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  • irishtimes.com - Posted: January 27, 2012 @ 9:39 am

    Why legal actions and blocking access won’t stymie piracy

    Jim Carroll

    It hasn’t gone away, you know. Most of us thought that the debate around music piracy would have been done and dusted by 2012. Yet years after the record industry ran the original Napster out of town but never got around to properly plugging the gap, piracy remains something to fume about.

    Already this month, we’ve seen the Megaupload takedown, huge online protests against controversial copyright enforcement bills in the United States, lots of musing here about the introduction of secondary legislation in relation to copyright law and Irish record labels lining up to sue the government.

    We’ve also had Sweden’s decision to recognise the Missionary Church of Kopimism, whose most sacred tenet is a belief in peer to peer file-sharing, as a legal religion. Yes, it’s been a busy few weeks for those in the piracywatch business.

    Piracy and copyright protection have become huge, contentious, multi-faceted issues. Legislative moves tend to be heavyhanded and vague, open to a wide range of interpretations depending on the legal eagles you engage and the counsel they tender. It’s not just about record labels ensuring that they get paid for U2, Coldplay and Jay-Z albums.

    Writing in media and technology newsletter the Monday Note, Frédéric Filloux makes the case for piracy to be considered part of the digital ecosystem. Instead of “endless legal actions” and “legally blocking access”, it’s only the creation of “legitimate commercial alternatives” which will stymie piracy. Filloux admits this is not new, but he makes the point that such a service without a country zoning system has yet to be tried.

    “Today we have entertainment products, carefully designed to fit a global audience, waiting months before becoming available on the global market. As long as this absurdity remains, piracy will flourish.”

    And there’s the rub: piracy doesn’t recognise borders or boundaries or statutory instruments. Something tells me this will still be on the agenda a decade from now.

  • 32 Comments »

    1.
    January 27, 2012
    10:16 am

    nothing necessarily new but it was interesting to see grimes twitter reaction to her leak yesterday

    Comment by dan
    2.
    January 27, 2012
    10:36 am

    I have a problem with the anti-piracy “debate” y’see, because I can’t help but think that it’s (for a significant part) a load of people who just won’t, or don’t want to, pay for stuff finding (finally) some class of intellectual fig-leaf (in the shape of ‘censorship) to hid behind.

    If you put together an album, you’re entitled to be paid for your efforts. If you have a heap of songs but not the resources to commit them to tape, and a record company (a bank by another name) gives you a few quid to help out, surely they’re entitled to be paid for what they’ve done?

    I say this as a slight hypocrite, and I’ll declare this. I’ve torrented plenty of stuff in my time, mainly music, but if I like an album that I’ve downloaded illegally, I’ll go and buy it; I see it as just ‘trying it out’. If I don’t like it, it’s deleted.

    Bob Lefsetz makes a good point in a recent post, that the music industry won’t hear; where 20 years ago if you had €50 to blow in, say, HMV, you’d end up spending it on music, because entertainment pretty much (bar a game for your Amiga, SNES etc) began and ended with recorded music.

    Now the same €50 could be spent on any amount of things that ain’t music related in the very same store. The share of music in the pie-chart of entertainment is just so much smaller.

    Comment by Ivan
    3.
    January 27, 2012
    10:43 am

    dan – just a polite request (and this applies to EVERYONE!) – can youse please provide the actual link to this kind of thing?? Grimes’ Twitter is at https://twitter.com/#!/Grimezsz but I can’t see the tweets you refer to. I’ve NO problems with links to relevant stuff like this and it saves me time scooting around looking for it.

    Ivan – very good points, which I agree with as well, though I think the argument made in the Monday Note about geographical and time barriers, which heighten piracy, is one worth parsing thoroughly.

    Comment by Jim Carroll
    4.
    January 27, 2012
    10:50 am

    You linked a while back Jim to a very illustrative graph that compared disposable income spent on different types of entertainment: music, films, games etc. Of interest in this was, as was easy to observe, the ridiculous peak in the early 90s of record company profits due to CD sales. The record industry is thinking all wrong. That was a temporary bubble, akin to a housing bubble that crashed. All this ‘lost’ or ’shrinking’ revenue is only in comparison to the exaggerated figures from that bubble of the 90s, and nobody is calling the industry fuckwits on it. Things have levelled out, despite the cribbing we still hear on a daily basis. Piracy is a side issue.. As many an astute commentator has noted, you could always (still can) tape songs off the radio to magnetic tape..

