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TSE  December 2008

TSE December 2008

Subject:

Re: [Fwd: [A-List] Law professor fires back at song-swapping lawsuits]

From:

Peter Montgomery <[log in to unmask]>

Reply-To:

T. S. Eliot Discussion forum.

Date:

Mon, 1 Dec 2008 03:28:57 -0800

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (292 lines)

Tickets are available from websites. Venues are often public places
or are arranged by one's own manager (often a member of the group),
not by the recording studio. CDs are produced on one's own
equipment, or in the basement of a friend equiped as a sound studio.

P.
----- Original Message ----- 
From: "Carrol Cox" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, November 29, 2008 9:54 AM
Subject: Re: [Fwd: [A-List] Law professor fires back at song-swapping
lawsuits]


> Peter Montgomery wrote:
> >
> > [clip]
> >
> > Performers are adapting. They use their recorded music as come-ons
> > to get people to their concerts where the the money is made from ticket
> > sales. The middle men are left out of the equation and that is just fine
> > with a whole lot of performers.
>
> This, I believe, has always been true. The record companies are
> voracious, and royalties from records/cds have always been small for
> most performers.  It doesn't leave out the "middle man," however, any
> more than in any other commercial relationship. There are quite a few
> _very_ important 'middle men' between the audience and the performer.
> Where do you buy your tickets, Peter? Not from the performer
> him/herself. Who owns the theatre? Etc.
>
> It's been too long since I read Time & W.Man for me to know whether your
> reference to Lewis is relevant or not. Electronic technology makes a
> difference, but don't overestimate it. Commodity Fetishism (relations
> between persons taking the form of relations between things) remains
> dominant.
>
> Carrol
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>  It's another demonstration of Wyndham Lewis'
> > principle of effects preceding causes, as outlined in TIME AND WESTERN
MAN.
> > - an observation somewhat analogous to Eliot's 4Q (DS) lines:
> >
> > "We had the experience but missed the meaning,
> > And approach to the meaning restores the experience
> > In a different form...."
> >
> > We had (on cd) the performance but missed the performers,
> > and approach to the performers restores the performance
> > in a different form.
> >
> > Performers tend to have their own studios and generate their own
> > CDs. Some even put them up for free on the internet.
> > Again the middle men are left out.
> >
> > What is really interesting is that the performers are being retrieved.
> > The pop bands of 60s &c, performers like Dylan, are climbing out of
their
> > professional studios and big contracts and re-engaging with their
audiences
> > in order to eat, if for no other reason.
> >
> > As 'twere "There isn't any joint/there isn't any jouint" for when you're
> > electronic like they are electronic, you're either or neither
> > (living and eating or dead and adored). Elvis lives!
> >
> > P.
> >
> > ----- Original Message -----
> >
> > From: "Nancy Gish" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Friday, November 28, 2008 9:02 AM
> > Subject: Re: [Fwd: [A-List] Law professor fires back at song-swapping
> > lawsuits]
> >
> > > Dear Carrol,
> > >
> > > I never understand why this is an outrage.  I have been under the
> > impression that composers, songwriters, and singers also had to eat and
have
> > places to live.
> > >
> > > Why is their work free?
> > >
> > > This is not satirical; it's a genuine question.  What is the basis for
one
> > kind of work--but no other--being free?
> > > Nancy
> > >
> > > >>> Carrol Cox <[log in to unmask]> 11/28/08 11:45 AM >>>
> > > An interesting attempt to derail the outrages of current intellectual
> > > property law.
> > >
> > > Carrol
> > >
> > > -------- Original Message --------
> > > Subject: [A-List] Law professor fires back at song-swapping lawsuits
> > > Date: Fri, 28 Nov 2008 23:41:43 +0900
> > > From: Bill Totten <[log in to unmask]>
> > > Reply-To: The A-List <[log in to unmask]>
> > > To: a-list <[log in to unmask]>
> > >
> > >
> > > yahoo.com (November 16 2008)
> > >
> > > BOSTON - 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.
> > >
> > > The professor, Charles Nesson, has come to the defense of a Boston
> > > University graduate student targeted in one of the music industry's
> > > lawsuits. By taking on the case, Nesson hopes to challenge the basis
for
> > > the suit, and all others like it.
> > >
> > > Nesson argues that the Digital Theft Deterrence and Copyright Damages
> > > Improvement Act of 1999 is unconstitutional because it effectively
lets
> > > a private group - the Recording Industry Association of America, or
RIAA
> > > - carry out civil enforcement of a criminal law. He also says the
music
> > > industry group abused the legal process by brandishing the prospects
of
> > > lengthy and costly lawsuits in an effort to intimidate people into
> > > settling cases out of court.
> > >
> > > Nesson, the founder of Harvard's Berkman Center for Internet and
> > > Society, said in an interview that his goal is to "turn the courts
away
> > > from allowing themselves to be used like a low-grade collection
agency".
> > >
> > > Nesson is best known for defending the man who leaked the Pentagon
> > > Papers and for consulting on the case against chemical companies that
> > > was depicted in the film "A Civil Action". His challenge against the
