The RIAA Wins the Battle but Not the War

Here's one story that you can't escape. The Supreme Court finally ruled on MGM v. Grokster, and if you didn't already know, they decided unanimously that file-sharing services can be held liable if they are created with the intent of sharing illegal media files. The 55-page ruling goes into great detail about what file-sharing services can and cannot do in the future. As one might expect, the ruling has caused all sorts of predictions and opinions for what will happen to music and technology.

Of course there are the doomsayers. The Electronic Frontier Foundation focuses heavily on the idea that this is just the beginning of the expensive lawsuits and that all this time spent in court will negatively affect the growth of new technology. While this is obviously not the last lawsuit to come out of this, as we all know, the RIAA just loves to sue people, it should be noted that this may not necessarily be accurate. This opinion is merely speculation. Tom's Hardware Guide and BBC News have a similar outlook.

Wilco's Jeff Tweedy, personal spokesman for pretty much everything involving internet file-sharing, said, It is sad that conservatives and liberals in the Supreme Court can hold hands and agree unanimously on a decision so squarely on the side of big business and so damaging to the side of culture." Singer-songwriter Janis Ian also makes a very interesting observation: "I don't understand how they can hold a software company responsible for the misuses of their software and not hold gunmakers responsible for the misuses of their products."

As you might expect, a lot of people are thrilled by the decision. Rapper Jay-Z said, "This is a great victory for artists, songwriters and all of those who make their living through the creative process." I imagine the same response came from the higher-ups in the RIAA and the members of Metallica, who helped start this whole thing with Napster God knows how long ago.

Of course, as in any other case, there are winners and losers. CNet lists Napster, RealNetworks, and Apple, who have all created subscription services for downloading music, as winners while MP3-only players are losers. You might as well just add the RIAA to that list of winners.

But if I were the RIAA, I wouldn't start popping the cork just yet. On the surface, the decision appears to have crushed internet file-sharing, but reading the ruling with that in mind could be potentially misleading. According to eWeek, while Grokster was pretty much demolished by the decision, the consequential ruling gives a detailed framework for legal peer-to-peer networks -- a framework which, if followed to the letter, could potentially keep file-sharing software creators out of hot water.

Tiny Mix Tapes goes further, reminding us that, as always, file-sharing programs "will always reinvent themselves." Besides that, although the legal battle is certainly favoring those looking to end illegal music downloading, this ruling will likely have no impact on the number of people who practice piracy. It may be a win for the RIAA in the books, but it certainly hasn't won over anyone. If anything, it's probably only hurt the RIAA's appearance. If I were on its PR team, I think I'd be quitting by now. By getting all the artists on its side, it's pretty much forgetting all of the music fans. In fact, I would go as far as to say that all of the artists who were part of this have also forgotten their fans. You can't expect people to like you when you throw lawsuits in their faces.

So here's where I throw in my own opinion, since you know I love to voice it. The fact of the matter is the same it has always been. There are no winners. File-sharing will have a lot more difficulty functioning in the future, especially the free ones, where pretty much all of the illegal downloading occurs. If they don't promote illegal downloading, that's only half of the battle, because it will be hard to prove that they don't know people are using their service illegally. But like I said, this is only a logistic win for the RIAA. It hasn't won over the public and it certainly hasn't won over even all the musicians out there.

Yes, things will change, and yes technology will suffer somewhat, but I think the RIAA has totally missed the point. I've said it before, and I'll say it again. There will be other Groksters. There will be other people to sue, and by the time they've been sued, technology will have long since advanced, a whole new generation of programs and servers and networks to investigate and sue. This is no win for the RIAA. This is another useless effort in a battle it has been losing since way before Napster. I would like to know how the RIAA thinks it's getting anywhere, because I can't honestly see what good this is doing. It's making so many "strides" toward the end of illegal downloading, but none of these have produced results. Its valiant crusade to get rid of peer-to-peer networks has failed miserably.

What should the RIAA do? Gosh, it's so easy. Fighting new technology will get it nowhere. If it continue at this pace, it will be suing out-dated programs while piracy continues to flourish. Rather than fighting the change, it should embrace it. It should find a common ground. iTunes isn't enough. Neither is the new Napster or RealNetworks. Who would spend a dollar a song to fill his or her iPod that holds 10,000 songs? You can't tell me that these bigger iPods are being used legally. The RIAA needs to work with people from the various services to create a cheap, legal service that people will actually use. The days of the $20 CD are over now. Wouldn't it be beneficial for the RIAA to come up with something cheap enough that people will actually abandon piracy? I envision a service charging minimal prices with the widest selection of music found anywhere. If that could be put together, and if the RIAA were to be a part of it, it would cut its losses and gain a lot more respect from people. Instead of fighting the change, it needs to be the change.

