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The recording industry
has "blacklisted" Internet file-sharing services and is
preventing other companies like RealNetworks Inc. from doing
business with them, according to music and technology industry
officials.
The record labels' attempts to isolate song swapping "peer to
peer" networks like Grokster and Morpheus have blocked deals
that could have potentially brought in millions of dollars in
revenues, the sources said, and might violate antitrust laws.
"If the last names of the CEOs of most major record labels ended
in a vowel they'd be calling this behavior racketeering," said
former Grokster president Wayne Rosso.
Record labels say they are simply refusing to work with
companies they regard as illegal.
Some 9.5 million Internet users log on to peer-to-peer networks
each day to copy music and other material from each others' hard
drives.
The recording industry says such unfettered copying has cut into
CD sales, and it has sued both the networks and roughly three
thousand of their users for copyright infringement.
Even as the two sides are locked in litigation, several
peer-to-peer firms have tried to open talks with the industry.
So far, recording companies have shown little interest.
"There is a big difference between exploring a new business
model in a legitimate and open business manner ... and going
into business with the taxicab driver who just ran the red light
and hit me," EMI Group Plc Executive Vice President John Rose
told the Senate Commerce Committee last month.
Peer-to-peer firms have also run into a brick wall with other
technology companies that distribute licensed content.
British download service Wippit Ltd. broke off plans to
advertise and sell music on Grokster last year after officials
determined that Universal Music Group would cut them off.
"UMI have expressed concern about our relationship with your
company and even though we are providing you with a legitimate
service they will not license music to Wippit if we have any
dealings with your company who they consider 'pirates'," Wippit
CEO Paul Myers wrote Grokster in a May 2003 e-mail.
"We had some opportunities, and unfortunately those
opportunities were taken away from us," Myers told Reuters. He
declined to elaborate.
"We have the right and the sense not to do business with people
who aim to profit or otherwise enable the theft of our artists'
music," Larry Kenswil, president of Universal's eLabs division,
said in a statement.
Other label officials said privately that their contracts
commonly are written to ensure that their material is not sold
alongside illegal or objectionable content.
Also last year, RealNetworks abandoned negotiations to bundle
its music-playing software with Morpheus, a deal that could have
eventually steered Morpheus users to paid content distributed on
Real's Rhapsody service.
"The labels have blacklisted you guys ... which means I'm
probably not going to get much latitude to do anything as far as
Rhapsody goes," RealNetworks general manager Ryc Brownigg said
in a phone message to StreamCast Networks Inc. last September.
Brownigg did not return a call seeking comment, and a
RealNetworks spokeswoman declined to comment.
Two other download services have also declined to work with
Morpheus because of pressure from the labels, StreamCast CEO
Michael Weiss said, adding that confidentiality agreements
prevented him from saying which were involved.
The record labels have a right to forbid partners from working
with peer-to-peer companies as long as they do so individually
and not as a group, one antitrust expert said.
"If it's done individually, then I think the question is, 'Is
this a reasonable condition on the contract,' and the answer is
yes," said George Mason University professor Ernest Gellhorn.
But the labels are shooting themselves in the foot by ignoring
such a large audience, said one music-industry executive who
declined to be identified.
"If they could get one dollar out of these peer-to-peer users
... that's $10 million in the kitty toward the artists and
writers. That's a step forward, and one song sold is one song
not illegally downloaded," the executive said.
Source: Reuters
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