April 12, 2005 10:16 AM PDT
RIAA cracks down on Internet2 file swapping
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The suits, to be filed Wednesday, are the first to focus on the next-generation research network operated by universities. The i2Hub file-swapping service has operated for a year on campuses that are connected to Internet2.
Recording industry executives said i2Hub had become a serious problem over time as students believed they could not be observed trading files.
"i2Hub has been seen as a safe haven, and what we wanted to do was puncture that misconception," said Cary Sherman, president of the RIAA. "This has been a subversion of the research purposes for which Internet2 was developed."
The suits mark a substantial expansion of the record labels' approach to universities, which have been a core location of the file-swapping population since the emergence of Napster in early 1999.
The RIAA has already sued the operators of university-based file-swapping networks on three campuses, and has consistently highlighted lawsuits at colleges as part of its larger campaign against music traders.
Record labels also have given discounts to authorized services such as Napster, RealNetworks' Rhapsody, Cdigix and Ruckus to offer cheap, legal music subscriptions on campus, hoping to attract students away from peer-to-peer networks.
i2Hub is operated by a company started by former University of Massachusetts student Wayne Chang. The company has taken advantage of a feature at universities that lets student transmissions--e-mail, Web surfing or peer to peer--default to Internet2 if both sides of a connection were connected to that network. Thus, two students at Internet2 universities who wanted to trade files would automatically see their traffic flow over the fast network, instead of the ordinary Internet.
That has meant that songs and videos could be downloaded extraordinarily quickly--just minutes for a full-length movie, and 20 seconds for an average song, assuming perfect conditions.
In a statement following news of the lawsuits, the company said, "The i2Hub Organization (i2Hub) does not condone activities and actions that breach the rights of copyright owners."
The RIAA said its suits will be filed against no more than 25 students at each of the 18 universities: Boston University, Carnegie Mellon University, Columbia University, Drexel University, Georgia Institute of Technology, Harvard University, Massachusetts Institute of Technology, Michigan State University, New York University, Ohio State University, Princeton University, Rensselaer Polytechnic Institute, Rochester Institute of Technology, University of California at Berkeley, University of California at San Diego, University of Massachusetts at Amherst, University of Pittsburgh and the University of Southern California.
As with its other lawsuits against individual file-swappers, the recording industry group said it is filing anonymous "John Doe" lawsuits, based on individual computer users' Internet addresses. The identities of the students will be determined later though a court process.
Sherman said that no suits are being filed against the operators of the i2Hub network for now, although the group does have the names of the individuals who created the service. He declined to give details on how the RIAA gathered the data on the individuals who are being sued.
Since launching as a pure file-trading network, i2Hub has expanded into other services, such as textbook exchanges.
According to Sherman, the Motion Picture Association of America will also take legal action against "several" i2Hub file-swappers. An MPAA representative could not immediately be reached for comment.
The MPAA opened discussions with Internet2 officials last year, hoping to be help test high-speed content delivery on the network, as well as monitor it for piracy. Sherman said he would like the RIAA to join those discussions.
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I think I2 should just ban the RIAA access to I2 since this is just a prototype - - unless of course the RIAA has paid theyre dues in support of I2.
But hey, I'm all for the RIAA tackling drugs and poverty! Maybe they can sue them out of existence!
The Recording Industry Association of America is a industry group that represents a huge number of the record companies in, you guessed it, America. That's why you never heard of them before now; they're basically just another special interest group. They aren't a company, and they make no products; they simply represent companies that do.
"They think they are protecting artists by suing their fans, but instead they are very very slowly destoying the fan base."
I thought that would happen, but I haven't actually seen much evidence of this happening so far--sadly.
"Let's face it, just one artist wins more than $100,000 in just one concert, in one night."
Yeah, the big, popular, well-known artists might. Besides, unless I'm totally mistaken, the RIAA isn't involved with concerts. It's been my understanding that many artists do concerts to get some real money from their work.
Smaller-time artists, however, probably make less than you do. Don't assume all artists make the big bucks just because a popular few do.
"That's more than I win in a few years of work. Another interesting point: most artists haven't gone to college to get a degree. I spent quite a sum in my college education and four years studying to get the education needed for a job, while some high-school girl with a nice voice and with no college education is winning multiple times as much as me. Fair? I think not."
You want life to be fair? You want these nasty things that happen to us to be because we actually deserve it? I take some comfort in the knowledge that life isn't fair, personally.
"So, these uneducated people we call singers win twice as much as we who hold a college degree, and yet, RIAA wants us to believe that the poor artists are loosing money because people swap their songs."
You really don't think the poor ones are losing money? Explain that business model to me, because it doesn't make a lot of sense.
I could understand it if file-swappers downloaded the music, listened to it, and then bought a legal copy--the artist gets paid, after the recording company takes their roughly 90% cut--well, after their costs are paid, anyway. Most don't, however; they download, and they keep, never purchasing a legal copy.
And don't try and give me the "we're just sticking it to the RIAA" line either. Not paying them is like trying to rescue a hostage a crook is hiding behind by shooting him in the head with the shotgun. Odds are, you're going to hit the hostage too.
In this case, the artist suffers far more than the recording industry does. I don't agree with what the RIAA is doing, but I don't agree with stealing music either. I've failed to hear any valid justification for doing so--it all boils down to the RIAA is bad, so let's screw them over so I can feel good about the music I'm stealing and not think I'm actually doing anything wrong.
It's a weak argument, and yes, you're hurting the artist.
Besides, if you feel that you are a better person and more deserving then become a singer and see how much money you make.
~Very Respectfully
~Saboral
I'm more than willing to buy a ticket, buy a cd, if I like the music, in fact, I support some local bands by doing so. I do not like to buy a CD from one group and see the proceeds spread throughout the other half ass talent that the Recording Companies wasted time on signing in hopes of a one hit wonder so they can play it on the Radio stations that they own all throughout the US.
