The Business of Infringing Content

CreepycopyrightinfringementWhen people are about to download content from the ‘net that is copywritten, many often ask ‘will I get caught doing this?’ For many, the response is ‘no’ and then continue to download that episode of Seinfeld or whatever. Given that there are so many people downloading, and that record companies in the US have claimed to have abandoned filing new lawsuits against individuals, then things (in North America) appear to be getting better.

At issue, however, is that filing lawsuits is big money, and in Europe especially it looks like Digiprotect has moved in to assume first-mover advantage. Digiprotect gets “the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable” (Source). They avoid demanding too much money from infringers, on the basis that few judges like the idea of imposing million dollar fines on individuals – usually opting for suits demanding in the vicinity of 500 Euros. This amount of money ‘teaches’ individuals and provides enough money to keep the employees paid. No staff member has a fixed salary – they are paid according to the ‘cases’ that are won. The actual method of determining the financial burdens are based on the business expenses, profit, and money to be distributed to artists. In effect, the company sets up a honeypot and then sues whomever it is profitable to sue.

Continue reading

Bombs, Bombs, and the Children

In the past several months there have been more and more fractures in the carefully maintained facades of the RIAA and EU’s democratic openness. They have also been the formative months of Nicholas Negroponte’s dream of putting inexpensive notebooks in the hands of the most disenfranchiased youth in the world, a dream that will be realized in a few short weeks. I want to quickly elaborate on the first two ‘bombs’, and then quickly comment on Negroponte’s dream.

Reznor Serves His Walking Papers

Trent Reznor is a brilliant salesperson. Over the course of his last album he used some incredible guerrilla marketing to generate (more or less) free advertising for his album . . . only to have the RIAA threaten to sue his fans! Reznor has been incredibly critical of the record labels for some time, but now he’s free of them! On the Nine Inch Nails’ website he has written;

Hello everyone. I’ve waited a LONG time to be able to make the
following announcement: as of right now Nine Inch Nails is a totally
free agent, free of any recording contract with any label. I have
been under recording contracts for 18 years and have watched the
business radically mutate from one thing to something inherently very
different and it gives me great pleasure to be able to finally have a
direct relationship with the audience as I see fit and appropriate.
Look for some announcements in the near future regarding 2008.
Exciting times, indeed.

Continue reading