Wednesday, January 26, 2005
The Great Copyright Crackup
ASCAP Launches Infringement Actions against Establishments Performing Copyrighted Music without Permission: The beginning of the end? I'm not saying they're not entitled. I'm not saying the law's not on their side. I'm saying the big-money copyright ownership gang -- the ASCAP's, the RIAA's, the MPAA's -- gives the distinct impression of Japanese kamikazes. They're suing everyone and everything, they've lost consumers... it's quite a thing to see.
6 comments:
I agree with the thrust of your comments, SS, but is it really the case that "nobody said boo" about two-deck recorders? Even then, there were definitely "substantial non-infringing uses" for them. Are they really the same as Grokster?
Beats me. So, the double deck is out of the picture. I cannot grasp how using Grokster to find music another person wants to share is any different than my pal down the hall giving me a mix-tape of his favorite songs. No different except in scale.
And where does that leave folksingers, particularly if they don't write all our own material? One sings at a bardic circle at some event that requires payment for entry - is that an infringing performance? I don't think anyone has ever made an issue of it.
I AM saying that they're not entitled. Copyright law as corporate welfare
I do see somewhat why they are doing it - the in terrorem effect. However, there are millions of people these days ripping things off electronically and from a practical point of view only so many of them that can be sued.
What good is it really going to do to win judgments against a bunch of college kids? Most of them are almost judgement proof anyway.
I think in the long run, it is going to backfire. Currently, the recording industry is trying to get through Congress legislation that gives them more control in the future over copying. The computer industry is resisting them, for good reason. My prediction is that this rash of litigation is going to give them a bad enough name that their chance at their prized legislation is reduced.
I think you're right to the extent that a backlash -- whether from Congress or the courts -- is definitely brewing.
Post a Comment