The RIAA speaks--and it gets worse
UPDATE: You can now read the full transcript of the RIAA interview here.
The RIAA has quickly become one of the most disliked organizations in the world. Working ostensibly with the interests of the artists in mind, the organization has single-handedly instituted a policy of lawsuits and education in an attempt to curb the piracy of music.
Although this has been going on for quite some time now, I recently read a press release from the organization outlining its successes and what 2008 will look like for its College Deterrence program.
The press release tells us that the RIAA (on behalf of the music industry) has sent out "a new wave of 407 pre-litigation settlement letters to 18 universities nationwide as part of an ongoing campaign against online music theft. The letters reflect evidence of significant abuse of campus computer networks for the purpose of copyright infringement."
Once those students receive the pre-litigation settlement letters, they have the opportunity to surf over to the P2P Lawsuits Web page to settle with the RIAA before a court battle ensues.
Of course, the story doesn't quite end there.
To get a feeling for why the RIAA has implemented this strategy and has seemingly ignored the piracy cartels all over the world, choosing the soft target instead, I got in touch with the organization and asked a representative 10 questions to clear the air. This transcript will be made available tomorrow on The Digital Home.
Unfortunately, the answers given proved even more damning to an organization that is already sitting on a powder keg.
Perhaps more than anything, college students simply don't trust the RIAA and its questionable practices. As Cara Duckworth explained to me, "It was becoming clearer that despite cool new legal services and the ongoing educational efforts, too many students--some of music's biggest fans--were getting their music illegally and learning the wrong lessons about stealing and the law. Bringing lawsuits was by no means our first choice, but a necessary step we had to take."
Of course, whether or not lawsuits were not truly the first choice is debatable. In fact, judging by the lack of other alternatives offered except to say that the RIAA is "actively investing resources in the education of students of all ages on the value of music and importance of copyrights," there isn't too much evidence to suggest lawsuits isn't the organization's favorite form of deterrence.
Beyond that, the general theme of the interview with the RIAA could be characterized by a general lack of understanding and at some points, somewhat insulting.
When asked why the RIAA is going after an easy target--college students--the response made me cringe: "College students have reached a stage in life when their music habits are crystallized," Duckworth said. "And their appreciation for intellectual property has not yet reached its full development."
Sadly, this statement tells you everything you need to know about the RIAA. Does this organization actually believe that people who have the right to vote and go to war don't have the ability to make sound decisions about intellectual property? Maybe it has nothing to do with lack of development and everything to do with an extreme distaste for the recording industry.
The RIAA's discussion on students (and the general lack of understanding thereof) doesn't quite end there. Duckworth went on to explain that college students "used to be some of music's greatest fans, unfortunately that is no longer the case."
According to Duckworth, students who steal copyrighted music are not fans of music? I simply don't understand the logic. Look, I'm not here to endorse the stealing of music and I encourage everyone to buy it. But by undermining the intelligence of college students and insulting them because of their perceived "lack of development," I don't see how anything could (or will) change.
Beyond that, the real issue lies not with college students stealing music, but with huge piracy cartels overseas that have created a bit of a cottage industry out of stealing and redistributing media. Because of that, I asked Duckworth about it. After telling me that college students have become the world's largest group of pirates, Duckworth explained that the RIAA wants to "take action against the services themselves" and indicated that the organization is "working with policymakers in Washington to encourage countries whose copyright laws have not kept up with the times or who do not appropriately enforce intellectual property violations" to catch up.
Regardless, it doesn't seem to me that the RIAA is doing enough. Why are criminal enterprises that contribute a significant amount to the piracy losses that the organization is so quick to cite allowed to run amok, while grandmothers and students who pirate music are targeted? Sure, those people shouldn't be pirating music either, but shouldn't the organization go after the kingpins instead of the low-hanging fruit? I certainly think so.
Intriguingly, the RIAA believes its policy of suing violators is working, but depending on the study you read, piracy has flattened out or grown at a relatively steady, albeit slower, pace when compared with its meteoric rise just after the turn of the millennium. According to BigChampagne, a company that specializes in tracking P2P and Torrent use, May 2006 saw 9 million individuals connected on peer sharing sites, compared with 9.35 million just one year later. Beyond that, NPD found that 15 million people downloaded songs from P2P networks in 2006 and an estimated 5 billion files were added to computers--a 47 percent increase over the prior year.
