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Australian Record Industry Has Best Year Ever

Hecatonchires writes "ARIA (Australian Record Industry Assoc.) had their best year ever, but are fudging the figures because they run counter to their anti-filesharing arguments."

382 comments

  1. Keep in mind by Rhesus+Piece · · Score: 3, Insightful

    Just because sales are going up doesn't mean that file sharing is helping sales. Remember the "correlation and causation are different things" idea slashdotters are always bitching about? I know many people who download instead of buying, but very few who buy more because of their downloads.

    1. Re:Keep in mind by anthony_philipp · · Score: 3, Insightful

      yeah you definately have a good point, but the problem is most people dont seem to care so if there are increased sales people will assume that file sharing does increase profits. however they mistepped with the fudging the numbers thing. seriously it just makes them look a lot worse. they shoulda known better

    2. Re:Keep in mind by cgranade · · Score: 4, Insightful

      Correct me if I'm wrong, but I don't think that the post said that file sharing is helping sales. OTOH, it does suggest that file sharing can't be hurting sales that much. Like the white crow, this proves nothing, but disproves (or at least weakens) the ARIA's arguements.

      --

      #define DRM chmod 000

    3. Re:Keep in mind by Flyboy+Connor · · Score: 5, Insightful
      But that's not what the article says. It says that there is no evidence that file-sharing hurts sales. There is no evidence for one or the other.

      AFAIK no-one has ever argued that file-sharing helps record sales.

    4. Re:Keep in mind by beakerMeep · · Score: 2, Insightful

      But dont forget there are a fair number who download who would have never bought and some who download because there is nowhere to buy what they are looking for. Otherwise I agree whith what you are saying, just don't want those 2 groups left from the discussion.

      --
      meep
    5. Re:Keep in mind by Amiga+Lover · · Score: 5, Insightful

      However it somewhat invalidates the common media point of filesharing HURTING sales. If sales are in their best year ever, then they're not being hurt too greatly by the sharing that IS going on.

    6. Re:Keep in mind by beakerMeep · · Score: 4, Funny
      AFAIK no-one has ever argued that file-sharing helps record sales.

      Welcome newcomer! There are many wonderful things to discover here at slashdot and may I be the first to wish you well on your exploration.

      --
      meep
    7. Re:Keep in mind by Jondor · · Score: 0, Offtopic

      Actually looking your your both id's, he's here a little longer than you..;-))

      --
      Nobody expects the spanish inquisition!
    8. Re:Keep in mind by Anonymous Coward · · Score: 3, Interesting

      I'll argue it.
      On Saturday I bought two albums solely because I encountered songs on Kazaa. Wouldn't have looked for them otherwise.
      One point does not a curve make, I know, but hey, it's a valid datum nonetheless.

    9. Re:Keep in mind by beakerMeep · · Score: 0, Offtopic

      your honour i'd like to plead the fifth :)

      --
      meep
    10. Re:Keep in mind by Anonymous Coward · · Score: 1, Funny
      AFAIK no-one has ever argued that file-sharing helps record sales.

      Yes it does.

      Now someone has. Ha.

    11. Re:Keep in mind by Anonymous Coward · · Score: 2, Insightful

      Yeah but the record industry is in a better situation if no songs are shared and only CD's are played than if the same amount of CD's are played and songs are shared because in the latter, the people themselves have control of music trends and likes and dislikes to a much greater extent (since they can sample more music). This takes the power out of the record companies hands and puts it in consumers. Of course, the record companies aren't the only ones who try tactics like this (MSFT anyone?). A customer who has a ring in the nose is a loyal customer.

    12. Re:Keep in mind by JW+Troll · · Score: 0

      screw ARIA - i'll never pay for music again!!!

      yarrr, batten the hatches an' prepare to board!!

      Intellectual property is a legal device designed to decrease freedom, and therefore I am opposed. Communism only works when everybody takes part, and I encourage you to do likewise.

      --
      just like the humble blood clot... turboporsche@telus.net
    13. Re:Keep in mind by Marvelicious · · Score: 2, Interesting

      I can honestly say that I don't buy any less music because of file sharing! I buy a lot of CD's. I tend to d/l a couple songs I haven't heard (as opposed to radio tunes) and buy or not based on those. Before file sharing, I would make the owner of the record store open it up. Either way, I still buy AT LEAST 2-3 cd's a month, and often more like 2 a week.

