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P2P Strikes Back |
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Congress Urged To Heed Courts Advice: Let Neutral New Technology And The Market Find Its Own "Equilibrium"
Adam Eisgrau, Executive Director of P2PUnited - the Washington-based trade association of the peer-to-peer technology industry representing the developers of BearShare, Blubster, Grokster, eDonkey and Morpheus P2P software - released the following statement on the Ninth Circuit Court of Appeals' stunning and complete affirmation today of last Spring's Federal District Court ruling that such developers do not infringe copyright by developing and distributing their popular software programs used by tens of millions of Americans:
"The Ninth Circuit's complete and utter rejection today of the entertainment industries' attempts to warp long-standing, pro-innovation copyright law into a weapon against peer-to-peer technology and its developers is a profound and major victory for the American consumer and our economy. Critically, the court cut through and rejected Hollywood's and 'Big Music's' propaganda about peer-to-peer software and the P2P United member companies sued in this case (Grokster and Streamcast) to find the truth:
peer-to-peer software is not only capable of many important and substantial non-commercial uses that do not infringe copyright, but is also used now for valuable commercial purposes, as well; decentralized peer-to-peer software programs, like Grokster and Morpheus, were built to and do comply fully with current copyright law; and before the time-tested law set down by the Supreme Court in the Sony Betamax case 20 years ago is changed, extreme caution and care is required to avoid killing a revolutionary technology in its cradle."
"While the court acknowledged that only Congress can make the kind of radical change in copyright law that the copyright cartel wanted in this case, it also clearly indicated that having the power to make change does not mean that change should be made. P2P United respectfully urges every Member of Congress to heed the court's strong advice that such radical change would be 'unwise' and, if they read no other part of the Ninth Circuit's opinion, to take the court's following observations to heart.
'The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well established distribution mechanisms. Yet, 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 Copyright Owners urge a re-examination of the law in the light of what they believe to be proper public policy, expanding exponentially the reach of the doctrines of contributory and vicarious copyright infringement. Not only would such a renovation conflict with binding precedent, it would be unwise. Doubtless, taking that step would satisfy the Copyright Owners' immediate economic aims. However, it would also alter general copyright law in profound ways with unknown ultimate consequences outside the present context.'
"The court is right and neither pending legislation nor more litigation will make a market for the 21st Century that puts the power of peer-to-peer technology to work for the public and for the artists that multi-national copyright aggregators so cynically claim to speak for."
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Posted by Doja on Thursday, September 30 @ 10:10:58 PDT (2 reads) (comments? | Score: 0) |
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ARBITRON
| Recent
Studies |
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Internet and Multimedia 12: The
Value of Internet Broadcast Advertising 03.24.04
More than four in 10 (42 percent) people who
listened to Internet Radio in the last month listened while shopping or
researching a product or service online, according to the latest study from
Arbitron Inc. and Edison Media Research—Internet and Multimedia 12: The Value
of Internet Broadcast Advertising. The study focuses on the Internet radio
and video audiences and the most effective way to market to this elite segment
of the U.S. population.
Internet and Multimedia 11: New Media Enters the
Mainstream 09.23.03
Approximately
50 million Americans have used Internet audio or video in the last month
according to Internet and Multimedia 11: New Media Enters the Mainstream.
The study examines how new media usage—such as satellite radio, personal video
recorders and DVDs—has become part of mainstream consumer habits.
Internet and Multimedia 10: The Emerging Digital Consumer
02.25.03
An estimated 103 million
Americans age 12 and older have ever used Internet audio or video broadcasts,
according to a new study by Arbitron and Edison Media Research. The study
reveals that the percentage of all Americans who currently use Internet audio or
video (44 percent) is nearly twice the size of what it was three years ago (24
percent).
Internet 9: The Media and Entertainment World of
Online Consumers 09.05.02
According the the latest research from Arbitron and
Edison Media Research, one out of five americans feel the Internet is "most
essential" to their lives.
Internet 8: Advertising vs. Subscription - Which
Streaming Model Will Win? 02.26.02
Research from Arbitron and Edison Media Research
shows that consumers continue to use online audio and video in record numbers.
Although the industry is facing new controversies regarding digital rights fees,
consumers show a willingness to pay subscription fees for the right mix of
offerings.
Listen to the webcast
replay.
