PBS writer Robert X. Cringely believes he has come up with a “legal way to do a successful music downloading business,” which he has dubbed Snapster, Son of Napster. Although you should read the article for more details, it basically involves starting a public company that buys every available CD, allowing its shareholders to download tracks or CDs for a minimal fee as dictated by the concept of Fair Use. In exploring the legal ramifications of this proposal, Cringely says,
I have yet to find a lawyer who sees a serious flaw in my logic. What I am about to propose is apparently not illegal under current law, which of course means that the RIAA will throw their lobbying muscle into making it illegal, getting Congress to pass a new law specifically against my technique. The trick then is to establish the business before that can happen.
This sounds like an interesting idea, although it would require some significant start-up capital, and of course it has to face the inevitable legal challenges the RIAA will throw at it. Still, I really admire Cringely’s thinking, and especially his reasons for this endeavour:
I don’t like the current situation in the recording industry where power is concentrated in the hands of executives who are doing all they can to stop the rotation of the Earth. Technology has already changed the economics of music creation and distribution, but the record companies are resisting with every weapon they have. I would too if I was in their position, which is fat, rich, and having everything to lose. But times do change, and I think the music business is ready to adopt new ways of moving forward. And once that happens, it will resume growing. But what is needed for that to happen is a catalyst, which I am attempting to provide right here.
I’ve been basically saying the same thing for some time now, but I really admire Cringely’s lateral solution to this problem. Although it might actually be feasible, I’d be very surprised to see anyone actually attempt such a company…
