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New Zealand Shows Music Piracy Boosts Sales

vik writes "According to This NZ news article it appears local music is being boosted by piracy. Strangely, their Associate Minister of Arts, Culture and Heritage, Judith Tizard, supports this when she warns that "... while sales of local music are high, so are illegal copies of New Zealand albums." Unfortunately as always, government bodies don't seem to be able to make the connection even when it stares them in the face."

320 comments

  1. Let's remember that... by mOoZik · · Score: 4, Insightful

    Correlation is not causation.

    1. Re:Let's remember that... by Anonymous Coward · · Score: 2, Funny

      Not always. Take, for example, the correlation of unshowered, pasty-white Slashbots and "not getting the sex." Yeah.

    2. Re:Let's remember that... by Terov · · Score: 1

      Mod parent up.

      The article says nothing about music piracy boosting sales. The evidence "staring them in the face" is simply nonexistent. Furthermore, it's talking about music sold on an international scale. An increase in New Zealand's piracy has little or nothing to do with the successes of the bands overall.

      --


      ---
      All your old jokes are belong to sigs.
    3. Re:Let's remember that... by splaytree · · Score: 5, Funny

      So which way does the causality go? Being smelly, white and pasty causing the "not getting the sex"? Or not getting sex can lead to smelly, white and pastiness?

    4. Re:Let's remember that... by ottffssent · · Score: 5, Insightful

      True, but irrelevant. Consider:

      If the availability of free music causes people to buy music, the studios shouldn't try to stop it because it's helping them.

      If buying lots of music causes downloading lots of music, the studios shouldn't try to stop it because they'd be attacking their best customers.

      If there's no causation either way, then the studios are wasting money trying to stop it since it has no bearing on their bottom line.

      Any way you slice it, this suing of children and grandmothers is pointless, a PR disaster, and ultimately suicidal. Whether the campaign works, fails, or has no effect, the studios LOSE.

    5. Re:Let's remember that... by Anonymous Coward · · Score: 0

      being an ass is synonymous with slashdot posts

    6. Re:Let's remember that... by Anonymous Coward · · Score: 0

      How about the availability of free music dissuades people from buying music? You didn't cover that one.

    7. Re:Let's remember that... by ottffssent · · Score: 4, Informative

      That hardly seems to be the case though, does it?

      Janis Ian's got a nice article posted here ( http://www.janisian.com/article-internet_debacle.h tml ) where she very eloquently tells 'em to go shove it.

      In particular, she points to the one clear experiment being conducted in this area: the Baen Free Library. If increased availability of illegal and free entertainment guts the industry, then surely increased availability of LEGAL, FREE, and PRODUCER-SANCTIONED entertainment would be its death-knell, no? Yet what happens every single time an author puts their work up on the Library? Sales jump.

      So go to the Library ( http://www.baen.com/library/ ), find a good author, and buy a book. Support an author today.

      Get a copy of BNL's Everything to Everyone, and go to a concert. Support a band today.

      And please stop forcing me to compare the music industry to the printing industry. It's really not a good analogy.

    8. Re:Let's remember that... by Desult · · Score: 3, Insightful

      Insightful? What the hell are you on about?

      If the availability of free music causes people to buy music, the studios shouldn't try to stop it because it's helping them. The opposite of that is "If the availability of free music causes people NOT to buy music," not "If buying lots of music causes downloading lots of music." If free music causes people NOT to buy music, the industry should do everything it can to stop free music. If buying lots of music causes downloading lots of music, they shouldn't try to stop it, because they're attacking their best customers. On the other hand, if buying lots of music cases no downloading, the only people who they're attacking are the ones who aren't making them any money!

      I can't argue either point, because, like nearly every other person blathering on about this, I haven't studied the market trends based on real, objective data, nor do I have any good way to get honest data on who downloads what versus who buys what. If the studios have any indication that filesharing is going to hurt their bottom line, they're going to go after it. The simplest interpretation of the facts seems to be that getting a copy free will beat out getting a copy for 15+USD. However, as the article hints at, and as is my personal experience, the reality is far removed from this simple interpretation, and again, in my experience, filesharing promotes music patronage.

      This being said, filesharing without the permission of the copyright holder is wrong, just like abusing GPLed code is wrong. I fully believe in fair use, but I do not think that "giving away as many copies as you please" is fair as "broadcasting in an educational context", "making an archival copy just in case", or "time-shifting" is fair use. If you don't agree with the legal restrictions, go to Congress, don't buy the stuff, or whatever, but don't pretend like the industry shouldn't try to protect itself or that what you're doing is fair. It's wrong ethically, moreso than the disgusting practices of the RIAA in recent months (not that I approve of that either).

      -Greg

      --
      -Greg
    9. Re:Let's remember that... by silentbozo · · Score: 3, Informative

      An interesting side effect of the Baen Free Library - it has indirectly contributed to my buying a Sony Clie and a 256 mb compactflash card, just so I can store my books to read on the go when traveling. What happened? I downloaded one book by David Weber to start off (Mutineer's Moon) after reading about the free library on Slashdot. One thing led to another, and I became the owner of War of Honor, and later Hell's Faire, both of which have CD's containing a bunch of eBooks, completely free.

      In addition to the random selection from the free library, I can now take advantage of Project Gutenberg titles, and I've been seriously considering signing up for Webscriptions just so I can get first crack at some of the new titles coming out.

      So, more digital media for free not only helps to boost sales of physical copies (I also bought dead-tree versions of Sluggy Freelance as well - I got hooked on Sluggy after reading obscure references in John Ringo's "When the Devil Dances" and visiting the Sluggy website trying to figure out who "Torg", "Zoe", "Riff", and "Bun-Bun" were.)

      So, just from trying out one free eBook, I went ahead and have bought:

      (2) Hardcover books from Baen, new

      (7) Softcover Sluggy Freelance books from Plan Nine Publishing

      (1) Clie NX60 [320x480 screen, a bit small, but very legible]

      And a 256mb compactflash card [overkill, until you start putting MP3s on it]

      That's several hundred dollars of spending on my part, and it cost Baen about 15mb worth of bandwidth for all the books that I've downloaded from the free library. For me, it's a great deal - lots of books for very little money. For Baen and their authors, it's a great deal - they get new customers (I never would have tried David Weber otherwise - now he's one of my favorite authors), and lots of good press (ie, Slashdot and word of mouth.) Incidentally, this happens with titles I check out from the library (I like a book or author, and end up buying books to add to my personal library), so there's preceedent for the sharing of "free" media.

    10. Re:Let's remember that... by Ataraxy+Oyez · · Score: 1

      You keep using that word. I do not think it means what you think it means. A "correlation" indicates a reciprocal relationship.

    11. Re:Let's remember that... by Anonymous Coward · · Score: 1, Interesting

      Well, the problem is that neither direction has actually proven. There is, in fact, correlation (though not definitive proof of causation) between wide scale piracy and increased sales, though. I agree that companies will go after pirates because they believe that it means lost profit, but the shear volume of piracy that has been detected (something on the order of 20,000+ songs, of which maybe 1/10th are of a single year) would seem to indicate that companies believe that such companies believe most people have $1,500-$2,000 to spend just on songs (that's figuring 20 songs per CD and $15-20 per CD).

      I don't think that's anywhere near the real value people are willing or even able to pay, so basing one's calculations on that is totally insane. Beyond that, if piracy were really stealing then the record labels would have to be reporting massive losses (30 million file shares * 20 label owned songs / 20 songs/CD * $15/CD == $450 million). The same issue shows up with the BSA and their rather insane piracy figures.

      In any case, the fact is that the true loss to companies end up being nothing. They aren't losing anything, and they're not gaining anything. But, most countries operate under the idea of copyright with a created fictional worth (something like $150,000 for willful infringement). Now, inately I don't think this is a bad idea. In this, I think it's not a bad idea to overly punish people who violate some law.

      The problem is, I don't see the current law as being allowable under the US constitution (it might be okay in NZ..I don't know their constitution well enough). I don't think, also, that the law is good or ethical. And that brings up me questioning how ethics is related to this.

      It isn't ethical to let a musician starve or be left out in the cold. But, that's a very abstract point which shouldn't be taken to mean that every single company with employees should be propped up indefinitely. People that see the musician out on the street corner starving should be stepping up to help. That's it, really. There's nothing ethical about intellectual property itself. It's just a fabrication that attempts to promote arts and sciences. Not promoting the arts and sciences isn't unethical.

      I do agree, very strongly, with your point about changing the law, though. I would love it if the copyright law in the US was written more sanely. I also don't believe strongly that any politician currently has any desire to fix copyright to be remotely sane.

      My personal opinion is that copyright should hold for any work for a period of at most 20 years told (about a "generation"). The copyright owner would only have three rights: the right to sell copies, the right to sell performances/broadcasting, and the right to license broader access to an already owned work. The law would spell out clearly that a copyright owner has no right to control through legal or other means the use of a product or its resale. Finally, the law would make it clear that a copied work falls under common property law allowing for all members of a family to have simutaneous usage rights of a work. A company composed solely of family members would still have to buy multiple copies of a work because employees aren't family.

      In essence, I believe that the US should adopt more personal usage laws with stricter enforcement of protecting the rights of people who buy a copyrighted work to do whatever they want with a work as part of usage.

    12. Re:Let's remember that... by Teflik · · Score: 3, Insightful

      Correlation just means that two things occur together in frequency-space (I'm talking mathematics and statistics here). They might not be "related" as such -- they might both be caused by some deeper, uh, cause.

      For example: Working out makes me look better, and it takes time out of my day. So taking time out of my day and looking better have some correlation. But niether of those two effects are really "related" in the more common sense. I can take time out of my day without looking better, and there are ways to look better that don't take (as much) time out of my day.

      If a band becomes popular, it seems perfectly reasonable that: A--Their sales will be up and, B--Their illegal copying will be up. Thus, both effects are correlated; however, neither causes the other.

      In reference to the article, though, there's not really enough evidence (or controlled studies for that matter) to have much confidence in any correlation anyway. (And for that matter, there's so much bias in the original article, and then bias in Slashdot's reporting of the article that it makes me want to not bother thinking about it without any of the original data anyway...)

    13. Re:Let's remember that... by Moofie · · Score: 1

      Quick, somebody tell the record companies. I know they'll understand right away.

      This is called a COUNTEREXAMPLE. The RIAA argues that piracy causes sales to drop. This article contradicts that posit.

      Way to get modded to 5 on a really banal sound bite.

      --
      Why yes, I AM a rocket scientist!
    14. Re:Let's remember that... by Anonymous Coward · · Score: 1, Interesting

      Correlation is not causation.

      Gee, that's what we keep trying to tell all you RIAA "downloading causes poor sales" types.

      Odd how *before* the economy crashed increased P2P swapping correlated with *increased* music sales. When the economy crashed, CD prices climbed, and the number of releases dropped, then music sales dropped. Though they still didn't get hit as badly as most other businesses. Maybe that's because of continued file-swapping!

      Screw the **IA's and SCO --- three peas in a pod.

      Happy Sunday,
      Mal the Elder ...he toddles off to shower and sleep...

    15. Re:Let's remember that... by Flaming+Death · · Score: 0

      Correlation:
      correlation ( P ) Pronunciation Key (kor-lshn, kr-)
      n.

      1. A causal, complementary, parallel, or reciprocal relationship, especially a structural, functional, or qualitative correspondence between two comparable entities: a correlation between drug abuse and crime.
      2. Statistics. The simultaneous change in value of two numerically valued random variables: the positive correlation between cigarette smoking and the incidence of lung cancer; the negative correlation between age and normal vision.
      3. An act of correlating or the condition of being correlated.

      Causation:
      causation ( P ) Pronunciation Key (ko-zshn)
      n.

      1. The act or process of causing.
      2. A cause.
      3. Causality.

      Causality:
      causality ( P ) Pronunciation Key (ko-zl-t)
      n. pl. causalities

      1. The principle of or relationship between cause and effect.
      2. A causal agency, force, or quality.

      Comment:
      A correlation cannot be made without some causality - regardless. Without some cause and effect a correlation would be impossible to make. So in essence your argument is false.

    16. Re:Let's remember that... by twivel · · Score: 1

      Also note that the laws, courts or governments don't care about the fact that music sharing helps the companies who are trying to stop it.

      They merely care about what the laws say. Ultimately, the copyright owners have the rights to distribute the content. If the RIAA says: "We own that, we don't want it shared." then the courts must uphold the owners rights under the law.

      It is up to the RIAA to get smart and consider this the "radio station of the future". Only they can stop the lawsuits.

    17. Re:Let's remember that... by l3prador · · Score: 1

      His point was that it doesn't whether or not piracy caused music sales because there is a positive correlation between the two and listed the possible explanations for correlation between the two events. "If free music causes people NOT to buy music," sales wouldn't increase with higher piracy.

    18. Re:Let's remember that... by t0ny · · Score: 1
      Parent is 100% correct. What is boosting sales is allowing people to listen to various forms of music. Heck, hearing a song on the radio does the same thing.

      ACCESS to that music is boosting sales, not piracy of said music. So this is another study of why the RIAA (and its sister organizations) need to push the industry up off its ass to make a legitimate means of digital music access, rather than sticking their head in the sand and hoping the mean computers will just go away.

      --

      Manipulate the moderator system! Mod someone as "overrated" today.

    19. Re:Let's remember that... by Lars+T. · · Score: 1
      In this case it probably is - just that the direction of the cause is most likely not what vik and the other pro-pirates want it to be. Sure, "Local Music is popular in New Zealand because it gets pirated so much" makes so much more sense than "Local Music gets pirated so much in New Zealand because it is popular" -NOT.

      A sane person would have just pointed out that illegal copying does not prevent huge sales. But no, vik had to claim something bozonic like what he did - the question is: What's his agenda.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    20. Re:Let's remember that... by davecb · · Score: 1
      Also true of O'Reilly's "Using Samba", which I expected to make a loss on, but which just jumped off the shelves despite being available on-line and included in every copy of Samba that was downloaded.

      --dave (rich and famous, that year) c-b

      --
      davecb@spamcop.net
    21. Re:Let's remember that... by Trepalium · · Score: 1

      Problem is, they can't control this "radio station of the future". It self-selects which files are most popular. Contrast this to record stores, and radio, who both promote whatever music the music industry pays them to. The RIAA and others make a big deal about payola, while at the same time enjoying the control it gives them over the radio stations. Basically, they want all the control, but none of the financial costs.

      --
      I used up all my sick days, so I'm calling in dead.
    22. Re:Let's remember that... by Ripping+Silk · · Score: 1

      Where is the information that backs the headline that suggests piracy boosts sales in NZ ? Nowhere, not in that article at least !! I download music off the internet, and I often go and buy the music I like, the legitimate way. If your wanting to get some Salmonella Dub, Concord Dawn, Scribe, Goldenhorse, the Feelers, 8 Foot Sativa (check them all out!!), you won't find them on Kazza or other popular international p2p sites because the vast majority (not many, if any :) ) of 'kazza' type users (US, Euro d/l'ers) haven't heard NZ music, so the material is just not available on these sharing networks. If NZ music was internationally popular this may change considerably. Having said that, NZ is producing some of the best tunes I've heard out of here for years... and its only the rest of the world is missing out.. !

      --
      this is not a flawless plan.. this is inspiration
  2. Ridiculous by happystink · · Score: 4, Insightful

    How does this stuff get put on the main page? This is a 4 paragraphs or so article just saying that local music is popular, and mentions that piracy of the music is up too. How is this in any way proof or causal? Dear submitter, here is what is staring you in the face with this tiny, tiny article: Piracy happens more for bands that people like than bands they don't like. If a band becomes more popular, piracy will increase. To attribute some weird "the popularity must be because of the piracy, duh!" idea to this is ludicrous, and crazy illogical. God I hate myself for reading slashdot, especially on a saturday night.

    --

    sig:
    See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    1. Re:Ridiculous by Duckman5 · · Score: 4, Insightful

      Even better is that the person whose whose words are being used to "prove" this causational relationship doesn't seem to think there is a think that it exists. Instead, she seems to be saying that even though sales are up, "piracy" is still a problem. Not the following quote:

      But Tizard warns that while sales of local music are high, so are illegal copies of New Zealand albums.

      She says piracy and copying of CDs and cassettes is estimated to cost the music industry $40 million a year.


      I guess it is just a bit of wishful thinking and selective reading on the submitters part.

    2. Re:Ridiculous by general_re · · Score: 1, Insightful
      And here I was, thinking I would get a real study - perhaps a little economics, maybe some demographics, possibly a well-constructed survey or two. Something, anything that justifies the headline on this thing. Instead, I discovered that you could have just as easily slapped this headline on top of the goatse.cx guy and come up with something almost as meaningful, content-wise.

      Way to go, Slapdash. Two thumbs down.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    3. Re:Ridiculous by happystink · · Score: 1

      Not sure how you got modded as a troll, weird. And the wild thing that just drives me nuts about it is that the submitter is like "haha stupid idiots can't see the pattern in front of their eyes", when there is obviously NO provable causal relationship, and it's the submitter who is projecting a pattern onto where there simply isn't one.

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    4. Re:Ridiculous by Uart · · Score: 1

      "post hoc, ergo propter hoc" - or something of that nature.

      It MEANS that just because something happened after something else, the prior act did not cause the latter one.

      A better explanation found here.

      --

      Opinionated Law Student Strikes Again!
    5. Re:Ridiculous by mnemonic_ · · Score: 1

      I guess it is just a bit of wishful thinking and selective reading on the submitters part

      If the submitter's hypothesis was accurate, I wonder what his main point would be. Music theft increases sales? Kind of like how logging builds up forests? All right, not a great analogy since software theft (in this case), involves no material loss, unlike logging.

      Or would stealing music then be justified? By downloading mp3s instead of purchasing the CD's, I'm somehow increasing the album's sales. If all of us download illegal mp3s, then by progression, the CD's sales should increase infinitely!

    6. Re:Ridiculous by Anonymous Coward · · Score: 0

      Fwapdash. News for the Ignorant. Nothing that matters.

  3. Middle-Earth Makes Music... by MilitaryIntel · · Score: 4, Funny

    I didn't know that Middle-Earth was at the top of the music scene, good for them.

    1. Re:Middle-Earth Makes Music... by adminkaycee · · Score: 1

      We have always been trying to break into the world wide music industry. Just no one knows how good NZ music is.

    2. Re:Middle-Earth Makes Music... by Anonymous Coward · · Score: 0

      You can download other music from Middle-Earth at http://www.lordsoftherhymes.com

  4. Sales by jeepee · · Score: 5, Insightful

    I think it boost sales of less known album but reduce sales of more commercialy pushed album..... Free access to music give the power of choice.... thats why any big commercial distribors, RIAA etc are against it.

    1. Re:Sales by LoadWB · · Score: 4, Insightful

      I've been interested in an album for a while, so I went to the record store to listen to the samples they have (scan the UPC, listen to the sample.) But they only have the same popular single from the album that gets overplayed on the radio.

      That was my attempt to take the high moral road. Not feeling able to justify $16.99 that I can't get back if the rest of the album sucks, I tried to download a few other tracks to see if it was worth it. Of course the files I got were bogus, having either been purposefully damaged with garbage data at specific parts (same time in each file,) or about 20 seconds of the popular single repeated for the duration of the file.

      So fuck 'em. No sample for me, no money from me. I'll just listen to the one song on the radio until we all get sick of it, and wait until I run into the album in a pawn shop for $5.

  5. well... by Anonymous Coward · · Score: 3, Insightful

    Do those bands promote bootlegging from their concerts? they generally drives up their raving fan base and promotoes sales of cd's and and concert attendance. Sure correlation, but there is some methoed of caustation here

    1. Re:well... by 1000101 · · Score: 1

      You mean like Pearl Jam's bootlegs?

    2. Re:well... by DAldredge · · Score: 1

      No. The poster was talking about music, not the output of /dev/urandom piped thru 1000GW Speakers.

    3. Re:well... by Anonymous Coward · · Score: 0

      You're a sad, lonely, unwashed, greasy-haired ugly little nerd, aren't you?

  6. Umm... by Anonymous Coward · · Score: 0, Redundant
    According to This NZ news article it appears local music is being boosted by piracy...

    Are you should this is the right link? All I see is a seven sentence "article" that doesn't say any such thing.

  7. Even if it is true by gangien · · Score: 1

    that piracy causes increased sales, that should not make it illegal. It should just be up to the music industry to not do anything about it, or perhaps even encourage it slightly.

    1. Re:Even if it is true by splaytree · · Score: 1

      I would really like to know what your definition of legality is. As much I think the RIAA deserves to suck 3 day old mold encrusted pus from the bottom of Darl McBride's feet, music piracy is illegal. No ifs, ands or buts.

    2. Re:Even if it is true by gangien · · Score: 1

      doh I ment illegal, my bad. I, aggree it should be illega, and what i ment to say is taht it should be up to the music organization to pursue these criminals(and yes I am one and I do consider what I do illegal, but I don't consider it very wrong either.)

  8. SOMEONE MOD THIS UP IMMEDIATELY by Anonymous Coward · · Score: 0

    it's so funny, etc. REALLY

  9. i pledged not to, but... by Anonymous Coward · · Score: 5, Insightful

    ...you know with RIAA and cousins constantly using my own government to screw me, i had pledged not to buy anymore cds...it's been months.

    usually i just listen to the radio or existing collection.

    but a friend loaned me a cd with a couple hundred mp3s on it, and two of them were by "no doubt", god i just love gwen's voice, and they just released some interesting stuff...

    well i had to do it, buy some of their older cd's (and some of their newer stuff, too) as well as some dvd's i've been wanting.

    so i was doing pretty well until this dude loaned me mp3s, then, bam! $250 spent on media just like that.

    i hate the corporate bastards taking away my rights, but music has always been a calming, enjoyable thing for me--makes it pretty fucked when you have to choose between loving great music and hating corporate scum and knowing you can't support the former without supporting the latter.

    1. Re:i pledged not to, but... by Badassmofo · · Score: 1

      Wait! You can still buy music *and* screw the recording industry (according to their definition, anyway). Just visit your local used CD store. Typically a nice selection and great prices (~50% of retail), especially if you're looking for older stuff as you said you were.

    2. Re:i pledged not to, but... by jsebrech · · Score: 1

      Buy your stuff on cdbaby. There is a LOT of good music there, and it's all indie.

      OK, so you won't find "no doubt" there. But you will find artists that sound like no doubt.

    3. Re:i pledged not to, but... by MrResistor · · Score: 1

      Buy your CDs used and go to the concert. Concerts are how musicians actually make money, and in most cases the record company gets nothing (beyond perhaps the band paying back their advance). Obviously, the record company gets nothing from your purchase of the used CD.

      Problem solved.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  10. Damn it Slashdot is so Australiasian-centric now.. by Anonymous Coward · · Score: 5, Funny

    You'd almost think that you care about us in the Southern Hemisphere ;)

  11. Thats what i call Misleading by ATAMAH · · Score: 4, Insightful

    Nothing in the article says or implies towards the fact that "Piracy boosts sales". What boosts sales is the fact that there are plenty of new zealand artists in top lists, and new zealanders love to support their fellowcountrymen.

  12. New Zealand - ENYA connection by nil5 · · Score: 2, Funny

    What the DON'T tell you is that New Zealand has a vested interest in ENYA, yes the artist of such noteworthy titles as "Sail Away" and other new age hits. It turns out that the only way people will buy Enya is because they accidentally downloaded it--thinking it was Kenyan music--and want to do everyone a favor by taking it off the market through purchasing all remaining copies and tossing them into the incenerator ASAP. Where do you think Enya is from? New Zealand, where else? A coincidence? I think NOT!

    1. Re:New Zealand - ENYA connection by Anonymous Coward · · Score: 1, Informative
    2. Re:New Zealand - ENYA connection by Anonymous Coward · · Score: 1, Informative

      As already noted Ms. Brennan (Enya to you) is irish. Also it's 'Orinoco Flow' not 'Sail Away' thankyouverymuch.

    3. Re:New Zealand - ENYA connection by yosemite · · Score: 2, Funny

      Kenyan music rocks.

  13. Piracy doesn't increase music sales, people do by POds · · Score: 0, Troll

    Theres no proof that piracy contributes to higher sales. Infact the reason behind higher sales is because of all these stupid teeny music shows on like $Country Idol, and Popstars and all the other "young talent time"/"micky mouse club" wannabees.

    I find the above comment about the governments not knowing something when it is in their face stupid. Just another typical geek lashing out at the government or some other ruling power (microsoft) for no good reason.

