Tag Archive for 'Copyright Infringement'

Sony-BMG Uses Pirated Software

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Spotted on: Ars Technica

The major labels are very outspoken about the evils of piracy, and aggressively pursue those who chose to download music and not pay for it. That being the case, there is great ironyin the fact that up to 47% of Sony-BMG’s software is pirated.

Recently, a tech support call for a program called Ideal Migration (a Windows server management tool) was made by a Sony BMG employee, and the product code given was pirated.

The ensuing drama included a seizure of some of Sony-BMG’s assets.  Paul Henry, The CEO of the maker of the software, was quoted as saying “I think piracy is linked to the policy of a company. If the employee has the necessary funding to buy the software he needs, he will. If this is not the case, he will find alternative ways, as the work must be done in one way or another.”

Bottom Line: A company that is using pirated software should not be surprised when their products are pirated.

Artist Turns to BitTorrent when his Music is Pirated by iTunes

Spotted on: TorrentFreak

An interview with the Flashbulb about his recent calamity with iTunes, and putting his album up on BitTorrent. It turns out iTunes is selling his albums without permission, and not paying royalties.

The Flashbulb (Benn Jordan) has been releasing albums for 14 years, the last 5 have included various commercial endeavors. The label deal he has is a 50/50 split, but he hasn’t been seeing the money. Benn says he has no agreement with iTunes to sell his music, and many of his fans have told him they bought his music there. When he investigated the issue further, his label asked him to drop it, and his calls went unreturned.

Here’s a great quote from Benn: “Who’s the pirate I should go after? A kid who downloads my album because it isn’t available in non-DRM format and costs $30 on Amazon? Or a huge multi-billion dollar corporation that has been selling thousands of dollars worth of my music and not even acknowledging it?”

Benn is being labeled in the press as pro-piracy, but his true stand is that people buy what they like. “What I’m promoting is the artist’s freedom to choose what can and can’t be done with his/her music, and more importantly, the listener’s freedom to do what he/she wants with their own computer, MP3 player, or internet connection.”

Benn makes a poignant case that the RIAA has spent so long dictating people’s taste and choices that they are now threatened by the opportunity for people to choose the music they want. He suggests that “music will be judged by it’s content again and will be subjected to it’s own Darwinism.”

Bottom Line: Where are all those billions in album sales really going?

RIAA Pushes Bill to Expand Criminal Penalties for Copyright Infringement

Spotted on ArsTechnica

The RIAA wants to expand copyright law, with the apparent intention of having more technicalities to prosecute.  The new law on the table is for album compilations.  Specifically, having each track count as separate count of infringement.

Goggle’s top copyright lawyer was quoted saying the parties pushing this bill have an “unslakable lust for more and more rights, longer terms of protection, draconian criminal provisions, and civil damages that bear no resemblance to the damages suffered”.

Bottom Line: Fining someone upward of $9,000 for a track with a value of a dollar may not be fair, but lawmakers still seem to align themselves with this kind of enforcement.

The RIAA - Know Your Rights? No, You’re Wrong?

Spotted on: YouTube

Maybe the RIAA wants to end the music business

Spotted on: Recording Industry vs. People

The record industry is at it again, seeking to further limit our use of our catalogs of recorded music. In a current Arizona case, Atlantic vs. Howell, RIAA is now claiming that ripping our own CDs onto our computers for our own use is copyright infringement.

We already have DRM, which limits our enjoyment of music to a platform (iTunes and Windows Media Player are the prime examples of this). This new motion would force us to buy the same song over and over again, to listen to it in our car, on our stereo, on our computer, and on our portable MP3 player.

Is it any wonder that record sales are crashing and burning? Music is not a necessity, and people buy it because they want to enjoy it. The more we are backed into a corner, told that we cannot copy or back up our own music, the greater the backlash toward the record business and the faster album sales slump.

Maybe there’s a totally different angle we’re missing. If the RIAA and the big labels see that their model has failed perhaps all of this litigation is an attempt to squeeze every last penny they can out of us before they collapse under their own weight. All the claims of protecting copyrights and artists may be a sham. The more ridiculous the legal environment about copyright infringement becomes, the more damage is done to artists.

Within five to seven years, there won’t be major labels like there are now, and we will be free to buy the music we want one time and convert it to any format we choose.
However, the resentment that the RIAA is generating toward buying music may be around far longer. Mainstream media outlets tend to only trumpet the loudest voices (in this case the RIAA), and most of the alternative opinions and methods of distributing music are relatively unheard.

Without all of the DRM, root kits, and legal controls of our music catalogs, music will continue to be made and bought. The more restricted our music catalogs become, the less willing we will be to buy it. And who loses is the artist. Musicians make a living off their music. If people are unwilling to buy it, musician will not be viable career. And this backlash hits independent artists even harder. As music loses its value at the mainstream level, it loses it on the underground as well. Artists and labels that do not believe in DRM or controlling the use of their music suffer from the same public opinion that people have toward major labels. The only difference is the major labels positions are available on the newsstand, and to lobby for laws. In fact, indie labels are the second largest entity selling music, and are left with the same restrictions and laws set by the RIAA and the Big Four.

Bottom Line: The continued attempts to regulate music is the biggest source of the current collapse we see in music sales, and the devaluation of music as a commodity.