Why the RIAA ISP-Route is Likely to Fail

The latest news out of the RIAA is that they are ending their war on the consumer, instead focusing on ISPs in their pursuit of three-strikes types of rules where repeat offenders would be kicked off the internet. There are several important implications of this type of behavior, but I think the biggest thing to talk about is that the chance of this working are very slim indeed.

The biggest reason, I believe, is that ISPs will fight any types of policing laws. First, it’s not in the interest of an ISP to be held accountable for the actions of their users (something I find akin to saying that the transportation department is liable for drug traffic on the highways because they built and service the roads). Second, why would ISPs want to force users off the internet? Each lost subscriber is business they can theoretically never get back, which over time would be hugely detrimental.

There’s also the fact that this type of effort requires legislation. In order to get any type of traction on a three-strikes law, there would have to be a tremendous lobbying effort and an even greater effort to avoid the backlash that creating such a law would entail. That’s not to say that this wouldn’t be the most effective angle, it would just require an enormous sum of money. That’s money that I don’t entirely believe the RIAA is capable of producing at this point. Big ISPs and probably some major internet players would be lobbying on the other side, and the only thing of value will probably be that a bunch of lawyers would make a bunch of money. The fight will probably be very long, too, and time is certainly against the RIAA as fewer consumers buy traditional media anymore.

How are you supposed to enforce a three-strikes law anyway? Why can’t I just go to a coffee shop every time I want to do some illegal downloading? What’s to keep me from going to a new ISP? Who’s going to foot the bill for enforcement? How will those without internet access be able to hold jobs? Is it a permanent or a temporary ban?

Even given that any type of legislation passes, it’s so unlikely that it can be properly enforced that it’s fairly laughable. That is, unless it wasn’t so serious. If you have a minute, you should let the RIAA know what you think. Send them feedback, or even better, just stop buying their products until they come to their senses.

Boycotting the RIAA

BoyCott RIAA

Well, before we get started here, why would we want to boycott the RIAA? Well, as I’ve pointed out before, they are using their intellectual property rights in a way that’s pretty close to extortion. They don’t pay fair wages to their artists (if they pay at all). They use illegal and quasi-legal tactics against universities, ISPs, and individuals. They stifle innovation – they’ve killed Napster and Oink, for example, and they’ve come close to killing ThePirateBay and AllOfMp3. They want you to believe that you don’t own the music you’ve paid for, and that fair use doesn’t exist when it comes to music. They’re also big fans of DRM that cripples the long term value of music (just so you’ll need to buy it twice or more). What about the Sony root kit debacle?

So, how far reaching is the RIAA? According to Wikipedia, about 90% of the music on store shelves is distributed through the RIAA. That’s a lot, unfortunately. The ‘Big Four,’ the largest four companies that pay into the RIAA are Sony BMG, Universal Music, Warner Music, and EMI. In addition, there are over 1600 individual labels, which are detailed here (warning, evil empire link). Strangely enough, there are several labels on the list of labels at the RIAA website that aren’t RIAA member labels, and apparently it’s very tough to get off said list.

So, how does one go about effectively boycotting the RIAA?

Well, the easiest way is to stop paying for music put out by RIAA labels. That doesn’t necessarily mean to download illegally, but to try to find any alternate means to getting your fix. More bands than you’d expect allow tape trading, for instance. If you’re hell-bent on having the latest music without the risk of peer-to-peer download, there are a few ways to limit your exposure – be creative.

You should let your favorite bands know that you’re passionate about this issue. Chances are that they’re not too happy with the RIAA either, for whatever reason. Support acts that are pioneering new and alternative distribution models (REM, Aimee Mann, Nine Inch Nails, Radiohead – the list keeps growing). For acts on RIAA labels, let them know why you’re not buying their music, and how you’ll support them otherwise.

NEVER support DRMed music – think of the unfortunate PlaysForSure suckers out there if you need any encouragement here. Go see a live show – you won’t regret it usually, and you’re effectively supporting your favorite artists through alternate means.

Start being vocal – tell your friends how to do the same things you’re up to, and stick by your principles. Show support to people like the EFF and boycott-riaa. Don’t let the lobbying arm of the RIAA unfairly influence our political process – contact your representatives and let them know how you feel. Above all, be creative and don’t give up the fight. Remember, this is a battle that music-lovers can win – when there’s no more money flowing to the RIAA and no more artists signing on, they’ve effectively lost.