Bullshit from a PRO By George Ziemann -- July 19, 2005 Every once in a while, someone has to send me something to make me remember how completely and utterly clueless they really are. Today's dumbass is Marilyn Bergman, ASCAP's sad excuse for an evil overlord, who sent the following missive. A Special Message from ASCAP President Marilyn Bergman Since its establishment in 1914, ASCAP has always fought for the rights of music creators. That fight continued with our involvement in the Grokster peer-to-peer case, and we are extremely pleased with the U.S. Supreme Court's unanimous decision against Grokster for encouragement of copyright infringement of music. It sends a clear message that peer-to-peer enterprises like Grokster cannot use the intellectual property of songwriters, composers and other copyright owners as start-up capital for their businesses. The peer-to-peer business model relies on the use of our music, as well as movies and other creative works, without permission or payment to the creators and copyright owners, and therefore is outright theft. I hope that the decision will strengthen the public's understanding and respect for the rights of America's creators to make a living from their work, which so enriches our nation and the world. Since its establishment in 1914, ASCAP has relentlessly sued everyone who allows music to be heard in a public place. This began with a restaurant in New York, where ASCAP founder Victor Herbert discovered musicians playing music from an operetta he wrote (and for which he was receiving royalties from the theatre company). So he sued the restaurant. Next victim -- radio. Here's what ASCAP says about radio: In the 20's, the most revolutionary technological development of the age boomed into the hearts of American homes. Radio. Suddenly, previously disconnected communities and towns were instantly linked by a new medium, one that became the electronic hearth for millions of listeners. KFI Radio in Los Angeles was the first station to be licensed on February 1, 1923. It wasn't long before other stations followed. Today, radio is one of ASCAP's most important sources of income. They left out the entire story about suing radio stations left and right. Radio aired its first commercial in 1923. That same year, the lawsuits began. By 1927, the Federal Radio Commission was established to try and clean up the litigious mess. "It wasn't long before other stations followed," is kind of disingenuous, considering that they probably only followed because they were being sued. And to say "it wasn't long" ignores the fact that ASCAP was a general pain in the ass until almost 1950. In short, ASCAP treated radio -- now one of its most important sources of income -- exactly the same way they are embracing peer-to-peer. ...we are extremely pleased with the U.S. Supreme Court's unanimous decision against Grokster for encouragement of copyright infringement of music. The truth is that it is just as accurate to say that the Supreme Court unanimously decided in favor of Grokster by sending the issue back to a lower court where the RIAA can attempt to prove that the allegations are true. The peer-to-peer business model relies on the use of our music, as well as movies and other creative works, without permission or payment to the creators and copyright owners, and therefore is outright theft. Without the part about "movies and other creative works" this is how ASCAP described radio in 1923. Outright theft. The public should understand that it was ASCAP who taught the RIAA to sue people for listening to music. The public should remember that in 1940, radio banned ASCAP music because the organization tried to jack up royalties, using the same extortionist tactics that the RIAA is so keen on now. Musicians couldn't even perform their own music on the radio, if it had been licensed through ASCAP. This worked so well that the musicians went on strike and nothing was even recorded for a year and a half. Since they are following the same game plan with peer-to-peer, I expect this will all finally be straightened out by 2037.

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