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Recording Industry Association of Japan wins major P2P case

Written by James Delahunty (Google+) @ 05 Apr 2005 8:41 User comments (11)

Recording Industry Association of Japan wins major P2P case The Recording Industry Association of Japan (RIAJ) has won a major P2P case. For the first time anywhere in the world, a P2P service has been found liable for copyright infringement that has taken place on the network and damages have been awarded to the RIAJ. The decision cames after a Tokyo court rejected MMO's appeal and awarded damages of Yen36.89mn (£183,000) to plaintiff’s comprising 19 labels. MMO was also found to have infringed the plaintiffs' right to make their recordings available on the Internet.
The RIAJ was delighted with the ruling of course, saying it will keep up its fight against file sharing. The RIAJ says file sharing is corrupting the cycle of music creation and is leading to decline of music culture. Allen Dixon, general counsel for the International Federation of the Phonographic Industry (IFPI) stressed the significance of the ruling. "This case is important in that it is the first decision world-wide that has found that providing an unauthorised file-sharing service itself constitutes an infringement of record companies' rights to make available their recordings on the Internet," he said.

The significance of this decision on a worldwide scale is quite big as right now, MGM vs. Grokster is active inside the U.S. Supreme Court, and MGM want Grokster to be found liable for copyright infringement that allegedly takes place on the P2P network. Punishing legitimate technology for the illegitimate uses of some of its users is wrong and in 1984 the U.S. Supreme Court ruled in favour of Sony after the company was sued over its VCRs. That decision proved excellent for both sides as the movie industry turned VHS tapes into a multi-billion dollar market. Also somebody needs to remind the RIAJ that P2P doesn't corrupt the cycle of music, there is a lot more music in the world not being offered by their or any other major record label.

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11 user comments

15.4.2005 8:57

Also somebody needs to remind the RIAJ that P2P doesn't corrupt the cycle of music, there is a lot more music in the world not being offered by their or an other major record label.
Couldn't have said it better myself. Unfortunatley, no matter how much they try, they are not going to be stopping technology. But I guess they will have to learn the hard way, as more and more people will start using p2p programs than ever before.

25.4.2005 9:09

This can be overruled in a higher court, right? I'm not familiar with the judicial system in japan.

35.4.2005 11:44

THis situation we find ourselves in reminds me of the day when the average Musician/person was able to record and mix their own music. The recording industry wanted to kill that as well, they tried to outlaw DAC's (Digital to analog converters), they still are. They see anything that threatens their business models as bad, even though it opens up competition and allows the average musician a way of producing their own works without paying the money grubbers (RIAA and its Members).

45.4.2005 13:31

You can still record/mix and sell your own music over the internet. Seems like sales would be less and you would probbably be charging less. But then again you would be getting all of the gross sales and after you paid your expenses you would keep the profit, as opposed to the 1/3 of a cent or so that the artist gets off of each song (album?) from the recording label. I read somewhere that if all the "music pirates" out there would mail the artist about fifty cents for each downloaded song that they kept (as opposed to listening to and deleting) that the artists would be far, FAR better off than they ever were when you actually had to buy the album to get the music. There is an internet-based "label" called Magnatune ( "We Are Not Evil") that lets you try the music before you buy - not a 30-second snippet but the entire album in .mp3 format. Not only that but when you decide you like something and decide to purchase it they will suggest a price. But it is only a suggestion; iow, they suggest you pay $8 but you can choose to pay $8, $13, $5, whatever. Not many albums but supposed to be good music in each genre. A suggestion - if you disagree with things about the recording industry do not purchase any music or other merchandise that they get a cut of (lots of things) for one year. Instead listen to the radio, previously purchased albums, buy from companies such as Magnatune that are (a) Less greedy & (b) much nicer to the artists themselves. Or do a Google search for independent music in whatever genre you prefer. LOTS of websites promote the indy artists. Of course you might have to listen to ten artists to find one that you really like but it is free. I suggest donating to the artists you like and emailing the ones you don't like and letting them know why (nicely!). You won't put any of the big ones out of business boycotting for a year (might hurt their bonuses) but you would certainly help the little ones and the new people with no "record" deals. Just my thoughts, LuvsHisEx PS On-topic(?) Content: Does that mean we can start suing manufacturers of guns/knives/autos/iron skillets because their "technology" allows people to get hurt/killed every year? I thought those kinds of lawsuits only worked in California!

55.4.2005 15:32

"This case is important in that it is the first decision world-wide" oohh yeah right, japan, the united states "wannabes" that really is worldwide, right ;)

65.4.2005 19:07

yes it is the first decision in the entire world that leaves the liability for copyright infringement with the actual network..............

76.4.2005 1:13

I wanted to draw attention to the semantics used "worlwide", is misleading and causes unnecessary panic, makes it seem like this has ramifications for the entire globe when its only legal consequences are in Japan. Yes, it´s a first but we need to put it into perspective, this is so typical of Japan, what else could we expect from the home of Sony, JVC and so many other major media corporations who have their fingers in so many audio and video markets ? We need to start to worry when this happens in the states(possibly this year although i doubt it) or europe but not before.

86.4.2005 8:28

domie, i think there really are not many US wannabees in post-bush world...

96.4.2005 11:18

Have you noticed the trend of the RIAA members buying up the INternet sites that Promote Independant music? They buy them up and then shut them down or make them pay sites that promote their preferred Artists. Rolling Stones did this with their independant music promotion, has done this (Universal/Vivendi) whats next

107.4.2005 2:23

"domie, i think there really are not many US wannabees in post-bush world..." you have to understand, this is a country which was levelled to the ground by two US atomic bombs and 3 years later was buying baseball caps, chewing gum and american memorabilia by the shipload, also inventing a town called USA so they could write "made in USA" on their merchandise. my point is, they don´t think like anyone else, the japanese are from another planet in terms of rationale and so this legal judgement can´t be held up as having implications for the rest of us. They were post eisenhower wannabees to the extreme, they will have no qualms about being post-bush wannabees.

1110.4.2005 1:33

and is leading to decline of music culture.
How is it possible to get any lower. Snakes, worms, leeches, OH MY!

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