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Economics of File-Sharing

Umair writes "The Red Herring's got an article by me about the economics of file-sharing, which argues that the music industry should provide insurance...against itself. This is because the contract listeners sign with labels is risky - it lets labels shirk on their end of the bargain. That's why file-sharing isn't just 'theft', it's risk-sharing. The original, longer, version of the paper is here, which argues that this a situation economists call double moral hazard."

26 of 265 comments (clear)

  1. One weakness of both articles: free always wins by peeping_Thomist · · Score: 5, Insightful

    Both of the linked articles make a compelling case that consumers embraced file-sharing as a form of insurance in a situation of moral hazard. What the articles don't explain is why consumers would be willing to move away from file-sharing toward any of the various proposed contracts.

    --
    Anything worth doing is worth doing badly -- G.K. Chesterton
    1. Re:One weakness of both articles: free always wins by cthugha · · Score: 4, Insightful
      What the articles don't explain is why consumers would be willing to move away from file-sharing toward any of the various proposed contracts.

      There are a number of explanations, the most obvious being enlightened self-interest (you need to pay for music if you want more music down the track) and the acqusition of intangible secondary beneifts (you pay for a warn, fuzzy feeling of goodness and righteousness). Both aren't strong factors in the current market because of the predominant consumer sentiment against the record labels, i.e. consumers think the labels can take the loss associated with infringement or are just ripping consumers off anyway.

      It's true that classical economics doesn't model this very well, but classical econimics doesn't model open source/free software process very well either, a fact that has in no way impeded the continued existence of that process.

    2. Re:One weakness of both articles: free always wins by localman · · Score: 5, Insightful

      In a word, "service".

      People would be willing to pay for better service. In fact, they already do. Witness the amazing success of the iTunes Music Store thusfar. This is in spite of the fact that people can download the same songs for free. More reliable searching, faster downloads, and consistant quality are worth about $.99 per song to a heck of a lot of people.

      If the RIAA had kept it's focus on pleasing customers they would never have had the problems they're having now. A good lesson for _any_ corporation.

      Cheers.

    3. Re:One weakness of both articles: free always wins by Michael+Spencer+Jr. · · Score: 4, Insightful

      I think the author left that out because, to an economist, it seems obvious. The cost/benefit decision consumers make isn't predictable, but it's well-understood. There's some value at which certain percentages of the population think it's better to buy music legally than to break copyright law. The simplistic view I had before reading this article was based on that concept -- I felt that record companies needed to bring their prices down until an acceptably large portion of the population returns to buying copies of music.

      If your particular "crossover point" is under a penny, that doesn't invalidate the author's interpretation of human behavior in economics terms. The law of supply and demand has already weeded you out.

      The author's paper has changed my opinion. It was extremely insightful, and therefore very persuasive. It doesn't require that we trust the author's expert opinion about anything in particular. Instead he draws from real-world examples that demonstrate common-sense economics concepts, applies formal economics terms to them, and then uses those terms to distance the reader from the emotional impact of "stealing music" and "starving artists" and allow the reader to think about the risks and expectations involved in buying music.

      Some users have been misinterpreting "moral hazard" to mean something about placing a "morality cost" on the act of copyright infringement. Some then use this as an opportunity to state that their particular "morality cost" is near zero. That's not what the author meant by "moral hazard". The term doesn't specifically refer to morality, but rather refers to the hazard inherent in trusting that a record label will only charge a fair price, especially when we can't see what they're doing or how they're doing it.

      Others might interpret the point of this paper to mean other things, but in my interpretation: people who use the term "moral hazard" as an opportunity to talk about how much people value the legal risk of copyright infringement are missing the point and should be considered offtopic; and people who misunderstand "moral hazard" and think it's talking specifically about the value of that legal risk are probably not reading or not understanding the article.

      The article makes good sense, and is worth the time it takes to read it carefully: when I buy music I can't help but wonder if the "agent" (the label) is pricing fairly or unfairly, because I can't see how their business process works. Also, now that the author brings it up, it would help if there was some kind of "insurance" such that I don't have to pay so much if the music I buy sucks, but also if I don't have a chance to abuse this "insurance".

