Hi Alisdair,
Bobby, I think it's good that he's spoken out and highlighted the issue but my general feeling that lawsuits against individuals are
not really the way to go. IMO, it would be more effective to pursue
the corporates such as Google/Youtube etc., who benefit by way of ad revenue in part generated all the illegally uploaded music/movies/books.
The groups (we all know who they are) who have been successful in the courts over the years were those who attacked, and attacked, and attacked, over and over, and over. They usually had the help of the ACLU or some other organization, while musicians unfortunalety have to pay for lawuers who are only interested in making a big score for themselves, but the point is to sue, and sue, and sue again, even if the courts think the suits to be frivolous.
This is and has been my argument with groups like the Union, ASCAP, and the like - other than lip-service, they don't really fight all that hard for their individual members. They have legal staffs (albeit limited), and ultimately it's their membership who pays those legal fees. If they went after individuals, and didn't give up, it would discourage so many "covers-done-badly" (or otherwise) from saturating the marketplace with freebies. If individuals knew they risked a lawsuit, they would (and should) think twice.
AND the bug guys should be sued over and over again, and not just for a negotiation over a token fee which leaves them with everything and the composer/performer with almost nothing.
If I were to push for radio airplay of a recording and get it, I would be sued almost immediately, either for monies, or for cease-and-desist. And I would lose. The Internet is and should be no different. But if a lawsuit only comes around once in a while by a mousr against an elephant, the courts will not pay attention. Suit after suit after suit is what makes them take notice.
It's really too bad that musicians don't have any representation from organizations with real balls, like AFTRA. The Musician's Union is more concerned with work-dues than they are over anything else, and don't even show enough teeth to keep canned music off Broadway.
best,
Bobby
best,
Bobby
