A History of Silly Lawsuits (Brought to you by the Entertainment Industry)

So the RIAA is really at it this time.

I don't blame them, on the one hand. Their constituency is the record companies. People are pirating records—STEALING! Some are doing it for fun,. others are doing it for profit. But the RIAA, and the MPAA have shown, time-after-time, that they don't understand the difference between letting the music get out there to cultivate the fan base (many of whom who will eventually buy the record anyway), and people genuinely stealing it, so that they can avoid paying for it. In the early '80s, during the advent of home video/VCRs, the MPAA was certain that home taping, and the new form of piracy now available to any TV watcher, would be the death of the movie industry. They couldn't have been more wrong.

Speaking of "Wrong", stealing is wrong! We know this. But prosecuting students, little old ladies, and others who not only don't have the means to pay outrageous fines, but who can easily play the "victim" card..that's just bad. They can't catch the travelling show that is most "services" that provide a conduit to illegally uploaded files. Not only do these services make it easy for people to download copyrighted material, but many of these "services" lead downloaders to viruses and other nasties that don't belong on anyone's computer.

When George Harrison was sued for copyright infringement / plagiarism, didn't the entire music community just...get a chuckle? George was a prolific, enormously talented composer. He knew the song ("He's So Fine"), acknowledged he knew the song at the time he wrote "My Sweet Lord". Did he steal it? I couldn't see how or why he'd want to. Do they share pitch and rhythm sequences in key parts of the respective songs? Yep. Could George have come up with that on his own? Definitely. Did "He's So Fine" pervade his consciousness enough to come out in one of his own compositions? Sure. Should he have had to pay for that? I don't think so. Doesn't matter. A judge ruled in favor of Bright Music (who owned the copyright to He's So Fine).

I view it as a subconscious version of Variations on a Theme. Many composers have purposely taken an existing melody (their own, or someone else's), and have written entire new compositions based on the original. What Harrison did could, at worst, be similar to a variations on a theme.

But he was a good sport and made an offer to settle the claim of infrigement/plagiarism. Of course, as in all things "big business", it got more complicated than George writing a check.

Intellectual property is an astoundingly important concept. Because we can claim copyright, we allow the great creators among us to be motivated and create new things for the world to enjoy. Intellectual property must be protected, but it must be protected intelligently. Publishers aren't as interested in the work as they are in the revenue that the property generates. Song pimps help the creative people to make a living. But to the publishers, one "girl"'s as good as the next—if they both make money. The "girls" who make the big money are generally treated better, and are defended more vigorously. Exploitation of intellectual property is fine. It's part of commerce, and hopefully, helps the composer, author, visual artist, or whoever, to sustain themselves, and to continue creating new works.

And so, the ridiculous lawsuits continue. More on them later. This post is very old and late.

Keeping the (Strike) Iron Hot:

Technology Tips for the Writers Guild to create /
maintain public awareness during the strike

Dear Writers:

I wholeheartedly support your cause, and would like to help.

In the first days of the strike, you chanted “1, 2, 3, 4, we just want to write some more.5, 6, 7, 8, Why won’t you negotiate?”.

Clever? Perhaps. On Message? Definitely! Effective? Maybe (at best).

Your job is to put words on paper. Getting those words out to the public isn’t your specialty–nor should it be. In fact, the people against whom the writers are striking are the ones with the Mega-megaphones that reach around the world. (I won't bother linking to them.)

As such, I am not surprised that the writers’ message isn’t getting out as much as it could be. Isn’t it ironic that the primary reason for the strike is that the studios and production companies aren’t willing to better compensate you for internet broadcasts of your work, and that you aren’t ALL using that astoundingly powerful (and practically free) medium to better broadcast your message?

(Wasn't that a hell of a long sentence just now?)

Not only is the internet likely to be the primary broadcast medium in the near future, but it’s going to continue to be a much more versatile means of getting a message out than television is. As many of you know, ANYONE can broadcast on the internet.

Now, about getting the word out:

The Writers Guild of America website (wga.org) offers some news, but...how does the average person know to go there?

For rates ranging from zero to 1/25th of a penny, the Writers Guild (and each of you)
could be sending e-mail newsletters to “push” your message out to te public,
draw them to the Guild’s website, and to other information sources.

“Opt-In” Newsletters have been a very effective way to PULL traffic in by PUSHing a message out.

For zero dollars, the writers you could include links to YouTube videos, and Picasa picture galleries inside those e-mail newsletters.You could link to the amazing content on sites like
The Late Night Writers On Strike site, YouTube, and Deadline Hollywood Daily.

Vertical Response gives an opportunity for those without a lot of money, but with a great cause, to get the word out. Vertical Response will also let you send a wide variety of mailings, get great reporting/statistics on how many people have seen, or opened your message, and allows you to really organize your lists effectively.

For zero dollars, you could EACH be creating a blog, displaying the kinds of writing talent that’s laying fallow. Blogs which mention The Writers Guild, the strike, or anything else related to your cause increase their visibility on the web in general, and on Google specifically.

The Guild held a rally on November 23rd. It was terrific. I had to go to the Writers Guild website to find out there had even been a rally. I went to YouTube, and sure enough, there were video excerpts from it.

How about raising money for the strike fund?
Paypal is a great conduit for contributions to the WGA strike fund! It’d allow anyone
who’s so inclined to contribute to the strike fund. Your blogs, newsletters, and links wherever you can get them, will bring in visibility and money!

There is a FANTASTIC site that David Letterman’s writers put together. It’s full of GREAT, original videos and writing, that’ll keep us HANKERING to see that great writing talent back on TV. In fact, seeing their fantastic work online may give the Letterman audience a whole new perspective on what they could expect from Letterman’s show.

Someone with the pseudonym WriterBoi created a Hip Hop Anthem for the strike.

Holly Hunter did a fabulous short called “Speechless”.

It clearly demonstrates what happens without the Writers Guild membership.

But we had to go SEARCHING for it. Publicizing something that fantastic is EASY.

You’re writers, and you’re doing a fantastic job putting together original content that gets the word out. But the word’s not going far enough! Since the studios aren’t distributing your content on TV and in movies, do it yourselves.
Some of you are doing it already. Do it more. It’s easy. All it takes is a webcam, free software, and an internet connection.


PetitionOnline.com can get your word out to
the masses, and demonstrate a show of support. (There’s already one petition to the studios, add another, or get signatures for the one that’s up there.)...Include a link to it in your blog, your newsletter.

Take your webcam and a laptop to the picket line. Most Apple notebooks of the past 3 or 4 years have built-in webcams. Stream events live! Lord knows that significantly less important things are being streamed live on the web. Some cell phones can even function as webcams.

If you want to communicate the numbers, to those who don’t understand how little the
writers want for their contribution, putting a little gadget on the website that multiplies the number of
streams/users by the pennies the writers are asking for, versus the studio’s income from those same streams might be an effective tool.

Striking blue collar workers have the same tools available that you do, but you, the writers have an astounding talent that can complement the medium so well. Demonstrate further how your talent can still be a powerful force without the networks.

My thoughts are with you.