offers illegal downloads. Not only did the band King Crimson's contract never allow digital distribution to begin with, but band member Robert Fripp claims that EMI offered their music for sale even after their contract ended entirely."

49 of 182 comments (clear)

  1. TFA proceeds on a false assumption.... by idontgno · · Score: 5, Insightful

    It's not illegal if a corporation is doing it. Or The President (same thing). Or the CIA. Or if the Attorney General or Secretary of Homeland Defense say it's OK.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  2. Good for King Crimson. by The+Iso · · Score: 5, Interesting

    Contrary to common practice, KC owns the copyrights to their work.

    --
    "You don't need a weatherman to know which way the wind blows." - Bob Dylan
    1. Re:Good for King Crimson. by ehaggis · · Score: 4, Funny

      and KFC owns the rights to their 11 herbs and spices secret formula.

      --
      One ring to bind them - should probably have more fiber and less rings in their diet.
    2. Re:Good for King Crimson. by xPsi · · Score: 2, Funny

      Yes, yes, that's all well and good, but what about The Sunshine Band? That finally explains the hits "That's the Way (I Like It in the Court of the Crimson King)" and "I'm Your 21st Century Boogie Man."
      --
      i\hbar\dot{\psi}=\hat{H}\psi
    3. Re:Good for King Crimson. by shark72 · · Score: 4, Informative

      "Contrary to common practice, KC owns the copyrights to their work."

      It's more common than you might think. Plenty of musicians own the publishing and performance rights to their work. If they don't, the rights are often owned by a management company that's not connected to a label.

      The interesting thing is that this difference between distribution rights and publishing rights was a major hitch in online music sales getting off of the ground. Record companies couldn't simply put legacy stuff up for sale without breaking the law (as we apparently see in this EMI case); they had to get permission from the singer and/or songwriter or their agent or heirs. As recently as a couple of years ago it was common to find eight of ten tracks of a CD available for download; the other two were held up because, say, the lyricist for that song wouldn't give permission.

      A common reaction among P2P users at the time was "Well, if the [bad word here] record company won't make the music available for legal download, they deserve what they get and I'll exercise my God-given right to have the entire Turtles catalog for free." But ironically enough, it was often the [bad word here] artist who was holding things up.

      Nowadays, virtually all new recording contracts include digital distribution clauses. But as EMI has found out the hard way, there are still a few holdouts.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Good for King Crimson. by ScrewMaster · · Score: 3, Insightful

      I would think they probably don't. Isn't it a trade secret, much like the formula for Coca Cola?

      --
      The higher the technology, the sharper that two-edged sword.
  3. But since by JamesP · · Score: 5, Insightful

    this is "official piracy" there is no DMCA, there is no "thousands of dollars lost per song", etc, etc

    Record companies do this ALL THE TIME.

    Thay will most likely get a slap in the wrist and carry on with their criminal activies as usual.

    --
    how long until /. fixes commenting on Chrome?
    1. Re:But since by hyades1 · · Score: 5, Funny

      They need to reassemble the court/jury that convicted that woman and fined her a gazillion dollars. See whether they'd have the parts to go after somebody who can fight back.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
    2. Re:But since by Quantam · · Score: 3, Informative

      Allow me to briefly explain to you how the laws regarding awarding of damages for willful copyright infringement work.

      Infringement by an individual: $150,000 per infringement
      Infringement by a corporation: $750 per infringement

      --
      You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
    3. Re:But since by cfulmer · · Score: 4, Informative

      Lest somebody take you at face value, you're just being cynical -- the statute does not differentiate. A corporation can also be found liable for $150,000 per infringement and an individual can be found liable for $750.

    4. Re:But since by Quantam · · Score: 4, Informative

      Yeah. It was a joke (though sometimes it sure seems like the truth), although it hitting "5 informative" so fast ended up being a joke on me. :P If I understand correctly (IANAL), $750 is the minimum and $150,000 is the maximum for willful infringement.

      --
      You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  4. Shit like this happens all the time. by julesh · · Score: 4, Informative

    One writer I know got seriously pissed when her publisher's parent company gave google permission to include her entire book in google books. No, they didn't have the rights required to do that. Did they care? Not really, no.

