[d@DCC] FW: RIAA finally acts: Sues individual P2P users
Chris Brand
Chris_Brand at spectrumsignal.com
Mon Sep 8 13:40:59 EDT 2003
I find it interesting that, although the RIAA is careful to distinguish
between "distributors" and "downloaders" and says throughout that the
first (only) is clearly illegal, a lot of the quotes they use are not
nearly as careful :
>"Illegal downloading of music is theft, pure and simple...."
It's clear to me that whereas distributing without permission is
copyright infringement, downloading may or may not be. You may have paid
the levy on the media you're downloading to, you may believe that you
are downloading from a legitimate site, etc, etc.
There are also some horrible opinions expressed regarding "ownership" :
> the "sharing" of what I have created and own -- my music.
>I, songwriter/publisher,
>labored for years to create those songs, and I really do legally own
>them. I not you -- have the right to control what happens to them, ...
Along with the usual blame for a decrease in sales :
>It is not mere coincidence that this
>drop off has occurred concurrently with the advent of peoples ability to
>get music for free on the Internet.
Chris
-----Original Message-----
From: Declan McCullagh [mailto:declan at well.com]
Sent: 8 September 2003 10:09 AM
To: politech at politechbot.com
Subject: FC: RIAA finally acts: Sues individual P2P users
Everyone has been expecting this for a while. See previous Politech message:
"RIAA to P2P users: the gloves are coming
off"
http://www.politechbot.com/p-04618.html
-Declan
---
** 1PM EST EMBARGO **
Embargoed until 1pm EST
Monday, September 8, 200
http://www.riaa.com
RECORDING INDUSTRY BEGINS SUING P2P FILE SHARERS WHO ILLEGALLY OFFER
COPYRIGHTED MUSIC ONLINE
Will Agree Not to Sue P2P Users Who Voluntarily Pledge to Stop Distributing
Music Illegally
Copyright Infringement Claims Filed Against Hundreds of Major Offenders
In First Round of Potentially Thousands of Lawsuits
Lawsuits Part of Industry's Multi-Prong Approach That Includes
New Business Models and Education
WASHINGTON (September 8, 2003) The Recording Industry Association of
America (RIAA) announced today that its member companies have filed the
first wave of what could ultimately be thousands of civil lawsuits against
major offenders who have been illegally distributing substantial amounts
(averaging more than 1,000 copyrighted music files each) of copyrighted
music on peer-to-peer networks. The RIAA emphasized that these lawsuits
have come only after a multi-year effort to educate the public about the
illegality of unauthorized downloading and noted that major music companies
have made vast catalogues of music available to dozens of new high-quality,
low-cost, legitimate online services.
At the same time, the RIAA announced that the industry is prepared to grant
what amounts to amnesty to P2P users who voluntarily identify themselves
and pledge to stop illegally sharing music on the Internet. The RIAA will
guarantee not to sue file sharers who have not yet been identified in any
RIAA investigations and who provide a signed and notarized affidavit in
which they promise to respect recording-company copyrights.
"For those who want to wipe the slate clean and to avoid a potential
lawsuit, this is the way to go," said Mitch Bainwol, RIAA Chairman and
CEO. "We want to send a strong message that the illegal distribution of
copyrighted works has consequences, but if individuals are willing to step
forward on their own, we want to go the extra step and extend them this
option."
"Nobody likes playing the heavy and having to resort to litigation," said
RIAA president Cary Sherman. "But when your product is being regularly
stolen, there comes a time when you have to take appropriate action. We
simply cannot allow online piracy to continue destroying the livelihoods of
artists, musicians, songwriters, retailers, and everyone in the music
industry."
Since the recording industry stepped up the enforcement phase of its
education program, public awareness that it is illegal to make copyrighted
music available online for others to download has risen sharply in recent
months. According to a recent survey by Peter D. Hart Research Associates,
fully 61% of those polled in August admitted they knew such behavior was
against the lawup from 54 percent in July and 37 percent in early June,
prior to the announcement.
"We've been telling people for a long time that file sharing copyrighted
music is illegal, that you are not anonymous when you do it, and that
engaging in it can have real consequences," said Sherman. "And the message
is beginning to be heard. More and more P2P users are realizing that there
are dozens of legal ways to get music online, and they are beginning to
migrate to legitimate services. We hope to encourage even the worst
offenders to change their behavior, and acquire the music they want through
legal means."
