David Kirkpatrick

October 13, 2008

RIAA losing battles and already lost war

I’ve done some blogging on the RIAA and MPAA copyright battles. I love the entertainment industries, but these organizations are doing much more harm than good suing ordinary people and flailing about in death throes.

And even the base strategy is a losing propostion. I think the war is long over even if both are still fighting.

From the second link, a New America Foundation analysis:

The Recording Industry Association of America (RIAA) has been taking a lot of people to court–basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost… again. ZDnet covered the verdict.

At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. In other words, copyright holders actually have to show harm before they can sue the pants off of people. More importantly, it lends yet more weight to the notion that our copyright laws are woefully out of date and that the RIAA has systematically overstepped the legal bounds of its authority under existing copyright law.