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Tim O'Reilly Says Piracy is Progressive Taxation

Idmat writes "In Tim's latest opus, he reflects on the lessons of his experience as a publisher: (1) Obscurity is a far greater threat to authors and creative artists than piracy, (2) Piracy is progressive taxation; (3) Customers want to do the right thing, if they can; (4)Shoplifting is a bigger threat than piracy; (5) File sharing networks don't threaten book, music, or film publishing. They threaten existing publishers; (6)"Free" is eventually replaced by a higher-quality paid service; and finally, courtesy of Larry Wall, (7)There's more than one way to do it. "

29 of 497 comments (clear)

  1. good thing by ciryon · · Score: 5, Insightful

    I think many people, like me, download music and then buy it. Artists like Moby are very positive about MP3's. Think about it, the artists themselves just want their music to be played and loved.. the money is just a bonus.

    Ciryon

    1. Re:good thing by Anonymous Coward · · Score: 5, Insightful

      I just want the websites I work on viewed and enjoyed.. the money is just a bonus.

      Oh wait, I have bills to pay! Excuse me if I'm greedy and want to be paid for my work.


      Having done some session work in the music industry, as well as having worked with a few fledgling lables, I gotta say, if you're trying to make money off of your music, don't sign with a major label. (Heaven help you if you want to make a living by the written word.)

      Independent lables like Dischord, Epitaph, Bomp, and Sympathy offer much better contracts, with a higher percentage of the royalties returning to the band MOST OF THE TIME, in my experience. Talk to independent musicians, then talk to those who signed with the multi-national. Which ones are happier with their label's support? Which ones know where the money from their sales is going? Which ones are going to complain about free promotion?

    2. Re:good thing by Eil · · Score: 5, Insightful


      Both of you missed the point entirely. People have been sampling and/or listening to music without paying for it for ages (legally or otherwise) and filesharing is just another avenue to enable them to do that. If I hadn't had access to filesharing programs such as Napster, I can think of three artists in particular who would have sold at least 5 CDs less because I wouldn't have even heard of them in the first place.

      All of you "starving-artist advocates" need to acknowledge that all of the music industry's problems are caused by the music industry itself, not the fans. We support the artists we love and tend to ignore the artists who constantly complain about not having enough money. (Metallica, et al.)

    3. Re:good thing by Anonymous Coward · · Score: 5, Interesting
      "Artists need to pay their bills..."

      Oh, how I hate that fucking line.

      Let me elaborate on that. How exactly is being a musician any different from being a firefighter or a teacher? Well, lets take the entertainment factor out of it and put them side to side.

      There is a very bad precedent set, which says you will make bajilions of dollars if you become a famous musician. Musicians and actors are 2 of the most overrated bullshit professions in America. I don't buy this argument about how Britney Spears has to pay bills which total 20 million dollars a year, or how Dr Dre has to have 5 mansions in Bahamas (and they still bitch about piracy). That's a simple case of overvaluation.

      I "pirate" lots of music. In fact, I have over 600 Gigs of high quality music ripped and encoded to VBR via LAME encoder. I also own some 300 CDs. Do I still pay for music? The answer is Yes. From small independent labels. I don't feel like supporting Sony exec's crack habit or contributing more money to already fat purse of some of these musicians. I'll be damned if Sony, Universal or BMG ever see another dime from me.

      Buy your music from Projekt, Kranky, Saddle Creek, or Polyvinyl Records to name a few EXCELLENT labels.

      Fuck the mainstream bullshit.

      You're listening RIAA? I AM STEALING YOUR MUSIC, AND THERE ISN'T ANYTHING YOU CAN DO ABOUT IT.
    4. Re:good thing by Alsee · · Score: 5, Insightful

      I just want the websites I work on viewed and enjoyed.. the money is just a bonus.
      Oh wait, I have bills to pay! Excuse me if I'm greedy and want to be paid for my work.


      Well I spent 3 months making my website about fecal sculptures, and I want to be paid for my work too!

      If someone hired you to make the website then it's perfectly reasonable to expect to get paid. If your website provides a service that people are willing to pay for then good for you. If you put up a website as a hobby because you want other people to view and enjoy it, then cool, and any money you make is a bonus.

      If none of the above apply, then why the hell are you wasting your time making a website when you have bills to pay? Go get a job instead.

