Antitrust Case Against RIAA Reinstated

NewYorkCountryLawyer writes "After Starr v. SONY BMG Music Entertainment was dismissed at the District Court level, the antitrust class action against the RIAA has been reinstated by the US Court of Appeals for the Second Circuit. In its 25-page opinion (PDF), the Appeals court held the following allegations sufficiently allege antitrust violations: 'First, defendants agreed to launch MusicNet and pressplay, both of which charged unreasonably high prices and contained similar DRMs. Second, none of the defendants dramatically reduced their prices for Internet Music (as compared to CDs), despite the fact that all defendants experienced dramatic cost reductions in producing Internet Music. Third, when defendants began to sell Internet Music through entities they did not own or control, they maintained the same unreasonably high prices and DRMs as MusicNet itself. Fourth, defendants used MFNs [most favored nation clauses] in their licenses that had the effect of guaranteeing that the licensor who signed the MFN received terms no less favorable than terms offered to other licensors. For example, both EMI and UMG used MFN clauses in their licensing agreements with MusicNet. Fifth, defendants used the MFNs to enforce a wholesale price floor of about 70 cents per song. Sixth, all defendants refuse to do business with eMusic, the #2 Internet Music retailer. Seventh, in or about May 2005, all defendants raised wholesale prices from about $0.65 per song to $0.70 per song. This price increase was enforced by MFNs.'"

Re:What about my stress level

[ByOhTek]

The point about boogy men is they aren't supposed to be real, that way once the kids get old enough, they don't have to live their lives in fear.

Obviously the **AA groups are not suitable for this, because they are real!

From the IRAA's point of view.

[Anonymous Coward]

Speaking as someone who's very close to the RiAA this is what I have to say:

You people have no chance! We own the Congress, we have more lawyers and eventually, NYCL WILL come over to the Darkside - it's only a matter of time.

You little thieves just need to stop stealing our music!

We now have factories in Malaysia, Indonesia, and Africa that produce music - all run by small children that are paid with barely enough food to live. We just hire good looking people to lip synch in videos and "live" shows. And then when they can't work anymore, we sell the little girls into prostitution and the boys are then trained to be our stormtroopers.

So just shut up! I have to go. My stupid idiotic maid made my afternoon cocktail with the blood of kittens when I especially ordered her to make it with the blood of puppies!

Courtney!

Price fixing on CDs

[locallyunscene]

So they're finally calling them on the price fixing of CDs?

I wonder if Hollywood Accounting could save them.

Re:What about my stress level

[Anonymous Coward]

why would you have an increased stress level due to the RIAA? Only people who are violating copyright on music would need to worry about that. If you've violated copyright then the stress is induced by you - so sue yourself. If you haven't violated copyright than any stress you are feeling due to the RIAA is a symptom of insanity.

rightly named clause

[slashdime]

Screw these MF's and their MFN's!

Re:Thanks again NYCL

[Just Some Guy]

I am officially quitting my job today. I am in the wrong line of work and am fixing that starting now.

Re:Thanks again NYCL

[sdstuart]

You may want to rethink that. Becoming a hooker just to sleep with music executives isn't as glamorous as it sounds.