As if that wasn't enough, a more recent study from NPD claims only 50 percent of Mac users paid for their music in the third quarter of 2007, compared with 16 percent of PC users. If true, are lawsuits really working?
According to Duckworth, lawsuits have made "people more aware of what is legal and illegal when it comes to downloading music." But if you ask me, the RIAA's policy of utilizing lawsuits to make people "more aware" is creating a more hostile environment that only harms the organization's standing in the court of public opinion.
Of course, Duckworth disagrees. She contends that although some may dislike the RIAA, "amongst the general public, the favorability ratings of the record industry remain as positive as ever and surpass other forms of entertainment like movie or TV studios." Of course, the question is not necessarily whether the public likes Sony BMG or EMI, the real question is whether or not people like the RIAA itself. And so far, very few do.
In the end, Duckworth says that we should be skeptical when we hear news on the RIAA. According to her, she would rather "give [us] the facts and encourage [us] not to believe everything [we] read that aggressively villainies the organization."
Unfortunately, that is easier said than done. When an objective observer looks at some of the actions taken by the RIAA over the past few years, including hiding behind the Digital Millennium Copyright Act in 2003 to force Verizon to hand over private customer information, asking the court to force a 10-year old girl into a deposition over a lawsuit with her mother, and a host of others where the organization chose to attack low-hanging fruit instead of finding and charging those enterprises that have allowed piracy to become so ubiquitous in the first place, it's no wonder people dislike this organization.
In an environment where technology is changing by the minute, there are still some organizations that flounder in the past. Is piracy wrong? Yes. Should people pirate? No. But what the RIAA doesn't understand is that its policy of lawsuits only enrages people and fails to bring about change.
That said, it seems like the writing is on the wall. The RIAA will continue to employ its bullying tactics in the hopes that piracy will stop, but the recording industry will refuse to realize that what we really want as consumers is the ability to take music and do what we want with it. Beyond that, the industry will never realize that although I can copy a track I purchased and send it along to a friend, sales will continue to rise because most people are honest and are willing (and ready) to do the right thing.
I commend the RIAA for standing up to the issues I raised and answering them as forthrightly as possible. And while we may not have received the answers we would have liked, we gleaned even more knowledge of this organization than previously known.
Intriguingly, ArsTechnica reported on Friday that the recording industry has some doubts about the viability of the RIAA and at least one of the major labels--EMI--is considering pulling all of its funding by March 31, if major changes in policy and structure are not made. Regardless, there is no indication that we can expect a major shift going forward. And I, for one, am extremely saddened to hear that.
Don Reisinger is a technology columnist who has written about everything from HDTVs to computers to Flowbee Haircut Systems. Don is a member of the CNET Blog Network, and posts at The Digital Home. He is not an employee of CNET. Disclosure.






Remember in the 80s when imports were banned (based on, IIRC, a misinterpretation of import law)? Did the RIAA sue Tower Records, where you could find a wide selection of imports? No, they sued mom-and-pop stores and then made sure it made the news when they did.
Really, were I to get one of these 'settlement letters', it would go through my shredder faster than the stuff I get from Publisher's ClearingHouse. Why? Because I do not download music illegally (I only download foreign music that isn't available in the United States for download), and I listen to American music using Yahoo Music Jukebox with a 'Music Unlimited!' subscription.
Now, I have little sympathy for people being caught downloading stuff illegally, but I know the facts here: IP address do NOT identify one person, period and done with.
They are usually recycled through people, sometimes the same people, sometimes not. That makes it almost IMPOSSIBLE to determine who is downloading music illegally or downloading anything else illegally.
I think one thing the RIAA still doesn't understand is that you cannot sue your customers and then keep them buying your media. College age students have got to be one of the biggest demographics in music sales. Since the invention of the cassette tape, music has been 'copy-able', yet the music industry has persisted and thrived. Admitedly, it is easier to download from a P2P site than copy a friends CD, but the majority of people like to own their 'stuff', and I think want to obtain their music legally.