    4. Re:One weakness of both articles: free always wins by nyquility · · Score: 3, Insightful

      I think the solution has to be a system of checks and balances where on the one hand I, as the consumer/principal, feel I am getting my moneys worth or if not have some avenue of redress and on the other hand I know that if I abuse my end of the bargain I may end up paying a multiple of what I would have paid, had I played fair.

      This reminds me a lot of how public transport works here in Austria where I am living at the moment. There are no entry or exit "barriers" so its pretty easy to just walk onto a subway train or a tram and not pay for a ticket. Of course there are plain-clothes controllers who will check your ticket and getting caught without leads to a hefty fine. The price of a ticket itself is reasonable, so even though a percentage of people "run the gauntlet" of not paying, most just shell out the small amount of money necessary to have the comfort and security of not having to worry about being caught. And in general you never feel you've been ripped off, because the service is pretty reliable.

      Then again all that being said, hell will hit 0 Kelvin before record company execs start thinking of it in similar terms. I strongly believe that they think of themselves more as "legal drugdealers" who control supply and demand completely and can freely dictate what, where, how much and at what price we will consume their product. And to all extents and purposes it has been so for a long time. I think the only party who has any power to change that is government but they are being "bought off" as hard as possible.... Dire times for music fans.

    5. Re:One weakness of both articles: free always wins by jc42 · · Score: 4, Insightful

      On the contrary; there's a very good reason that I might be willing to pay. Umair did explain it: If a music service could consistently present me with music that I want to listen to more than once, it would save me a lot of search time. That's time that I could spend doing something else, such as listening to music that I really like. That's definitely worth some money to me, though I couldn't tell you how much until I see the service.

      I've bought from iTunes, but I'm not impressed by it. Why not? Well, I tested it by taking some of my favorite CDs and looking them up on iTunes. I couldn't find any of them. My conclusion is that iTunes, good as it may be for others, just doesn't cater to people with my tastes.

      I don't think that it matters what my tastes may be. When I look around me, I find a lot of really good musicians, who have never been recorded by any label, and never will be. When I mention this to other people, they always agree, though they give different examples. So I conclude that there is a lot of music in the world that I'd like if I could hear it, and I'd pay for recordings of it. But iTunes doesn't find it for me. Neither do any of the other commercial music suppliers.

      OTOH, there are people who do find me the music that I like. And when they recommend a CD, I'll buy it without listening to it. But those people don't work for Apple, or for any of the labels. Some of them are online, and have web sites that include their own reviews of recordings plus links to the musicians' web sites. This works well, and I've bought a number of CDs this way.

      What we need now is a good, systematic way for such reviewers to get a bit of pay for passing out such time-saving information.

      This is all doing an end run around the traditional recording industry's distribution channels. But why should I care? That industry hasn't done a good job of supplying me with music. Now I can find good music by spending some time listening more or less at random, and by listening to the advice of others with tastes like mine. If someone can save me some of this time, I'll be willing to pay them. But I don'tsee the recording industry doing it any time soon.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  2. They should provide insurance? by xanthines-R-yummy · · Score: 5, Insightful
    I don't think so. I think they should stop price-fixing. I mean, doesn't it seem odd that the Two-Towers extended version, which has 4 DVDs and cost millions to make, costs roughly the same as new release music CDs? What happened to the free-market system of America? Where is that cost coming from? There's no way they could spend the same amount of money on making a CD as a full-length feature film DVD. Is there?

    BTW, has anyone recieved their settlement check?

    1. Re:They should provide insurance? by blincoln · · Score: 3, Insightful

      I mean, doesn't it seem odd that the Two-Towers extended version, which has 4 DVDs and cost millions to make, costs roughly the same as new release music CDs?

      No.

      Because by the time a film has been released on DVD, it has already generally made back its production costs and turned a profit. DVD sales are just additional profit, which is why they can be sold cheaply.

      The record industry doesn't have an equivalent of movie theatres. They make all their money from album sales, although apparently some of the big labels are trying for a cut of concert profits now.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  3. That was about as clear as mud...... by herrvinny · · Score: 4, Insightful

    Such a system might, for example, reimburse listeners for a certain amount of music that they find unsatisfactory with cash, free music, or music vouchers.

    How does one define "unsatisfactory" with music? Kind of complicated to measure.

    File sharing is not simply theft.

    Correct. It is not theft, it is copyright infringement, a civil issue. You can't go to jail over it, but you can over theft.

