George Hsu // XKUBE Network

The People vs RIAA/CRIA Part II

Special Links

I’d like to continue from my last blog with some special links:

Canadian Digitial Copyright
- http://www.digital-copyright.ca/

Recording Industry vs The People
- http://recordingindustryvspeople.blogspot.com/

You can find more information about Digital Copyright by simply Googling.

What Does CMCC Think?

Remember back in the first post, I mentioned something previously about the Canadian Music Creators Coalition? They are a group of Canadian music artists who have decided to form this coalition. So what does the CMCC think, exactly?

“Suing Our Fans is Destructive and Hypocritical
Artists do not want to sue music fans. The labels have been suing our fans against artists’ will, and laws enabling these suits cannot be justified in artists’ names

Digital Locks are Risky and Counterproductive
Artists do not support using digital locks to increase the labels’ control over the distribution, use and enjoyment of music or laws that prohibit circumvention of such technological measures. Consumers should be able to transfer the music they buy to other formats under a right of fair use, without having to pay twice.

Cultural Policy Should Support Actual Canadian Artists
The vast majority of new Canadian music is not promoted by major labels, which focus mostly on foreign artists. The government should use other policy tools to support actual Canadian artists and a thriving musical and cultural scene.”

Why is P2P illegal, from RIAA/CRIA’s Perspective?

P2P, short of Peer-2-Peer, is a software that allows everyone to transfer and swap data across a central server. New technologies have arisen since the days of Napster such as BitTorrent that increases efficiency in sharing this data. Now, according the RIAA, the music industry (and by MUSIC INDUSTRY, they mean them) loses billions of dollars per year, due to illegal downloading of music.

Here are a few things that could put things in perspective:

• If people have decided not to purchase the CD, they probably will never purchase a CD even if some how, some way, RIAA made it almost impossible to copy at all.
• Piracy has been around BEFORE Napster, BEFORE Compact Discs, BEFORE Cassette Tapes, BEFORE Technology existed, so why is RIAA suing potentially innocent people now?
• By sueing individuals, they are only damaging their public image by allowing more individual groups forming to boycott the corporate monster. Sales decreasing? I wonder why?
• By doing a survey of how much money they potentially could have lost, perhaps try doing a survey of how many people that downloaded the song, then later purchasing the album. Then, subtract what would’ve been lost by the amount of people who purchase the CD’s after.
• Big corporate monsters always try to stay on top, but as history repeats itself, what goes up, must come down. Eventually, someone, somewhere, will realize the weakness of RIAA and overcome and overthrow for that matter, their throne. Google vs Microsoft. Who has heard of Google in the 80’s? No one, because it never existed. Who’s heard of Google today? Everyone. So don’t be surprised if a no one, will become a someone, soon.
• By outlawing technological advances, this not only angers people within the music industry, but anyone that is a part of the IT industry. We make advances to, well, advance. We wouldn’t be here today if it wasn’t for these advances. RIAA wouldn’t be able to sell CD’s if CD’s were never created. Why in the world would someone want to do that?

What’s to Come Next?

It will be interesting to find out what lays ahead of us, but I’d like to leave you with a few articles and blogs that talk about interesting points.

Link: A Corporate America

Link: RIAA President Speaks

Link: RIAA Starting To Panic?

Link: Judge orders RIAA to justify its piracy charges

Link: RIAA’s Suit Against Mom Fails, So it Sues Kids

Cheers,

George Hsu

The People vs RIAA/CRIA Part I

What is RIAA or CRIA?

Most of you have heard of lawsuits in the United States where the big four recording industries sues individuals for sharing music online. Lawsuits that may include children as little as 10 years old to adults as old as 75 years of age.

I feel this is extremely ludacris. Period.

I’ve been following this content for a very long time, including the proposal of Bill C-60, to Sam Bulte who was pushing to have Bill C-60 succeed in legislation, to the never-end lawsuits of individuals.

Michael Geist is the Canada Research Chair of Internet and E-commerce Law at the University of Ottawa. Take a look at his blog in regards to: Sam Bulte’s video

What is Bill C-60 and what does it address?

Bill C-60 is An Act to Amend the Copyright Act. It is a proposed law introduced in June, 2005, which, if passed into law, would substantially alter Canada’s Copyright Act. The Bill would delete current rights of Canadians to access and use copyright works and add numerous new and stronger rights for copyright holders.

The Bill addresses the following general subject areas: ISP liability, remote learning, interlibrary loans, and photography issues. The bill also addresses a number of WIPO Treaties implementation issues, including legal protection for technological protection measures (TPMs) and rights management information (RMI) (which are component parts of digital rights management (DRM) systems), a making available right, a first distribution right, moral rights and reproduction rights for performers, and term of protection for sound recordings and photographs.

– Source: CIPPIC

Doing Our Part

Being a Canadian Citizen, and proud of our country, heritage, and economy, I would like to think that we could all do our part in perserving what defines Canada AS Canada and not a sub division of the United States.

I wouldn’t like to see Canadian companies becoming greed hungry for petiful settlements of $9,000 for each individual suit.

If you want to solve a problem, solve the problem at its root.

Petitions have long been launched so please take the time to view the online peition of Bill C-60: KillBillC60.ca

CRIA

CRIA stands for Canadian Recording Industry Association. They are compared to as the sister of RIAA of the United States. What is most “Canadian” about them is that they had Canadian Recording Company’s along with international recording company’s under their belt.

As Michael Geist would put it, lose the C in CRIA because last year, six major independant Canadian Recording company’s left CRIA making it partners with now mostly international industry’s.

The six companies - Nettwerk Records, Aquarius Records, the Children’s Group, Linus Entertainment, Anthem Records and True North Records - said they wanted to send a clear message about where they stand. In brief, they want greater support for up-coming artists.

“(CRIA is) looking out for their best interest, and their best interest is multinationals that are not Canadian,” said Ric Arboit, president of Vancouver-based Nettwerk Records.

What Canadians Are Doing

Some Canadian artists feel strongly against what is happening here. CRIA attempted to follow suit by attemping to file lawsuits against a dozen individuals last year only failing as the court determined that they had insufficient evidence to allow CRIA to obtain personal, private information from their ISP (Internet Service Providers).

Go Canada!

Artists such as Steven Page from Bare Naked Ladies, Avril Lavigne, and many others have decided to form a coalition. They formed what is called Canadian Music Creators Coalition.

So You’re Saying Piracy is Okay?

Never have I ever said that piracy was okay, however, I do believe what the RIAA and CRIA are doing is unacceptable. Piracy has been around for ages, it didn’t just all of a sudden appear like magic. What justifies a corporate monster to garble up an individual person who may or may not have committed a crime of downloading a music file for hundreds and thousands of dollars?

There are cases where RIAA sued individuals who did not even have a computer at home, yet stating that they had enough evidence to prosecute.

In Canada, we have all been very lucky. It is legal to download, but not to upload. I do believe in try before you buy. How would I know if I enjoy a certain song if I cannot listen to it first. Why would I want to purchase an entire album if I only like one song?

I believe that the artists should be compenstated, and not the RIAA or CRIA. I believe that people should be able to purchase music online such as iPod and iTunes. I believe that people should be able to purchase music for less than 50 cents, 40 cents or even 30 cents for that matter.

If Wal-Mart can make $200 billion per year from margins of 10 cents to a dollar, why wouldn’t music be able to profit from 30 cents to a dollar?

As Michael Moore put it, he supports your friend copying his DVD or lending his DVD to you as long as it’s not for profit. Although I may not be a big fan of his, he nailed that one down and I agree.

To be continued..

Cheers,

George Hsu