[rumori] pho: RE: Rosen Statement on Napster Decisio (new


From: Don Joyce (djATwebbnet.com)
Date: Tue Feb 13 2001 - 02:30:56 PST


Forwarded by Negativland.

>>>>>This is their promise to you. If you understand and respect their
>desire to continue making that music for you, they will assure you that you
>will still be able to use the most innovative technologies to listen to
>their work.
>
>Is that the kind of promise that means the RIAA's member companies
>officially support a compulsory license for interactive uses or the kind of
>promise that comes with a pat on the back and a hearty "trust us?"
>
>Whitney Broussard, Esq.
>Selverne, Mandelbaum & Mintz, LLP
>whitneyATsmmmusiclaw.com
>212-697-4300
>212-949-0530 fax
>
>
>-----Original Message-----
>From: KarenphoATaol.com [mailto:KarenphoATaol.com]
>Sent: Monday, February 12, 2001 4:23 PM
>To: phoATonehouse.com
>Subject: pho: Rosen Statement on Napster Decision (new)
>
>
>Hilary Rosen Press Conference Statement
>
>ĺ─˙In August of 1999, RIAA contacted the management of a new company called
>Napster. We told them that we thought they had developed an interesting
>technology but that their business model was a violation of our memberĺ─˘s
>copyrights. At the time they had a few thousand users. We suggested that
>they suspend the service and seek licenses in the same manner that all
>businesses that want to use copyrighted material are required to do when
>they
>start up.
>
>ĺ─˙When they did not respond favorably we filed a lawsuit in December 1999.
>
>ĺ─˙We did so because we believed then, and we believe now, that a business
>model built on infringement is not only morally and legally wrong, but it is
>
>also a threat to the development of the legitimate on-line music market.
>Time
>has proven these concerns well founded for many companies.
>
>ĺ─˙Recording companies, their technology partners and many others have been
>working diligently over the last two years to bring a new digital
>marketplace
>to consumers. The choices available to consumers of legitimately licensed
>music are now much, much greater than just a year ago. Music on the
>Internet
>based on a subscription model is around the corner.
>
>ĺ─˙But Napsterĺ─˘s continuing giveaway has threatened not only the
>creators of
>the traditional creative community, but also the innovative businesses of
>new
>online companies. Because no matter how creative you are, or how innovative
>a
>technology or business model you offer, it is tough to compete with free.
>
>ĺ─˙The implications of this case extend far beyond the music industry. The
>software industry has been very supportive of our efforts. Now that our
>colleagues in the book and motion picture communities have begun to offer
>their content online, their futures are at stake, too.
>
>ĺ─˙Since the time that our case has been before the courts, Napster has grown
>from a few thousand users to over 50 million users, some 30% of whom are
>outside of this country.
>
>ĺ─˙American intellectual property is our nationĺ─˘s greatest trade asset.
>We
>cannot stand by idly as our rights and our nationĺ─˘s economic assets are in
>jeopardy or dismissed by those who would negate its value for their own
>enrichment.
>
>ĺ─˙Thatĺ─˘s why todayĺ─˘s decision is so especially important.
>
>ĺ─˙The Courtĺ─˘s decisive and unanimous ruling today is a victory for all
>creators. The 9th Circuit Court affirmed our legal position on every point.
>
>So, now what happens?
>
>ĺ─˙Napster canĺ─˘t and shouldnĺ─˘t have it both ways:
>
>-They originally told the courts that the purpose of their system was to
>promote new artists. But they told their users that they could use their
>service to avoid ever having to wade through unknown artists again.
>
>-Napster told the courts that they didnĺ─˘t have to pay artists or copyright
>owners. But they told the creative community, the press and the congress
>that they wanted to pay artists and copyright owners.
>
>-They told the courts that they could not possibly determine what music was
>authorized and what music was infringing, saying it was technically
>impossible. Yet the deal with Bertelsmann to build an authorized system
>that
>would respect artists and copyright owners; and we know they have been
>meeting with numerous technology companies who can do the job.
>
>ĺ─˙It is time for Napster to stand down and build their business the old
>fashioned way. By seeking permission first.
>
>ĺ─˙The CEO of Napster was quoted today as saying that they would abide by
>whatever the court said. The court has directed Judge Patel to implement a
>feasible injunction. I call on Napster to work productively in that regard
>rather than try and delay the inevitable any further.
>
>ĺ─˙It is time for the marketplace to begin to work properly.
>
>ĺ─˙Finally, let me say to all the users of Napster here and overseas: We know
>you love music; so do we. Our member companies and the artists on whose
>behalf this case was brought work every day to create the most expressive,
>passionate, diverse and exciting music in the world. This is their promise
>to you. If you understand and respect their desire to continue making that
>music for you, they will assure you that you will still be able to use the
>most innovative technologies to listen to their work.
>
>ĺ─˙This may be a turbulent transition but the promise for the future of
>music is great"
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