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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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« The Benefits of Copyright Leakage | Main | Review: Akimbo's Internet TV Stinks »

June 01, 2005

Rental Nation Deja Vu

Posted by Ernest Miller

Derek Slater notes that the music subscription service, Rhapsody, sometimes has particular tracks available and other times, not (Rhapsody's Incredible Shrinking Catalog).

I had been listening to the album for a few weeks, when, today, I noticed that I can no longer play "URAQT" off the Universal release, and that the single version is only available for sale and not for streaming. Same goes for "Bucky Done Gone", though I can play it off the Beggar's Banquet release. What gives?
Well, this seems to be a problem for the subscription services. Joe Gratz had the same problem a year ago (The Danger of Subscription Music Services). My comment on Gratz's experience here: No Guarantees with Content Subscriptions.

I'm still rather concerned about a world in which we can lose access to content at any time (Rental Nation). Under subscription services, everyone will have access to everything, until someone decides that no one will have access. With all our history of groups that have aimed to destroy various elements of culture at one time or another, I have to worry about a system that will allow works to be taken away from nearly everyone with a keystroke.

In a previous post I discussed Slater's concept of leakage (The Benefits of Copyright Leakage). Leakage can also protect elements of culture from being disappeared.

Ownership is and will remain an important element of freedom.

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