    In an extreme case, the labels might begin to impose costs beyond the actual search and production costs for which listeners are actually interesting in paying just to feed the bottom line. That is exactly what the recording industry did well before file sharing existed. The result? Alienated and disgruntled customers.

    And the industry continues to do so. It hasn't reduced prices since CDs came into existence, which is at least curious, since the cost of pressing those CDs must have dropped through the floor since then.

  4. Errr... ummm... by pr0ntab · · Score: 3, Insightful

    risk sharing isn't supposed to scare you into doing anything. It's supposed to explain why you feel compelled to spend time searching for and downloading music on the Internet.

    You don't trust the record companies or agree with their price structure. So you go around them... betting that your time is worth less than the extra money you're spending for the "service" of the record companies packaging and delivering it to you.

    He's basically saying if the record companies stopped being such tight-asses and gave you the benefit of the doubt, or cut listeners some slack with well-thought-out services, then it wouldn't be an issue (duh).

    --
    Fuck Beta. Fuck Dice
  5. Re:Better still... by ShieldW0lf · · Score: 4, Insightful

    Release all music under a Creative Commons license, sell stuff by public ransom if you become popular, and own all your own music rights. Instead of Marketing owning the musician, the popular musician could hire Marketing on commission when they've already got a hit, and sell rights to commercial interests. Sounds pretty good to me.

    --
    -1 Uncomfortable Truth
  6. not a brand identity by Kilka · · Score: 5, Insightful

    What if, for business reasons, the labels are more interested in their own economies of scale and brand identity than providing listeners with music they value?
    I don't think the music labels are big on making themselves a brand identity. Aside from text in music videos, and small icons on cds, they are not recognizable to most. A brand identity implies that everyone knows the brand, even if they have never used the product. Coke can be classified in this way, since it is one of the most recognizable logos around. -Kilka

    --
    If we don't believe in freedom of expression for people we despise, we don't believe in it at all. -Chomsky
  7. Morality? Please... by jmalm · · Score: 4, Insightful

    The author seems to be implying that people will change their habits, either by choice or by legislation, based upon an obligation to the artist or recording label. With something so abstract, the cited economic principles don't necessarily apply here -- the good can be replicated at almost zero cost, unlike stealing something else such as a lemon from your local grocer for example.

    In the case of stealing from the grocer, morality is somewhat different because the lemon pool you are drawing from is finite and depletes the supply. But copying a bunch of data to your 120G hard drive that is only utilised to 20% has no perceived cost and does not deplete any one else's resource.

    The issue is more complicated than what is stated, and the equalisation schemes suggested do not take away from the fact that downloading a piece of data has almost no variable cost. Do economics work when 0 is in the denominator?

  8. Re:Double Moral Weight by Anonymous Coward · · Score: 5, Insightful

    I'm not trying to slam on you, but you didn't read either of the articles so set yourself up. You don't understand the principal agent problem or what he means by moral hazard. When economists talk about moral hazard, they're speaking of incentives, not about going to hell. And risk sharing in this manifestation is something you're supposed to like--it upsets the labels not consumers.

    The problem is with the way we buy music, but have no ability to return it if it sucks. So the music industry has no incentive to make the product satisfactory, so long as they can find a way to get us to buy it (albeit making the song good is a good way to make us buy it). So music pirates' response to this is a form of risk sharing--We diversify the risk of a song sucking over everyone who downloads it. Because we have pooled our resources and invested less in any one product, we have less unique risk (from bad mp3s). It's not a very good analogy, but it makes some sense.

  9. Contract. by BrookHarty · · Score: 4, Insightful

    From the Article.
    Is there a way out of this mess? Can the record industry offer it's own insurance, so listeners do not have to file share? Can it do so without creating a double moral hazard? Yes - by shifting to a more sophisticated contract.

    I'd rather just get the RIAA out of the distribution side of music, they don't belong on this side of the fence. With the RIAA trying to control the distribution channels, they just strangle new technologies and screw the artists who they supposedly support.

    With Senator Orrin Hatch the riaa whore and Corporate Elected Criminal is just trying his damnest to go after these p2p users, using piracy as an escape goat to mask the problem that only concerns the RIAA. Control of distribution.

    iTunes and Napster2 already show people will buy music online. Just need to get more Indie/Alternative music available, which even cuts more into RIAA funds.