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    1. Re:Piracy doesn't increase music sales, people do by Coryoth · · Score: 1

      Theres no proof that piracy contributes to higher sales. Infact the reason behind higher sales is because of all these stupid teeny music shows on like $Country Idol, and Popstars and all the other "young talent time"/"micky mouse club" wannabees.

      Interestingly the original version of "Popstars" was in New Zealand. I can't even recall what the band was called. They have long since passed into obscurity - though several of the members managed to work their way into spots as VJs on local TV shows. Certainly such shows didn't have anything much to do with the rise in local content in NZ. Rather there has been a push on local content via local radio (government mandated quotas), such things as "New Zealand Music Month", and show like the (now defunct) M2 which heavily promoted local music. It is all about the exposure - it's a question of how you choose to give it. Simply playing whatever the latest local release is (as M2 used to do) is not a bad way (though, of course, not feasible for a large country!).

      The real question is how to get past money marketing. I tend to dig for content, but no everyone is willing to go to that effort. In New Zealand the government has basically tried to rally some patriotism toward promoting NZ music. That doesn't scale though. Music downloads are a good way, but that potentially cuts into CD sales. Selling the music cheaply online as in iTMS may well be the answer - but that just shifts the marketing burden, and the money still has the control. I'm open to suggestions...

      Jedidiah

    2. Re:Piracy doesn't increase music sales, people do by strike2867 · · Score: 1

      How is microsoft a ruling power? Microsoft stole ideas from other companies to make money. Name one original thing that came out of microsoft. Even the original graphics for Win 95 were done on Macs(learned from a former employee who actually drew all the stuff). Microsoft has so much influence only because they have a good business model: make people need you until they cant go anywhere else. Their products are sucky. Most other operating systems are much more stable. And also faster, except when microsoft forces hardware companies to make windows specific hardware. Or when hardware companies dont provide specifications to anyone except microsoft. cant really beat that level of a monopoly.

      An interesting topic would be whether someone could associate windows(or any other software) piracy with sales. If this could be confirmed, your ideas that it was a specific marketing ploy that rose these sales would be out the window.

      --

      Vote for new mod!!! Score:-2,Imbecile
    3. Re:Piracy doesn't increase music sales, people do by adminkaycee · · Score: 0, Troll

      Microsoft and Apple were just in a race to steal the GUI from Xerox and microsoft developed many of the programs for macs. Of course they would use their own graphics software to design the graphics for win95.

    4. Re:Piracy doesn't increase music sales, people do by strike2867 · · Score: 1

      Well Apple did steal it first, they were quite ahead the hole time. And how do you know they used their own graphics software. As far as I know they dont have any graphics software at all(no, paint is not graphics software). Please dont talk out of your ass, have some real facts.

      --

      Vote for new mod!!! Score:-2,Imbecile
    5. Re:Piracy doesn't increase music sales, people do by ChocolateCheeseCake · · Score: 1

      The name was called "True Bliss", then a group of blokes created "True Piss" which did a hard rock version of all True Bliss's songs. The Australian version was called Bordeaux and so the rubbish continued to spread.

      --

      Erotic uses a feather; Pornography uses the whole chicken

    6. Re:Piracy doesn't increase music sales, people do by Anonymous Coward · · Score: 0

      It was Bardot... although if they had been French at least us NZers wouldn't have to suffer another pop band "reality" show.

  14. Buried alive... by Anonymous Coward · · Score: 0, Funny

    KHAAAAAN!

  15. New Zealand Music, and NZ copyright law by Coryoth · · Score: 5, Interesting

    I think the boost in local NZ music by copying is not that surprising. There is a lot of very good New Zealand music, but a lot of it stays relatively unknown, even to the local market, as we tend to get swamped by the more affluent overseas marketing. A little exposure can take you a long way.

    As to New Zealand copyright laws - that's an interesting one, as they are currently under review. I haven't checked recently (but made plenty of submissions while they were taking them) but I believe that while they aren't doing a DMCA (because enough people spoke up) they aren't doing the right thing either.

    This article by the IT editor of one of the major NZ newspapers goes so far as to suggest that they ought to be trying to enshrine Copyleft and Creative Commons in the copyright laws, so there is a movement towards this at a reasonably public level - how much sway that actually has over politicians is hard to say.

    All the New Zealanders reading this: Write in to your local MP and ask them for their stance on Copyright law, and explain the benefits of having Copyleft and Creative Commons as a firmly enshrined concept under law. The more they think people are paying attention, the better the chance thet something good will come in the copyright review.

    Jedidiah.

    1. Re:New Zealand Music, and NZ copyright law by Anonymous Coward · · Score: 0

      how much sway that actually has over politicians is hard to say.

      Typically, politicians in NZ care very little about what the public thinks, if they personally think it's in our best interests. There have been several examples of this over the past year or so, where public opinion polls showed 90% against policy changes but the politicians bought the new bills in anyway. It's not really democracy, it's a 3 year term of autonomy where if we don't like the results we vote in someone else. Unfortunately, few parties have the will to reverse unpopular decisions.

    2. Re:New Zealand Music, and NZ copyright law by Coryoth · · Score: 1

      Typically, politicians in NZ care very little about what the public thinks, if they personally think it's in our best interests. There have been several examples of this over the past year or so, where public opinion polls showed 90% against policy changes but the politicians bought the new bills in anyway. It's not really democracy, it's a 3 year term of autonomy where if we don't like the results we vote in someone else. Unfortunately, few parties have the will to reverse unpopular decisions.

      Very true - although the harsher penalties referendum was very badly worded, and remarkably ambiguous. What you have to hold on to is that, as bad as it may be, it is way better than, for instance, the US political system. In New Zealand right now you guys have some real choice. Everything from ACT with their "20% flat rate Tax Rate", through to whatever Jim Anderton's latest party is called with their hardcore socialism, and everything in between: Luddites, Populists, the religious right, National, and Labour.

      What matters is that it is still possible to effect real change in New Zealand politics because the country is still small enough. Look how effective the Greens and the anti-GM lobby has been: Regardless of whether you like their stand or not (I don't personally) they have had some influence. If enough people make digital copyright an issue, and manage to get at least one of the parties to champion it (though I'm at a loss as to which party that might be!) it will have some influence over final policy.

      Jedidiah.

  16. Governmental support would be bad. by ZeeCog · · Score: 3, Insightful

    I think that there is a delicate balance in place that makes music piracy actually help the industry, and people should realize that a possibly integral part of this balance might in fact rely on music piracy continuing to be illegal.

    --

    -Zeecog

  17. That doesn't matter to Slashdot by Overly+Critical+Guy · · Score: 1, Insightful

    That doesn't matter to Slashdot when they can find some random thing (wow, some article in New Zealand) that supports piracy and latch onto it.

    I'm sorry, but music piracy will always be wrong. There is no justification for it, because in the end, you are always damaging the artist in some way. It's become an anti-corporate culture movement by Slashdot, but that's really just a moral justification imposed to get rid of any pangs of guilt anyone might feel when they fire up Kazaa.

    --
    "Sufferin' succotash."
    1. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 5, Insightful

      Always damaging the artist? So, downloading a song from 1942 which I can't buy in any store, or hear on the radio, is damaging the artist that died 20 years ago?

    2. Re:That doesn't matter to Slashdot by Overly+Critical+Guy · · Score: 1, Insightful

      Wow! You're right! That's all that Kazaa and eMule are used for.

      You sure set me straight.

      --
      "Sufferin' succotash."
    3. Re:That doesn't matter to Slashdot by Dorothy+86 · · Score: 5, Insightful
      I'm sorry, but music piracy will always be wrong.

      Let's look at the flip side of that. The music industry is, as is almost any other business, out for profit. The money made by such groups is only given to the artist at a factional amount. The "rich and famous" are a small portion of the artist whom we are "damaging." The price of a blank CD is c. .10(us) at the most; the burning, labels, cases, leaflets, et al, is probably around 4 dollars a CD produced. These are then sold to Record stores at around 10-15 dollars (US) Then, the record stores sell them to us (the consumer)at 29-21 dollars (US). The royalty charges go to the record company (i.e. Sony, Columbia, etc) not to the artist. The artist is paid by the record company in proportion to how many CD's are sold, how many concert tickets sold etc. This amount is Negligible when talking about the total amount of profit made. The real thievery is put to the consumer with massive profit margins, from such a relatively cheap commodity. Why not download half, or more, of the music you listen to? The ends, music (for the consumer) and a "loss" for the record company. The whole thing balances out. The ends, justify the means in this case. The consumer is happy, the record companies are still making money, and the world did not end.

      That's my 2 cents anyways.

    4. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 5, Insightful

      Hey, I pirate music, but I agree, it's wrong. (Yes, I'm proud to be a hypocrite underneath my anonymous sheath)

      I also buy a lot of music. I also work in the music industry.

      Do I feel compelled to feel bad because I might download a song that's on an album I can't find in my local stores? No. What about the song that's on an album with 14 other songs, which I can't stand? No.

      Do I think slashdot has the right to promote piracy? Yeah, sure, it's called freedom of speech. Do I think it's morally sound? Not really. Do I think that slashdot has some example or integrity to uphold? Not in the last 6 years, no.

      Get off the soapbox and download iTunes so you can pay and get in on what everyone else is doing already for free. Micro-payments for music is the best thing since sliced bread, and I'm happy to be a customer.

      Now, when it works on my FreeBSD box, I won't just download the files, pull them through a stream ripper and encode them mp3 to share with family and friends, but that's another story entirely.

      HAND,

      Your friendly politically-incorrect anonymous coward.

    5. Re:That doesn't matter to Slashdot by servoled · · Score: 1, Insightful

      A) You are leaving out the cost of production, marketing and shipping, all of which must be paid for by the sales of the CDs. Not to mention labor costs for all the various support staff that make the whole thing run. CDs don't just magically appear at the cost of materials alone.

      B) $19-21?? (assuming typo in parent post) I don't think ive paid more than $12.99 (with most closer to the $10-11 range) for a CD ever. I suppose if you have to have your new Nelly CD along with a CD for every other song on the top 10, you might be paying that on average, but there is fairly small percentage of music which averages in the $19-21 per CD range.

      C) How does any of this justify stealing? Why not steal half of the gas you use, half of the groceries you eat, half of [insert item here]??

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    6. Re:That doesn't matter to Slashdot by Khaed · · Score: 5, Insightful

      What if I download a few songs to hear a new artist, not on the radio or television, then buy their album? I may be one of the few, but I *do* tend to buy albums if the music is decent, and I can't listen to radio, because the same songs are played to death here. Technically, even if I buy a CD later, it's still "music piracy."
      And let's be honest, 90% of the time /. users fire up their P2P, they're downloading porn, and we all know it! ...Wait, it's not just me, right?

    7. Re:That doesn't matter to Slashdot by enigma48 · · Score: 3, Insightful

      What the heck, time to burn some karma.

      The crux of this argument I think is 'since the labels make most of the money, and the artist doesn't, we aren't hurting (many) artists (much).'

      As much as we demonize the labels, we agree that not a single person in the entire process does anything of value? No one found the band, hooked them up with some lyrics (yes, a minority of bands do all their own work), promoted them, bribed radios to play the songs, etc, etc, etc?

      Yes, the labels are 'evil'. Yes, we don't really 'need' them, but artists seem to think there is no other way to succeed. Yes, the companies likely profit (I haven't seen a financial statement though).

      But assuming you know enough about the entire process, the costs, the options the artists have (I can't think of any well-known bands, or even bands I hear on the radio, stating they're proudly label-free) and having the arrogance to skip to a conclusion amounting to "they steal from the artists so it's ok to download music for free" is a little hasty.

      "Cheap commodity" does not begin to address the true costs of producing music.

      Not for a second do I think labels are a good solution to the whole problem of publishing music but demonizing every single label, stating they add zero value to the process and we should only pay the direct costs is childish and simplistic.

      Also, exaggerating costs to prove a point doesn't do much for your argument. $19-21USD for a CD? In Canada, several chains offer the newest and most popular CDS - the guaranteed money makers - as low as $9.99CAD ($7.69USD). Going to the most expensive stores, I have seen $20-25CAD prices, but using $19-21USD as an average price is grossly exaggerating.

      If you don't like the prices, don't pay them. Don't buy the music. But don't confuse your unwillingness to pay (what you consider) a high price as your right to download music illegally.

    8. Re:That doesn't matter to Slashdot by Daengbo · · Score: 1

      Paraphrase
      The internet is a medium which allows average citizens to exchange porn and gossip anonymously ... The internet has given every American a voicee, and they have chosen to use that voice to talk about movies.

      Jay and Silent Bob Strike Back. A truly classic movie!

    9. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      Insightful? Sarcastic. >:-D

    10. Re:That doesn't matter to Slashdot by Carewolf · · Score: 2, Funny

      Cable "theft" isn't stealing, it's not even borrowing.

    11. Re:That doesn't matter to Slashdot by bit01 · · Score: 1

      Spot the RIAA-BOT!

      Seriously, while it's wrong that an intellectual property creator should not be paid for their work, it's equally wrong that they should be paid too many times for the one piece of work, for exactly the same reasons. Downloaders intuitively understand this.

      While broken law continues to allow effectively infinite profit from one song by effectively creating infinite copyright I have no problem with people ignoring attempts by cartels to milk the system.

      Copyright is a privilege granted by law, not a right, despite the name. I for one would like to see intellectual property law reformed. Till then, piracy is the way to go.

    12. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      You cannot just say that music piracy is or will always be wrong. This is a matter of opinion. Im not trying to justify music piracy but I would never try to argue that is absoluty right or absolutly wrong. I think that the music piracy has most damaging effect on the record companies and the industrial musicians. To maximise profit, and they are not taking in any small numbers, they would have to eliminate all piracy but I doubt that is going to happen very soon. On the other hand the music piracy is a very effective way of advertising your art.

    13. Re:That doesn't matter to Slashdot by spyfrog · · Score: 5, Insightful

      Be sarcastic all you want but the parent post has a valid point: why does copyright extend BEYOND the physical existance of the creator?

      The idea behind copyright is that the artist should get paid to be creative. Once you are dead you STOP being creative. So the idea to have copyright extend beyond the life of the artist goes against the whole basic fundation of copyright.

    14. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      why does copyright extend BEYOND the physical existance of the creator?

      Simple, if that wouldn't have been the case, people would have been murdered in the past.

    15. Re:That doesn't matter to Slashdot by lactose_incarnate · · Score: 2, Insightful
      Why are we arguing morality? We shouldn't be arguing whether it's morally wrong or not, because if it ends up making the recording industry more money noone's going to care.
      There is no justification for it, because in the end, you are always damaging the artist in some way.
      I disagree. The only artists that might get damaged by piracy are big-name artists and artists who only put one or two good songs on their CD. Because of piracy I get a wide sample of music to listen to, and it greatly increases exposure to indie and small-name bands. I end up making smarter CD purchases, rather than less. As an example, I downloaded most of Refused's The Shape of Punk to Come, then I bought the CD, then lost the CD, downloaded the rest of the CD, and now I'm going to buy it again, because a pirated copy wouldn't be the same. Another example occurs among my friends; one of them downloaded an AMV (another great benefit of P2P networks) with Pikachu singing a song by Mindless Self Indulgence, and now they're all MSI fans. There's no way any of them would have heard the band without P2P networks. They're extreme examples, but my whole CD collection is full of examples, and ones that I wouldn't have heard of without pirating.
    16. Re:That doesn't matter to Slashdot by Unregistered · · Score: 1

      for the record, if the RIAA wasn't so evil, i would do the same (actually i'd probobly buy it off itunes), but not i don't feel like i can send my money to them. I do do that with DVDs as the MPAA isn't quite as evil.

    17. Re:That doesn't matter to Slashdot by Moofie · · Score: 1

      It doesn't justify stealing. It justifies copyright infringement. These two activities are not the same.

      --
      Why yes, I AM a rocket scientist!
    18. Re:That doesn't matter to Slashdot by jsebrech · · Score: 2, Insightful

      why does copyright extend BEYOND the physical existance of the creator?

      Simple, if that wouldn't have been the case, people would have been murdered in the past.


      Conversely, by ensuring that copyright extends past the author's death, we've ensured there is motive for killing your successful book-writing father. Which way do more people get killed?

    19. Re:That doesn't matter to Slashdot by servoled · · Score: 1
      If you want to argue symantics thats fine, but I still don't see how this justifies copyright infringement.

      To the best of my knowledge there is nothing in the constitution, bill of rights or US law (or the laws/founding documents of any other country) that guarantees the rights of the general public to take/use/have access to the intellectual property of others.

      The arguement of the parent seems to be something along the line of:
      1) CDs are expensive
      2) Record make profits selling CDs
      3) I don't like paying money for CDs or giving profits to the record companies
      4) By downloading 1/2 of the music I listen to I am happy and the record companies still make profits from the 1/2 of the CDs that I do buy
      5) Since the world does not end by the actions of (4), downloading 1/2 of the music I listent to is justified
      I don't see anything in this line of "reasoning" that justifies the stealing/copyright infringement of the first 1/2 of music listened to. This line of reasoning is almost along the lines of a "Two Wrongs Make a Right" fallacy. The arguement above can be written in that form, ie: Since the record companies steal from me in the form of high profit margins, it is ok to download their music instead of buying it. The parent poster just decided to add the bit about the world not ending to try to strengthen his/her already unfounded arguement.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    20. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      Not insightful by any means. You completely side-stepped the point being made with a stupid cheap shot, proving your own stupidity. Obviously you have no intelligent and logical argument against what they guy actually said. Sarcasism != Intellect. Maybe you should be called Overly Stupid Guy.

    21. Re:That doesn't matter to Slashdot by Loconut1389 · · Score: 1

      Sort of along the same lines, and ive mentioned this in another thread a while back... its past the viewable recent posts I have so i cant link to it.. In any case. I think one of the biggest hurdles the music industry needs to solve is to decide whether they are licensing you to listen to the song, or whether they are selling you the media. They need to pick one. They constantly say you are buying the right to listen when you buy a cd, and the cd is your license, etc. But yet, if you break a cd you have to buy your license all over again? I have quite a few cd's ive had to burn because theyve gotten scratched in my car, dropped, whatever. If the industry wants my vote, let me send in the pieces of my cd and 2 bucks and send me a replacement. Until then, they're pushing more people away. Not that being able to mail in a CD will solve piracy, not by a long shot. But if they would make up their minds and not try to have it both ways, i think they would gain a little more support. I'm not sure im explaining my thoughts as well as id like, but hey ive been coding for a week straight.

    22. Re:That doesn't matter to Slashdot by Moofie · · Score: 1

      I think the semantic argument is an important one.

      There is a bright line between stealing something (which makes that object unavailable for another person to purchase) and copying something (which does not).

      But, this is a long, long argument around here. I say that sharing for personal, non-commercial use is protected under my fair use rights. The record companies say it's not. I say nuh uh. They say uh huh! I go to buy CDs from smaller acts instead of buying their crap. If, on broad occasion, there is a single I like, I might download it.

      I buy a fair bit of music. I don't like being treated like a criminal because I occasionally download a track here and there.

      Is wholesale copyright infringement Wrong? Maybe. Is it anywhere near as wrong as the record companies' treatment of their talent? No way. I don't care to allow them to make a moral argument when their behavior is so blatantly immoral.

      As far as the legal question goes, I believe there's a latin phrase that lawyers use that basically means that the law doesn't involve itself with trivialities. This is a trivial matter. The record company might BLAME "piracy" for BILLIONS of dollars of lost sales, but this article makes that line of reasoning suspect.

      Maybe they ought to try making a good product for a fair price. Most people who do that do OK.

      --
      Why yes, I AM a rocket scientist!
    23. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      gosh, that's what I was using it for. where else am I gonna get all those Tommy Dorsey bootlegs?

    24. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      Porn, an interesting case study for piracy. Anecdotaly porn must be at least as pirated as music, certainly, for a long time porn was considered to be the primary use of the internet ( losing to music and spam not so long ago :).

      My question is this - how does piracy affect the porn industry, and why arent we hearing a huge outcry from the porn industry regarding the theft of their material. I suspect that the porn industry has discovered that piracy amounts to free advertising, and promotes the purchase of more content.

    25. Re:That doesn't matter to Slashdot by zephyr1256 · · Score: 1

      You missed the point of the argument you replied to. You were called on your ridiculous claim that piracy 'always' hurts the artist in some way, with an counterexample that showed that your claim was indeed false. Either you missed, or you saw it and got mad because your claim was refuted and replied with unconstructive sarcasm. Actually, I think the latter is more likely.

    26. Re:That doesn't matter to Slashdot by ex-songwriter · · Score: 0

      I think you may misunderstand what your fair use rights are. Here you go for reference:

      107. Limitations on exclusive rights: Fair use:

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      The original intent of fair use was to protect academic use and criticism. And at the end of the day, there is a fairly strong argument that wholesale copying does in fact limit the potential market for the work.

      As for your fair price comment, adjusted for inflation, a record that cost $4.99 in 1964 would cost $26 today. Music has gotten significantly cheaper while real income has risen. The cold hard fact is that people would just rather take music than pay for it. And all the justification is just, well, justification.

    27. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      - Downloading music is against the law,
      and it is wrong to disobey the law.
      - but sometimes, the law has to change.
      - yes, and there are lawful ways to do so.
      - but sometimes, the law is hostage to powerful entities that block its lawful ways to evolve.
      in the case of downloading media, I think that people have found the perfect distribution method for it. The internet is probably the best way to distribute music, and music lovers have realised that, and they ask for it to become a standard distribution medium.
      the public would get music cheaper, faster, and from a wildly wider choice; and the artist would get a wider distribution, and probably cheaper music would mean more artists would get a share of the music spending money, which now goes to the distribution.
      those who distribute are not letting this change to happen, and are holding benefits that the technology can bring to everybody. The society could have more musicians and less management and pollution.
      in this kind of cases, I think it is ok to dissobey, thus protesting and pushing your point.-

    28. Re:That doesn't matter to Slashdot by Popageorgio · · Score: 1

      "Wow, some article in New Zealand" Yeah, with a GDP of $75 billion.

    29. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0

      To the best of my knowledge there is nothing in the constitution, bill of rights or US law (or the laws/founding documents of any other country) that guarantees the rights of the general public to take/use/have access to the intellectual property of others.

      This statement really reflects the upside-down view of the world drilled into consumers' brains by those with an interest in copyrighted material. Sure, access to the "intellectual property of others" isn't guaranteed by your constitution or laws - rather, the whole concept of "intellectual property" is established therein. There is no natural right to control the use of one's ideas!

      Copyright is a time-limited right granted by the government to say when and how and by whom one's creative output can be copied, a right which was supposed to enable the creator to derive some benefit from such work so as to continue to create - for the benefit of society, not for the benefit ofhuge corporation. Copyright infringement isn't immoral, it's illegal.

      steve

    30. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      Sure, access to the "intellectual property of others" isn't guaranteed by your constitution or laws - rather, the whole concept of "intellectual property" is established therein. There is no natural right to control the use of one's ideas!

      Creative works are not ideas. Patents are the closest thing to controlling ideas that are legally recognised.

      There IS a natural right to make binding contractual agreements, hence it follows that there is also the right to license software/music under a contractual model.

      Contracts are a natural right, and I happen to believe that even without the copyright system, contracts and shrink-wrap licensing could serve almost exactly the same purpose (indeed, copyright has largely been superceded by licensing as far as software is concerned)

    31. Re:That doesn't matter to Slashdot by Anonymous Coward · · Score: 0

      tupac has been dead for a while, yet he (rec.label) is still releasing new songs.

    32. Re:That doesn't matter to Slashdot by arothmanmusic · · Score: 1

      Well, I think some of the reason why rights extend 70 years beyond the creator's death is that it can benefit their heirs. I mean, if you were say, Margaret Mitchell's kid, wouldn't you be a tad pissed off if "Gone With The Wind" became public domain the day your mom passed on, thereby denying you any earnings from it?

    33. Re:That doesn't matter to Slashdot by Kouzdra · · Score: 1

      In theory, posthumous copyright can provide to author some payment before his death: He can sell his posthumouse rights. For example, Tolkien got some payment for his rights for filming of the LotR.

    34. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0

      Creative works are not ideas. Patents are the closest thing to controlling ideas that are legally recognised.

      This discussion always boils down to semantic feces-throwing. Ideas/creative works/whatever - the concept is still the same. The mere fact that someone has recorded a creative work on their dime does not give them a natural right to control what I do with it - they can however bash my face in with a club if desired. I in turn can do the same.

      There IS a natural right to make binding contractual agreements, hence it follows that there is also the right to license software/music under a contractual model.

