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Recording Industry's Unexpected Benefit from P2P







Recording Industry's Unexpected Benefit
from P2P

Recording Industry's Unexpected Benefit
from P2P
11/18/2003 12:14 AM

Matthew Schultheis writes: "Yahoo / AP is reporting that the record industry is using the files traded on Kazza et al. to track where music is popular. It ...




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Recording Industry's Unexpected Benefit from P2P

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Just like the MPAA's new leader, it looks like the RIAA's grand plan doesn't include anything that involves actually listening to what their customers are telling them, but rather, it's all about telling their customers what they're doing is wrong, wrong, wrong, and you should go to jail for it. In an interview with the RIAA's top lobbyist, Mitch Glazier, he repeats all of the usual RIAA lines about how important the Induce and Pirate Acts are, how he believes they're actually winning this battle against file sharing and how any change to the DMCA clarifying "fair use" would somehow be a "terrible precedent." However, he makes a very telling statement when it's pointed out to him that for each file sharing network they shut down, another 10, with better security, better filtering and better tools seem to spring up. His response is: "Our job is to make the risks high enough that fewer companies are interested in taking those risks." Apparently, it's not their job to see what their customers want and actually offer that. Meanwhile, for all the "risks" they're trying to add, plenty of others have noticed that every one of the RIAA's strategies so far, seems to have backfired in some manner when it comes to file sharing.

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It's like watching a bad movie over and over again, each time a somewhat promising market starts to open up for the recording industry, they all do their best to kill it. Earlier today we saw how they're looking to kill the promising market for immed iate live recordings of concerts, but now it looks like they may be killing off ringtones. For the last year or so, ringtones have been the surprising revenue generator for both mobile phone carriers and the recording industry, and despite plenty of warning and predictions that this market couldn't last, the recording industry isn't known for their ability to understand how technology changes will impact their business over time. Already we've seen applications like Xingtone take the industry by surprise by daring to let users make ringtones out of music they've legally purchased - and it won't be long until ringtones are easily downloadable directly to mobile phones via a Napster-like application (if it doesn't exist already). Still, the music industry sees money, and are increasing the royalty rates they charge for ringtones, making them more expensive. In fact, ringtones that are mere snippets of songs cost much more than actually downloading the full song from any of the various download music stores out there. Of course, all this will really do is drive more people to investigate alternatives like Xingtone, and make the "market" for selling ringtones disappear quite quickly. This was going to happen eventually no matter what, so maybe, by raising prices, the industry is just speeding up the process.

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I love how the Web is full of unexpected associations that end up exposing me to new things.

After reading Don Box's post about Frank Zappa's "Baby Snakes" DVD, I immediately bought a copy on Amazon.com. I'd seen Baby Snakes years ago, and although I wasn't wild about most of the music on it (I usually love Zappa, but there's too much of his "gotta pay the bills with cheap laughs" lyrics here), I remember being completely blown away by Bruce Bickford's stunning animation.

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I figured any group that could write the score for a film about Bruce Bickford would be worth listening to, so back to Amazon.com I went. A minute later I ordered a Shark Quest CD, which I'm listening to right now - and I think it's great.

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    Via /.

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    The recording industry sued 531 more computer users Tuesday it said were illegally distributing songs over the Internet in what has become a routine reminder that college students, teenagers and others can face expensive lawsuits for swapping music online.

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    PARIS, March 27 -

    [...]

    This month, Mr. Dariot triumphed in his year-and-a-half-old lawsuit against Google's French subsidiary, which has been ordered to pay him $97,000 in fines and legal costs.

    Dariot and his travel companies, Luteciel and Viaticum, successfully challenged Google's practice of selling Internet advertising from rivals designed to appear with Web searches for his trademarked Web site name, Bourse des Vols, which means flight exchange.

    [...]

    Mr. Dariot's company is one of the first to win against Google; similar cases in the United States and Germany that challenged the search engine's use of keywords have failed.

    But more companies are piling on. France is home to as many as 15 cases, according to lawyers involved.

    [...]

    In a recent California case, Norm Zada, the chief executive and founder of Perfect 10, a publisher of nude photographs and adult material based in Beverly Hills, said he started sending legal notices to Google about the unauthorized use of his images in 2001.

    "After 16 notices, they said they couldn't do anything," Mr. Zada said.

    Since then, he said, his attorney has issued a blizzard of 44 notices in the past two years that covered 9,000 unauthorized images. In January, he sued Google in United States District Court in Los Angeles.

    Google is in an amazing position to be the target of tons of lawsuits that will set precedent for many important things for us on the Internet. I personally like that Google is pushing the envelope on fair use and other issues. For instance, I think Google Images "thumbnails" are no larger than 150x150 pixels. Because of this, I use 150x150 as my own "safe zone" for "fair use thumbnails". If someone sues me, at least I can point at Google. The other thing that Google, Yahoo and others are involved in is transborder lawsuits, which are a very interesting issue from an Internet governance point of view.

    Maybe Google should get into the legal advisory business too. ;-)

    Comment - TrackBack

    RIAA Files 532 Lawsuits


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    Goggle lawsuits guiding the way 03/27/2005 08:44 PM
    New York Times
    Growing Number of Lawsuits Could Hurt Google's Ad Revenue

    PARIS, March 27 -

    [...]

    This month, Mr. Dariot triumphed in his year-and-a-half-old lawsuit against Google's French subsidiary, which has been ordered to pay him $97,000 in fines and legal costs.

    Dariot and his travel companies, Luteciel and Viaticum, successfully challenged Google's practice of selling Internet advertising from rivals designed to appear with Web searches for his trademarked Web site name, Bourse des Vols, which means flight exchange.

