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Music Labels' Joint Venture, VEVO, Shows Pirated NFL Game At Sundance

Over the last decade the major music labels — and their trade organization, the Recording Industry Association of America — have established a repeated pattern of attacking consumers in the name of squelching illegal file-sharing.

TechCrunch Jason Kincaid

Context & Ripple Effects

VEVO exists because the labels wanted their own Hulu: back in December 2008 they were reportedly in talks to build a Hulu-for-music, and the joint venture that emerged became the industry's flagship argument that licensed distribution beats piracy. Its brand is legal cleanliness — every video cleared, every right holder paid.

That is what makes the Sundance screening awkward. The same label complex whose trade group has spent a decade attacking consumers over file-sharing, and which in 2009 even sued a developer merely for building on the Seeqpod API, now stands accused of the very act it prosecutes — playing a pirated NFL broadcast at a public industry event.

First-order effects

  • VEVO and its label owners take an immediate credibility hit: the company whose entire pitch is licensed-only content publicly exhibited infringing material, handing critics a ready-made hypocrisy charge.
  • The NFL, as the rights holder of the screened game, is the injured party here — and the incident puts the league in the unusual position of having stronger grounds for complaint against the labels' own venture than the labels typically claim against file-sharers.

Second-order effects

  • Advertisers and distribution partners who buy VEVO on brand-safety grounds now have a documented counterexample, forcing the JV to spend goodwill defending conduct it would litigate against in any other party.
  • Every future RIAA-backed enforcement action or lawsuit against consumers and intermediaries will now be met with this episode as rebuttal, raising the rhetorical cost of the labels' legal campaigns.

Third-order effects

  • If the pattern holds, the labels' transition from pure rights enforcers to media operators creates a structural conflict: the more they distribute content themselves, the more their own conduct becomes evidence against the absolutist enforcement posture they fund through the RIAA.
  • Public tolerance for aggressive consumer-targeted copyright litigation tends to track the industry's perceived fairness; incidents like this erode the moral foundation on which statutory damages and takedown regimes rest, feeding longer-term pressure for reform.

The trend: As music labels evolve from suing pirates into running their own media platforms, their enforcement rhetoric increasingly collides with their own behavior as distributors.