Illegal downloaders to get warning letter....
Just read this article on the Guardian website http://www.guardian.co.uk/media/2008/jul/24/digitalmedia.piracy. Just wanted to know everyone's thoughts on this move? Is it a step in the right direction or too little too late?
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I wonder
how the ISPs will know which file-sharing activity is illegal? Exactly the same software can be used to exchange and share files perfectly legally. Are they going to scrutinise every file downloaded by every user, and determine whether it's a file they were legally entitled to download? Or are they going to send an accusatory letter to every user who's downloaded more than a certain threshold volume of files over a specified period? Or everyone who's ever downloaded anything using Bit Torrent technology.
Wrongheaded and unworkable. The death-throes of a dying industry.
Not downloaders
but uploaders.
Maybe I'm wrong but I don't think it is illegal to download copyrighted material from t'internet. What's illegal is sharing copyrighted material with others without a licence, ie uploading.
it's all just a laod of hot air aimed at scaring people anyway. If they cracked down on torrenting then people will simply use file storage sites instead (which in most do now). If they crack down on them on websites then people will just send them via email or make MP3 Cds and pass them around to freinds or start swapping memory sticks filled with music. You can't stop the black market in something that can easily be copied, that's a basic rule of economics.
with bittorrent there is little distinction
I don't actually know whether your legal point is right or wrong, but on a technical note, most file-sharing is currently done through bittorrent. By it's nature you start sharing, and uploading, any file as soon as you start downloading it.
filesharing
Is it still true that most filesharing is done through bittorrent? It takes an age and requires you to install software on your computer. using things like Rapidshare and Megaupload is several times quicker and requires no extra software - if it hasn't taken over from bittorrent then it surely will do soon enough.
You're right....
there will always be ways to download copyrighted material from the web. It seems to me that the industry has to come up with an alternative, but is very slow to do so. One site that I discovered recently (thanks to Word blog!) is Deezer. A French site that streams music, and has an agreement with Universal. I was wondering however what's in it for Universal? I like the site as it gives me a chance to preview some albums before I buy them, but will people just use it to stream music and never buy what they're listening to?
On this very subject
iPods half full of illegal tracks
Research conducted by the University of Hertfordshire has uncovered that 48% of the music stored on the average digital music player has been downloaded illegally. The figure rises to almost 80% amongst teenagers. The extent of illegal downloading by one of the largest survey of youth music ownership has shocked the industry, which is struggling to cope with declining CD sales.
Former Undertones front man Fergal Sharkey and now Chief Executive of British Music Rights said "I was one of those people who went around the back of the bike shed with songs I had taped off the radio the night before. But this totally dwarfs that, and anything we expected." His comments certainly seem to reflect a growing trend, as CD sales declined by 10% in 2007.
The study also shows:
63% of people illegally download
Just 15% of respondents are persuaded not to upload because of the risk of getting caught
95% engage in some form of copying
info from http://new.uk.music.yahoo.com/blogs/guestlist/22;_ylt=AjNuU2qFouACyMzf8e...
On this very subject
Duplicated post. Sorry.
Perhaps
The record industry is getting its comeuppance after years of shortchanging artists and ripping off music lovers so they can hoover industrial quantities of coke up their noses. The power balance as tipped and people are now just giving them a taste of their own medicine - and it's a bitter pill to swallow.
What's the real problem?
If CD sales declined by 10% in 2007, I wonder to what extent this was offset by the total sales of legally-purchased music downloads? In other words, I'm wondering whether the total amount of MUSIC sales have actually declined by anything like this amount, taking the comparison figure as (download sales + CD sales + vinyl sales), rather than CD sales alone.
What I'm getting at is, if someone used to buy 4 CDs a month (say 40 tracks), and they now buy 1 CD, plus 5 tracks from iTunes, plus a premium monthly subscription to eMusic, every month, then they're still buying much the same amount of music each month. If in addition, they illegally download a couple of hundred tracks each month, then so what? Surely all that matters to the music industry is their total sales. Do they really believe that if our imaginary punter could no longer download his 200 illegal tracks per month, he'd go out and buy all those extra CDs each month, too? Of course he wouldn't. In fact he'd probably buy fewer legal tracks, since he could no longer sift a ton of crap to find the nuggets he wanted to keep.
As I said - wrongheaded. They're both tilting at windmills AND pissing into the wind. Which is a neat trick.
Plus. . .
the hefty rise in ticket prices for live music that has coincided with the "new paradigm". The record companies may be suffering, but I think the artists are doing fine, inasmuch as there are probably the same number of people making/scraping a packet/living from it as there have ever been. For example, I was pleased to learn today that Martin Fry is still at it and certainly sounding perky enough about his lot in life - and that's someone who hasn't "had a hit" for twenty-odd years.
The most ill-considered aspect of this whole protectionist drive is that the people they are targeting as the enemy are their own potential customers.
