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story category Music Label Pays Filesharers RIAA Defense
Canadian company dislikes RIAA tactics...
(old news - 08:55AM Friday Jan 27 2006)
tags: legal · Fileswapping
Canada's biggest record label, publisher and management company is helping out a family sued by the Recording Industry Association of America (RIAA) for copyright infringement, reports the Register. The family downloaded songs by artists the company represents, and according to the company CEO, "The current actions of the RIAA are not in my artists' best interests."

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Forums » Music Label Pays Filesharers RIAA Defense
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LilYoda
Feline with squirel personality disorder
Premium
join:2004-09-02
Mountains

press coverage

Sounds like a cheap way for that label to get good PR, and lots of press coverage.
If the defenders get a good defense, why not...

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: press coverage

I think it's more than just getting good press. This is the first time I've heard of a record label actually going to the mat over an artist's wishes regarding their fans getting sued for file trading. And a notable artist at that. The RIAA has always put out a smokescreen saying they do what they do to protect their artists. Hogwash. They do what they do to protect the interests of their members. Namely the major record labels.

Sure Nettwerk Music Group is going to get some good press by this and sure they will make some customers happy (and probably get new ones in the process), but more importantly they are one of the few labels actually going against the RIAA grain. They are taking a risk doing that due to angering the RIAA members, which can end up with all sorts of nastiness here in the states (distribution problems, lack of airplay, touring conflicts, etc). If only more labels would stand up to this nonsense like they are.
audiog

join:2004-08-09
Detroit, MI
This label is a small fish compared to the Big American labels that know that file sharing helps the small labels to get their artist heard by the public. Small labels don't have the money to pay radio to play their music like SonyBMG or Universal.

SRFireside

join:2001-01-19
Houston, TX

Re: press coverage

Actually Nettwerk Music is the biggest label in Canada. The artist in question is Avril Lavigne. Check out the article. This is bigger than just an indie label going toe to toe with the RIAA.
audiog

join:2004-08-09
Detroit, MI

Re: press coverage

Yes big in Canada but compare it to SonyBMG, Universal, WarnerMusic and it is little in the RIAA. Nettwerk Music Group is still a little guy that started on-line radio stations to get their artist there instead of signing a bad deal with the Big guys.

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: press coverage

They are big enough. They have offices in Toronto, New York, Los Angeles, Boston and London. They are considered a big player in regards to who they manage with acts like BT, Sarah McLachlan, Dido, BT, Sixpence None the Richer, Tiesto, Margaret Cho, Barenaked Ladies and others. They have distribution deals with RCA, Chrysalis and Arista. They have sold over 100 million albums for a roster of about 85 artists in their pool. Sony might be bigger, but these guys are big enough for the industry to stand up and take notice.

Slow Poke Rodriguez

@bls.com

said by SRFireside See Profile :

Big enough. Nettwerk is the biggest record label in Canada.
That's like saying, "My cousin Speedy is the fastest mouse in all of Mexico". It's an interesting fact, but no one cares or gives them a second look.

james

join:2001-02-26
antarctica

Re: press coverage

And what you said is like saying, "I'm an ignorant prick and my country is the centre of the world.". It's an interesting fact, and it shows the world what an arse you are.

bentman78
Bentley

join:2004-04-16
Arlington, VA


2 edits

Re: press coverage

uh oh....someone has a case of ADS (American Derangement Syndrome).

It's a horrible illness that makes liberal beatnik Eurotrash and Socialist Canadians turn beet red and boil with anger whenever they hear something related to the Stars and Stripes. Makes all logic and reason fly out the window and the infected person because defensive and irrational....

Mind you not all suffer from this, just the ones who think America is the root of all evil whilst not realizing their own countries have corrupt hidden agendas as well. Other common symptoms include:
-hippocritical chastising of America's "Imperialist" policies while conveniently forgetting the fact their people systemically raped the Afican landscape and nearly destroyed the indigenous populations of Africa.

-Criticizing Israel and the USA's Middle East policy while conveniently forgetting the Britons were the ones who carved up Palestine and Iraq/Iran without regard to ethnic heritage, culture, language or religion.

