Google Bungles Music Beta Launch, Leaves Labels Angry
fastcompany.com
fastcompany.com
The functionality Google provides does not need to be negotiated with the labels. The user is free to upload their music. Since ripped (It's legal!) and pirated files are indistinguishable, it is not even possible for Google to prevent users from uploading pirated music (except in a way that would cripple the service in an unacceptable way).
Oh, and the law obviously allows Google to not have any measures in place that bar their users from uploading pirated music.
I don't think Google needs to get in the business of selling music (many others are and they all sell their music without DRM), they consequently also don't need to play nice with the labels. What the labels think about their new service is not so important.
Didn't Limewire just lose despite making that argument? I mean, granted that unlike Google Limewire probably was encouraging infringement, but it seems like an awfully fine line.
Looking only at experience the end user is having, the difference is minimal to non-existent but that’s not what the law cares about.
(My personal opinion is that what my.mp3.com was doing should be legal just as what Google is doing is clearly legal. The distinction the law is making in that respect doesn’t make any practical sense.)
Is that so, though? What if people start uploading music to accounts and then publishing the login details? Bingo bango, free google-hosted public radio station!
Moreover, I have a hard time swallowing that "the bully at the table was Google", given that the article's only support for this is the recording industry's claim that "The discussions were confused by Google ... adjusting how Music would actually work in ways that fundamentally changed how the labels thought about their IP, and thus how to license it", particularly in light of BMI's insistence that one person streaming their own music constitutes public performance [1]. This sounds to me like the music industry insisted on fundamentally crippling the service, and given the choice to cut one key feature or another, Google found it in their best interest to cut the one that makes the music industry the most money. I don't see any evidence yet that that was the right or the wrong choice from a user's perspective.
Unlinking search pages and disallowing one of the core pieces of functionality of the product sounds exactly like "unreasonable demands", at least from Google's point of view.
This isn't google tv; the labels' recourse is purely legal. If they want to sue to make listening to my own music off a server a public performance[1], I look forward to seeing that non-bungled legal action in the news. If they give super-licensing rights to Apple, I look forward to giving more business to a company that already has unreasonable leverage over the music industry.
It's really just too bad they bungled this.
Strangely the mafia didn't ask for a cut, and I'm don't see how this is any different.
For those who don't recall GoogleTV initially allowed users to view web video (like Hulu) on their TV. Google gave users this functionality against the wishes of the networks and the studios. So once GoogleTV was released the networks and studios blocked their content from being viewed on it.
Putting aside whether that was right or wrong Google should at least realize that's what happened and not treat the music industry the exact same way.
Anyone remember the web 1.0 music lockers that sites did?
MP3.com? and there were some others. Labels threw such a fit that forced those startups to have one copy on server served to many once it was uploaded for a monthly fee to satisfy labels. Same old oh you have to license from labels excuse was used..
Help, am I remembering this right?
Nooooooo...! Building a half-assed implementation of something cool? Not Google! Say it isn't so, Sergey!