By Steven Marks
May 31, 2009 10:30 PM CT

Op-ed: In this opinion piece, RIAA General Counsel Steven Marks takes on Harvard Law professor Charles Nesson and his "three-ring circus." According to Marks, the litigation campaign against file-swappers is secondary to creating vibrant legal alternatives—but it's still absolutely essential and completely fair.

Yes, we "get it" - It is a fascinating and challenging time to work in the music business. The record industry is swept up in a sea of change and we have embraced it. It’s a new day for the business and a new day for fans—25 years ago, it was just radio and records, but today’s music marketplace is dramatically different, with hundreds of different fully licensed digital music services and models.

Yet even with this emerging legal landscape, the rights of artists, songwriters, and record labels deserve protection. Unfortunately, there are those who seem to overlook that fact, including a Harvard law school professor, his class, and their client Joel Tenenbaum, a defendant in one of our illegal music downloading cases. We welcome a healthy debate about our decision to defend the rights of record labels and artists online.

The passion that fans and commentators exude toward music is a sign of its enduring power and connection. That’s a great thing, but emotion should not obscure the facts. Let’s be clear: the best anti-piracy strategy is a vibrant legitimate marketplace rich with content and innovative business models. We get that. And that is today’s music industry.