- Calling Bush names such as Hitler while forgetting two world wars were fought and hundreds of millions of people were cruelly and savagely killed on their own lands due to over zealous nationalism and dick waving...

- Superiority complex because they think they are more intelligent than the average US citizen...despite the fact everyone is fighting to get into school here.

- Call Americans warmongers...but won't talk about the past one thousand years of brutal colonialism and religous crusades spawned from their people.

- Two words...National Socialists...

Most cases break out in France, Spain and Germany, with mild breakouts in the UK (usually with males) and Canada......

If you encounter anyone with this terrible affliction, do not bother to debate with them and they will only get angry and call you a Yank, Cowboy, Ami, or pig...but will still buy American clothes, watch American TV and listen to American music.

anon321

@cable.rogers

Re: press coverage

Typical arrogance shows itself again

bentman78
Bentley

join:2004-04-16
Arlington, VA

Re: press coverage

coming from an anonymous coward....go figure. Don't have time to register because your out hugging trees?

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: press coverage

Okay, then I'll say it. You really went way off on a tangent just to respond to a single statement. You took that statement to an extreme that just didn't seem to be warranted. The first unregistered poster WAS showing arrogance in saying nobody cares about another country's "best". The response wasn't all that shocking. Considering we're talking about a record company in Canada I'm not sure how we got to "don't talk smack about America, the rest of the world is just as bad" jazz.

Oh yeah, jamessympatico is apparently from Canada. None of your points had anything to do with that country.
amungus
Premium
join:2004-11-26
America
clubs:

and isn't it ironic

don't ya think?

incredible

the irony...
bostonkarl

join:2003-07-09
Arlington, VA

Re: and isn't it ironic

like a black fly in your chardony
rileyjam514
There You Go Again...

join:2005-06-26
Kearny, NJ

Re: and isn't it ironic

like a death row pardon, two minutes too late.
gatzdon

join:2002-10-25
Lake Zurich, IL

Get it straight

They are being sued for UPLOADING not downloading. There is a big difference. It is the RIAA's intention to get the public to confuse the two.
ossito16

join:2004-07-31
Whiting, IN

Re: Get it straight

I agree with that so much. It should be printed anytime there is a story about RIAA/MPAA. Downloading is legal, uploading/sharing is not. Class write this 100 times.

Jason Levine
Premium
join:2001-07-13
Albany, NY

Re: Get it straight

Actually, downloading is illegal. Check out the Napster decision.

The district court further determined that plaintiffs’ exclusive rights under § 106 were violated: “here the evidence establishes that a majority of Napster users use the service to download and upload copyrighted music. . . . And by doing that, it constitutes–the uses constitute direct infringement of plaintiffs' musical compositions, recordings.” A&M Records, Inc. v. Napster, Inc., Nos. 99-5183, 00-0074, 2000 WL 1009483, at *1 (N.D. Cal. July 26, 2000) (transcript of proceedings). The district court also noted that “it is pretty much acknowledged . . . by Napster that this is infringement.” Id. We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holders’ exclusive rights: the rights of reproduction, § 106(1); and distribution, § 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs’ distribution rights. Napster users who download files containing copyrighted music violate plaintiffs’ reproduction rights.
Napster asserts an affirmative defense to the charge that its users directly infringe plaintiffs’ copyrighted musical compositions and sound recordings.
It's just much harder to prosecute. You would have to prove each individual download and launch a lawsuit against each one. It's more effective (both cost wise, time wise and "get the files off P2P" wise) for the RIAA to sue one large file sharer than to sue a hundred downloaders. For the RIAA the question is: Do you swat at flies or get rid of whatever is attracting the flies?

Of course, that doesn't say anything about the bad PR that the RIAA gets from their lawsuits, the ridiculous push they make to settle the suits (complete with threats), or the financial inability of their targets to defend themselves.