    1. Re:Shit like this happens all the time. by empaler · · Score: 4, Informative
      From http://books.google.com/support/bin/answer.py?answer=43756&topic=9011

      What if I find one of my books in Google Book Search and would like it removed?

      We're happy to remove your book from our search results at any time, just as we do for website publishers and our web search results.

      If you're a current Google Books partner, you can simply add it to your uploadable list of books that you don't want scanned through the Library Project. Just log in to your account and follow the instructions here. If the book is already findable on Google Book Search, please also send an email to books-support@google.com or contact your account manager.

      If you're not a Google Books partner and you want us to remove a book, you'll need to provide us with a small amount of information about yourself as well as the specific name of the book you don't want included in Google Book Search. Unless you specify otherwise, we'll use your information only to verify that you are indeed the owner of that particular book. Please see our privacy policy for more details. To begin this process, please start here to identify yourself as the owner. If the book is already findable on Google Book Search, please also send an email to books-support@google.com with this information.


      HTH.
    2. Re:Shit like this happens all the time. by king-manic · · Score: 2, Interesting

      One writer I know got seriously pissed when her publisher's parent company gave google permission to include her entire book in google books. No, they didn't have the rights required to do that. Did they care? Not really, no. Depending on how the laws are interpreted in the future, Google didn't have to ask permission to archive, index and present excerpts of her book for search purposes as it is generally accepted to fall within research based fair use rights. It's a huge deal in the book industry and library industry but legally it's mostly going in Googles favor. Should it become possible to take more then small excerpts then Google might be in trouble but generally Google attract business so your friend may want to investigate how Google effects her fortunes.

      Not to say the issue has been decided. I think litigation is ongoing.
      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
  5. Looks like EMI will be eating... by msauve · · Score: 2, Funny

    some Crow's Tongue in Aspic.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  6. it seems to be hypocrisy, but it's not by circletimessquare · · Score: 4, Insightful

    you are assuming the message of the RIAA is "don't trade digital music because it doesn't abide by good ethical or legal standards or common business sense"

    you are giving the RIAA way too much credit if you think that thought ever motivated them

    the RIAA's message has really always been "do whatever the hell we tell you to do because we have more lawyers than you"

    with such a realization, you can come to understand the RIAA is operating in perfect consistency, without any hypocrisy about its behavior at all

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  7. In Germany, too by saibot834 · · Score: 4, Interesting

    The GVU (The German Federation against Copyright Theft) actively used and supported illegal Filesharing by setting up their own servers from which users could download copyrighted stuff. Of course they didn't bother asking the copyright owner if this was ok, they just did it, until Heise.de revealed the story (German Site) and the Office of Public Prosecutor came...

  8. sex pistols by xPsi · · Score: 3, Interesting

    would be happy with the (apparent?) hypocrisy of EMI:
    Don't judge a book by the cover
    Unless you cover just another
    And blind acceptance is a sign
    Of stupid fools who stand in line
    Like
    E.m.i

    --
    i\hbar\dot{\psi}=\hat{H}\psi
  9. Re:Seriously, by lawrenlives · · Score: 5, Funny

    Actually, this looks like a case for the Court of the Crimson King. Yeah, I said it.

    --
    Frankly, I prefer the company of nitwits.
  10. Re:Seriously, by Conspiracy_Of_Doves · · Score: 2, Informative

    I don't think that you understand. The RIAA isn't a seperate organization from companies like EMI and Sony Music. The RIAA is the big record labels. They invented the name to catch the bad PR so the evil things they do wouldn't reflect badly on the record labels themselves.

  11. As a friend of mine in the biz says... by dkleinsc · · Score: 4, Insightful

    The way the music industry is set up right now, the big 4 companies screw the label execs, who screw the label talent managers, who screw the band managers, who screw the musicians. (His career so far has been moving slowly up the chain, so that he's now responsible for more screwing people over than being screwed. Also, he's honest enough that when he was managing a band he wasn't simply taking the money and telling drunk band members they'd spent it all on drugs.)

    The fact that EMI assumed that King Crimson had agreed to the one-sided contracts that they have for most everyone else is a clear indication of how screwed up the industry is.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  12. Re:Seriously, by mrsteveman1 · · Score: 4, Insightful

    Thats true and also irrelevant, this is not a situation where EMI just decided to participate in P2P, this is a situation where they were never given the rights to publish this bands music online in the first place, and continued to do so even after ALL their rights were revoked by the end of the contract.