    Comment by Halandor
    5.
    January 27, 2012
    10:55 am

    Halandor – in case people are interested, that chart is at http://www.digitalmusicnews.com/stories/081611thirty

    The problem for the record industry is that they thought that CD bubble would go on forever. I’ve told this story before here (I think): I worked in a major label in the 1990s in London and was the guy sent to do meetings with various tech and telecoms people who would call in to talk about the internet and new technologies and opportunities – I was sent because, at the time, I was the only one who was even remotely online-savvy. Anyway, I’d come back from the meetings raving about what I’d heard and how we had to investigate these things more and prepare reports etc but no-one would listen because the label, like every label, was making out like a bandit from CD sales. What I found out years later was that there was someone like me at every label in town, who was taking the meetings and getting enthused but who wasn’t being listened to. I’ve zilch sympathy for the labels because it’s their own intertia and own inability to futureproof their business which has led to this impasse.

    Comment by Jim Carroll
    6.
    January 27, 2012
    10:57 am

    It looks like single sales were very good in UK in 2011 – according to this story anyway (http://www.billboard.biz/bbbiz/industry/record-labels/uk-s-2011-singles-sales-reach-record-breaking-1005706212.story):

    “Since 2004, when a total of 32 million singles were sold, sales of singles have increased by more than five times, according to the Official Charts Company (OCC)”

    This appears to be related to increased popularity in download sales – so it does sound like music industry would be better off spending it’s time and money trying to improve and market downloads more effectively.

    Although, as far as I know the trend is going the other way for albums.

    Comment by Daniel
    7.
    January 27, 2012
    11:08 am

    https://twitter.com/#!/shesmyman/status/162620113823084545

    https://twitter.com/#!/Grimezsz/status/162679365040209920

    https://twitter.com/#!/Grimezsz/status/162679622717284352

    the first is a tweet she retweeted. the next two are replies to a tweet from her mother whose reactions are interesting in themselves.

    Comment by dan
    8.
    January 27, 2012
    11:14 am

    dan – thanks!

    Comment by Jim Carroll
    9.
    January 27, 2012
    1:02 pm

    never knew you were a major label hack for a while Jim, god love you..

    why isn’t the plain-as-day fact of this bubble in the chart you’ve now provided the link for above not a bigger part of the narrative? obviously, the majors are going to suppress such facts.. but perhaps it’s in everyone elses interests to shout it from the rooftops.. someone needs to stick those figures right up Seán Sherlock’s uptight rectum.. although he probably wouldn’t understand them. the interesting stat on the stop ireland’s sopa petition is as of yesterday evening it was attracting a signature every four seconds.

    for me (and i’m not getting all conspiratoire here but..), the piracy legislation they’re slowly trying to implement online will have an undoubted knock-on effect with an individual’s privacy, freedom of speech and freedom of expression. there’s simply no way of enforcing any piracy laws without encroaching on people’s privacy.

    Comment by halandor
    10.
    January 27, 2012
    1:37 pm

    So say for the sake of argument that all illegal file sharing sites on the island of Ireland gets blocked and it becomes impossible to illegally download music here

    Then the situation could become very simliar to the issue of illegal drugs as , as long as there is a market for something in one country ( demand ) and the availability ( supply ) in another country……then illegal music downloads could become a very precious commodiity to be traded , especially as there is a whole generation not used to paying for music in the same way that the generation before did with CDs…

    I remember years ago in Spain, North African lads would come into the pub with a list of albums by bands and you could just tell them what you wanted and they would come back later that day with burnt discs in exchange for cash. So image how much an 8gb memory stick or even a hard drive could be traded for ?

    Music could be the new crack ! ;)

    Comment by Scarecrows Of The Stipe
    11.
    January 27, 2012
    5:35 pm

    What’s changed post SOPA in the US is the scope and determination of the reaction. Yochai Benkler (key legal scholar, wrote The Power of Networks) is a must-read on this(http://techpresident.com/news/21680/seven-lessons-sopapipamegauplaod-and-four-proposals-where-we-go-here.

    Milton L Mueller’s (whose book Network & States is all about territoriality of enforcement and internet governace) observation is also worth noting, that we are all Internet exceptionalists now (http://blog.internetgovernance.org/blog/_archives/2012/1/25/4985495.html

    Linda Scales who was one of the authors of the Copyright and Related Rights Act which is the one found to be faulty by Justice Charleton is keeping very much to the just a bit of housekeeping message (http://kluwercopyrightblog.com/2012/01/26/ireland%E2%80%99s-sopa/). In a sense it is just “housekeeping” but the process and outcomes can be enormous.
    If injunctions were only to be used to seek relief against clearly criminal cases of massive infringement by actors making money you’d find much less resistance. As it stands courts will decide the scope and limit of the law and that worries people, justifiably.