> > > music labels, made in US District Court in Boston, is one of the most
> > > determined attempts to derail the industry's flurry of litigation.
> > >
> > > The initiative has generated more than 30,000 complaints against
people
> > > accused of sharing songs online. Only one case has gone to trial;
nearly
> > > everyone else settled out of court to avoid damages and limit the
> > > attorney fees and legal costs that escalate over time.
> > >
> > > Nesson intervened after a federal judge in Boston asked his office to
> > > represent Joel Tenenbaum, who was among dozens of people who appeared
in
> > > court in RIAA cases without legal help.
> > >
> > > The 24-year-old Tenenbaum is a graduate student accused by the RIAA of
> > > downloading at least seven songs and making 816 music files available
> > > for distribution on the Kazaa file-sharing network in 2004. He offered
> > > to settle the case for $500, but music companies rejected that,
> > > demanding $12,000.
> > >
> > > The Digital Theft Deterrence Act, the law at issue in the case, sets
> > > damages of $750 to $30,000 for each infringement, and as much as
> > > $150,000 for a willful violation. That means Tenenbaum could be forced
> > > to pay $1 million if it is determined that his alleged actions were
> > > willful.
> > >
> > > The music industry group isn't conceding any ground to Nesson and
> > > Tenenbaum. The RIAA has said in court documents that its efforts to
> > > enforce the copyright law is protected under the First Amendment right
> > > to petition the courts for redress of grievances. Tenenbaum also
failed,
> > > the music group noted, to notify the US Attorney General that that he
> > > wanted to contest the law's constitutional status.
> > >
> > > Cara Duckworth, a spokeswoman for the RIAA, said her group's pursuit
of
> > > people suspected of music piracy is a fair response to the industry's
> > > multibillion-dollar losses since peer-to-peer networks began making it
> > > easy for people to share massive numbers of songs online.
> > >
> > > "What should be clear is that illegally downloading and distributing
> > > music comes with many risks and is not an anonymous activity",
Duckworth
> > > said.
> > >
> > > Still, wider questions persist on whether the underlying copyright law
> > > is constitutional, said Ray Beckerman, a Forest Hills, New York-based
> > > attorney who has represented other downloading defendants and runs a
> > > blog tracking the most prominent cases.
> > >
> > > One federal judge has held that the constitutional question is "a
> > > serious argument", Beckerman said. "There are two law review articles
> > > that have said that it is unconstitutional, and there are three cases
> > > that said that it might be unconstitutional".
> > >
> > > In September, a federal judge granted a new trial to a Minnesota woman
> > > who had been ordered to pay $220,000 for pirating 24 songs. In that
> > > ruling, US District Judge Michael J Davis called on Congress to change
> > > copyright laws to prevent excessive awards in similar cases. He wrote
> > > that he didn't discount the industry's claim that illegal downloading
> > > has hurt the recording business, but called the award "wholly
> > > disproportionate" to the industry's losses.
> > >
> > > In the Boston case, Nesson is due to meet attorneys for the music
> > > industry for a pretrial conference on Tuesday, ahead of a trial set
for
> > > December 1.
> > >
> > > Entertainment attorney Jay Cooper, who specializes in music and
> > > copyright issues at Los Angeles-based Greenberg Traurig, is convinced
> > > that Nesson will not persuade the federal court to strike down the
> > > copyright law. He said the statutory damages it awards enable
recording
> > > companies to get compensation in cases where it is difficult to prove
> > > actual damages.
> > >
> > > The record companies have echoed that line of defense. In court
filings
> > > in Tenenbaum's case, they contend that the damages allowed by the law
> > > are "intended not only to compensate the copyright owner, but also to
> > > punish the infringer (and) deter other potential infringers".
> > >
> > > But are these lawsuits the only way the record industry could deter
> > > piracy? Nesson believes the industry could develop new ways to prevent
> > > copyright material from being shared illegally. One idea would be to
> > > bundle music with ads and post it for free online, he says.
> > >
> > > "There are alternative ways", he said, "of packaging entertainment to
> > > return revenue to artists".
> > >
> > > ___
> > >
> > > On the Net:
> > >
> > > Harvard's Berkman Center for Internet and Society:
> > > http://cyber.law.harvard.edu
> > >
> > > Ray Beckerman's blog: http://recordingindustryvspeople.blogspot.com
> > >
> > > The Recording Industry Association of America on music piracy:
> > > http://www.riaa.com/physicalpiracy.php
> > >
> > >
> > >
http://tech.yahoo.com/news/ap/20081116/ap_on_hi_te/tec_music_downloading_1
> > >
> > > http://www.billtotten.blogspot.com
> > > http://www.ashisuto.co.jp
> > >
> > > This email was cleaned by emailStripper, available for free from
> > > http://www.papercut.biz/emailStripper.htm
> > >
> > >
> > > --
> > > No virus found in this incoming message.
> > > Checked by AVG.
> > > Version: 7.5.549 / Virus Database: 270.9.9/1808 - Release Date:
11/23/2008
> > 6:59 PM
> > >
> > >
>
>
> -- 
> No virus found in this incoming message.
> Checked by AVG.
> Version: 7.5.552 / Virus Database: 270.9.11/1818 - Release Date:
11/28/2008 7:31 PM
>
>

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