Nov 11 2003

Penn State trustee and RIAA lawyer denies conflict of interests

  • Written by after_burn
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Penn State University, the RIAA and Napster – the axis of spiel – continue to defy the laws of common sense and economics that our country once held dear. Penn State trustee and RIAA legal counsel Barry Robinson has denied having anything to do with the university’s recent adoption of the Napster music service. Robinson told the school paper that there is no connection between his work at Penn State and the RIAA, saying he only deals with “day-to-day” legal matters for the RIAA, which include suing college students, children and senior citizens. He did not hear word of the agreement between Penn State and Napster until “36 hours” before it was officially announced last week, according to The Collegian.


In May of this year, the RIAA sent a notice to Penn State, accusing it of copyright violations. The pigopolist trade group later apologized to the school for these actions. It turned out that a professor with the last name Usher had posted MP3s of his own singing efforts, which the RIAA lawsuit bot had confused with songs from the musician Usher. Since the incident happened to a Penn State professor, and the RIAA has such close friends at the school, it made the uncharacteristic move of sending an Usher CD and T-shirt to the professor.


Needless to say, the RIAA did not offer a similar olive branch when it incorrectly lobbed a $300 million lawsuit against a pensioner. It seems Penn State is uniquely privileged when it comes to the RIAA and the music industry. The university says its paying for the $9.95 per month Napster service out of its IT budget. With 83,000 undergraduates and graduate students, this would theoretically take the monthly bill to $830,000. In addition, Penn State has announced plans to stretch the service to its hundreds of thousands of alumni.


Now, we’re into the millions. Other universities should pay attention to these figures when Napster comes knocking. Be sure to ask for a generous discount – something close to free for the service. Exactly how Napster plans to make money on its service is unclear. The total of 83,000 students pulling down millions of tethered downloads is sure to pump up bandwidth costs. This leaves Napster turning to the 99 cent per song charge students can pay for a permanent download. But, as Apple’s Steve Jobs has pointed out, legal music downloading is a money losing proposition. Apple makes its money on iPods.


Napster has no atrociously high margin hardware to sell. So once again, with Robinson’s conflict of interests and denials aside, we’re left thinking the axis of spiel pushed this deal out to make legal music downloading at colleges look feasible. Good for the legal Napster. Good for Penn State and its lobby group cronies. The best bet Penn State has at this point is to have Spanier cruise over the corporate governance and economics experts at the school for a second opinion. 


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