Archive for June 27, 2005

is mp3 blogging illegal now?

Taken the Supreme Court’s decession today to make producers of software that induce copyright infringement liable for illegal use, the question is making an mp3 blog aggerator totally illegal under this or an mp3 blog? While the Court ruled that inducement requires:

This decision relies on a new theory of copyright liability that measures whether manufacturers created their wares with the “intent� of inducing consumers to infringe. It means that inventors and entrepreneurs will not only bear the costs of bringing new products to market, but also the costs of lawsuits if consumers start using their products for illegal purposes.

Obviously blogging like political commentary and livejournal style rants don’t immediately fall under this rule. I mean we’re creating new content, not infringing with our words (but you can get in trouble for images and qouting text). The problem is all of our blogs here at mp3blogs.net or whatever else are now technically speaking illegal. While I never intended my blog as a copyright infringing warehouse, obviously proving that intention is quite hard to do. I mean I definitely intend for people to download the music I post here, and I really hope they do, the problem is what was already a pseudo-legal form of altruism is now a definite break of the law. Additionally, arregerators are obviously illegal, their very intent is to coalesce the sharing of mp3s similar to p2p networks. If we could produce lettuce for nothing and feed the world, why wouldn’t we? Becuase the lettuce farmers would go bankrupt? If we can produce all the culture we want and distribute it for free, why wouldn’t we? Becuase the entertainment industry would go bankrupt.

I would like to purpose an alternative history of the RIAA’s file sharing is killing us arguement. Over the last 20 years indepdent labels have grown to the point that Sub-Pop and Matador are practically major labels. Their sales figures are so promenient that when Soundscan announced last year that music industry revenue was up, the majors scoffed. That’s not possible they seemed to say.. file trading is killing us. All of which ignores your average best buy stocks more copies of the new Interpol, Belle and Sebastian, or Postal Service than your average major label release barring mainstream hip-hop. I’ve taught high school for 3 years. These kids do not listen to Avril Lavigne. They have internet connections. They have p2p networks, they have access to the postal service. Read any school newspaper, maybe they’ll mention outkast, but you can’t blame your sales on technology when you have to face the truth: your product sucks. just go ahead and sign fucking death cab warner brothers. we’ll all be happier when your done bitching and every no life from timbuktoo to greenspoint, ohio know’s ben gibard’s voice. Trust me, we’re sick of him. Please major labels take our bloated emo bands. We really wish they’d all just go away and leave us a place for something new to get their time in the sun,

June 27, 2005 at 9:25 pm 1 comment


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