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	<title>Comments on: Supreme Court Rules for Music Industry in File-Sharing Case</title>
	<atom:link href="http://www.richardsilverstein.com/tikun_olam/2005/06/30/supreme-court-rules-for-music-industry-in-file-sharing-case/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.richardsilverstein.com/tikun_olam/2005/06/30/supreme-court-rules-for-music-industry-in-file-sharing-case/</link>
	<description>essays on politics, culture and ideas including Middle East peace, world music, children, family and the outdoors.</description>
	<pubDate>Fri, 16 May 2008 06:02:28 +0000</pubDate>
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		<title>By: Bruce Adelsohn</title>
		<link>http://www.richardsilverstein.com/tikun_olam/2005/06/30/supreme-court-rules-for-music-industry-in-file-sharing-case/#comment-869</link>
		<dc:creator>Bruce Adelsohn</dc:creator>
		<pubDate>Fri, 01 Jul 2005 17:22:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.richardsilverstein.com/tikun_olam/?p=802#comment-869</guid>
		<description>&lt;i&gt;I’m left scratching my head as to how the Groksters of the world might adapt their system so that it could still stay within the law (as defined by David Souter and his friends).&lt;/i&gt;

Suggestions I have heard or conceived all revolve around two specific additions to the system: pervasive disclaimers and possible flags for copyrighted material, enabling the system to block those files when identified.

I do believe that the burden for providing those IDs ought to be on the copyright holder; the RIAA and MPAA ought to be able to identify the items on which they make inordinate profits while the artists mostly just get by.  No, I have little to no sympathy for their position; study after study tells us that filesharing increases, rather than decreases, purchases of music and movies.   Otherwise how do we explain things like &lt;a href="http://www.itunesperipod.com/" rel="nofollow"&gt;the low percentage of songs from ITMS on iPods&lt;/a&gt;?

A good analyst on the subject (being one of the attorneys involved peripherally with Grokster, and directly with the even worse Brand X decision) is Harold Feld, who writes Tales from the Sausage Factory at &lt;a href="http://www.wetmachine.com" rel="nofollow"&gt;Wetmachine&lt;/a&gt;.  I know he's got some stuff going on that distracts him from focusing on his writing, but when he does, he's among the best.

I know how I enjoy music.  I make it.  I listen to it.  And I ignore pompous windbags who make money out of others' creativity.</description>
		<content:encoded><![CDATA[<p><i>I’m left scratching my head as to how the Groksters of the world might adapt their system so that it could still stay within the law (as defined by David Souter and his friends).</i></p>
<p>Suggestions I have heard or conceived all revolve around two specific additions to the system: pervasive disclaimers and possible flags for copyrighted material, enabling the system to block those files when identified.</p>
<p>I do believe that the burden for providing those IDs ought to be on the copyright holder; the RIAA and MPAA ought to be able to identify the items on which they make inordinate profits while the artists mostly just get by.  No, I have little to no sympathy for their position; study after study tells us that filesharing increases, rather than decreases, purchases of music and movies.   Otherwise how do we explain things like <a href="http://www.itunesperipod.com/" rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outbound/comment/http://www.itunesperipod.com/');">the low percentage of songs from ITMS on iPods</a>?</p>
<p>A good analyst on the subject (being one of the attorneys involved peripherally with Grokster, and directly with the even worse Brand X decision) is Harold Feld, who writes Tales from the Sausage Factory at <a href="http://www.wetmachine.com" rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outbound/comment/http://www.wetmachine.com');">Wetmachine</a>.  I know he&#8217;s got some stuff going on that distracts him from focusing on his writing, but when he does, he&#8217;s among the best.</p>
<p>I know how I enjoy music.  I make it.  I listen to it.  And I ignore pompous windbags who make money out of others&#8217; creativity.</p>
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