iMesh, RIAA deal
p2pnet.net News:- The RIAA (Recording Industry Association of America) says it’s settled its lawsuit against iMesh for $4.1 million.
When the case was launched last September, “iMesh has received the lawsuit and we intend to respond appropriately, and to win this case on merit,” said a spokesman.
Speculation that iMesh, using the FastTrack protocol, will employ Shawn Fanning’s Snocap filter as part of the deal were quashed by iMesh’s PR company Connors Communications in New York. “iMesh has no agreement with third party technical vendors,” a spokeswoman told p2pnet.
But, “We have reached a first of its kind agreement to settle with the major record labels in order to enable us to now take iMesh, P2P and the world of digital music to new heights,” says iMesh.
The music industry is desperate in its attempts to stop people from sharing music online (unless the RIAA’s bosses control the action) and now, to all intents and purposes, the Big Music enforcer can influence the activities of a formerly independent commercial p2p operator.
The RIAA is also one of the entertainment industry entities behind senator Orrin ‘Terminator’ Hatch’s INDUCE Act, which is in turn hiding behind child pornography. The Senate Committee on the Judiciary will hold a hearing into INDUCE tomorrow.
However, Big Music’s possible change in emphasis from its ‘take no prisoners’ stance could be important, believes BearShare’s John Busher, refering to a CNET News quote which has RIAA boss Mitch Bainwol saying, “Peer-to-peer technologies hold real promise. This settlement with iMesh is an opportunity to demonstrate that promise in the legitimate marketplace.”
“We’re hoping this indicates a change in the mindset of the RIAA,” Busher told p2pnet. “I hope they’ll now be willing to work with p2p companies to find a way to suit users’ needs and generate revenue for RIAA members and companies like ours.”
Lime Wire’s Greg Bildson also hopes the case is a sign the RIAA, “will now start dealing with p2p software companies more fairly and openly”. However, he says, “we’re disappointed that they’ve chosen lawsuits as a way to approach the situation.”
The RIAA sued the Isaeli company because its conduct and public statements “make clear that its goal is to encourage illegal behavior,” the Big Music enforcement unit says. But why file in the US when iMesh is based in Israel?
“iMesh is a U.S. corporation distributing its software through a U.S. entity to U.S. users to steal U.S. copyrights,” says the RIAA. “This issue should be resolved in the United States. iMesh knowingly and intentionally directed its marketing and business efforts into the United States, targeting U.S. consumers, and violating U.S. copyrights. The locus of iMesh’s activity and the harm it has caused is here in the United States.”
This last statement is interesting given that only one of the RIAA’s masters, the Big Five (oops, Big Four) record labels, Warner Bros, is based in America.
Details on the iMesh deal are scant and the company’s FAQ is PR-speak. On the question “Am I still at risk of being sued for using iMesh prior to the new service launch?” iMesh says, “We can’t speak for the record companies. However, we respect copyrights and encourage our users to avoid conduct that violates copyright law.
“We have worked closely with the record companies to come to a settlement that will benefit everyone in the long run.”
In the meanwhile, “Under the New iMesh model, which will launch later this year, you will be able to find and share the content you want without fear of being sued.”
Snocap
Yesterday, rumour was circulating that Snocap, the application developed by Napster creator Shawn Fanning, might be involved in the RIAA/iMesh deal.
The fact that ex-Sony Music boss Andy Lack praised Fanning’s Snocap at an ‘Entertainment Law Initiative’ luncheon in February lent credence to the speculation. Lack mentioned Fanning’s “ground-breaking work” in the area of developing systems able to identify and filter copyrighted material, “from P2P systems like Kazaa”.
Snocap is working to identify songs as they’re traded through a file-swapping network, including using audio fingerprinting to monitor the sonic characteristics of music files.
July 22nd, 2004 at 4:57 am
“you will be able to find and share the content you want without fear of being sued.”
They mean “you will be billed $19.95 a month in user fees or conversely will be bill $2.99 per song and you wont be sued if you use our new program exclusively … ” *rolls eyes*
Considering “the plan” so far, which has been to try and deny ANY distribution of copywrited music how can the RIAA do an about face with iMush and yet scoff at kazaa’s offer?
Conversely how to distinguish between those on iMush who will “allowed” to file share vs those on kluzaa who are being hunted like dogs (I know there is a way – i just find it extremely hypocritical that one part of the fasttrack network will be deemed “ok” and the other half “not”) Or does this mean a new network altogether? or just another “iTunes” location …