Law Students

Sign of the Times?

The Music Industry Will Need To Win More Than Just The Legal Arguments In Capital v. Thomas : Owners, Borrowers & Thieves 2.0. Sweden's Pirate Party gets a seat in the European Parliament as a result of Sweden's liberal view on copyright protection.

Whether or not you agree with the decision in the case that rallied the troops to vote the way they did, one fact is indisputable: the "kids" (18-24) got out and voted to make their voices heard. Surely the Internet played a significant role in this outcome because the case was widely renown internationally and it remains unclear what the unintended consequences might be for the music industry.

Now we have a US case going to trial: Capital v. Thomas. Six record companies have brought suit against Jamie Thomas for allegedly using a P-2-P network to share music files. Of the many cases brought by the music industry, apparently this is the one only that has gone to trial.

Whether the music industry is "right on the law" may not be as important as the fallout that comes from suing your customers--especially those with the most disposable income to purchase music. In short, this will be an interesting case to watch as much for its economic, social and political impact as for the outcome itself. The music industry will never return to the good 'ole days, so that question is "what does this portend for its future in its next incarnation?"

Just because you can do something from a legal perspective doesn't always mean that you should. In these days when we all have access to global communications instantly, the business impact of your legal strategy should not be something that is "willy/nilly" ignored. How much is your reputation worth to the market the buys what you sell?

Full post as published by LawTechTV on June 17, 2009 (boomark / email).