By Eric Blair

On Friday, the Federal Communications Committee ruled by a vote of 3-2 that Comcast Corporation violated its users’ internet access rights, and ordered Comcast to stop cutting off large file transfers to users employing peer-to-peer file sharing software.

The FCC did not impose a fine, however they released an order stating that Comcast is to, within 30 days of the order’s release, disclose the details of their “discriminatory network management” and to submit a compliance plan in which they must detail how they intend to cease these practices by the end of the year. The plan must also be disclosed to its users.

Comcast did not agree with the FCC ruling, stating that the FCC’s network neutrality principles are statements of policy and not enforceable rules, and they have appealed the FCC’s ruling today with the D.C. Circuit Court of Appeal, hiring a lineup of “heavy” law firms to present their case, such as Wiley Rein LLP, the Washington, D.C. law firm whose partners include former FCC Chairman Richard Wiley.

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Peter Kafka

 Last month Guns N' Roses managed to sic the FBI on a blogger who was leaking tracks from Chinese Democracy, its perpetually delayed album. Guess what happened next?

The following is an email exchange between music writer Bob Lefsetz and Eric Garland, who runs BigChampagne, the online media measurement company. It was originally published via Bob's Lefsetz Letter.

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 3, 2008 11:12:17 AM PDT
To: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

So often I hear "artists, labels, and publishers have the right...".  Well of course they have the right, both under law and in principle.  Is anyone you know really disputing that?

Let's all agree:

1) Artists/owners have the right to control their creative works.
2) These rights will be habitually, and increasingly, violated (sometimes by your most loyal fans).
3) As these rights are violated, of course artists can avail themselves of legal remedies.
4) However, this will not impact the ongoing, chronic, and mass violation of those rights.  See #2, above.

What is there to argue about?  Your work has been illegally wrested from your control.  Hey, that's not right!  Agreed.  Now you have a simple strategic decision to make: pursue criminal or civil relief, or don't.

But let's be very clear about the facts and the numbers.

Arresting the GNR leaker has had a measurable impact on GNR piracy.  It has increased it, necessarily, by drawing a lot of attention to it.  News cycles do that every time.

All of the leaked tracks continue to be easily obtained from a wide variety of the most popular destinations on the web.  Google, for one.  Same as it ever was.

___________________________________

From: Bob Lefsetz
To: Eric Garland
Sent: Wed Sep 03 18:14:59 2008
Subject: Re: More Irving/Leaks

Can you provide me with statistics as to the increase after the
leak, after the lawsuit, etc?

___________________________________

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 4, 2008 12:41:13 PM PDT
To: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Well, only the leaker (nd now the FBI) knows for sure how many people grabbed the tracks directly from his own blog before he was shut down, but nothing like the more than 60,000 people (and counting) who have snagged it since the story of his arrest hit.

Most people learn about these leaks in the press.  The bigger the news cycle, the bigger the leak.

___________________________________

From: Bob Lefsetz
Sent: Thursday, September 04, 2008 1:23 PM
To: Eric Garland
Subject: Re: More Irving/Leaks

But how many downloaded it before the story about the arrest hit?

___________________________________

From: Eric Garland
Subject: Re: More Irving/Leaks
Date: September 4, 2008 1:39:18 PM PDT
To: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Sorry, should have been clearer: almost no one on torrent sites, as the initial downloading was directly from his blog.  The news story broke five days later and the torrent downloading has been going gangbusters ever since.

http://www.rollingstone.com/rockdaily/index.php/2008/06/24/guns-n-roses-chinese-democracy-leaker-gets-fbi-visit/

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