  13. Re:Seriously, by Conspiracy_Of_Doves · · Score: 2, Insightful

    The point was that something should be done, but it's not going to be done by the RIAA. The group should sue EMI themselves.

  14. Re:Seriously, by poot_rootbeer · · Score: 4, Informative

    The RIAA is the big record labels. They invented the name to catch the bad PR so the evil things they do wouldn't reflect badly on the record labels themselves.

    Evil things like certifying gold and platinum record sales, and standardizing pre- and post-emphasis equalization formulas so that an LP pressed by any label will sound correct when played back on any turntable manufacturer's device?

    You need to brush up on your RIAA history, man.

  15. You Don't Understand by Nom+du+Keyboard · · Score: 2

    EMI offered their music for sale even after their contract ended entirely.

    You simply don't understand. Only We can own music. You can create it, and we'll pay you a pittance, but We actually own it. We own the whole Concept of music.

    We used to own you as well, but some troublemakers and something about a fracas in 1860 changed too much of that. Oh, for the good old days.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  16. Re:Seriously, by canajin56 · · Score: 4, Informative

    The RIAA has never gone after anybody, they just like it when people think they do, especially when news companies do. News companies usually aren't stupid and don't get it wrong like that. Slashdot does though. Even when the linked articles mention which specific corporation is ACTUALLY SUING, the /. summary and title all magically replace EMI, Universal, Sony, or whichever other company with "RIAA SUES", which is a complete lie. So the real reason the RIAA won't go after EMI is because the RIAA doesn't go after anybody, ever. Plus, beyond that, King Crimson isn't a member of the RIAA, and they haven't signed an agreement with the RIAA allowing the RIAA to sue in their stead. You'll note that the BSA and the MPAA won't go after EMI for this, either, because they have no legal standing to do so, being as how it is not their copyright.

    --
    ASCII stupid question, get a stupid ANSI
  17. Re:Seriously, by Sancho · · Score: 5, Insightful

    It was also, almost certainly a mistake. Compare to most copyright infringement, which is almost always willful.

    The band absolutely deserves every cent that EMI made selling their music. They might even deserve a bit extra. But to suggest that this was intentional without knowing for sure is really pretty silly. "Never attribute to malice that which is easily attributed to stupidity," and all that jazz.

    What's more interesting to me is the intellectual masturbation that this can generate. The customers didn't know that they were buying illegal songs. They expected, due to the distribution mechanism, legal downloads.

    What about people on p2p? They tend to expect illegal downloads, but some bands such as NIN have released music on these networks. How can anyone differentiate between legitimate and illegitimate downloads?

  18. Utter fiction (mods please note) by Anonymous Coward · · Score: 5, Informative

    (RIAA) invented the name to catch the bad PR so the evil things they do wouldn't reflect badly on the record labels themselves.

    The above statement is complete and utter fiction.

    The RIAA was formed in 1952 as a technical consortium to create standards for compatabililty for phonograph recordings such as the RIAA equalization curve.

    What they later became is another matter altogether.

  19. I Talk to the Wind... by jumperboy · · Score: 5, Funny

    RIAA:

    Get thy bearings, practice some discipline, or you're in for one more red nightmare. Learn to eat your own cat food, great deceiver, before your coda is a requiem for a fallen angel. We'll let you know if we lament your passing in an epitaph. You may be walking on air now, but soon you'll have only the sheltering sky to protect your easy money, you dinosaur. One big happy family? It is for you, but not for us. If you think the fracture you get when Neal and Jack and me beat you with no warning will leave us sleepless, well, we'll let you know. You should be happy with what you have to be happy with.

  20. Re:Seriously, by Stormwatch · · Score: 5, Insightful

    The band absolutely deserves every cent that EMI made selling their music. They might even deserve a bit extra.
    Wasn't there recently a woman who shared a bunch of tunes on P2P and was fined in some dozen thousand dollars? This company should pay in the SAME proportion. That would be, what, enough to bankrupt the company?
  21. Re:Seriously, by cheater512 · · Score: 4, Insightful

    If it was a mistake then they would be trying to prevent the sale of the music now that its been brought to their attention dont you think?

