BigChampagne, a P2P metrics company that generates Billboard-charts for file-sharing nets, is the subject of a Wired article in which they reveal that their customers are the same labels whose industry association is suing everyone from 12 year old girls to university profs for using those nets.
According to on-the-record statements by many major labels, the scene I witnessed in Fleischer's office couldn't possibly have happened. But Eric Garland, CEO of BigChampagne, says his firm is working with Maverick, Atlantic, Warner Bros., Interscope, DreamWorks, Elektra, and Disney's Hollywood label. The labels are reticent to admit their relationship with BigChampagne for public relations reasons, but there's a legal rationale, too. The record industry's lawsuits against file-sharing companies hang on their assertion that the programs have no use other than to help infringe copyrights. If the labels acknowledge a legitimate use for P2P programs, it would undercut their case as well as their zero-tolerance stance. "We would definitely consider gleaning marketing wisdom from these networks a non-infringing use," says Fred von Lohmann, staff counsel for the Electronic Frontier Foundation, the San Francisco-based cyber liberties group that's helping to defend Morpheus, Grokster, and Kazaa.