It's not just pissing in the wind; it's also crapping on their own doorstep.
Ticket prices do...
seem to have gone through the roof, and everyone wants a ticket! I suppose because music has become so readily available a concert has become more of an event. This is especially true for artists like Tom Waits, tickets for his 3 gigs in Dublin were gone in 10 minutes. On the subject of Martin Fry, ABC are playing 2 Christmas shows in a hotel about a mile from my house this year! 26 years after I really would have given anything to see them!
Another key question is...
Who would suffer if the recorded-music industry collapsed? The people directly employed by the industry, to be sure - and as one who was employed by the Coal Industry during its collapse, I both realise the sorrow of the human cost of such a collapse, and that simply being "big" doesn't render an industry immune to collapse. But what about musicians? The only big-earners, post-industry, would be those who could build an international reputation as live performers (built by word of mouth, and by shrewd management). Nobody would get rich from record sales, but these big-earners constitute only a minuscule fraction of the total pool of professional and semi-pro musicians. The number of bands and artists simply "making a living" from performing live would probably remain much the same, or possibly increase, as live performance became the main medium for music consumption. Likewise those bands who essentially play for beer money, whilst holding down a day job, would experience no change. Where would CDs fit in to this? At the merchandise table at gigs, of course. Bands may prefer to leave the production of CDs to a record company, but there's nothing stopping them from arranging it all themselves - numerically, far more bands do this already than "leave it to the record company". In a sense, there would still be a record industry, but it would consist of thousands of tiny cottage industries, with the profits going directly into the pockets most deserving - those of the musicians themselves. There's nothing evil about the big record companies, I hasten to add - they're simply unnecessary.
The band that....
I'm in got distribution for our first album, but the company were awful! They only sent a few copies out to stores, and at one in-store that we did the guy from the company pretended that the store manager wouldn't put out a display for us, which turned out to be a complete lie! We ended up making more money by selling the CD at gigs, and they also wanted a cut of that!
I wonder......
How long before an update to i-tunes can identify/backtrack the origin of an mp3 like a fingerprint, as to whether copied from a CD or from a file, and the progeny of the file. Probably the technology exists. Probably happens already. Ownership of the CD that provided the template is neither here nor there, being equivalently illegal to copy it, evn for your own use, so it seems.
i'd say it'd be highly unlikely...
and here's why. There's any amount of software out there available which will convert the contents of a CD to mp3. As sure as eggs is eggs, if 'watermarking' by iTunes became the norm or essential, a lot of people who were putting pirated music up on the web, would switch over to some class of open source mp3 ripper that wouldn't put a watermark in place. There's got to be dozens of the buggers out there at the moment, and that would only grow if watermarking became an issue.
It might become a situation where iTunes wouldn't play stuff unless it had a watermark on it, of course, at which point every user has to make the decision whether they really want to use Itunes anyway; if you've a generic mp3 player and not an iPod, it's not an issue.
Fact is that the geeks will always be able to provide users with a free alternative to what you can, if you wish, pay for. AND they'll be bloody quick.
*edit* Retro - i might have sort of ignored your main point, but what i'm getting at is that iTunes isn't the only show in town and Apple might be quite reluctant to introduce a restriction that doesn't allow 'user owned' CDs be ripped and played.
As I recall
those figures classify anything not bought from a retailer such as iToons as 'illegal'. If you ripped it to your iSpod from your legally-owned cd, they still classed it as illegal.
Cos it is "illegal", innit?
Or so the mythology goes.
I'd also like to know...
if it's only CD sales that they are taking into account? A lot of people I know that still purchase music do so from iTunes or eMusic, and hardly ever buy a CD. On the subject of illegal downloaders ripping off artists, here is a very interesting article from Steve Albini, http://www.negativland.com/albini.html. It was written in the 90s, but probably still applies to bands signed to a major label. I wonder is this is what the industry is missing?
Paul nails this in the first post above.
Stable door. Horse. Bolted.
Get used to it.
Earn from gigs, it's the way forward, and neatly closes the circle.
The idea of recording music came along a very long time after the idea of making music. The idea of making money out of recorded music came along, predictably, nanoseconds after the technology to do so had been developed.
The idea of, and technology for, the copying of recorded music came along, predictably, nanoseconds after someone realised that that was another exploitable revenue stream.
The biggest beneficiaries of both revenue streams are often the same people, and rarely the musicians.
In the end, music itself, and the making, recording and copying of it, will survive quite well without the music industry.
Dang right
A hundred years ago, the "music industry" was almost entirely structured around sheet-music sales. The artists didn't matter at all - your granny on the joanna in your parlour was as much the performer as any famous music-hall artist was.
Interestingly, that paradiddle - sorry, paradigm - lasted for about 60 years, after which the sheet-music industry shrank to become the tiny niche it is today.
Today's mighty record companies have been around for. . . (looks at watch). . . .
Come in No. 3. Your time is up!
