Sony thinks you're stealing


Silly testimony from a lawyer who should know better
I get the feeling that Sony doesn't even like selling music. They'd probably be more comfortable renting it to you as needed.

Testimony today in Capitol Records, et al v. Jammie Thomas quickly and inadvertently turned to the topic of fair use when Jennifer Pariser, the head of litigation for Sony BMG, was called to the stand to testify. Pariser said that file-sharing is extremely damaging to the music industry and that record labels are particularly affected. In doing so, she advocated a view of copyright that would turn many honest people into thieves.

Pariser noted that music labels make no money on touring, radio, or merchandise, which leaves the company particularly exposed to the negative effects of file-sharing. "It's my personal belief that Sony BMG is half the size now as it was in 2000," she said, thanks to piracy. In Pariser's view, "when people steal, when they take music without compensation, we are harmed."

Pariser has a very broad definition of "stealing." When questioned by Richard Gabriel, lead counsel for the record labels, Pariser suggested that what millions of music fans do is actually theft. The dirty deed? Ripping your own CDs or downloading songs you already own.

Gabriel asked if it was wrong for consumers to make copies of music which they have purchased, even just one copy. Pariser replied, "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'," she said.

I've said before that as long as I am not profiting, what I do with recordings I have purchased is my business. That's true with books, that is true with art prints, I see no reason why music or films should be any different.

The fact that the major record labels would like people to forget is that before Apple's iTunes Music Store, no record label managed to make digital music pay. With an attitude like that, it's not hard to see why.

I'll go further. If I could avoid paying the labels (AND funding those dratted RIAA lawsuits) and just pay direct to the artists, I would.

— NeoWayland

Posted: Fri - October 12, 2007 at 02:49 PM  Tag


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