SHARE SHARE SHARE MY FRIENDS! Lets use our technical savvy to regenerate new means of dishing out music. Why has Prince been so sucessful??? Because he pissed on the RIAA's employers and began working for himself, afterall, isn't that what's America is about? Doing it yourself, damn the man save the empire???
1. The RIAA does NOT represent artists. It represents companies like Sony and Universal, and by extension, their mega-acts like Brttany Spears and Justin Timberlake. They do not represent indie artists or artists up to their eyes in debt to the record companies.
2. The issue is the rights to distribute a recorded work, which is secured with the (p) logo on each published song. Copyright (c) is for who owns the rights to record and perform a song. So when I write a song, I automatically get to use (c) on it. If you wanted to perform it in public as a cover song, or if you wanted to record it, you would have to get permission from me. Conversely, with the (p), if you want to play the record in public, you have to pay the publisher (usually the record company).
What modern technology does is allow the writer to also be the record producer (via DAW's like Pro Tools), the publisher (through services such as CDBaby and iTunes), and the writer. In short, it allows us to bypass the record companies and the RIAA, whose models were designed during a time when producing records was astronomically expensive.
But no more. The RIAA represents a dying business model. The courts SHOULD NOT intervene to protect it as the free market should decide what the new model(s) will be. The RIAA is the Horse and Buggy industry of the modern age, and P2P distribution is the auto industry.
You tell me who is destined to win.
No contest. The recording companies will continue to "win." Why? They already the necessary resources to be successful. Most independent artists do not.
Lets assume for a minute that an independent artist had the skills to write great music. Lets assume they have the resources to buy the equipment they need to make a good recording. Lets assume they have the skills to edit and create master recordings of sufficient quality. Lets assume they get their music distributed on iTunes.
First of all, that's a lot of assumptions. But the problem of becoming a successful musician has not yet been solved. You are missing the single most important piece of the equation. Promotion. Marketing. Sales. Just because you put a piece of music on iTunes doesn't mean it will sell. Even if it is spectacular.
The recording companies make stars. They literally create superstars out of ordinary people, and promote them to superhuman status so that they can sell tens or hundreds of millions of records. Unless an independent artist can accomplish this with no outside help, my money rests on the success of the recording companies, even if the music is bad and the recordings are awful.
You are correct, anybody can make a recording and distribute it. What is missing, is demand. Demand must be created through marketing, and I don't know a single hungry artist who can compete in this field against the recording companies.
I just wish there was a win/win solution of some kind. But it certainly does not look that way. Both sides are fighting for what they believe in. We can either participate or sit back and watch. No matter. Only time will tell who wins and who loses. The final result is yet unknown and the battle could last longer than even our own lives. Perhaps our children will have to carry on for us? And who knows how technology will continue to evolve? Maybe someday technology will solve the problem at hand.
RIAA to Sue Internet2 File Swappers... <a class="jive-link-external" href="http://allwaysmusic.modblog.com/" target="_newWindow">http://allwaysmusic.modblog.com/</a>
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But rarely do you see any commentary from actual songwriters (unless it is Sting, Madonna, Brittany, or Justin, e.g. the mega-stars who have their own empires to protect).
But there is a counter-culture brewing. Go to macidol.com and see. Go to icompositions.com and see. Go to CDBaby.com and see. Go to theorchard.com and see.
What you will find are hundreds of musicians, thousands of songs in every genre imaginable. No record company involvement. No RIAA to deal with. Just you and the artist direct. Real people making music is what you'll find.
The first are the record companies in all their massive glory and anachronistic practices.
The second are the consumers, and you can divide this into two other groups. One supports copyrights and follows the law, even though we agree there are problems. (i.e. they last too long, the anticircumvention clause in the DMCA, the need for a renewal mechanism on a twenty year cycle or something similar to help out archivists). The other, for whatever reason, has decided to either stick it to RIAA by engaging in illegal distribution or they just want free music--I think most are in the latter category.
The third is the artists. People make the mistake of thinking that the artists and the recording companies are as one, but that's not in any way true. The recording companies have long since used their power to impose very unfavorable terms on the artists--i.e. contracts that don't return copyright to the artist except under unlikely circumstances, not paying any royalties until all their costs are covered, and possibly paying as little as 10% of *net profit*; in return, the artist gets access to their massive promotion and distribution machines.
This kind of repressive contract created a huge divide between the famous and the just merely successful. The famous still get rich, but the merely successful usually don't even earn enough from the royalties to make a living.
It sounds like these successful artists are beginning to fight back by doing an end run around their former middlemen. It's not through illegal downloading that the battle will be won, though it will end up being the consumer who decides who wins this battle, or if the two ways of doing things can coexist.
That is, if the record companies don't win too many legal battles in Congress and the courts.
That said, I don't feel sorry for the file-traders who are getting sued. They should've known what they were getting into.
The RIAA is attacking the venues of piracy and is within its rights to do so. Unless expressed and written consent is given by the artist to acquire songs freely by specifically outlines means, it is illegal. There is no justification for illegality. Period.
I side with the RIAA and the MPAA on these issues. They have every right to take away your toys that propagate piracy. Here's a concept: making something free devalues it to zero, rendering art entirely worthless across the board. You think they hand out Picassos? Get real.
and on your comment about handing out picassos, music isnt a picasso.
"i2Hub has been seen as a safe haven, and what we wanted to do was puncture that misconception," said Cary Sherman, president of the RIAA. "This has been a subversion of the research purposes for which Internet2 was developed."
********, like the RIAA cares anything about the "subversion of research"...now that line almost makes me want to go download some music...
datastrategy
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