    1. Re:Contract. by stubear · · Score: 3, Insightful

      How is this fucking insightful? Jesus, the mods are morons.

      The RIAA is NOT in the distribution business, they are in the association business, hence Recording Industry Association of America. They represent the rights and needs of their members. Whether or not record labels go to digital distribution of music or not is not up to the RIAA, it is up to each individual member company.

      Simply put, copyright protects five basic rights of the holder. One of those basic rights is distribution. Whether you call file sharing stealing or not, it still violates creators rights by denying them the ability to control distribution. In the case of the RIAA member companies, many creators have signed the distribution rights to their mechanicals over to the record labels. This means the record labels (the RIAA member companies) can distribute and sell the actual physical recordings. In many cases the creator still maintains the publishing rights which means they can sell the right to transcribe sheet music and allow alternate arrangements to be made.

      The point is, file sharing might be sharing and not stealing but it is still distribution of intellectual property and it is illegal without a prior consent of the copyright holder, period. Whether people will or will not purchase music online is irrelevant because it is up to the copyright holder to determine how they will distrute music. If a few small musicians make a killing at this method of distribution, great, but not every artist has to follow their lead.

      Personally I'd rather purchase the CD and rip the music however I choose. I hate MP3s and tend to not like listening to music on my computer anyway. I've taken some CDs to work and ripped them to my computer there but this is within my rights, in the US, under fair use. I'm not happy with compressed audio files and if I must listen to them I want to be able to control how they are made.

  10. Re:Double Moral Weight by mandalayx · · Score: 5, Insightful

    This is bullcrap. If I don't care and feel no moral object to downloading music, why would 'risk-sharing' upset me. I don't even know what risk sharing is!

    The moral impact of downloading music for me is ZERO, in spite of what some MBA monkey tells me. 'Risk sharing' isn't going to scare me into sharing less.


    I understand the author cites Risk Sharing as a primary reason why people aren't buying music. Read the article, and you can see some definite implications of record companies' misjudgements.

    The author claims that the reason why people aren't buying music is that because they don't know whether it is any good. This risk, the risk that the music you just bought for $18 totally sucks, is the risk he talks about.

    When he says that people are mitigating risk via file-sharing (i.e. risk-sharing) he implies that by one person buying the cd (or taking some other cost to self, including risk of legal action) and distributing it to others, then others get to "try" the music without risk.

    Of course, this brings up the fundamental problem which I believe lies within--Are people willing to pay for music? Currently Steve Jobs and others are trying to prove their particular answer.

  11. Re:14.4! by AntiOrganic · · Score: 4, Insightful

    Then we'd have the same situation we had in 1996, with record labels going batshit insane and trying to shut down MIDI sites.

  12. A big fucking factory by t_allardyce · · Score: 5, Insightful

    The business model works like this:

    1. Create catchy sounding music by whatever means necessary, doesn't need to be original or high quality, just needs a hook.

    2. Play it on the radio and tv, push the musicians into the public eye with advertising

    3. Clubs, shops, other tv/radio stations etc will start playing the song because everyone else is, at this point you have successfully made a 'hit'

    4. Sell, rake in profit

    After a set number of years a song will have left most peoples memories so it can be 're-released' using its original familiarity to create an instant hit, you must make sure that the re-release or re-mix has an extra underlaying beat or melody or is faster or louder so that the original pales in comparison and people will buy the new song, alternatively parts of the melody can be broken down and re-used as scrap - you will probably notice scrap melody in anything by Blue or Justin Timberlake and many others - it sounds like something you've heard before but you just cant put your finger on it.

    And remember the all time rule of the entertainment industry: If it worked the first time, do it another 10

    (Big Brother, PopStars, Making the Band, Generic boy/girl bands that all sound the same, teenage girls that all sound the same, Changing [rooms|places|clothes|wives], Im a celebrity [insert something here], The worlds worst x, something island x, Airport/Cruiseliner/Hospital/Cops)

    PS as a brit im really sorry for Popstars, but here we now have Fame Academy 2! its much worse and they dont even have that cool guy that tells everyone they're shit. I think we just finished Big Brother 3

    --
    This comment does not represent the views or opinions of the user.
  13. Free does not always win by santos_douglas · · Score: 4, Insightful
    There are countless cases where individuals choose to pay for an item/service that they could otherwise get for free. Some other posters have hinted at it but not come out and said so quite so explicitly - the determinant is the time/difficulty involved with the free vs the paid, even when there is no question of legality.