Download the Internet VIII Study Summary
Download the Internet VIII Study Presentation
Streaming Subscription
Models: An In Depth Look
| Audience
Profiles |
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Scarborough Research provides
insights into the shopping patterns, lifestyles, media habits, and demographics
of today’s consumers. Information about people who have tuned in to Internet
radio or video in the past month is available for nearly all of Scarborough’s
categories, including brand-level data. This information is vital for media
planners who want to reach a specific audience.
The profile of a typical Internet
radio or video user is a white male, age 25-34, who attended college and owns
his own home.
He’s a professional making $75,000+
per year and has taken more than 10 round-trip business flights in the past
year. He also participated in the computer hardware/software purchasing
decisions in his company.
During his leisure time, the
typical Internet radio or video user shops at Best Buy, visits Starbucks and
enjoys an imported beer.
Profile of Monthly Users of
Internet Radio or Video
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Scarborough
Category |
%
Composition* |
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White |
73% |
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Male |
62% |
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Age
25-34 |
27% |
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Professional
Specialty |
16% |
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Executive,
Administrative, Managerial |
15% |
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HH Income
$75,000+ |
37% |
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Some
College |
43% |
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College Graduate or
More |
31% |
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Owns
Residence |
63% |
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Scarborough
Category |
Index |
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Participated in
computer hardware/software purchasing decisions in his company in the past
year
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206 |
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Taken 10+ business
round-trip flights in continental U.S. in the past
year
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167 |
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A purchase at Best
Buy in the past month |
183 |
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Visited Starbucks in
the past month |
176 |
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Drank any imported
beer |
164 |
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*
How to Read: 62 percent of monthly Internet radio or video users
are male. People who use Internet radio or video are 106 percent more likely
than the average consumer to have participated in company purchasing decisions
about computer hardware/software in the past
year.
| Archived Studies |
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Below, you will find some earlier
studies conducted by Arbitron in relation to Internet Broadcasting and Broadband
access. These studies are considered dated and should only be used for trending
purposes.
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Internet Study VII: What Consumers Want
Next 9.5.01
Arbitron and Edison Media Research
premiere their latest research on radio consumers and how they see the
Internet and streaming. With many stations having pulled their streams and
some questioning their commitment to the Web, this presentation can help you
devise useable Web or streaming strategies.
Download the Internet Study VII Summary
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The
Broadband Revolution 2-The Media World of Speedies
06.18.01
This is the second in-depth examination of Americans with
superfast broadband Internet access. Gain insight into how today's broadband
customers impact the future success of traditional and Internet media
companies. This study reveals opportunities for tapping into the large
outside-the-home speedie market.
Download the Broadband 2 Study (~276KB PDF file)
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Webcasters "Speak Out!" 5.08.01
Hear the state of the industry according to key webcasting
executives in Arbitron's latest Internet industry study, "Webcasters 'Speak
Out!'" Find out what webcast industry executives say about the industry's
development to date, its realistic and optimistic future, and how webcasting
can deliver for advertisers.
Download the complete study now. (~132 KB)
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Arbitron Presents Newest Streaming Study at the
NAB 4.26.01
Presented at the National Association of
Broadcasters (NAB) 2001: The Convergence Marketplace convention, "The Need for
Speed," based on the Internet VI "Streaming at a Crossroads" study discusses
consumer usage of broadband and online streaming media and its implications
for the future of television in the new media
world.
Download the complete study now (~1.88 MB)
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Internet Study VI: Streaming at a
Crossroads 2.2.01
The latest in the series from
Arbitron/Edison Media Research shows that despite the slowdown in time spent
with the Internet overall, more Americans are using streaming media on a
regular basis. This research documents elements that have been propelling
streaming media's growth over the past two years.
Download the Internet Study VI Executive Summary
Download the Internet VI
Presentation
- Radio Station Web Site Content: An In-depth
Look 11.21.00
As the Internet continues to grow, a
radio station's online presence becomes increasingly important; as such, it is
crucial to know both what features radio station Web sites have and what
features visitors to the sites are looking for. To date, however, the radio
industry lacks a comprehensive synthesis of this information. Therefore, we
present "An In-Depth Look at the Content of Radio Station Web Sites," a report
which not only addresses what content radio station Web sites currently have,
but also presents recommendations as to what content they should have.
Download "Radio Station Web Site Content: An In-depth Look"
(~953 KB)
For More information about Arbitron
or any of the above articles, please visit their website at www.arbitron.com
Reprinted with permission
2004
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