...content owners [could] bypass cops, courts, and any semblance of due process.
Weve had success shutting down domestic sources of mass copyright theft such asLimeWireand Kazaa, but new threats in the form of unauthorized overseas downloading hubs are growing in their place, serving as thenew go-to destinationsfor stealing content. These sites may not be the only reason, but theres no doubt they are among the major culprits behind the music industrys$7 billiondecline in revenues during the last decade, resulting in 15,000 layoffs andfewer resourcesto invest in new bands.
Lets start with that premise, which I hope we could all agree on.
&149; Licensed music services grew to more than 400 in 2009, from less than 50 in 2003
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There is a place for passionate, vigorous debate over rogue-Web-sites legislation pending in the House (the Stop Online Piracy Act) and Senate (Protect IP Act). We welcome it. Facts are always useful, and especially in this instance.
Cary ShermanCary Sherman is chairman and CEO of the Recording Industry Association of America (RIAA), the organization representing the nations major music labels. Sherman joined the RIAA as general counsel in 1997. In 2001, he became president, serving in that capacity until 2011, when he was elevated to chairman and CEO.
Editors note: This is a guest column. It is a rebuttal to an October 31 column written byMolly Wood, a CNET editor.
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&149; Legal digital music market grew from less than $200 million in 2004 to more than $3 billion in 2010
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But surely there is a place for reasoned conversation, for rational discourse, for genuine efforts to understand each other. Ive spent most of my career in this business trying to find and forge a consensus on challenging issues. Ive never been more confident that the future of the technology and entertainment industries is intertwined. Our successes depend on each other.
Is this more hyperbole about the House or Senate legislation on rogue Web sites? Nope. These are the predictions made by venture capitalists in 2005, in advance of the Supreme Courts unanimous decision in theMGM v. Grokster case. Sounds ominous: a vorable decision for copyright owners would end the Internet as we know it. But look at what actually happened?
Calling creators of content evil, which CNETs Molly Wood did last week -- seeU.S. government also a villain in piracy act story-- does not advance any meaningful conversation or understanding of legislative proposals before the Congress. Wood chooses to believe what she wants to believe but it does not comport with the cts. Here are just a few examples:
Technically Incorrect
Geek Gestalt
Accordingly, we should all strive to understand the plight and standing of each other: from the brilliant fresh-out-of-school engineer with a vision of a cool, new start-up, to the aspiring songwriter who labors mightily to find just the right lyrics that will someday inspire us all. Both are worthy endeavors, both deserve to be protected. Both deserve a debate that befits equally important communities.
...would compound the technical, financial, and legal risks that emerging technology companies already ce, thus stifling innovation, causing disastrous consequences for those companies, and ultimately damaging the public interest.
Cutting Edge
MegaUpload founder: Police punched and kicked meThe MegaUpload founder, who wants to be freed on bail, said during a court hearing today that he is the victim of the biggest disregard of basic rights in internet history.
It is ironic sometimes that we are ulted for protecting our rights. Yet technology companies like Apple are among the most litigious defenders of their intellectual property patent rights. I suspect that regardless of what we do, some critics, like Ms. Wood, will attack us.
Apple Talk
To state the obvious: we think the robust activity in the digital music space is a great thing. We want venture capital to invest in new digital music start-ups. For the first time ever, by the time the books close on 2011, the music buscareer technical school RIAA chief: Copyright bills wont kill the Internetiness will earn more than half of its revenues from online sources. Music companies have fully embraced a digital future and are partnering with a breathtaking array of different technology companies to distribute music to the public in countless ways. This is not only our future; it is our present. Why would we want to undermine that? Rather, we want to stimulate further legitimate online growth by sure that thieves operating offshore cant tilt the playing field against legal services.
career technical school RIAA chief: Copyright bills wont kill the Internet,Lets all take a deep breath.
...would have a devastating impact on the development of legitimate and valuable new products and services for consumers.
Thats what we do every time we read another headline about how initiatives designed to protect intellectual property are going to kill the Internet.