      And I hate to break it to the RIAA, but if piracy COMPLETELY WIPED OUT the recording industry and no one could make a cent, you'd still have plenty of people making great music and giving it away for free. Not that it could ever reach that extreme, good musicians would still have several ways to make money.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:good thing by blancolioni · · Score: 5, Insightful

      Oh wait, I have bills to pay! Excuse me if I'm greedy and want to be paid for my work.

      Then find a line of work that pays the bills. If the existence of file sharing technology prevents a business from making money off recorded music and/or software, it's not the network that's the problem. It's the business plan.

      Musicians used to make all their money from performances. Technology created a new revenue stream, and new technology might be killing it off again. This is not fundamentally a bad thing.

    6. Re:good thing by AdamD1 · · Score: 5, Insightful

      Talk to independent musicians, then talk to those who signed with the multi-national. Which ones are happier with their label's support? Which ones know where the money from their sales is going? Which ones are going to complain about free promotion?

      Well that all depends doesn't it?

      I worked for a label that was on the cusp of moving out of "indie" status and more towards "major" aspirations, just by the nature of their artists' success. So my feeling is: There are artists out there who are quite happy with their major label. The successful ones.

      If you want to just enjoy making music and see what happens my feeling is labels are not even a good way to go. Do it completely yourself. If, however, you have songs which anyone thinks are million selling singles, or a stage charisma that demands a larger venue to play: major labels are extremely good at high-level, mass promotion of that style of artist. Anyone who thinks that by signing with Columbia or Atlantic they're going to be "nurtured" is in for a massive wake-up call.

      This is where I think both labels and artists need to be more realistic. By that I mean: Columbia still to this day talks about itself as this warm fuzzy place that signed Bob Dylan and Simon and Garfunkel and took them by the hand and turned them into the successes that they are. How long ago was that again? When was the last time they did this with a new artist exactly? When was the last time anyone heard of a major label "developing" a new artist into a success, rather than "foisting" a new artist?

      Key thing to remember: there are bagillions of artists out there who honestly see "making money" as the last thing on their minds when they're writing songs. I mean that sincerely. Most musicians I know are just happy to get the creative ball rolling. If it goes further: wahoo!! But if it doesn't, after you're suddenly thrust into this corporate structure etc.: non-wahoo. This is why I think labels - and label deals - are ultimately irrelevant these days.

      --
      Because I can! [Brainrub.com]
  2. Bowie, also... by mirko · · Score: 5, Interesting
    Well, Moby's 18 was lame, thanks to MP3 sharing, I could just avoid this expense. (I erased all since).
    But I agree with your comment.
    Here's a quote from David Bowie :

    Shift Interview with David Bowie by John Turner, Shift, November 1999 - Has the so-called "MP3 revolution" had an impact on you?

    Not even remotely. Revolution? I don't see it like that. It has been coming for a long time. I had a Rio last year! They've been taking my music and bootlegging my shows for ages. I know all the sites that have my bootlegs and all my MP3s. Actually, I don't give a flying fuck. I like the internet and I like the community. I think, to understand your presence on the net, you have to be a part of it and work within it. I thought it just looked so reactionary, for instance, of someone like Prince to clamp down on everything in terms of the lawsuits. You can't stop the sea from coming
    forward.
    --
    Trolling using another account since 2005.
  3. Finally! by sheepab · · Score: 5, Interesting

    Someone who actually understands that other causes, like shoplifting, cost the MPAA/RIAA more money than pirating.

    1. Re:Finally! by Anonymous Coward · · Score: 5, Insightful

      Actually, I would argue that payola and indimidation rackets cost the RIAA more money than piracy, but they probably write them off as business expenses anyway.

    2. Re:Finally! by eglamkowski · · Score: 5, Insightful

      I used to work for a small computer game company, and the owner's attitudes was that piracy was actually good! It meant people actually liked your product enough to want to pirate it. It's almost like free advertising. Plus, many of those people were never going to buy in the first place - if they couldn't get it for free, they'd just do without. So it doesn't really count as lost sales regardless.

      I know myself when I wanted to buy the lastest version of Microsoft Office, discovering it ran $600 (!!!!) I decided to pass. It's just not worth that much to me. *If* I were to acquire a pirated copy of Office XP, it isn't lost revenue for Microsoft since I would never buy for $600 anyways, I just can't afford to pay that much. If you listen to the SPA, they would count it as lost sales, which is why their numbers are worthless. In fact, I recall reading one interview of an SPA person who actually outright said they just "make up" dollar figures for the cost of piracy. *rolls eyes*

      --
      Government IS the problem.
    3. Re:Finally! by floppy+ears · · Score: 5, Informative

      This is correct and should be modded up.

      For a great and comprehensive look at the payola problem, check out Eric Boehlert's articles on Salon. The complete opus can be found here.

      --

      "If I could live to be several hundred
      I could take a walk and really wander, really wonder."
  4. So no we have reasons to steal by VirexEye · · Score: 5, Insightful
    (3) Customers want to do the right thing, if they can

    I tend to disagree with this. I think it is safe to assume that a majority of the people in the US will always take the 'free' alternative if they can get away with it with ease. People says that "If the music industry let me pay $.50 per song to download in a unrestricted format, I would pay instead of steal" and while some would, most would still get their music from kazaa. The reason why we hear people on slashdot say this so much is that they know a system like this will never happen with the current RIAA. Instead they decide to use it as a poor moral justification to their illegal music swapping habit.

    In conclusion: (1) People like stealing if it is anonymous, easy, and leaves no possibility of getting caught and (2) People need to stop trying to justify their actions as if it were some kind of morally justified duty bound civil disobedience

    On a side note, I have gigs of downloaded mp3's but will not pretend that I have a good reason for breaking the law.

    *hides from all the -1 flamebait mod points*

    1. Re:So no we have reasons to steal by Trinition · · Score: 5, Insightful

      I disagree with your reasoning, but not the result to your argument. I don't think people like to steal. And I don't think people will always go for the "free" route. I could walk to work fo free, but instead I pay for a car and its maintinence. This keeps me out of the weather, its faster, and its more confortable. Its more convenient (i.e. easy).

      When it comes to piracy, I don't think people do it because its free. I think they do it because the total effort/expense to them is less than obtaining it in the store. But, thee quality isn't as good. You dn't get the lyrics, cover art, etc with your pirated MP3 (oh, wait, this is Slashdot... I should've said Ogg).

      Now if people could download legitimate MP3s (read: no DRM) of their favorite band, get a JPEG of the cover, XML of the lyrics to plug into their favorte MP3-player's Karoke add-in, and were registered to get preferred tickets at concerts, sneak previews of upcoming albums, etc... all for say $0.50, I think a lot of piracy would be curbed.

      But because what someone considers to be the cost/reward of piracy is subjective (in fact some peole may see a personal advantage in the CHALLENGE of getting around the piracy) that you will never stamp out piracy. BUt you can curb it tremendously by conidering it a competitor rather than futility fighting it as a crime.

      So, I don't think people like to steal. They just steal because its easier and what they get isn't much less than what you'd get in the store.

    2. Re:So no we have reasons to steal by tswinzig · · Score: 5, Insightful

      I tend to disagree with this. I think it is safe to assume that a majority of the people in the US will always take the 'free' alternative if they can get away with it with ease. People says that "If the music industry let me pay $.50 per song to download in a unrestricted format, I would pay instead of steal" and while some would, most would still get their music from kazaa. The reason why we hear people on slashdot say this so much is that they know a system like this will never happen with the current RIAA. Instead they decide to use it as a poor moral justification to their illegal music swapping habit.

      No, the main reason use Kazaa or what have you is because it's easier AND cheaper than going to the store and buying the CD, then ripping it.

      If the music labels made it EASIER to get their music in unrestricted formats for a reasonable price, you've just demolished one reason for using P2P.

      Then you've got one left -- cheapness. Free P2P music would only remain to be 'free' if your time is of no value.

      Which is more likely to happen if the labels started selling affordable unrestricted music online:

      - You pay a reasonable fee to download a high-quality MP3 album directly from the label's fast network pipe. On a cable modem, this may take you 5 minutes of active work (even less if they license Amazon One Click Shopping®!), and another 10 minutes of waiting for the 80MB download.

      OR

      - You spend an hour or more searching P2P networks for all the songs that make up a new CD release. Even then you might not find them all. Even if you do, some of them may be shitty quality. Even if they're not all shitty quality, how many times did you have to retry a file because the person cut you off, or the connection was too slow?

      --

      "And like that ... he's gone."
  5. Re:Comparison to Insurance Fraud? by tigress · · Score: 5, Insightful

    Whoa! Big difference!

    Insurance fraud means that the insurance company is actually PAYING OUT money where they shouldn't have to. There is, in other words, an actual cost to the insurance company.

    Piracy on the other hand, means that someone makes a copy of something, an action that doesn't cost the producer of the original anything.

    Now, if you had a painting for sale and I took it from you, that's theft. That's comparable to insurance fraud, because I actually take something of value from you. If I instead photograph that painting, I might be violating copyright law, but you still have the painting and you're still able to sell it, hence no theft. Of course, there might be the issue of indirect costs if I print large number of copies of your painting, so that people will buy those instead, but that's a completely different thing.

  6. Re:Piracy is GOOD by 0xdeadbeef · · Score: 5, Funny

    Which is why I like shoplifting better than piracy, since I have a 56k and all..

    Never underestimate the bandwidth of Raiders jacket stuffed full of CDs.

  7. its all about 'try before you buy' by hpavc · · Score: 5, Interesting

    screw those music companies if they are going to rip someone off for another cd with only one good song on it. simularly another cd with just a different cover or maybe a 'bonus' song on it. how many $15 disks did i buy that i didnt want once i listened to the damn thing? are there tracks i never finished? sure. nothing i can do about it either

    same thing with games as well ... a nice box or animation on tv isnt enough to make me happy if the game is lame or behind by five years. especially in this world where nobody takes back returned games.

    --
    members are seeing something, your seeing an ad
    1. Re:its all about 'try before you buy' by feed_me_cereal · · Score: 5, Interesting

      same thing with games as well ... a nice box or animation on tv isnt enough to make me happy if the game is lame or behind by five years. especially in this world where nobody takes back returned games and many stores have kiosks for you to try games out on.

      I'm sorry, did they pass a law requiring vendors to allow customers to try products out, at their own expense, before they decide to purchase them? They can do whatever the hell they want, it dosen't give you the right to steal. Besides, you can rent most console games.

      Q: Why can't you return games?
      A: Piracy

      Now how do you suggest we solve this problem? Piracy? How about boycot, it's the only non-hypocritical and effective method, but since it requires sacrifice it's nearly garunteed that most people aren't going to go along with it...

      CD's are overpriced, but you probably don't appreciate the production costs that go into games. Many game companies don't make their money back. It dosen't take a lot of $ to make a music cd, unless the artists are already superstars and demand a high sum, but a team of programmers and graphic artists can be very expensive.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
  8. Re:Metaphor Faux Pas by larien · · Score: 5, Funny
    denile is a great thing
    Yup, and so is deamazon, dedanube, demississippi and dethames.
  9. Bruce Sterling by wiredog · · Score: 5, Insightful

    In "The Hacker Crackdown" he said (or may have been quoting a police detective) "10% of the population will steal anything not nailed down, 10% will never steal anything, the battle is for the hearts and minds of the rest."

  10. What if you CANNOT buy a disk? by wowbagger · · Score: 5, Insightful

    What if you cannot buy a disk?

    I don't mean "You cannot afford to buy a disk", or "You are unwilling to budget the money to buy a disk", I mean "I have money, but no-one is selling the disk I want"?

    Consider this: I got into The KLF some years after they were hot. While you can fairly easily purchase The White Room, Doctoring The Tardis, and Chill Out, you cannot find any of the older KLF albums new. Period. The KLF burned all their older albums as a result of some copyright problems.

    OK, so how can I buy that which no longer exists? Now, while I would happily purchase the albums if I could, now I would pretty much be reduced to getting them via a file sharing service (the true irony here would be if The KLF (Kopyright Liberation Front) objected to being traded over a file sharing network.).

    Or consider "Song of the South" - You will NEVER see that movie again, because The Mouse is so Politically Correct that they would never air that movie (and I don't see why not - Uncle Remus's tales were NOT racist!) Since there is no profit in keeping the movie preserved, it will in all probability rot away in a vault next to Walt.

