Re: Music industry proposes a piracy surcharge on ISPs

[David Farber <dave () farber net>]

________________________________________
From: Scott Moskowitz [scott () bluespike com]
Sent: Friday, March 14, 2008 1:07 PM
To: David Farber; Jim Griffin
Subject: Re: [IP] Re:   Music industry proposes a piracy surcharge on ISPs

Jim,

I have traveled this road for a long time and I agree with David.

I take exception with the assertion that there is any "threat" to our
culture or the fans. Musicians have decided to perform more and rely
less on compact disc sales -- they are not entitled to any licensing
scheme any more than any other performer -- magicians, comedians, et
al. The Police and Van Halen on Tour in 2008? Copyright protections
last well into the future and so musicians (or, actually the
publishers and copyright owners) are taken care well into that good
night. As for performance rights, you know those are not market
driven and were negotiated with the Department of Justice precisely
because of the threat that large publishers made to the very same
restaurants and stores that now pay a percentage of their revenues,
without any proper accounting for *all* of the folks impacted --- the
squeeky wheels get all of the oil -- mostly.

The issue I have, and we have personally discussed this, is the lack
of an appropriate accounting mechanism that is fair and transparent
to the artists and the consumer. Over 10 years on and the copyright
owners seem to have missed the success of the Arctic Monkeys and any
number of bands that have figured out ways to get people to pay -
fiund your audience. Mandate fair accounting and perhaps the interest
in such "taxes" -- you may call it what you wish -- can be offered
as, well, a subscription service? But, even that business model (ie,
subscription services & satellite radio) is proving more difficult
that you first suggested when we first discussed this very topic
(1999?).

You know I am a firm believer in the rights of artists and invented
digital watermarks out of my passion and experience in the music
business. I have been suspect of the digital rights management
schemes that have been tried over and over again ... And, the music
did not stop ...

Sincerely,
Scott Moskowitz
http://www.bluespike.com/

to even suggest that a solution from the publishing industry, under
Department of Justice consent decree, no less, is fair game.
On Mar 14, 2008, at 11:31 AM, David Farber wrote:

> Clearly I take exception to th 4th pragraph but.. Any way jf
> ________________________________________
> From: Jim Griffin [griffin () onehouse com]
> Sent: Friday, March 14, 2008 10:46 AM
> To: David Farber
> Subject: RE: [IP] Music industry proposes a piracy surcharge on ISPs
>
> Dave:
>
> I am singled out in the article but did not cooperate with it and
> do not
> think it fully reflects the concept.
>
> But let me be clear that it is not contemplated as a tax, has nothing
> whatsoever to do with government and is voluntary for the ISPs.
>
> It is in many ways similar to music licensing for radio,
> restaurants or
> hotel lobbies, and is a time-honored way to bring a resolution to
> the legal
> struggles that are even now seeing students and network users sued.
>
> If you think discourse is personally calling something "bullsh_t"
> at the top
> of an article, then I have little further interest in your comments
> or this
> list (which I have enjoyed for many years), but if you're
> interested in a
> civil discussion I am game for that.
>
> Absent some form of licensing, you're for continuing the current
> ruinous
> course that threatens both culture and many of its fans. I don't
> believe
> that, so I think collective licensing discussions are in order. If
> for a
> couple bucks a month we can enable unfettered innovation with music on
> networks and allow access to *all* music on an equitable basis,
> including
> P2P and whatever else will follow, I think it a fair price to pay.
>
> Jim Griffin
>
> -----Original Message-----
> From: David Farber [mailto:dave () farber net]
> Sent: Friday, March 14, 2008 9:57 AM
> To: ip
> Subject: [IP] Music industry proposes a piracy surcharge on ISPs
>
> Personally this is BULL-SH_t.   Dave
>
> Begin forwarded message:
>
> From: dewayne () warpspeed com (Dewayne Hendricks)
> Date: March 13, 2008 5:47:49 PM EDT
> To: Dewayne-Net Technology List <xyzzy () warpspeed com>
> Subject: [Dewayne-Net] Music industry proposes a piracy surcharge
> on ISPs
>
> Music industry proposes a piracy surcharge on ISPs Wired Magazine
> By Frank
> Rose
>
> Digital-strategy consultant Jim Griffin thinks ISPs should be made to
> collect a music surcharge from broadband users to compensate the
> copyright
> holders.
>
> Having failed to stop piracy by suing internet users, the music
> industry is
> for the first time seriously considering a file sharing surcharge that
> internet service providers would collect from users.
>
> In recent months, some of the major labels have warmed to a pitch
> by Jim
> Griffin, one of the idea's chief proponents, to seek an extra fee on
> broadband connections and to use the money to compensate rights
> holders for
> music that's shared online. Griffin, who consults on digital
> strategy for
> three of the four majors, will argue his case at what promises to be a
> heated discussion Friday at South by Southwest.
>
> "It's monetizing the anarchy," says Peter Jenner, head of the
> International
> Music Manager's Forum, who plans to join Griffin on the panel.
>
> Griffin's idea is to collect a fee from internet service providers --
> something like $5 per user per month -- and put it into a pool that
> would be
> used to compensate songwriters, performers, publishers and music
> labels. A
> collecting agency would divvy up the money according to artists'
> popularity
> on P2P sites, just as ASCAP and BMI pay songwriters for broadcasts
> and live
> performances of their work.
>
> <http://telephonyonline.com/external.html?q=http://www.wired.com/
> entertainme
> nt/music/news/2008/03/music_levy
> >
>
>
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