MIT's Music Net Shut Down Over License Issues 139
aurum42 writes "MIT's LAMP music-over-cable initiative has been shut down due to licensing concerns, as reported on The Boston Globe. Ars Technica has a good summary of the story. It appears that Loudeye did not have the rights to sell music to MIT for distribution over cable, although they apparently assured MIT that they did in fact have those rights. Murky, unexplored legal quagmire or RIAA influenced revisionism?"
MIT have a case? (Score:4, Interesting)
RIAA vs MIT (Score:5, Insightful)
The RIAA here is directly charging MIT with trying to break copyright. There are not suggesting that MIT made a mistake... or that Loudeye misrepresented itself.
The RIAA is trying to make an example out of MIT.
Re:RIAA vs MIT (Score:3, Funny)
Wrong school to pick! Oh wait, that would be Harvard Law school
Re:RIAA vs MIT (Score:4, Insightful)
LAMP was designed to operate in full compliance with the law and to respect the rights of all copyright holders. MIT has at all times sought to implement a legal music service for its students.
Re:RIAA vs MIT (Score:2, Insightful)
Re:RIAA vs MIT (Score:1)
Re:RIAA vs MIT (Score:1)
Re:RIAA vs MIT (Score:2)
Re:RIAA vs MIT (Score:2)
Come to think of it, both Brianna's mom and MIT thought they were getting file-sharing services which were RIAA-compliant.
Hmmmm.....
Re:RIAA vs MIT (Score:2, Insightful)
You decide... (Score:1)
Re:MIT have a case? (Score:1)
The problem is that MIT was not going steam the music over the web, they were going to stream it over cable television. T
Re:MIT have a case? (Score:2)
One wonders why MIT did not acquire the rights to play the music from one of the music clearing houses instead of going to a digital streaming company. The whole point of this exercise, after all, was to not stream music over the web. The music may originate from a computer, and I think this is the norm for many radio stations, but it is broadcast over cable.
MIT has properly the acquired the rights to broadcast music from ASCAP, BMI, and SESAC. The problem appears that Loudeye did not have the right to
Beow.... oh nevermind. (Score:1)
Re:MIT have a case? (Score:1, Informative)
I'd have thought it was up to MIT to set up deals with the labels, not Loudeye. All they do is rip the CD's, do data entry stuff, encode them and ship them.
Is it just me (Score:5, Funny)
or doesn't MIT usually let these kinds of things go. I mean come on they're the College who have a subdomain called fuck-the-skull-of-jesus.mit.edu [mit.edu]. I really hope the RIAA hasn't managed to actually influence them in any way.
Re:Is it just me (Score:2, Funny)
Re:Is it just me (Score:2)
Re:Is it just me (Score:1, Informative)
As you might imagine, they get pretty interesting.
Re:Is it just me (Score:1, Informative)
Re:Is it just me (Score:1, Funny)
Re:Is it just me (Score:1)
Re:Is it just me (Score:3, Interesting)
I can't say much about us taking it personally;
Why lawyers suck (Score:3, Interesting)
2. RIAA picked holes in contracts until they could close down MIT's system.
Nothing new here. RIAA is still evil.
Re:Allow me to summarize (Score:1)
Re:Allow me to summarize (Score:1)
>way to distribute that saves tons of money!
I hope their software engineers didn't work too
hard on this one. I mean, you can do this with
just the line printer daemon (lpd).
Re:Why lawyers suck (Score:4, Insightful)
If they hadn't hyped this up as some kind of RIAA work-around, it'd still be running.
Also, when you're a campus radio or television station, you shouldn't have to buy your music. You should receive it in the mail for free, and for the purpose of broadcasting.
Re:Why lawyers suck (Score:1, Insightful)
like a house, it's part of your due diligence
to make sure the person selling the item
actually owns it. You can do this the dumb
way, by asking them if they own it (which MIT
did), or you can demand proof, do a background
check, title search, or similar MINIMAL
investigation.
Had MIT asked for the company's contract with
the RIAA, they could have reviewed things
directly. Heck, they even could have approached
the RIAA and asked them what they thought.
So, while lawyers do
Like this is going to stop them... (Score:5, Insightful)
How to now get free music? There are more than enough geeky MIT students to find a solution to the problem. MIT-only file sharing? Passing around burned copies of CDs? Having everyone switch to using Kazaa? All I know is that something new will show up sooner or later to replace LAMP.
Taking away music from college students won't do anything but make them mad. If this was the RIAA's doing, they've just screwed themselves. Dealing with a few bitter music fans is bad enough; a college campus full could be their undoing...
Re:Like this is going to stop them... (Score:5, Insightful)
Re:Like this is going to stop them... (Score:3, Funny)
Not any college campus, a bunch of pissed off MIT nerds isn't my idea of fun
~metlin
Re:Like this is going to stop them... (Score:2)
If they piss them off too much, we'll have iPod's linked by Quantum entanglement transmitting entire albums instantaneously.....
