boycott-riaa.com - Article: Napster Judge Hammers the RIAA

Napster Judge Hammers the RIAA

Posted by Bill Evans on February 22, 2002 at 7:07 PM (printer friendly)

In a surprising turnaround, a district court judge Marilyn Hall Patel ruled Friday that the five major record labels must prove they own thousands of music copyrights, and prove those copyrights weren't used to monopolize and stifle the distribution of digital music.

Needless to say the RIAA was stunned by the announcement by Judge Patel and they issued what has got to be the shortest press release they have ever released.

THE RIAA STATEMENT
WASHINGTON "Today, the District Court in the Napster case issued an opinion allowing for discovery on the record companies' ownership rights and Napster's allegations of copyright misuse. The Court is permitting Napster the opportunity to collect evidence to see if Napster can establish valid legal defenses to the record companies' request for a final judgment.

The Court found it "highly unlikely that [the record companies] have failed to secure ownership interests in the works that are the foundation of their business." The Court directed a Special Master to examine the record companies? contracts to affirm this. The Court also found that Napster had raised questions with respect to possible copyright misuse.

Cary Sherman, Senior Executive Vice-President and General Counsel of the RIAA commented "Napster's allegations of misuse are without merit, as the discovery ordered by the Court will confirm. We look forward to providing the Court with evidence to refute Napster's claims."

When the MP3.COM case reached this point after the judge found that they were guilty of infringing, and MP3.Com raised the question of who owned the copyrights, the labels settled and very quickly. All except Vivendi/Universal who used the pause to make an offer for MP3.Com which MP3.Com accepted.

This isn't an exoneration for Napster by any means, but opens the door for Napster to require the recording industry to prove that they own the copyrights, not the artists. This is why the Recording Artists Coalition filed an Amicus Brief on behalf of Napster, when it's well known that the RAC is no friend on Napster.

To put it bluntly, this is the 2nd worse thing that could have happened to the RIAA especially at a time that the Dept of Justice is looking into the same allegations of copyright abuse to control the market. Just in case you are interested in number one it would be the total dismissal of the case.

Links:
Wired "Judge,if you own music prove it" by Brad King
CNET "Napster win puts labels in the hot seat" by John Borland

User Comments (These do not necessarily reflect the beliefs of this site)


forrix	Date: February 22, 2002 @ 9:13 PM ok, so like many of us on this board, i'm not exactly a fan of the RIAA; but i am curious as to where all this is going to lead... the outcome after the dust has settled, say in 5 years. what if the RIAA comes out of this legally weakened? are we sure that's a good thing? what happens to the artists, to radio, to the price of CDs? ...and then again, what if the RIAA comes out the winner - even stronger politically and with a new soapbox to stand on? SO MANY QUESTIONS!!! SO MUCH UNCERTAINTY!!! DOWNLOAD NOW WHILE YOU CAN! :)

bob2165	Date: February 22, 2002 @ 9:37 PM Download de songs die je al jaren zoekt direct, want morgen kunnen ze wel dood en verdwenen zijn. (Download the songs, you've searched for all those years, immediatly cause they can be dead and gone tomorrow.)

mtbatol	Date: February 22, 2002 @ 9:44 PM daaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaamn!!!! da RIAA got shitted on.... hahahahahahaha!! :poo: hahahahahahaha!!!! Like they're totally innocent virgins when we all know that they screwed plenty of artists without the vasoline.

scoochie74	Date: February 22, 2002 @ 10:26 PM I have this to say, IF these companies are loosing so much money and if these artists are claiming to loose so much money, how come either the IRS or the Federal Trade Comission has not been told? I mean, IF a public company is loosing money, they MUST put it on their quarterly reports. Hmmm.....has anyone heard of these companies putting this information in their quarterly reports? Are the members of Metallica (WHICH I used to be a fan of) reporting their losses on their Taxes each year? I doubt it. Anyhoot....it is nice to see that the RIAA was just slapped back into place. Cheers! -Scoochie =:)K

thumbtack	Date: February 22, 2002 @ 11:43 PM It's been a banner week... 1) Lester Chambers Appeal of Rakoff's Decison is allowed and the case will continue. 2) Suncomm settles the Media Cloque lawsuit concerning the Charley Pride CD "A Tribute to Jim Reeves" by agreeing to provide notification that the cd is corrupted and may not work and 9 other things, including attorneys fees. 3) Judge Patel tells the RIAA to open up that Pandoras box they've been hiding for all these years. COMING NEXT WEEK The Recording Artists Coalition Concerts in the LA Area, to raise funds to help finance the artists fight against the labls business practices and one sided contracts, the day before the Grammys. It's being rumored that a number of artists plan to boycott the Grammys.

Remye	Date: February 23, 2002 @ 12:56 AM OUCH!! bet that hurt..got slapped like yer momma shoulda done it! GO JUDGE PATEL!!!! As to the money issue, I was wondering the same thing. These are supposed to be public companies.. is/has anyone looked at the money sheets? Those are supposed to by law be open to Mr. John q. Public, to be viewed at his/her discretion..wonder what Mr. Irving R. Scheister would think? Just my opionion etc....

milladrive	Date: February 23, 2002 @ 8:12 AM "We look forward to providing the Court with evidence to refute Napster's claims." Sure, now that the court has ordered it, you look forward to providing it. What a group of... I won't say it.

princess-angry	Date: February 23, 2002 @ 11:55 AM could this be a little progress on the digi-net-music world? I hope it is... thee judges need to rule on what would do us all a good deal. that would be nice. I hope that the RIAA softens up some after this...

Fozzie	Date: February 23, 2002 @ 3:20 PM too sweet!

draugluin	Date: February 23, 2002 @ 4:16 PM I hope the RIAA burns in hell where they belong...this is making me happy ^_^

leflaw	Date: February 24, 2002 @ 10:08 AM where are we archiving older news, Id like to see some of that stuff.

oat	Date: February 25, 2002 @ 3:15 PM I can't say I have much sympathy for RIAA. I have been working towards total artist control for a long time. With the advent of digital home studios, high end graphics software, webrings and internet marketplaces, the record industry has lost the carrot they have held in front of independant musicians for years. They have become an entity that simply stands in between an artist and those that purchase the art collecting 90% of the proceeds. They will always have their Britney level pop artist to feed off of, I don't worry that they will be fine. The independants need to return to their proper place in this game, and get paid for it....