    Instead they are still selling it. That means that its willful.

  22. whoa by nomadic · · Score: 2, Funny

    King Crimson is still around??

    1. Re:whoa by Nasarius · · Score: 3, Funny

      If we define King Crimson as "some band Robert Fripp plays in", then yes.

      --
      LOAD "SIG",8,1
  23. OK... by jcr · · Score: 4, Funny

    When asked about the incident, and EMI executive reportedly said "what's the big deal? Everybody does it! I mean, if the bands just charged reasonable prices, we wouldn't have to steal their suff, would we? I mean, come on!"

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  24. Re:Seriously, by Anonymous Coward · · Score: 4, Funny

    "The RIAA (Recording Industry Association) does hire people to monitor illegal downloads. They weigh the evidence, then turn it over to the proper Recording Industry Member (RIM). If Universal holds more of the rights, they give it to Universal."

    So what you're saying is that no one gets sued by the RIAA, they just get RIMmed?

  25. Re:Seriously, by Danse · · Score: 2, Insightful

    What about people on p2p? They tend to expect illegal downloads, but some bands such as NIN have released music on these networks. How can anyone differentiate between legitimate and illegitimate downloads? You don't see the RIAA suing people for downloading, do you? Because it's not illegal. It's the uploading (distribution) that is illegal.
    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  26. Re:We all knew this.. by MightyMartian · · Score: 4, Interesting

    To paraphrase Joni Mitchell, the record companies used to be owned by greedy bastards who liked music, now they're just owned by greedy bastards.

    This is what happens when the accountants and lawyers seize complete control, and the old-fashioned A&R guys are basically put in the position of the quickest bang for the buck. The record companies, by and large, are parts of big vast corporate machines owned by shareholders that could care less whether they made records, washing machines or F14 landing gear. Some guy up on the nine-millionth floor Big Bloated Monster Corp. says "the unit that owns recording and condom manufacturering isn't performing well this quarter, what's the explanation?" "Well, Mr. President of Big Bloated Monster Corp., people seem to be fucking less and there's this Internet download thing." "Get the lawyers. Sue everyone who downloads music and doesn't fuck."

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  27. Re:Anything is okay if the "Decider" says it's oka by Torvaun · · Score: 5, Insightful

    If I can find Iraq on a map, will you stop lumping all Americans together as morons? If I send video of a protest, will you stop lumping us all together as murderers?

    --
    I see your informative link, and raise you a pithy comment.
  28. Re:Seriously, by roguetrick · · Score: 2, Funny

    I agree with your platform of cutting off criminal's legs to prevent them from walking into your house and stealing everything. Only problem with it is, the lefties will force us to make our houses wheelchair accessible. That is why I'm making the suggestion that you edit your presidential platform to include banning of all imported wheelchairs, just to be safe.

    --
    -The world would be a better place if everyone had a hoverboard
  29. Re:Seriously, by Kingrames · · Score: 4, Insightful

    "Never attribute to malice that which is easily attributed to stupidity."
    I'm becoming more and more convinced that it was Satan himself who was quoted saying this.

    --
    If you can read this, I forgot to post anonymously.
  30. But you don't understand by lelitsch · · Score: 4, Insightful

    RIAA is the Recording Industry Association of America, so why should they give a hoot about band copyrights. Their job is to defend the rights and further the goals of the recording industry. This is like expecting the National Cattlemen's Beef Association to defend the rights of cows.

  31. Re:Seriously, by Courageous · · Score: 4, Insightful

    The band absolutely deserves every cent that EMI made selling their music.

    Ah, they deserve a bit more than that, as the law provides for certain punishments for this sort
    of thing, including substantial fines. An "accident" is simply no good excuse for a company
    of this sort, where due dilligence in their actions is especially important.

    C//

  32. Re:Seriously, by shark72 · · Score: 4, Informative

    Sorry, the GP is correct.

    He was correcting an earlier post claiming that the RIAA named themselves thusly to avoid bad press, presumably from lawsuits. The GP was explaining that for most of the RIAA's existence, it's been responsible for rather mundane things like certifying gold and platinum record sales and publishing the equalization standards. Ever seen one of those gold records framed in a black shadow box? It has a big "RIAA" label on it. Remember the "RIAA equalization curve" term from your analog hi-fi days? The very same RIAA.

