[Rhodes22-list] File Sharing

[Steve Alm]

Thanks, Bill.  The Recording Industry Association of America.  Is that it?

And what?  No comment?  Uncharacteristic of you.

Slim

On 11/13/03 5:19 PM, "Bill Effros" <bill at effros.com> wrote:

> RIAA
> 
> ----- Original Message -----
> From: Steve Alm 
> To: Rhodes 
> Sent: Thursday, November 13, 2003 4:18 AM
> Subject: [Rhodes22-list] File Sharing
> 
> 
> What do you think of the lawsuits that the ARA, American Recording
> Association (or something like that) has filed against those of us who use
> the file-sharing software to get free Mp3's.  They're even suing a 12 year
> old girl!  
> 
> Somehow, they twist the arms of the servers to turn over the names of people
> who are downloading.  This is an outrage!  It's a violation of my privacy!
> 
> Here's how I see it:  First, the copyright laws.  As I understand it, you
> surely cannot copy something for resale.  Selling bootleg copies of anything
> is clearly illegal.  But you are allowed to copy something if you plan to
> use it for "study."  An example of this is copying text from a book to be
> used in a classroom, and pass out copies to the students to read, evaluate,
> use in research, quote from, etc.  It has been explained to me that this is
> perfectly acceptable and I've done it many times with my students.  Well,
> I'm a professional musician and I use these Mp3's for "study."  I quote Mick
> Jagger, for example.  I'm not SELLING his stuff--I'm covering him with my
> own version, and not SELLING recordings of my version.  Granted, Mick is due
> some royalties, but that's all supposedly taken care of by BMI and ASCAP
> when they go around to the night clubs that feature live music covers and
> collect an annual fee.  These fees are usually around $350-$500 or so per
> year, depending on the situation.  This procedure has been in place for
> years.  The big shots are getting their money.
> 
> The next issue is the privacy one.  Imagine this:  Let's say I call you on
> the phone and ask you to burn me a copy of such-and-such.  The ARA taps my
> phone, finds out and busts me.  WRONG!  The only ones who can legally tap a
> phone line are the Feds.  The ARA is not government.  But they're making the
> servers give up the names and therein lies the rub.  It's just like an
> illegal wiretap.  These files go through the phone lines and the ARA simply
> should NOT have access to me through my server any more than they should
> have access to my conversation with you over the phone!!!!  This is person
> to person file sharing, and it's no different than when we all used to take
> our records and make cassette copies.  This has been going on for years!
> 
> They're pissed because now, it's much more wide-spread, and sales at
> retailers are down.  Is that my fault?  The packages that they're cramming
> down my throat are unacceptable to me.  I don't want all 15 songs on the CD
> for $25, I just want the ONE that I like.  I see this as a call for a change
> in the marketing of music by the label companies.  It's their problem, not
> mine.
> 
> If I were Mick Jagger, I suppose I'd be pissed that a lot of my stuff was
> being file-shared instead of being purchased.  Sorry, but I just can't find
> it in my heart to feel sorry for Mick at this stage.  What about all the
> "little guys" that WANT their stuff to be blasted all over for the exposure?
> 
> It's a new world out there in musicpublishingland and I don't claim to have
> the answers for them, but I will NOT sit still while the ARA tries to stomp
> on my civil rights!!!
> 
> I'm not on a crusade here or anything, but feel free to pass this message on
> to anyone in the music industry that might be feeling nervous about these
> lawsuits.  By the way, none of the suits have gone to trial.  They've all
> been settled out of court.  The ARA sues for, like $50,000 and settles for
> $3500 and everyone so far has bit because they're so intimidated.
> 
> Slim  (but, ahem, don't use my name)
> 
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