{"id":216,"date":"2005-11-09T10:15:09","date_gmt":"2005-11-09T17:15:09","guid":{"rendered":"http:\/\/lefsetz.com\/wordpress\/index.php\/archives\/2005\/11\/09\/re-grokster\/"},"modified":"2005-11-09T10:15:55","modified_gmt":"2005-11-09T17:15:55","slug":"re-grokster","status":"publish","type":"post","link":"https:\/\/lefsetz.com\/wordpress\/2005\/11\/09\/re-grokster\/","title":{"rendered":"Re-Grokster"},"content":{"rendered":"<p>I just got e-mail from somebody waiting with bated-breath for my comments on <br \/>this.<\/p>\n<p>I wasn&#8217;t even gonna say a thing.\u00c2\u00a0 This is irrelevant.\u00c2\u00a0 The kind of pyrrhic <br \/>victory Mitch Bainwol and his bunch of disinformation flunkies trumpet in the <br \/>media to illustrate their ongoing victory in the battle against file-trading, <br \/>when they&#8217;re losing as badly as the U.S. did in Vietnam, and appears to be in <br \/>Iraq, since they&#8217;re following a flawed STRATEGY!<\/p>\n<p>The guys who ran Grokster were scumbags.\u00c2\u00a0 The U.S. Supreme Court thought so.\u00c2\u00a0 <br \/>That&#8217;s why they ruled against the company.\u00c2\u00a0 But, they left a GIANT HOLE!\u00c2\u00a0 <br \/>What if you&#8217;re not distributing P2P software to profit off the illegal trading of <br \/>copyrighted materials, THEN WHAT?\u00c2\u00a0 What if you&#8217;re a hacker in your basement, <br \/>who just wants to fuck with the RIAA, and isn&#8217;t interested in making a penny.\u00c2\u00a0 <br \/>There&#8217;s NOTHING in the Grokster ruling that will stop you.\u00c2\u00a0 In other words, <br \/>the issue of the legality of this behavior must be litigated ALL OVER AGAIN!\u00c2\u00a0 <br \/>And how long is that gonna take, at a minimum, THREE YEARS?\u00c2\u00a0 While people <br \/>continue to steal the music every fucking day?<\/p>\n<p>But it gets worse.\u00c2\u00a0 Grokster the COMPANY shut down, but the software lives <br \/>on.\u00c2\u00a0 On the computers of TENS OF MILLIONS OF PEOPLE!\u00c2\u00a0 Who can distribute it to <br \/>others VIA Grokster, never mind other P2P services, or hard drives, or USB <br \/>flash, or DVD, or CD, or IM, or floppy.\u00c2\u00a0 THIS is the war the RIAA is fighting, one <br \/>with a CHANGED LANDSCAPE!<\/p>\n<p>But it gets worse.\u00c2\u00a0 That iTunes Music Store the RIAA companies trot out as <br \/>their savior?<\/p>\n<p>It&#8217;s anything but.<\/p>\n<p>How about this report&#8230;<\/p>\n<p><a title=\"Apple's IPod Success\" href=\"http:\/\/www.bloomberg.com\/apps\/news?pid=email_us&#038;refer=&#038;sid=aHP5Ko1pozM0\" target=\"_blank\">Apple&#8217;s IPod Success<\/a><\/p>\n<p>You can&#8217;t stop people from trading music.\u00c2\u00a0 Absolutely impossible.\u00c2\u00a0 EVERYTHING <br \/>can be ripped via analog means, EASILY, and then distributed freely <br \/>digitally.\u00c2\u00a0 Via all the means I delineated above.\u00c2\u00a0 The key is to focus on the easiest <br \/>way to distribute music and monetize that.\u00c2\u00a0 Which is what Thomas Middelhoff <br \/>attempted to do by funding the original Napster.<\/p>\n<p>But other majors sued to shut the company down.\u00c2\u00a0 And then sued for copyright <br \/>infringement damages.\u00c2\u00a0 Assuming they win, whatever monies they recover will be <br \/>DWARFED by whatever would have been collected by licensing Napster and <br \/>charging people to trade music for the past SIX YEARS!<\/p>\n<p>Whatever money I had six years ago I&#8217;ve spent.\u00c2\u00a0 I&#8217;ve got the music I <br \/>downloaded from Napster, but you can&#8217;t get it from me now, because the <br \/>money&#8217;s all gone.<\/p>\n<p>The labels want to keep the old paradigm in place.\u00c2\u00a0 While trying to build a <br \/>new system, via iTunes and\/or Yahoo\/Napster\/Rhapsody, they&#8217;re leaving BILLIONS <br \/>on the table.\u00c2\u00a0 Meanwhile, not even a million people are subscribing to each of <br \/>the tethered download services.\u00c2\u00a0 In any other industry this would be <br \/>considered a colossal failure and purveyors would seek new means of distribution.\u00c2\u00a0 <br \/>Only in the record business, where non-tech-savvy baby boomers make decisions <br \/>based on decades-old models, is this untrue.<\/p>\n<p>Kids and twentysomethings may not control record companies, but they DO <br \/>control the Internet, they DO control the modern means of distribution.\u00c2\u00a0 Keep <br \/>alienating them, keep delivering what they don&#8217;t want, keep suing them.\u00c2\u00a0 As Dr. <br \/>Phil would say, IS IT WORKING FOR YOU?<\/p>\n<p><\/p>","protected":false},"excerpt":{"rendered":"<p>I just got e-mail from somebody waiting with bated-breath for my comments on this. I wasn&#8217;t even gonna say a thing.\u00c2\u00a0 This is irrelevant.\u00c2\u00a0 The kind of pyrrhic victory Mitch Bainwol and his bunch of disinformation flunkies trumpet in the media to illustrate their ongoing victory in the battle against file-trading, when they&#8217;re losing as [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2,5],"tags":[],"class_list":["post-216","post","type-post","status-publish","format-standard","hentry","category-music-business","category-online"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p96vPs-3u","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/posts\/216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/comments?post=216"}],"version-history":[{"count":0,"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/posts\/216\/revisions"}],"wp:attachment":[{"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/media?parent=216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/categories?post=216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lefsetz.com\/wordpress\/wp-json\/wp\/v2\/tags?post=216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}