      I'm not sure how it is relevant that "There is a natural right to make binding contractual agreements" - how have I in any way a relationship (contractual or otherwise) with Britney Spears? And the fact that you later bring up shrink-wrap licensing wraps up this insane line of reasoning nicely. Shrink-wrap licensing is a myth! It's a non-binding one-way contract revealed only when the screwee has already bought into/signed onto it.

    35. Re:That doesn't matter to Slashdot by bcemoli · · Score: 1

      What about Tupac? He's put out like five albums since dying.

    36. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      The mere fact that someone has recorded a creative work on their dime does not give them a natural right to control what I do with it

      It gives them a right to only make their work available to you conditionally. You do not have a natural right to receive the work. They may choose not to release it to you. If they do make their work to you under certain terms and conditions, they have a right to expect that those terms and conditions be honored. When those terms and conditions are not honored, they have a "natural" right to seek compensation for any damage that may have resulted from this dishonest conduct.

      how have I in any way a relationship (contractual or otherwise) with Britney Spears?

      You could be the recipient of material that is made available to you conditionally.

      And the fact that you later bring up shrink-wrap licensing wraps up this insane line of reasoning nicely. Shrink-wrap licensing is a myth! It's a non-binding one-way contract

      Not sure what you mean. In the example we're discussing, there's no reason that the terms of agreement couldn't be made available up-front.

    37. Re:That doesn't matter to Slashdot by shark72 · · Score: 1

      "Let's look at the flip side of that. The music industry is, as is almost any other business, out for profit. The money made by such groups is only given to the artist at a factional amount. The "rich and famous" are a small portion of the artist whom we are "damaging." The price of a blank CD is c. .10(us) at the most; the burning, labels, cases, leaflets, et al, is probably around 4 dollars a CD produced. These are then sold to Record stores at around 10-15 dollars (US) Then, the record stores sell them to us (the consumer)at 29-21 dollars (US)."

      In addition to the inflated prices, you missed one step: the distribution channel. Record companies sell in to distribution for about $8 - $10. Even if you completely ignored all the costs unrelated to manufacturing (the cost of producing the CD itself, the advertising and promotion, and the allowances for returned merchandise and unsold inventory, $4 in media production costs yields a gross margin of about 50%. But, that is gross margin. Not net margin. That is a huge difference.

      Record companies, in reality, have really shitty profit margins compared to lots of other businesses, and the recording industry is hugely speculative: some CDs make money, but many, if not most, are money-losers.

      "The real thievery is put to the consumer with massive profit margins, from such a relatively cheap commodity. Why not download half, or more, of the music you listen to?"

      There's nothing wrong with misunderstanding the true costs that go into producing a CD. But using this misunderstanding as a moral justification for piracy is a bit off the beam.

      --
      Sitting in my day care, the art is decopainted.
    38. Re:That doesn't matter to Slashdot by shark72 · · Score: 1

      "There is a bright line between stealing something (which makes that object unavailable for another person to purchase) and copying something (which does not)."

      There's a good test for the relevancy of this argument: say you work hard on some software and put copy protection on it. You sell a thousand copies in a year and it allows you to pay your rent and feed your children. Then, the next year, you release another software program that is just as good, but pirates crack the copy protection, it's distributed widely on the P2P networks, and your sales fall by half. At that point, do your children (who need to be fed) or your landlord (who needs to be paid) care if your software was "stolen" or your rights were "infringed?"

      "Is wholesale copyright infringement Wrong? Maybe. Is it anywhere near as wrong as the record companies' treatment of their talent? No way. I don't care to allow them to make a moral argument when their behavior is so blatantly immoral."

      The problem here is that this argument can be used to justify lots of stuff. A programmer might be paid $50K for doing six months work on a game that grosses $2 million in sales. That's only 2.5% of the gross! The designer who created your car's look might get 0.1% of the car's gross sales. The engineer who assembled your PC might get 3% of its selling price. This is the rule, not the exception. CDs require the efforts of dozens, if not hundreds, of trained and talented people, and everybody gets a tiny piece of the pie -- the artist probably gets the biggest piece, when you consider that the rest goes toward the salaries of others who were integral in producing it.

      --
      Sitting in my day care, the art is decopainted.
    39. Re:That doesn't matter to Slashdot by Moofie · · Score: 1

      That's a straw man. Until you can show me a case of piracy actually DESTROYING a business, there is nothing to talk about.

      It just doesn't happen. The problem is being blown way out of proportion.

      The money exchanged between the artist and the label is of way less interest to me, than the indenture the record company requires. If the artist was free to take their money, and then go record something else with somebody else (some people call that a free market) then it would be a more equitable system. But, the record company signs you to a multi-album deal, and then they sit on the work you like and will only release work that they tell you they think they can market. And you can't get out, because your royalties (ten percent of the sales, if you're incredibly lucky) were blown away by paying every single expense the record company incurred in the production of their album. You pay those costs to the record company, and their partners. I'm sure they don't inflate their prices at all. I mean, it's not like they have a monopoly. Oh wait, since the artist can't get out of their contract, I guess they do.

      The artist might get the biggest single piece, but they also pay every other person associated with the project. Recording artists are indentured servants.

      --
      Why yes, I AM a rocket scientist!
    40. Re:That doesn't matter to Slashdot by shark72 · · Score: 1

      "That's a straw man. Until you can show me a case of piracy actually DESTROYING a business, there is nothing to talk about."

      Are you saying that the lost business due to piracy is only relevant if the rightsholder is driven to bankruptcy? That is, if I lose 20% of my business to piracy and I have to lay off 20% of my workers or cut my living expenses by 20%, it's a non-issue?

      Artists are free to sign with record companies, or not sign. This is each and every artist's choice. If they feel that they can do better by producing, promoting and distributing their work themselves (and there have been incidents of this paying off well), then that's their choice. This is another situation which can be applied to lots of industries. When there is a glut of a particular resource (such as the current IT glut in many markets), compensation will go down. It's one of those unfortunate facts of how the economy operates and, thus, should not be used as moral justification for piracy.

      I disagree that there isn't any price inflation going on... the better studios, or the engineers with the better reputations have the luxury of charging more for their services. But, this happens in lots of industries. And, the tough task of finding an engineer or a studio that will give you quality work for a fair price is something that musicians face even if they opt not to go the label route. Promoting and distributing your music on your own can also be a huge bitch and there are people waiting to fleece you at every turn.

      You are 100% correct that it's tough to make a buck, but all the examples you've given in the record industry are facts of life for other industries, as well.

      --
      Sitting in my day care, the art is decopainted.
    41. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0
      It gives them a right to only make their work available to you conditionally. You do not have a natural right to receive the work.

      Of course I don't have a natural right to receive the work - of course a person who has a song locked up in their head or on a tape in their pocket can refuse to share and be right - but that's not the issue. The issue is, if I can get my hands on the work from somewhere (can you say eMule?) I'm not violating the natural rights of anyone else.

      On the subject of shrink-wrap licensing, I took you to be referring to the ubiquitous EULA, which is rarely if ever made available pre-purchase (unless one borrows a friend's). Shrink-wrap is real hard to put back on the box ;)

    42. Re:That doesn't matter to Slashdot by Moofie · · Score: 1

      Gosh. I don't remember signing a license agreement when I bought a CD.

      --
      Why yes, I AM a rocket scientist!
    43. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      The issue is, if I can get my hands on the work from somewhere (can you say eMule?) I'm not violating the natural rights of anyone else.

      But you only obtained the material because someone else breached the contract. If you are knowingly a party to such a breach of contract, you are a co-conspirator in this violation of the authors rights (to make the material available conditionally).

      In other words, I simply don't buy the "leaked copyright" argument. In fact I think there are already examples where you can or can't be protected from leaks. For example this is already an issue with trade secrets / NDAs. If someone leaks an NDA to a third party, it seems reasonable that the author should be able to seek an injunction to prevent the third party publicising the material (even though the third party didn't sign the NDA)

    44. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      Gosh. I don't remember signing a license agreement when I bought a CD.

      No, because the government implicitly signed it for you (copyright).

      What I'm arguing is that the right to limit distribution of creative works is natural and follows from the right to form contracts. Hence it is wrong to say that you have the right to arbitrarily "share" "information". You have no such right, and the author has every right to limit distribution.

    45. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0

      I just lost my reply to this so this time around it'll be short and to the point. I think you're bogging us down in an irrelevant offshoot to the discussion - regardless of whether one does have a natural right to impose conditions on the recipient of a creative work, how does the right to enforce such conditions manifest? Also, I think that in light of any reasonable contract one might have with the creator of a work, there would be many scenarios where the copy I obtain from them could in turn be obtained by someone else without my breaching the contract (CD left on my desk; unbeknownst to me someone borrows and copies it - regardless of any actions or charges I might bring against the borrower, I haven't breached a simple contract to the effect of "don't redistribute").

      Please, if you wish to continue this discussion, focus on the effect of such a scenario rather than this stubborn argument that the contract is the be-all and end-all of creative work control.

      I would also like to ask - if contract formation is a natural right, how can contracts be subject to the laws of man? What happens if I supply a work to someone on the condition that they kill themself in a week? What if the court ruled the contract null and void? The recipient still has the creative work...

    46. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      CD left on my desk; unbeknownst to me someone borrows and copies it - regardless of any actions or charges I might bring against the borrower, I haven't breached a simple contract to the effect of "don't redistribute"

      In that case, the party "borrowing" it presumably did so without your permission. It's certainly possible to construct legislation that controls such obvious moral loopholes (of the nature that the typical slashdotter is always looking for ... ;-) The effect of such a scenario is that your friend is liable if they take the item without your permission, and you are liable if you grant them permission in a way that violated your terms and conditions.

      What if the court ruled the contract null and void? The recipient still has the creative work...

      Yep. The onus would be upon the licensor to write contracts carefully, so that the contract is not rejected in its entirety like this. But this is already an issue that has been addressed in both writing contracts and more to the point, in writing EULAs.

    47. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      Also, I think that in light of any reasonable contract one might have with the creator of a work, there would be many scenarios where the copy I obtain from them could in turn be obtained by someone else without my breaching the contract

      A better example actually would be the "fell off the back of a truck" example -- suppose the CD literally does fall off the back of the truck and someone finds it.

      The answer to this apparent dilemma is that even though they are in possesion of the CD, it is not their CD, so they are not authorised to use it (much like finding someones wallet doesn't give you the right to make use of the priveliges that may come with having some of the ID cards in that wallet)

    48. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0
      A better example actually would be the "fell off the back of a truck" example -- suppose the CD literally does fall off the back of the truck and someone finds it.
      The answer to this apparent dilemma is that even though they are in possesion of the CD, it is not their CD, so they are not authorised to use it (much like finding someones wallet doesn't give you the right to make use of the priveliges that may come with having some of the ID cards in that wallet)

      Please, I appreciate your argument, but it really is periphery to the matter at hand - it doesn't matter if the person is "authorised" to use the CD - what matters is that once they've used it, and gotten the music off it, they're only liable for the unauthorised usage of the CD - they can keep the creative work, since like knowledge, it isn't "property" gained from unlawful conduct. It's just public domain (we're talking about a world without copyright, as you may or may not recall).

      Are you steaming off on this tangent on purpose? I'm beginning to think I must be dense, because it is only now, three or four posts in, that I've realised that IHBT... regardless, let's leave further discussion of this to a fresh thread some other time :-)

    49. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      what matters is that once they've used it, and gotten the music off it, they're only liable for the unauthorised usage of the CD

      They could be held liable for damages that result from unauthorised usage. Misusing someone else's property doesn't just make you liable for the value of that property. For example, if you find someones wallet, use their ID card to get into IBM HQ, steal trade secrets and post them on a public website, you are not just liable for the (almost non-existent) cost of reproducing the plastic swipe card.

      I've realised that IHBT...

      IBHT, and this discussion is finished ? Heard that one before (-; HAND.

    50. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0
      They could be held liable for damages that result from unauthorised usage
      What damages? The music isn't copyrighted, and the third (CD-borrowing) person having the music doesn't damage anyone. Remember, if it isn't copyrighted, the creator has no specific right to exclusive profit from it.

      Your example regarding trade secrets is wholly irrelevant, as the theft itself would most likely constitute trespass etcetera regardless of the method of entry.

      IBHT, and this discussion is finished ? Heard that one before (-; HAND.
      You too.
    51. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      What damages? The music isn't copyrighted, and the third (CD-borrowing) person having the music doesn't damage anyone.

      My position is that they're only liable for damages if they misuse the product in such a way as to undermine contractual agreements (for example, by uploading it to a public server). One could argue for some liability if they receive benefits via this misuse that they're not otherwise entitled to (I think liability and misappropriation allow for this) but this is a weaker argument. The case against an uploader (or any illegitimate distributor) is a stronger one.

      More relevant to these specific examples -- I don't think downloaders would be liable (or at least, the case for making downloaders liable isn't a very strong one) under such a system, but uploaders would be. Maybe this is what you were getting at ?

    52. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0
      My position is that they're only liable for damages if they misuse the product in such a way as to undermine contractual agreements (for example, by uploading it to a public server).

      I would like to introduce a very simple example to refute this: in this example, I sign a contract with you stipulating that you are to pay me five (5) dollars in return for me telling you a word I made up in primary school. Don't worry, these are canadian dollars - so it's good value.

      Now, any of the following could be true (and likely):

      1. Someone overhears me telling you the word;
      2. Someone already knows the word, because they grew up with me; and
      3. My mother hears about this contract and really doesn't like me (stretch marks), so she broadcasts it on CNN.

      All these scenarios undermine my ability to profit from the new word, but in no case has anyone breached the contract. Any third party aware of the word can do whatever they please with it. The word is public domain, as all information or creative work is in nature. There is no reason to believe that anyone using the word isn't entitled to do som, or that they aren't entitled to any benefits such use might bring.

      All this guff you're talking about is irrelevant legal bullshit - what exactly are you arguing for/against? Do you remember? Do you think the world would be a better place if every little creative work were licensed by contract to every recipient? Do you think this would have any legal efficacy at all? What I am arguing (or was arguing) is that there is no natural right, really no moral ground, for the creator of a work to exert power over others who have the capacity to perform/redistribute/eat it. The idea that creative works are "property" is one espoused by the laws of modern humankind, and I would posit that nowhere in the Bible, Qur'an, Bhaghavad Gita or whatever your spiritual text of choice, can one find any mention of "intellectual property". Copyright is an unnatural restriction imposed by society on individuals, for the benefit of society, just like speed limits and public nudity laws. Repeat after me: Copyright is not for the benefit of creators of works, copyright is not for the benefit of creators of works, copyright is not for the benefit of creators of works...

    53. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      All these scenarios undermine my ability to profit from the new word, but in no case has anyone breached the contract.

      It's not an analogous example. In fact I already have explained why the "fell off the back of a truck" example is NOT a loophole. In the case with the CD that was obtained, someone needs to misuse something that doesn't belong to them. I have shown that all obvious "public domain" leaks boil down to either misuse of property, or breaches of contract.

      Do you think the world would be a better place if every little creative work were licensed by contract to every recipient?

      No, certainly not. That's not my argument. In fact I'd argue the opposite -- copyright is actually a very good thing in principle.

      What I am arguing (or was arguing) is that there is no natural right, really no moral ground, for the creator of a work to exert power over others who have the capacity to perform/redistribute/eat it.

      I have argued that there is plenty of moral ground. It follows from the right to form contracts and in some cases, property rights.

      The idea that creative works are "property" is one espoused by the laws of modern humankind,

      I haven't argued that creative works are "property", so this is a straw man argument. The notion of contracts is much older.

      Copyright is an unnatural restriction imposed by society on individuals,

      It's not unnatural, but it is a restriction.

      for the benefit of society

      Exactly. Society are the main beneficiaries of copyright. Which is why I'm puzzled that so many ignorant slashmorons are against copyright. A system like EULAs without any sort of guaranteed fair use provisions would be much worse for society.

    54. Re:That doesn't matter to Slashdot by Synonymous+Yellowbel · · Score: 0

      Most of the parent post is a rehash of your previous arguments. Look, I say that when someone "misuses" a piece of property, that doesn't change the fact that the creative work contained therein is public domain, and is now out in the open. It's like a trade secret - your convoluted contracts seek to protect it from dissemination, but once that occurs, no matter how, it is no longer protected as a trade secret. Sue into oblivion the guy who released it, hang him, whatever - it doesn't change the fact that it's out there.

      I have argued that there is plenty of moral ground.

      And I that there is none. Yes, a contract can be formed to provide the work, with certain conditions imposed on the recipient, but who cares? That is where the influence of the creator ends. Accidental dissemination where due care has been taken shouldn't be a breach of contract.

      [Copyright is] not unnatural, but it is a restriction.

      What planet are you living on where copyright is natural?

      Exactly. Society are the main beneficiaries of copyright.
      Correction: society were the main beneficiaries of copyright. Now copyright has been mutated into the horrific monstrous she-bitch of corporate juggernauts. What was it originally (in the US)? 14 years? What is it now? Life + 70? Society is no longer benefitting. A world of 14 year copyrights seems positively utopian compared to the current situation. I think shorter copyrights, rather than longer, are justified now, with the rapid distribution possible. I can't fathom how such lengthy copyright terms can be justified - the effect is essentially to eliminate the public domain, to make everything property and enforce a world order of artificial scarcity. I'm sure that a significant proportion of the "ignorant slashmorons" (ie, the un-1337) understand the ideas behind copyright, but hate what it has become.
      A system like EULAs without any sort of guaranteed fair use provisions would be much worse for society.

      The existence of a worse option does not make this one any better.

      Do you think it a good thing that right now, it is illegal in many places (Australia for example) for poor kids to make tapes of their friends' CDs (or tapes)? All they can legally listen to is radio, which in many cases is restricted to crappy commercial pop. Is this situation of artificial scarcity preferable to a world without restriction? Societies without such ideas have had flourishing musical cultures - there is no reason to think that real musicians would just give it up because there was little money in the business. Why not just restrict commercial use of copyrighted works? Wouldn't this be enough? People ignore copyright law for the most part anyway.

    55. Re:That doesn't matter to Slashdot by elflord · · Score: 1
      Sue into oblivion the guy who released it, hang him, whatever - it doesn't change the fact that it's out there.

      I see, you have an indirect breach now. Very smart. unfortunately, if a recipient further compounds the damage caused by this misuse of property, it makes them a co-conspiritor, and if they are a willing co-conspiritor, then they could also be liable. IOW, I simply don't buy the "leak" argument. I can see why you'd like it though -- because ultimately, what you desire is a means to intrude on and disrupt ;legitimate contractual agreements.

      That is where the influence of the creator ends.

      Well, we don't agree on this. I think the creator should have more influence. The reason ultimately boils down to the fact that I believe that the creator and the users both have the right to form contractual agreements without the freeloading slashdot pondscum beating on the doors and looking for a way to get a free ride.

      Correction: society were the main beneficiaries of copyright. Now copyright has been mutated into the horrific monstrous she-bitch of corporate juggernauts.

      Yes, but it's still better than contractual/licensing based alternatives that would exist if there were no copyright. Of course there do exist implementations of copyright that would be better for society than the current one.

      Societies without such ideas have had flourishing musical cultures - there is no reason to think that real musicians would just give it up because there was little money in the business.

      Those societies did not have convenient access to recording equipment. I don't think anyone would care a whole lot about copyright infringement that did not in anyway involve the use of recording equipment.

      Why not just restrict commercial use of copyrighted works?

      Because this would still enable free-riding and large scale piracy. Allowing free riders is unfair to both the person providing the ride, and others paying for the ride. Who cares about the free riders anyway ? Why is it a worthwhile goal to serve their interests ? They are parasites.

      People ignore copyright law for the most part anyway.

      It's much like having speed limits -- you don't need 100% compliance (or anything close to it) for the law to be effective.

  18. Correlation is not causation. by fishbowl · · Score: 0, Redundant

    Correlation is not causation.

    Repeat that.

    Keep repeating it until it sinks in.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:Correlation is not causation. by Anonymous Coward · · Score: 0

      ok, hotshot, you explain what's happening then.

    2. Re:Correlation is not causation. by mark-t · · Score: 1
      ok, hotshot, you explain what's happening then.
      There are a ton of possibilities.

      The population is growing, increasing the size of the targetted demographic, coupled with an increase in the number of music stores will only naturally result in more purchases. This is the exactly same reason why newer movies are fairly consistently breaking older movies' box office records (on number of ticket sales).

      The nation's economy plays a factor, with an improving economy, people tend to spend more money on all products, music included.

      The type and quality of music happens to more recently reflect the truer tastes of those people who would normally pay for material anyways.

      These are just the first three that come to mind, and I don't profess to be a "hotshot".

  19. Re:Damn it Slashdot is so Australiasian-centric no by POds · · Score: 1

    I dont know about you, but im starting to feel like some one cares about us down here. I wonder if this is proportional to the influx of Australian actors in Hollywood?

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
  20. Why make excuses? by Spyffe · · Score: 5, Insightful
    We don't copy software and music because we're trying to help the music industry; we do it because we can, and doing this doesn't harm anyone. Anyone, that is, except for those people that think they can tell us what we can say or share.

    Yet we try to present music sharing as "helping the music industry!" It's like telling King George that Britain will benefit from granting the colonies self-rule. Sometime the reality will strike: music sharers don't care about the music industry and they don't care about the artists. Sales will eventually fall.

    Better that we tell the industry what our resistance is really about: We reject the government's copyright system that makes Federal authorities into thugs that enforce the music companies' restrictions of our freedom to spread information to whomever we want.

    --
    Sigmentation fault - core dumped
    1. Re:Why make excuses? by Anonymous Coward · · Score: 0

      It seems self-rule for the colonies has come in handy on a few occasions for Britain. The United States grew up to become a strong and powerful country, capable of being their ally in times of need, and friend in times of peace.

    2. Re:Why make excuses? by IM6100 · · Score: 1

      You claiming that a bunch of greedy downloaders are 'tuFF and righteous rebels' and that there is a 'political dynamic to it all' falls flat on it's face. The people doing the downloading will laugh at you. Go ahead and tell them what a rebellious vanguard they are. They're people. Having fun downloading stuff that they shouldn't.

      There is no 'resistance' outside the fantasy of a tiny number of armchair 'rebels.' By golly, if you're going to rebel, do something significant. Posting on /. isn't.

      --
      A Good Intro to NetBS
    3. Re:Why make excuses? by mar1boro · · Score: 1
      "Better that we tell the industry what our resistance is really about:
      We reject the government's copyright system that makes
      Federal authorities into thugs that enforce the music companies'
      restrictions of our freedom to spread information to whomever we want."

      I call bullshit. You are trying to style yourself ,and
      others who are ripping off other peoples' work as high
      minded revolutionaries. What a crock

      If you actually gave a damn, about preserving the right to free access to information, you would
      be accumulating and sharing suppressed political thought. Or, accumulating and sharing little known
      or suppressed scientific data. Stealing others' property, that they put their time and efforts into,
      is not a noble endeavor. Do you view artists as servants that should perform at your feet for your pleasure
      and be happy about it?

      I notice your personal link leads to a nonexistent student page at Bard College.
      Assuming you actually attend Bard, or did, you might want to ask such artists as writer Monique Truong,
      and novelist Bradford Morrow if they would mind if you stole their stuff.

      Or you could check out Bard's efforts to improve communication between scientists and lawmakers.
      Or, you could copy and share the videos of the Milosevic trial.

      All of these are available through links on Bard's front page.
      --
      -- "It was as if the paint factories had decided to deal direct with the art galleries." - Thursday Next
    4. Re:Why make excuses? by Tokerat · · Score: 1

      We reject the government's copyright system that makes Federal authorities into thugs that enforce the music companies' restrictions of our freedom to spread information to whomever we want.
      ...that same copyright system is what protects the GPL and everything Linux from scumbag thugs like SCO, so watch yourself.
      --
      CAn'T CompreHend SARcaSm?
    5. Re:Why make excuses? by Spyffe · · Score: 1
      I call bullshit. You are trying to style yourself, and others who are ripping off other peoples' work as high minded revolutionaries. What a crock
      No, we're not high-minded. We reject other peoples' attempts to control us, a very selfish view, I agree.

      Do you view artists as servants that should perform at your feet for your pleasure and be happy about it?
      If they can't earn money by telling me what configurations of atoms and sequences of bits I can't pass on to my friends, I don't ask that they grovel at my feet. Let them find other jobs.

      Thanks for alerting me to my messed up homepage link. I deleted my files on the server recently (I graduated in the Spring) and have a new homepage.

