The RIAA submitted this letter in response to public requests for comment on the ACTA. The RIAA provides a detailed prescription of what it needs in order to ensure that its intellectual property rights are not infringed anywhere in the world. This includes recommendations for the definition of “piracy,” and which infringement cases should be prosecuted. It also sets out specific requirements for law enforcement and monitoring officials to follow. The RIAA expresses its strong supports for the dialogue the ACTA has provoked and expresses its wish that all of its arguments be taken into account when formulating its final version.
The RIAA provides by far the clearest and most non-negotiable opinion. It explicitly states that all acts of piracy, commercial or non-commercial, should be prosecuted and the strictest laws should be applied. It seems that the RIAA has already created its own legal framework that advances the industry’s ambitions and protects its interests efficiently. The Association is merely looking for a conduit of its legal system and does not intend to negotiate with any party. It also disregards the motives of user worldwide to seek and use illegal materials online. The RIAA does directly address the links between piracy and organized crime, which shows that it recognizes some of the ramifications of copyright infringement that affect areas completely exterior to music. While the Association’s stance should not be ignored, its positions should be considered alongside economic and empirical evidence (like the one provided by the IIPA). Additionally, the confidence and severity of the RIAA’s opinion should caution all countries that the U.S. organization is a powerful player and can include the international arena in its jurisdiction if its demands are completely met by any multinational agreement.
tagged acta copyright counterfeit infringement piracy riaa by nikolovb ...and 1 other person ...on 25-NOV-08
This blog entry contains much of the same information as the other article on Russia and its music download website www.allofmp3.com. It discusses how the website was symbolically closed and the RIAA dropped it suit against the site for that reason. This allowed the United States and Russia to sign bilateral accords since technically Russia had achieved one of the requirements for strengthening its ties with the West. At the same time, a couple other similar illegal music download online stores continued to operate and were completely their existence was completely ignored by the RIAA and the bilateral negotiations.
The blog entry does contain one piece of crucial information – the author comments on how he enjoyed his customer experience using allofmp3.com. This raises an issue that is important in my argument: the view of those who use illegal sites to download music. The blog author’s opinion hints to the fact there is no legal website of the same scope and quality as allofmp3.com. Therefore, we can’t expect eastern Europeans to abstain from illegal downloading if the illegal choice is more accessible than the legal one. Also, if the international community insists on infringing countries to crack down on illegal websites and materials, the multinational group should also offer an alternative to infringing sites. Perhaps, the RIAA could have negotiated a deal where it insured that allofmp3.com does pay the necessary licensing fees and becomes legitimate in the eyes of the western countries. It is absurd that the RIAA expects Russians to stop downloading music illegally if these listeners have no legal way to obtain music online.
This article discusses the closing of www.allofmp3.com - a major Russian music download website, which was considered a significant copyright infringer by western countries. Users could buy songs from the website and the owners claimed that they paid royalties and license fees for the songs and therefore the owners argue that the site was legitimate in accordance with the law of the Russia Federation. Western music companies, however, assert that they do not receive any of these fees. This issue is important for a political reason: the presidents of Russia and the U.S. were meeting at the same time and the article speculates that Russia was trying to improve its relations with the West.
This source is important for my research because it shows the link between piracy and international politics. Perhaps a way of dealing with countries where piracy is rampant is to tie their success enforcing intellectual property rights to the amicability of their relations with the West. The outcome of this scheme will depend on the country’s size and particular international standing and needs. As this article shows, the closing of www.allofmp3.com was merely a symbolic gesture since a nearly identical site opened up soon after but at a different address. It is also evident that there are domestic inconsistencies when it comes to applying copyright and license laws. For example, even though allofmp3 claims to have paid the necessary licensing fees, the Russian Multimedia and Internet Society says that it has not received these payments for months. This hints that piracy is not just a copyright and intellectual property issue, but that it has links to more lucrative domestic crime operations. Because of the vague wording of the ACTA, it is not clear how this agreement will affect similar situations.
This essay describes what an MP3 blog is, and how record labels want to capitalize on the promotion that they provide while fighting file sharing at the same time. The essay discusses the types of copyright infringement and fair use and how they apply to MP3 blogs, as well as the factors that cause the court to view MP3 blogs more favorably than peer-to-peer networks. It discusses law suits against Napster and also by the RIAA against peer-to-peer users. The article explains what establishes liability for infringing use, and the different expansions of the Copyright Act which have been brought by copyright owners in addressing new technologies. It then discusses some of these acts and gives some examples of violators. The next section explains the defense used when copyright owners bring suits, which is fair use, and it lists and describes the four factors in deciding fair use on a case by case basis.
This essay incorporates basically every aspect of my research into why copyright holders are willing to waive certain copyright in cases such as MP3 blogs, while they continue to fight against much of new technology such as peer-to-peer services. It describes what MP3 blogs are and how they are used and different sites that can link to the unauthorized music. It shows what the copyright holder needs to look for in order to bring a suit against infringing users, and also explains how the user of the work can try to use fair use as a defense.
tagged DMCA RIAA blog blog_ethics copyright digital_rights download fair_use indie internet mp3 music napster p2p peer_to_peer piracy record_label technology by jcotter ...on 28-NOV-06
This article is written by Cary Sherman, president of the RIAA as a response to a speech by Consumer Electronics CEO Gary Shapiro in which Shapiro stated that downloading off the Web is neither illegal nor immoral. Sherman says that statement is wrong and misleading. Shapiro says that legal downloading from record companies and legitimate online music companies is fine but there is a problem with unauthorized downloading of copyrighted material, and sites Title 17 of the United States Code. Sherman writes that the fair use argument employed by Shapiro makes falsely seem as if copyright owners are against fair use, and that the fair use claim is unsupported when it comes to unauthorized use. Sherman argues against Shapiro's claim that downloading is different from taking a tangible property by writing that both owners have been deprived of something of value. Sherman refutes Shapiro's use of the first amendment and also says that companies are in fact aggressively pursuing a more flexible business model that does take advantage of new technology. Shapiro writes that the industry using technology and the internet is beside the point and that the real issue in what Shapiro is saying is that "digital stealing isn't really stealing" and the last thing we need is more polarizing rhetoric.
For my research on why copyright holders are willing to waive copyright in some instances such as MP3 blogs because the new technology has benefits in promotion, this article is a firm example of the view from the record labels about copyright law and internet uses. It is written by the president of the RIAA, Cary Sherman and gives an argument in favor of strong copyright law, and a rebuttal to a speech by the Consumer Electronics CEO Gary Shapiro in favor of weaker copyright law. It provides the viewpoint of the music industry about downloading, but it is interesting in that it does not mention anything about record companies such as Warner who at times chose to solicit certain independent blogs and will send the bloggers music with the hope that the blog will help promote the record label's artist for free.
tagged DMCA RIAA blog blog_ethics copyright digital_rights download indie internet mp3 music p2p piracy record_label technology by jcotter ...on 28-NOV-06


