Vocalist.org archive


From:  Dean FH Macy <deanmacy@m...>
Date:  Fri Jul 7, 2000  2:35 am
Subject:  Re: [vocalist-temporary] MP3.com


Roger Smith wrote:

> MP3.com is a site that acted as a music bank for people who wanted to listen
> material they already owned at home on CD. I understood that one of the
things MP3
> had done was mechanically copy 80000 albums illegally, and making money off
them. No
> money they were making was being returned to artist either.

MP3.COM purchased 80k albums. For every album they purchased .07195 was paid
to the
artist for each song on the album, the going rate. Nothing was illegal and
they paid
money, not made money. The reason MP3.COM bought the albums was to have the
ability
to match their copy to the account holder's album. The account holder had to
provide
the name and the mfg. number of the album to enable playing of that album back
to
their account. MP3 provided a service without charge to their listeners.

> So, each time they copied a CD to their hard drive, that there is a breach of
> copyright. Plus the fact they were making a a heap of money off recorded
works they
> didn't own or have permission to use.

Totally false assumption. There is no breach if the album is purchased
legally. And
where did you get the idea MP3 was making money? The service was NO CHARGE.
Humph!

I wrote,

> It is amazing to me that this simple music bank technology could be twisted
so much
> that the RIAA sued MP3 for copyright violations without having a clue as to
what was
> actually happening.

To which you answered:

> They must have had enough clue for the courts to agree.

As for our judicial system, most of the attorneys and judges don't have a clue
when it
comes to music technology. If an argument sounds reasonable the courts buy it.
Music
tech is over their heads, unfortunately. The side that puts on the best dog
and pony
show wins the blue ribbon. Sad for us, the RIAA, HFA and ASCAP has the money
and the
talent to post the better show in the courts.

--
Dean FH Macy, Lit.D./Mus.D.
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"Specializing in Management of exceptionally talented youth in Music"
<http://www.newenglandtalent.org> EPI Records - NetWork Films
<http://stations.mp3s.com/stations/3/epilogue_recording_artists.html>
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"Making children do something they don't want to do is the job of the parents.
If that doesn't work, there are always juvenile detention centers." - Mike R. -


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