Aural Intercourse: One for the downloader

By Mike Prevatt

Throughout the past year, legal battles involving swapping music files on the Internet have largely favored the record companies, as they continue to sue individuals caught sharing their digital song collections via networks such as Kazaa, Limewire and iMesh.

However, if last week's ruling in favor of file-sharing software companies Grokster and StreamCast (which distributes Morpheus) doesn't officially vindicate the average downloader, it certainly validates the technology they use. On Aug. 19, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled unanimously that Grokster and StreamCast were not responsible for the free-flow of copyrighted material between users. The ruling is arguably the biggest victory to date for the online companies.

The software in question facilitates file sharing--the trading of information online, whether it be text documents or Ashlee Simpson MP3s--from one user's computer to another. The music and film industries have steadfastly maintained that such activity is illegal, as copyrighted material is being distributed without proper compensation. The lawsuits presented by lobbying associations the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) have regularly sought injunctions to shut down the file-trading services they claim are making money off free use of artists' work.

But the 9th Circuit Court argued last Thursday that the software was important to the dispersal of data over the Internet. "The technology has numerous other uses, significantly reducing the distribution costs of public domain and permissively shared art and speech," said Judge Sidney R. Thomas.

Furthermore, the court ascertained that because the Grokster and Morpheus servers are decentralized, they are not promoting the distribution of copyrighted material. This was not the case in 2000 with Napster, the software company that was shut down by the same court. It had a centralized hub that could be shut down by its operator. Grokster, by comparison, cannot be terminated similarly because it does not have a central server to close.

Kazaa, the most popular of the file-sharing programs and target of a pending RIAA suit back in 2001, also possesses a decentralized server. Last Thursday's ruling was sure to relieve its parent company, Sharman Networks.

Thomas also made a curious observation regarding the historic protests of technology by copyright holders. "From the advent of the player piano, every new means of reproducing sound has struck a dissonant chord with musical copyright owners, often resulting in federal litigation," said Thomas. "History has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine or an MP3 player."

The ruling forces the RIAA to reconsider its battle plans, but it can't force the group to stop issuing lawsuits for copyright infringements. So far, nearly 4,000 file sharers have been sued, with about 20 percent of them having settled for around $3,000 each. A small number of litigants have paid more than that after losing their cases, and others await their shot before a judge.

Quickies

Brian Wilson, once the creative force behind the Beach Boys, is finally bringing his long-unreleased opus Smile to music stores and concert halls. On Sept. 28, Nonesuch records will release a newly recorded, 17-track version of the mythic album, which was originally to be the Beach Boys' proper follow-up to its 1966 classic Pet Sounds until its label and band members rejected it. Two days later, Smile sees its live American debut in Minneapolis. The tour ends Nov. 2 in Los Angeles (no Vegas date has been scheduled). Wilson toured Europe previously this year, playing the album in its entirety to reportedly rapturous crowds.

Rock acts Sheryl Crow, Crosby, Stills & Nash and Jack Johnson are the latest additions to the Vote for Change tour, which takes place in electoral swing states the first week of October. They will play select dates of the John Kerry-stumping trek that also includes Bruce Springsteen and the E Street Band, the Dave Matthews Band and R.E.M.

VH-1.com reports that local boys The Killers will join fellow modern rock acts Modest Mouse and The Walkmen as performers on Fox's popular TV series "The O.C." The episodic performances will reportedly coincide with a live music hangout the show's writers have developed for the show. The new season starts Nov. 5.

Spin writer Marc Spitz recently announced on his website that his 2003 novel How Soon Is Now will hit the big screen. The book--about a music writer trying to reunite the Smiths, the band he had adored since his adolescence--will be adapted by the author, and directed by Alex Steyermark (last year's Prey for Rock 'n' Roll).

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