[Chicago Sandy]

In this particular case, the investigator was able to copy the songs from the defendant's PC because the defendant put them in a folder created for the express purpose of sharing them via an illegal P2P program. But that begs the question: what happens if you rip songs to your hard drive and you are aware that your computer is on a public, open, non-encrypted, non-password-protected wi-fi network sans firewall.......and then someone (perhaps an RIAA investigator) cruising hot spots joins your network without your knowledge and downloads the songs, also without either your knowledge or permission? Can it be considered criminally or civilly negligent to have copyrighted (not your own copyright, of course) material on a computer that you know is on an open and unprotected network? Stay tuned--if the RIAA wins the suit against the guy with the shared P2P file, you can bet that some unsuspecting person who knowingly fails to password-protect his network but may not realize he too is also making those song files available (and thus "distributing" them) will be the industry's next target.

And though BMI's creative accounting and parsimony is indeed disgusting, ASCAP at least has a mechanism in place for independent songwriters who can prove they've been writing, performing, getting airplay and having others cover their songs: the ASCAPlus Award, which can be anywhere from $50-200 per year (now distributed annually instead of quarterly). Granted, there is still a huge gap between someone like me who gets that $200 a year and someone like the writer of the article, whose 150,000 spins would have been worth at least a five-figure royalty check had they been played during survey periods on surveyed stations. (Anyone want to speculate whether, with the increasing consolidation of broadcast media with concert promotion and labels, certain large chain stations make sure NOT to spin indie songs during these times)?