Music Industry Expert Hopes P2P News Sites Get Banned

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  • admin
    Administrator
    • Nov 2001
    • 8954

    Music Industry Expert Hopes P2P News Sites Get Banned

    The Obama White House's IP Czar, Victoria Espinel, produced a white paper recently in which she called for unauthorized streaming to be made a felony, and would allow law enforcement agencies to deploy wire-taps to catch those responsible for the streams.

    Under the proposed changes, streaming may be reclassified as "distribution of copyrighted works". Streaming is currently classified more like a public performance, which is not a felony. And by making unauthorized streaming a felony, law enforcement agencies will then have an easier time dealing with suspected stream operators, with access to the full range of enforcement tools, such as wire-taps.

    However, music industry expert Moses Avalon thinks that this will mean just more than a harsher penalty for streaming website operators. Avalon believes that the proposed changes are also aimed at P2P users, perhaps because P2P has a upload component that could be considered streaming. But Avalon, who has also authored several books and is also a Grammy award winner, hopes this will also put an end to websites that discusses any form of P2P, specifically citing TorrentFreak as an example.

    In fact, on the list of websites that Avalon says should/could be shut down includes legal streaming service GrooveShark and even the RIAA approved iMesh. When an user commented on that TorrentFreak was a news website, and that both GrooveShark and iMesh were legal websites, Avalon's response on his website was "Yes, actually I am aware of all those things. Your point…?"

    Avalon also listed websites that he hopes will have their first amendment rights be curbed, to stop "promoting" P2P usage. He hopes that Internet rights groups, such as the EFF, will be curbed by any new laws, hoping to see "far less promotion of the P2P lifestyle on these sites now that use of the services themselves may become a felony". wired.com, slashdot.org, and even cnet.com also made Avalon's list.

    Links:

    President Obama's so-called "IP Czar" Victoria Espinel yesterday delivered a 20-page white paper containing her recommendations for future legislation, calling on Congress to make changes in order to make it easier to clamp down on copyright infringement. Among the recommendations are calls to turn streaming into a felony alongside authority to wiretap in copyright cases.


    TorrentFreak will soon cease to exist because of new legislation being considered by the Obama administration, a prominent music industry expert has announced. But we're in good company. Music streaming service Grooveshark and the RIAA-approved iMesh will have to go too, and news sites like Wired, Techdirt and Slashdot will have to change their tune drastically so as not to upset the battered music industry.


    Last edited by admin; 25 Mar 2011, 12:55 PM.
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  • Moses Avalon
    Junior Member
    Junior Member
    • Mar 2011
    • 1

    #2
    Music Industry Expert Reponds to Obama P2P Shut Down

    Thanks for raising awareness about this important issue. There are a couple of things I think you might have misinterpreted however, so, I’m going to tweak a point or two.

    1- Nothing in my piece says that I “hope” or “wishe” that P2P “news” sites get banned. I would not want them to be banned for the same reason I would not want any site banned; it creates a slippery slope of where free speech ends.

    What I meant is that P2P “news” sites (which I characterized as “P2P lifestyle” sites) would attract the attention of US Federal and local authorities if (and “if” should be emphasizes) Congress takes Obama’s recommendations to heart. History says they are very likely to.


    Will these site’s owners then go to jail? I doubt it, but it would not surprise me to learn that will be hiring lawyers to defend their websites. That you can count on. They will be putting their money where their mouth is and finding out that “free speech” is rarely free. It usually costs quite a bit when you’re promoting something that is arguably legal.

    2- You said above, <<< Under the proposed changes, streaming may be reclassified as "distribution of copyrighted works".>>>

    That is a miss quote. Under the WP’s recommendations “illegal streaming” would be given the status of “financial espionage.” That crime carries mandatory jail time.

    3- <<< Avalon believes that the proposed changes are also aimed to P2P users, perhaps because P2P has a upload component that could be considered streaming.>>>

    Thank you. You’re the first person so far to get it right. TorrentFreak got it wrong as did many other sites. And I’m a bit tired of critics of my piece pulling the term “P2P” out of context and saying things like “Streaming is different that P2P.” I know they are different, but in the context of this issue they are virtually the same and--- this is not actually my opinion at all. I’m just restating what several other legal experts believe. They feel that “illegal streaming” is code for “illegal use of P2P.” We’ll see if that’s pans out.

    4- <<< Avalon, who has also authored several books and is also a Grammy award winner,>>>

    My books are required reading in many, many schools, and I have worked with a bunch of Grammy winning artists, but I myself have not won a Grammy. Maybe someday. I did receive several platinum records in my days as producer/engineer. Ancient history, however. Now I’m just a consultant/author/music business expert.

    5- <<>>

    Accurate, but not exactly true. These sites are not “RIAA approved.” They have licenses in place with some labels, but if the law changes don’t think for one second that the major labels they have licenses with will sit comfortably now that labels will have a bigger stick with which to leverage these services. The labels are not happy about what any of the so-called “approved” sites do and will likely look for opportunities to juice their licenses when the time comes.


    =====


    That’s all. Thank you for the opportunity to address your readers. All this argument can be nothing but good for everyone. Through intelligent and respectful debate we learn from each other. I have learned a lot by reading the responses to my piece. Hopefully it has been a meaningful exchange for everyone.

    Comment

    • Budreaux
      Super Member
      Super Member
      • Jan 2006
      • 278

      #3
      How bout a link to your exact wording then. Let us determine what was misquoted.
      All in all, it's the lobbiest that are driving this whole issue.
      If the record and movie industries would actually evolve like the rest of the world, they would quickly learn that their attacks on P2P will do them more harm than good. They need to learn to streamline their business models instead of blaming their shortfalls on the consumers.

      Comment

      • admin
        Administrator
        • Nov 2001
        • 8954

        #4
        What is "P2P lifestyle"? That TorrentFreak somehow "encourages" young people to commit crimes by voicing a different opinion on the industry's anti-piracy stance?

        Should we then ban music that promotes the "gangsta lifestyle" (because I'm pretty sure the song "**** Tha Police" wasn't suggesting people have consensual sexual relations with law enforcement officials, and that it was suggesting something rather more illegal than downloading MP3s)? Ban movies and TV shows too that glorify crime, perhaps.

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        Comment

        • drfsupercenter
          NOT an online superstore
          • Oct 2005
          • 4424

          #5
          LOL admin, I agree. Nice post. I'd click a Like button if I could
          CYA Later:

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