'Fair use' is the cry at MP3.com
In January, the Recording Industry Association of America sued the Web site MP3.com over two recent site upgrades. CD owners can now have copies of tracks automatically saved in password-protected areas of the site for later listening from any Net device, and they can immediately download tracks of CDs they buy.
Users don't have to upload tracks from their own discs, only insert their CDs into their computers so MP3.com can confirm they possess the discs. The site already has stored music from 80,000 CDs, which amounts to an illegal database "with no permission and no license," RIAA president Hilary Rosen wrote Robertson in a letter of protest.
MP3's countersuit accuses the RIAA of libel. Rosen's response: "Ridiculous. This is a transparent attempt ... to silence criticism of (MP3.com's) infringing tactics. It won't work."
An e-mail question-and-answer session with MP3.com's Robertson:
Q: Did the RIAA's suit against MP3.com surprise you?
A: It disappointed me but did not surprise me. The entertainment industry has a lengthy track record of legal challenges to many new technologies ... the VCR, cassette player and the portable MP3 player. Ironically, those devices or services have gone on to substantially grow their market.
Q: Can you take a minute to explain the new features of MP3.com?
A: Beam-It is free software that allows music listeners to load CDs they own into their MyMP3.com account in just seconds. Once the music is in this Net-based digital locker, they can listen to their CDs from home, work or (anywhere with) Net access. ... Eventually we'll be delivering this music to portable devices like a cell phone.
Q: In the big picture, what do you think the case will result in?
A: The battle is over whether CD owners have the right to listen to their music using the latest technology or whether they have to ditch all their CDs and re-buy their music. The courts have a solid track record of supporting consumer's rights. My belief is once they understand the implications for the consumer, they'll rule in our favor.
Q: Explain MP3.com's countersuit.
A: Since MP3.com's founding, we've faced increasingly aggressive actions by the record industry trade association attempting to disrupt our business. Recently, the RIAA went so far as to call analysts who give us coverage, attempting to interfere with our relationship with our bankers. We had to take action to put an end to their bullying.
Q: Will there be a "fair use" of content by consumers in the future, or is there a possibility that content will be used on a pay-per-use or pay-per-view model?
A: "Fair use" means being able to listen to music on any device at any time and is a critical right for music buyers, even in a digital age. Digital delivery does make possible a wide array of new ways to sell music, including pay-per-view and monthly subscriptions. ... Embracing these new models is the key to growing the business.
Q: How important is the issue of the convergence of data vs. the tangibility of formats such as CD, DVD and tape?
A: It's not just a technical barrier. My generation grew up with the CD, and it's hard to break that connection to the tangible. Today's kids ... are used to pure digital delivery. So until "old" people like me die off, physical media is safe. (I'm 32, so hopefully I have a few good years in me.)
Reported by USA Today, http://tech.usatoday.com.