If my opinion were to become law, there would be two classes of copyright infringement. "Commercial Infringement" would be for the CD Press operations that burn illegal copies and sell them on the street. "Casual Infringement" would be for the home user who just uploaded a copy of a copyrighted music file to a P2P group (or downloaded such a file) without the copyright owner's permission. Commercial Infringement would carry the fines that it carries today. Casual Infringement's fines would be much lower. I would also enact a law that would make the RIAA's Sue-Then-Pressure-To-Settle tactics illegal. (Settlements are ok, but the strong arm tactics they use clearly are meant to keep the cases out of court lest the RIAA lose some cases.)
--
-Jason Levine
My Gallery | Jason's Toolbox | PCQandA.com | URateit.com
spiralspirit

join:2005-10-01
Canada

Re: Get it straight

WELCOME TO CANADA, WHERE DOWNLOADING MUSIC OF THE INTARWEB IS NOT ILLEGAL.

American court decisions dont apply in Canada.

Jason Levine
Premium
join:2001-07-13
Albany, NY

Re: Get it straight

Actually, the lawsuit is taking place in the USA because that's where the family lives. The Canadian record label is getting involved because their artists' songs are named in the suit. See »arstechnica.com/news.ars/post/20···065.html for more information (including why this record label's CEO is against the current DRM solutions).
--
-Jason Levine
My Gallery | Jason's Toolbox | PCQandA.com | URateit.com
spiralspirit

join:2005-10-01
Canada

Re: Get it straight

touche...didnt catch that from the text.

shane349
Premium
join:2005-03-21
Delta, OH

w00t

finally, one for the good side.
tquade

join:2000-10-14
Regina, SK

Nettwerk

Take a look at their web site »www.nettwerk.com/

They do not strike me as small players.

Ted

Combat Chuck
Too Many Cannibals
Premium
join:2001-11-29
Erie, PA

Re: Nettwerk

Having a lot of bands and a couple names you've heard of doesn't make them a big player. Just go look at Sony.

SRFireside

join:2001-01-19
Houston, TX

Re: Nettwerk

Big enough. Nettwerk is the biggest record label in Canada.

not quite right
I'm not cool enough to be a Mac person

join:2001-06-23
Puyallup, WA

Two thoughts.

#1- Canada...you guys ROCK!
#2- "The current actions of the RIAA are not in my artists' best interests." "The current actions of the RIAA are not in ANY artists' best interests."
--
Hey...look another dead horse...let's beat it to death.
drakus

join:2002-07-12
Valparaiso, IN

RIAA in inerest of its companies NOT!!!

RIAA is more interested in making all their money instead of the companies they represent!!! Think about it. The Artist/Group only gets approximatly 5-7% of all monies earned from the sales and concerts. The artist/group is doing all the work and getting nothing in return. They should also be getting more like 75% of net profits, not 5-7%. These companies do not care about them, they just want their money!!!
Cyron

join:2002-09-24
Charlotte, NC

Re: RIAA in inerest of its companies NOT!!!

They also get 0% of the money from these lawsuits.

guitarzan
Premium
join:2004-05-04
Skytop, PA
·epix

One other notable item needs to be corrected on behalf of all artist's.
The artist's need to stop touring in support of cd sales,to put it another way the cd release needs to support the touring artist.

If the artist/group only realize 5-7% income from sales of musical content,Thatsa lot of work for practically nothing.The artist/groups should start selling their live concert shows directly to the public.Then take 5-7% of that new revenue income, donate it to charity or a good cause and expose the true nature of the beast (RIAA) for what it is.

Besides, downloading songs from your favorite group has no effect on artist's, as they receive a cash advance from its label,However the label is the one responsible for raking the artist's over hot coals for every last dime they extort from the artist's cash advance.It's not the fans screwing over artist's but the artist's own label, that's screwing em at both ends.The labels have contracts allowing them to do so..legally.
--
Bass....the glue of rhythm and harmony...the heartbeat of the band.! Shaking the earth with deep,sonorous vibrations.The dark ominous thunder of an approching storm.
BVT

join:2004-10-25
Mount Juliet, TN

Re: RIAA in inerest of its companies NOT!!!