On second thought, I believe that the maf-IAA should go after those scumbags at MIT!
Re:Like this is going to stop them... (Score:4, Interesting)
There's expressed demand here. People are saying "we want compressed music we can put on portable devices, we want individual tracks as opposed to complete albums, and we want to be charged reasonably for it." Since the RIAA isn't responding to supply and demand (Why should they? They're an oligopoly!) they won't provide these. The result? The people find their own way to get what they want. This didn't happen overnight. It started way back in 96-97. It really din't become a 'let the cat out of the bag' situation until Napster was sued. Oops RIAA, good job.
The RIAA really fouled up here. They forced people to solve their own distribution problems, and now they have to face the very real possibility that their customers are so independent delivery-wise that the RIAA is not as necessary for an artist to become popular.
Double oops, RIAA.
There are quite a few people here that think this whole music thing is about getting music for free. There are bound to be cases where it is true, but in the vast majority of cases it's not even close to being the only factor. Once the RIAA figures this out, assuming it's not too late, they'll be able to provide the services these people want instead of butting heads with places like MIT.
Hey RIAA, how about fulfilling consumer demand? Ya make more money that way than with lawsuits.
Re:Like this is going to stop them... (Score:2, Interesting)
we want individual tracks as opposed to complete albums,
I would be so happy if the facts in this case supported that argument. According to the LAMP website, 9 out of the top 10 songs played this week are from the same Coldplay album (however long that 'week' actually represents...).
From this I would suggest that music buyers want good music, be it in album or single form. However, in the absence of good music they will listen to any old trash with minimum clothing. The music labels know this and stri
I'm intrigued to think... (Score:2)
As far as I know, Coldplay have never stripped publicly, for the purposes of advertising or otherwise, and I would like to take this opportunity to respectfully request that they never do so.
Re:Like this is going to stop them... (Score:3, Interesting)
They will go bankrupt (Score:3, Funny)
Re:Like this is going to stop them... (Score:3, Insightful)
Re:Like this is going to stop them... (Score:2)
I suspect it won't be too long before Congress realized that the RIAA is a bunch of foriegn companies using dodgy interpretations of copyright law to screw over American consumers and artists, and outlaws their business model. In the meantime, I'll be buying my music from people who are willing to sell it to me [magnatune.com].
You're missing the real culprits -- the artists (Score:3, Insightful)
Neither (Score:2, Insightful)
Neither. Crystal-clear matter of law, rightly dispensed with. If you do not own rights to the music, you may not distribute the music. Pretty freakin' clear, that.
Read up on the facts (Score:2)
3. Theyre not distributing pressed copies of music they are broadcasting on cable tv channels.
The only thing that is crystal clear here is that the RIAA leaned hard on loudeye and made it plain that it would be in their best interest to be reasonable and do it the RIAA's way
number 2 consumed by an angle bracket (Score:2)
How much of this was their CNBC interview I wonder (Score:4, Insightful)
Abolish copyright, and no license needed. (Score:1, Flamebait)
Re:Abolish thinking-it hurts. (Score:1)
Re:Abolish thinking-it hurts. (Score:1)
Of course it's highly likely IHBT.
Re:Abolish thinking-it hurts. (Score:1)
Re:Abolish thinking-it hurts. (Score:1)
Hate to say we told you so... (Score:1, Troll)
(-1, Redundant, blah blah blah [come on, get me, I have karma to burn (No, Really, go for it)])
What???? (Score:2, Funny)
I don't wanna go back to FM Radio or listening to CDs!!
Excuse me... (Score:3, Insightful)
I don't get it.
So, Loudeye had some dimwitted salesperson with a big mouth. Shocking. Just shocking.
Re:Excuse me... (Score:2, Funny)
Oh wait, I guess we're farther along tha
For gods sake? (Score:1, Funny)
Why do people think a performance of music is worth more than the air that carries it?
I certainly don't.
The RIAA may disagree, but that seems to be their problem, not mine. After all, I think my time is worth a million dollars an hour. My job is practically stealing from me by paying me only $101,000 a year. Now if I could only get a law passed that said my company had to employ
Re:Excuse me... (Score:3, Informative)
"LAMP had purchased $30,000 is music in digital format"
The school paid for licenses for all of the music and then made it available in an analog format to its students.
Re:Excuse me... (Score:2, Insightful)
Re:Excuse me... (Score:1)
no, the microsoft money was used to design the LAMP software. MIT put up the 30k for the music.
Free education? (Score:1)
Re:Excuse me... (Score:3, Informative)
Read the fucking article, twit.