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We obviously support the proposed legislation. There may be different ways to craft a sensible bill. Regardless, it should be unacceptable to any of us involved in legitimate commerce online that a rogue Web site based outside of the United States -- but hawking U.S. products or copyrighted works -- can currently escape U.S. laws. Thats not an issue that a better business model could alleviate. Its Web sites brazenly posing as legitimate commercial entities for the sole purpose of duping consumers, often in countries with lax copyright regimes like the Ukraine or China.
Deep Tech
Apple Talk
The Web is now the place to go for news and entertainment. Look here for the latest on blogs, music, video, virtual worlds, social networking, and more.
Our response to that is the House bill requires stakeholder victims to follow a strict set of rules when notifying payment processors or ad networks that are funding the rogue site. The property owner must identify the specific cts to support the claim that the site is dedicated to the theft of U.S. property as defined in the bill. These definitions are based word-for-word on Supreme Court holdings and the DMCA. The property owner must clearly show, as they would under existing federal civil procedure rules, that immediate and irreparable injury, loss or damage will result in the absence of timely action. Finally, misrepresentation of these claims can result in damages, including costs and attorneys fees.
Entire domains can be blocked based on a single link on a single page of a site.
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The irony here is that the House bill was an attempt to respond to issues raised so r by the technology and venture capital community. The House Judiciary IP Subcommittee Chairman said as much last week. At some point, this begins to feel like a game of continually moving goalposts, with the real objective simply obstructionism. Want further proof? Consider these damcareer technical schoolning accusations:
Secondly, the answer simply cant be to do nothing. Throwing up our hands or saying we care about copyright theft but will offer no constructive ideas is not an acceptable outcome or answer. Rogue Web sites are a legitimate, well-documented problem. Just ask LA filmmakerEllen SeidlerorIllinois songwriter Marc Beeson. Or John Cranfield, a sound engineer in Los Angeles, orColleen Doran, a comic book author and illustrator. Or any one of the thousands of regular, working-class folks from the entertainment community who have pleaded with Congress to act.
RIAA CEO Cary Sherman
Facebook goes quiet, comes alive againMultiple reports of slow loading and even no loading suggest that Facebook is experiencing problems. What might it be?
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...will reduce innovation and investment in the Internet and, perversely, hamper the most robust forum for the dissemination of copyrighted works.
The truth is the bill affords even more legal safeguards to overseas-based sites than the constitutional process in place under current law for domestic sites. It places considerable burdens on potential enforcement, and includes specific parameters to determine whether a site qualifies as one dedicated to the theft of U.S. property and stipulates necessary steps to be undertaken before any taking action to block access or funding. Further, in adding an additional notice and counter-notice step before any private action court filing, the bill goes out of its way to provide extra due process protections that are modeled on the DMCA and the federal rules of civil procedure.Rights-holder can require a payment processor or ad network to stop doing business with the accused site with zero legal proof of infringement...or legal recourse.
Media Maverick
The Car Tech blog
It is ironic sometimes that we are ulted for protecting our rights. Yet technology companies like Apple are among the most litigious defenders of their intellectual property.
&149;Venture capital investment grew for Media and Entertainment to 7.1% of total VC dollars (from just 4.6% in the four years prior to Grokster). Nearly $440 million has reportedly been invested in music companies in 2011 so r.
Actually, its quite the opposite. By focusing on specific sites rather than entire domains, action can be targeted against only the illegal subdomain or Internet protocol address rather than taking action against the entire domain. Importantly, the bill allows ISPs to determine the best way to target foreign rogue sites. It does not mandate a particular technology and is flexible to assure ISPs can maintain security and the integrity of their systems. Cutting off funding or access to only the illegal part of the site while leaving the rest of the site intact promotes legitimate expression.
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Both the House and Senate have proposed bipartisan bills to help address this growing form of digital theft. All of us -- allies, critics, would-be allies -- should take the time to read the bills. Understand the provisions and authors intent. No bill is perfect and, no doubt, improvements can be made. We stand ready to work with anyone who wants to improve the bill.