Interesting angle
I have just read a book called the Natural Economist which aims to use economics theory to answer everyday conundrums. One of them was, 'Why do major artists oppose fielsharing but smaller independent-label acts don't?'.
It's easy to assume that the small guys are just nicer than the corporate rock big boys and want everyone to share their art.
However the theory put forward in the book is a different one.
All albums have a fixed cost, that of producing the music - this covers studio time, producers fees, mastering, paying session musicians etc. The more albums you sell the smaller that fixed cost is as a percentage of the total paid, therefore the more profit the band make. For bands who know their music is never going to sell massive amounts the fixed cost takes up such a hefty percentage of the total cover price that they're not going to lose much if people copy it and start sharing it. However costs work differently for live touring and haveing their music distributed freely gets more people to gigs where they can recoup any losses.
This is the equivalent
of your postman opening your mail before he puts it through your letterbox. Just to make sure that there is nothing in there that shouldn't be.
ISPs are not the police and should not be acting like them. And isn't copyright infringement a civil issue, as opposed to a criminal one?
Incidentally, the police have been complaining about the uncooperative nature of ISPs for years when it comes to asking for their assistance in tracking and monitoring traffic through child pornography sites. ISPs continually hide behind privacy and human rights legislation, as well as stating that these sites are impossible to police. Yet, because Chris Martin's latest royalty cheque is a few quid down, hey presto! They suddenly have the technology and the willingness to snoop on everything that we do.
None of the above
gets round the fact that we have generational thing here in that lots of younger types just don't wnat to pay for music period, they don't value it. They don't clutch hard won singles to their chest or spend hours deciding which of the two lps to buy (because they can't afford both). They want it free they don't pay for broad band so taxing that's no use. When these kids grow older they aren't suddenly going to start paying for music like you average word reader. I think people antipathy to record companies has blinded them to main problem of who's going to pay the piper?
Funnily enough
I see the yoof turning up to gigs in their droves, getting there early and queuing round the block. They're quite happy to pay for music - they're just paying for the one thing they can't digitally download.
I can't
see this gig's will save bands paradigm not us they get off their arses and play more often but hwio many times would you see your favourite band in year? I went to latitude partly as it brought togther loads of bands i doubt they indiviual get that much
In today's judgment in the Max Mosley case
the judge says this (my emphasis):
What's fascinating about that - apart from the magnificent use of the word "spliff" by a High Court judge - is that the judge clearly considers across-the-board surveillance to be disproportionate to the mere suspicion that a minor offence may be being committed. This raises the question: if ISPs do start shopping their customers for downloading copyrighted material, will the courts throw it out because the evidence was obtained inadmissably?
Empty vessels make most noise.
ISPs can watch your traffic, in the sense that they can see exactly where the packets of data are going, which allows them to infer some things about what you're doing - certain software uses certain port numbers and so on.
What they can't routinely do is read the contents of those packets; if you use a P2P torrent client like utorrent, the packets are encrypted.
Add to this the fact that there are people working on even more obscurely disguised P2P protocols, and the fact that one can already join private networks within networks (like Freenet for example) and thereby make things even more difficult for the snoopers, and I really don't think that sharing a few FLAC files is going to get you transported to Botany Bay.
This "warning letter" is a lot of hot air, aimed at preparing the way for a barrage of snail mail propaganda which might, just might, scare off a few of the less tech-savvy kiddies from helping themselves to MP3s. At least for as long as it takes for them to ask their more savvy mates to show them how to duck below the parapet again.
All that will have been achieved, in the eyes of the serious file sharers, is that the industry will have confirmed themselves to be the panicking lizard skinned parasites with an eye on Darwin's clock that we knew they were all along.
I speak as someone who has downloaded many terabytes of CD quality music files (I loathe MP3s), all acquired perfectly legally from websites that anyone can find easily via Google. I don't have a single illegal file on my machines, yet I must appear to my ISP like a fervent filesharer, probably a typical target for this forthcoming missive. If it arrives I will post it here, and we can all laugh at it.
Mind you.......
......who saw the news last night. I see they have drafted in Barry McGuigan to put the frighteners on. Scary, right enough but would it not have been better to have someone from music, as it's a bit like having Feargal Sharkey advise about the dangers of bare-knuckle boxing......
This I....
have to see!!
Well you could have
Feargal Sharkey singing 'You Little Thief' - is that frightening at all?
That would be...
much more of a deterrent than a letter!!
Just found this...
lonk when reading something on the Guardian website, http://www.edri.org/edrigram/number6.13/sweden-fra-adoption. It seems that Sweden are one step ahead when it comes to monitoring what it's citizens are doing!
ROBIN WILLIAMS
had a great take on the Great British Bobby going around unarmed, as opposed to his highly armed American counterpart. So where the American policeman would just shoot away, the bobby would go "Stop... or I'll say 'Stop' again!"
I think warning letters will have precisely the same effect.