    Music, video, and software are all obvious examples. Why buy music one can record from the radio virtually free? Largely because its a hassle and takes time. Why go to the movies or rent a DVD when you can just wait for it to come out on TV? Again, time spent watching commercials and the inconvenience of scheduling are worth more than the few bucks. Why pay the M$ tax when you can just download linux for free? Because it takes time to both do it and acquire some technical knowledge.

  14. Record Labels are Obsolete by TheSpoom · · Score: 3, Insightful

    The article talke about how customers can now simply go out and find their own music on the net, rather than rely on a brand to determine what is good music so they can sign them. Does anyone else think that that basically says it all? Labels are obsolete in their current form. What services do they provide, exactly?

    CD stamping? Cost has become so cheap that it's hardly part of the equation.

    Promotion? I suppose, but at the cost of an artist's livelihood. In effect, the artist is paying for it anyway, so they could just hire an advertising firm and be done with it.

    Talent selection? OK, if this were the case, would we not all be listening to at least a portion of the top 50 most of the time? Why is it then that many artists that aren't signed to a major label become cult phenomenons on the internet?

    Places like Magnatune try to advance the definition of the record label to something more useful, and I sincerely hope they succeed. But to the rest of the labels, my message would be simply evolve or die. Because if you don't evolve, you're simply not going to get my money one way or the other.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  15. They forgot to mention radio by rollingcalf · · Score: 3, Insightful

    The increasing consolidation of control of radio stations is another factor that has contributed to the economic "moral hazard". With behemoths like ClearChannel controlling a large chunk of the radio market, the local DJs who know about what their listeners want have less freedom to decide what to play. As a result, what they play more reflects who the RIAA execs have decided will be their next thing (or yet another album from the last big thing), instead of reflecting what listeners want. So we have the same songs by the same artists being played over and over and over again.

    The current arrangement with the media conglomerates and the airwaves hurts both the public's ability to find out what is good music and the propensity of the producers to find out what the people want. They are more concerned with pushing a predetermined set of artists who they deem shall be successful, than they are with finding out what people like. So people will turn to file-sharing where they can find lots of good music that they would never hear on the radio.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  16. More than consumer/artist involved by randall_burns · · Score: 4, Insightful
    The big issue I had with this article:

    The author assumed that media companies mediate between consumers and artists. Another major factor is that media corporations mediate between both consumers and artists and government. The very existance of copyright laws is a mechanism created by government. Other societies have sometimes used other mechanisms to fund the arts-for example in the old Soviet Union, artists received a stipend from the state. In the 1700's, artists such as Mozart would sometimes find patronage from members of the nobility.


    The copyright laws in the United States today go substantially beyond the mechanisms first mandated by the constitution--the concept of "limited time" for Copyrights is getting streched. I personally don't think the Founding Fathers really meant for Copyright to be such a big part of people's lives. Had they understood how information technology would evolve, I think they'd have wanted a substantial mechanism for funding freely available educational and cultural material--just as much as they wanted infrastructure like roads and bridges.


    Instead, what we have now are major media monopolies that actively work to get greater concessions from government and media companies that are major recipients of corporate welfare.

  17. Bovine manure by melted · · Score: 3, Insightful

    People buy music for 99 cents a track for three primary reasons:
    1. Because it's cool
    2. Because they're afraid of RIAA subpoenas
    3. Because they're too dumb to run a filesharing program

    That's it. Myself, I don't think compressed music is worth 90% of the price of uncompressed music, especially considering the fact I don't get the original artwork. I've bought a couple of tracks on iTunes, though - the ones I couldn't find on CDs. For everything else I use Half.com.

    1. Re:Bovine manure by Raffaello · · Score: 4, Insightful

      4. Because they're honest.

      Hard to believe, but there are a whole bunch of honest people still out there. If there weren't, who would all the dirtbags rip off?

  18. Re:Legality by Zork+the+Almighty · · Score: 3, Insightful

    The industry's position is that you bought the media along with a license to view the content which is tied to that media. A strict interpretation of "fair-use" is that you have a right to make personal copies things on your own media, and you are allowed to publish portions or derivatives of works as part of a criticism, satire, etc.

    --

    In Soviet America the banks rob you!