Posts Tagged “copyright infringement”

Today’s Supreme Court ruling against Aereo proves that even the younger Justices don’t “get it”. What is really ironic is that the over-the-air broadcasters will find this a Pyrrhic victory. The Aereo service is used by people who don’t own TV’s (except to use as display devices for their computers, e.g., Netflix) and don’t subscribe to cable – broadcasters (particularly the local stations) have just cut off their best hope for capturing these eyeballs.

And who are these people? The younger generation. Neither of my daughters (~30 years old) have TV’s and, except for special events (e.g., World Cup) have little interest in getting cable. They certainly would not pay for cable to get their over-the-air local stations.

Over the air TV is becoming the Republican party of content delivery – its audience is growing older every day.

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Although it’s been all over the news I thought I’d mention that the Joel Tenenbaum was ruled guilty (based on his admissions in court) of illegally downloading 30 songs. His punishment? Nearly $700,000.

He says he plans to appeal the decision – based on the fair use doctrine – but I think he personally would be better served appealing the sentence.

He did knowingly “steal” the copyrighted music? Sure. I don’t believe for a moment that he didn’t know the record companies wanted and expected payment for each copy of the songs nor do I believe he thought he was making fair use of these songs.

What’s out of whack is the $22,500 penalty per song and the singling out of just a few individuals out of the many thousands who were/are just as culpable.

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The Boston Globe reported today that live internet coverage will be available to cover next week’s (2PM, Jan 22) initial hearing of the trial of a Boston University graduate student who is being sued by the RIAA for downloading music illegally. Reportedly the hearing will be streamed to the site of Harvard’s Berkman Center for Internet and Society. This is a trial run, so to speak, and further streaming of the trial is not assured.

The RIAA fought the ruling by Federal Judge Nancy Gertner, who, it is reported, noted that the RIAA’s position was at odds with its previously stated goal of prosecuting the few to deter the many; if you are trying to deter the wired generation from illegal downloading, isn’t streaming the trial the best way to reach your intended audience? (Of course, the RIAA realizes that losing the case in front of this audience would be a disaster in their campaign, which realization explains their concern).

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