Soon after the Offspring announced plans to offer the new CD online in mp3 format, Sony Music fired up their legal guns and were prepared to sue the band, while the Offspring were readying their own lawsuit against the music giant. Then at the eleventh hour last week both parties came to terms and the free download plans were killed. 

If the Sony lawsuit would have gone forward it may have postponed the CD release and supporting tour, which was something the Offspring wanted to avoid. 

"The band recognizes that the bulk of downloading occurs with the single and feels that maintaining the integrity of this promotion, getting the record out and being able to tour is more important than spending the next 12 months in court" said Jim Guerinot, manager for the Offspring. "The only people unable to post music on the Internet appear to be those who actually create it."

Offspring lead vocalist Dexter Holland said of the original plans to offer the songs free,  "The reality is that this album is going to end up on the Internet whether we want it to or not. So we thought, 'Why don't we just do it ourselves?' We're not afraid of the Internet. We think it's a very cool way to reach our fans."

Sony Music's reaction to agreement? A press account from HitsMagazine.com posted to the Offspring web site (under the headline "We got fucked!") included the following statement from a Columbia Records spokesperson.  "We are extremely happy that Sony Music has worked out a solution with The Offspring and its management that supports the integrity of the band's creative idea and enables them to proceed with their promotion."  

The Offspring may have caved into pressure from their label, but they did so only because it would have prevented them from releasing their CD as planed, and if this promotion is an indication, their main goal is to get their music out to their fans. 

It appears that the record industry is still at war with the internet, which in turn puts them at odds with their own artists who support the new medium that offers them direct access to their fans. Looks like Sony music has won another battle for the industry in the continuing war of the MP3. But the war has just begun, so we will all have to wait and see who will come out the final victor. 

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