Is it ever going to happen? I doubt it. The RIAA is by far too focused on destroying file-sharing programs to actually consider starting one itself. It would also take a lot of work to create something so vast, and the money to fund that takes away from the budget needed to fund all the lawsuits. It's impossible to stop the freight train the RIAA has started. It's going to keep fighting a losing battle because it can't see clearly to change its strategy. It's sad, really, because a lot of good could come out of the situation if people would just take a look at the big picture and realize that this isn't about stopping something as much as it is changing the way you do things to include it.

But whatever.

In other news...

At least someone out there has had the bright idea of embracing new technology. The latest version of iTunes includes new features for podcasting.

Has Liam Gallagher set the record for the most f-bombs in one minute yet? If not, I really think he should. Apparently he thinks Oasis should have the record for being the loudest band, as well, but they can't beat out Manowar. The exchange between Gallagher and bassist Andy Bell is classic:

"Who are they anyway?" Bell asks. "Heavy metal?"

"F*** Manowar," interjects Gallagher decisively.

There's a pause as Liam's insult sinks in. Then Bell replies dryly, "That was a good point anyway. A bit blunt of you, but well made."

Anyway, the news is that Gallagher admits that he would have liked to do Live 8, which he unfortunately can't do due to scheduling conflicts, but he would have loved to annoy his foe Robbie Williams. Also, the members of Oasis consider Rivers Cuomo the musical epidomy of Yoda. If that's the case, he's totally lost the force.

Didn't Kings of Leon just come out with an album? Yes, I believe they did, but they are indeed very hard at work at their next album. The band also speculates it will tour through college towns in the fall.

A beautiful interview with the Williams brothers Jez and Andy from Doves over at Pitchfork.

Tinnitus is the ringing you hear in your ears after a loud concert. I had no idea. Thanks to the Rock Snob's dictionary, Snobsite.

The new Daft Punk video freaks me out.

With Independence Day weekend coming up, you might be in the market for some new music to listen to on your road trips to grandma's house. Here are a few selections that were released today:
Fountains of Wayne - Out-of-State Plates
Starflyer 59 - Gold
Starflyer 59 - Silver

Let me just urge you to please consider purchasing the new compilation from Solid PR. The double-disc set includes songs from The Unicorns, I Am The World Trade Center, and some 32 other artists. Why should you buy it? The purpose is the raise awareness and money for Multiple Sclerosis. You probably don't know this, but my mom has MS and she's nearly incapacitated by it. My mom used to be an incredibly active woman, but now she has extremely limited mobility due to this awful disorder. Money needs to be spent to find a cure. It's out there, and every year we get closer to it. Please contribute just a little to this cause. The album comes out on July 12.

Upcoming Columbus Shows

7.07 - Reel Big Fish - Newport Music Hall
7.14 - Blowfly - Little Brothers
7.16 - Pete Yorn - Newport Music Hall
7.19 - Dressy Bessy - Little Brothers
7.20 - Howie Day - Promowest Pavilion
7.20 - Luna Halo w/ Modena Vox - Skully's Music Diner
7.22 - Tegan and Sara - Newport Music Hall
8.11 - Ben Folds w/ Ben Lee and Rufus Wainwright - Promowest Pavilion
8.20 - Pretty Girls Make Graves - Little Brothers
8.23 - Thunderbirds Are Now! - Little Brothers
8.30 - Xiu Xiu w/ Das Yellow Swans and Nedelle - Little Brothers
8.31 - Coldplay w/ Rilo Kiley - Germain Ampitheater
9.06 - Of Montreal w/ The Management - TBA
9.10 - The White Stripes w/ The Greenhornes - Ohio State Theater
9.14 - Sufjan Stevens - Southgate House (Newport, KY)
9.24 - The Rolling Stones w/ Beck - Germain Ampitheater

Daily Downloads
from the regnyouth archives
Today, I'm going with a "the" theme...

The Beatles - A Hard Day's Night
The Beatles - Introducing The Beatles
The Shins - Chutes Too Narrow
The Cure - Boys Don't Cry