Over the past year, the RIAA has also worked closely with the university
community to combat piracy. In recognition of the seriousness of the
problem, colleges across the country are implementing new restrictionsand
issuing severe warningsto discourage the swapping of pirated music and
movies over high-speed campus Internet connections.
Additional education efforts include more than four million Instant
Messages sent since May directly to infringers on the Kazaa and Grokster
networks warning them that they are not anonymous when they illegally offer
copyrighted music on these networks and that they could face legal action
if they didn't stop. The RIAA sent such a warning notice to virtually every
Kazaa and Grokster user who was sued today.
"Obviously, these individuals decided to continue to offer copyrighted
music illegally notwithstanding the warnings," said Sherman. "We hope that
today's actions will convince doubters that we are serious about protecting
our rights."
In today's first round of lawsuits, RIAA member companies filed copyright
infringement claims against more than 250 individual file sharers.
The RIAA announced on June 25 that it would be gathering evidence in order
to bring lawsuits in September against computer users who illegally
distribute copyrighted music through such peer-to-peer file distribution
networks as Kazaa and Grokster. Individuals caught distributing copyrighted
files on Kazaa, Grokster, Imesh, Gnutella, and Blubster were targeted in
this initial round.
Since it announced its lawsuit plans, the RIAA has been contacted by a
number of illegal file sharers expressing concern over their actions and
wanting to know what they could do to avoid being sued. In response, the
RIAA has decided not to pursue users who step forward before being targeted
for past illegal sharing of copyrighted works. Instead, those who want to
start fresh will be asked to sign a declaration pledging they will delete
all illegally obtained music files from their hard drives and never again
digitally distribute or download music illegally. Detailed information on
how to apply and qualify for this amnesty is available at the web site
www.musicunited.org.
Over the past year, an unprecedented campaign by a coalition of
songwriters, recording artists, music publishers, retailers, and record
companies has heightened music fans' awareness of the devastating impact of
illegal file sharing. A series of print and broadcast ads featuring top
recording artists, as well as numerous press interviews by music industry
figures, have conveyed the message that file sharing not only robs
songwriters and recording artists of their livelihoods, it also undermines
the future of music itself by depriving the industry of the resources it
needs to find and develop new talent. In addition, it threatens the jobs
of tens of thousands of less celebrated people in the music industry, from
engineers and technicians to warehouse workers and record store clerks.
At the same time, the industry has responded to consumer demand by making
its music available to a wide range of authorized online subscription,
streaming and download services that make it easier than ever for fans to
get music legally and inexpensively on the Internet. These services also
offer music reliably, with the highest sound quality, and without the risks
of exposure to viruses or other undesirable material.
Federal law and the federal courts have been quite clear on what
constitutes illegal behavior when it comes to "sharing" music files on the
Internet. It is illegal to make available for download copyrighted works
without permission of the copyright owner. Court decisions have affirmed
this repeatedly. In the recent Grokster decision, for example, the court
confirmed that Grokster users were guilty of copyright infringement. And in
last year's Aimster decision, the judge wrote that the idea that "ongoing,
massive, and unauthorized distribution and copying of copyrighted works
somehow constitutes 'personal use' is specious and unsupported."
A number of other music community leaders expressed support for strong
enforcement against egregious instances of copyright theft.
Bart Herbison, Executive Director, Nashville Songwriters Association
International:
"When someone steals a song on the Internet it is not a victimless
crime. Songwriters pay their rent, medical bills and children's'
educational expenses with royalty income. That income has been
dramatically impacted by illegal downloading, so many have reassessed their
careers as songwriters. It breaks my heart that songwriters are choosing
other professions because they cannot earn a living in great part due to
illegal downloading."
Thomas F. Lee, President, American Federation of Musicians of the
United States and Canada:
"No one is eager to see copyright infringement lawsuits against
individuals. But copyright infringement hurts many thousands of other
individuals. Most musicians who depend on CD sales and legal downloading
are not wealthy mega-celebrities. They are artists struggling to succeed
without a 'day job.' They are ordinary session musicians who depend on
union-negotiated payments that fall drastically when sales fall. They are
songwriters who depend on royalties to put food on the table. The AFM has
said it before: Musicians make music for love, but they can't afford to do
it without an income. The AFM urges all music fans to support artists by
using only legal means to distribute and obtain music."
