connecting*the*dots

Just who are these fuckin’ guys anyway?

vnunet.com
RIAA aims to ban CD ripping
by Iain Thomson

The Recording Industry Association of America (RIAA) has reversed its position on CD ripping and now wants the practice outlawed.

In a filing to the US government concerning digital rights management the RIAA and other copyright industry associations said the fact that CD ripping is widespread does not make it legal.

“Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted necessarily establish that the copying is a fair use when the copyright owner withholds that authorization,” the filing stated.

“In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use.”

This is a complete reversal of the RIAA’s previous policy. In last year’s Supreme Court MGM v. Grokster case a representative of the RIAA described ripping a CD and putting it on an iPod as “perfectly lawful”.

“It is no secret that the entertainment ‘oligopolists’ are not happy about space-shifting and format-shifting,” said the Electronic Frontier Foundation in a statement. “But surely ripping your own CDs to your own iPod passes muster.”

Unbelievable. The RIAA is Exhibit A as to why I financially support the EFF. Didn’t we get past this litigious moment in time when we were passing mix tapes between friends in the early 80’s?

Unchanneled, unbundled, uncontrolled music distribution can tremendously benefit three out of the four constituents in the music industry — the fans, artists and labels — if the technology is enabled and monetized properly. Citizen media and file sharing software has already provided the inroads to extrapolating the concept of personal mix tapes by exponential factors, but since the RIAA is a cabal of thug lawyers, knee-deep in the politics of the power structure of the record industry and big business — busy hawking the propaganda of “musicians starving by the thousands” due to copyright infringement — artists are left out of the conversation surrounding their own work.

From the RIAA self-descrption on their About Us page (emphasis mine ):

The Recording Industry Association of America (RIAA) is the trade group that represents the U.S. recording industry. Its mission is to foster a business and legal climate that supports and promotes our members’ creative and financial vitality. Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

In support of this mission, the RIAA works to protect intellectual property rights worldwide and the First Amendment rights of artists; conduct consumer industry and technical research; and monitor and review - - state and federal laws, regulations and policies. The RIAA also certifies Gold®, Platinum®, Multi-Platinum™, and Diamond® sales awards, and recently launched Los Premios De Oro y Platino™, a new award celebrating Latin music sales.

The RIAA are suits providing a perceived value service for a constituency of labels. Innocuous transfers, such as cd-rom to iPod, shouldn’t even be a part of the conversation, but the legal hawks at the RIAA need to keep their battle alive, cash in their hours on the job and make further cases for battles in this war, one that is bound to fail.

Why?

When we reach the tipping point for successfully monetizing a post-modern world — where citizen media receives micro-payments for media views and not click-throughs or micro-purchases instead of bundled viewing through industry channels — this argument will simply become moot. As new technological systems for production and distribution are built, the creative talent inside and out of the development community will begin to leverage the services.

• It’s already happening at myspace.com
• Have you seen what you can do with iLife?
• Hell, even I’m a movie director in my spare time

The evolution of citizen production technologies, along with rich forms of free advertising, networking, marketing and sharing delivered by blogs, will not just simply come to a screeching halt.

And that’s why the RIAA is stepping up their “intelligently designed” game.

I tend to sit on the optimistic side of this battle. Explicit, absolute hierarchy expressed via controlled management will not survive this explosion of technological innovation. It simply can’t. For as much energy and resources it takes to create, manage and govern a structured, old-money universe with closed systems of infrastructure, it takes a fraction of such time, energy and resources to release expression into the newly networked ether.

But these facts won’t stop the lawyers of the world from doing their best from stopping it. Check out this snippet from the bio of one of their leaders:

Mitch Bainwol
Chairman And CEO
Recording Industry Association of America

Mitch Bainwol joined the Recording Industry Association of America (RIAA) as Chairman and CEO in September 2003. As a seasoned policymaker, he is one of the Washington’s most recognized and respected strategists and possesses a unique blend of political, legislative, and communications skills.

The Washington Post recently called Bainwol a “Top D.C. Lobbyist and Man in Demand.” Several years in a row, Capitol Hill’s Roll Call newspaper hailed Bainwol as one of the 50 most influential “politicos” in Washington. He was also named by Entertainment Weekly as one of the most powerful people in show business and Campaigns and Elections magazine named him a “Mover and Shaker.”

[…]

Bainwol is a “recognized and respected strategist” in Washington DC; he’s a lobbyist. Music is reinventing itself from too many directions for him or anyone else representing this controlled system to make it last long-term.

Fuck the RIAA!