    This is not about intellectual fig leafs, copyright is a conceptual mess at the moment and has been for years. JP Barlow was on the money back in 1994 (http://www.wired.com/wired/archive/2.03/economy.ideas.html).

    The simple truth is people don’t respect copyright as it stands, especially young people and especially music consumers (music is inherently social). You can see that in the Oxford Internet Institute report or any reserach in the matter really.

    The other idea or meme that has taken flight is that no one believes these industries. See how Julian Sanchez’s take on the piracy numbers(http://arstechnica.com/tech-policy/news/2012/01/internet-regulation-and-the-economics-of-piracy.ars)

    Comment by Major Alfonso
    12.
    January 27, 2012
    6:05 pm

    In regards to online piracy and Ireland, it is all bull***.. Yesterday our esteem Taoiseach blamed all the economic ills of the country on the people of Ireland. Forget about Goldman Sachs etc . It seems the govt is more concerned about online piracy than bringing the crooks of the financial institutions to justice. All I can say Hypocrites !!

    Comment by Gerald Horgan
    13.
    January 28, 2012
    11:10 am

    I’ve most of EMI’s back catalgoue and each album is wholly legit. As is the rest of my music collection. WHen was a kid was convinced by that old sleeve liner that used protect the record and had a stylised skull and x-bones with the skull made out of a cassette and the warning ”HOME TAPING IS KILLING MUSIC”. Never would buy pirated stuff after that. Got older also was convinced by the idea of the tragedy of the commons, that stuff people got for free they would destroy by over-consuming and lack of re-investment. I see EMI were one of the group of major labels went after and shut down Napster. Piracy isn’t the only thing that doesn’t recognise borders or boundaries of statutory instruments. THere are other things like say landmines. Of which EMI was one of the world’s largest manufacturers for a long time (up until around 1996). So another reason for feeling a little less sympathetic to the ‘plaints of the Labels perhaps. Plus this statement from your first link there Jim
    ”Indeed it is unclear whether internet music file-swapping is so bad for the music industry after all.

    Users of Napster software, which allows users to share digital music files, are likely to buy more records than non-Napster users, according to a recent survey of 2,200 Napster users”.

    The tragedy of the Commons is premised on the Commons being a finite resource. I wonder in cyber-space is there any sort of Commons though? People used be hung for stealing horses from the Commons as one judge observed it wasn’t so much to punish them as to discourage others from stealing ‘orses from the Commons. To which one might reply ‘But people still steal horses from the Commons!’. Given labels don’t even have to go to the expense of producing a physical product any more as in some sort of carrier media like a CD tape or vinyl aren’t they effectively owners of infinite grazing?

    Still all my music is legit. Only ever bought one pirate CD (threw away the CD and kept the case and badly photocopied artwork. Just as a protest against the band concerned. Bought in a bar in Glyfada in Athens deliberately because it was a Metallica one. Not so much for their stance against filesharing and piracy generally as that pretty dreadful rehash they did of the song I’ll be buried to (Whiskey in the JAr) sorry lads did ye have to? Never mind landmines that was a bomb.

    I wonder, given how little most artists allegedly get (those who don’t have to close up shop here and shift to the ‘Dam for tax optimisation reasons anyway) feckall from their labels I’m wondering if there oughtn’t to be a new way at looking at music and indeed the written word in terms of copyright? Ireland’s apparently the first place in the world that a copyright ruling was ever made (‘to every cow her calf so to every book her copy”) and that ended up kicking off a war in which thousands were killed plus ca change again given certain Labels’ affinity with producing records not just in music but in landmine production. Anyway. My point was that back in the time of St. Colmcille and the Battle of the Books it took massive individual effort and inputs of time energy and materials to make a copy of an original work. Not so the case today. Perhaps it’s time to update the law on copyright.
    Still wouldn’t justify counterfeit in any way shape or form. Worked in the Far East long enough in certain respects my work was involved with stopping counterfeits of my company’s products and I’ve seen all sorts of lethality produced by pirates too. Antibiotics in name brand containers that are largely cement dust; absolutely convincing main auto parts manufacturer brake pads made out of pressed grass, main auto manufacturer branded track suits with no flame retardant in them; the same people in China make and distribute pirate DVDs and CDs make and distribute thos sort of things also so unfair perhaps to blame the music biz for producing lethal things that respect neither borders nor boundaries nor stautory instruments.

