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SONGFIC CONTROVERSY
August 30, 2005

Here we go again. The RIAA, deciding that they don't really have to make us buy CDs and DVDs and whatnot, have decided to pick on the little guy, and this time, it is having an echoing effect on the fanfiction world, although it really shouldn't

If you have not gotten the official news just yet, let me tell you basically what has been going on. The Recording Industry Association of America, or RIAA, the same people that have been bitching about Napster and Peer-to-Peer music download programs for what they call "copyright infringement", have begun targeting lyric sites because they don't have the "licence" to publish such material on their websites. This would be a moot issue, if it wasn't for how the RIAA has been going about filing the lawsuits. Instead of targeting the big people, such as web site providers and the makers of the P2P programs, who in turn would have the necessary resources to fight the RIAA's attacks, the RIAA is going after the web site maker, or the person actually downloading the music. The people making the sites or downloading the music is more than likely NOT going to have the necessary resources to fight the RIAA, and thus must settle for a ton of money. This is not only unfair, but it also make it apparent that the RIAA doesn't want in the least to fight someone that is actually able to expose the RIAA for what it truly is: A corrupt organization hellbent on getting money for little people whenever they can. And in the process, alienating those who would otherwise be buying the CDs. Keep in mind that while this is going on, the record companies have been pricing CDs through the roof, and that shows no signs of stopping anything soon.

So where does the fanfiction world come into play here? Since the RIAA have started targeting the lyric sites, there are some fanfiction sites that have succumb to this scare tactic by the RIAA. Although not targeted by the RIAA directly just yet, some fear that the songfic will become the next step in the RIAA's quest for everything in legal tender. The most well known reported case is Fanfiction.net, which has allegedly disallowed songfics. However, I say "allegedly" and "reported" because so far, I have found nothing on FF.net's site to confirm of this. FF.net has made no reason, assuming that such is true, as to why they did such a thing.

However, while there is question on whether or not FF.net has restricted them, there is no question about another fanfiction site going into defense mode. Aria's Ink, a Sailor Moon Fanfriction site that I have no problem with and actually do support myself, has definitely felt such sting. The site has announced the "temporary" removal of the songfic category, and permanent removal of all fics on one account there would be imminent if one did not remove the songfics from their account before a certain date (which was listed as August 15th, though that may have been held off or was done early). Once again, I have quoted "temporary" because there is no word on whether it will stay that way or not.

Of course, I feel for the site and for any others that felt like they had to do this. This scare tactic by the RIAA has left a sour taste in everyone's mouth. Even with me. As you could be aware, I have two songfics on this site, Got There Too Late and Cleaning Out Her Closet. I have already mentioned on a previous Loading rant that they are not being removed, quite frankly because I don't feel as though I should, and plus, if they are going to try to tell me to take those damn things down, I got two words for them: MAKE ME!!

See, the RIAA has been gouging the little guy for too long. And this is just another example of that. Suing the little guys is not going to make anyone stop downloading "illegally" or anything of the sort. All they are doing is delaying the inevitable. They will see a slow down of activity for about two weeks, then everything goes back to the way it was. It will not stop the activity, as I have pointed out.

If activity is going to be hoped to stop, one must go after the people who make the programs, and who provide the services. That is what leaves the permanent scar. However, as I have said before, the RIAA refuses to do this, simply because they would have an uphill climb to convict those guys. This is because, quite frankly, they know these providers and program makers have the right tools, money, and know-it-all to return fire, and that would mean suicide for what the RIAA is saying that it's accomplishing (though I beg to differ on what THEY say they are accomplishing).

Therefore, they go after people like you or I, the people who would be working part-time jobs, sometimes on minimal wage, college students, etc. Those that would not have a snowball's chance in Hell of winning a case, even will all their available resources. This is because the RIAA has a ton of money at their disposal, one would think from the ridiculous amount of money they want in damages in other cases, and therefore can throw it away on big shot attorneys that would be more than happy to take that money and line their pockets with that (and those attorneys are just as corrupt as the RIAA is).

That leads to unnecessary actions, I think, being taken on these fanfic sites. They don't want the same thing happening to them. However, to those reading this that own a fiction site, archive or one-authored, that are thinking about or already have removed songfics, I beg of you to reconsider. This is nothing more than scare tactics by the RIAA, one in which will NOT stop production of songfic. I have already mentioned my take on my fics, they are staying put, and knowing how I feel about people imposing rules on what I can and cannot write and how many people would share my sentiments, this can only lead to destruction for anyone involved. The lyric sites will come back, and in fact most have stayed (http://www.letssingit.com/ is an EXCELLENT lyrics site, and one I recommend highly), the restrictions will be lifted shortly (one would hope after those imposing such restrictions would be once reading this), and people will STILL be downloading.

Let's hope Aria's Ink lifts it shortly (I would hope that they would lift it NOW, but I doubt that will really happen). I have determined that FF.net will not, since they have restricted enough that their motto should be "Imprison your imagination and lock away your soul" (but that's for another blog), so they could be a lost cause to begin with.

However, the bottom line of this remains clear: The RIAA has proven that they are cowards and until something changes, that will always be true. Their use of these ridiculous scare tactics are not unlike those used by terrorists, and it needs to stop, NOW!

And yes, I do have the necessary resources.

Good night, and good luck.