On Jan 5, 2008, at 9:23 AM, Craig White wrote:

not unlike the article that you gave us early on from cio magazine.

But more to the point in addressing the failings  of Fisher


While I would agree that I wish Mark Fisher could have articulated the
issues with greater precision, that seems to be a frequent problem for
mass media outlets, especially on issues surrounding technology.

I would  characterize it this way:

Mark Fisher has done more to advance the cause of the RIAA than any other individual in the  history of that organization. Many journalists seem to struggle with technology but must will issue a retractioin when one is clearly required. By  continuing to  defend his indefensible conduct continues to be a big asset to the RIAA. He even allowed them  to slip out from under their worst PR blunder, the "steals only one copy" remark, with a  modicum of  grace.

If NPR
had invited Roy Beckerman to debate the spokesman for the RIAA, the
outcome would have been different because Beckerman is clearly capable
of dissecting the legal issues surrounding this controversy. I guarantee
you the RIAA's Sherman would have never have debated with Beckerman.
Bullies don't enter into a fight that they know going in that they won't
win...that's a rule that bullies understand

Exactly. The RIAA is not stupid (most of the time) and they aren't going to engage in any debate where they are going to look bad. Fisher is their perfect foil, a self appointed spokesman for the opposition who will take indefensible positions and then persist in trying to defend them.

The fact is that most of the public is guilty of all of the same
activities with the exception that most of us don't install KaZaA
software. We do have legally authorized copies and software that
automatically makes them shared and the only distinction is the actual
sharing protocols

Again, this simply flies in the face of my experience if by "shared" you mean 'shared outside the household'. Most people don't install KaZaA or limewire or anything like them. You need to be  more  selective in the company your keep.

t's hardly surprising that there are apologists or bloggers or
publications that also take lots of advertising revenues are supporting
the RIAA position. In the end, attack the messenger...lovely, nice
hatchet job.

Yet another ad hominem attack. It is the opposite of persuasive. Anyone reading the Sandoval article will realize that that he goes out of his way to point out that the RIAA spokesman won't go as far as he could. To attack Sandoval's journalistic credibility just emphasizes how solid his facts are and seems desperate and mean spirited. You have no evidence that Sandoval is less than honorable.

You know what? It's over. A google search demonstrates that nobody except possibly a handful of fanatics is defending Fisher any more. The  RIAA was given a forum, on NPR no less, to make the case that all who oppose them are dishonest and they exploited it brilliantly. They  have probably milked the situation for all they can.

--
And those who were seen dancing were thought to be insane by those who could not hear the music.
-Friedrich Wilhelm Nietzsche, philosopher (1844-1900)