    You appear to be very concerned with accounting chicanery on behalf of the record companies -- as well you should be, particularly if you are a signed artist. But I am not sure how it is germaine. And your "puhleez" and your hostile tone seem misguided here.

    --
    Sitting in my day care, the art is decopainted.
  33. Re:Well...yes, but not quite by Anonymous Coward · · Score: 2, Funny

    I'll bet if you had actually read the article you wouldn't have written that post.

  34. Re:Seriously, by SiChemist · · Score: 4, Interesting
    There are mistakes and there are "mistakes". Did you read the post on Fripp's blog? He says:

    A general comment on large record companies: inefficiency in departments can rarely be remedied by outside parties who lose because of it. This is a full-time job, is very expensive, a major distraction from the creative life, and almost wholly a negative experience. This is the good news.

    The bad news: this is known by the company, and allowed for within its operating structure. That is, efficiency is not seen as being in the direct interest of the record company - because it profits from its carelessness.
    If this is true then at the very least EMI is deliberately not carefully accounting for the music they sell-- because they profit from sloppy accounting. In any other industry, this would be considered fraud. Somehow, the record labels can get away with it.
  35. Re:Seriously, by MacWiz · · Score: 2, Interesting

    You appear to be very concerned with accounting chicanery on behalf of the record companies -- as well you should be, particularly if you are a signed artist. But I am not sure how it is germaine.

    This story actually comes from Robert Fripp's diary., "On this day, specifically, the EMI audit."

    The entire story is about accounting "chicanery" at EMI. Unsigned artists need to be aware of this more than the signed artists, who already know but it was too late when they found out. They had already signed.

    What is not germaine is the past insignificant history of the RIAA. The RIAA equalization curve is a straight line. The gold records are spray-painted.

  36. That's Okay by wezeldog · · Score: 2, Funny

    I repeat myself when I'm distressed.

    lameness filter prevents repetition...damn...this is a dangerous place...

  37. Re:Seriously, by vtscott · · Score: 2, Informative

    Wasn't there recently a woman who shared a bunch of tunes on P2P and was fined in some dozen thousand dollars? This company should pay in the SAME proportion. That would be, what, enough to bankrupt the company?

    This is beyond P2P sharing. This is commercial copyright infringement, which is a criminal offence. For those too lazy to click, in the "Criminal offences" section it says (emphasis added by me):

    For the most part, the criminal law is only used for commercial copyright infringement with one exception, and an offence is committed when, knowing or reasonably suspecting that the files are illegal copies, and without the permission of the copyright owner, a person: * makes unauthorised copies e.g. burning music files or films on to CD-Rs or DVD-Rs; * distributes, sells or hires out unauthorised copies of CDs, VCDs and DVDs; * on a larger scale, distributes unauthorised copies as a commercial enterprise on the internet;
    According to the article, EMI was informed that they were distributing the music without authorization, yet they continued. At that point they were knowingly disributing unauthorized copies on the internet for a profit. Let's not waste time in civil court, this should be tried as the criminal offence that it is.
  38. Re:Seriously, by sm62704 · · Score: 2, Interesting
    Geezer song explained:
    In the '70s, the word "straight" meant not "heterosexual", but "drug-free". A homosexual was straight if he was sober, and heterosexual wasn't straight if he was stoned. As to "late", well, you're all nerds and have all met Slartibartfast.

    The song is about tripping on acid, which often made one think he was dead or dying. The LSD experience is such that you can no more explain it to someone who has never dropped acid than you can explain the color red to a man blind at birth. I Talk To The Wind (on the album referenced by the parent poster) is an attempot to explain the color red to a man blind from birth.
    ; Said the straight man to the late man
    Where have you been
    Ive been here and Ive been there
    And Ive been in between.

    I talk to the wind
    My words are all carried away
    I talk to the wind
    The wind does not hear
    The wind cannot hear.

    Im on the outside looking inside
    What do I see
    Much confusion, disillusion
    All around me.

    You dont possess me
    Dont impress me
    Just upset my mind
    Cant instruct me or conduct me
    Just use up my time

    I talk to the wind
    My words are all carried away
    I talk to the wind
    The wind does not hear
    The wind cannot hear.

    -mcgrew
    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest