Law professor fires back at song-swapping lawsuits

Nov 17, 2008 By RODRIQUE NGOWI , Associated Press Writer

(AP) -- The music industry's courtroom campaign against people who share songs online is coming under counterattack. A Harvard Law School professor has launched a constitutional assault against a federal copyright law at the heart of the industry's aggressive strategy, which has wrung payments from thousands of song-swappers since 2003.



Content from The Associated Press expires 15 days after original publication date. For more information about The Associated Press, please visit www.ap.org .

Explore further: WEF unveils 'crowdsourcing' push on how to run the Web

add to favorites email to friend print save as pdf

Related Stories

Minimal damages sought in Mass. song-download case

Jul 31, 2009

(AP) -- A lawyer for a Boston University student who admitted illegally downloading and sharing music urged a federal jury Friday to "send a message" to the music industry by awarding only minimal damages.

Mass. student on trial admits sharing tunes online

Jul 30, 2009

(AP) -- A Boston University graduate student accused of illegally swapping music online nonchalantly admitted in court Thursday that he has downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins ...

Lawyer: Song swapper on trial doing `what kids do'

Jul 28, 2009

(AP) -- A Boston University graduate student was "a kid who did what kids do" when he swapped songs through file-sharing networks like Kazaa, his lawyer said Tuesday as his copyright-infringement trial began.

Music downloading hearing can't be streamed online

Apr 16, 2009

(AP) -- Oral arguments in a music downloading lawsuit filed by the recording industry against a Boston University student can't be streamed online, a federal appeals court ruled Thursday.

Recommended for you

WEF unveils 'crowdsourcing' push on how to run the Web

7 hours ago

The World Economic Forum unveiled a project on Thursday aimed at connecting governments, businesses, academia, technicians and civil society worldwide to brainstorm the best ways to govern the Internet.

Study: Social media users shy away from opinions

Aug 26, 2014

People on Facebook and Twitter say they are less likely to share their opinions on hot-button issues, even when they are offline, according to a surprising new survey by the Pew Research Center.

US warns shops to watch for customer data hacking

Aug 23, 2014

The US Department of Homeland Security on Friday warned businesses to watch for hackers targeting customer data with malicious computer code like that used against retail giant Target.

Fitbit to Schumer: We don't sell personal data

Aug 22, 2014

The maker of a popular line of wearable fitness-tracking devices says it has never sold personal data to advertisers, contrary to concerns raised by U.S. Sen. Charles Schumer.

Should you be worried about paid editors on Wikipedia?

Aug 22, 2014

Whether you trust it or ignore it, Wikipedia is one of the most popular websites in the world and accessed by millions of people every day. So would you trust it any more (or even less) if you knew people ...

User comments : 9

Adjust slider to filter visible comments by rank

Display comments: newest first

lengould100
5 / 5 (5) Nov 17, 2008
[QUOTE]"There are alternative ways," he said, "of packaging entertainment to return revenue to artists." [/QUOTE]

I might be a LOT more sympathetic to the music "industry" if they actually did return ANY revenu to artists. Last few interviews I've seen show that artists earn nothing, nada, zero, ziltch from "industry" CD sales. All their earnings come from concert ticket sales, and they have to organize the concerts themselves with very little help from the "industry".

Its time for a new music industry paradigm. Companies who speculated heavily in the future value of music copyrights need to be told they simply screwed up. Then artists can be freed to figure out creative new ways to market their music using the very powerful and fully adequate functions of the internet.
D666
not rated yet Nov 17, 2008

I might be a LOT more sympathetic to the music "industry" if they actually did return ANY revenu to artists.


Anyone know offhand how much of the $.99 an artist gets from a sale on ITunes?

On the one hand, it's probably significantly better than what they'd get from a CD sale; on the other hand, people tend to buy singles a lot more often on ITunes rather than the whole CD including filler songs; on the third hand (yeah, my mother is my sister :-)) people who wouldn't buy CDs because they're too expensive may buy a single song that they like.

Any stats on this?
Sean_W
4.5 / 5 (2) Nov 17, 2008
If I had gobs of money I would hire various artists to create free music just to erode the profits of these music companies. They vandalize people's computers with "copy protection" malware in the hopes that some of those punished will actually be the people who are copying songs but then they demand that everyone else be law abiding? Boycott all music that comes from the entertainment mobsters.


earls
4 / 5 (1) Nov 17, 2008
Boycott is the only way, the only language they understand is $$$. Only when they are begging to meet any demands to reconnect with the young and informed market, then, and only then should payment be CONSIDERED.
h1ghj3sus
1 / 5 (2) Nov 17, 2008
Copyright is ridiculous. As long as you give credit to the creator, share as much as you wish.
vanderMerwe
5 / 5 (3) Nov 17, 2008
Mature industries always find it easier to outlaw competition via legislation by buying corrupt Congressmen than to change their business models to respond to evolving technology. Witness the Big Three in Detroit for another great example. The RIAA and MPAA need to be allowed to wither to a size consonant with their importance, say to about that of the buggy whip industry.
holmstar
not rated yet Nov 17, 2008
Boycott is the only way, the only language they understand is $$$. Only when they are begging to meet any demands to reconnect with the young and informed market, then, and only then should payment be CONSIDERED.


Boycotts won't work because the recording industry will only point at it and say "SEE!!! we're loosing tons of profit because of all of this piracy! Look at how many fewer sales we are getting!"
holmstar
3.7 / 5 (3) Nov 17, 2008
Copyright is ridiculous. As long as you give credit to the creator, share as much as you wish.


I don't quite agree. If you put a lot of effort into what you create, I feel you should be fairly compensated for the value that your creation provides.
DGBEACH
5 / 5 (1) Nov 18, 2008
Copyright is ridiculous. As long as you give credit to the creator, share as much as you wish.


I don't quite agree. If you put a lot of effort into what you create, I feel you should be fairly compensated for the value that your creation provides.


How much real "effort" do the record companies put into "creating" music??? I DO think artists should be compensated directly, right into their bank accounts...and the technology already exists!