Song Swappers Get A Free Ride…

Monday, December, 22, 2008 by Mel Phillips.

The days of suing folks for sharing songs protected by copyright are over.  The Recording Industry Association of America has decided to get out of that business and work instead with Internet service providers to cut access if song swappers ignore repeated warnings.  Since 2003, some 35,000 people were sued for swapping songs online by the RIAA.  High legal costs are causing the RIAA from continuing their litigious ways.  They were simply spending more on legal fees than what they were getting back from those being sued.  It’s called sub-diminishing returns…

The RIAA isn’t backing off entirely, they will still continue to litigate outstanding cases, most of which are in the prelawsuit warning stage.  There are those that are thrilled that the RIAA has decided to back off any new litigation, take Harvard Law professor Charles Nesson, for one.  Nesson is challenging the constitutionality of the suits, which, based on the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, can impose damages of $150,000 per infringement, just a bit more than the actual damage caused…

Something good did come out of the RIAA litigation.  Legitimate sales of digital music tracks soared for the first time past 1 billion, up 28% over all of last year, according to Nielsen Soundscan…

The Wall Street Journal was first to report on the RIAA’s decision to abandon their legal attack and thanks to the Boston Globe for other items in this report…     

10 Timeline Memories:

1. 1864] Merry Christmas: During the Civil War, Union General William T. Sherman sends a message to President Abraham Lincoln from Georgia, saying “I beg to present you as a Christmas gift, the city of Savannah”…
2. 1882] Lighting by Edison: The first string of Christmas tree lights is created by Thomas Edison…
3. 1937] It will really be great when it’s finished: The Lincoln Tunnel, connecting Manhattan and New Jersey opens to traffic.  Turn your speakers down for this clip…
4. 1965] Premiered on this date: “Dr. Zhivago” starring Omar Sharif and Julie Christie…
5. 1968] Wedding Bells: Julie Nixon and David Eisenhower exchange wedding vows…2000] Madonna is no longer a virgin when she and Brit movie director Guy Richie bed, uh wed. You know the rest of the story…
6. 1976] Curtains: The last “Let’s Make A Deal” airs. Several attempts to resurrect the show have failed…
7. 1984] Subway vigilante: New York City resident Bernhard Goetz shoots 4 youths on a Manhattan subway, claiming they were about the rob him. Much to popular belief, the youths armed with screw drivers did not wish the “subway vigilante” Merry Christmas when he went berserk screaming “I’m a Chanukah boy, I’m a Chanukah boy. Take that”…
8. 1995] “Happy Trails“: Lawrence Berk, founder of Berklee College of Music dies of natural causes at 87 in Boston.  Roger H. Brown, President of Berklee tells us what he looks for in a student…2002] Joe Strummer, lead singer of The Clash dies suddenly of a congenital heart defect at 50…
9. 2001] Hot foot: Richard C. Reid, a passenger of an American Airlines flight from Paris to Miami, tries to ignite explosives in his shoes, but is subdued by flight attendants and fellow passengers who point to the flashing “no smoking” sign…
10. 2005] Strikeout: New York transit workers go on strike but end a three-day strike without a new contract. The union head who forced the strike is fired…

Music Memories:

• 1957] Number One on this date: “April Love” - Pat Boone…1965] “Over And Over” - Dave Clark Five…

Commentary:

Doc Ellis, who died from a liver ailment on Friday, once claimed being on LSD when he pitched a no-hitter for Pittsburgh in 1970.  He was also known for giving up Reggie Jackson’s monstrous, roof tower-hitting home run in the 1971 All-Star Game in Detroit and using haircurlers in baseball clubhouses.  Doc Ellis also offered guidance to Yankee minor leaguers on drug and alcohol abuse in 1986.  Former talent agent Tom Reich offered this about Ellis, “I’ve been in the business for 40 years and there was never a more standup guy.”  Ellis was 63…

“Happy Birthday…happy birthday“:

Jordin Sparks (19), Ralph Fiennes (46), Robin Gibb (59), Rick Nielsen (62), Diane Sawyer (63) and Hector Elizondo (72)…

Timeline Countdown:  Happy Hanukah, 3 shopping days until Christmas, 9 nights until New Year’s Eve and 12 days until the NFL Wildcard Playoffs…

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