WASHINGTON – Two of today’s Supreme Court rulings cover separate but interconnected issues that will impact the future of the music economy. NCTA v Brand X impacts the basic architecture of the internet, while MGM v Grokster affects the applications that are offered to consumers using the internet.
These two decisions will have a significant effect on the Future of Music Coalition’s core interest: the transition of the existing music marketplace to a legitimate digital music economy that benefits musicians and consumers.
FMC believes the Grokster ruling may establish an important middle ground position. In emphasizing the liability for individuals and entities who encourage unauthorized distribution of creative works, the Court has reinforced and upheld the Sony Betamax judgment, finding that technology itself is not at fault. Important questions remain about the more specific contours of the copyright-infringement inducement doctrine. As litigation proceeds, artists must be protected from infringement but also from the power of copyright aggregators who could exercise de facto control over future innovation. We are hopeful that this decision lays the groundwork for fostering both protection and innovation.
The Brand X case is more troubling. By supporting the FCC’s regulatory classification of cable modem services, the Supreme Court has given cable companies much more leeway in controlling the applications and content that travels over their internet services. FMC remains watchful for attempts by both cable and phone companies to transform the internet into a proprietary high-speed network with industry as gatekeepers.
We believe the same dangers that artists experience in the face of radio and media consolidation could be replicated by concentrating control of the internet. Allowing tighter control of the broadband network architecture and facilitating increased influence for large copyright holders over the software developed for use on that network become even more significant policy concerns after today’s rulings.
About the Future of Music Coalition
The Future of Music Coalition is a national nonprofit education, research and advocacy organization that identifies, examines, interprets and translates the challenging issues at the intersection of music, law, technology and policy. FMC achieves this through continuous interaction with musicians and through collaborations with other creator/citizen groups.
Future of Music Coalition is a national non-profit education, research and advocacy organization that seeks a bright future for creators and listeners. FMC works towards this goal through continuous interaction with its primary constituency — musicians — and in collaboration with other creator/public interest groups. More