The RIAA's recent case and a pending case in the UK provide some insight into whom it might prosecute next
The Recording Industry Association of America is the oft
villainized copyright-infringement watchdog for the music industry in the
U.S. Its letters to music sharers have led to thousands of settlement
over the last few years. Now, following its recent success in the jury civil trial Capitol
Records, et al v. Jammie Thomas, which resulted in a jury verdict of
$222,000 in damages, many wonder who the RIAA might target next.
The RIAA might have given a clue during testimony by music
industry lawyers in the Thomas case. During the case Jennifer
Pariser, the head of litigation for Sony BMG, was called to testify.
Pariser noted that music labels make no money on bands touring, radio, or
merchandise, so they are particularly vulnerable to file sharing. She
went on to say that when people steal music the label is harmed.
Pariser believes in a very broad definition of stealing that is echoed by many
supporters in the RIAA. She believes that users who buy songs are
entitled to one, and only one copy. Burning CDs is just another name for
stealing, in her mind. "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'."
Such logic has been a driving force behind efforts to "rights manage"
music including the current DRM found on Apple's iTunes files and Microsoft's
DRM, which is also widespread.
While it seems unlikely that the RIAA would be able to effectively identify
"burners", such litigation remains a legal possibility for the RIAA
and major music labels, in the minds of their lawyers.
Another possible avenue of legal action for the RIAA is the pursuit of
businesses that play unauthorized music in stores. The Performing Rights
Society (PRS), Britain's version of the RIAA, may give the RIAA some possible
ideas with its pending litigation. The PRS is
suing the Kwik Fit Group, a car repair shop in Edinburgh, for £200,000 in
damages. The case revolves around the complaint that Kwik Fit employees
brought in personal radios which they played while working on cars, which could
be heard by colleagues and customers. The PRS says this amounts to a
public "performance" and should have entailed royalties.
The possible implications if this litigation succeeds are numerous. The
RIAA could pursue retailers like Borders Books who play music in their
restrooms or on their store floors. They could also seek action against
small businesses that have radios in their stores.
These possible future targets may seem outlandish or farfetched, but the RIAA
and its foreign equivalents have some heavy legal firepower. It hires
many of the country's top lawyers and have gained millions in settlements and
recently have added the $222,000 Thomas verdict to its coffers.
Some fear the RIAA is overstepping its bounds, including in the Thomas
case. Rep. Rick Boucher, a Virginia Democrat, and strong advocate of fair
use, recently went on record stating that the trial verdict was
excessive and "way out of line" with other cases of this nature.
The Bush Administration feels that the case was very fair and was a positive example of our nation's laws at work.
"Cases such as this remind us strong enforcement is a significant
part of the effort to eliminate piracy, and that we have an effective legal
system in the U.S. that enables rights holders to protect their intellectual
property."
With the RIAA's powerful legal,
financial, and political backers nobody can truly say what it impossible for it
to accomplish. Now as it is in the midst of delivering its eighth wave of infringement letters to colleges,
it may soon be turning its attention to CD burners or businesses that play music
in front of customers.
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