You have undoubtedly heard about the injunctions and the motions and lawsuits and all the legal technicalities of the Recording Industry Association of America’s battle with Napster. The lawyers must be advising the RIAA that they can have an impact on music piracy– and their bottom line– by winning a few court battles against the software giant.
What is most interesting is not who is in court today, but who is not in court today. Napster, my friends, is a scapegoat. Why did the RIAA not file the same motions, injunctions, and lawsuits against Microsoft? Why is Creative Labs sitting there untouched? Why is Yamaha unscathed? Who gave a special blessing to Samsung? Winamp? Music Match? Audio Catalyst? Sonique? Creative Labs? Philips? Iomega?
If you read the advertising for Windows ME and XP and whatever other version of Windows Microsoft is promoting these days, you may have noticed that Microsoft thinks you want to play music on your computer. It has incorporated all kinds of features to allow you to easily and conveniently rip, download, store, and play MP3 files. You can even store them in a directory called “My Music”! Microsoft is obviously trying to profit from the consumer’s demonstrated interest in pirated music.
And Microsoft isn’t the only corporation benefiting from the digital revolution in music. Yamaha makes speakers that are designed to be used with computers, and almost certainly used to play illegal music files. There are now players from Rio, Sony, Creative Labs, Iomega. How come all of these companies are off the hook?
Could it be because they have better lawyers than Napster, the tiny little upstart, does? Could it be that the RIAA is being arbitrary and selective about trying to enforce it’s copyrights? Could it be that the law is an ass, and the RIAA are even bigger asses?