That is not true of all artists as some get bonuses based on sales.
spiralspirit

join:2005-10-01
Canada

Not exactly accurate. The artist may be writing/performing the music, but there is much more to the making of an album, including recording, mixing, CD production+shipping, advertisements, contracts with various distributors, etc.

Any artist willing to do all of this themselves can certainly try to both be musicians and businessmen, but the reality of the situation is that there is alot of work done OUTSIDE of the actualy music making that requires many man-hours and resources.

Jigsaw
Stardust We Are
Premium
join:2000-10-21
Cleveland, OH
·Cox HSI

Re: RIAA in inerest of its companies NOT!!!

said by spiralspirit See Profile :

Not exactly accurate. The artist may be writing/performing the music, but there is much more to the making of an album, including recording, mixing, CD production+shipping, advertisements, contracts with various distributors, etc.

Any artist willing to do all of this themselves can certainly try to both be musicians and businessmen, but the reality of the situation is that there is alot of work done OUTSIDE of the actualy music making that requires many man-hours and resources.
Well these guys been doing it for Some time Alone and from what im seeing better off.
»www.marillion.com/home.htm
--
»www.auralmoon.com/html/ Open your mind and your ears.
spiralspirit

join:2005-10-01
Canada

Re: RIAA in inerest of its companies NOT!!!

ya except I have no idea who they are, whereas I cant turn on the radio for 10 minutes without an avril levigne song coming on. No competition.

Jigsaw
Stardust We Are
Premium
join:2000-10-21
Cleveland, OH
·Cox HSI

Re: RIAA in inerest of its companies NOT!!!

said by spiralspirit See Profile :

ya except I have no idea who they are, whereas I cant turn on the radio for 10 minutes without an avril levigne song coming on. No competition.
Well lest for me i really don't even bother with the radio anymore Honestly to me there is nothing but crap on it anymore when i do turn it on.I really don't gage a band by if there on the radio because the real bands you will never hear of and there a hell of alot better than the stuff they have on the radio IMHO.
--
»www.auralmoon.com/html/ Open your mind and your ears.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

Have you looked at the latest reports...

From the record companies? Their profits are down, way down. Frankly, they have gone beyond protecting their product and now have identified "The War on P2P" as a revenue stream.

Why?

Because the people in power at the record companies are incompetant, terminally taken with themselves and their personal sense of their god-like wonderfulness and, quite frankly, their marketing model, of which MTV is the lynchpin, just ain't cutting the ice no mo'(MTV clearly states that they are not about music. They sell "lifestyle", whatever that is). Top that with an increasing sense that the music industry is kinda like the Capone Family these days, and you got problems.

Add it all up and you got "Loosers". Which makes sense because the numbers clearly show their business model and the music they are releasing is losing. Big Time. So they are resorting to legal harassment and borderline barratry.
grandpinaple

join:2006-01-03
New York, NY

Re: Have you looked at the latest reports...

Every once in a while I come across a post that puts my opinion into words.
dentman42

join:2001-10-02
Columbus, OH
Not about music? Are you implying that MTV ever played music?

viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL
·Bright House

The Question and many unanswered

This is a problem when you have a record label making deals with other record companies for distribution. Who really holds the copyright here, the record label or the record company that distributes the music? Cause it seems the RIAA thinks they hold the copyright even if it is just for distribution.

If the record label holds the copyright, then why do they need to defend this family against the RIAA? The record label can just tell the RIAA to drop the suit against this family, we (the record label) will have no part of it.

vincent9993

join:2001-08-14
Montreal, QC

My thoughts at first but...

The lawsuit might have other lable comapnies being represented.

Iceblink8
By your command
Premium
join:2002-03-21
San Diego, CA

Nettwerk and the RIAA

Nettwerk is also the home of Sarah McLachlan,Delerium,Conjure One,Tiesto,BT,Paul Van Dyke,DJ Collete,Margaret Cho and Ivy both here in the USA and Canada.Really good label and they don't put out any of that rap crap.Mostly alternative,indie and electronic wich is getting harder and harder to find these days with all the record executives convinced that everyone wants to hear bad hip hop.Maybe this is why record sales suck.Wake up guys.Start putting out more music like you did in the 80's and 90's something besides hip hop.You guys killed rock and techno and record sales die.Get it?Only teenyboppers care about that crap anyhow...

