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Comment Re:How about this one (Score 1) 225

The main problem with the music industry is not the artists, they don't make any money off album sales; not because of pirating, but because the distributors suck every last penny from the sales. The RIAA is not made up of artists, they are made up of distributors. The distributors are no longer needed in digital distribution, so they are losing money, the artists are not losing money, as they always made their money from the live performances.

When you try to defend the music industry, really think about who you are defending because it isn't the artists.

Very well said.

I think the time will come that musicians will be making some real money from the recordings, which has never been the case before, because they get to keep a much, much higher percentage.

It was a sad day for the big labels when indie artist Amanda Palmer brought in over a million dollars ($1,192,793, to be exact), independently of the labels, to mix, distribute, and promote her new album. On her Kickstarter page there's a video where she explains the whole thing, and points out that if she'd financed the album by letting a record label do it, she herself would wind up receiving zilch from the album sales.

All she needed was a twitter account, a facebook account, a Kickstarter account, and 25,000 friends.

Comment Re:What do we think? We don't know! (Score 1) 225

I think that was just my bad wording, what I was trying to say was that he was basically telling the judges to ignore what was written down.

That's exactly what he said. The judge said something like "the statue requires that there be a sale or other transfer of ownership, or a rental, lease, or lending. So you agree that that occurred here?" The RIAA lawyer responded "well your honor you have to read the statute holistically".

I.e., the RIAA lawyer was asking the judge to ignore the clear words of the statute. Only an RIAA lawyer would have that much chutzpah. This guy was really struggling.

Comment Re:Lawyer-mp3 in remix please? (Score 1) 225

This clip is just begging to become the next big internet meme... Can't someone mix it up and put a good beat on it?

Good idea. I hope they emphasize the "holistic" argument by the RIAA lawyer; that was the high point for me.

Paraphrase:

Judge: you agree, do you not, that there must be a sale or other transfer of ownership, or a lease, rental, or lending?

RIAA lawyer: don't look at the words of the statute, those will only confuse you... you've got to interpret the statute holistically

Comment Re:The courts already ruled on the making availabl (Score 2) 225

And the courts ruled that making available is not distribution.

Correction: the lower court ruled that making available is not distribution.

Correction. THIS court, in a previous case not involving RIAA mp3 files, ruled that making available is not distribution. Which is why Judge Davis ruled that making available is not distribution.

Comment Re:Because you're not quite evil enough (Score 3, Insightful) 225

In actuality, Jamie Thomas made thousands of songs available. The RIAA only picked a small subset for trial. .... Wonder why they only tried to go for a mere 30 or so?

Think it could it have anything to do with the fact that there's no such thing as "making available" in US copyright law?

Comment "Holistic"? Give me a break (Score 2) 225

This is, I guess, the lighter side of the Law.

My favorite moment in the argument was when the judge asked the RIAA's lawyer (Paul Clement) whether he agreed that the statute requires, for distribution, that there be a sale or other transfer of ownership, or a license, rental, or lending. And Clement asked the judge not to rely on the words of the statute, but to read the statute 'holistically'.

I never knew the RIAA was so holistic. Maybe next they'll be wearing beads and tie-dyed t-shirts.

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I'd rather just believe that it's done by little elves running around.

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