The RIAA’s copyright battle
There’s an interesting trial going on that could have big implications for the recording industry’s copyright enforcement policies. The Recording Industry Association of America (RIAA) is suing a Boston University student named Joel Tenenbaum for downloading 7 copyrighted songs. Harvard Law School Professor Charles Nesson, who is representing Tenenbaum, filed a counterclaim accusing the RIAA of violating the Constitution through its use of the Digital Theft Deterrence and Copyright Damages Improvement Act, which allows penalties of up to a whopping $150,000 per song illegally downloaded.
Right now, both sides are arguing over whether to broadcast hearings over the web. Nesson wants to do this, while the RIAA argues that it would bias the public for the trial to be streamed on sites such as that of Harvard’s Berkman Center for Internet and Society, which Nesson founded.
The professor and the recording industry are also battling about a motion by Nesson to subpoena a former RIAA vice-president, whom he accuses of masterminding the RIAA’s policy of aggressively suing individuals who download music. The RIAA is trying to sanction Nesson for his request.
I hope that Tenenbaum and Nesson win this case. In the age of the Internet, copyright laws are too restrictive, and the RIAA’s prosecution (or maybe persecution?) of file-sharers is too aggressive. Basically, the RIAA monitors activity on file-sharing sites or file-sharing programs, keeps track of illegal downloads, and forces Internet service providers (like Comcast and AOL) to disclose the identities of the copyright violators. Then the RIAA sends them letters asking them to settle by paying thousands of dollars, or else they will be sued for even more money. There are even hotlines and websites dedicated entirely to enabling people to pay off the RIAA so they won’t get sued!
You could argue that the RIAA’s methods border on extortion. I mean, they are threatening people with lawsuits in order to get them to pay money!
Either way, I disagree with the RIAA’s philosophy about copyright. People have the right to take credit for their creative works and to try to make money off of them. However, just because someone has a right to offer something for sale doesn’t mean that people have an obligation to buy it. Record companies have a right to sell CDs, but they aren’t entitled to force people to buy them. Should the government ban cameras because they put portrait-painters out of work? What about cars, which made horse-drawn carriages obsolete?
Personally, I buy CDs and don’t use any file-sharing programs, but if other people find file-sharing a good alternative to CDs, what’s wrong with that? Obviously, the RIAA thinks there’s something wrong with it, because they don’t make as much money that way!
For a good summary of the case, see this article at The Crimson.