1. “safe harbor” provisions of the DMCA.
2. The Music business is really two. Majors and Independent.
This 2nd issue is really a big one and for way too long the agenda driving the whole industry is for the vantage and view point of the major record labels. While they are doing the best they can to kill themselves off. It should stop the Independents.
In 1995 there where 7 majors now there are 3 and 90 percent of new music is being created by independent artist.
IMHO Here is where the opportunity for the independent artists/bands to come together via distributor that understands the reasons why it will pay to be a cloud based entertainment company will have a major advantage over everyone. We know of such a company and will be talking about it more in the future.
The ROI for have this data being run by professional service provides with SOA datacenters is so over whealming that for anyone to think a record label can keep internal servers humming alone. And, the 3 guys (at most) in TECH up-to-date on the latest routers, servers, virus, backups and *.* needs to get an knowledge upgrade.
As for point 1. most Independent Artist are not going to sue their fans so this is mute to them. The fact that the music business has not followed know examples of offering downloads, streams and physical product as a whole shows that these folks in charge, ok it's there lawyers, have complete missed what the consumer wants.
They never said give me my music in one format and it has to be digital.No the fans want music whenever & however they feel like it. IMHO those that want to be left standing in the New Music Business already know that the cloud is the way to go.
Check out this link to see the extremes the majors will go to protect their own self interest.