      --
      Sigmentation fault - core dumped
    6. Re:Why make excuses? by Spyffe · · Score: 1
      You claiming that a bunch of greedy downloaders are 'tuFF and righteous rebels' and that there is a 'political dynamic to it all' falls flat on it's face.

      Which post were you reading? For me, politics is the process by which restrictions of personal behavior are managed. I don't view a rejection of copyright as politic, I view it as self-interest.

      Greedy downloaders don't care about politics. The people who care about politics are those that think it's OK to restrict the public's freedoms if it means someone can make money.

      By golly, if you're going to rebel, do something significant.
      I don't care what you think is significant.
      --
      Sigmentation fault - core dumped
    7. Re:Why make excuses? by Spyffe · · Score: 1
      Perhaps. But if the copyright system weren't there, then the GPL would be unnecessary because we could share anything.

      The GPL is a compromise designed for use in a less-than-ideal world. In an ideal world, there would be no copyright and sharing would be the natural thing to do.

      --
      Sigmentation fault - core dumped
    8. Re:Why make excuses? by Tokerat · · Score: 1


      True, but in said world, you might invent, say, Linux(?) in your basement. Or perhaps the schematics to a new handheld device, or you discover a secret formula that makes a really good cola. Without IP laws, anyone could just take that and sell is, and not give a thing back to you. Imagine some corporation stealing you idea and making millions while you got nothing but bills to pay for all your research materials. It still happens now, but at least it's illegal. Perhaps giving it away is OK with you, though, and that's fine; you're a BSD type person. Perhaps however, you're trying to feed the family and it's riding on this idea...

      That being said, the current state of things is a complete mess. Copyright is like Windows: Decent idea, poor implementation. ;-) And don't even get me started on patents...

      --
      CAn'T CompreHend SARcaSm?
    9. Re:Why make excuses? by King_TJ · · Score: 1

      On the flip-side, though, show me *any* revolution or rebellion in history where most of the participants really understood all the ramifications of what they were doing - and truly did what they did for the "political dynamics".

      No... What *really* happens is a few "leaders" speak out loudly and often. The masses like what they hear (even if it's just because it makes them feel better about their activities they're already doing), so they point to it as justification for their actions.

      When the Colonists fought the British in the American Revolution, do you really think they all did it for the "greater good" and long-term goals? NAH! There was a recent History Channel special on the Boston Massacre, and among other things - it was discovered that the whole thing really started because a few drunk people came out of a pub, harassing the British guards. Eventually, they made a big enough scene that the guards got scared it was going to get ugly and a warning shot was fired. The rabble-rousers like Paul Revere twisted the story into a tale of the evil British firing upon the innocent crowd - and voila, instant anti-British sentiment was nutured and fueled.

    10. Re:Why make excuses? by mar1boro · · Score: 1
      "No, we're not high-minded. We reject other peoples'
      attempts to control us, a very selfish view, I agree."

      There is nothing inherently wrong with selfishness. What I wonder is,
      how far you are willing to take it. Are you saying the benefits
      of rule-of-law are yours to enjoy, and yours to dispense or withhold
      as you see fit? I checked out your new homepage. Very heady stuff.
      Quite an impressive academic career you have had.

      Are you planning on making your research and implementations
      available for unencumbered public dissemination? Assuming that you
      someday will leave academia, do you plan to place your company's or agency's
      research and implementations in the public domain? I am wondering how you,
      your associates, your employees/employers plan to pay the rent and buy food
      under this model.
      --
      -- "It was as if the paint factories had decided to deal direct with the art galleries." - Thursday Next
    11. Re:Why make excuses? by Anonymous Coward · · Score: 0

      Well, it's not quite that simple.
      Mp3s aren't the same things as CDs.
      Mp3s aren't physical like CDs - they aren't tangible
      Mp3s aren't of the same quality of CDs.
      Mp3s don't have covers/artwork/lyrics etc
      Mp3s don't have the multimedia section of CDs.
      Mp3s don't have the sense of ownership.

      But the RIAA is scared about two things when it comes to file-sharing:
      The loss of control over what content people here and like
      The loss of making people buy compiliations just for one or two tracks - sucking in their fans and making wads of money in the process

    12. Re:Why make excuses? by mixonic · · Score: 0

      No, stop making excuses and admit you're being illegal, immoral, and breaking the will of the artist you 'support'. You say you want the freedom to spread information to whomever you want? What about the right of the artist to spread their work as they desire? If you think they are so great cant you respect that?

      Atleast admit you're just being wrong. Sure, the industry if wrong, but so are you.

      +5 insightful my ass.

      -mix

    13. Re:Why make excuses? by Spyffe · · Score: 1
      Perhaps however, you're trying to feed the family and it's riding on this idea...
      There are many ways to support one's family. Some of them involve robbing banks, some of them involve protection rackets, and some of them involve restricting information. Others involve providing value to someone without constraining their further use of that value. This includes manufacturing, services, etc.

      There are plenty of ways to earn money that preserve everyone's freedom.

      --
      Sigmentation fault - core dumped
    14. Re:Why make excuses? by Anonymous Coward · · Score: 0

      I will do my best not to fund entities that fund things like the DMCA.

      I download what I want to listen to, and if I really like the music I go try and find a way to donate directly to the artist. I haven't found an easy way to do so yet (~10 artists * 30 minutes googling).

      I have plenty of money and would like to compensate artists I like but I'm not aware of an easy way to do so.

  21. Piracy is good . . . somehow by pisco_sour · · Score: 4, Insightful

    First off, I do agree with that article being, well, not an article at all, but a news brief at the most. A more in-depth view is needed to really understand what's going on. But past that, I do agree with music piracy being a boost on sales and popularity, as it widens dramatically the potential market for any artist to not just people with 20 bucks but to people with MUCH much less who probably couldn't afford it at all otherwise.

    Same thing happens with books, as pirated books, costing way cheaper than legits (at least in my country) find their way not only into a segment of the population's homes, but to a much broader market, and it is usually the widespread distribution through illegal channels that ends up dragging forward the non-pirate books or CDs or movies or whatever.

    So, in a sense, piracy - despite its many cons - has the big pro of making culture (and yeah, a lot of garbage too) widely accesible to lots of people who, usually driven off by high prices, simply turn away in resignation. Knowledge for the masses, if you like, and in poor countries like my own, maybe the only working scenario to raise population's literacy levels.

    --
    http://castorexmachina.wordpress.com - Filosofía, tecnología y cultura.
    1. Re:Piracy is good . . . somehow by Anonymous Coward · · Score: 0

      But past that, I do agree with music piracy being a boost on sales and popularity, as it widens dramatically the potential market for any artist to not just people with 20 bucks but to people with MUCH much less who probably couldn't afford it at all otherwise.

      Except you have no reason to believe that, and so it's largely irrelevant what you believe. There is no shortage of people that believe any number of unsubstantiated things, you're about as unique as they come!
      So, in a sense, piracy - despite its many cons - has the big pro of making culture (and yeah, a lot of garbage too) widely accesible to lots of people who, usually driven off by high prices, simply turn away in resignation.

      Adoption has no direct relationship to an increase in sales. You even go so far as to imply that your concept of evidence is that these people that cannot afford to purchase the material simply take it without compensation. I see whatever ass-backwards shithole you're from doesn't teach logic to you goat herders.

    2. Re:Piracy is good . . . somehow by happystink · · Score: 2, Insightful

      "But past that, I do agree with music piracy being a boost on sales and popularity, as it widens dramatically the potential market for any artist to not just people with 20 bucks but to people with MUCH much less who probably couldn't afford it at all otherwise."

      I think you make good points and we sort of agree on the fact this article is bunk and we'd both love to see real studies, but where we diverge is that you believe something, but I have no opinion and am waiting for hard facts. I think you should change the word "believe" to "hope", since you seem to just believe that without any hard facts. Don't get me wrong, you may be right, who knows, but it's easy to believe things that fall in line easily with your worldview and then make up reasons that they must be true, and while you may or may not be right in the long run, in the short run you're sort of applying your point of view into a situation where it doesn't necessarily logically follow, which is sort of what the submitter has done here, although they obviously did it much more egregiously and ridiculously.

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    3. Re:Piracy is good . . . somehow by DragonMagic · · Score: 1

      I must disagree.

      Piracy is not a good way to raise the literacy of poor nations at all. Sure, reading is a good way, but look at everything that is already in the public domain, that anyone and everyone can freely distribute, translate, republished, redistribute, etc.

      Not only this, but there still are plenty of professional writers who give away short stories for free on their websites.

      Same with music. Recorded music's getting more songs in public domain now, and there are musicians giving away their music for free or making it easily accessible for little to no money.

      Piracy is not a good way to do anything other than piss off people. There's plenty of legitimate routes to explore where really there's few, if any, people to tick off in the process. And it keeps P2P very legitimate.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    4. Re:Piracy is good . . . somehow by Anonymous Coward · · Score: 0

      My major this year is philosophy... you dont want this buddy.

      Remember, don't be too much of stud; The ladies don't like that.

      peace,

      email me at eleventyfivegillion

    5. Re:Piracy is good . . . somehow by happystink · · Score: 1

      Haha, I hope for your sake that your arguments are usually better than "My major this year is philosophy... you dont want this buddy."

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

  22. Radio by POds · · Score: 4, Interesting

    I wonder if Radio listening has been ont he increase at the same time sales are picking up? I'd take a guess and say yes. But it all comes back down to think like American Idol etc!

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    1. Re:Radio by Coryoth · · Score: 3, Informative

      But it all comes back down to think like American Idol etc!

      Interestingly American Idol is based on a TV show that originally began in New Zealand. The show was called "Popstars" and was selecting a group of girls to sing as a girl band type group. It was successful in NZ, and was then run in Australia. From there it moved to getting runs in England, and elsewhere in Europe where the idea morphed a little. Finally it was picked up and converted into American Idol.

      Jedidiah.

    2. Re:Radio by happystink · · Score: 1

      Hint to New Zealanders: If you want the rest of the world to respect your country, maybe try not mentioning this ever again, and just emphasize the good things about your country. Like the Lord of the Rings and umm.. sheep? Ok, so stick to mentioning LOTR and just ixnay on the ericanamay dolixay.

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    3. Re:Radio by Coryoth · · Score: 1

      Fair call. Does it help it all that the band has ceased to exist and most (yeah, yeah, the annoying few linger) have disappeared into justified obscurity?

      Jedidiah

    4. Re:Radio by happystink · · Score: 1

      Mmmmmmm no. You are still basically making your country at least partially take the rap for Clay Aiken and "From Justin To Kelly". Just keep schtum. Or try to blame it on Australia, noone here will notice!

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    5. Re:Radio by Coryoth · · Score: 1

      There's fairly minimal responsibility there. What America decided to do to (American Idol is a very different format and concept to what the NZ show did), and with the concept is hardly our fault. Besides, it was Americans doing the voting, so they can only really blame themselves, yes?

      Jedidiah.

    6. Re:Radio by Anonymous Coward · · Score: 0

      China had those kind of shows since the beginning of the 80's... This was most probably before New Zealand, so it didn't originate in NZ.

    7. Re:Radio by happystink · · Score: 1

      Your mention of Americans blaming themselves just shows how little you know about how America works :)

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    8. Re:Radio by cryms0n · · Score: 0

      zing!

  23. Impossible to correlate properly by slycer9 · · Score: 5, Interesting

    After all, how do you quantify someone like myself, who either:
    A) Downloads a track or three by an unknown (to myself) artist to 'test the waters' and based on the tracks in question either buys their CD's/Merchandise, or immediately deletes their tracks of my HD.

    B) Downloads live/unreleased/discontinued tracks by the truckload.

    Both of those show as 'piracy' by RIAA's standards, one of them 'MAY' contribute to higher music sales, HOWEVER, in the case of 'A', even tho' I downloaded tracks to which I will NEVER purchase said album, it can not be considered a 'lost sale'.

    Bascially, just goes to show, you can skew the numbers to show whatever you want them to show...

    Also of note, I'm up to about $400 in sales to the iTMS. Quantify that...

    --
    Don't park drunk, accidents cause people.
    1. Re:Impossible to correlate properly by IM6100 · · Score: 1

      Well, category B) as you describe it: kills the market for live/unreleased/discontinued tracks. If any of those were gonna pay for a sack of groceries for the artist, they sure aren't if everybody thinks like you. And every track in existence was 'unreleased' for a time. If the market is saturated by illegal copies, it could be that nothing would ever be 'released.'

      --
      A Good Intro to NetBS
    2. Re:Impossible to correlate properly by slycer9 · · Score: 1

      Not to get into a pissing contest with you, but I have one problem with your argument.

      All the tracks from various artists that exist independantly of an album to purchase them on.

      That said, I understand your argument, however, I'm quite unwilling to deny myself the pleasure of listening to as much music from the artists I like merely because it doesn't exist in an 'official' RIAA sanctioned format.

      A couple of examples:

      Several tracks by Willie Nelson and friends live.
      Tom Waits/Bon Jovi live.
      Nick Cave live.
      Concrete Blonde's demo (Released as Dream6) OOP
      Dogs D'amour OOP
      PJ Harvey live w/friends

      Granted, a lot of the tracks SUCK in terms of quality, but, hold on...I"M A FAN. I don't care. If the songs would come out with professional mastering/packaging with good quality sound, hell yah, I'd buy in a heartbeat. They don't exist tho'...so you tell me...what's the options?

      --
      Don't park drunk, accidents cause people.
    3. Re:Impossible to correlate properly by Anonymous Coward · · Score: 0

      Suffer.

      Take the pap the RIAA offers you or go without.

      At least, that's what they'd say. And that's what they want for you.

    4. Re:Impossible to correlate properly by 16K+Ram+Pack · · Score: 1
      There's two things I want to buy..."Music Madness" by Mantronix and "We'll be right back" by Steinski and Mass Media.

      Neither are available on CD, and the former is deleted on all formats, so would require me to shell out a small fortune to buy secondhand.

      For producers to expect people not to download or pirate when there's no legal choice is ridiculous. Make them available, and you've got a position to defend.

    5. Re:Impossible to correlate properly by MrAngryForNoReason · · Score: 1

      Yes it would truly be a crime to kill the thriving market of music that has discontinued to be sold!

    6. Re:Impossible to correlate properly by Ronny+Cook · · Score: 1
      I don't download music tracks... and buy very little music, because I'm reluctant to buy music which I don't know is good, and without exposure I don't know what's good. There's certainly some truth to the contention that sharing music = exposure = sales.

      That said, the argument that "I download tracks that are not commercially available, and so that doesn't affect commercial album sales" isn't terribly defensible. There's something called the substitution effect: if you didn't download the otherwise unavailable material, you would probably be more inclined to actually spend money on those tracks that are commercially available. It's likely that exposure leading to sales eclipses this effect in the music industry, but proving that point isn't quite as easy as stating it.

      Then there are those who refuse to buy commercial music because it gives money to the RIAA. Way to make the "enemy's" point for them, fellas.

      ...Ronny

    7. Re:Impossible to correlate properly by slycer9 · · Score: 1

      Your argument really doesn't hold water in the context of the discussion, for one main reason.

      The point was those of us who download bootlegs/unreleased tracks IN ADDITION TO the commercially available stuff.

      None of us are saying that we ONLY download unreleased/bootleg tracks, we're saying we download them IN ADDITION TO the stuff we BUY. (Be it CD's, iTMS, etc)

      Do we show up on the radar as pirates? Sure. Are we tho'? Really, are we?

      I download what I download because there's only so much commercial music available from the artists I like. It's not an unending stream.

      --
      Don't park drunk, accidents cause people.
    8. Re:Impossible to correlate properly by Ronny+Cook · · Score: 1
      Trying to act as devil's advocate here (except I'm too sympathetic to the "bad guys" - that would be the people breaking the law.)

      Personally I think it's all good as long as everybody winds up better off, or at least no worse off. And I'm fairly sure I said that this is usually the case. But you can bet that telling a judge "but I bought this, instead!" won't get you off a fine. There are times when the law is an ass. Whether what you're doing is morally right is a judgement call. You think it is. I reserve judgement (it's none of my business - unless your actions hurt me in some way, which they certainly don't).

      Are you pirates? Yes. Look it up. "Pirate: One who makes use of or reproduces the work of another without authorization" (courtesy of www.dictionary.com.) Does it matter? Not to me. It does to the RIAA. It probably doesn't to you (although you seem mighty touchy about it).

      The RIAA (and ARIA) don't want me to (illegally) sample their wares. So I don't. But they would probably be better off if I did.

  24. What a crock by Overly+Critical+Guy · · Score: 1, Insightful

    ...and doing this doesn't harm anyone.

    Of course it does.

    Better that we tell the industry what our resistance is really about: We reject the government's copyright system that makes Federal authorities into thugs that enforce the music companies' restrictions of our freedom to spread information to whomever we want.

    BS. Ask the average Kazaa downloader why they download music. Because it's there and it's easy! It has nothing to do with some sort of revolutionary movement. It's all about convenience, nothing more.

    Maybe on Slashdot, it's something different, but that's because Slashdotters feel the need to build everything up into things they're not (for instance, this article, which is nothing more than a four-paragraph description of the local New Zealand music scene).

    --
    "Sufferin' succotash."
    1. Re:What a crock by Coryoth · · Score: 1

      BS. Ask the average Kazaa downloader why they download music. Because it's there and it's easy! It has nothing to do with some sort of revolutionary movement. It's all about convenience, nothing more.

      Which raises an interesting point - if the New Zealand Government really wanted to help boost New Zealand music (which they have said they wish to so, including mandating airtime for NZ music on local radio) then perhaps they could help set up a nice, easily searchable, repository of local music for download. Local bands could submit a track or two for download. It increases exposure, and provides the convenience factor. Why not go the whole hog and include music videos too?

      Yes, it means the artist won't sell that track as a single, but it may well significantly boost their album sales. Plus the download rate rankings could give local radio stations a nice gauge on the popularity of local bands.

      Worth a try?

      Jedidiah

    2. Re:What a crock by (void*) · · Score: 1
      BS. Ask the average Kazaa downloader why they download music. Because it's there and it's easy! It has nothing to do with some sort of revolutionary movement. It's all about convenience, nothing more.


      Yes, it IS about convenience. But just becuase it is convenient, does not make it automatically wrong. It is wrong only in the sense that it is legally wrong. However, morally, one can make very convincing arguments that it is not theft. All the moral posturing comes ONLY from two sources: that it is legally disallowed, and the label of calling THEFT.


      In this sense, IT IS A REVOLUTION. The revolution is in the minds of the people who keep equating legally wrong with morally wrong, confused about theft, refusing to see that their minds are tied up in a confused knot.


      Grow up and recognize as we who accept the implication of the Turing Machine in all it's glory that it is there is no such barrier to copying. At this level, it is just about the law and who should we give our respect to. The creators and that's all. This conclusion was there all along, it is not a revolution. It is only in the minds of those who refuse to accept this digital reality, and have a lot of relearning to do about the fundaments of property rights.

    3. Re:What a crock by danila · · Score: 1

      BS. Ask the average Kazaa downloader why they download music. Because it's there and it's easy! It has nothing to do with some sort of revolutionary movement. It's all about convenience, nothing more.
      Ask the average American why you wanted independence. Ask a Russian peasant why they wanted to overthrough Czarism, ask a French why they wanted to overthrough absolutism, ask English bourgois, why they didn't like the king... The answers would be money, taxes, right to own land, don't want to go to war, want freedom of enterpreneurship, etc.

      SImple, banal and down-to-earth things, but you would be wrong claiming these weren't revolutionary movements. Same with KaZaA. An average person is a very pityful creature, but he can still be a part of a revolutionary social process - a transition to a copyrightless world.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
  25. Causality link by Coryoth · · Score: 4, Insightful

    As many have pointed out - there's no good causality link here. It's equally likely that local music is more pirated _because_ it is more popular.

    If I was to try and pin some causality to the rise in popularity of local music in NZ, I would say that the Governments request (with threats of legislation) that NZ radio stations fulfill a certain quota of airtime to local music has been a huge boost. And it links in timewise quite closely with some of the rise of popularity of local music. Mostly though, that is simply down to exposure. As noted in another post, local music gets lost amidst the larger marketing budgets of major overseas labels. I'm also not a fan of the government mandating local content quotas - I would prefer the radio stations choose to do that themselves.

    My point is, simply, that greater exposure is what has boosted local music sales. Internet sharing of music is another way to increase exposure. That doesn't mean, of course, that I would advocate piracy - but perhaps local artists who would like to get known should release some tracks under a license that allows copying. Hopefully they already do.

    Jedidiah.

  26. Seen it... by Raynach · · Score: 3, Insightful

    We've seen this already with games sales in China.

    --
    - A
  27. Re:in other news by Anonymous Coward · · Score: 1, Informative

    water is wet

    It all depends on what state it's in, wise guy... I bet you won't say it's wet when it's -200 degrees Celsius.

  28. alright i've screwed up twice now.. by gangien · · Score: 1

    that should not make it illegal

    this hsould be,

    that should not make it legal

    as the previous reply to my post pointed out, and I aggree with him.

    2 errors in one thread one correcting a previous error, I should be an editor ;) (sorry, I loves you guys really)

  29. Agree - by Ieshan · · Score: 1

    I think we should make a big sign on the front page of slashdot submission utility that reads "Correlation does not Equal Causation.

    I'm not sure how many times I have to read articles like this a day, but here's an example that everyone understands: "There are more deaths by drowning in swimming pools during the summer months. There is more ice-cream consumed during the summer. Therefore, it can be proven that Ice-cream causes deaths by drowning."

    We need to look at factor 3 in the above case (it's hot!), just like people need to look at factor 3 for the music sales / piracy ratio (the bands are popular!).

    There's no link between music piracy and sales that's been proven on a causal level. Why? Because it's impossible to prove causal relationships from studies with no variable manipulation. Case closed.

    1. Re:Agree - by happystink · · Score: 4, Insightful

      The problem with adding that to the slashdot submission utility is that the submitters/editors wouldn't actually be able to see it because of their crazy myopia where any news story at all that is somewhat related to any of their pet causes automatically becomes proof of them. Here are 2 situations I can imagine coming up and the slashdot spin on them:

      1. Major record companies report record profits
      slashdot spin: "See, ever since P2P has been thriving, sales have gone UP! GET WITH THE PROGRAM STUPID RECORD COMPANIES"

      2. Major record companies report record losses
      slashdot spin: "The stupid record companies have to get with the program, of course noone is buying cds when they cost too much and with P2P thriving. They need to change their model and offer high bitrate non-DRM downloads for very very low prices! GET WITH THE PROGRAM STUPID RECORD COMPANIES!"

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    2. Re:Agree - by Anonymous Coward · · Score: 0

      +10 insightful! This is a great sign of a zealot - spinning any news to match your agenda.

    3. Re:Agree - by Jonathan+Platt · · Score: 1

      You can't force someone to change their business model. I see it the other way, you start obeying the law, and purchasing music, and record companies will be able to start charging less because sales are going up and so the bulk of the expences which are fixed will have a smaller affect on each CD.

      --


      VENI, VIDI, VICI, DIXI
  30. blue light special by harriet+nyborg · · Score: 0, Flamebait
    wallmart reports shoplifting increases sales.

    "we're definitely seeing an increase in traffic through the store which is good," said a wallmart spokesman, hal dumbdoilook, "people steal something off the shelves, and if they like it, they usually come back and pay for it later."

    "this year, we are encouraging wallmart customers with our steal for the holidays campaign."

    "this strategy is based on our belief in the moral integrity of each and every wallmart customer."

    1. Re:blue light special by Iceparr0t · · Score: 2, Insightful
      Yeah, if this was true, Walmart would certainly encourage shoplifting. Walmart is the one of the most succesful companies in the world, mostly because it understand what consumers want (cheap stuff) and is relentless at getting it for them. If shoplifting increased profits for them, they certainly wouldn't do anything to stop it, as Walmart is buisness savvy enough to understand that profit is profit, regardless of the "principle". However, shoplifting DOES NOT increase profits in any way, as it directly costs the store real money. Moral integrity be damned. Corporations are driven by profit. They only support moral integrity when it helps them out (and that's fine with me).


      Beside the point, I think that most people (myself inculded) have a hard time correlating PHYSICAL goods, which cost money to produce each and every one, and DIGITAL goods, of which an infinte number of copies can be made with no direct cost. This is the inherent difference, and why many people have zero guilt about copying songs, software etc. Sure, it cost money to produce the good, but the copies are free, and that fact cannot be changed, regardless of what the RIAA would like to believe. If it was no longer profitable to produce music, then music would stop being produced, but this is obviously not the case. I'm sure this argument has been made many times, but somehow people like to think making a copy directly costs somebody money, when it in fact is completely free, and is in no way related to shoplifting anymore than spam legislation is related to my spam count going down.