The music wasn't free. MIT paid for it. That money came from tuition, donations, grants, and all sorts of things. (And before you say "donation money shouldn't be used ...", stop and consider tha
Re:Excuse me... (Score:5, Informative)
If the company they licensed the 30k worth of music from didn't have the rights to license it under these terms, then that's hardly MIT's fault.
Re:Excuse me... (Score:2)
But that's the wonderful thing about copyright infringement...
It may not be MIT's fault. They may have made an honest effort be fully legally compliant.
But it doesn't matter.
They are still fully liable.
Copyright infringement is one of those wonderful "we don't care why you did it, we don't care that you thought you were legal, we don't care that you tried to act
Re:Excuse me... (Score:2)
Re:Excuse me... (Score:1)
Re:Excuse me... (Score:2)
What would you prefer as a parent, worrying that your kid will be the next bullseye from the RIAA for downloading the latest Snoppy Puffy-Cent album or knowin
UGH!! THE RIAA really needs to be brought down! (Score:2, Interesting)
Plus, look at what they've done to the quality of music. I don't know if anyone agrees, but most of what comes out is like BUBBLEGUM ROCK...nothing really new or orignal happening here, except on the indy labels that the RIAA don't touch.
I hear more interesting music in downtown NY on a streetcorner than I do on the radio.
THE RIAA is killing itself. It kindof reminds me of that Gene Roddenberry show EARTH: FIN
Why are we plagued by this childish behavior? (Score:5, Insightful)
But just because MP3.Com took it one logical step further and encoded their copy of your CD to elimiate shipping costs, they were found guilty of copyright infringement.
Here we have an MIT setup where if they bought a bunch of CDs and hired a bunch of students to encode them it's legal, but if they just buy the already encoded songs, it's illegal. This kind of legal hair-splitting is such crap.
I don't know if this is a situation where people need to grow some balls and actually stand up to these kind of logical quagmires or a case where courts are idiotic enough to buy such arguments. And while we are on the subject, it's worth pointing out that if I distribute music over coaxial cable I'm apparently fine but if I distribute over twisted pair, I'm aching for a lawsuit.
And MPAA and RIAA wonder why people don't respect the laws about copyright...
- JoeShmoe
.
Re:Why are we plagued by this childish behavior? (Score:3, Informative)
Why does MIT get to broadcast music for free, and what does this have to do with mp3.com?
MIT doesn't get to broadcast music for free, it gets to broadcast music under the licenses for which it pays ASCAP, BMI, and SESAC.
Re:Why are we plagued by this childish behavior? (Score:2, Interesting)
If there is hand-waving done in the proportionality of compensation, then all that is acheived by using one of the services is protection from them suing you (without any true, legal use of the copyrighted material). Racketteering.
MIT conspiracy (Score:1, Troll)
innovate! put the robberbarons out of their misery (Score:5, Insightful)
No, this isn't a quagmire. It isn't unexplored legal territory. We've been reading about this for years. The lawyers have been interpreting and representing for existing laws surprisingly well. Pro bonos and non-sell outs are getting ready to form new rules that take many of the old rules into account. Competitive, P2P type music industry is just around the corner. Everyone wants it. The RIAA will apply maximum litigation wherever they think copyrights are being infringed. The RIAA hawks have done just about all the revising they can.
Why did they shut down M.I.T.? It's a small group of supply-side elitists, aristocrats (bourgeoisie) and government oligarchs who don't want things to change. TOO BAD. The methods of delivering music mainstream are changing and for the better. This is a temporary setback and students, programmers, hackers etc. will find legitimate, copyright-compatible ways to deliver music sooner or later.
Maybe they should be more like us at WPI..... (Score:3, Informative)
Legal or technical solutions first/best? (Score:2, Interesting)
common sense? (Score:3, Interesting)
Anybody?
Re:common sense? (Score:3, Informative)
MIT already has broadcast rights, bought and paid for. They've been broadcasting music from their campus radio station for years. The problem seems to be that the company that sold them the digital versions did not have the right to do so. But it sounds like MIT could simply buy the physical CDs and rip them.
Surprise! (Score:1, Troll)
But everyone here knew it couldn't last, only geeks are bored enough to work for free, musicians need money for drugs.
They did however get enough fame out of it to last them a good long time. And that's what it's really all about in the business world. As long as you can get to the CNBC studio _before_ they shut you down, you're golden.
Turf War? (Score:4, Funny)
How dare they step on RIAA turf? Avoiding paying artists and union musicians has always been the job of the RIAA member labels!
Re:Turf War? (Score:2)
Is this not really funny, because it is too true?
