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Avvenu – a new music sharing service – Does anyone remember MP3.com?

Posted in File Sharing, Music | Posted on 01-21-2007 | 188 views

Back in April of 2000, a federal judge ruled that MP3.com had violated copyright law with the creation of its my.mp3.com service, which allowed users to stream music from a database of music the company stored on its servers. Before damages had been set in the case, the company settled its dispute with three of the major labels for reportedly over $60 million dollars then agreed to be acquired by a division of Vivendi Universal in May of 2001 for $350 million dollars.

A new service called Avvenue insists that while they let people share music stored on their PCs with other computer users or those with Web-enabled mobile phones, their service is legal because recipients don’t retain copies of songs – the streams only work when there’s an Internet connection, and only for five days.

What is so reminiscent of the MP3 suits is that Avvenu is allowing music files people wish to share to be uploaded to and streamed from its servers when the sharer’s computer is off. Using the free Avvenu Music Player, the playlists and songs are automatically copied to Avvenu’s secure media center for streaming playback and users can send links to friends via e-mail. Recipients click on the link to listen to the songs for up to five days on standard Web browsers.

Today, streaming music services are all over the net. Those companies that wish to stream music from their own servers to consumers must obtain obtain a license to store a copy of each master recording on their servers along with the appropriate digital performance rights. A company named SoundExchange is licensed by the labels and publishers to provide the performance rights and collect revenue from licensees. Depending on the way that Avvenu is storing the music files on their servers, either storing a single copy from the the first time a song is uploaded and making it available or storing a copy of each user’s file, without the appropriate licenses they could be in for a hefty infringement bill. Prior to the MP3.com suits being settled, a judge decided to send the issue of willful infringement to a jury. If the jury had determined the company committed willful infringement, the damages assessed in the case would have jumped from $30,000 per violation to $150,000. The lawsuit claimed MP3.com had 45,000 albums in its database. You do the math.
  • asksource

    Times have changed. Consumers, you and I, hate DRM. Now there is money to be made from digital music – not very clear off hand. Music labels will fear inital cannibalisim, but they know better, I think. Not sure how the landscape will finally settle into, but companies are Avvenu are here to stay.