      --

      Doesn't everybody love femtoseconds?
    2. Re:blue light special by freakmn · · Score: 1

      Normally, I would think that was funny, but I just had my car broken into and many gifts stolen from my local WalMart's parking lot, no joke...

      --
      warning: This post is likely to contain gobs of dripping sarcasm. Consume at your own risk.
    3. Re:blue light special by harriet+nyborg · · Score: 0, Troll

      Icepar0t, please download a clue. you have zero guilt in the same way michael jackson has zero guilt. just because you think it's ok doesn't mean that other members of society have a problem with it.

    4. Re:blue light special by Iceparr0t · · Score: 1
      Thanks for the wonderful troll! Once again somebody brings up a CRIME to compare to the copying of digital music. I fail to see how Michael Jackson harming another person directly correlates in anyway to copying music which has no DIRECT harm to anybody. I'm not claiming I have zero guilt here about copying music. I've bought many a CD based on downloading mp3s, partially on guilt about not supporting an artist I love. However, I'm claiming that there is an inherent difference between physical and digital goods. Do you think for a moment, that if people could make copies of computer chips, in their own home with a "Physical copier", and then give them to friends, for free (or at no cost to anybody but themselves) that most people would feel guilty about that? Heck, people do just that all the time. Copying music is closest in relation to somebody making a copy of a designer dress for themselves. Sure they are "stealing" the "design genius" of a top level designer, but it didn't cost the designer one penny (because this person was never going to buy that designer dress, period).

      We've all been trained that stealing is wrong because SOMEBODY had to pay for it, but music has entered a weird gray area where one can steal music and never find a direct correlation where somebody has to pay for it, and thus fail to ever see where what they did is wrong. Sure, there is the argument that digital music costs artists money and that they will stop making money, and thus music, if we don't stop copying. However, I dare anybody to find one artist who has been forced to stop making music because of a high download of their mp3s. In fact, the opposite is true! The most popular, money making artists, have by far the most downloads of mp3s. Again, this relationship may seem to be biased, but it is no less proveable than the reverse argument, which is also biased.

      --

      Doesn't everybody love femtoseconds?
    5. Re:blue light special by Iceparr0t · · Score: 1
      In some instances, piracy can actually be more damaging than traditional theft...To him, the theft is clear and the harm couldn t be more real.

      This is exactly the point I am diputing. I agree that if piracy could be directly linked to a loss of sales for a developer, then that developer has legal recourse against said pirate (most likely in a civil court). However, it has NEVER been made clear in anyway how piracy has a direct link to profits/sales of a given product, and most likely never really could. This is quite opposite in the world of physical goods where these links are obvious and infalliable. This is EXACTLY where the grey area lies. The DOJ doesn't even go so far to claim that if copies are made that cause no harm that it is still theft. They do say "conduct that triggers the criminal statutes is analogous to theft", but don't even remotely try to claim that which acts fall under this statute. Instead, they try to make the case that there is a hidden theft that nobody can see but the artist.

      This is a reason why there have been zero (or very few) CRIMINAL cases brought against music pirates. While the DOJ may be convinced that they could bring pirates to "justice", nobody has been willing to bring this into a criminal court, for fear that a Judge (whose opinion matters far more than anybody in the DOJ) may interpet the idea of theft as it pertains to copying differently. Thus, most (if not all) of the music piracy cases have been CIVIL, where the settlments vastly underearn what the RIAA would need to make them profitable.

      Since these cases have been in CIVIL court, I would recommend that the RIAA at least consider the fact that piracy may in fact be helping them, and the artists they (teninously) represent. It is similar to speed limits and Oil companies. I don't see Oil companies saying "Keep people from speeding over 55 so they use less fuel efficient", because it HELPS their company, even though it is ILLEGAL. I would just like people to consider the idea that these public relations nightmares (like sueing people who don't own computers) may be cutting into profit more that piracy does.

      Finally, while I appericate the suggestion of finding a conscience, I think my sizeable (fully paid for) CD collection can speak for itself. I have always supported those bands/artists that I enjoy listening to, as I would like them to continue producing music. If it was up to the RIAA, there would be no such thing as "fair use", nor would there be any copyable digital formats allowed. However, once people, like say, CONSUMERS, get invovled, and start waving dollar bills around, the picture becomes more tricky.

      --

      Doesn't everybody love femtoseconds?
    6. Re:blue light special by harriet+nyborg · · Score: 1
      Iceparr0T i think you're missing two points here:

      However, it has NEVER been made clear in anyway how piracy has a direct link to profits/sales of a given product, and most likely never really could.

      well, the copyright owners, represented by the evil RIAA, are making exactly this argument - apparently not to your satisfaction though.

      there has been a 20-30% decrease in CD sales over the same period of time that there has been an substantial increase in downloading activity.

      obvious cause and effect according to the RIAA, but according to your argument CD sales should have increased - not decreased - due to the publicity from increased filesharing.

      i think your argument is far more difficult to defend. if what you're saying is demonstrably true why wouldn't the profit-driven RIAA support filesharing? or is it just a control thing with them and they don't really care about money?

      They do say "conduct that triggers the criminal statutes is analogous to theft", but don't even remotely try to claim that which acts fall under this statute. Instead, they try to make the case that there is a hidden theft that nobody can see but the artist.

      a victimless crime Iceparr0t, like punching someone in the dark?

      or a criminal offense, as described in Title 17 U.S.C. 506(a)?

      Criminal Copyright Infringement

      Willful copyright infringement committed:

      for commercial advantage or private financial gain, or

      by reproducing or distributing, in any 180-day period, works with a total retail value over $1,000

      Punishment can be up to 5 years in prison and $250,000 fine.

    7. Re:blue light special by Iceparr0t · · Score: 1
      there has been a 20-30% decrease in CD sales over the same period of time that there has been an substantial increase in downloading activity.

      What a wonderful quote! I'd love to see some facts. Most of the estimates I have seen have quoted MUCH smaller losses (2-5%), which could easily be attributed to say, the large unemployment percentage in our country over the last 2 years, and the overall decrease in retail sales. I will try and find some numbers if you will. Beside the fact that in the ARTICLE, the NZ record labels reported a large increase in local music sales, which seemed to be accompanied by a large increase in download of said CDS (strangely enough to them).

      for commercial advantage or private financial gain, or by reproducing or distributing, in any 180-day period, works with a total retail value over $1,000 Punishment can be up to 5 years in prison and $250,000 fine.

      I agree wholeheartly that somebody who is downloading music for finacial gain (downloading mp3s and then selling the cds at a cut cost) is certainly a criminal, as the only enties who are allowed to make money from the sale of music is the artist/artists representitives. However, 99.9 percent of those who are downloading music are not doing it for financial gain in any way and never receive one (unit of money) for the music they download. One COULD argue that the music files are a "financial gain", but that is a tenious argument at best.

      a victimless crime Iceparr0t, like punching someone in the dark?

      Be careful how you throw around the word CRIME. I was just pointing out that not even the DOJ was willing to try and define exactly what the crime was in these cases. Again, because of the wording of the Criminal Copyright laws, there haven't been any CRIMNAL cases being brought against people, only CIVIL cases, which means that copyright infringment is not being treated as a CRIME.

      --

      Doesn't everybody love femtoseconds?
    8. Re:blue light special by Iceparr0t · · Score: 1

      I found an article that quotes more accurate figures for 2002. This Zdnet.com.com article quotes a 7% global loss in CD sales in 2002. However, not even this loss in sales (not even considering the fact that the US was in a serious recession at the time) can be attributed very directly to piracy, since DVD sales increased 61%, possibly showing that there is instead a shift in what people are spending their entertainment money on, as they view DVDs as a better value for the same money.

      --

      Doesn't everybody love femtoseconds?
    9. Re:blue light special by harriet+nyborg · · Score: 1
      copyright infringement not being treated as a CRIME? au contraire mon frer.

      The US DOJ has recorded a substantial number of FELONY copyright prosecutions.

    10. Re:blue light special by Iceparr0t · · Score: 1
      copyright infringement not being treated as a CRIME? au contraire mon frer.

      So you can speak French (or pretend to), but somehow you can't read English. I am not claiming that copyright infringement, as it is defined ( as somebody getting "commerical advantage" or "financial gain" from copyrighted materials which they do not have the right to) should be legal. I AM claiming that somebody who downloads music -- and in no way gaining any financial gain from it -- is not a criminial.

      As far as I know, in every Felony copyright prosecution (at least relating to music), the people invovled were directly getting financial gain. I sampled 8 of the cases listed (and would have done more, but the site is horribly slow) as "Film/Music" and in every case the people invovled were making money from the sale of pirated goods. Thus, your very nice link, while being useful, does not help your argument. Sure, copyright infringement is a crime. People are often prosecuted for everything from selling pirated music to counterfeit handbags, but the important point you are seeming to miss (which is KEY) is that music downloaders by and large are NOT getting financial gain from downloading music. Thus, I would argue that they do not fall under criminal copyright infringment laws, and explains why there have not been CRIMINAL cases being brought against music downloaders, because they aren't criminals.

      In a civil case, one needs to show that the actions of another person/entity has in some way caused damages that need to be compensated. The RIAA has often tried to prove this, but generally by using misinformation to bolster its case against piracy, rather than looking at the many other factors which are responsible for hurting its sales/profit. Thus, one has to at least question the validlity of these civil cases until the RIAA can show defintive proof of how much each pirated song actually costs them (if anything).

      --

      Doesn't everybody love femtoseconds?
  31. anti-RIAA stickering by chatooya · · Score: 5, Interesting

    in store stickering of major label cds:

    "WARNING: this record label pays radio stations to keep independent music off the air"

    1. Re:anti-RIAA stickering by Anonymous Coward · · Score: 0

      That's funny stuff. The crowning touch is when they return the camera to walmart.

      My (middle-aged) hat is off to those guys.

    2. Re:anti-RIAA stickering by Anonymous Coward · · Score: 0

      I'm cheering for these guys, but aren't photographs of yourself doing that stuff kind of a liability?

    3. Re:anti-RIAA stickering by Anonymous Coward · · Score: 0

      OMG, this is going to hurt...

  32. The Baen Sci/Fi library has already proven this... by |>>? · · Score: 1
    Their free library has a large range of complete books online. While they are not being distributed via piracy, they increase the sale of books. Eric Flint setup the library with the consent of Jim Baen and in his Palaver corner, shows the impact of such free distribution.


    I use the library because I'm travelling around the globe and I can afford to store 40 electronic books - they all fit on one memory stick in my Clie, but I cannot afford to carry my complete paper based Sci/Fi library around the place.

    --
    |>>? ..EBCDIC for Onno..
  33. For now at least... by Anonymous Coward · · Score: 2, Insightful

    My guess is that sales are up for both legal and illegal copies, but only temporarily. Eventually pirated ones will replace legal ones.

    I'm not saying this through the top of my hat, I went to China and there, even stores sell only illegal copies!

    It's nice to try saying your pirating is ok, but it's not; the governments and record companies are right.

    1. Re:For now at least... by gangien · · Score: 1

      It's nice to try saying your pirating is ok, but it's not; the governments and record companies are right

      You know, there's a difference that a lot of people seem to overlook. There's doing the right thing, which would be something that's morally tolerable. Then there's doing the legal thing, something that's legal. These two things overlap sometimes, especially in situations like these, where, loss of profit/items is not really tangible or calculable in any valid form. I don't consider downloading illegal mp3's right, nore do I really consider it wrong. I do definatly consider it illegal however. I also consider RIAA suing downloaders and i believe threatening to raise the settlement by 50k if the defendant so much as files paperwork, wrong. Not from a legal perspective, but from a moral perspective and even a buisness perspective. The fact is no one really knows how much piracy helps or hurts music. There are people, who would never buy something, but downloaded an mp3 loved it, then went out and bought it. I personally think I am more likely to do something like that. But then there's also plenty of people who would bye the cd, but won't now because they can have it free. where it all averages out to be, NO ONE knows. it's all guessing and speculation.

  34. Simple by Anonymous Coward · · Score: 0

    The slashdot editors are so damm dumb, they wouldn't know shit if it came right out of their asses.

  35. The number of dollars "lost" is always inflated by Anonymous Coward · · Score: 5, Insightful

    The music industry apparently figures out the amount of money lost by piracy with the following formula:
    Amount of money made = $X
    Amount of money I think I should have earned = $Y
    Amount lost to piracy = ($Y - $X) + $C, where $C is some large constant.

    Unfortunately for the music industry, demand for music is sensitive to price. A lot more people will listen to a lot more music if the price is cheap than they will if it is expensive -- raise the price too high and you will see entertainment dollars flow to movies or computer games or kegs of beer. You can't just say "A billion songs were traded last year, so at a buck per song we would have made a billion more dollars without piracy." Even if the RIAA had absolutely perfect content protection and people were so law-abiding they hesitated to cut the tags off mattresses, the amount the recording industry would have gained would be a tiny fraction of the amount they are claiming -- and with some artists, especially the lesser-known ones, they would actually lose sales since no one is going to spend fifteen bucks on an artist they have never listened to.

    1. Re:The number of dollars "lost" is always inflated by slycer9 · · Score: 1

      Just for the record, it's not against the law to remove the tags from mattresses as long as you own them.

      (Personal pet peeve of mine, sorry...)

      --
      Don't park drunk, accidents cause people.
    2. Re:The number of dollars "lost" is always inflated by Tokerat · · Score: 1

      Just for the record, it's not against the law to remove the tags from mattresses as long as you own them.
      FSCK! I've been hiding out all these years for NOTHING??!?!?!?
      --
      CAn'T CompreHend SARcaSm?
  36. President Dubya says: by Anonymous Coward · · Score: 0

    "My fellow Americans, I am pleased to tell you the RIAA just purchased legislation which outlaws New Zealand forever. The bombing begins in five minutes."

  37. logical falacy by null-sRc · · Score: 1, Redundant



    corrolation proves nothing.

    ie:

    murders occur while the earth is spinning.

    therefore murders are caused by the earth's rotation.

    OR

    music piracy is high, so is profits from sales, therefore piracy causes profit?

    yeah that proves it? *shrugs*

    --
    -judging another only defines yourself
  38. This is just silly by rsilvergun · · Score: 4, Insightful

    the trouble with online music piracy is it doesn't just threaten the industry's sales, it threatens their control over distribution. Put simply, why would the music biz tolerate music piracy for a modest increase in sales when they could use their strangle hold over distribution for a massive increase in sales? For profit's sake the music industry ought go on doing what it's been (crushing pirates and stuffing digital restrictions down people's throats while screwing artists). That's gonna pay off a lot more in the long run.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  39. RE: KHAAAAAN! by Anonymous Coward · · Score: 0

    KLINGON BASTARD you killed my son!

  40. NZ, gotta be said by Anonymous Coward · · Score: 0

    Anti-Nuclear free sheep.

  41. Being a Kiwi.. by Anonymous Coward · · Score: 0

    I always purchase NZ sounds over the counter and never send copies aside from compilations.

    Anything else, well..

  42. ...poop by ronaldyang · · Score: 0

    I don't know who cares what New Zealand thinks. They don't even have vegemite-- they have "vegemite food"

  43. cycle by Catskul · · Score: 4, Funny

    Its a..*sniff*... visious cycle....*sniff* :,(

    --

    Im not here now... Im out KILLING pepperoni
    1. Re:cycle by davemonkey · · Score: 1

      It can also .. . ewww ... be viscous.

      --
      Erratically brilliant or brilliantly erratic, I just haven't figured out which yet!
  44. Let's remember that...Side (D)effects. by Anonymous Coward · · Score: 0

    And in other news. Murder for Hire boosts sales for the funeral industry. Therefore Murder for Hire is OK.

    And in other news. Invading foreign countries is good for Bush's cronies. Therefore invading foreign countries is OK.

    And in other news. Smoking while pumping gas is good for the hospital industry. Therefore smoking near gasoline is OK.

    And in other news. Wearing steaks strapped to your body while working in the lion exhibit is good for the meat industry. Therefore the meat industry will send flowers to your funeral, in appreciation of all your hard work.

    Wearing tin-foil hats during a lightning sorm is good, for everyone else. Therefore please continue to wear tin-foil hats during lightning storms.

    Thanks, The Managment.

  45. Don't use the word "piracy". by (void*) · · Score: 1

    Call it advertising, exposure, building a name for oneself and the band. Branding, etc. Authors, academics. painters all have to do this if they want to make a living off it anyway, perfectness of the distribution system nonwithstanding. With the internet, this system will be more perfect, more efficient so that's one less barrier to fame. Why should musicians be different?

  46. Who cares how much it increases sales? by 71thumper · · Score: 1

    Regardless of what it does or doesn't do, copying music isn't right. The concept of "it's good for them, so it should be okay" is total baloney.

    Businesses are allowed to make mistakes that lead them into bankruptcy.

    Here's the fact. Copying music is wrong. Anything else is a lie.

    1. Re:Who cares how much it increases sales? by Anonymous Coward · · Score: 0

      Jesus asked us to share everything.

      That includes the music we buy...

      In heaven, there's no copyright.

    2. Re:Who cares how much it increases sales? by Anonymous Coward · · Score: 0

      "Here's the fact. Copying music is wrong. Anything else is a lie."

      No, copying music may be illegal in certain circumstances, but its *never* wrong.

      If my friends or family want a copy of a CD I have, I give them two. Its the *right* thing to do.

    3. Re:Who cares how much it increases sales? by Anonymous Coward · · Score: 0

      OK. Apparently we all "just know" this, but amaze me and tell:
      WHY it is wrong

  47. You *DID* get fooled again by alizard · · Score: 5, Insightful
    This is for the people repeating the RIAA whines about piracy = theft.

    Looks like you've let the *AA slide YET ANOTHER ONE past you. People are taking the RIAA "stolen goods" crap at face value. Perhaps the astroturfers I've seen around here have managed to spread some disinformation.

    128K MP3s are FM broadcast quality (by definition) promos. The business model has one big difference from FM. The users are storing music promos at their own expense and serving up copies using their own bandwidth.

    The only differences between taping MP3 promo tracks being played back over a wireless analog channel, like an FM radio and downloading identical MP3 promo tracks off the Net is that one is illegal and the other isn't. Does listening to 128K MP3-quality tracks displace sales? Why would the labels be paying to have them broadcast if they did?

    Either works for promoting records. The digital version is illegal because the *AA organizations paid off a bunch of politicians to make it illegal. As for morality, some people think getting law in exchange for campaign contributions is immoral.

    Sales aren't displaced by MP3 downloading, they're driven. That's why indie musicians release their own stuff for download on MP3. Not because of generosity, but because they want people to buy their CDs and higher-than-broadcast quality digital tracks at iTunes.

    The most downloaded album on Kazaa was the last Eminem CD, "pre-released". People were waiting to buy it so they could get a higher quality music experience than they could get off broadcast quality CDs.

    Records are sold when people hear enough of what's on it to decide they want a high-quality copy for their own listening. Nobody hears it? Nobody buys it. People hear it, whether on FM, P2P, or via FM radio, people might buy it. What's so hard to understand about that?

    Why is the digital version illegal? Record companies want exclusive access to media channels suitable for broadcasting promotional reduced-quality audio tracks to the general public. So they paid a bunch of politicians to make it that way. Just because it's legal doesn't necessarily make it right.

    The only damage done to legit artists by MP3 is that fewer people buy CDs by mistake anymore. People who like a specific band are likely to check out the new album by buying it. If they've heard all the tracks, they aren't going to buy if they find the one good song is the one on the radio and the rest is filler. What's wrong with that? Record labels do not have the holy right to profit at our expense by selling us crap we wouldn't buy if we knew what was on those shiny discs in advance.

    That's why the MP3 downloads from networks like Kazaa are being tracked by places like Big Champagne. To find out what bands are most popular in a kind of real-time readout simply impossible via traditional radio end user polling methods used to find out what music end users are. Arbitron's every few days or month. MP3 downloads are realtime.

    If THE RECORD INDUSTRY didn't think P2P downloads caused CD sales, why are they using Big Champagne tracking info to run marketing campaigns? If low-quality promo downloads automatically killed the market for the CDs they're taken from, all they could find out from the tracking info is who will not be buying their records. If an album were getting millions of downloads, it would be time to pull the plug on marketing and write off the investment because everyone who wanted to hear it's got it on the hard drive and in their MP3 player. Funny that it isn't happening that way, isn't it?

    Or maybe you guys are reacting instead of thinking to RIAA disinformation and conflating a law (AHRA) created via political campaign contribution with morality.

    If you gave public policy issues the kind of concentrated thought you give your software when a program blows up in your face, you might be able to make sense of a lot more of what is going on around you.

    While correlation isn't ca

    1. Re:You *DID* get fooled again by value_added · · Score: 2, Interesting

      Nicely said! I'm reminded (again) of Jack Valenti's warning, "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone."

      Or without the High Crimes and Misdemeanors metaphor:

      "And 6 out of 10 films do not retrieve their total investment period. Now, what are you going to do right on top of that? There is going to be a VCR avalanche. Exports of VCR's from Japan totaled 2.57 million units in 1981. No. 2, the United States is the biggest market. No. 3, February 1982, which is the latest data, shows the imports to the United States are up 57 percent over 1981. This is more than a tidal wave. It is more than an avalanche. It is here.

      Now, that is where the problem is. You take the high risk, which means we must go by the aftermarkets to recoup our investments. If those aftermarkets are decimated, shrunken, collapsed because of what I am going to be explaining to you in a minute, because of the fact that the VCR is stripping those things clean, those markets clean of our profit potential, you are going to have devastation in this marketplace"

      Devastation here we come ...

    2. Re:You *DID* get fooled again by Tim+C · · Score: 1

      Perhaps the astroturfers I've seen around here have managed to spread some disinformation.

      Hey, maybe you can tell me - why is it that people on slashdot have taken to labelling anyone whose opinion they disagree with an "astroturfer"? Why is it so hard to accept that some people simply do not believe what you believe, and that they're not just saying what their employer is paying them to say?

      It's no more than a slogan, used to assault on everybody's civil rights on cyberspace

      I do not have the right to distribute copyrighted material without the copyright holder's consent. Preventing me from doing so id not an "assault on my rights", as it's not a right I've ever had.

      Now, trying to shut down P2P networks entirely would be an assualt on (one of) my rights, but that's not what's happening.

      Just to cut out independent competition for the purpose of preserving an obsolete business model a few years longer. In what way is that a legitimate public policy goal?

      Of course it's legitimate, from their point of view - they're trying to preserve their profits, that's the entire reason they exist. This is what happens when you let companies get too powerful - they will enevitably act in their own best interests, regardless of what would be in the public's best interests. If the companies are small/weak, that's fine. If they're big/powerful, there's more chance they'll be successful, to the detriment of everyone else.

    3. Re:You *DID* get fooled again by alizard · · Score: 1
      Nicely said! I'm reminded (again) of Jack Valenti's warning, "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone."

      The reason that the MPAA is using the RIAA as an attack dog is that they're next. The price of the technology needed to make a feature movie is dropping fast, to the point where the next aspiring Spielberg or Lucas at the UCLA film school might decide to find some angel investors and make his first commercial release direct to DVD and promote it over the Internet... rip his own movie to DivX and put it on the Net, chancing that people will like it, find the URL which is VERY PROMINENT in the film, and buy the DVD.

      He (or she) makes a modest amount of money, and his next stop is a couple of A-List actors... cutting them in to big percentages instead of big bucks up front and is talking to movie theater chains himself about distribution.

      If filmmakers don't need the Hollywood machine to make a living, where are the studios going to find good directors in future?

    4. Re:You *DID* get fooled again by shark72 · · Score: 1
      You missed a few crucial distinctions between MP3 files and the radio:
      1. Once you've downloaded an MP3 file, you can listen to it any time you want -- just like a CD.
      2. When you hear a song on the radio, the artist (not the record company) has gotten paid for the priveledge. When you download an MP3 file from a P2P network, the artist gets nothing.

      Regarding causation, it's anecdotal, but everybody I know who's active on the P2P networks openly admits that they download MP3 files to avoid paying for CDs, and not one of them would say that they actually buy more music because of this. In short, they freely admit to being pirates and don't try to wrap their actions in some sort of noble purpose. I really don't think my friends are the sole exceptions in a world full of people who are using Kazaa as a springboard to buy more CDs.