- Are music coorporations always going to be needed now that artists can distribute their music directly to their fans?
- How much money does the artists get per song sold on iTunes, some reports show artists only get 14% of iTunes sales, thus $0.14 for each $0.99 that consumers spend on buying so called legal music online. Are those reports correct, and in which case, why should consumers feel confortable spending $0.86 or more of every dollar spent on so called legal music for intermediaries such as Apple and the record labels?
If songs were sold for $0.14 each and 100% went to the artists, then much more so called legal music would be purchased online and the artists would make much more money. And most consumers wouldn't go through the trouble of using p2p software to get the music.
- I'm for the Global Licence law. Everyone should pay around $5 in average per month in taxes, give that money to artists directly, absolutely no intermediaries are needed. Artists know what to do with that money to produce more and better music. Give the power to the artists and not to the record labels.
What about the Nine Inch Nails "Pick your price" experiment? Think it was a failure because bidders left out a share for the record companies? I don't think so.
This doesn't handle the all of the marketing of an artist though. You don't need a 'label' to market and I don't know how many options there are out there for an artist to choose from.
Think of it more like a television show. By watching a show, you increase the amount of money advertisers will pay the network. So although you are not directly paying the actors, you are giving the show more opportunities to pay the actors more money and produce a better show.
Bottom line is that if you want your favorite artists to continue putting out good albums (which is hard to do if you have no budget) and have longevity, buy the album. Big artists don't care that they make $1 per album sold. It's all about the number of albums sold so they can bring in money on the backend.
I know the RIAA disgusts me and I quit buying music. I don't download it or pirate it either. I just no longer desire to fund the music industry and its arrogant enforcer. It is amazing how little one needs new music once you get away from radios and music venues.
If you are going to use mafia tactics to punish your consumers, can you really complain when the consumers decide to forego your product?
It is only a matter of time before the music corporations go out of business. Somehow I doubt society will collapse as the music corporations seem to think it will.
It would obviously take considerable research and analysis looking at this specific difference in attitude between those who have always known electronic music files (since their music buying years began) versus those who at least spent part of their music buying years under the old system of having to purchase a physical product (CD, tape, album). I am surprised this avenue of thought on the subject is not discussed more within the industry. Age is something you will grow out of, and if youth is the argument for lack of understanding of intellectual property rights then chances are these same youth will mature to a better understanding. However, if the lack of understanding has more to do with the environment (those youth of today who will always have known an electronic music world) then there is a much bigger problem, one that age may not correct and possibly only through better education of intellectual rights might it be resolved.
Please be more careful with your contentions in the future. Understand that while there may not be evidence that shows my generation respects intellectual property, evidence does exist that shows that previous generations did not show the respect towards music and other intellectual property that you claim they have shown.
In one article, someone from the RIAA stated he overheard a couple of people talking about how to get music for free. He was surprised to see they were senior citizens
I mean, given the choice of paying for something or getting it free.... Wouldn't you rather have it free? If you felt there was no consequence for getting it free then you would likely make the same choice.
If RIAA went after only 'kingpins' then this feeling would continue. A college student downloading free music could not relate to a kingpin in Nigeria getting busted for copyright infringement.
Should the RIAA go after thousand to make an example? No. I think the RIAA should recognize the changing industry. Like someone said earlier, "People ultimately want to do the right thing." College student aren't out there selling the music they download. It's for personal use. Create a pricing model that works for college students. Students often get discounts. Instead of $14.95 a month, charge them $9.95 for unlimited downloads.
the only way these things will really get solved is if The People turn fear back on the government and corporations. It is they who should be afraid of the people not the other way around. That's how democracy works, that's what keeps a government in line with the peoples interest.
Fight back, hoping is not going to work and it's not going to get better if you all just sit back and wait.
