Charlie's Blog

Illegal File Sharing – The Oppression of the RIAA

Monday, September 21st, 2009 by charlie

This is Charlie here. Some concern of mine about the music industry has found an outlet recently and I would like to share it. Bear with me, this may seem long. I hope to keep you enticed with my writing style.

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As students at Grand Valley State university (GVSU) we are reminded each semester via e-mail that to share materials online is illegal. File sharing is wrong, a no-no, and is looked down upon. However, is it true? I received that e-mail today and it cheesed me off. To think that my GVSU is submitting to the RIAA. Well, I decided to write the sender of that e-mail with my concerns, and here they are:

Illegal File Sharing – The Oppression of the RIAA

Dear Mr. _____________,

My name is Charles Bleisch. Currently I am a student at GVSU and have been so since 2006. Each semester I have received an e-mail from you or your office informing me of the violation of creative rights that is committed when students or people “illegally” share music and other media with one another. At the bottom of this e-mail was this e-mail address and a line encouraging me to give you an e-mail with any concerns, and I would like to voice those concerns now.

As a writer, artist, and musician I can appreciate GVSU’s attempts at preserving the rights of those who use their creative devices. It is our duty, guaranteed by our nation’s standards, to protect those rights so that artists may continue prospering from the work they produce. In this I can not argue. My concern is in a different direction. As a person who seeks to maintain creative integrity and not be insulted by the record industry I must point out that affiliating with the RIAA is a dangerously oppressive move to make. As a university we should not encourage an organization that threatens to stifle the creative rights and sharing of those creations with the world.

The organization that goes by the name Recording Industry Association of America (RIAA) has become a group that relies on bully tactics to gain a quick buck. At their website (link 1 below) we read in the RIAA’s “What We Do” page that they seek to, “foster a business and legal climate that supports and promotes our members’ creative and financial vitality.” Now that sounds like a worthy cause, but who exactly are the members that the RIAA wants to protect. The sentence after that reveals, “Its members are the record companies that comprise the most vibrant national music industry in the world.” It goes on to say that these industries comprise 85% of the worlds music. In the end the RIAA is another group seeking to back record companies. The money they fight for does not even go to artists, but rather the pockets of those suits in the record industry who already have it made. And what about the other groups? The other 15% of the world’s truly “diverse” music. They stand unprotected, their music totally available for the world. But who’s to say that’s a bad thing?

One study reported on by TorrentFreak.com (link 2) reveals that the decline in music sales reported by the RIAA and recording industry is not as drastic as it is made out to be. This study done by a PhD student at Harvard, a Mr. Blackburn, continues and shows that while the top 25% of the most popular artists saw a decline in profits from file sharing the remaining 75% actually witnessed an increase in profits. In other articles cited by Rufus Pollock, an economist at Cambridge University, he reports (links 3 and 4) on studies done by both the Canadian and Dutch nations showing a net positive increase in music purchases by those who “illegally” share files. Others claim that more research must be done, but so far it has been shown that overall those who download illegally are the same people who invest money in the music being sold either legitimately online or in cd sales, and yet that does not stop the RIAA from bullying the public with scare tactics.

In recent years they have been a major force that continues to drive the “battle” or exclusive media rights. On numerous occasions they have levied excessive fines on individuals for sharing copyrighted materials online. As an example, the case of Jammie Thomas-Rasset remains a cornerstone in this battle (link 5). The summary of this suit is that Jammie Thomas-Rasset had downloaded many files illegally. 24 songs were chosen as a representative amount and the RIAA sued at a per song penalty of $80,000 when the initial amount per song was $750. This forced a final fine of $1.92 million. In another case Joel Tenenbaum, a student, went on trial for sharing 30 songs (link 6). How much was the original fine? $150,000/song. After the trial the RIAA announced that they would use their winnings to fund more trials, and for what? 30 songs? The money being won didn’t even go to the artists whose materials were stolen. But guess what, it does not end there.

Gizmodo.com, a reputable technology blog, has been tracking the RIAA’s scandalous behavior for a while now. In one of their articles titled, “Second Degree Murder and Six Other Crimes Cheaper than Pirating Music” reveals that you can abduct a child, or burn someone’s house down and be fined less than Jammie and Joel (link 7).

In the end, the RIAA is an organization bent on monopolizing the music industry. They don’t care about the artists, and they don’t care about civilian rights. All they are interested in is getting some more money for “The Man.” And it has been this way for years. These are the same people who said the cassette tape would ruin the music industry. They threw a tantrum over the VCR and had a fit when the CD burner and MP3 players were created. And hey, even now if you legally own music protected via DRM it becomes likely that you’ll still end up a criminal. If you lose your collection and try to recover it, or if new technology comes along outdating your old library, you could be guilty of violating DMCA 1201 which makes it illegal to use technology that “circumvents copy protection,” (link 8).

