Music

Presumptive-guilt-based Broadband Tax Floated

March 23rd 2008

At this year’s SXSW Music and Media Conference in Austin, an idea was floated that was supposed to “monetize anarchy” found in the music industry vis-à-vis illegal copying. The idea: a five dollar monthly surcharge on broadband internet service as a royalty for downloading music illegally. This is also known as a “utility model.” But [...]

Penn Jillette Likes IP Rights and Ripping CDs

March 22nd 2008

Penn Jillette is the taller, louder half of the magic and comedy act Penn and Teller.  He is also a research fellow at the Cato Institute and has lectured at Oxford and MIT. Somewhere along the path of being a magician, writer of best-selling books, and producer of a film about a single dirty joke, he developed [...]

Statutory ‘Piling On’ to be Removed from PRO-IP Act

March 8th 2008

The ill-conceived and draconian PRO-IP Act got some of its feathers clipped by the elimination of a requirement known as Section 104 of the proposed bill to treat compilations of music as a separate violations. Had this been allowed to stand, the fines would have been multiplied many times, because they’d be determined based upon [...]

RIAA and Labels Pocket Settlement, Ignore Artists

March 4th 2008

Is the RIAA only about the money, and not the ethical defense of intellectual property rights of artists? It seems the artists the RIAA supposedly represents have seen little or no money as a result of copyright infringement settlements over the years from major entities like Napster and Kazaa. Those settlements are in the neighborhood [...]

RIAA Loses “Making Available” Argument in Default Judgment Request

February 28th 2008

On February 13, 2008, in Connecticut copyright case Atlantic vs. Brennan, the court rejected the RIAA’s request for a default judgment on the grounds of its theory that simply making available copyrighted music that might be illegally copied by some other party is, in fact, infringement. District Judge Janet Bond Arterton ruled that such a [...]

Listen to Music Free and Legally: Major Labels Start to Make Deals with Free Music Sources

January 29th 2008

There’s a lot to be happy about in recent moves by the recording industry to experimentally make music available on an ad-supported “free” basis. Here are three examples of emerging models meeting with dramatically different levels of success.

Is Copying My Own CDs Illegal?

January 15th 2008

In a court brief filed by RIAA counsel Ira Schwartz in a case involving Jeffrey Howell of Scottsdale, AZ, the RIAA claims that any copying of CDs is “unauthorized.” According to an article in the Washington Post: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection [...]

Paid RIAA Editorial Masquerading as News

December 25th 2007

The RIAA sank to a new all-time low by producing a two-minute video press release intended for local TV stations to broadcast about copyright infringement during the holiday season. A copy of the poorly made video may be found here. It matches a press release by the RIAA released on December 13, 2007. Among the [...]

Prince: IP Visionary or Comic Character?

December 9th 2007

Described in one of his own press releases as a “creative genius and forward thinker by nature,” the Purple One’s legal creativity is legendary. Recall his 1993 falling-out with Warner Bros. during which he only appeared in public with the word “slave” written on his cheek. Then he abandoned his stage name for a symbol. The line [...]

RIAA & MPAA Using the Feds as Muscle

December 7th 2007

The RIAA and MPAA have never tried the carrot-and-stick approach to anti-piracy efforts — just the stick part. It’s all about the stick. The reason is a perception that an entire generation of kids and young adults does not respect copyrights, and that the combination of digital content and the widespread distribution medium of the [...]