    Sorry, but I begin to think that copyright should have a clause forcing it to expire if the material is not distributed in a reasonable and non-discriminatory fashion.

    Just a little thought-grenade I thought I'd lob into the conversation.

  11. The clue is out there... by Raetsel · · Score: 5, Insightful

    • "..."Free" is eventually replaced by a higher-quality paid service..."
    Yup, they're called CDs.

    It's possible to purchase MP3s these days, at prices comparable to the per-track cost of a CD. But why? Most people can't discern the difference, but with bloody expensive equipment it is noticable.

    Take my recent experience:

    • My home theater receiver died recently, and I just got around to shopping for a new one -- the contenders started out with a Sony ES unit, a couple Denon THX-Ultra certified models, and a Pioneer Elite THX receiver.
    • Then I made a mistake.

      I listened to a mid-level, non-THX McIntosh. (The MHT-100, if you must know. "A/V Receiver" on the drop-down menu.)

      Oh. My. God.

      I heard things on a CD I didn't know were there -- and yes, the only part of the equation that changed was the receiver. Same speakers, same source, same volume level and EQ (none), same room.

      It's a $5000 (US), 92-pound behemoth that looks like it was designed by the same guy who designed the McIntosh 1700 back in the 60s. It's twice the size of anything else, looks ugly... and sounds incredible. I could buy 5 Sonys at that price, yet I'm still having a really hard time justifying the Sony after hearing it.

    It was a very profound reminder of why I shouldn't put money straight into MP3s without getting the source material on CD... you're not getting the whole sound. (Heck, even with CDs you aren't... but it's better than MP3.) It's even making me think about SACD (Super Audio CD) and DVD-Audio... and I don't have perfect hearing.



    In my perfect world, the recording industry encourages trading of mid-quality MP3s because they realize it's free advertising, and people will go out and buy CDs knowing they get a higher-quality product and better sound.



    But it's not a perfect world, things don't work that way, and we're busy making the lawyers rich.

    Lovely.

    --

    "...America's great minds of today, teaching America's great minds of tomorrow. Poor bastards." -- A Beautiful Min
  12. Grateful dead, also by SgtChaireBourne · · Score: 5, Interesting

    The Grateful Dead let fans copy and swap recordings as much as they like. In terms of both popularity and money, they were quite successful. Being heard is the essence of music performace and builds your fan base. The larger the better/profitable.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  13. The cost may not be that important by Omni-Cognate · · Score: 5, Insightful

    The article was absolutely brilliant. So brilliant, in fact, that it made me wonder why the music industry is being so reactionary about all of this when many print publishers are doing their best to embrace the new technology.

    The difference, I think, lies in O'Reilly's description of the mathematical necessity for go-betweens to facilitate interaction between millions of buyers and sellers. If that really was the basis of the recording industry, then everything else he said would immediately apply and we could justly accuse the recording companies of a deplorable lack of vision. However, in the case of the music industry, I don't think that is the whole story.

    When I buy a book, I either go to Amazon and look at the customer reviews (for technical books) or wander into a shop and look around until I see something interesting (for novels). My decision is therefore based either on my own, (relatively un-manipulated) opinions, or those of other consumers. Despite the existence of poster and tv adverts for books, the role of a book seller is therefore primarily to present me with a wide selection of books and let me make my own decision.

    The music industry is in a very different position. Through radio and TV, people are continually hearing music which is currently available. Liking a piece of music is an odd psychological phenomenon which depends heavily on repetition of the tune and perceptions of what your peer-group likes. Since the music industry has a lot of control over what you and your friends hear day in, day out, they have a remarkable amount of control over what you like, and therefore what you will buy.

    The truth of this can easily be seen by the fact that it is possible for the music industry to make vast wads of cash out of such utter crap as Will Young covering Light My Fire (and, oh, I still tremble with rage at thought of that sacrilege) and the Cheeky Girls rambling on about their bums.

    That level of control over the minds of customers far outstrips anything the print publishers can exert. It's a license to print money, and I believe the recording industry is scared of losing it. A well implemented peer-to-peer service in which it is possible not only to download music you know you want, but to be exposed to new music in a way the music industry cannot control could be their worst nightmare.