Lamont Dozier, Legendary songwriter:
"I wish people who are practicing illegal file sharing would stop for a
moment and think about the damage that is being done here, and step in the
shoes of people who have families and children, who have been laid off from
jobs they've held for over 20 years. In a time where jobs are very hard to
come by, and you find yourself forced to be un-employed, because the
business is falling apart, deals aren't being made, record stores are
closing, lay-offs are happening world-wide in every aspect of music, from
cd packers to guitar players to secretarys to hopeful songwriters and
artists, who will not have a music industry any longer., People are being
lied to about the damage that piracy and illegal file sharing is doing to
our country, not just to the music industry, but it is effecting every
aspect of our lives. Each business in this country is linked to each other,
and all industries are failing and the economy is falling apart. Illegal
file sharing is one of these cancerous straws that are breaking the camel's
back."
Frances W. Preston, President of BMI:
"Illegal downloading of music is theft, pure and simple. It robs
songwriters, artists, and the industry that supports them or their property
and their livelihood. Ironically, those who steal music are stealing the
future creativity they so passionately crave. We must end the destructive
cycle now."
Rick Carnes, President, Songwriters Guild of America:
"It breaks my heart to see the great songs of American songwriters
electronically shoplifted by the millions every day. Like everyone else,
songwriters can't make a living if we aren't paid for our hard work. We
have done all that we could to educate and warn the public that rampant
internet piracy is killing our music. Anyone still sharing copyrighted
music files without the permission of the copyright holder should know what
they are doing is not only wrong, it is illegal."
National Association of Recording Merchandisers:
"NARM believes the RIAA has the right to act on behalf of copyright holders
and recording artists to protect their rights, their interests and their
creative works as the law provides."
Gary Himelfarb, President, RAS Records:
"In 1981, as an aspiring entrepreneur and reggae music lover, I started a
small label (RAS Records) in the basement of my home right outside of
Washington DC. I did this, like so many other independent label owners (of
which there are literally thousands of-as compared to only 4 majors) not to
make millions of dollars, but instead to create music which I loved and to
have a profession that I loved doing each day.
"Over the years we created over three hundred full length CDs and I have
been able to support myself and my wife and two kids. I have always
considered myself to be very fortunate to do what I love, fairly compensate
the artists and writers I work with and build a company that has respect
and integrity within the music industry.
"The way independent labels have always made money is by selling catalog,
since we are not able to promote our songs on radio and create hits, like
the majors. The majors, although they also over time create impressive
catalogs, depend on the sales of 'hit' records to generate the income they
need to run their companies. We independents have always depended on
catalog sales.
"We have always had consistent sales of our catalog titles, even if a
release was 10 years old. Since the invention of Napster and other illegal
file sharing activities, the independent labels have experienced a serious
drop in the sales of our catalogs. It is not mere coincidence that this
drop off has occurred concurrently with the advent of peoples ability to
get music for free on the Internet.
"As an independent label owner who has now seen my sales consistently
shrink from year to year, I am firmly against the activities of people and
companies who allow my music to be illegally downloaded on the Internet. I
am strongly in favor of allowing legal websites to offer my music for a
fair price (and sometimes even free-with my prior permission) and look
forward to participating in the legal digital distribution of music.
"If it is necessary to prosecute those who are purposely sharing large
numbers of music files without regard for the artists, writers and labels
that work so hard day in and day out, then so be it. If we do not get this
problem under control, the public will suffer as less entrepreneurs like
myself will be willing to invest their time or money into creating music
catalogs for the world to enjoy."
Bill Velez, President and COO, SESAC:
"In the current atmosphere of widespread online copyright piracy, SESAC
endorses efforts to protect the livelihoods of songwriters and music
publishers and the sanctity of intellectual property."
