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one small step for man

One large step for independent musicians looking for a cheap way to get their music disseminated.

Following the lead of a lower-court decision last year, the 9th U.S. Circuit Court of Appeals in Los Angeles said on Thursday that peer-to-peer software developers were not liable for any copyright infringement committed by people using their products, as long as they had no direct ability to stop the acts.
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The decision marks a substantial--if not entirely unexpected--setback for the big record labels and movie studios, which have tried hard to win legal rulings that would clamp down on anarchic peer-to-peer networks such as Kazaa or eDonkey.

Copyright infringement is wrong. Theft is wrong. But in some cases, file sharing does more good than bad for artists and consumers. I guess that makes me somewhat of a socialist in terms of the music industry. If a band from Podunkville, USA can get its music spread to Australia and sell a couple cd’s all without the aid [or contracts] of a major label, rock ‘n roll. If they can get international recognition and tour the world, extra rock. If Madonna loses out on $x in album sales, big deal. The idea is to bypass the necessity of bands to sign to a record label and depend on it for PR and distribution. There are a couple other controlling factors where record labels must be dealt with as well: the venue circuit and radio airplay.

Of course, none of this is consistent with my whole “want to be a fair and just lawyer” thing. Where do we draw the line? Is it a big deal if a moderately successful artist is hurt or only a massively successful artist? Who are we to judge how successful an artist needs to be before they fall off the “we feel bad that you’re losing out on album sales” list? Who are we to meddle in the capitalist nature of our market? How is music different from other intellectual property products, e.g., literature and software? Software is easily transferable via the internet but printed literature is not. But what about technology that could scan a document and produce an electronic version? People would trade books like they do mp3s.

My worlds are colliding. Something obviously needs to be done about the structure of our intellectual property concepts and markets.

Comments (6)

p-man:

URL: http://
ah, i know what the problem is. there's is a space in the text of the a tag. i'm not sure why it gets all screwy. when i removed the "a" in "a tags" it worked ok. weird.

URL: http://onotob.org
Well, every time I try and use a tags they get messed up. I don't know what the deal is, but they're well formatted, I can tell you that much. As you can see, the tag above has been messed up. Try building a tag with a more complex URL. The above tag is a link to your Bikes category page.

p-man:

URL: http://
you both raise excellent points and, for the most part, i don't really have any concrete responses. welcome to the world of law school. amanda - interesting that such technology is already available, i didn't know that. i can also see how ppl are loathe to download a work and print it out - seems like a big PITA to save a few bucks. it is excellent that you use internet and mp3 technology to discover artists and then buy their products, but i think we can agree that this is not standard behavior. most ppl just download songs and move on with their lives. and you're exactly right that we're in the midst of a paradigm shift. we need to start thinking about how the way knowledge and ideas are distributed is changing. technology is great, but it brings with it some complications. aaron - none. the govt has no interest, as far as i can see. but this does not mean the RIAA doesn't have its hands in this either, though. who knows what pull they have in DC. defn of larceny, in legal terms: "An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft now covers most cases of larceny. But larceny is wider than theft as it includes the taking of property of another person by whatever means (by theft, overtly , by fraud, by trickery, etc.) if an intent exists to convert that property to one's own use against the wishes of the owner." take a look everything after "if an intent..." - that's the kind of stuff that will wag its finger at people that download mp3s. i dont, however, have any solid stats that prove the advent of the mp3 hurt record sales. i don't have any stats that prove the opposite. it's a murky situation. mp3s may in reality have helped sell more albums due to the increase in exposure, or, as most label big wigs claim, mp3s have reduced sales. it depends on what side of the fence you're arguing from. unfortunately, i haven't taken copyright law yet. let me get back to you on that next year :) my a tags work great.

Ugh. See, your A tags are messed up.

URL: http://onotob.org
What interest does the government have in insuring the continued profitability of the recording industry? Also, equating theft with copyright infringement is a red herring. They are fundamentally different concepts. Theft entails one party taking something away from another. If you can find me some solid statistics proving file sharing is directly responsible for reduced CD sales then you may be able to consider that aspect theft. But those statistics don't exist. Also, what if you think current copyright laws are unjust? Is it wrong (morally) to break an unjust law? Disney works very hard to make sure that no one can do to Disney what Disney did to the brothers Grimm. That is, Disney wants to make sure that none of their intellectual property ever enters the public domain, the very place which made them their fortune. I know you're familiar with Lawrence Lessig. Have you listened to his Free Culture speech? Do it. Now. :)

amanda:

URL: http://
there is technology that can scan books and produce an electronic version actually. i think by nature, there's just so much more to deal with (page-wise), that people would rather buy something in a neat little bound package than have to print out long pages on computer paper. i've tried this once and given up. for me personally (and i know that this is not true of everyone), i use kazaa and soulseek to find music and decide which albums i want to buy. at waterloo, i can listen to a cd in store before i purchase it if i want to. last week, i visited their website to listen to parts of calexico tracks and then went to the store and bought the one i liked best. but i digress. you're worlds may be colliding but i don't think they are necessarily in conflict. anything online can be appropriated - your posts, reviews and pictures can be taken by other people and posted as their own. it's not right, but does that mean that you'll stop putting your words out there for people to read? it hasn't kept me from putting my pictures up. whenever you sell or display something, there's always the chance that someone will reproduce and distribute it. we're in the midst of a paradigm shift.

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