      Of course, it would be nice if it were true -- with the explosion in P2P downloading over the past few years, music sales would have exploded accordingly, as Kazaa turned these downloaders into buyers. The record industry would have seen a rennaisance of unprecedented proportions, and they would not have felt the need to start suing pirates. But that didn't happen. In fact, sales have imploded. If there are people out there who buy more music as a result of piracy, they're not out there in numbers that are big enough to make a difference.

      --
      Sitting in my day care, the art is decopainted.
  48. Editors need to read the links before posting by Anonymous Coward · · Score: 3, Insightful

    Let me quote the text relevant to illegal copying: "But Tizard warns that while sales of local music are high, so are illegal copies of New Zealand albums. She says piracy and copying of CDs and cassettes is estimated to cost the music industry $40 million a year." That is it. No more information than that.

    The /. editors need to read the links before they post. There is nothing -- no surveys, no time line analysis, no reasoning -- to indicate that there is any causal relationship. The more rational explanation is that those songs that are liked most will be bought more and copied more.

    Damn it people. Use your fucking brains for a minute.

  49. that's exactly how MS became so popular by Anonymous Coward · · Score: 1, Interesting

    same idea with software. consider MS in its infancy. because of piracy, more and more people had access to their programs. although i shudder to say this, their programs arent' that bad, and hence, adoption rate for MS products skyrocketed. now that they have critical mass, they are striking back at the very thing that made them the de facto standard for everything --- piracy!!!

  50. blue light special-Side-mirrors. by Anonymous Coward · · Score: 0

    "Beside the point, I think that most people (myself inculded) have a hard time correlating PHYSICAL goods, which cost money to produce each and every one, and DIGITAL goods, of which an infinte number of copies can be made with no direct cost."

    That's proably because most of the audiance has never produced something that the masses would pay for. Or tried to eek out an existance from, drawing, writing, painting, or the thousands of other stuff that a creative spirit brings. It's kind of hard to notice the tightness of someone elses shoes, from the comfort of our own.

    "This is the inherent difference, and why many people have zero guilt about copying songs, software etc. Sure, it cost money to produce the good, but the copies are free, and that fact cannot be changed, regardless of what the RIAA would like to believe."

    However like physical goods an original is seldom enough to cover all the costs of producing it. Therefore "copies" do have a cost.[1] It just doesn't have the "costs" you want it to have.[2] The "understanding" it was released by the artist under[3]

    "If it was no longer profitable to produce music, then music would stop being produced, but this is obviously not the case."

    Actually it's not obvious, hence people's complaint with the article. Also most economic and social systems have a certain degree of slack to them that tolerates deviations. That's why a single murder doesn't bring the system down. A single pirate isn't going to change the world that much.

    "I'm sure this argument has been made many times, but somehow people like to think making a copy directly costs somebody money, when it in fact is completely free, and is in no way related to shoplifting anymore than spam legislation is related to my spam count going down."

    Then I suggest you give all your efforts away, then tell us if there are any costs to you? I'm certain reality will do it's damdest to accomodate you.

    [1] OK everyone. New economic model. Charge the millions that LOTR cost to one DVD. Now who will be the the exceptional soul that will buy it, and let "free" copies be made. Oh come now, it will have no "direct" cost to you, so give it up already.

    [2] Next on Jeopardy. Download, or leave it be, and let market forces set the tone? The fate of an entire society hangs in the balance.

    [3] Copyright is a social agreement, not the terms of slavery. We as a society struck an agreement with certain members of our society, that balances both our interest, and theirs. We get "art" they get commpensated. An imbalance hurts everyone in the long run (and NO piracy does nothing toward correcting this imbalance).

    1. Re:blue light special-Side-mirrors. by Iceparr0t · · Score: 2, Insightful
      That's proably because most of the audiance has never produced something that the masses would pay for. Or tried to eek out an existance from, drawing, writing, painting, or the thousands of other stuff that a creative spirit brings. It's kind of hard to notice the tightness of someone elses shoes, from the comfort of our own.

      Which one of these complaining artists/labels are "eeking out" an existance? The artists whose mp3s are most downloaded are not those who are eeking out anything. Sure it's hard to notice the tightness of somebody elses shoes, when their shoes cost more than my car. Indepedent artists (who one would think would have the most to lose from copying of music) have embraced mp3s and p2p sharing as a way to spread their music without the need for the RIAA labels. Go to http://artists.iuma.com some time.

      "Actually it's not obvious, hence people's complaint with the article. Also most economic and social systems have a certain degree of slack to them that tolerates deviations. That's why a single murder doesn't bring the system down. A single pirate isn't going to change the world that much."

      Yes, but when the system is tolerating millions and millions of "pirates" (as it currently is), one has to at least consider the idea that these pirates are not damaging the system and may be perhaps helping it. At the very least, one has to consider the idea that some, if not most/all of these pirates also happen to be the largest consumers of their product, and attacking them may hurt you more than allowing their "transgressions".

      "Then I suggest you give all your efforts away, then tell us if there are any costs to you? I'm certain reality will do it's damdest to accomodate you."

      I'm certainly not asking musicians to give their efforts away (although most of them do on some scale, which generally is how I decide to buy music). I AM asking the corporations who produce and distribute their music to at least consider the fact that piracy make not be hurting them, and in fact make be helping them make money. Piracy has forced them to embrace portable digital formats and distributions rather than shunning and preventing the technology from existing as they attempted. These are the same corporations who wanted to prevent people from selling used cds.

      "OK everyone. New economic model. Charge the millions that LOTR cost to one DVD. Now who will be the the exceptional soul that will buy it, and let "free" copies be made. Oh come now, it will have no "direct" cost to you, so give it up already."

      If it worked, don't think that they wouldn't jump on it.

      "Copyright is a social agreement, not the terms of slavery. We as a society struck an agreement with certain members of our society, that balances both our interest, and theirs."

      Copyright IS a social agreement, and when a large portion of society has begun to take actions which indicate that they would like to change the terms of said agreement, should they be offered the chance?

      "Next on Jeopardy. Download, or leave it be, and let market forces set the tone? The fate of an entire society hangs in the balance."

      Haha, let's be a little melodramtic here. Next on Jeopardy, what should the RIAA claims it's losses were for the year due to piracy (even without any proof), 20 million, 100 million or 10 BILLION virtual dollars?

      --

      Doesn't everybody love femtoseconds?
  51. from a recent study i conducted... by rcamera · · Score: 3, Informative

    i am just about finished conducting a study on why individuals share music. as part of this study, i also try to find out why people download these files.

    of the following reasons regarding why people download music files in mp3 or similar format:

    1) Cheaper than CDs
    2) More convenient than buying CDs
    3) Not worth buying CD for 1-2 songs
    4) To sample songs
    5) Instant access to songs

    the results indicate that answer 4 is the least important of these reasons - by a long shot. the most important reason was found to be answer 2, followed very closely by answer 5.

    the results also show that the availability of free music causes considerably more people to reduce the amount of cds they purchase - not the widely-viewed, non-sensical concept that seems to be floating around that people buy more cds because of fileswapping. of those surveyed (students attending a technical institute), the feeling that music file-swapping helps sales is widely held, but almost nobody responded to the survey to indicate that they personally did this. everyone assumes that everyone else uses this service for music sampling, but in reality, it seems that this is not the case.

    if you're interested in any more of the research findings, let me know.

    as a side note, how did this so-called 'story' make it to the front page of /.? the /. title and blurb do not actually represent what the article says. not only do /. readers not read the article - apparently the posters don't read the articles they post about either.

    --
    Wave upon wave of demented avengers March cheerfully out of obscurity into the dream
    1. Re:from a recent study i conducted... by cruachan · · Score: 1

      OK, from my own personal study - a sample of one* - I can assure you that my own rate of buying CDs has increased by 5 fold since mp3's became available.

      Example. I now have all Loreena McKennitt's CDs after finding half a dozen tracks by a random search on Kaazaa.

      Example. I have 6 or 7 Dead can Dance CDs after seeing a mention somewhere then downloading a few tracks to sample.

      Example. I just purchased a Mariza CD after hearing several tracks from it as mp3. The irony of that one is that the CD has some (easily fixed) copy protection on it!

      And that's just from the pile on my desk. What's noticable I suppose is that none of these are exactly mainstream. My guess is that you sample is the 'teeny-boppers' downloading Kylie tracks.

      *Aside. I introduced my 13 year old son to Kaazaa a few weeks ago. What's noticable - and without any concious prompting from me - is that he seems to be doing exactly the same thing. For example he was going to get a couple of CDs for christmas but now he's sampled some tracks from other artists he'd heard about he's doubled the number of CDs he's getting at the expense of other items.

    2. Re:from a recent study i conducted... by rcamera · · Score: 1

      right... i sampled the 'teeny-boppers' from a 4-year engineering school. aren't all 20-something-year-old-engineer-wannabees teeny-boppers?

      the point of a survey of a sample of MORE THAN ONE is that unusual behavior is averaged out. this is the reason of conducting a survey of more than one. looking through my results, there are cases where individuals consider sampling to be the most important. on the other hand, there are more individuals that consider sampling to be the least important reason.

      FYI: 78% of those sampled download rock, followed by 76% blues, 70% country (yuck), 59% rap/hip-hop. 'teeny-bopping' was not a genre i asked about, but it was not written in by anyone as their most commonly downloaded genre.

      --
      Wave upon wave of demented avengers March cheerfully out of obscurity into the dream
    3. Re:from a recent study i conducted... by 40000 · · Score: 1

      What I've been doing is getting the latest chart singles with P2P software and then spending money on stuff in record shop that's reduced to clear, even if I've never heard most of the tracks on the CD.

    4. Re:from a recent study i conducted... by hankaholic · · Score: 1

      1. Cheaper than CDs
      2. More convenient than buying CDs
      3. Not worth buying CD for 1-2 songs
      4. To sample songs
      5. Instant access to songs

      Everyone has their own solution-du-jour to the media industry vs. filesharing problem. I'd like to see a solution which allows one to sample lower-quality (96k, say, or mono) music for free, and would allow one to purchase higher-quality versions for iTunes prices.

      If a person decided that an album was worth owning in its entirety, they could opt to purchase it for a reasonable fee (~10 USD). This would allow them instant access to the high-quality version of the tracks, and the online service would mail the physical CD to the consumer at no cost.

      This would be cheaper than buying CDs traditionally (item #1), and consumers could purchase individual tracks as they wanted (item #3) without having to shell out ~15 USD per album.

      The convenience factor (item #2) would be there as well -- you could sample songs (item #4), you would gain gratification at speeds comparable to current P2P methods (item #5).

      If the low-quality versions could be located more easily and reliably than current P2P, people would opt to use the industry-sanctioned delivery methods instead of dealing with less-reliable, less-organized P2P. The physical media could still be obtained, but the end-user would instantly reap the benefits of having purchased the album online (namely, instant gratification).
      --
      Somebody get that guy an ambulance!
    5. Re:from a recent study i conducted... by slycer9 · · Score: 1

      Rap/Hip-Hop pretty much counts as your 'teeny-bopping' genre there...

      I think it's generally agreed that 'teeny-bopping' refers to less than serious music...music that's, 'not really music' if you catch my drift.

      --
      Don't park drunk, accidents cause people.
    6. Re:from a recent study i conducted... by dead+scientist · · Score: 1

      Nice to see facts (or at least statements based on claims of gathered facts, which is a positive step.) As a non pirate, but father of Kiwi kids who do copy (not download) CDs, I see them buy CDs co-operatively and then swap copies. Net observed effect is an increase CD buying. What interests me is that this is female activity: it is juvenile co-operation, prior to having earnings. Any R&D on whether there is a gender difference in the activity?

    7. Re:from a recent study i conducted... by TiggsPanther · · Score: 1

      I know I'm far from a "representative example of the music loving public", but I thought I'd answer to the reasons given in the survery. Starting with the most popular ones...

      2) More convenient than buying CDs
      Damn right. Buying CDs isn't quite as straightforward as one would hope. If you go to a high-street store, what you want isn't always in stock when you go in.
      And yes, online shopping exists. (Its how I personally buy music these days) but thigns aren't always in stock, and then you're at the mercy of shipping. And woebetide if you have crappy postage/delivery and your'e not in the house when they van arrives.[*]

      [*] - I have it on good authority (from a local postman) that the UK Postal Service doesn't have any concrete written rules on what to do if there's noone in and they have a parcel to deliver. At least once I've been glad it's not been raining, as a parcel had been left by the back gate, outside, where I'd never have thought of looking normally.

      5) Instant access to songs
      It's a drawback to the heavy-marketing effect that, ironically, the Music industry tries to use to sell it's songs. Three weeks prior to release used to be the earliest you'd hear most songs. Now it's the latest. If I like a song, I'd do anything to get hold of it.
      Before I had easy Internet access, I'd even been known to buy an entire album (Linkin Park: Hybrid Theory) just because it was out a few weeks before the single (One Step Closer). Ok, maybe that's just me, but still. A few years ago ISTR that one song (Eiffel 65's "Blue") was the top-selling single one week, but didn't chart as it was the Import version that was outselling everythign else, as the UK release was taking so damn long.

      Then there's the "least important factor"...

      4) To sample songs

      Lemon Jelly "Lost Horizons". Polyphonic Spree "The Beginning Stages Of". David Bowie "Earthling". Nine Inch Nails "Pretty Hate Machine".
      All albums I'd not have personally bought had I not heard several tracks off each via MP3.

      1) Cheaper than CDs
      3) Not worth buying CD for 1-2 songs

      Possibly the biggest factor I'd think has on people downloading stuff.

      Album-wise, I hate paying for a new CD, only to find it going for two-third to one-half the price maybe six months later. And that's just the rare times there's more thn one or two songs I like.

      And single-wise? Well I rarely buy them. The main time I'll buy singles is if it's a song that I think is really worth it. (Johnny Cash's "Hurt" being a recent exmaplwe - despite me already having the MP3 and MPEG video at the time)
      And the otehr time is around now - Christmas time. And purely to get something half-way decent into the charts, as a gesture agianst the commercial shite that'll get to number 1 otherwise.

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
  52. Interesting... and you've based this on...? by 93+Escort+Wagon · · Score: 3, Insightful

    Let's see - the article says "A" is high, and it says "B" is high. So? Two observations don't make a correlation without some supporting evidence, wishful thinking aside! Otherwise the following two statements would be correlated:

    1) The average highway speed limit in the United states is higher now than it was 20 years ago.
    2) The average annual temperature in the United States is higher now than it was 20 years ago.

    Almost anyone can see these are independent (I'm sure at least one reply will attempt to argue otherwise, since this is Slashdot after all).

    Given the article as presented, the strongest valid statement one could really make is "Those Kiwis love their music!" If you want to draw stronger inferences, present data that actually links these two observations.

    --
    #DeleteChrome
    1. Re:Interesting... and you've based this on...? by gringer · · Score: 1

      To make up your own mind, here's a definition of correlation.

      To sum it up, correlation does not imply causality (see post "Let's remember that..."). Variables can be seemingly independent, and yet still change in a reciprocal fashion in relation to each other.

      There may be a correlation between the two factors mentioned, but the submitter has suggested that this means a causal link. I think even suggesting a correlation would be a weak argument with only (at best) two data points (per variable) in the article.

      --
      Ask me about repetitive DNA
  53. fuck off you redundant piece of shit by Anonymous Coward · · Score: 0

    how many more of these "correlation is not causation" posts are there going to be?

    the first post says exactly this and is modded +5 insightful already.

  54. Not quite . . . by lavaface · · Score: 1
    This is the exactly same reason why newer movies are fairly consistently breaking older movies' box office records (on number of ticket sales). This is the exactly same reason why newer movies are fairly consistently breaking older movies' box office records (on number of ticket sales).

    Actually there were many more movie ticket purchases during the 1930s. Even during the "Great Depression" millions more tickets were sold, just at a lesser price. Granted, there may be more total tickets sold in today's global economy, but I doubt the number per capita has risen.

    1. Re:Not quite . . . by btakita · · Score: 1

      During the "Great Depression", going to the movies was the premier form of entertainment. What else where people going to do on a Saturday night? They could read a book (if literate) or go to a dance/jazz club. They did not have TVs, computers, or the internet to browse /. on their saturday nights.

      Also, they did not have the option to wait for the movie to be a rental.

  55. blue light special-Side-mirrors-rear views. by Anonymous Coward · · Score: 0

    "[1] OK everyone. New economic model. Charge the millions that LOTR cost to one DVD. Now who will be the the exceptional soul that will buy it, and let "free" copies be made. Oh come now, it will have no "direct" cost to you, so give it up already."

    Yes it's me again. I did want to point out a bit of Irony. One of the bastions of our economic model is the principle of "scale". In ball bearing manufacturing this is fairly easy. Now for "creative" endeavours (time to put on your "mythical man-month" hat) this isn't as true. If the beatles had more members, would there have been a proportional increase, in qauntity, or quality? Since economics of scale don't work as well on the creative side of the equation. The deficit has to be made up on the other side. The one that is presently under attack.

    So what's one to do? Ignore reality and eat the costs. Or go out of businees. Who's really the winner there? Certainly not the business. Certainly not the consumer, who suddenly finds themself without something to consume.

  56. RIAA, you didn't lose jack shit. by Anonymous Coward · · Score: 4, Insightful

    Here, at the end of that article, is yet another example of the widespread, thoughtless assumption that every music file traded illegally constitutes lost revenue.

    I know that if I couldn't download music without paying for it, I wouldn't listen to as much music, since I ain't that rich. Because I can "steal" mp3's, listening to music has become a much greater part of my life than it could have otherwise, which means that I'm more interested in buying the albums that I really enjoy. True, I'm not the kind of customer the music industry is really interested in; they cater mostly to the people who listen to those crappy NOW compilations, because those people form the meta-cliche of all cliches: the lowest common denominator. They're undiscriminating morons by the truckload who will, in a twisted bit of irony, undiscriminatingly download the same tripe from Kazaa, and will also likely never give the record industry another penny in their lives. Could the executives responsible for signing artists possibly develop a variegated, thoughtful customer base which really appreciates what it listens to enough to buy it, by refusing to offer up any more flashy, shallow nonsense? nah... Maybe they shouldn't have artificially jacked up the price of CD's (which they lost an antitrust suit over). Or allowed the heinous, evil Clear Channel to become so prevalent as to force musiclovers to find other means of listening to music for free.

    What I'd like to do is simply steal every bit of major-label music I listen to and then mail a check of the full amount of the CD directly to the artist/band. The middle men don't get their cut. Everyone should go that way. Wouldn't be the "end of the music industry" as the press so often likes to say: it would just be the end of the bloated, manipulative corporations that have no place making a commodity of something as specific and inherently idiosyncratic as individual people should be.

    1. Re:RIAA, you didn't lose jack shit. by Anonymous Coward · · Score: 0

      Here, try visiting Musiclink. It allows you to do just that -- send money directly to the artist. You send as much as five bucks, and it's probably worth more than 5 CD's worth of royalties for the artist. Everybody happy, except for the leeches who normally get 95% of the cut.

      I don't care if they starve. They deserve it. My money should only go to the artists.

  57. Sorry everyone by Zork+the+Almighty · · Score: 1

    1) Piracy
    2) ???
    3) Profit!

    --

    In Soviet America the banks rob you!
  58. Let's remember that...Honesty is the best policy. by Anonymous Coward · · Score: 0

    "In particular, she points to the one clear experiment being conducted in this area: the Baen Free Library. If increased availability of illegal and free entertainment guts the industry, then surely increased availability of LEGAL, FREE, and PRODUCER-SANCTIONED entertainment would be its death-knell, no? Yet what happens every single time an author puts their work up on the Library? Sales jump."

    So does that speak to the principle that piracy is OK? Or does it speak to the majority rule of honest people? One has to be careful with one's "cause and effect".

  59. me po' diction by Anonymous Coward · · Score: 0

    yeah, i mean "indiscriminate" & not "undiscriminating"

  60. Re:Damn it Slashdot is so Australiasian-centric no by Zork+the+Almighty · · Score: 2, Funny

    Just don't send us another Paul Hogan, or we'll never look at you again.

    --

    In Soviet America the banks rob you!
  61. Don't use the word "piracy".-Shelter me. by Anonymous Coward · · Score: 0

    Let's not use the word "identity theft". Let's call it "getting to know the neighbours", or "helping the needy". Something that sounds good, while not generating "bad vibes".

  62. You *DID* get fooled again-Sucker!! by Anonymous Coward · · Score: 0

    "This is for the people repeating the RIAA whines about piracy = theft."

    As opposed to the pirates wine of "my actions hurt no one".

    I got a better idea. How about we don't listen to either one of you, and do what honest people should be doing. Not downloading, and getting our voices heard in the political process, and the corporate board rooms.

  63. Some of us copy because it's perfectly legal to by MochaMan · · Score: 1

    In fact, the Canadian copyright board ruled on Friday that P2P downloading of copyrighted music is legal in Canada. Uploads, however, are illegal.

    CNet is running an article on this right now. The decision (PDF) is here.

    Ok, gettings back to the point, P2P downloads of music have exposed me to artists I wouldn't have known of otherwise, and I have bought more music becuase of it. I do claim this is good for artists and the music industry... who it's not good for is the big record labels.

    Unfortunately for the big record labels, most of the music I've wanted to buy was from independent bands. Until P2P I had largely listened to signed bands -- mostly because that's what almost everyone was exposed to. With the advent of P2P, a lot of smaller bands got far more exposure... many (most even) of them are pretty rotten, but a few are great, and I do make an effort to support them.

    To be fair, I think our IP laws are in need of serious reform, but I do support the right of musicians and other people who produce creative works to receive compensation.

    1. Re:Some of us copy because it's perfectly legal to by danila · · Score: 1

      To be fair, I think our IP laws are in need of serious reform, but I do support the right of musicians and other people who produce creative works to receive compensation.
      I think your choice of words is far from perfect... Is there really such a thing as right to be compensated for producing creative works? How about right to be compensated for finding shitty bands and promoting them? And if such a right exist, does it trump the right to freely dessimenate information?

      A better choice of words, I believe, would be to say that you think society should compensate artists for creative works in some form, not because artists have some right to the compensation, but because it is good for the society.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    2. Re:Some of us copy because it's perfectly legal to by MochaMan · · Score: 1

      Is there really such a thing as right to be compensated for producing creative works?

      Good call. I actually don't believe in the concept of a fundamental right to compensation so much as I feel that it's in society's best interest to provide such compensation.

      Perhaps it's simply the influence of having lived with the current IP laws, where the laws do specify that those who produce IP have a right to compensation/control of those works.

  64. The complete article by jesterzog · · Score: 1

    For what it's worth, this very short article looks like a cut down version of a press release from Judith Tizard --- New Zealand's minister of Arts, Culture and Heritage.

    The original press release is slightly longer with a couple of extra paragraphs on the end.

  65. Pop Idol was 'born' in the UK by leomekenkamp · · Score: 1

    Sorry, but you are wrong. Simon Fuller, the manager of the former Spice Girls is behind UK Pop Idol. Something to do with him thinking it would have been very nice if he had used cameras to record all auditions for the Spice Girls.

    After UK Pop Idol, the format was sold to stations around the globe.

    --
    Wenn ist das Nunstueck git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput.
    1. Re:Pop Idol was 'born' in the UK by CavemanKiwi · · Score: 1

      Although it must be pointed out that on UK TV popstars was aired about a year before Pop Idol. Pretty bloody similar idea if you ask me. And both were aired on the horrible station that is ITV1. So it would seem this bloke Simon Fuller thought wow after the group thing we could do some similar with single artists. Popstars would in fact be more like the forming of the spice girls than Pop Idol. Are we to expect he thought of this idea without the influence of what had been before? Although mixing reality TV and pop music in it's self is no massive leap given the popularity of them both and the audiences they entertain

  66. What a load of bullshit! by paragon_au · · Score: 1

    You say the reason people download music is to listen to a song before they buy it.
    And try and say that it is the same as a radio broadcast.
    If its broadcast on the radio the you've HEARD it before, why do you need a copy for your use whenever you want, if you only download to hear before you buy?
    Sure there is some music that isn't played on the radio but you have a few LEGAL options, 1. If they are indie that CAN allow people to download versions for free, if they dont want to then they dont have to. Just because they decide that they'd prefer not to give someone a digital copy of their music doesnt mean you should be allowed to commit copyright theft. 2. Alot of stores will allow you to listen to the CD before you buy it. 3. You could just not commit copyright theft and never hear it.