    Comment by John O'Driscoll
    15.
    January 28, 2012
    1:28 pm

    Have you heard any rumours about attack on irish government sites last week in protest of new EU legislation?

    Comment by alexkintner
    16.
    January 28, 2012
    3:05 pm
    17.
    January 28, 2012
    4:24 pm

    Copyright should simply be abolished. It’s economically absurd, but also morally bankrupt.

    http://questioncopyright.org/

    http://www.dklevine.com/general/intellectual/againstfinal.htm

    http://piratpartiet.se/

    Between the war on drugs we don’t like (a-okay with alcohol, one of the most harmful drugs) and the war on terrorism that we don’t like (a-okay with police terrrorising protestors though) and now the war on sharing, is it any wonder that “young people” don’t respect the law? Laws that are worthy of respect are still respected – most people aren’t going around murdering people. But that’s because it’s wrong, not merely because it’s been made illegal through gross regulatore capture by greyhairs at the heads of corporations.

    Comment by Penny Lane
    18.
    January 28, 2012
    9:44 pm

    @17 “Laws that are worthy of respect are still respected.” – and murder is the only example you provide for this crushingly simplistic analysis? And if you think copyright should be abolished then I’m presuming you feel the same way about patents and any other method of providing innovators temporary legal tenure for their original and potentially profitable ideas? And you also have a system ready to go to replace copyright that will still allow artists to be paid for their work and protect them against your hated corporations from cruising the internet hoovering up every single good idea that they come across? Or are you just looking for a way to avoid paying for stuff because you’re a student anarchist?

    Comment by Steve
    19.
    January 28, 2012
    11:14 pm

    thanks

    Comment by alexkintner
    20.
    January 29, 2012
    10:38 pm

    @Steve, you’re a simpleton. Read the links I provided.

    Comment by Penny Lane
    21.
    January 29, 2012
    11:31 pm

    Companies need to start making it easier for people to buy content legally online. Music, for example. If you have an Android phone that won’t run iTunes, it is frustratingly difficult to buy music legally. Until they make it easy for me to buy a song online on my device (which is a very popular one), they can bugger off.

    Comment by Sean
    22.
    January 30, 2012
    3:40 am

    It’s mostly junk, so it should be available for free anyway.

    Comment by Samuel Pepys
    23.
    January 30, 2012
    10:28 am

    @ 22 What are you on about ?

    Comment by Scarecrows Of The Stipe
    24.
    January 30, 2012
    11:17 am

    Let’s see a new album by a major act up on iTunes for 2.99. See how legit sales go versus torrent downloads. I’m not saying all cd’s should e priced so low, but it would give some data to work on.

    Comment by Eddie Collins
    25.
    January 30, 2012
    7:03 pm

    Notions that copyright should be abolished are utterly wrong headed, for a mass of reasons.

    Without copyright protection, then the recording of popular music basically comes to an end. It costs a lot of money to create a professional music recording – how does that get earned back if it gets pirated and downloaded for nothing? The outlay doesn;t stop at recording, an act has to go out an promote their single or album, and these campaigns also cost money – lots of it. Nobody will buy a record that they don’t hear about.

    This applies at all levels, whether it is a major record label or a small indie band juggling their credit cards.

    If there is no means of recouping the cost and turning a profit (i.e. earning a living) then nobody is going to spend the money. It’s as simple as that. The same goes for films, books or any patent etc.

    The existence of copyright means that it makes economic sense to make something, the absence of copyright means no economics and the world will have to get used to having much less music, films and books etc to savour.

    What about the thousands of employees working in recording studios, promotional agencies, distributors and retailers (high street and online), who’s jobs depend on the fact that the music they work on is copyright protected.

    Piracy is not a victimless crime.

    Comment by John Flahive
    26.
    January 31, 2012
    11:24 am

    Piracy is no doubt a large issue that does require resolution. But what many have pointed to correctly is this situation was born through lack of forsight and also the abuses of the industry over a prolongued period. Economics cannot be solely to blame for the current issues but people will always use the cheaper option.

    At its a heigth a disk of 12 songs was being sold for over €20, that involves an enormous profit margin, to whom its distributed and in what percentage i cannot say but i think we are all aware that to create the music and create the disk does not cost anything like that. The industry became far too greedy, people found a media in which to exploit frustrations and proper legislation was far too slow, and now they are attempting to bring it in with vague terminology which will leave the consumer concerned on what liberty may be infringed upon.