Or is this funny because is is so true?
forget the loopholes (Score:5, Interesting)
I for one would be grateful if places with clout, like MIT, would spend their resources advocating for better policy rather than engaging in legal contortions. If MIT, Harvard, Stanford, UC Berkeley, Princeton, Yale, NYU, etc. threw *serious* support behind good policy (like the Eldred act [eldred.cc], IMHO), the RIAA would find it much harder to have their way with congress. Admittedly, uniting these institutions of intellectual debate is much easier said than done, but they are uniquely equipped to put forth balanced proposals that address a broader social agenda than would ever emerge from an industry lobby. We could really use someone with the clout, resources, intelligence and neutrality of MIT to help write (and right) the rules of the game that are fair to *all* the stakeholders, not just the RIAA.
What we are finding is that leaving the fox (the RIAA) to guard the hen-house (IP policy) is great for the fox and bad for everyone else.
Let me see if I understand... (Score:5, Insightful)
If you read the press release [yahoo.com] from Loudeye it's clear that they knew exactly what MIT intended to do with their $30,000 purchase. Hell, Loudeye claims they are the only company authorized to arrange this type of licensing scheme for MIT. How can they turn around and claim now that MIT didn't ask them for the right kind of licenses? What, did Loudeye just forget to tell MIT about the problem? What did Loudeye's execs. expect would happen?
But you've really got to love the quote from Vivendi;
Kelly Mullens, a spokeswoman for Vivendi Universal's Universal Music Group, said, "It is unfortunate that MIT launched a service in an attempt to avoid paying recording artists, union musicians and record labels. Loudeye recognized that they had no right to deliver Universal's music to the MIT service, and MIT acted responsibly by removing the music."
Now let me see if I understand this: I design a legal music service for college students. I contact a company that tells me they have music rights for sale, I buy them for $30,000 and then I start the service. But, less than a week later, a music label calls me on the carpet, claiming I 'avoided paying music artists, union musicians and record labels'? What was the $30,000 to Loudeye for then, if not a payment on behalf of recording artists, union musicians and recording labels? Did Vivendi not get their cut, miss the memo, what?
It's beyond me why the music industry would want to shut down the LAMP service. I mean, as I understand it, it's more like a radio station than an MP3 download tool like Napster or Kazaa. Does this mean that the labels don't want college kids listening to music legally? Did radio-like venues become taboo or something while I slept? This debacle is sure to send one message clearly to students across the US - there is no way to stay legally compliant with the RIAA and still listen to music. Now, what's that message likely to encourage?
What I expected. (Score:2)
Most people imagined this system would be closed quickly. Changing Loudeye's contract was a really simple method and one I should have seen.
What, did Loudeye just forget to tell MIT about the problem? What did Loudeye's execs. expect would happen?
What you have witnessed is the death of a loophole. You have to imagine that the MIT super digital request play over traditional analog broadcast was legal a few weeks ago. The RIAA companies, being a racket, can change their terms at will They simply chang
It won't be long.. (Score:2)
You'll glance and a billboard and be microcharged.
Dive by another car and hear a bit of their stereo and you'll pay.
They inject it into your ears and eyes and it'll be illegal to refuse.
Sick of lawyers.
Sick of government.
And I'm sick of you telling me that it's their right by law to do what they want.
Perhaps it's time to sick the SPA on their asses (Score:1, Insightful)
I'm sure none of them are running illegal software, or have -any- MP3s, for that matter.
Let's turn the tables on these assholes.
My gut reaction was right. (Score:1)
My gut reaction was right.
And they're stupid for pissing off MIT students. It's a really bad idea. They have to be really smart to get in, and they'll take this personally.
In other news... (Score:2)
Is RIAA the single most criminal company in the US? What other company can sell things made by people that don't get paid for making them?
Friends don't let friends by RIAA music. It's that simple.
Re:In other news... (Score:2)
Re:In other news... (Score:1)
I believe they are called SCO. (At least they think they can.) And if you're talking about physical goods, most clothing brands do (Nike for instance), but their workers live in the Philliphines, so they don't seem to count.
Long term (Score:2, Insightful)
Now RIAA have enjoyed a monopoly on recording equipment for nearly a century. Now that reality is over.
The law does not reflect today reality, and must change. (A little pain in the process)
Digitizing a performance is just like an open air concert: Everybody in the neigbourhood can hear it. Here the neigbourhood is the planet, and that is that.
Don't over-complicate the matter (Score:2, Interesting)
In other words if there's something new where people don't pay per listening/viewing session it will be crushed by the lawyers of the aforementioned 'Organizations'. As long as we don't find a politician that works for the people, this is how the future will be.
The brother/sister orgs of RI/MPAA here in Europe told the lawmakers to get rid of the 'fair use' right by naming it an American
Time to move on . . . . (Score:1)
A special event suggestion: Set a week or two, where every webcaster, college station, public radio station on the Internet, plays only those artists that do not demand royalties. Let's see if we don't have a huge pool of songs, artists, and stations that can come out of this event, with audiences that are bigger and more loyal than what is taking place with the RIAA nonsense.
I