The Ars Technica comedy column continues to report the stand-up of Jennifer Pariser. She has an excellent straight man in Richard Gabriel.
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’m sure that further gems will follow, and that Mashable (among other sites) will bring them to our attention.
Yesterday was the first day of Capitol Records v. Jammie Thomas, the first file-sharing case to go to trial, and the latest battle in the RIAA‘s war against file-sharing. One of the best parts so far (according to BB Cory as well as to me) is an admission by Jennifer Pariser, Sony BMG’s head of litigation.
“We’ve lost money on this program,” she said, the “we” being the record labels, who have spent “millions.” So let’s get this straight: the record companies are losing money in order to conduct a campaign that earns them dislike and mockery from many music fans?
I’m surprised that the record companies aren’t being sued by their shareholders for spending their money on a war that they can’t win, and that alienates much of the public. If they are so sued, I suggest that they compute and use the following statistic: dollars spent per music fan alienated. It’s probably low enough to suggest efficiency.
The case continues today. I hope that the judge doesn’t continue to sustain objections to perfectly reasonable questions. Yesterday, Thomas’ lawyer asked, “”How many dead people have you sued?” I think that the question is relevant to the issue of the RIAA targeting clearly innocent people.
Radiohead have finished their new album. It will be available as a download, without any record label or store as an intermediary. It will also be available as a deluxe “discbox,” but let’s concentrate on the download.
This is huge news, for reasons including the following: the price for the download is set by the customer; there is no record label involved; it’s Radiohead! Choosing your own price to download music isn’t new; for example, Jane Siberry has used this model for years now. But the current story is about… Radiohead!
Daniel Langendorf at last100 found some good quotes for his post on the story.
- Thom Yorke, when the band’s contract with EMI expired four years ago: “it probably would give us perverse pleasure to say ‘f*** you’ to this decaying business model.”
- A record company exec: “If the best band in the world doesn’t want any part of us, I’m not sure what’s left for this business.”
- A record producer: “if you can pay whatever you want for the music by the best band in the world, why would you pay 13 dollars or 99 cents for music by somebody less talented?”
Daniel also remarks that “pre-ordering In Rainbows was a pain.” I certainly found it so. I got two different error messages while using the site, and no confirmation email. I’ll try again tomorrow, and I’ll check my credit card statement soon.
I dread to think how busy the site will be when it starts to allow the (millions of?) prepaid downloads. Perhaps dread is too strong a word; perhaps it should be reserved for how major record labels must be feeling now.
I am loving the new Iron & Wine album, The Shepherd’s Dog. I’ve listened to previous I&W stuff, often following “based on the stuff you listen to, you’ll like this too” recommendations. But the previous stuff never grabbed me.
As usual, The Hype Machine provides useful links. There are reviews of the album, including sample MP3 of the new material and comparisons with earlier releases, at Music for kids who can’t read good and at It’s hard to find a friend.
To add my own older and more British comparison, The Shepherd’s Dog rather reminds me of the first couple of Gomez albums. Each song includes multiple musical strands, most of the strands sound familiar, and they are woven together to create something greater than their sum.