Sony Plays Both Sides in Grokster Case
by George Ziemann
1 Mar 05 -- For everyone who has lived under
a rock for the last five years, the recording and movie industries
are trying to shut down peer-to-peer file trading, despite the
reality that it is exactly how the entire Internet works. The
two lobbying groups which represent these industries are the
RIAA (Recording Industry Ass. of America) and the MPAA (Motion
Picture Ass. of America). Verbal arguments are scheduled for
March 29 and amicus (friend of the court) briefs have appeared
from numerous sources whose relevance to the case is slim at
best.
Grokster, Morpheus and StreamCast
are the defendants, but only because Kazaa is on some island
in the Pacific and is apparently as immune from US prosecution
as are the RIAA labels themselves.
Let's take a quick look at
the major players and the core arguments they have presented
so far:
Against Grokster
RIAA -- Sales are down. The pirates are stealing
our stuff. Mitch Bainwol, RIAA chairman, says "the industry
understands its future is intertwined with the technology sector"
and they'd like everyone to stop and wait while they figure it
out.
MPAA -- They're stealing our stuff. Sales? Well,
uh, two record years in a row. Or was it three? But never mind
that. The pirates are stealing our stuff.
Napster Inc., MusicNet and
CinemaNow -- They're
not buying our crappy, compressed, overpriced stuff. Damn pirates.
NFL and NBA -- Worried that people might surreptitiously
watch the games, despite the fact that at any one moment there
are probably 20 sports channels broadcasting some kind of game.
The NHL decided to abstain because they'll just be happy if people
remember them the next time they have a season.
Federal government -- Argues that while file-sharing
technology has legitimate uses, they're pretty sure that this
isn't it.
Christian Coalition and attorneys general for 39 states
and Guam -- This group has the misplaced notion that shutting
down peer-to-peer will somehow have an impact on pornography.
To further this cause, they have sided with Hollywood, who is
producing most of it. This prompted former RIAA head inquisitor
Hilary Rosen to comment,
"There is a bizarre but cool irony to the conservatives
who hate the media we produce but defend to the death our right
to make money when we produce it."
Recording Artists -- Don Henley, Avril Lavigne, Dixie
Chicks and Sheryl Crow (among others) are pretty sure everyone
is stealing their stuff.
Supporting Grokster
Recording Artists -- Steve Winwood, Janis Ian, Chuck
D., Heart and Jason Mraz weighed
in to offer a more logical and rational artist point of view.
"Musicians are not universally
united in opposition to peer-to-peer file sharing" as the
major records companies claim, according to a draft of the group's
court filing. "To the contrary, many musicians find peer-to-peer
technology... allows them easily to reach a worldwide online
audience. And to many musicians, the benefits of this strongly
outweigh the risks of copyright infringement."
Before online file sharing,
"distribution of recordings to retailers was controlled
largely by a few large national record companies and by several
'independent' labels. Young people aspiring to be musicians faced
daunting odds of ever being signed by a record label."
Jason Mraz said half of the
fans who pay to see him in concert heard about him through illegal
downloading. Meanwhile, file sharing gives accomplished artists,
such as Janis Ian, a chance to control distribution of their
work that might no longer be deemed worthy of commercial promotion
and sales.
SBC Communications Inc.
and Verizon Communications Inc.
-- "This case is simply the latest in a long string of instances
in which copyright owners, frightened by a new technological
development" seek to place restrictions on electronic devices,
Internet access services, and even on personal computers to try
to prevent piracy. The entertainment industry can properly continue
to sue individual file-swappers who break the law. One at a time.
Computer & Communications
Industry Association
-- Questions whether the industry should have control over "the
vast majority of communications and technology today."
EFF (Electronic Frontier Foundation) -- Representing
Streamcast. Contends that p2p companies are protected by the
BetaMax decision, which ruled VCRs presented substantial non-infringing
uses.
Everyone Else (other file-sharing firms, major telecommunications
companies, electronics makers, and coalitions of computer scientists,
inventors, consumer and digital-rights advocacy groups) -- While
not all are in support of Grokster, per se, they acknowledge
that this case threatens innovation and technological advancement.
And Then There is Sony
A couple of paragraphs from
the Washington Post story (linked above):
The Consumer Electronics Association,
which represents upward of 1,700 technology companies, including
Sony Corp., Intel Corp., TiVo Inc., is also planning a brief
in support of Grokster and StreamCast.
The companies fear a ruling
against the file-sharing services would leave them susceptible
to lawsuits if they develop devices or technologies not approved
by the entertainment industry.
They point to a long history
of copyright holders trying to quash new distribution models
or products, going back to the player piano and including the
VCR, MP3 player and digital video recording pioneer ReplayTV.
This case is officially titled
MGM v Grokster. Sony owns MGM, but is supporting Grokster.
Figure that one out. If you
can. I sure couldn't.
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