The RIAA, the primary trade association for the American recording industry with a $27.7 million annual budget, is enjoying a string of recent political and legal victories.
In last year's Grokster case, the U.S. Supreme Court unanimously overturned a lower court's ruling that favored file-swapping networks. Federal judges have been upholding stiff fines against individual file swappers, and the online marketplace for music is booming.
Congress has enacted new laws backed by the RIAA that target peer-to-peer pirates with federal felonies, and a Republican administration is talking up the need for even stiffer ones. (Last year's new felonies have already led to jail time for some).
Yet obstacles remain. A draft proposal in the House of Representatives to tighten copyright law has still not yet been formally announced--possibly because of opposition by technology firms--since CNET News.com wrote about it more than a month ago. A federal appeals court has effectively blocked a move by the recording industry to ask the Federal Communications Commission to outlaw certain digital radio receivers. And Sen. Ted Stevens, the Republican chairman of an influential committee, has publicly expressed skepticism about an RIAA-backed proposal that he worried would hurt his ability to use his iPod.
Mitch Bainwol, RIAA's chairman and CEO, and Cary Sherman, RIAA's president, recently visited News.com's San Francisco offices to talk about the music industry, Congress, and digital rights management. (The two rank among Washington's best-paid lobbyists, with a combined salary of $1.85 million in 2003.) Following are excerpts from the conversation.
Q: How is the digital music marketplace looking from your perspective?
Bainwol: Digital sales are rising at a value that is larger than the decline in physical sales. We went through a pretty extraordinary time (recently). What you're seeing now is proof of that exercise. The promise of the digital marketplace is being realized. There's new optimism.
Q: How much of that is because of the Supreme Court's ruling in Grokster and your lawsuits against individual file swappers?
Bainwol: Our view of Grokster is that the court struck the right balance. If you (download music) illegally, there are risks--whether they are legal or viruses.
Sherman: I'm either at risk, or I get out, or I go legit. There are a number of conversations happening about "how do I go legit?" We can't talk about what's going on, but there are a lot of conversations. There's a lot to be said for converting these businesses.
Q: Do your view your lawsuits, even ones where you sued a 12-year-old girl or a Boston grandmother, as a success overall and do you think the process is working?
Sherman: Yes. We're feeling pretty good. There will be the opportunity for business models that are consistent with P2P networks (such as demo versions or low quality). There have been a lot of conversations recently about ad-supported models.
Bainwol: Now there is additional legal clarity.
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Personally, I say: Boycott the RIAA. Boycott the acts.
mark d.
"Q: Do your view your lawsuits, even ones where you sued a 12-year-old girl or a Boston grandmother, as a success overall and do you think the process is working?
Sherman: Yes. We're feeling pretty good. There will be the opportunity for business models that are consistent with P2P networks (such as demo versions or low quality). There have been a lot of conversations recently about ad-supported models."
Is that the RIAA's answer? I think Mr. Sherman was avoiding the question. Do you care at all that you sued a CHILD?? Do you care at all that you sued an OLD LADY?? THAT was the question. Instead, he answers about business models and ad-supported (aka spyware) models. And he also says that the whole thing makes him feel pretty good.
Listen people, listen to the man who wants you to bleed through your noses for your music. He has no heart, he feels good if he can rob an old lady of all her money, or even a 12 year old girl. His heart has been replaced by a cold, unfeeling gold bullion. Doesn't matter your age or condition, if he can fatten his pockets off you, he will (as if a $1.8 million annual salary wasn't enough). People like this man have turned music, something that is supposed to bring peace, relaxation and all sorts of positive feelings, into a gold mine surrounded with landmines. Unfortunately, the government allows and promotes it (after all, RIAA is one of the big tax payers). The government allows this cold, punishing the the weak behavior to continue, and yet, they profess to care about the people who suffer under the hands of tyrants and terrorists.
In the end, bands are like small businesses and some of the larger controlling bodies aren't adjusting to the market. Artists like other business people should have a say in how people can access their product or not have access to it.
http://www.essentialsecurity.com/yourbusiness.htm The RIAA seems as if they want to keep these independent bodies (the artists) out of the loop.
What's the happy medium. Sentinel was right, was there real justice in brining the Granny and 12-year old to trial?
favorite band that they would do anything for? I remember going
to a flea market to purchase "Hey, Hey, What Can I Do" by Led
Zeppelin on a bootleg cassette. We had to have it. And when the
band released it officially we bought it again. I don't think either of
these guys understand what it means to be a real music fan and
that consumption of music translates into album purchases, live
show download purchases, merch and ticket sales. If these guys
had their way, they would outlaw any recording device out there.
money is going. Unlike their highly paid counterparts in tobacco
and firearms, these lobbyists aren't securing access for the
people who pay them. While smokers and hunters may not mind
their money going to lobbyists that keep prices down and access
up for them, these guys do just the opposite. They spend each
and every waking moment trying to make music more difficult
and expensive to obtain. Like the oil companies, their aim is to
limit supply, which is rampant on the internet, in an attempt to
elevate price way beyond any reasonable relation to actual value.
A dollar for a song? Come on. Maybe they can find a way to
charge us all for the air we breathe... by the breath, of course.
I beg to differ. Sony's rootkit ordeal and MediaMax installing it's software whether or you accept or decline the license agreement were probably the two most public examples. The less technical might not know to call it DRM, but they likely know the effects. Abitrary restrictions on what can be done with content, incompatibility, and term that can be changed retroactively.
These two are great politicians in that they can speak for hours and manage to say absolutely nothing of value.
P.S.: Die in a fire.
I think the goverment should force them to comply as part of a freedom bill.
I'm not dealing with any company that is part of RIAA as I don't want to sell out.
A record company is a service.
- XM radio subscribers
- by baco63 January 19, 2007 9:45 PM PST
- This will comfirm it for me no longer will I buy music from the mall. There are plenty of sites to download music for free. If that hurts the music industry so be it. Theres plenty of old songs to listen to that's alot better than the crap on the radio today.
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