    Comment by Wayne
    27.
    January 31, 2012
    11:30 am

    Agree 100% with Wayne. The more you think about this issue, the more you have to concede that the industry had the ability to head this off at the pass but didn’t do so. I have sympathies for the labels – it wouldn’t be any other way seeing as I worked in the sector back in the day – but I find the fuming, legal actions and trying to turn things around to be wholly pointless. The only way out of this is through innovation and sadly, the innovative people in the major record business have already scarpered.

    Comment by Jim Carroll
    28.
    January 31, 2012
    12:21 pm

    I’m afraid Wayne and Jim are express the well worn and false thesis that piracy is basically the industry’s own fault.

    Since when did something become OK to steal because it’s price is high? If shops on the high street were experiencing high levels of shoplifting of designer fashions, would people then go on to internet forums and tell the shops it was their fault due to the prices they charge?

    I remember the controversies about the prices of CDs’ but they had dropped substantially long before piracy took off the way it did. Why would lowering the prices make a difference? At the end of the day no business can compete with theft, no matter how much prices are lowered they cannot compete with a thief getting something for nothing.

    I disagree with notions that its pointless to tackle piracy. We don’t live in a crimeless society, but would we stop trying to catch shoplifters on the basis that someone else would come along in their place? Crime cannot be eliminated 100% but that should not stop us doing what we can to minimise it.

    Comment by John Flahive
    29.
    January 31, 2012
    12:25 pm

    John Flahive – interesting that you spin what we’re saying here – ie a positive proposition that the industry needs to innovate to take account of how people’s consumption habits have changed – into a pro-piracy statement. I can’t speak for Wayne but that’s not what I’m saying at all. I’m agreeing with the position put by the Monday Note above that legal challenges and blocking access do not work and that’s it time – time which is long overdue – for the industry to take some innovative steps. Perhaps deal with that, rather than spinning. After all, one way to “minimise’ piracy and crime is to give customers what they’re after – a system of hearing or downloading music which is not geographically- or time-encumbered and is priced right.

    Comment by Jim Carroll
    30.
    January 31, 2012
    9:39 pm

    Great post, thoughtful comments… I’m one of the few that still purchase my tunes. I buy my vinyl albums, use the download code to access my mp3’s and Bob’s Your Uncle! I agree with most people, that the labels have a long way to go, before I as a consumer, am getting what I want. Here’s a couple of examples of my brushes with record labels (as a paying customer)…
    I purchased some vinyl direct from the ‘Italians Do It Better’ label last year. The vinyl went awol in the post. I contacted them, no problems, they resent the vinyl and threw in a few compilation CD’s and albums to check out. Brilliant! I’m happy with my free CD’s, and they’re thoughtfulness and customer service paid off, I’ve been collecting stuff from that label ever since.
    I also recently purchased a vinyl copy of Solar Bears album in Elastic Witch (record store), recently. Damn! No mp3’s with the record. I e mailed the label, Planet Mu, but to no avail. They were short and to the point, no mp3’s for me… A missed chance. I’m astonished that an indie label provided with proof of purchase from a consumer, couldn’t be arsed to send me the mp3’s. Even worse, I’m not familiar with their other bands, why not send me an mp3 compilation of other tunes from the label? Hey! I might buy more shit!
    ‘Italians Do It Better’ is an example of how things should be progressing. My point here, is that as a consumer of music, I rarely feel that the record labels give a shit about me, and that is the crux of the problem, and the reason most people don’t feel any remorse for downloading music illegally…

    Comment by eoiny
    31.
    February 1, 2012
    10:29 am

    @ 30

    Yeah they should have thrown in the Mp3 codes too , especially as if you had bought it on CD you could have just converted to Mp3 by just putting the disc into your laptop. So then you are at a disadvantage buying the vinyl…..I know you can convert vinyl to Mp3 but you need a special usb turntable

    Love Solar Bears myself too ;)

    Comment by Scarecrows Of The Stipe
    32.
    February 1, 2012
    10:36 am

    eoiny @ 30 – that’s an interesting point – wonder why there was no download codes? Very strange state of affairs – Solar Bears post here occasionally so hopefully they’ll see it and respond. As you say, you notice when a label takes care of you and will watch what they do again – I bought the Kyu album last year direct from the Popfrenzy label in Oz and got a free compilation thrown in which I didn’t expect and found some good stuff on it.

    Comment by Jim Carroll

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