    Lets see what other bullshit did you make up, oh the reason people buy CD's is because it better quality than SOME rips.
    Yes that plays a part, but here is a huge difference between radio and CD's (and mp3's) on the radio you can not listen to the music you want anytime you want, anywhere you want. With a CD (or MP3) you can.
    Oh and back to the issue of quality, many people rip there own CD's so they can listen to the music on their computer and/or MP3 player. They also release it on Kazaa and other file sharing networks.
    Now why on earth would someone make BAD quality rips to listen to in MP3 format? Wouldnt they just rip it at a high enough quality that they cannot tell the difference? Wait maybe they DO!

    Downloading illegal music drives sales, well lets see how many songs have I downloaded since napster was released, easy a couple thousand.
    Now how many CD's have brought because of what I've heard from the MP3... hmm 0. I already (illegally) own the music, I'm not going to go and get another copy. The same goes for pretty much everyone I know who downloads music illegally.
    We know its illegal, but really, we don't care. I still support artist in other ways, but it doesnt justify commiting copyright theft. I can admit to it, I think you need to aswell.

    What else, "The most downloaded album on Kazaa was the last Eminem CD, 'pre-released'" erm.. source?

    "tracked by places like Big Champagne. To find out what bands are most popular in" Didn't you just say that people don't download what they want to own (buy), but instead to find out what different bands and songs are like?
    If this is true, tracking how many people download xyz does not help at all.

    Sure people do download to test the waters, I do it often my friend says XYZ is good, I download it, and like it. But guess what I, and thousands others do? We dont rush out to the store, we type the name of the band in KaZaA search and download the rest of their music.

    "Big Champagne's customers use of P2P network tracking info to drive CD marketing campaigns are proof that the RIAA record labels believe downloads drive sales." WTF? Where did that come from? I think its more proof that people download music they want. So the record labels see what music people want, and market it better. Plan a simple, it no way does it proves that it drives music sales.

    There are other things incorrect in your post, but I just be stuffed pointing them out. **** Sorry about spelling etc, in a rush.

  67. Contrived slashdot article! by kiwioddBall · · Score: 2, Interesting

    This slashdot article has got to be the poorest analysis of a newspaper article I have seen. I though slashdot was reasonably intelligent. The government of New Zealand is obviously aware of the effects of piracy otherwise they wouldn't have mentioned it!!

    I live in New Zealand, and a lot of people I know have a bit of an edict - they buy New Zealand music to support the local artists, and they pirate the foreign stuff. I personally only buy my music as I haven't bought a foreign album in months - the quality of New Zealand music is awesome.

  68. Illegality of Piracy Unrelated to Music Sales by reallocate · · Score: 1

    Governments oppose piracy because it is illegal, not because piracy has an impact on music sales.

    Copyright protects the right of authors to profit from their work and to distribute it as they see fit, whether by giving it away free on street corners or doing a deal with a publisher.

    Blatantly self-interested groups on either extreme -- misdirected music corporations and greedy individuals who don't want to pay for music -- dominate this discussion. Both groups willfully abuse the purpose of copyright to advance their own economic interests.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Illegality of Piracy Unrelated to Music Sales by arkhan_jg · · Score: 1
      Governments oppose piracy because it is illegal, not because piracy has an impact on music sales.

      And who exactly made it illegal in the first place? Governments!

      THe problem is, there are two ways you can treat ideas, and the concrete expression of those ideas.

      1) They are the property of the person that wrote them down, and should be protected like other property 2) Culture and society is made up of these shared ideas, and by sharing them, we do not deprive the existing holders of their copy, so the creation and sharing should be promoted.

      The problem is, things like ideas, music and stories don't fit solely into either of those categories.

      Copyright (and patents, but that's another rant) is the government attempt to strike a balance. Unfortunately, in recent decades copyright has been moving much more towards the property rights than encouraging a shared culture.

      Combine that with the industry association acting like a private police force, along with applying the maximum penalties designed for large scale commercial infringement, and you'll see why there is such a popular groundswell against the companies.

      Are some people doing it because they don't want to pay for music? Sure. But then, people get music on the radio for free, they can borrow it from libraries for free, they can listen to a friends copy for free, they can buy second hand CD's and the artist and companies don't see a penny. Free != morally wrong

      Peoples expectation of the law, and of their estimation of the product have changed. They are unlikely to change back. so either we live with the ever increasing friction because of the gulf, or the government and the businesses need to adapt to their customers expectations.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    2. Re:Illegality of Piracy Unrelated to Music Sales by reallocate · · Score: 1

      I don't buy the notion that "ideas, music and stories" are of such overwhelming importance that "society" has some kind of automatic premptory right to them.

      Certainly, there is no way to assert that, at the moment of its creation, a work is owned by any one other than its creator. Therefore, if you are to assert the ownership of that work by society, you must account for the transfer of ownership from the work's creator to that amorphous thing called "society". Obviously, you can't transfer ownership from someone without acknowledging the reality of that ownership. If the original owner isn't willing to transfer wonership, any transfer must be confiscatory.

      Note, too, that we are talking about ownership of real, physical, entities: books, collections of bytes stored on physical media, etc. Such entities can be owned with as much authority as any other entity, and can never be thought of as devolving, by right, to the general populace.

      Ideas are not physical. The copyright status of a work has no bearing at all on the spread of any ideas that might be outlined by that work.

      Copyright protects a work's creators obvious rights of ownership to the physical entity he or she has created. The ideas, if any, manifested in that creation cannot be copyrighted. E.g., one can copyright a book about the weather, but one cannot copyright the weather.

      The assertion that copyright restrains the spread of ideas is without merit. Copyright restrains the theft and misappropriation of a creator's inherent and natural right to control the copying and dissemination of that work. We call that kind of theft piracy, and it is just as illegal as any other kind of theft.

      Attempts to justify piracy are simply self-interested attempted to justify theft.

      --
      -- Slashdot: When Public Access TV Says "No"
    3. Re:Illegality of Piracy Unrelated to Music Sales by arkhan_jg · · Score: 1
      Certainly, there is no way to assert that, at the moment of its creation, a work is owned by any one other than its creator.

      Actually, I do assert that. To claim that a creator works in a complete vacuum of the society around him is naive at best. Whether it's a poem, book, song, photograph, painting or film, all creators are influenced by the culture, people and existing art that surround them. If we look at music for example, the amount of reuse of existing chords, themes, lyrics and melodies is huge.

      When it comes to human creativity, of all forms, you can't ignore the use of that pre-existing, freely reusable body of content that is the commons. As Newton said, "If I have seen further it is by standing on the shoulders of Giants". Any creator already owes a large debt to the society that inspires him.

      Therefore, if you are to assert the ownership of that work by society, you must account for the transfer of ownership from the work's creator to that amorphous thing called "society"

      Well, I also disagree that a creator can be said to 'own' a non physical work. Now, something physical, like a book, or a CD, or a computer. Those are tangible goods, and I don't think anyone is claiming that such goods are not property, and should be donated to 'the greater good'. That said, we all give money to the government to distribute for the greater good...

      Anyway, I digress. If it is a physical good, and I take it from you, you don't have it any more. I have deprived you of it. If I do that without your permission, that is theft, so stealing definitely covers the theft of a book, or a CD, or a computer.

      'Intellectual property' does not have that asset. If you have a campfire, and I come and light a taper at your fire so I can light my own, I have not stolen your fire; you still have it. I now also have a lit fire, thus benefiting at no loss for you.

      Ideas, music, stories (and what are stories or music except particular specific ideas written down?) are similar in nature to that fire. If you tell me a story you thought of around that fire, I now know that story too. You don't forget it because you told me, and I can go and tell other people that story without diminishing that story for either of us. Hell, if you let me read your written story, and I copy it, then you have no lost no physical good, yet I have gained one.

      Such shared material is what we call 'culture' and it enriches us all, the more we have of it.

      Which is where copyright and patents come in. As I said before, I'll stick to copyright, as that is what is relevent to this particular thread.

      You, as a story writer, or a song singer, want to make a living doing this. We, as a society (the public domain) are enriched by you doing this. But you are afraid that if you write stories, or sing songs, other people will copy them, and you will not get much money for your work.

      Therefore laws are passed making you the sole distributer of that work for a limited time. It is not a 'natural' right, in the US constitution at any rate (more on this in a moment) - it is a right granted for a limited time. After that time, the work passes into the public domain, where it is available for other artists to build on, and create their own works. To see this at work, just look at any recent disney film. They are almost invariably remakes of old stories that have since passed out of copyright, and are free for reuse in new works.

      The assertion that copyright restrains the spread of ideas is without merit.

      I disagree most strongly. To go back to disney, they create works based on others work all the time. Yet we, the public, are not free to do the same, because Disney constantly and successfully lobbies for increases in copyright terms every time steamboat willie comes up for expiration, altering the bargain further to their favour.

      What bargain? The bargain that after being given a period of time to be the sole distributer of a work, it would go into the public d

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    4. Re:Illegality of Piracy Unrelated to Music Sales by reallocate · · Score: 1

      I'm not arguing that people aren't influenced by society. I'm stating that the person who creates something that hasn't existed before owns that "thing" and controls all rights to it until he. at his option, transfers some or all of tgose rights elsewhere. If something has never existed, it is impossible to own it. If a person is the sole creator of something, it is impossible for anyone else to own it unless ownership is transferred.

      That is what copyright recognizes (not creates) and attempts to protect. Copyright has nothing to do with licensing, a subject which has become a fetish in certain circles.

      I also agree that current U.S. copyright duration is too long. That, however, doesn't indicate the fallacy of copyright or intellectual property anymore than overly long (or overly short) prison terms indicates the fallacy of prisons.

      But, I strongly disagree that natural rights need no laws to protect them. Those are the rights that specifically need legal protectoin, because they are the rights that have been most abused throughout human history.

      --
      -- Slashdot: When Public Access TV Says "No"
  69. Piracy and Sales by Anonymous Coward · · Score: 0

    Look, if governments (and recording industries) doesn't realise theyre only hurting themselves by stopping piracy, then they deserve to have the lower sales which will eventuate.

  70. live/unreleased/discontinued tracks by Anonymous Coward · · Score: 0

    Thats one thing the RIAA and the individual artists themselves have to do, allow users to download their bootlegs and those DAMN JAPANESE BONUS TRACKS!!! That, my friends, should not be made illegal.

  71. It's progressive taxation by infolib · · Score: 1

    As Tim O'Reilly puts it.

    This article is well worth a read - the subsection headings say a lot:

    Lesson 1: Obscurity is a far greater threat to authors and creative artists than piracy.
    Lesson 2: Piracy is progressive taxation
    Lesson 3: Customers want to do the right thing, if they can.
    Lesson 4: Shoplifting is a bigger threat than piracy.
    Lesson 5: File sharing networks don't threaten book, music, or film publishing. They threaten existing publishers
    Lesson 6: "Free" is eventually replaced by a higher-quality paid service
    Lesson 7: There's more than one way to do it.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  72. yea, its pretty bad by Anonymous Coward · · Score: 0

    "you are always damaging the artist in some way."

    Yeah, look what happened to Elvis.

  73. Those heavy metal blokes sure know their marketing by Simon+Kongshoj · · Score: 4, Informative

    An excellent example of how 'Net file sharing can actually be used deliberately to boost sales, while also making the fans happy, was how Iron Maiden promoted their latest album, Dance of Death.

    The album wasn't recorded all in one go, as albums usually are, but was recorded during the breaks between tours and gigs. When Maiden had written and recorded a new song for the coming album, they'd perform it on some of the subsequent tours. Whenever they were about to play some new material, frontman Bruce Dickinson would tell the gathered hordes of Maiden fans that if they wanted to record it and share it with their friends on the Net, that was OK, "just buy the album when it gets out, right?".

    So in the months before the release, tons of concert bootlegs of Wildest Dreams, Rainmaker and the title track Dance of Death were floating around the net. People's anticipation of the new album was boosted to the boiling point, and Maiden had come across as sympathetic people who wanted to share their music with the world rather than greedy Lars Ulrich clones. When the album was released, it had killer sales. Lots of people who had come across one of the aforementioned bootlegs (with poor sound quality -- you don't drag your studio quality recorder to a concert, do you? ;) ) just had to hear them in a studio version. It's likely that encouraging filesharing had actually boosted the sales of that record. At any rate, the move sure gained Maiden more respect from their fans, which I personally think is something that also translates to better sales.

    I believe this is the way to do it if you're a major band -- adapting to the new reality of 'net file sharing (legal or not -- the illegal status of sharing copyrighted music obviously isn't stopping anyone) rather than whining about it.

    --
    Six sick .sigs, the Number of the Beast!
  74. Where does the article say that? by harlows_monkeys · · Score: 1
    According to this NZ news article it appears local music is being boosted by piracy

    That's one of the most idiotic things ever said on Slashdot. Nowhere in the article does it say that, or even say anything that could remotely be interepreted as implying that.

    The article does say that broadcast and performance are up, which would naturally lead to a boost in both sales and piracy, so the conclusion non-idiots would come to is that piracy is up because popularity is up, which is the same reason sales are up, rather than simply concluding that because piracy is mentioned in the same article as sales being up that piracy must somehow be causing the sales increase.

  75. Massive profit margins? by ex-songwriter · · Score: 0

    Where are the massive profit margins for record labels? Last time I checked they were laying off thousands of people and consolodating to try and survive. Time Warner just sold off Warner Bros. records because it was awash in red ink. Is your comment based on facts that you can substantiate?

  76. Let's face it, those that d/l don't buy anyway... by Anonymous Coward · · Score: 1, Interesting

    I mean seriously... are the people that download 5000 mp3's to the HD really going to buy that much music? I think not.

    For me, it reminds me of kids in High School in the 80's. Many of us would throw a tape in the radio at lunch, or late at night, to get certain tracks, then to mixed tapes, etc. These were tunes we were NOT going to buy. We didn't have the money, or didn't CARE to buy them.

    The justification that people are somehow stealing music that is sent out via radio waves completely free anyway, and that CAN Be recorded off the radio via fair use, is just garbage.

    Yes, MP3's are easier. Yes, you don't get commercials. But let's face the facts: most people who download music... if the tap was turned off today - would never buy music instead. They'd just stop listening to MP3's!!!!!

  77. I think the truth lies somewhere in between by Jugalator · · Score: 1

    I doubt piracy is a huge catalyst for music sales. I'm certainly not buing as much music as I would if I wouldn't download music. But I guess many discovers new good music when downloading it and thus "trialing" it, and thinks "what the heck, I'll just buy the whole album and be sure I easily get it all in high quality".

    So the truth probably lies somewhere in between. Music companies don't lose massive amounts of sales, piracy don't boost sales, but maybe... piracy makes a negligible difference?

    --
    Beware: In C++, your friends can see your privates!
  78. Re:Damn it Slashdot is so Australiasian-centric no by gnu-generation-one · · Score: 1

    "You'd almost think that you care about us in the Southern Hemisphere"

    It won't be the southern hemisphere for long...

  79. The time has come... by nattt · · Score: 1

    The time has come for non-commerical copyright infringement to be made legal. Stiff penalties for commercial infringement, making money from copying, and counterfeiting should remain, or perhaps even be increased.

    The terms of coopyright enforcement should be brought back in line so that something you pay for in your youth is in public domain before you die. Copyright should last a generation at most - call it 30 years.

    Nobody creates in a vacuum. All creative minds thrive on the cultural and creative diversity that society affords them, and hence they should pay that back to society by allowing their creative work to enter the public domain for all to enjoy, and to allow others to base their new creatives upon the old.

    All this commotion over music downloads, p2p and mp3 is just clouding the greater issues. If you want to campaign for anything, campaing for limited copyrights that don't get extended, that intellectual property cannot be sold, only licenced (to stop corporations owning IP - it must be owned by the individuals that create it, but a corporation could licenece it from them), and for non-commericial use to be free for all.

    And don't get me started about patents....

    --
    -- oldthinkers unbellyfeel ingsoc
  80. To quote Jay: by Jediman1138 · · Score: 1

    "What the hell are you babbling about?" this article makes no sense when given the supposed title lets do some more readin, folks

    --

    nothing.can.stop.me.now

  81. Logic lesson by Anonymous Coward · · Score: 0
    What boosts sales is the fact that there are plenty of new zealand artists in top lists
    A perfect example of circular logic; the fact that there are plenty of NZ artists in top lists is equivalent to saying sales have gotten a boost.
  82. Slashdot willing idiocy by daminotaur · · Score: 1

    But the Slashdot spin doesn't stem from inherent idiocy, but rather its general stealing-stuff-is-kewl ethos. Another example of zealotry trumping thought.

    Clearly, if stealing music was legitimized, at best the money flow to artists and their associates would slow to a trickle. Basic economics, no need for hand-waving fun with statistics. The only value-added that people would pay for would be transport and delivery services, & even that money would not go to the creators unless there was some kind of surcharge (which also is decried here as tyranny).

    IMO, the Rhapsody model is the most interesting, since people can listen and be exposed to all kinds of music on demand for a nominal flat subscription (thus boosting sales by such exposure and musical education), and only pay extra for the privilege of burning songs. Yeah, yeah, you can get around that too. I have to laugh at some of my never-pay-for-anything geek friends who assure me that with audio capture programs they can rip anything going through their sounds cards. Yeah, if it floats your boat to mess around for 10 minutes adjusting levels and trimming ends so you can steal a song. I'd rather pay 75 cents. Funny thing, I never hear any geeks actually talking about music. The ethos seems to be some kind of pack-rat mentality of spending hour after hour amassing a large collection of stuff, never listened to, to beat The Man or something. A real human comedy there.

    The piracy model simply doesn't work. Real world solutions are necessarily more complex and messy (laws, law enforcement, civil suits, gray areas) but that's life (as opposed to geek/libertarianoid fantasies).

  83. MOD PARENT UP +2000 HILARITY OF TEH YEAR by Anonymous Coward · · Score: 0

    HAHAHAHAA LOL u maed teh funnay!

  84. The REAL piracy they don't talk about by stwrtpj · · Score: 3, Insightful

    One of the things that people need to keep in mind when speaking of "music piracy" is that there are two forms of piracy out there, both of which are as different as night and day, but he RIAA would prefer that people blur the line between them.

    The type of piracy that people think about when the RIAA spews its propaganda is file-sharing "piracy". They whine about this and then point to their multi-million dollar losses.

    But this is NOT the piracy that's causing them to lose money.

    What has the potential to suck them dry is the second type of piracy. This is the kind sometimes run by organized crime. Big warehouses with CD duplicating machinery churning out fake copies of copyrighted music. This is very common overseas, usually in Asia. This type of piracy is very real and indistputably illegal AND immoral because it robs not just the RIAA of profit, but the artist as well.

    But the RIAA purposely blurs the line between these for the purpose, I believe, of maintaining their strangehold on the distribution of music. The internet scares them because it opens up the possibility of increased competition. Thus they use the mass CD-duplication piracy problem (which IS a real problem) and use it as a convenient vehicle by which to forward their political agenda.

    The moment that a major label Gets It and strikes out on its own to change its business model is the day that the RIAA will cease to be a cohesive political entity.

    --
    Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
  85. My thoughts... by Jonathan+Platt · · Score: 1

    It doesn't matter weather it boosts sales or not. It is still stealing. If the combind recording industries choose to hamper sales it is their choice not yours.

    It is like saying in an area where allot of TV's are stolen, there is also demand for TV's, so it should be encouraged. It's absurd.

    Besides, the article links exposure to piracy not record sales to piracy, so the RIAA's arguments still hold. And I also don't think it's unreasonable to assume that the music over there is just improving. Stop trying to twist stories to justify your own greed.

    --


    VENI, VIDI, VICI, DIXI
    1. Re:My thoughts... by silverbax · · Score: 1

      I think the point is that the big businesses are missing out on the serious viral marketing that technology now affords. See Seth Godin's website, pretty much the authority on viral marketing.

    2. Re:My thoughts... by TiggsPanther · · Score: 1
      Stop trying to twist stories to justify your own greed.

      You mean like that the RIAA is doing?

      True, comment alongside the article is highly biased in one direction, but it's it also true that the RIAA's reporting is just as highly biased in the other?

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
  86. Guvmint Protects Business by entropy123 · · Score: 1

    "... while sales of local music are high, so are illegal copies of New Zealand albums." Unfortunately as always, government bodies don't seem to be able to make the connection even when it stares them in the face."

    Nowadays Western Guvmints protect business first, people second. The leadership will do everything to protect the material interests of business, while neglecting the material interests of their constituents. On the other hand, guvmint is pretty good at protecting the 'soft' rights of their people...cause its basically free...unless it costs the people money :)

  87. I don't see it by Sockatume · · Score: 1

    Call me stupid if you must, but I don't see how a news story saying that record sales are up and piracy is up somehow proves that record sales increase piracy. Indeed, it would seem far more likely that the market forces increasing normal sales are also increasing pirate music sales. Come to think of it, this is something which has been obvious for approximately as long as music has been pirated. Come on, Kazaa users, stop seeking justification and just admit that you're pirating music because you don't want to buy it.

    --
    No kidding!!! What do you say at this point?
    1. Re:I don't see it by Sockatume · · Score: 1

      Addenum: unless I am mistaken, 128kbps is precisely the quality that CD audio is encoded at. In fact, isn't this whole post just an excuse for some whinger to repeat the strange arguments of the past? How does downloading a 128kbps version of a track and keeping it and then not buying the record constitute a "promo"? Or am I missing something?

      --
      No kidding!!! What do you say at this point?
  88. Is it Piracy, Music Sharing, or simply Listening? by shking · · Score: 1

    Piracy is manufacture & sale of counterfeit albums (ie. real crooks). It is not ordinary citizens lending the music they listen to to others. It is not consumers creating personal "mix cds" or ripping mp3s to play on their computers.

    Funny how the industry lumps everything together. Funny how the press still hasn't figured this out.

    --
    -- "At Microsoft, quality is job 1.1" -- PC Magazine, Nov. 1994
  89. ...and copy protected discs by NZKiwi · · Score: 1

    ...and just having accidentally purchased my first Copy Protected Disc here in NZ (which incidentally crashed my PC, and left it quite unstable as their damn software tried to automagically install, and failed to so - it also bolloxed up the registry while it was at it). I was wondering if you could go after the RIAA in the States with your wonderful new Cyberterrorism laws?

  90. music piracy helps the indie music scene by shaunyb · · Score: 2, Insightful

    we've heard the testimony from metallica and dr. dre about how they've lost their homes and cars and have to live on the streets, but have you heard from the indie scene?

    during the days of napster and audiogalaxy the indie scene was booming. i know because i donwloaded an album or two every day. i got music from bands you've never, and i had never, heard of. soon i began going to concerts every weekend, where i'd buy on average 1 album and 1 t-shit each show. depending on the record label, the money from the album probably never made it back to the band, however the $10-$12 for the tshit, and the money for the concert ticket went directly into the bands pocket. as you can see, at least in my case, my piracy was leading to more money for the indie music scene.

    since audogalaxy was murdered, i have literally purchashed less than 10 albums (remember, i purchased at least 1 per week before that). and these albums are not indie; in fact you've probably heard of every one of them. in my opinion, there is no indie music scene anymore, because there is no way of finding it.

    the only musicians who benefit from enforcing anti-piracy laws are the musicians who dont need the money. the musicians struggling to get their music heard, the ones who someday could be the fat-cats rolling in dough, are the ones who lose money, because they lose fans.

  91. We don't owe the RIAA a business model... by hankaholic · · Score: 1

    Probably too late for the mods, but what the hell...

    By trying to justify downloading music with "it probably boosts CD sales", many seem to be implying that we somehow owe the RIAA a working business model.

    As I see it, we should show as little concern for their business model as they show for the fact that extreme copyright terms rip off the public domain.

    The RIAA can adapt and continue to make money, and yet we at least acknowledge the fact that they claim to be losing money due to theft through piracy.

    We as citizens don't seem to be making a difference, and the RIAA won't even admit that the public is losing due to the loss of the public domain.

    Download 'em all and let bankruptcy court sort 'em out.

    --
    Somebody get that guy an ambulance!
    1. Re:We don't owe the RIAA a business model... by Anonymous Coward · · Score: 0

      Fuck man. I had mod points this morning, I was going to boost you BIGTIME BABY !!!!! Then maybe ream your ass.

  92. How's astroturfing paying these days? by alizard · · Score: 1
    Sure there is some music that isn't played on the radio but you have a few LEGAL options, 1. If they are indie that CAN allow people to download versions for free, if they dont want to then they dont have to. Just because they decide that they'd prefer not to give someone a digital copy of their music doesnt mean you should be allowed to commit copyright theft. 2. Alot of stores will allow you to listen to the CD before you buy it. 3. You could just not commit copyright theft and never hear it.

