Too many entertainment lawyers with big life style bills to pay for this
kind of common sense to ever prevail. Also, patience while doing nothing,
which would solve 90% of these problems itself, is NOT a virtue in
capitalism. Dynamic blindness is obviously preferred. If you come up with
anything new and unexpected (to the blind, everything is unexpected)
they'll bump into you, knock you down, walk right over you, and punch their
cane in your gut as thy pass. They can't understand why you are there when
you weren't there the last time they passed, and YOU are expected to say
"I'm sorry for being here."
>I received this in my email.
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> for <leflawATleflaw.com>; Thu, 3 May 2001 23:31:39 -0400
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> Thu, 3 May 2001 23:30:13 -0400 (EDT)
>Date: Thu, 3 May 2001 23:30:13 EDT
>Subject: Music and the internet
>To: legalATbmi.com, prATbmi.com, recordcosATlabels.napster.com,
> kyleighATrohan.sdsu.edu, weblicenseATascap.com, hrosenATriaa.com,
> cshermanATriaa.com, leflawATleflaw.com
>CC: hankATnapster.com, shawnATnapster.com
>Content-Type: text/plain; charset="US-ASCII"
>X-Mailer: AOL 5.0 for Windows sub 139
>I am concerned by the way the Napster case is going. I think it illustrates
>the nature of the industry and the continuing advance of technlogy. I feel
>that while artists should be paid, the public should have easy access to
>music and the arts. The arts should be able to be enjoyed everyone, rich
>or poor. I work for an eduational insitution that is helping the schools in
>an inner-city community. I find it sad how poor some of the people are, and
>that some kids may never be able to experience the arts. With the high price
>of CDs and concerts, it seems like a lot of people get left out.
>In history, the entertainment industry has always been afraid of new
>technlogies. They thought they would put current ones out of business, but
>instead they have brought the entertainment industry more business. For
>example, the tape recorder sold more music. TV was thought to make the
>movies go out of business. Instead, the TV industry rented studios to make
>their own programming, and make a second use of the previous years movies.
>The VCR did not put theatres out of business, instead brought the movie
>companies more revenue from video rentals. The internet brings a lot of
>promotional opportunity for music and movies. I think that all companies,
>large and small, artists of all styles, and the consumer can use the
>opportunity to its maximum and allow the entire world access to music.
>Technlogies such as streaming music, peer-to-peer sharing, downloading music,
>and the like are wonderful. It allows the consumer to try out music
>before we buy it, and allows us to purchase music on the net as well.
>Even more technlogies will come along as time progresses. Internet Radio
>allows you to have a better selection of music than tradtional radio, and
>hear your favorite stations worldwide. The sound quality is not as good,
>but will improve as internet bandwidth increases. Companies such as Napster,
>Scour, MP3.com, Liquid Audio, Realnetworks and others are leading this
>revolution. Even the open-source community is getting invloved with
>technlogies such as Freenet, Gnutella, Opennap, and others.
>Artists have their own opinions on this revolution and their own views on
>these emerging technlogies and the way things are going. For example, take
>peer-to-peer sharing over Napster, Gnutella, and the like. U2 and Limp
>Bizkit are all for sharing of their music, while Metallica and Dr Dre are
>totally against it. In some cases, some artists do not mind if their music
>is freely available like Dave Matthews Band allowing taping of their
>concerts, and people can share the tapes of their concerts for non-commercial
>purposes. Others are using full length tracks for promotion on websites.
>For example, Faith Hill gave away three full-length songs on MP3.com, and
>Creed gave away some free full-length Liquid Audio tracks on their website.
>TVT Records allows you to download any track in their catalog and be able to
>play it for 30 days.
>What I would like the music industry to do, is come up with a system that
>treats artists fairly, allows new technlogies to advance without
>multi-million dollar lawsuits, allows easy licensing of music, and for labels
>to respect artists opinions on new technlogy. I think this could be
>accomplished by doing the following:
>1) Allow new technlogies and companies to enter the business and prove
>themselves. For example, if someone invents a new music technlogy, allow
>it to prevail without a lawsuit. Treat new technlogy as a good thing for
>the industy, not a threat to the industry even if it seems like an inital
>threat. In history, they thought many technlogies would hurt the industry,
>but many of them brought the industry new revenue sources.
>2) Treat Artists fairly. Give them at least 50% of the profit revenue from
>their music. After all, they created the masterpiece, shouldn't they seek
>the reward from it. Also, respect their opinions on new technlogies.
>For example, if they do not want their songs blocked from Napster, the label
>should not block them. Also, the labels should return the copyrights to
>the artists when the record label contracts expire, or the artists should own
>3) Give consumers and artists choice. They should be able to choose from
>many technoliges, musical styles, companies, labels, online services, and
>price structures in terms of the musical products and services that are
>offfered to the public. The industry should allow a range of companies to
>offer music to the public from small companies to large corporations. We
>should not be limited to label-owned music.
>4) It should be easy for new companies to license music. The license fees
>should be reasonable for new technlogies that are invented. I also suggest
>giving new start-ups a year before license fees are required, to build a
>business model and allow new technlogies to mature. This would help small
>companies get into the business.
>5) License fees for music should be done by an indepedent agency or directly
>with the artist/songwriters. The company doing the licensing should be
>publicly audited to insure that the artists/songwriters/record labels get
>paid the proper amounts. Also, the fees should affordable and negotiable
>for new technlogies. For example, it should be easy to get a license for
>peer-to-peer sharing. If an independent agency is used, is should NOT be
>owned or operated by the RIAA, any record company, or any artist.
>6) The open-source community should NOT be excluded from music access. They
>beleive in "copyleft", not copyright. Copyleft is a philopshy "where anyone
>can create, use, sell, and change a work, as long as the person that recieves
>it gets the same rights. Some of their works include sharing systems,
>decentralized peer-to-peer networks, and other technlogies. These
>technlogies allow music to heard by people who cannot afford it. There
>will always be some copyright infringment/piracy out there, and this may be
>the place where it takes place.
>Even the open-source community is coming up with ways to reward artists.
>Projects like Fairshare and Fairtunes allow the artists to be rewarded
>voultarilly without copyright. After all, "shareware" and PBS are funded
>similarly. People will probably be willing to donate to artists they
>love for creating great music. Maybe this is not piracy after all.
>I hope you read this letter, and consider these issues. If you would like
>to reply to me, you can do so at:
>Computer Science student and Napster/Gnutella User
>San Diego State University
>Content-Type: text/x-vcard; charset=us-ascii;
>Content-Description: Card for leflaw
>Attachment converted: FRIDAY:leflaw.vcf 3 (TEXT/ttxt) (0002576A)
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