    [...]

    Mr. Dariot's company is one of the first to win against Google; similar cases in the United States and Germany that challenged the search engine's use of keywords have failed.

    But more companies are piling on. France is home to as many as 15 cases, according to lawyers involved.

    [...]

    In a recent California case, Norm Zada, the chief executive and founder of Perfect 10, a publisher of nude photographs and adult material based in Beverly Hills, said he started sending legal notices to Google about the unauthorized use of his images in 2001.

    "After 16 notices, they said they couldn't do anything," Mr. Zada said.

    Since then, he said, his attorney has issued a blizzard of 44 notices in the past two years that covered 9,000 unauthorized images. In January, he sued Google in United States District Court in Los Angeles.

    Google is in an amazing position to be the target of tons of lawsuits that will set precedent for many important things for us on the Internet. I personally like that Google is pushing the envelope on fair use and other issues. For instance, I think Google Images "thumbnails" are no larger than 150x150 pixels. Because of this, I use 150x150 as my own "safe zone" for "fair use thumbnails". If someone sues me, at least I can point at Google. The other thing that Google, Yahoo and others are involved in is transborder lawsuits, which are a very interesting issue from an Internet governance point of view.

    Maybe Google should get into the legal advisory business too. ;-)

    Comment - TrackBack

    SCO Hints at *BSD Lawsuits Next Year,
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    Court Clears Way for More Age Lawsuits
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    Court Clears Way for More Age Lawsuits
    (AP)
    03/31/2005 03:34 AM
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    More RIAA Lawsuits Filed


    More RIAA Lawsuits Filed 02/18/2004 02:25 AM
    Techfocus Feb 18 2004 5:41AM GMT

    reign in shot-gun lawsuits


    reign in shot-gun lawsuits 02/15/2004 02:36 PM
    American Medical News .. Feb. 16

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    More Overture Breakup Lawsuits


    More Overture Breakup Lawsuits 11/05/2003 02:55 AM
    When Yahoo bought Overture, one of the first things we mentioned was that people shouldn't just add Overture's revenue to Yahoo's because plenty of Overture's partners would bail out as quickly as possible, since they saw themselves as competitors to Yahoo. It hasn't taken long for that scenario to play out - but it's proving to be a pretty litigious situation. First, T-Online ditched Overture for Google, but Overture sued and won. Now, the same thing is playing out with Lycos, except that Lycos is striking first. They've both dumped Overture for Google and proactively sued them for breach of contract. They claim that Overture needed Lycos' permission before agreeing to the Yahoo acquisition. This might seem like a bit of a stretch at first, but it was apparently in the contract because Lycos wanted to make sure their private info never got into the hands of a list of competitors - with Yahoo at the top of that list. The complaint also alleges (just to make matters more fun) that Overture still owes Lycos nearly a million dollars, and they'd like to see the check pretty damn soon.

    Are The RIAA Lawsuits Working?


    Are The RIAA Lawsuits Working? 11/06/2003 12:25 PM
    Ever since the RIAA started suing their customers, there's been an upturn in CD sales. It's no surprise, of course, to find out that record industry execs now believe the legal slapdown strategy is working wonders. There are, of course, plenty of other explanations (such as the economy rebounding), but I'd actually buy into the idea that, in the short term, the RIAA's legal strategy was likely to boost CD sales. The bigger question is whether or not it is a long term strategy that can work. Despite efforts by people to boycott the RIAA (which just doesn't work), most people are still going to go out and get the music they want. However, increasing the negative impression customers have of the established recording industry just sets up an opportunity for other, more customer friendly, options to come along. When consumers have no other choice, they'll hold their nose and stick with what's given them - but given some choice, they'll run like bandits. The music industry may have won a short term battle, but they've opened up a huge opportunity for a new model in music distribution. Now, the question is who will fill it?

    New Flurry of RIAA Lawsuits


    New Flurry of RIAA Lawsuits 02/18/2004 07:51 AM
    The music industry sues another 531 people for sharing copyright music over peer-to-peer networks. That brings the total number of people sued to nearly 1,500. By Katie Dean.

    RIAA lawsuits mount


    RIAA lawsuits mount 06/22/2004 05:09 PM
    USA Today Jun 22 2004 9:51PM GMT

    SCO plans more Linux lawsuits


    SCO plans more Linux lawsuits 11/18/2003 11:19 PM
    The Linux antagonist vows to widen its legal battle against the open-source operating system, saying it intends to sue large-scale Linux users for copyright infringement.

    Microsoft, Gateway end lawsuits


    Microsoft, Gateway end lawsuits 04/12/2005 03:27 AM
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    Hacking The Internet Archive For
    Lawsuits


    Hacking The Internet Archive For
    Lawsuits
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    A fascinating post over at Lawmeme discusses a case where someone's lawyers were accused of hacking into The Internet Archive in order to access certain archived web page that could be incriminating. The company in question, perhaps realizing the problems with those web pages, had asked Archive.org not to archive their sites. Somehow, however, they claim the law firm of the other party "hacked" into archive.org to access the data anyway. It's not at all clear how someone could hack into archive.org to access the material, but as James Grimmelmann notes, this seems like a legal issue worth watching. It didn't become a major issue in this particular case, but it certainly is likely to come up again in the future.

    SCO's Lawsuits do not have users worried


    SCO's Lawsuits do not have users worried 03/06/2004 01:54 AM
    SCO going after a couple of very large companies will be the beginning of the end. How stupid can SCO...

    Recording Industry's Unexpected Benefit from P2P

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