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CRIA's big cock-up

BY Marc Weisblott   March 11, 2008 15:03

This hasn’t been the greatest decade for the Canadian Recording Industry Association (CRIA): Federal court rejected the motion to disclose the IP addresses of peer-to-peer software users; they organized a fundraising event for a Liberal MP likely voted out of office as a result; and the statistics they hold up as evidence of the public’s appetite for file-sharing are frequently quick to be shot down by "copyfighters."

Then, last Thursday — right on time for Canadian Music Week — CRIA were trumpeting an RCMP raid on Winnipeg pirated-entertainment-software producers Audiomaxxx.com, whose headquarters were stocked with enough hardware to churn out about 1,000 discs per hour. Police seized three computers, five burning towers, labeling and shipping materials, and video surveillance equipment, along with 200,000 packaged CDs and DVDs.

This is the Big Kahuna,” CRIA's Graham Henderson gloated to the Winnipeg Sun. “Any time you shut down something as big as this, it has an impact.” Audiomaxxx’s list of best sellers included Big Black Racks 3, Double Bubble White Booty 2 and Dance Hall Reggae Skinout 10.

Even Dr. Michael Geist, the most tenacious critic of Henderson and CRIA, was impressed: “Commercial piracy — which can and should be distinguished from non-commercial cases — should not be tolerated and it is good to see that Canadian law and Canadian law enforcement are clearly up to the challenge of dealing with the issue.”

And then, the following day CRIA issued a press release retracting their initial gloat. Raj Singh Ramgotra — who is more popularly known as “King Raj," and who was reported to be among the four individuals charged from Audiomaxxx — did not have his identity confirmed. CRIA regretted the error. Were any charges laid at all?

RCMP press release: “Four individuals were arrested in connection with this investigation. One 31-year-old male from Winnipeg has been released on conditions to appear before Federal Court on May 26, 2008 in Winnipeg. He will be facing numerous charges under the Copyright Act under sections 42(1) (a), (b) and (c). The other three individuals also from Winnipeg were released pending further investigation.”

No retraction required, says Sgt. Line Karpish, the RCMP media liaison. “CRIA posted their media release before mine.” Was she happy about it? “What do you think? We are the ones conducting the investigation here. We are the ones who execute the search warrant, we have the evidence, and we do the arrests.

“In fairness to them, they were excited to tell the artist community that the RCMP got results on their behalf. It’s not my place to comment on their motives, though. We have a lot to sift through, and the other three may or may not be charged.”

Thing is, the word as spread by CRIA was cheered throughout the reggae industry. VP Records, the legendary Caribbean music indie label and retail store in Jamaica, New York even posted the CRIA press release on their homepage.  

But the campaign to shut down Audiomaxxx had been spreading for a while. A boycott message spread around online explained how they were actively weakening the Jamaican economy. Toronto-based DVD magazine Lyric confronted King Raj, who allegedly responded, “Niggers can’t even manage themselves let alone their music. You niggers have bought from slave owners all your life.” 

While the Recording Industry Association of Jamaica complained to their Canadian counterpart, they expressed frustration last summer about the lack of action being taken, and reggae fans were encouraged to continue complaining. Still, the offer of $5 discs continued to lure customers — not only people who liked their porn nice and pirated, but also those reggae and dancehall aficionados who rationalized that this music was made with underground distribution in mind.

Ron Nelson, the veteran local promoter who also hosts Reggaemania on CKLN, was among those who found a pirate version of his material offered by Audiomaxxx. Despite manufacturing a dual-layer concert DVD that was difficult to copy, technology was used to split the disc in two, and sell it for less.

“I sent them an email and they treated it like a big joke,” says Nelson. “We were resigned to not being able to stop them. You know, it’s one thing to be ripping off the big record companies — Buju Banton or Beanie Sigel get the help from big record company lawyers. However, Audiomaxxx were doing it to little guys that were investing their own money.

“There’s always been a big underground black market in Jamaica, and a lot of payola. The greatest crime in North America is to have another artist take your song and claim it as theirs — in Jamaica, people are willing to give tunes away to other artists, just to get their name out there. The reggae industry isn’t perfect, but that doesn’t mean parasites and leeches should come in to make it worse.

“What was someone from Jamaica going to do, though? Fly up to Winnipeg and look around for someone they weren’t going to find?”

Nelson admits to being amazed at the lightening-fast speed with which pirated copies appeared on the Audiomaxxx site. And he doesn’t begrudge fellow DJs who wanted to pay as little as possible for the music their jobs requires them to find. The collateral damage has been done even if the charges don’t all stick.

“The last person a thug wants to deal with is an ex-thug,” says Nelson. “You don’t want to mess with people in the Jamaican music industry — they will shoot and kill someone they know has been getting away with ripping them off. So, even if the courts don’t get these guys for what they have done, hopefully the taxman will.”

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