Bruce Iglauer, President, Alligator Records:
"No one is hurt more by the illegal 'sharing' of copyrighted music than
the independent artist and the independent record label. The struggling
indies already occupy a much smaller market share than the majors. The
independents' loss of income from the elimination of even a small number of
sales can be the difference between whether much independent music is
recorded or not. If this proliferation of the theft of the creations of
artists continues, less and less music will be recorded. The public must
be educated about the real results stealing music from its creators.
"It is unfortunate that the problem of illegal 'sharing' of copyrighted
music has grown to the point where legal action is necessary, but that is
the case. Until such time as the public is jarred into awareness, it is
the sad necessity that the people who create and own the music must
aggressively defend themselves from having their creations stolen."
Sharon Corbitt, Nashville Studio Manager:
"As studio manager of Ocean Way Nashville and my 19 years on Music Row, I
have seen our industry go through many changes. We are faced with even
larger obstacles than ever due to the illegal downloading of music on the
internet. It may seem extreme to people to pursue legally those who
continue to "illegally obtain music on a daily basis" . Illegal downloading
of music is the same as someone walking into your home and stealing
something that you had created and was of value. People make their livings
creating music. The cost of a recording is covered by that recording being
sold to consumers. In the end, the consumer suffers from illegal
downloading because proper funding will not be available to cover the cost
to produce that recording.
"A songwriter has a job just like an electrician or a computer programmer.
They sit down and write songs in the hopes that their creation will be
recorded by an artist and eventually purchased by the consumer. That's how
they make their money. By illegally downloading music we are effecting the
creation of the music itself. The quality of music will suffer and the
consumer will in return suffer. Music is healing. You would only want the
best medicine and doctors to fight a disease. Illegal downloading is not
allowing the 'best cure' to find its way to the person seeking healing.
Something has got to change or we are all going to regret what the final
outcome will be, no more quality music, fewer healing words..."
Courtney Proffitt, Executive Director of the Association for Independent Music:
"The Association for Independent Music has been educating people for the
past year that online music piracy is hurting everyone in the music
industry not just the major labels. The independent sector has been hard
hit the past few years, even though this is the sector that often has the
most innovative and creative music production. The small indie labels are
struggling to promote and sell their music, in order to stay in
business. If they are not getting paid for the music they create, they
cannot continue to operate. This results in a loss to our overall culture.
"Many talented musicians are no longer receiving royalty payments that they
have been depending upon as income. These royalty payments were
supporting them and helping them to continue their craft: creating new
music for the public's enjoyment. With the loss of this revenue, many
musicians have had to quit and find "day jobs" to make a living. I
consider this to be a loss for everyone.
"Additionally, my organization has independent music retail as
members. Many of the independent music stores have lost revenue due to
illegal downloading, and loss of customer base. They are having trouble
continuing to stay in business as the "local record store." Many have been
forced to close their doors due to this downturn in business, and it also
affects the economy of the community where they are located.
"I urge people to be aware of this situation, and the consequences that are
the result of illegal downloading of music. It is not just hurting an
anonymous "music industry". It is hurting real people such as the artists
who create the music, people who promote and distribute the music, all the
way to the music store clerk who works at your local music retailer."
Chuck Cannon, President, Wacissa River Music, Incorporated:
"I'm a professional songwriter. This means I provide for my family by
receiving a royalty when a CD containing one of my songs sells. This also
means if you acquire possession of one of my songs without paying for it,
you have intercepted my paycheck. That makes you a criminal.
"If you engage in illegal downloading, that is, if you download a song
without paying for it, you are a common thief. If you allow your children
to engage in illegal downloading, you are telling them 'in our home,
thievery is acceptable.' If you are a college administrator and you turn a
blind eye to illegal downloading on your campus, you are encouraging
larceny in your hallowed halls of education."
Mike Negra, President, Mike's Video:
"Mike's Video continues to see the effects of illegal downloading and
burning. Our chain has shrunk from five stores to one, resulting in a loss
of 12 music-oriented jobs and over $2 million dollars a year in music
revenue. Even with that consolidation, we face an uncertain future due to
the core customers of our town, 42,000 Penn State University
students. This year's results to date show sales down 45% overall versus
2002. The single store comparable is down 6.2%.
"The message of zero tolerance towards digital thievery needs to be
delivered to those who continue to ignore the obvious. The facts of the
situation are people are buying less music and record stores are going out
of business. This is a direct result of illegal downloading and burning and
is especially prevalent in college towns such as State College.
