NEWS

Copyright Competition

Written by Al Barger
Published December 22, 2006

US record companies have filed a big ol' hairy lawsuit against the Russian-based mp3 download service AllofMP3 in an American court.

From the AP:

Several major record labels sued the operator of the Russian music Web site AllofMP3.com on Wednesday, claiming the company has been profiting by selling copies of music without their permission.
The suit targets Moscow-based Mediaservices, which owns AllofMP3 and another music site, allTunes.com. The suit is backed by many major record labels, including Arista Records LLC, Warner Bros. Records Inc., Capitol Records Inc. and UMG Recordings Inc. who claim Mediaservices' sites sell millions of songs by their artists without paying for the right to do so. They commented that:
"Defendant's entire business ... amounts to nothing more than a massive infringement of plaintiffs' exclusive rights under the Copyright Act and New York law."
This really doesn't seem to have legal merit though, just on the basis of jurisdiction. AllofMP3 is a Russian website, so American laws don't apply, any more than it would make sense for some cleric to sue Warner Brothers music in a Pakistan court for putting out Madonna records in violation of local sharia law. You can understand the American companies WANTING to shut down this site if they're not getting paid, but American laws just don't apply in other countries.

That's a good thing, too. Given the global nature of the internet, this will be one little check around the edges for the political bullying of American media companies. Disney et al have so thoroughly bought off American politicians that modern copyright law looks much more like cartel extortion or corporate welfare than anything designed simply "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

Thus, competing national legal jurisdictions to something widely accessible through the internet makes for a bit of de facto checks and balances on the abuses of US domestic politics. It's just a lot more difficult for Disney to control not just US law, but Chinese, Russian, and every other kind. They still have influence, but it's more indirect, largely in the form of getting the US government to lean on foreign governments to lean on their people. Now, how much does influence does MPAA and RIAA money get them with the US government to push their private profit interests with foreign governments vs all the obviously much more important issues of war and peace?

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Unreformed hawkish Hoosier hillbilly and sometimes candidate Al Barger runs the still squeezin' down the psychodelic Kentucky moonshine at MoreThings.com, what with the paranoid religious visions and the Pentacostal music and visions of God and Sarah Palin and anarchy running amok and such. Somebody oughta call the cops to report his out of control freedom of conscience. Till they come to take him away somewhere where he can't hurt anyone else, you can check out his weekly column of NEW ALBUM RELEASES.
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Copyright Competition
Published: December 22, 2006
Type: News
Section: Politics
Filed Under: Politics: International, Politics: Policy
Writer: Al Barger
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Comments

#1 — December 22, 2006 @ 05:15AM — Christopher Rose [URL]

Great story, thanks Al.

#2 — December 22, 2006 @ 10:26AM — Bliffle

The major entertainment monopolies are some of the most abusive and despicable outfits around. They screw everyone. In fact, they perform little service aside from screwing people. They do NOT facilitate the creation of entertainment because they preempt the creative rights of artists with contracts that reserve to themselves those rights. If someone manages to create something outside of such a contract they will sue to achieve the same purpose. Then they bribe congressmen to give them even more legal protections which they use in the most ruthless monopolistic ways imaginable.

The copyright laws, like the patent laws, have totally been distorted from their original purpose to protect creative people and have been turned into pretexts for extortive monopolistic enterprise. They should be radically pruned back, but, alas, I suspect they have such a stranglehold on congress that it will never happen.

#3 — December 22, 2006 @ 11:56AM — Joe

Good article and good comment by Bliffle. Copyright turned from protection for artists to a protection racket. In spite of the success of iTunes the monopolies don't want to loosen their grip on the golden goose. I have no doubt they'd completely turn off the internet if they could; they see it as an enemy not an opportunity.

#4 — December 22, 2006 @ 12:11PM — Al Barger [URL]

Thank you, Brother Rose.

Bliffle, as to protecting creative people, I'm to understand that it's generally considered that copyrights usually make 90% of their money within 2 years. That's pretty much the monetary motivation for creation. JK Rowling ain't motivated to write more Harry Potter novels because she's looking forward to income from them 20 or 30 years down the line.

And I'd REALLY like some explanation for how some schmucks running RCA having cartel control over 50 year old Elvis Presley records does anything whatsoever to promote the progress of science and useful arts.

#5 — December 22, 2006 @ 17:33PM — Bliffle

I advise boycotts. Don't buy the offending issues. the obverse of that is to make sure you reward the worthy ones.

#6 — December 23, 2006 @ 12:35PM — Bliffle

One might also use a sortof Selective Piracy. For example, in the halcyon days of IRC and DSL there were some fabulous libraries of classical music made available by some stalwarts like Sigmus and LordSauron and I took the opportunity to audition a number of performances before buying them, which I did. This puts a burden on one to be honorable and informed. It's a form of Guerilla Justice. Most pop music is extortionary and exploitive, so the little I listen to I might pirate, except for jazz. On the other hand, when I found that the royalties for "Wimoweh" were finally flowing to Solomon Lindas family I bought it from Amazon (Rounder records).

#7 — December 24, 2006 @ 16:37PM — RedTard

I'm still not sure why so many people support theft of intellectual property. It's all fun and games when it's a simple song, but those same rules apply to other arts and technologies. The same countries pirating your songs and cheap videos are the ones taking your manufacturing technology and jobs.


#8 — December 24, 2006 @ 20:25PM — Bliffle

Red: all humans are larcenous at heart, we just await some pretext for justification. At the same time, we yearn for justice and are quite willing to pay a provider a just and reasonable fee. But the CD companies have sorely abused their privileged monopoly in order to extract extravagant monies from their captive customers. So, given the chance, we resort to guerilla consumerism to even the scales. And all the preaching about intellectual property rights and public morality are weighed against the notion that consumers are being victimized.

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