Ever wonder why, on the news for example (not including BS political stump speeches) we're much more likely to be referred to as "consumers" rather than "the American People?" Because according to the Powers That Be, we're expected to consume -- to eat, eat, eat, spend, spend, spend, spend endlessly. The corporations pay us as little as possible for our labor (look at the Hollywood writers' strike, for example), we're taxed to death (while the richest 1% [$5million a year and up] pay relatively little in taxes, percentage wise), and expected to give most of it back into the economy, since we're marketed to hundreds of times a day. And the worst part of all, the corporations and their puppets in Washington expect us to keep bending over, and therefore have no reason to loosen the chains.
I think that EVERY American should watch a documentart called The Corporation to find out how we got into this mess. Its available on Bittorrent ;)
The first law, it has apparently been decided, will be enforced by hurting people. The other two laws, it has been decided, will be worked out with the communities that are most affected by the laws. What priority, when, and how should speeding laws be enforced, and when not? Should any of the leash laws be enforced - is so, when and how? The communities that suffer (and benefit from) the effects of enforcement are included in the process - that is, their thoughts, wishes, intuitions are brought to bear on the problem.
How about plain old shoplifting? What should the penalty be - what about a youth offender? what about someone who had no money and stole food - maybe we need to assure the availability of food for this person rather than prosecute? communities most affected by enforcement are involved in the process of enforcement (and law-making) from the get-go.
We work these things out in the communities that are affected.
Now look at digital rights management. The RIAA will sit alone and decide how to hurt who in the most effective way possible to suit only the requirements of its bosses. Lack of any commitment to the affected communities is why the RIAA is not a legitimate enforcement body, is hated, and will fail.
In the case, the RIAA requires you to pay a license fee. If you do not agree, you may simply refuse. Nobody is making you choose to accept the license. However, you have no right to reject the license and then choose to use their product. Furthermore, lesser penalties are sometimes given to people who steal to eat. This is because eating is necessary for survival, and courts account for this when sentences are imposed. However, very few people have died from not listening to a song covered by the RIAA.
Why would you ever pay when it's for free and you are on the typical college budget of $50 a month?
Your argument about the Piracy networks abroad is incredibly flawed. If you followed politics you would know that the constant debates going on with the US Trade Reps in meetings like Doha are often centered around countries like China recognizing US patents. Of course China constantly rebuffs these provisions as pirated material is an enormous industry for their country.
The RIAA didn't start with lawsuits but it certainly is finishing with them. There isn't much else they can do because p2p networks are able to pop up as soon as the next one goes down and the cycle continues. The only way they can make it is with shock value.
Of course I think the case in arizona is rediculous as they define stealing by putting your CD into your computer and adding it to your iTunes player; that's just plain dumb and negates any common ground they would have with older people who still buy music legally.
Don, you need to do some more homework before you kick up your comments about kids being able to go to war etc. because it's pretty clear that the RIAA is right about that.
How do you find it? The packaging of a CD tells you nothing about the quality of the music. Same with iTunes. You are very unlikely to get a full refund if you listen to a CD and it sucks and you want to return it already open. you are more likely to grow wings than get a refund from iTunes. The only way to find new music without buying a large number of CD's or MP3's you don't like is either through word of mouth or illegal downloading.
blatantly practices extortion on both artists AND their music
fans..!!! The Labels pay artists a measly 15 cents per CD
(maximum) then turn around and charge the music fans 100
times those costs to deliver to us that CD..!!!
The RIAA has become nothing more than an antiquated delivery
system of the 20th Century which like the stagecoaches of the
19th Century became extinct when faster "motorized" forms of
transportation came into being. The Internet is the "Horseless
Carriage of the 21 Century" and the RIAA needs to be put out to
pasture as soon as possible..!! We don't need the Labels to
"deliver" us music at 100 times the cost when we could
conceivably buy the music DIRECTLY from the artists at a much
lower price at the same time increasing the artist's cut dozens of
times over.
Cut out the extortionists..!!!
BUY MUSIC DIRECTLY from the Artists...!!!!!!!
- by ChaosMotor January 14, 2008 5:00 PM PST
- I've been involved in file sharing since before Napster, and I think I've found a solution that is fair and equitable to all parties - it ensures the artists can get paid, and doesn't penalize individuals for sharing files and discovering new music. You can read more about it in this post on my site.
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