See 9 replies to this post
grandpinaple

join:2006-01-03
New York, NY

WOW

I didn't know music corporations had souls. This has gotta make the Guiness book for 2006.
bigpoppa206

join:2005-03-29
Seattle, WA

Re: WOW

Right after RCA Records and BMG Distribution drop Nettwerk's distribution deal!

Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
·AT&T U-Verse
·RoadRunner Cable
·AT&T Yahoo

Time for Nettwerk to go Indie

With such anti-cartel actions as this, they don't look
too good in the eyes of the RIAA. Maybe it's time for
Nettwerk to shake off the RIAA's influence and become
an independent label who cares more about their artists
and their customers than the bottom line.
--
"Kayura or Badamon, whichever you are, you should know that I will never give up this battle. By the will of the Ancient, I shall succeed!" - Shuten (Anubis) from the Ronin Warriors. Taking the 'L' out of Play: the Big Music/Hollywood Mantra

cork1958
Cork

join:2000-02-26
Fruitport, MI

1 edit

Regarless

Regardless of how big or small the company is, this is cool of them!!

Even a better deal if the people actually get decent defense representation!!
DSLdewd

join:2004-06-05
Denver, CO

Re: Regarless

I agree with Cork, this is good of them. Someone needed to stand up in the industry and say that this just isn't the right way to fix this.

SnafuJohn

join:2002-02-14
Freehold, NJ

Death of the Music Industry

Back in the late 70s/early 80's when i worked in a "record store" I recall a campaign by The Big Record Label Conglomerate called "Home Taping Is Killing Music" - a slogan which they printed on LP inner sleeves along with a Skull and Crossbones. Like us kids with Radio Shack cassette recorders were going to do them in. My how times have changed.

andyb
Premium
join:2003-05-29
SW Ontario

A bit more indepth info

A bit more indepth article on the subject

»www.informationweek.com/security···77104855
vanDSLuser
Unimaxx for your biz
Premium
join:2004-07-28
West Vancouver, BC
·TELUS

Guess What

Guess what. I'm going to walk down the street a bit, give Nettwerk a visit and congratulate them for allowing me to enjoy the music of their artists without DRM and for helping defend against the all mighty RIAA which claims to represent all of the music.

In case you want to give them a call

Nettwerk
1650 West 2nd Avenue
Vancouver, BC
Canada
V6J 4R3

Phone: (604) 654-2929
Fax: (604) 654-1993
Email: info@nettwerk.com

Is the contact info

Happyrat
Google Is Your Best Friend
Premium
join:2002-07-01
Disneyland
·Look Communications

I think I'll Go Out & Buy An Avril Lavigne CD...

First thing tomorrow

Seriously, this is a nice story in the world of P2P...

Then again...

[Paranoid Mode=ON]

What about the possibility that Nettwerk is actually a shill in this little courtroom game to insure that the defendants lose the case, thereby establishing a precedent for all time to come that filesharing lawsuits shall be considered a "done deal?"

[Paranoid Mode=OFF]

Then again, I still like Avril's music and I wouldn't mind having a copy of "Skater Boy" in my collection
--
Crime wouldn't pay if the Government ran it...»www.fuzzyrat.com
peerimpact

join:2005-11-07
Londonderry, VT

Not all p2p infringes copyright

Downloading and Uploading is only considered to infringe copyright law if its not permitted by the copyright owner.

The RIAA is hurting all p2p when they continue to brand peer to peer as a rouge technology. There are legitimate uses for peer to peer technology from the distribution of operating systems (Linux) ,VIOP and the distribution of copyrighted and Creative Commons content .

www.peerimpact.com one industry sanctioned peer to peer content distribution service.

justlittleoldme

@comcast.net

Re: Not all p2p infringes copyright

Yeah and stealing is stealing!
Forums » Music Label Pays Filesharers RIAA Defense


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