The story in question is about a guy that got sued $9000+ for every song on his computer.
  This is the note I sent to Warren Cosford's list:

This story is a combination of bad reportage and Urban
Legend. He actually got busted because his downloads
were in a file called "Shared Files", meaning others
could grab the music off of his computer with any P2P
client they happened to have.

Suing your customers for your own incompetence seems a
bit harsh. The Record Industry is to blame for their
current woes, but for some reason, keep pointing
fingers at everyone except their own in-house decision
makers.

Here's the facts:

01. During Napster's reign on the internet, CD sales
were at the highest they had ever been. Did the Record
Industry see this as the new paradigm for distribution
with NO warehousing, NO manufacturing, and NO
marketing costs and MONETIZE downloading?
No.
They destroyed Napster.

02. Remeber Warner/Reprise, Elektra, A&M, Atlantic,
Chess, etc?
These labels built careers. They signed artists with
talent and left them alone creatively, investing in
the artist's careers and fostering a trust with their
customers that was unparalled in the the music
business.
The music was the star. Radio played the songs, the
listeners decided what they liked, things were
exciting and simbiotic.
Now the executives think they're the stars, talent
doesn't enter into the picture, and music? Well...they
have writers of hits for the casual listener, but no
careers. Now they scramble to find the next big thing,
the flavor of the month, and people who love music are
not interested.

03. The last time I was in a brick and mortar record
store I was amazed at how badly it was stocked and I
was treated.
I use paid internet sites to get my
music/movies/television now. I have Mose allison,
early George Carlin, the Gee Records Doo-Wop groups,
and tons more...ALL catalogue material the the Record
Industry refuses to make available. With the exception
of Rhino, Collector's Choice, and a few other re-issue
labels, the Record Industry does not care about music
fans...they care about big bucks right now. And what
catalogue IS available isn't generally in brick and
mortar stores...IT'S ONLINE.

Some advice.

If you want to save the CD album, start signing
artists that can come up with more than one good song.

Monetize the net and put up your catalogues. Someone,
somewhere wants everything you put out.

No DRM, and 20-10 cents a download seems right. You
take a fee of a few cents, the rest goes to the
artist. Volume, volume volume.

The Indies have proven that radio is not needed to
break acts or records anymore. How? Good product,
viral marketing, and word of mouth. Learn from them.

Take a tip from EMI and quit funding the RIAA. They
have only destroyed your street cred, ruined your
reputations, and set the new playing field back about
10 years with their scare tactics.

Quit blaming everybody for your ongoing problems and
clean house.

...and radio?
Be thankful that Internet radio, Satellite, iPods, etc
exist. They are the door through which the wiser of
you will pass and start playing regional and local
acts, listen to your listeners, and plug back into the
community with club shows and a prescence on the
street.
Elvis, Beatles, Doors...hell EVERY great artist broke
locally, THEN spread...that resource has been denied
to you for the last 10-15 years. Take it back. There
is more great music being made right now than any
other time in history. Music isn't what's gone bad...

Rant over, Love ya Warren, and Happy New Year
everybody!

segarini




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