by Brian Solis
Source
I’m convinced that this is exactly what the RIAA wants from us. They want us to stop paying for over-priced CDs and start illegally downloading and sharing files with our peers.
Why do I believe this?
Because that’s what they’re driving us to do.
To date, the Recording Industry Association of America has filed more than 20,000 lawsuits mostly against students, parents, and children. When you stop to think about it, their actions have had very little impact on the bigger problem of illegal file downloading, but has had devastating personal and financial effects on the individuals whom the RIAA targets.
Now, the industry is pursuing a new strategy against the war on file sharing. The RIAA has filed a federal case against Jeffrey Howell in Scottsdale, Arizona for keeping 2,000 songs on his personal computer, because get this, the industry maintains that it is also illegal for someone who has “legally” purchased a CD to transfer that music to their computer.
No kidding.
Ira Schwartz, who is representing “the industry,” argues in a brief filed earlier this month, that the MP3 files Howell made are “unauthorized” copies of copyrighted recordings.
The RIAA’s position is clear, “If you make unauthorized copies of copyrighted music recordings, you’re stealing. You’re breaking the law and you could be held legally liable for thousands of dollars in damages.”
You’re also a very, very bad person I guess. Shame on you!
Isn’t the ability to buy a CD and port your music onto your portable MP3 player the only reason you buy CDs nowadays? I can’t remember the last time I carried a portable CD player, nor do I carry my encyclopedia of CDs from car to car just to listen to purchased music.
However if you research a bit more into the subject, the RIAA also softens its bark by saying that while it’s not your right to copy music you purchase, if you don’t give it away or lend it to anyone, it “won’t usually raise concerns.”
Um, yeah. It better not. Because how else are they going to know what I do in the privacy of my home or office.
Uh oh.
I heard a noise. One second.
OMG. It’s the RIAA. They’re here and they want me to stop writing this article and to stop copying the CDs I purchase to my PC so that I can listen to the songs on my iPhone.
OK, of course I’m just kidding, but that’s the ominous presence that they’re instilling in all of us.
As of now, don’t worry. Legal history is on your side. There aren’t any cases on file where previous mediums have proved to be in violation of copyright law when making personal copies.
However, think about it. Retailers still commit an incredibly large chunk of their stores to selling CDs. So, unless I’m mistaken, CDs are still an important revenue generator for the recording business. I’m under the impression that even though people still listen to CDs, millions of consumers are also embracing iPods and other MP3 devices. Yes, iTunes, Amazon, and other services are providing us with legal services to download digital files, but the RIAA is telling us, in a sense, to stop buying CDs if you’re part of the digital revolution.
But where’s the bridge that gets me from here to there?
Why do I still buy them? Well, the CD is technically now my backup file. After I rip it into my digital jukebox, I put the CD away just incase something happens to the file.
However, if the RIAA continues down this path, I can assure you that I will also stop buying full-length CDs and start purchasing only the songs by artists that I seek. I’m sure artists would prefer to sell a complete recording rather than selling individual singles.
More at Engadget, TeleRead and WinExtra.
Update: TechDirt says that the Washington Post got it wrong and that the RIAA is not going after anyone for making personal copies, yet.
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{ 4 comments }
You make a very cogent point here. I still buy CD’s and I purchase music through iTunes. I also download the legally available free samples from LastFM. I prefer having the original CD’s, as you say as back-ups. But If I felt the RIAA would start coming after me for using my computer or iPod I could see where one would be tempted to only buy online through sources that give me permission to have multiple copies on my computers and iPod.
What I don’t understand is why anyone concerned with making money would take a stance that threatens its customer base. That’s not typically a good marketing strategy. Typically manufacturers and service providers strive to find what their customers want and create a product that serves their needs.
Clearly customers want portability, not of a physical object in this case, but of the content. Why not work with that need to develop products or sales strategies that meet the need rather than conflict with the need. Consumers are far more likely to buy from concerns they respect than from companies (or consortiums) they equate with the evil empire.
I wonder how long it will take for them to work with consumers and find a satisfactory solution. This is not, after all, a new problem. We’ve had the ability to record, through reel-to-reel, then cassette, then digital for many many decades. People haved copied their music both to preserve the original source and to share with their friends via mix-tapes and the like.
Now that we’re in an age where commercial radio is no longer a viable way to learn about new music, sharing, through mixed CD’s and other means becomes a key component of music marketing. The ability to download a song or two to sample before buying is one of the few ways we can hear things that aren’t getting radio play.
Viral marketing has been a buzzword for so long that it’s now old hat. Yet the industry fights it, when to embrace it would probably be far more lucrative for everyone.
If the RIAA developed technology for getting demographic data for all those downloads, then they may be able to part with their CD business model.
I love the RIAA. When they first started suing people, I vowed I’d stop buying until they stopped suing. I’ll have to admit, I didn’t love them then, because I expected to be suffering for want of new music. But now I love the RIAA, because I’ve found such an incredible amount of new music by artists I had never heard of and probably never would have, if I hadn’t stopped buying RIAA c***.
I also notice that I’m paying a lot more attention (and $$) to local artists than I would have otherwise.
Thanks RIAA!
Hey Apple, how about hiring some lobbyists?
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