Well, the case has come back from the jury, and the Recording Industry Association of America (RIAA) lost.
That's right, I said they lost.
Sure, you're going to see all kinds of
news stories tomorrow morning about this case. And they will tell you that a single mom from Brainerd, Jammie Thomas, now owes the RIAA $220,000 in fines and damages. You will be told that this is a landmark, precedent setting case. You will hear from record executives all over the country that justice has finally been served, that the tide has been stemmed, and that internet users will soon terminate their illegal file sharing behaviors.
That's what they'll tell you.
But they're wrong about all of it. Except Jammie Thomas and her fine--she's (to quote Shrek 2)
"up a chocolate river without a Popsicle stick." But the RIAA did not win for the long term. Today's court decision was one of the final nails in the coffin for an industry that has shown itself consistently unable to be imaginative or forward thinking. Seriously--how messed up is it (from a marketing standpoint) to sue your potential customers? It's unprecedented, and it spells further doom for Sony, Virgin and the others. Because, the truth is, people are waking up to the reality that they DON'T NEED record companies to
find music anymore. And, as online music stores like iTunes and myspace continue to crop up and synchronize file formats, people won't need the record companies to
buy music either.
If you want further evidence that the RIAA is in its final throes, read
Peter Carlson's excellent blog about Radiohead's plan for their new album. The short version: they are releasing it independently and are allowing downloaders to choose how much they will pay for it. Thus, if you value it, you'll drop 10 bucks or more. If you're just checking them out for the first time, you can download it for free with no guilt involved.
So, just to be clear: Record Labels=dying; Radiohead=brilliant.
When this pans out financially for RH--and I'm sure it will--there will be execs at the major labels turning their ties into nooses. A decade of reactionary and antagonistic behavior toward its consumers combined with an utter lack of imagination has guaranteed the end.