October 1, 2003

Consumer Market Power

In RIAA Push Invites Antitrust Scrutiny, Doug Simpson of Unintended Consequences writes:
Copyright holders that separately lack market power but act in concert to restrain competition may be subject to private suits by injured consumers. Successful consumers can recover treble damages and attorneys fees under a Sherman Act suit. These principles may come into play as RIAA members file suits against alleged individuals who share copyrighted music, some of whom may choose to file countersuits for Sherman Act violations.
This also reminded me to mention the following -- consumers need to stop buying CDs until the RIAA backs off with the lawsuits and the labels drop the price of a cd to under 10 dollars.

Update: While we're at it we might as well hold out until the RIAA okays personal use for such things as making "a compilation CD [or using] AOL instant messenger to share MP3 files with your friends." [Lawrence Solum via Donna Wentworth]


Previous Posts

  • Update to my post of Aug 16, 2002
  • I wonder if the RIAA is relying on Hotaling
  • More proof that DMCA-esque protection is out of whack with Copyright
  • Musicians discuss filesharing
  • RIAA Lawsuit Assistance
  • On the hunt for a Spammer
  • Encouraging IP lawyers to stop and think before they sue...
  • How cool are Librarians?
  • Blog Statistics
  • Around the Blogosphere