(CelebrityAccess News Service) – As a result of the recent RIAA lawsuits, 60% of consumers who have downloaded music from the Internet say they will be downloading less in the future. This is the major finding in a new survey released by Music Forecasting, a leading provider of independent marketing research to the recording industry.
In addition, 58% of consumers who had downloaded said that they had downloaded less music this month than last month. Of the active 12- to 54-year-old record consumers polled online, 92% said they were aware that the RIAA lawsuits had begun.
"Clearly, the RIAA action appears to have raised awareness that downloading music from Kaaza, Morpheus and similar sites is illegal, and this has had an immediate impact on consumer behavior," said Ron Gregory, president of Music Forecasting, Inc.
Other findings indicate that 40% of consumers who downloaded from the Internet did so to aid their music purchasing decisions. Additionally, 35% of consumers say they object to paying full price for a CD that may contain only one song they like, and they use the Internet as a way to obtain that song. Only 13% said they could not afford to pay for music at the current prices.–Bob Grossweiner and Jane Cohen
Music Industry May Have Sued Wrong Person
BOSTON (AP) — In a possible case of mistaken identity, the recording industry has withdrawn a lawsuit against a 66-year-old sculptor who claims never to have even downloaded song-sharing software, let alone used it.
Sarah Seabury Ward, of Newbury, Mass., and her husband use their computer to e-mail with children and grandchildren, said Electronic Frontier Foundation attorney Cindy Cohn, who has worked with the family. They use a Macintosh, which cannot even run the Kazaa file-sharing service they are accused of using illegally.
Nonetheless, Ward was one of 261 defendants sued by the recording industry this month for illegal Internet file-sharing. Ward was accused of illegally sharing more than 2,000 songs, including rapper Trick Daddy's "I'm a Thug."
An attorney for the Recording Industry Association of America withdrew the case Friday, calling the move a "gesture of good faith" but writing in a letter to Ward's attorney that the organization would continue to look into the matter and reserved the right to refile.
RIAA spokeswoman Amy Weiss said Wednesday the group believes the computer address — known as an Internet protocol (IP) address — provided by Comcast Corp., Ward's Internet service provider, is correct and the organization still believes it has the right account.
Cohn said she expects more cases like this to emerge, given the difficulties of tying IP addresses to particular individuals. She said Internet service providers like Comcast don't have enough IP addresses for each user, so they shuffle them around, and it is difficult to track which addresses were assigned to a particular account.
"This is what happens when you sweep away all the due process protections and all the privacy protections," Cohn said. "Those are the kinds of things that would stop this before it gets to the stage where you sue some nice old lady who did nothing wrong."
Comcast spokeswoman Sarah Eder declined to comment specifically on Ward's case, but said the company has helped the recording industry to match IP addresses with users' names, but only in cases where Comcast is legally bound to do so.
Ward's husband and attorney declined to comment.
Weiss said this was the only case the RIAA had withdrawn, but Cohn said her group was investigating several others that may involve mistaken identity. Cohn said more than half of the defendants who have contacted her group claim another member of their household was doing the file-sharing.
The RIAA certainly is willing to go directly after the offending family member, as in the case of Brianna LaHara, a 12-year-old honors student from New York who was named as one of the 261 defendants. Her mother settled the case for $2,000 and an apology from Brianna.