    I don't want the music industry to disappear and, as the article pointed out, it never will. I just want it to be reduced from its current role as the definer of popular culture to to its proper place as a facilitator of popular culture. If that can happen, one way or another, we will all be better off

    --

    "The Milliard Gargantubrain? A mere abacus - mention it not."

  14. The real issue is "Business Model", not piracy by dpilot · · Score: 5, Insightful

    We're all distracted by the side issue, here. It's not piracy vs shoplifting, or anything like that.

    The simple fact is that the Internet has made the current business model of music publishing and distribution obsolete.

    That's not to say that we don't need music stores, or that we don't need the RIAA. (Snicker if you like, but they do have a role to play, and it may well be more then the pre/de-emphasis curve for vinyl recording.) It's the business model, plain and simple. They have three prime roles: studio work (recording/mixing, etc), promotion, and distribution.

    Studio work is diminishing, because the declining cost of technology brings it to an ever-increasing number of people. Basement and garage studios abound, and it goes uphill from there. Sure there's a lot of drek, but there's some good stuff, too. But this isn't the big issue.

    Promotion is one big issue. The big labels really work on the STAR. For the most part, they are able to pick a random artist, shove them into airtime with music and videos, and make them a STAR. Then they sit back and harvest cash. The rest of those people who want to make music are a 'cost of doing business' to be minimized, albeit a potential source for the next STAR.

    This role is under jeapordy from the Internet and file sharing, because they allow us to make up our own minds. The real effect here would be the diminution of the STAR. Not that we won't have them, but they'll be less significant, and under less control, AND probably more talented.

    The other big issue is distribution. Once upon a time, their role was to get music out there. Now their role appears to be preventing music from getting out there. They manufacture scarcity. But that's also not to say that CD stores are obsolete, because they're not. But we/they need to understand the difference between mp3 and CD, and quit pricing the things like platinum.

    In a technology-adjusted business model, the RIAA and the major labels still exist. Ironically, they may still make the same profit levels. But they shed most of their control over STARs and airtime, and they have to work harder for a larger range of artists.

    --
    The living have better things to do than to continue hating the dead.
  15. Re:WRONG!:Piracy is GOOD by BreakWindows · · Score: 5, Interesting

    Robin Hood wasn't real; it's a legend.

    Right, the legend of a character we view as being "heroic". What's your point?

    Morals are not "set by the population".

    Then, how are they set? Why do different nations, states, cities and communities have differing morals? Sounds to me that while it isn't necessarily spoken, the morality is set by the community (or, the population).

    Taxes have nothing to do with theft.

    They're taking my money without my consent. Just because it's legal doesn't mean it's right.

  16. I've worked it all out by goldcd · · Score: 5, Insightful

    The effect of P2P has on a record company is:

    #1 Revenue gained from CD sales from consumers who bought CD after sampling and wouldn't have bought it previously
    minus
    #2 Revenue lost from consumers who would have bought CD not buying it after sampling it.
    minus
    #3 Revenue lost from consumers who would have bought the CD and after sampling it decided not to.

    If this was a positive value then the record company would be happy, if negative then they will oppose P2P.
    Usually the RIAA pushes #2 as their argument and then it's countered with #1 by P2P representatives. I'm pretty sure it's actually #3 that's scaring the industry.
    The relationship between their protest therefore directly relates to the number of people disliking their music - louder you hear the artist or label whining the worse their music.

  17. people would pay for convenience by hqm · · Score: 5, Interesting

    I was having a party and wanted to get some new
    music for it the day before. I used Kazaa to
    search and download some christmas songs by
    Louis Armstrong, other older Jazz and Barrelhouse artists, and some contemporary ones.

    I would have been happy to pay around .25 to .50 per song. I wanted them right away, I wanted a big selection, I didn't want to have CD's to change and purchase and discard the packaging.

    I would love to put money in the hands of the artists directly. I contribute to web sites such as dyndns.org , eff, granitecanyon, etc, that provide services, even though it is not required.

    I think the music publishing industry are a bunch of thugs and parasites, by and large, and they have been crushing the smaller and independent
    studios and artists, while calling the public thieves and pirates. They are now petitioning congress to install monitoring in all of our computing equipment.

    People, this HAS TO STOP. Right now we fight back
    through the EFF, and other public interest groups. Give them money and take the time to write to your congress people, before you are thrown in jail by the record companies.