The same underlying market power and distribution problems still exist in music licensing, just as they did in 1941.
Music Licensing—La Plus Ça Change?

The same underlying market power and distribution problems still exist in music licensing, just as they did in 1941.
The legal process is increasingly being used by incumbent industries to thwart change with that ancient mantra of obsolescent businesses, “consumer protection.”
The collective assembly of a patent war chest by the oddly named Rockstar Consortium -— all of the otherwise competing rivals of Google in the wireless OS space — smacks of a horizontal conspiracy to raise rivals’ costs.
Wouldn’t it be interesting if Siri, the most famous example of artificial intelligence, was deposed in litigation against Apple claiming the technology did not work as advertised?
Pandora’s antitrust lawsuit against ASCAP is a leading-edge dispute, scheduled for trial by year-end, that may help catalyze a new approach to the old question of whether — and if so to what extent — owners of copyrighted digital content are permitted to refuse to deal with competing distribution channels on dramatically different commercial terms.
Like most legal subjects dealing with technology, copyright law is lagging behind the fast-moving and disruptive changes wrought by social media to old legal rules for determining rights to Internet content. Things may at last be getting a bit more settled.
In the continuing conflict between social media and copyright law, only time will tell. Once again, disruptive technology is caught in the middle.
German, French, Japanese and other nations’ legal rules on search defamation, autocomplete and royalties are foreign, literally, to U.S. jurisprudence.
Comedy Central’s South Park has opened the door for “fair use” copyright defenses to shut down infringement lawsuits before they saddle defendants with discovery expenses or force a settlement for cost reasons.
Disruptive innovation is not new and not unique to high-tech. It’s been around for hundreds of years and serves as a key driver of both economic growth and social evolution.