As a university we should not submit the pressures of one group for the profit of a few. I understand you may just be “covering your asses,” but in the end it would be a shame for GVSU to lose its backbone over this issue. Once we prided ourselves on being a diverse university seeking to give student’s a “liberal education.” All I can see is that we are submitting to a bully.

One of my favorite genres of music is one of the only arts forms created in the United Stated. This is of course the blues. Blues music was born out of the freedom slaves fought for in an oppressive nation, our nation. The sweet melodies cry deep down to the soul and make you feel for a people. We artists are being slapped in the face by the RIAA and those who seek to share the music that they have with their friends are being told that what they learned in kindergarten was wrong. Sharing is no longer caring, but breaking the law. We should not support the blatant lies of a bully and the tyrants of the music industries.

I thank you for your time, good sir.

Sincerely,

~Charles Bleisch

Link 1: http://riaa.org/whatwedo.php

Link 2: http://torrentfreak.com/why-most-artists-profit-from-piracy/

Link 3: http://www.rufuspollock.org/tags/filesharing/

Link 4 (Dutch article on filesharring): http://www.tno.nl/content.cfm?context=overtno&content=nieuwsbericht&laag1=37&laag2=2&item_id=2009-01-16%2012:57:23.0

Link 5: http://gizmodo.com/5296249/court-orders-file+sharer-to-pay-80000-per-song-to-riaa

Link 6: http://gizmodo.com/5327995/student-forced-to-pay-675000-to-riaa-for-sharing-30-songs

Link 7: http://gizmodo.com/5344159/second-degree-murder-and-six-other-crimes-cheaper-than-pirating-music

Link 8: http://www.webopedia.com/TERM/D/DMCA_1201.html

“I’ve Got Blisters on My Fingers”

Sunday, August 30th, 2009 by charlie

Good evening, world, internet. Long time no… uno. No uno. Ahem.

Alright, for those unaware Zach and I played an acoustic set tonight at Mixtape. Because David couldn’t make it out to drum for us it was concluded that sharing some new music in an acoustic setting would be a good move to make. We practiced and played 5 new songs and I am pleased with, of them all, the 5th and 6th song we played the most. I simple think that my guitar part is pretty special in them.

For those college students out there: Classes are starting, if they haven’t already, and that includes a new semester for yours truly. I will be studying intermediate writing in Fiction, intermediate writing in Drama, and intermediate writing in Poetry this semester along with Studies in Fiction. In addition, much of my time will be spent working in the LRC (Language Resource Center) on campus for those students taking language courses at GVSU. It is my goal to use the knowledge I gain in the classroom to further inspire my writing, including my musical writing.

Oh, one more thing! This entry’s title is what it is thanks to the guitar part I wrote for one of our new songs. It requires consistent plucking and I used the side of my thumb to do so, thus now I have a pretty knarly blister growing, which is totally worth it. Typing is great, too, because I usually use that thumb to hit the spacebar, so now when I do it feel all velvety and sensitive. You know what I’m talking about.

What else? The guys and I have decided that in a way to continue getting better we would participate in GVSU’s Battle of the Bands. This event is seemingly scheduled for September 11th. A little math reveals that this date is approaching significantly quickly. With the limited time we have I am pretty sure that a rockin’ set can be put together.

With that, wish us all luck and dedication.

Yours Truly,

~Charlie Bleisch

P.S. If you search Youtube for “Era Everafter” you can find some live vids from our first show. A couple even have comments! w00t!

Late Evening/Early Morning

Friday, August 7th, 2009 by charlie

Well we are off! Era Everafter is officially a band worth recognition… or at least worth a whole lot of fun.

After our first show the guys and I feel really good about trying to get more gigs across Michigan. Already JR, the owner of Mixtape Cafe, where we played our first show, e-mailed us and asked if we would be interested in playing on August 18th. Mark the date, friends. It’s a Tuesday and I am super excited to be playing again, especially this soon after our first show.

Later today I’ll be driving out to Lansing so we can have another practice with the band. It’s gonna be a long day all around though. I work from 8 am to 3 pm, then I hit the road, and then we play until (hopefully) 1 or 2 am. This is the life of an aspiring artist!

Also, in order to improve my skills I hope to gain some inspiration from some of the greatest guitarists of all time. I’m gonna be listening to Nirvana, Hendrix, and the Red Hot Chilli Peppers over the next few months/years to get a better feel for the power of my craft.

In the meantime there is a pillow screaming my name (and The Pillows, my favorite band, too). I’ll catch you guys later. Keep following us, friends.

~Charlie