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Senator Hatch Is At It Again
RIAA Takes On Napster and The P2P Networks

From Tony Bradley, CISSP-ISSAP, for About.com

When Napster sprung up and the concept of users forming a peer-to-peer network exploded, the RIAA was quick to blame the illegal downloading of music for a decline in sales. They failed to take into account the fact that their own price-fixing had alienated much of the customer-base or the fact that the entire economy was in a slump making music CD's a low priority for many people when compared with rent or groceries or that consumers might be tired of spending $18 for one good song and a bunch of second-rate filler from their mega-bubble gum pop album du jour. In March of 2004 Felix Oberholzer of the Harvard Business School and Koleman Strumpf of the University of North Carolina - Chapel Hill wrote The Effect of File Sharing on Record Sales which concluded "If we are correct in arguing that downloading has little effect on the production of music, then file sharing probably increases aggregate welfare. Shifts from sales to downloads are simply transfers between firms and consumers. And while we have argued that file sharing imposes little dynamic cost in terms of future production, it has considerably increased the consumption of recorded music. File sharing lowers the price and allows an apparently large pool of individuals to enjoy music. The sheer magnitude of this activity, the billions of tracks which are downloaded each year, suggests the added social welfare from file sharing is likely to be quite high."

Nevertheless, the music industry not only insisted on ignoring the tremendous marketing value of P2P file sharing and blaming P2P networks for a decline in sales but, as if their "plight" is somehow linked to national security or anti-terrorism, they even went so far as to lobby for exemptions from hacking and computer security laws to be secretly bundled with the PATRIOT Act to allow them to hack systems suspected of P2P file sharing or even initiate denial-of-service attacks against P2P network providers.

When word of that lobbying effort leaked the public backlash forced such measures to be withdrawn, but it didn't stop the lobbying efforts of the RIAA and MPAA from looking for other "creative" ways to deter file sharing. In June of 2003 Representatives Howard Berman (D-CA) and Howard Coble (R-NC) proposed a bill that would exempt copyright holders from anti-hacking laws and shield them from litigation that might result from damage incurred during such hacking and allow them to execute hacking attacks against computer systems as long as they have a "reasonable basis" to believe that piracy is taking place.

Jessica Litman, a Wayne State University professor and specialist in copyright law stated in a CNet.com article "I think it's wildly overreaching...copyright owners are in essence asking Congress to say that peer-to-peer file trading is such a scourge, is so bad, that stopping it is more important than enforcing any other laws that federal or state governments may have passed on computer security, privacy, fraud and so forth."

This was followed with the Hatch statement quoted earlier regarding the legality of allowing copyright holders to damage computer systems and by the RIAA beginning a rampage of using provisions of the DMCA (Digital Millenium Copyright Act) to compel internet service providers (ISP's) to identify the users associated with IP addresses known to traffic illegal music files and the filing of hundreds of lawsuits against individuals. These lawsuits have been hailed as a success by the RIAA while bringing outrage from many for targeting children like the case of Brianna Lahara, a 12-year old honor student living in a New York Housing Authority apartment who settled for $2,000 last September (the fine was paid for her by a P2P industry group). Shortly after this during a Senate Judiciary committee hearing Senator Dick Durbin (D-IL) asked the RIAA President Cary Sherman “Are you headed to junior high schools to round up the usual suspects?”

Not wanting to be left out of all the fun, the RIAA's motion picture cousin the MPAA (Motion Picture Association of America) was also exerting their lobbying muscle to push legislation. They are credited with authoring the template that has been used in many states to create what have been dubbed Super-DMCA laws. These state-level laws seek to augment and expand upon the federal DMCA law, but the wording of some parts of the legislation is very broad and seemingly makes many computer network and security technologies illegal (see Are You Breaking The Law?).

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