"The story of stores like Mike's is being played out across the country
next to or on college campuses. It is one the downloading public isn't
aware of or concerned about. I applaud the effort the RIAA has given this
problem but I don't believe either of us are satisfied with the results.
The continuation of lawsuits and awareness towards the overall ill effects
throughout the industry is paramount if we hope to save the industry we all
love.
"I'm willing to do whatever it takes to help save or reshape the music
business and change the attitudes that exist. Maybe it will help
personalize the deep effects this so-called victimless crime has had."
Cecilia Carter, the R&B Foundation:
"The R&B Foundation provides medical and financial assistance to older
musicians. Many of the people we serve can barely survive without our help
and the few dollars they receive from royalty payments. The downloading
and sharing of music files, negatively impacts the amount of royalty
payments received by our artists. Although the amount of money may seem
insignificant at the time you are getting it for free, it can mean the
difference in a musician's ability to pay rent or face homelessness. We
strongly support the music industry's effort to stop free downloading and
file sharing. It is a matter of survival to our constituents."
John W. Styll, President, Gospel Music Association:
"The gospel music community has not been immune from the financial damage
caused by those who illegally obtain music through downloading. Some may
argue that it is an act of ministry to give Christian music away. The GMA
certainly believes that it is good for people to be exposed to the message
of gospel music, just as it would be good for people to read the Bible, but
stealing either music or Bibles cannot be justified. It's unfortunate that
the music industry has had to resort to prosecution to deter theft, but
there seems to be no other choice and thus we lend our support. And as
believers in the concept of grace, we are glad to support the amnesty
program as well."
Dale Mathews, President, Christian Music Publishers Association:
"The surge and volume of illegal file-sharing over the past several years
cry out for action rooted in strength. This latest legal action by the
Music Coalition meets that criteria and is supported by the Church Music
Publishers Association. We feel it is the small, grass roots writer who is
most severely damaged by the all too common illegal acts of file-sharing."
Members of the Tennessee Songwriters Association:
Tom Mobley:
"It is, of course, illegal. It robs from everyone. Many great songs will
never be heard because they will not be on a CD or cassette with a hit
song. If a CD sells a million so does every song on it. If someone
downloads only one song, the others will never be heard."
Jan Johnson:
"I am a songwriter, and even though I have not received any royalties to
this date, I think it is so absolutely absurd that people have the
mentality about using someone else's product for free."
Clark Snyder:
"I think we need TV and radio spots like Hollywood is doing for illegal
movie downloading. Creating a legal downloading system is the key. I
would infiltrate illegal sites with legal downloading options that pop up
like some other sites are now doing effectively. More artists & writers
need to tale the risk and stand up and take a public stand on this matter."
Donna DeSopo:
"Doesn't illegal say it all? This is against the law. Music is a creative
intellectual property and the creators are entitled to earn a profit. They
own it and no one should steal their work. Great music comes with a price,
because it is priceless."
Harry Date:
"It's wrong, but people won't stop doing it until they fear the penalty for
doing so. The current industry approach is the correct response go after
them."
Ann Roux:
"I'd like to ask one question of those who defend this illegal
activity. How would you like it if I just waltzed into your house and
walked out carrying every belonging of yours I felt like owning and not
paying for? That's how I feel about it."
D.R. Theroux:
"Illegal music downloading is a form of theft, the taking of intellectual
property. Such theft degrades the songwriting profession greatly."
Donna Dean:
"More education is needed on illegal downloading to let people know that
even though the record companies and recording artists may be filthy rich,
most songwriters are not."
Rodney Hayden:
"Downloading music from the Internet is nothing more than stealing, plain
and simple. It is also an easy way steal. It's about time people in the
music industry come together and legally put an end to this abomination."
