Napster v2.0
This is an interesting idea - Snapster. A public company that buys CDs and distributes the songs via the web to its shareholders for a nominal fee (nickel a song). Its perhaps not illegal since as a shareholder, you have an ownership stake in the companies assets - the CDs. So you are essentially just downloading music that you already own. [link via Magnetbox]
What I have described is legal, it just leverages technology in a way that has never been done before. There are precedents for group ownership of recordings and certainly the law of mutual funds is very clear. Of course, the RIAA will have a response. They will file suit, probably claiming restraint of trade, but this simply will not stand and it is impossible to believe they could get any form of retraining order. Still, Snapster must have funds to support a vigorous defense -- a defense that has been planned well in advance. The RIAA will also try to have laws passed making Snapster illegal, so an anti-RIAA lobbying effort would also be a good idea.
What I have described is legal, it just leverages technology in a way that has never been done before. There are precedents for group ownership of recordings and certainly the law of mutual funds is very clear. Of course, the RIAA will have a response. They will file suit, probably claiming restraint of trade, but this simply will not stand and it is impossible to believe they could get any form of retraining order. Still, Snapster must have funds to support a vigorous defense -- a defense that has been planned well in advance. The RIAA will also try to have laws passed making Snapster illegal, so an anti-RIAA lobbying effort would also be a good idea.
# | July 25, 2003
