Yesterday’s post about the mean and stupid RIAA has created some debate in the comments section. And in the meantime, the RIAA has a few more nasty tricks up its sleeve. ZDNet reports:
Some of the world’s largest record labels are quietly financing the creation of programs by small software firms that, if implemented, would sabotage the computers and Internet connections of people who download pirated music, according to a published report.
To those who argue that laws should be obeyed ‘coz that’s what they are there for:
Citing industry executives, The New York Times reported in an article that appeared on its Web site on Saturday, that the efforts bear varying degrees of legality including attacking a computer’s Internet connection to slow or halt downloads and overwhelming distribution networks with programs that masquerade as music files. [Trojan horses and viruses]
To those who venerate the Constitution and let it inspire their opinions about the changing reality of copyright enforcement:
Last month a federal judge in Los Angeles ruled that file-sharing services Grokster and Morpheus were not guilty of copyright infringement.
If upheld, the ruling on Grokster and Morpheus could make it harder for the record industry to go after technology that allows people to trade files, provided the companies that offer such tools have no control over how their technology is used. As a result, record companies are going to have to find other targets for their legal wrath.
Perhaps legal intimidation, coupled with ‘aggressive’ technology may be effective for a while, but the ‘problem’ with technology is that somewhere, quite soon, one or more clever little buggers will find a way around it. Turning nasty to those who want to listen to music, i.e. record companies’ actual markets, does not strike me as the best business strategy. Free markets mean that the players are able to freely satisfy the demand they identify. It does not mean violation of property rights and free-for-all but I cannot accept that is what the RIAA is fighting against. Their desperate efforts to recoup losses has far more to do with overpriced contracts with top chart artists, bloated marketing budgets and costly advertising wars about places in the very top charts that make the artists so expensive, than with any copyright infringements.
If you are a business in free markets and a new phenomenon emerges that may just jeopardise your distribution system (in this case, internet and P2P replacing CDs and other off-line media), you do not go around intimidating your current, former and potential customers. You find a way of accommodating that demand, adjusting your business model or finding an alternative way to satisfy it. That’s free market to me!
As Michael Page, an attorney who represented the defendants in the Grokster and Morpheus case predicts:
It puts pressure on the labels to take seriously that the public wants electronic distribution. They’re going to have to stop trying to figure out a way to make the Internet go away and figure out a way to use it.
Perhaps, unless you think you have enough muscle to try to curb the markets and customer behaviour and make sure that your oligopoly prevents any new entrants from making impact on the balance of power in the industry. Oh wait, that sounds just like the RIAA…
This debate is not exactly about copyright and intellectual property. The reason we are having it is that it is easier for the RIAA to go the route of legal intimidation and obstreperousness (the US is, after all, the land of lawyers) than giving in to more uncertain and painful pressures of market forces and customer demand. Oh, and of progress and technological development…
Note to our ‘in-house’ entertainment industry expert: Is this what you had in mind, Simon? Surely not.