    Music a person doesn't hear is music that person isn't going to buy.

    You say that you've been downloading MP3s for year and as a result, never buy albums. You're whining about people committing "copyright theft", a crime that only exists in the imagination of the *AA publicity people. WHAT'S WRONG WITH THIS PICTURE?

    You're trying way too hard to be a RIAA poster child. Either it's cool to rip and never buy, in which case you don't give a shit about copyright infringement, or you care and are trying to get us to stop. You can't have it both ways and have any chance of finding more than a few people stupid enough to believe you. So IMHO, you're an astroturfer and not very good at it.

    Lets see what other bullshit did you make up, oh the reason people buy CD's is because it better quality than SOME rips.

    Yes that plays a part, but here is a huge difference between radio and CD's (and mp3's) on the radio you can not listen to the music you want anytime you want, anywhere you want. With a CD (or MP3) you can.

    So you rip the MP3 after buying. Unless your bosses manage to make the CD unplayable via DRM on a CD drive.

    Now why on earth would someone make BAD quality rips to listen to in MP3 format? Wouldnt they just rip it at a high enough quality that they cannot tell the difference? Wait maybe they DO!

    And all the rips on Kazaa are 256K and higher quality. Yeah, right. If you can make a 128K rip that's indistinguishable from the CD-audio, you should be working at a major label preparing CD-tracks for uploading to radio stations for on-the-air use and commercials. It probably would pay you better than astroturfing.

    Downloading illegal music drives sales, well lets see how many songs have I downloaded since napster was released, easy a couple thousand. Now how many CD's have brought because of what I've heard from the MP3... hmm 0. I already (illegally) own the music, I'm not going to go and get another copy. The same goes for pretty much everyone I know who downloads music illegally.

    We know its illegal, but really, we don't care. I still support artist in other ways, but it doesnt justify commiting copyright theft. I can admit to it, I think you need to as well.

    Which PR firm are you working for and how's the pay in astroturfing these days? You say that you know it's illegal and you don't care. You claim to be committing copyright infringment and say that it doesn't justify committing "copyright theft". Never post before your first cup of coffee. Or in your case, your third. And never get loaded before you post.

    What else, "The most downloaded album on Kazaa was the last Eminem CD, 'pre-released'" erm.. source?

    For anybody else, I'd dig the info out of my files. For you, I suggest simply dropping an e-mail to your employer or client and ask them.

    "tracked by places like Big Champagne. To find out what bands are most popular in" Didn't you just say that people don't download what they want to own (buy), but instead to find out what different bands and songs are like? If this is true, tracking how many people download xyz does not help at all.

    Sure people do download to test the waters, I do it often my friend says XYZ is good, I download it, and like it. But guess what I, and thousands others do? We dont rush out to the store, we type the name of the band in KaZaA search and download the rest of their music.

    Certainly, there are

  93. astroturf? On SLASHDOT? by alizard · · Score: 1

    Hey, maybe you can tell me - why is it that people on slashdot have taken to labelling anyone whose opinion they disagree with an "astroturfer"? Why is it so hard to accept that some people simply do not believe what you believe, and that they're not just saying what their employer is paying them to say?

    Check the paragon_au (730772) post on this thread, we have an alleged downloader who allegedly never buys CDs who also repeatedly says that copyright "theft" is bad. You take this seriously as grass-roots opinion from a real member of the P2P user community? If you do, you're pretty gullible.

    Astroturfing has become so popular on public forums and lots of other places that there's a word specifically coined to describe it. A PR firm or department at an organization that can access public opinion by posting on public forums that doesn't is run by tards. What could be easier for a PR firm than to have an employee register on /. or K5 or any other place where there are people with opinions and. . . inject the opinion of the client as phony "grass-roots" public opinion? Look up astroturf on Google for current examples of how this practice is being used by PR firms and corporate PR departments. Of course, the PR firm guy does have to know enough of the "in-group" jargon to look like he belongs there. So the next stage... perhaps some lucky slashdotters have already been offered money to post a company or organization's party line.

    I've wondered where the posts endorsing Microsoft security have been coming from. I wouldn't even object to the practice if the people on payroll put their sponsor names at the bottom of each post.

    If you're pissed because you aren't on the gravy train yourself despite your defense of astroturfing (suggesting that it's imaginary counts), Google is your friend. Find the PR firm for the RIAA and see if you can get them to hire you. You're doing a slightly better job than the other guy is doing, and your low slashdot ID should even give you some credibility.

    I do not have the right to distribute copyrighted material without the copyright holder's consent.

    Make an analog tape of a few tracks off an album off FM. Send me the tape. Guess what, you're legal and I'm legal and we're both completely within our rights. Look up the Audio Home Recording Act for further information. Make the same tracks available on Kazaa, you're A PIRATE!!!.

    Preventing me from doing so id not an "assault on my rights", as it's not a right I've ever had.

    You have that right now if you distribute via cassette. As I said, look up the law yourself. You do NOT have the right to do this digitally, because the law explicitly treats digital recording differently.

    Now, trying to shut down P2P networks entirely would be an assualt on (one of) my rights, but that's not what's happening.

    Only because the *AA hasn't managed it yet. But if you really don't think they're trying, you are either in denial or already on payroll. I suggest you look at the history of Internet Radio as well. Or check out Doctorow's article on closing the analog hole about what the *AA organizations are trying to do to consumer technology in general with the support of Congress.

    Just to cut out independent competition for the purpose of preserving an obsolete business model a few years longer. In what way is that a legitimate public policy goal?

    Of course it's legitimate, from their point of view - they're trying to preserve their profits, that's the entire reason they exist. This is what happens when you let companies get too powerful - they will enevitably act in their own best interests, regardless of what would be in the public's best interests. If the companies are small/weak, that's fine. If they're big/powerful, there's more chance they'll be successful, to the detriment of everyone else.

    Spammers feel the same way about their "product". Does this mean their existence should be tolerated?

  94. you made a mistake: by shadow_slicer · · Score: 1

    that's c not $C

  95. Excuses, excuses by Sockatume · · Score: 1

    Just because some people allow their audience to download their music, and encourage it, (DMB, for example), doesn't mean that it's okay to go and pirate music from people who don't want you pirating it. Common sense, no? I'd be interested to see what the powers-that-be at Slashdot make of this blatantly misleading "news" post.

    --
    No kidding!!! What do you say at this point?
  96. Speculation by Anonymous Coward · · Score: 0

    I'm sure that they can see the correlation, only they're deliberately ignoring it at press-time because the government and the music industry are in each other's pockets.

  97. that's not what the article says... by h4x0r-3l337 · · Score: 1

    The article mentions no causal relation between piracy and sales. It merely mentions that sales are up, and piracy is too. Whoever concluded that piracy caused a boost in sales (this 'vik' person that submitted the story, perhaps), is obviously doing so in an effort to justify their activities ("see? what I'm doing is actually GOOD for sales!").

  98. And in other news.... by Neo-Rio-101 · · Score: 1

    .... the prominance of public libraries, freely distributing out copies of books , and providing copier services for FREE to the public has been blamed for sending multitutes of publishers bankrupt and unemploying millions of writers.

    "What's worse," says one author, "is that the government is actually SANCTIONING this kind of flagrant abuse of our intellectual property. They OWN the public library for goodness sakes. What gets me upset is that I even pay my taxes so that they can keep it running!"

    In an attempt to fight back against the public's apprent disregard for intellectual property, the writers union has been trying to apply a copy protection on their books. On newly DRMed books, a dye canister, similar to those found in clothing stores, has been attached to the book.

    "The dye canister won't explode and damage the book with icky blue paint ONLY if it hasn't been opened more than 5 times.", said one publishing executive. "This is to prevent the owner from lending the book out multiple times, such as what is happening in the public lending libraries the world over."

    "Once the book has been opened 5 times and read, the canister will explode, ruining the book. The owner will then have to buy another book if they wish to read it 5 more times."

    The publishing industry calculates that the free distribution of theor works costs the industry billions of dollars every year... to the point where publishers have been going bankrupt, and writers can't even afford to pay their mortgage or send their children through school.

    "With all these book shops closing down, and with the lack of new books coming out these days" said another writer. "If people want to read they're actually going to be stuck reading old books from now on! That will teach them! Once they've run out of new material, they'll have to go back and read some really old crusty books.... like Charles Dickens, and the Bible, and a few other classics without the DRM."

    "Gee, I wonder how Shakespeare and RL Stevenson still managed to sell books long after their deaths without all the DRM protection we have these days?"

    --
    READY.
    PRINT ""+-0
  99. Open-source Music by thing2b · · Score: 1

    If Linux companies can make money from Open-Source and According to This NZ news article it appears local music is being boosted by piracy, Can we expect to see Open-source music apearing in a few years?

    --
    Webmaster of Infoweb
    1. Re:Open-source Music by TiggsPanther · · Score: 1

      Open Source as a model for music distribution may be tricky to implement. But I have seen one interesting take on using downloads as a primary distribution medium.

      Songs were downloadable from the site. If you liked the music, you were asked to "register" your copy (i.e. pay for it, and give your shopping details)
      If enough cash was raised, proper physical CDs were sent out.

      In a way I think the "pay if you like it" approach might be one of the best. It has its flaws (like the many people who will inevitably download and never pay).
      But it would have one thing going for it - in that the bands that people think are worth paying for will actually make money. And the stuff that is "disposable" (i.e. listenable, but not worth paying for[*]) woulnd't be finanacially viable.

      Tiggs

      [*]
      Could be arguably said to describe much current pop music.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  100. Does everyone forget... by thebigmacd · · Score: 1

    In Canada we have the right to make a copy of any recording for our own personal use? Lending to people does not constitute distribution either because only "sale or renting" is prohibited. Go Canada.

  101. Re:Those heavy metal blokes sure know their market by elflord · · Score: 1
    and Maiden had come across as sympathetic people who wanted to share their music with the world rather than greedy Lars Ulrich clones.

    Nonsense. Metallica supported bootlegging. They didn't support the sort of wholesale piracy and screwing musicians that is lauded by slashdot pond-scum

  102. You make the point you yourself miss by scruffyMark · · Score: 1
    Beside the point, I think that most people (myself inculded) have a hard time correlating PHYSICAL goods, which cost money to produce each and every one, and DIGITAL goods, of which an infinte number of copies can be made with no direct cost.

    That's kind of the point, isn't it - digital goods can be infinitely 'stolen', and do no damage to the producer, as long as the theft doesn't decrease sales. If a thousand 'thefts' have the net effect of producing one additional sale, then those thefts actually benefit the producer.

    So, maybe a hundred people download the song. Of those, five would normally have sprung for the CD - two decide not to buy it now they have the mp3 (-2 sales), three go ahead and buy it (+/-0). What of the other 95? If twenty of them would normally not have heard of the artist or album, and three of them decide to buy it now (+3), then this 'theft' is really more like free radio play. No need to bribe radio stations to get exposure.

    I fall into the last category - no mp3, no sale to me. I'm not about to special-order vinyl from HongKong without knowing if it will be worth it or not (seriously, that's like 90% of my music purchases). Besides, I hate the sound quality of mp3s. If I like music, it's more of an annoyance than a pleasure to hear it all thin and reedy and mp3-like. I'd as soon listen to a monaural AM radio at the bottom of the yard as an mp3. I do download a lot of mp3s though - it's the only way I can test-listen music I might consider buying, that's not mass-produced top-40 radio pabulum.

    c.f. the article - all of a sudden, there's an un-explained upsurge in the sales of locally produced New Zealand music. Which is also being 'stolen' in unprecedented amounts...

    The thing is, IMO, many record company execs can't differentiate between the two digital/physical 'thefts'. One theory of mine, is that record execs don't really like music (look at the crap they turn out), so they can't appreciate the difference in sound quality between mp3 and CD/vinyl. Therefore, they can't imagine that some people really do appreciate the difference, and consider mp3s to be more like listening to an AM station on a tinny mono radio set at the bottom of the garden, than like having a form of music you can really enjoy.

    Another possibility is that the spread of mp3s promotes concert attendance, since people save the cash on CDs to go to bars/music halls/stadiums. So, the money is going directly to the artist, and cutting the execs out of the loop, and they fear that. Also, their radio station bribing system allows them to choose what we hear, aggressively promoting disposable bands. This way, they don't have to rely on talented musicians that can't be quickly replaced - they might get uppity, and demand a fair recording contract.

    So, to apply Walmart to the thing, it's more like if WalMart realized people were spray-painting WalMart logos on stuff as the latest graffiti - nobody is actually stealing physical stuff, they're just reproducing stuff they don't technically have the right to. So, if the graffiti have a negative association and reduce sales, WalMart would be smart to go after the taggers. If they just work as free billboards, and increase sales, then WalMart should turn a blind eye, or even produce stencils (note: unlicensed public display prohibited) of their logo.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

  103. the price of cds by falconwolf · · Score: 1

    In the price of blank cd just as with blank tape, cassette and video, is a tax that goes to the recording and movie companies.

  104. Works for me by scruffyMark · · Score: 1
    I don't like top 40 radio music. If I'm going to spring for the album, I want to listen first, and EZ-93 Craptastic Hits FM is not an option for me. So I download mp3s, then I buy the album if I like them.

    Seriously, if I can't listen to at least some of an album, I don't buy it. And the stuff I buy, I have to special order, generally from out of the country (now that the one record store near me that sells psy-trance moved to the far end of town, it's easier to get it from Hong Kong than my home city. Crazy world, eh?)

    So, it seems at least reasonable - NZ music doesn't have the mega-publicity budgets to buy radio airplay that US and EU mass-produced music does. So, mp3 distribution could be working more like free radio airplay than like 'theft'. The thing is, this is something that should be considered (it's true in my case, and in the case of a number of people I know who spend rather a lot of money on music), and the person the article quotes can't even conceive of it.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

  105. $19-21 for CD? by falconwolf · · Score: 1

    Yes, the last CD I bought, was $20 new, though I got it used. I'd like to get her new release as well as one by Neko Case, which are about the same prices. When I do I'll check at some used shops to see if I can get them cheaper. It's not just new releases I love to listen to either, I also love Billie Holiday, Igor Stravinski, and several other old performers and composers. Some of these are in the same price range. And yes, I love classical as well as jazz and other music genres

    Though I'll admit not every does, and no I don't download music, some downloaders will go out and buy the cd for songs on it they love. The recording industry looks at downloading the wrong way, they need to look at the internet as a method of marketing. Look at iTunes, in the first week or two of the service Apple had more than a million legal and paid for downloads, strickly by Mac users as it has only been the past month that Apple has released a windows version of iTunes. Now several others are releasing such services, which only boosts the bottum line of the recording industry. Easy and relatively cheap methods of downloading music which the industry has been aganist will only reduce, though not entirely eliminate, illegal downloading.

  106. 90% of the time /. users fire up their P2P by falconwolf · · Score: 1

    I wouldn't even guess or suggest the percentage of /. user who have P2P installed, I'll just say I don't have any installed, don't plan of installing any, and would bet there are others who are the same in this.

    1. Re:90% of the time /. users fire up their P2P by Khaed · · Score: 1

      I wasn't suggestiong 90% of /. users, but rather 90% of the time the users on /. who HAD it, it was for porn. Plus, it was a joke.

    2. Re:90% of the time /. users fire up their P2P by falconwolf · · Score: 1

      I wasn't suggestiong 90% of /. users, but rather 90% of the time the users on /. who HAD it, it was for porn. Plus, it was a joke.

      K, actually I spend most of my tyme online either here or in Yahoo! Groups. I used to spend most of the tyme researching but haven't done much lately.

  107. Re:The lesson to be learned here by arkhan_jg · · Score: 1
    I'm stating that the person who creates something that hasn't existed before owns that "thing" and controls all rights to it until he. at his option, transfers some or all of tgose rights elsewhere.

    We fundamentally disagree. I disagree that ideas written down are 'things', for a start (apart from the physical media it's stored on, obviously). They share some of the attributes of physical property, but not enough of them as to be classed as simple property, i.e. 'things' under the law. They are classed as something else, which after the law expires, ceases to be protected from it's natural state, that of being shared.

    I'm stating that the person who creates something that hasn't existed before owns that "thing" and controls all rights to it until he. at his option, transfers some or all of tgose rights elsewhere.

    EVEN when it comes to physical things, there are restrictions, rights, and responsibilities that come with that creation. Take the most fundamental of physical properties, a house and land. Be it building regulations, inheritance taxes, mortgage taxes, compulsorary purchase orders, mineral rights, or other laws affecting human action and human ownership of that property, we cannot be said to own and control everything about a thing. Such is the bargain we strike for living in a modern civil society.

    also agree that current U.S. copyright duration is too long. That, however, doesn't indicate the fallacy of copyright or intellectual property anymore than overly long (or overly short) prison terms indicates the fallacy of prisons.

    But prisons, like copyright, are a means to an end. If a new form of technology allowed us to 'cure' prisoners with a higher rate of effectiveness than prison, and allow us to punish them in a humane way that detered others more than going to prison, would that not that replace prisons?

    As it so happens, I happen to think copyright is still probably the most effective way to ensure a fair balance between someone's right of remuneration for sharing their work, and migration to the commons.

    I personally think a universal flat rate tax on net access is not that right way to resolve the issue of widespread infringement, but some form of opt-in pre-paid licence may work and be fair. Or, a non-DRM version of itunes would also work. We've managed to find a way with TV and radio to avoid pay-per-use. Hopefully we can do the same with music, and still give people a way to avoid paying for industry-sanctioned content that they don't want.

    Actually, while I'm on that subject, I think DRM is extremely bad form; either you should get the protection of copyright, or you should be able to lock your material away from the commons for good with technological means (and laws to prevent circumvention of those means). I don't think you should have the benefit of both DRM laws and copyright, any more than you can benefit simultaneously from patents and trade secret laws for a particular business idea.

    Anyway, I suspect there is little chance of either of us changing the other's mind, so I will probably make this my last entry to this thread. Still, it's been interesting discussing this with you.

    --
    Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  108. Re:Those heavy metal blokes sure know their market by TiggsPanther · · Score: 1

    In a way, Internet-based sharing is bootlegging.
    Albeit high-quality bootlegging. But it's making available stuff that people would mostly either [a] buy anyway, or [b] not pay for at all.

    P2P is not "wholesale piracy".
    That description would be more appropriately applied to bulk-copying CDs and selling them at a profit.

    Tiggs
    --
    Tiggs
    "120 chars should be enough for everyone..."
  109. Re:The lesson to be learned here by reallocate · · Score: 1

    Yes, we do disagree. You want to talk about "ideas". But, I think ideas are ephemeral. non-corporeal things that cannot be owned and cannot be manifested physically . A book, on the other hand, is a physical collection of symbolic language and images that, when read, will cause ideas to be created in the mind of the reader.

    A book, once created, is a physical entity that is owned. The presence, or non-presence, if symbolic language and images on the pages of the book do not impact that fact of its existence. I.e., a book comprised of blank pages is still a book.

    An author who creates a book owns the original version -- the collection of language and images, not the ideas. That author initially retains all rights pertaining to copying and disseminating the book. No one may make a copy, no one may read the book, and no one may distribute copies of the book unless the author gives permission. That is what copyright protects.

    Ideas, by their nature, cannot be owned, cannot appear in physical form, cannot be copied, cannot be published and disseminated. As such, copyright has nothing to do with ideas.

    Consider this analogy: if an artist creates a painting, that painting will likely contain several different colors. No one can own those colors, but the artist owns the object he has created.

    --
    -- Slashdot: When Public Access TV Says "No"
  110. blue light special by harriet+nyborg · · Score: 1
    iceparr0t, here is the clue:

    from an earlier slashdot posting, this is what the department of justice says about your theory:

    Question to the DOJ:

    "Given that from a legal standpoint (and, many would argue, an ethical one) there is a distinction between "copyright infringement"/IP violation and "theft", what views do you have on the regular and incorrect/misleading application of the latter term by such people as the RIAA and law enforcement? Such misuse of language seems disingenuous, and taints the arguments of those who might otherwise have valid points to make about the morality of misuse of intellectual property rights.

    It seems that if there are ethical arguments against piracy and other forms of copyright misuse, those arguments can and should be made on their own merits without the introduction of psychological wordplay apparently designed to confuse the public and cloud the debate. Accordingly, what steps are being taken to clarify the correct terminology and to avoid jingoistic use of words like 'theft', 'thieves' and 'stealing' amongst law enforcement and elsewhere?"

    Answer from the DOJ:

    "You're correct that words are important, in particular as they apply to characterizations of specific conduct. As you suggest, people with differing views on intellectual property enforcement should be careful not to overstate their case, nor should they do the opposite in an effort to minimize the effects of their conduct.

    Traditionally, theft involves taking something from another person without their permission. In short, you deprive that person of their property and they can no longer enjoy its use. Some have argued, particularly in the context of online or digital piracy, that infringement or misappropriation really doesn't deprive the victim of their product because it is merely being copied, so infringement or misappropriation is not truly theft.

    As criminal prosecutors, we focus on the conduct, regardless of the label that might be applied. That said, in the cases we prosecute, we believe that using the term theft is not misleading. While there may be technical differences between certain types of infringing activity, conduct that triggers the criminal statutes is analogous to theft.

    In some instances, piracy can actually be more damaging than traditional theft. Unlike traditional theft, where a person steals a specific number of tangible objects, one product in digital format can alone be used to generate hundreds of thousands of near-perfect digital copies within hours. In the case of software piracy, for example, the developer has not been deprived of his product in the traditional sense it has merely been copied. Yet, he faces the grim reality that his product is now available around the world, often for free, to anyone with a computer and an Internet connection. In very real terms, even though he retains his property, the digital victim is in a much worse position than the victim of a more traditional theft. To him, the theft is clear and the harm couldn t be more real."

    In other words, downloading MP3s without the permission of the copyright owner is a crime.

    Period.

    Nothing weird or gray about it.

    Now go and download a conscience.

  111. Re:Those heavy metal blokes sure know their market by elflord · · Score: 1
    In a way, Internet-based sharing is bootlegging.

    You might think so, but however you try to slice it, the fact remains that Metallica were enthusiastic supporters of bootlegging. The Napster scene was never about bootlegging (something that dedicated fans did), it was always about justifying getting something for nothing.

    But it's making available stuff that people would mostly either [a] buy anyway, or [b] not pay for at all.

    I don't agree with [b]. I think if people were forced to choose between not having the music to listen to, and paying up, they'd pay up. The rhetoric one hears from the pirates is that they are forced to pirate, as though going without is not an option. If going without is indeed as painful as they make it out to be, then parting with some cash would no doubt be less painful (even for someone as cheap as the typical slashdotter)

    P2P is not "wholesale piracy".

    Certain implementaitons of it (like Napster) are. Napster was a high profile commercial operation, whose main claim to fame was illegitimate distribution of copyrighted works, much like a piracy operation.

  112. In other news... by joeljkp · · Score: 1

    Murder boosts gun sales! Help support Smith & Wesson! Kill people!

    --
    WeRelate.org - wiki-based genealogy
  113. NZ music, copying and format-shifting by JudithTizard · · Score: 1

    It has been very enlightening to read your various comments on my media statement. kiwioddBall and harlows_monkey are correct in concluding that my original statement was not drawing a correlation between increased sales of NZ music and increased piracy and copying of music (including NZ music). I used the opportunity of the amazing NZ album sales figures for that week to also draw attention to figures given to me by RIANZ in the same week about loss of sales from piracy and copying - not to make a comparison between the two. However it has brought up some interesting comments from your discussion streams, and as such I would be very interested in your thoughts and comments on the next issue we are looking at under the Copyright Act: the question of format-shifting of personally-owned recordings for personal use. Currently it is illegal in New Zealand to make a copy of a privately owned sound recording for personal use. For example, making a copy of a CD you have bought legitimately for your car stereo, or copying a CD that you own onto mini-disc or MP3 format for personal use in that medium. This is in recognition of the copyright owner's right to distribute their product and make earnings from that product in a way they see fit. We have examined the mechanisms used in other countries to address this issue, for example Canada's tax on blank CDs. I would be interested to hear your views on whether a format-shifting exception to allow one copy of a legitimately owned recording for personal use would be a sensible way forward for New Zealand, recognising that currently it is through sales of recordings that artists make an income (alongside live gigs, royalties etc). I look forward to hearing your views and experiences either here or via email (jtizard@ministers.govt.nz). Judith Tizard.

    --
    Associate Minister of Commerce Associate Minister for Arts, Culture and Heritage New Zealand Government