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Feb 1, 2002 RIAA Tripping (Over Its Own Words) Looking for some more RIAA double talk to chew on? The RIAA rep quoted on this story is responding to reasonable speculation that the labels are worried about antitrust, licensing and copyright issues being investigated in the Napster case. Here is the excerpt from the above ZDnet story. --- The Recording Industry Association of America says its request for a temporary cessation of hostilities stemmed from more immediate concerns, however. It wants to make sure a settlement is made before Napster's wallet runs dry, the group says. "Our companies are not worried about these claims," RIAA general counsel Cary Sherman said in a statement. "They are worried that time is running out on Napster's ability to pay damages." --- So the companies (labels) are not worried about these claims and are only worried that time is running out on Napster's abilitiy to pay damages? In a word - BULLSHIT! If the labels are worried about time running out, why would they give Napster another thirty days to run up expenses. It was the labels who asked for the thirty day suspension of the case - wasn't it??? Napster was sued by the RIAA over two years ago. Again, if the RIAA is so eager to settle this case before Napster runs out of money, why weren't settlement discussions with Napster initiated immediately after suit was filed. The labels could have saved themselves a whole lot of time and money on this case. After going all out to win this case for over two years, all of the sudden, the labels are anxious to settle during the damages portion of the case? And remember, this is a case that they've already won? Something to hide maybe? Whether or not Napster settles is irrelevant at this time. Since Napster has the labels over a barrel, they should ask for the moon. Quite unexpectedly, the Napster case is becoming the Curt Flood case of the music industry. Although Napster did not successfully defend their case (Flood also lost his case), it has paved the way for another case which may drastically alter the music licensing and copyright landscape. If Napster settles, there is a long list of defense attorneys who are keeping a close eye on this case and formulating their attack strategies. Now that the labels major weaknesses have been exposed, any adequate attorney can rip them apart. The blue prints have been provided by the skillful Napster attorneys. Credit should also go to Judge Patel for smelling a rat. It is unknown whether or not this surprising development will make the labels a bit more gun shy to file lawsuits against copyright pirates. It only takes one case to lose your pants - especially if you have something interesting to hide. Sphinx |
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