"Between the RIAA and a Hard Place" from "Recording Industry vs. The People" blog

Op-ed piece by Andrew Harden for the "Recording Industry vs. The People" blog (run by two lawyers working with the EFF) discussing some implications of the latest in the series of overly broad anti-copying measures that continue to become the law of the land.

Read the entire piece here: "Between the RIAA and a Hard Place."

Excerpts:

... Attorneys for the Recording Industry Association of America have made the argument that simply having a "Shared" folder on your computer can be considered grounds for infringement and, by extension, prosecution.
... The problem with this is that nearly every PC in use right now, running a modern operating system like, for example, Microsoft Windows XP, has a "Shared" folder on it ...created by Microsoft's Windows installer program.
... In Apple's OS X, we have the same thing. I have a folder called, simply, "Shared."
... So if I was subpoenaed right now, the RIAA would find a "Shared" folder.

... The Intellectual Property Protection Act of 2006 would increase the penalties for infringement, and make attempting infringement illegal. ... Here's the problem with a law like this: it applies to entirely too much stuff. Stand up and look around, and raise your hand if you see a

Computer | Printer | Fax Machine | Photocopier | VCR | TiVo or DVR | Camera | Scanner | Audio recorder

All of these things are “tools” that can be used to "circumvent" anti-piracy measures.

...This campaign isn't about stopping piracy; it's about control. Instead of adapting to new technology, which is usually what happens, instead of finding a new business model, which is key to having a successful business, the RIAA is out to litigate the market into submission.

Comments

[Chris Holmstrøm]

Yeah, it's scary... And now you have the proposed legislation that if passed will forbid radio stations to have unencrypted MP3 streams, requiring the use of WMA or Real with DRM.

I don't think this is the will of the people, if the people knew anything about this... I can't protest it since I'm not from the US, but this will mean I lose access to your stream... a crying shame.

Of course, one could set up a relay in Europe somewhere (Norway's good :) which recieves an encrypted stream from the station and rebroadcasts it as MP3...

But you still have FM anyway. Think of the internet-only stations, many streamed from Linux, going out of business. WMA and Real streaming software cost much more money, more CPU power and more hassle.

As you said, the RIAA are trying to halt progress with laws and lawsuits instead of setting up their own iTunes-like online music shop. The RIAA execs would be safe from zombie attacks though, as they keep proving the y have no brains!