[quote name='Spokker']You know how YouTube says not to upload copyrighted content but everyone does anyway and the only recourse for copyright holders is to fax in a take-down request and nothing else because YouTube is a safe harbor according to Viacom v. YouTube?
Well, over at the official Rock Band forums I wondered about a version of the Rock Band Network that works the same way. People upload their authored tracks, and if it happens to be copyrighted content, well, Harmonix would take it down at the request of the copyright holder. Safe harbor, right?
The posters over at the Rock Band forums went ape shit at this idea, but I was wondering what you guys think. It's not anything I think would ever happen, but more of a thought experiment.
Here's what I've come up with:
Pros: 1) The ability to enjoy copyrighted music until it gets taken down, just like YouTube.
2) Harmonix doesn't get sued because of safe harbor, just like YouTube.
Cons: 1) Lack of quality control. A rating system would be instituted of course, just like YouTube.
2) You can't charge for your track until it is verified that you own it, which means some people may enjoy your track before you can earn money from it, just like YouTube.
3) This would be harder to do on consoles and easier to do on PC.
4) Music publishers may not be able to sue, but they could stop doing business with Harmonix (but I think this is unlikely because even though content providers are getting their shit stolen and put up on YouTube left and right, they still do business with YouTube, up to and including their new rental feature).
5) RBN becomes more of a social network sharing site thing instead of a place to showcase Indie talent.
As an aside, YouTube had the audacity to place ads on copyrighted content and then send the revenue to content providers, haha. The whole system is set up to basically browbeat content providers into voluntarily putting their stuff on YouTube even if they don't want to. Insane.[/QUOTE]
Besides the fact that HMX needs to stay on the bands and labels good side as mentioned above, there is a clear distinction that they are directly charging for this content, which changes the stakes of the game.
Also, to author tracks for Rock Band you need the multichannel audio with all the different parts on their own track. You have to get these directly from the band/label in the first place.