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How Screwed Is Muxtape? Experts Say They Should Fight RIAA

8/19/08, 4:51 pm EST

While Muxtape is temporarily shut down, sidelined with RIAA problems similar to that of Pandora, attorneys familiar with the territory say the make-your-own mixtape site may be on solid legal ground with a potential case against the RIAA. According to Fred Von Lohmann, Electronic Frontier Foundation’s senior intellectual property attorney, the site is protected under the Digital Millennium Copyright Act of 1998, which provides for a so-called “safe harbor” for hosting material on behalf users, and the same defense used by user content sites like YouTube.

“I think they have a strong legal defense,” Von Lohmann told RollingStone.com. “The problem is if they might not have that money to go to court and take on the RIAA.” Von Lohmann said legal fees could cost around $2-3 million, an investment the Websites would likely rather spend on tech engineers.

An RIAA spokesman said it has made attempts to resolve the issue with Muxtape. “For the past several months, we have communicated our legal concerns with the site and repeatedly tried to work with them to have illegal content taken down. Muxtape was hosting copies of copyrighted sound recordings without authorization from the copyright owners. Making these recordings available for streaming playback also requires authorization from the copyright owners. Muxtape has not obtained authorization from our member companies to host or stream copies of their sound recordings.”

All this suggests RIAA is focusing on Websites who have the most buzz and popularity and trying to make deals, Von Lohman said. Last year they sued the popular music site Seeqpod and struck a deal with Imeem. “It’s good news bad news. The bad news RIAA is tying to shut down sites fan love. Muxtape is not a direct threat. It’s streaming. The good news in the last year they’ve shown a willingness to work out deals rather than destroying these site. Imeem was that success story.”

Muxtape founder Justin Oullette did not respond for comments on the status of the Website, or whether he would strike a deal.

“Maybe they didn’t agree with financial terms,” Von Lohmann added. “Or maybe they might not have any money. But it’s a measure of success to be sued by the RIAA. Once you’re popular enough, that’s when they come calling.”


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Comments

j.sun | 8/20/2008, 12:33 am EST

Everyone (who values music) hates the RIAA now, music is an art…not a business…why the Recording Industry Association of America wants to constantly shut music off from the public is beyond me…oh wait they have AMERICA in their title…that’s why.

I got turned around..... | 8/20/2008, 4:45 pm EST

….when Paul McGuinness said “how many retail stores in the world allow you to walk in and take their merchandise?” Yes, music is an art. Selling it is a business. Here’s a test: Walk into a gallery and try to take any of the paintings.

IHeartHeart | 8/20/2008, 10:54 pm EST

@I got turned around: But you can walk into an art gallery and discover and look at the paintings before you buy. Muxtape does (or did) the same thing — you can discover new music in a mix, and you have the option to purchase the song or songs from Amazon.

That alone should save Muxtape, no?

Lee J | 8/21/2008, 12:03 pm EST

Good read, touchy subject, interesting points for both sides in the comments here too.

my. bum. firmly. on. the. fence.

I got turned around..... | 8/21/2008, 1:19 pm EST

…..yes. Listening to a sample of a song should allow you to do that. Muxtape is a grey area.

Willis | 8/26/2008, 12:18 pm EST

There is only one painting in your example. Copies of a recording are infinite and intangible. To extend your flawed analogy, top 40 radio must be the equivalent of a service that comes to your home or car and hand-delivers you hundreds of free original paintings.

richrich | 9/20/2008, 1:38 am EST

The RIAA is a dinosaur. The strings they once held in their hand are slipping. Thank goodness.

The traditional promote and release a big album still works, but record companies need to diversify. There are so many more ways to make money ESPECIALLY through making things available to the customer via the internet with incredibly low costs. Bandwidth and storage are pennies per GB.

So I have no sympathy at all for the RIAA or for the “interests” of the musicians they are protecting. Just adapt! You can still make lots of money in the music business.

Anti-RIAA | 10/1/2008, 11:00 am EST

@Willis
Copyright laws exist to keep ruthless individuals or groups from seeking commercial gains from property which is not their own.

But what the RIAA is doing is using poorly written copyright laws to hunt down innocent people and take money from them and just ruin their lives with the excuse of copyright, nothing more.

No Willis, copies of recordings are the equivalent of pictures/copies of paintings. And what the RIAA is doing is hunting down anyone who looks at or acquires (FREE OF CHARGE) a picture of a painting, essentially trying to force everyone to PAY FOR a visit to the museum to see the painting, when you could see it on a book, picture, whatever. IT IS LUDICROUS!!

They are transforming our society into a DICTATORSHIP, using what is supposed to be the tools of our freedom as a weapon against our very liberties.

FIGHT THE RIAA!! OUR FREEDOM IS AT STAKE!!

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