Hugh Prestwood, number-one Country Music hit songwriter:
Dear File-sharers,
What is becoming increasingly clear is that the great majority of you truly
feel no guilt about the "sharing" of what I have created and own -- my
music. You have lumped together many professions artists, songwriters,
engineers, producers, publishers, etc. into one big ugly corporate
caricature -- a rich and corrupt industry that can be stolen from
remorselessly. Additionally, in your "yes, Virginia, there is a free
lunch" mentality, you have unthinkingly devalued songs to the extent that
you perceive them as trifles something of little value to be partaken and
enjoyed at no cost. Moreover, you have unfairly condemned me and my record
industry peers for bringing the law to bear against you. In classic "blame
the victim" reasoning, you lay the responsibility for my losses at my feet,
saying, in essence, that the problem is not your theft, but rather my
inability to prevent it.
Well, file-sharers, I righteously say "bull." I, songwriter/publisher,
labored for years to create those songs, and I really do legally own
them. I not you -- have the right to control what happens to them, a
right your technology does not trump. You are dead wrong to simply give my
songs away and undermine my only chance to profit from my creations. Don't
tell me that I should gracefully pardon your hand in my pocket. Don't
insinuate to me that, because your thievery is so facile, perhaps I should
find some other way to make a living. Your "hobby" is taking the bread off
my table, and I have every right to use any and all legal means possible to
discourage your destructive practices.
Let us come together. You often love what I create, and I need to make a
living. I have been trying for several years now to find a way for us both
to be happy where you can easily acquire my songs and I can be justly
rewarded for my creativity. Try as I might, however, thus far I have been
unable to find a way to compete with "free". You must help me.
First, you must wake up from your fantasy that songs should rightly be
free, and that no one is being hurt by your theft. I and all my fellow
songwriters (among others) are seeing our futures seriously
threatened. Second, you must "raise your consciousness" to where you
understand that a career in music is brutally serendipitous and difficult
to maintain. The ability of artists and songwriters to have any kind of
dependable, longer-term, income is entirely linked to their ability to
control their copyrights. Without copyright protection, aspiring artists
and songwriters had best not ever consider quitting their day jobs.
Finally, you must realize that in real life you really do get what you pay
for. If you won't pay for music, you will soon be receiving a product
commensurate with your thriftiness. A society that doesn't value a
commodity enough to pay for it will soon see the creation and production of
that commodity cease.
--Hugh Prestwood
# # #
---
Music Community's Multi-Pronged Campaign
Is On Track
The music community's multi-pronged campaign to deter the illegal
distribution of copyrighted works online and encourage the continued growth
of the legitimate online services is on track.
GOAL: To foster a business environment where legitimate online music
services can grow and thrive.
Progress Report
fast growing acceptance and recognition that offering substantial amounts
of copyrighted music without the permission is illegal and that these
lawsuits are open-and-shut cases ("Even Fred von Lohmann, an attorney for
the Electronic Frontier Foundation, which has aided in the defense of many
tech companies accused of copyright infringement, said he's hard-pressed to
come up with a defense under current law for someone who copies millions of
files and then makes them available, without permission, to the world via
the Internet." File-Traders in the Crosshairs, CNET News.com, July 15, 2002)
evidence that a deterrence campaign against egregious offenders will
work: recent research by Forrester shows that 68 percent of online youth
would stop downloading if faced with the threat of fines or jail time
(FYI: The U.S. Department of Justice recently announced the first ever
criminal copyright infringement guilty plea for a man who was part of an
Internet piracy group specializing in the distribution of pre-released
music which eventually seeded peer-to-peer services and other distribution
channels).
encouraging signs from independent research analysts such as Nielsen and
NPD group that the deterrence message is beginning to affect people's behavior
evidence collection on public peer-to-peer networks on track and continuing
universities and colleges responding to information subpoenas and
providing identifying information of those who are illegally offering
substantial amounts of copyrighted music on public peer-to-peer networks
virtually every ISP complying with obligations under the law and providing
identifying information of those who are illegally offering substantial
amounts of copyrighted music on public peer-to-peer networks
continued development and expansion of the legitimate online music
marketplace, with reports of additional, exciting new services expected to
be launched in the coming months.
-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
-------------------------------------------------------------------------
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
Declan McCullagh's photographs are at http://www.mccullagh.org/
Like Politech? Make a donation here: http://www.politechbot.com/donate/
-------------------------------------------------------------------------
--
For (un)subscription information, posting guidelines and
links to other related sites please see http://www.digital-copyright.ca
More information about the Discuss
mailing list