Copyrights And Mobile Networks - Is This The Beginning Of An End To The Madness?
Will mobile networks go the way of the Internet by allowing copyrighted materials to be shared without compensation to rights holders? Not if DataRevenue.Org has anything to do with it. It seems like the community in general is realizing that after 10 years+ of impasse and non-productivity, compromises need to be made between technology proponents and copyright proponents for the good of the whole. It all boils down to fair compensation.
One such opportunity appears to be the establishing of a new revenue stream from the emerging mobile network space. This would provide the least amount of disruption to the community at large versus trying to fix what happened on the Internet. Besides, there is little doubt that mobile networks will evolve and likely become the dominant way for the distribution of multimedia content over time. If there are no checks and balances in place, peer2peer sharing on mobile networks without fair compensation to rights holders will just further undermine and could even devastate the U.S. Copyright system because of the large number of mobile users (4 billion worldwide) that could be sharing. Why would anyone buy much when it will be so easy to get it free from someone that you know?
Fortunately, (in my view) there are some that intend to take a stand and do something about this. Luvdarts LLC is a California based producer of multimedia messaging content (MMS). Luvdarts LLC contends that wireless carriers (Telcos) have made billions of dollars over the past few years co-distributing copyrighted multimedia messages that are created by others. The reason for the co-distributor description is because of the fact that end users of mobile services are the actual senders and receivers of the copyrighted MMS. However, the wireless carriers have set up an MMS pipeline to specifically transfer, distribute and publish copyrighted MMS. That pipeline has generated billions of dollars in MMS data revenue to wireless carriers with no compensation to the rights holders.
ISPs, have been using the safe harbor rules provided within the DMCA to avoid liability for an end user's actions on the Internet for years. ISPs, (which are backboned by the Telcos) can honestly say they do not have any control or knowledge of an end user's activities on the Internet because they were never mandated to do so by the "Internet authorities" back in the beginning of the Internet age. They could have done it by simply charging for consumption (like mobile networks) and also segregating that consumption (like mobile networks). But that's water over the damned. Those with any kind of vision don't worry much about that futile battle anymore. Visionaries look ahead, not behind. The future is mobile.
Luvdarts LLC notified the top four U.S. carriers, Cellco Partnership/Verizon, AT&T, Clearwire/Sprint and T-Mobile USA of the infringements of its MMS content in December of 2009. Of the four, Verizon was very responsive and expressed concern about respecting the rights of others. Luvdarts LLC is a member of DataRevenue.Org a non-profit trade organization working to establish a new revenue stream from mobile networks. DataRevenue.org attempted to mitigate any further legal proceedings by submitting a doctrine to the four carriers that is basically a blueprint for the future of wireless carrier's infrastructure as it pertains to fair compensation for MMS copyright holders while at the same time providing insulation from infringing activities on mobile networks.
California Lawyers for the Arts is now stepping in to offer further mediation to all parties. After 10+ years of impasse with similar issues, it seems these events could be the light at the end of the tunnel. After all, if the mediation by California Lawyers for the Arts can help show the wireless carriers that proceeding down the beaten path of safe harbor and circumventing the U.S. copyright system just to avoid fair compensation to rights holders is NOT the right thing to do in the long run, it will be a brighter day for all concerned.
Questions and Answers
Mobility through mobile networks will probably change the world more than the Internet did. Why? Because mobile networks contain the Internet within. Let's stop the infringements before it gets out of control. Again.
Wireless carriers have invested billions to enable mobile networks to transport multimedia. The ability for one mobile device to transport multimedia directly to another mobile device is just one result of that investment. However, in the grand scheme of things, this could have huge ramifications regarding peer2peer file sharing and the potential undermining of our copyright systems similar to what happened on the Internet.
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It is important to remember that MMS was deployed by wireless carriers on mobile networks after the DMCA, around 2003. See no evil, hear no evil, make money? Obviously, if the wireless carriers built this pipeline for the purpose of transporting MMS they surely know what is in this pipeline. So why would any rights holders with basic common sense allow the wireless carriers to get away with this?
Wireless carriers have invested billions to enable mobile networks to transport multimedia. The ability for one mobile device to transport multimedia directly to another mobile device is just one result of that investment. However, in the grand scheme of things, this could have huge ramifications regarding peer2peer file sharing and the potential undermining of our copyright systems similar to what happened on the Internet.
Mobility through mobile networks will probably change the world more than the Internet did. Why? Because mobile networks contain the Internet within. Let's stop the infringements before it gets out of control. Again.
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