May 17, 2008

RIAA Sucks It

I've often tried to come up with interesting stories about the failures of the RIAA to understand or cope with the late 20th century, and even acknowledge that we're using a calender in the 21st...

Usually these stories are better told from other news sources or by bands breaking the mold and kicking the old business model of the record industry to the curb. Notables are Radiohead and NIN. I look at CD's as promotional items for concerts, which is where any band worth their salt generates their income. Note how many bands are on tour now, specifically in Europe.

In the meantime, the middle men - the suits in office towers - are hoping to cash in, like the 1960's never ended. The pay-ola scandals, the lopsided royalty checks to artists, the flat out theft of music... In that effort to preserve their glorious past, they have sent their thug lawyers in the RIAA sue their own customers. Now that's a great business plan. Let's sue our customers.

Rather than plan on using future technology, factoring the potential Public Relations disaster, and dismissing the idea of suing your customers is just stupid... they might have considered what would happen if it just didn't work. And that has just happened and the RIAA was just kicked in the nuts.

An Oregon federal magistrate has awarded nearly $108,000 to a single mother who said the recording industry falsely accused her of illegally downloading music.

The money represents Tanya Andersen's attorney fees and costs in successfully fighting a lawsuit filed by the recording industry against her.

The attorney fee award is separate from a national class action lawsuit Andersen filed against the recording industry last year.

Andersen's legal battle with the Recording Industry Association of America has gained national attention as a case of David vs. Goliath. Her suit accuses the industry of a waging a "campaign of threat and intimidation" against her and others who have never illegally downloaded music.

"While we respectfully disagree with the magistrate judge's decision to award extraneous fees -- including on counterclaims that the defendant herself brought and dropped -- it is important to note this decision is only a recommendation and falls significantly short of defendant's requests. We will likely file an objection in short order," said Cara Duckworth director of communications for the Recording Industry Association of America.

The recording industry has taken legal steps against thousands of people suspected of illegally downloading music since 2003.

The industry sued Andersen in 2005, but dropped the case last year after failing to turn up evidence that she illegally downloaded music.

Good work.

For the record (ugh) I don't advocate stealing music. However, since the RIAA will never argue that their biggest customer - The US Library system - enables music theft, they should have a giant cup of STFU, sit down, and take a Community College Course on how digital music distribution and iPods work. Because until the music industry stops selling CD's to libraries - in my useless opinion - they really don't have a leg to stand on.

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