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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Legal to Sell the Movie, But Not the Videogame | Main | Finkelstein and Slater Followups »

May 11, 2005

Hilary Rosen Flashback

Posted by Ernest Miller

A lot of folks have taken notice of the recent complaints by former RIAA head honcho Hilary Rosen regarding Apple's iPod DRM strategy (Hilary Rosen Laments Apple's DRM Strategy). For another example, see this post on Hit and Run: iRony.

Like my original post, however, many have concentrated on the fact that Rosen was decrying the very DRM that she had been such a strong proponent of. Let us not forget, however, that Rosen was an enemy of MP3 players all together. Indeed, let us go back to those halycon days of 1998 when the RIAA went after the Diamond Rio MP3 Player. See, RIAA Takes Stand to Protect Legitimate Online Marketplace.

If the RIAA had its way, there wouldn't be any portable MP3 players. The only portable players you would be able to buy would play only DRM restricted tunes. In her most recent article, Rosen claims that, "If you are really a geek, you can figure out how to strip the songs you might have bought from another on-line store of all identifying information so that they will go into the iPod." Not even that would be possible, legally, if she had won the lawsuit she launched against the Diamond Rio.

For a conspiratorial (though logical) take on Rosen's post, check GoldSounds (RIAA attempts to fragment online music business).

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