      --
      Send whiskey and fresh horses!
    14. Re:Keep in mind by RTPMatt · · Score: 2, Interesting

      I just keep wondering why the recording industry wants to stop file sharing so much? if its making them more money, you would think they would be all for it. almost makes me think it really does hurt them...naww

    15. Re:Keep in mind by Brandybuck · · Score: 0, Informative

      it does suggest that file sharing can't be hurting sales that much

      It doesn't suggest that at all. Consider if sales were up ten million over last year with filesharing, but would have been up twenty million without filesharing. Filesharing would have thus hurt sales by ten million.

      I have no idea whether filesharing actually helped or hurt anything, but at least try to keep your logic straight.

      --
      Don't blame me, I didn't vote for either of them!
    16. Re:Keep in mind by thegrassyknowl · · Score: 3, Insightful

      Keep in mind that there will likely never be any truly unbiassed research into this matter.

      The record companies do the research to prove their point that file sharing reduces sales. The people that are pro-filesharing are generally individuals who don't want to pay for the research, and the rest of the world doesn't really care enough.

      It's the sad truth, but until some unbiassed reseach is done the record companies will keep spouting the same old dribble as gospel.

      --
      I drink to make other people interesting!
    17. Re:Keep in mind by Anonymous Coward · · Score: 0

      Dude, you are wrong, as usual.

    18. Re:Keep in mind by Kris_J · · Score: 3, Interesting
      I know many people who download instead of buying, but very few who buy more because of their downloads.
      My exposure to stuff leads to my purchasing of stuff, if it's any good. I finished the GBA game LotR:TTT as one of the characters before I bought it. No review I saw, no ad, nothing other than playing it made me want to buy it. Same for the hideously overpriced but still very impressive LotR:RotK GBA game. Play first, buy second. I buy plenty of shareware too -- most recently for my mobile phone.

      Want a music example? The singles taken from Evanescene's recent album are good, but not brilliant. Once I heard the whole CD though I bought it. No ads, no video clips, no radio play was enough. Until I could enjoy it on my own terms I didn't know if I would like it enough to justify the purchase.

      You can't just look at the volume of stuff downloaded and say that because every track that's downloaded isn't subsequently purchased that there's something immoral going on. I don't download commerical music off the P2P nets, but if they're anything like the rest of the world, there's a hell of a lot of crap out there that isn't worth the time it takes you to workout how crap it is.

    19. Re:Keep in mind by G.+W.+Bush+Junior · · Score: 2, Interesting

      AFAIK no-one has ever argued that file-sharing helps record sales.

      actually the article you (and the moderators) just read, does. :)

      But what about our research, I hear the record companies scream. ARIA paid a research company to survey music consumers. The survey results suggest there's been a 12 per cent decrease in CD purchases by people who are into file-sharing. The greatest percentage is with the under-17s - people who don't have much money. But the research suggests those with the money, the 45 and overs, are buying more CDs after file-sharing. Now that's a statistic we never hear quoted.

      --
      "I don't know that Atheists should be considered as citizens, nor should they be considered patriots." -George H.W. Bush
    20. Re:Keep in mind by Anonymous Coward · · Score: 0

      So a larger userid implies being here longer? Can I have some of what you're on?

    21. Re:Keep in mind by cgranade · · Score: 3, Interesting

      Well, a $20M increase would be substantial, and would require that to be explained to be plausible. Thus, by Occam's Razor, though both X + $10M and X + $20M - $10M are plausible, there is no reason for me to assume the second scenario. The $10M is easier to attribute to inflation, normal fluxations of the market and to marketing than $20M is.

      --

      #define DRM chmod 000

    22. Re:Keep in mind by maharg · · Score: 3, Informative

      Amen. From the British Phonographic Industry website:


      Summary

      The value of sales of music topped 500m in the final quarter of 2003, the second highest quarterly total ever recorded, representing an increase of 4.5% on the same period in 2002. Clearly the demand for recorded music in the UK remains strong.

      --

      $ strings FTP.EXE | grep Copyright
      @(#) Copyright (c) 1983 The Regents of the University of California.
    23. Re:Keep in mind by Moocowsia · · Score: 1

      No, but the ARIA is acting like file sharing is killing them. This is not the case.

      --
      Moo!
    24. Re:Keep in mind by nacturation · · Score: 1

      You must have missed the Slashdot article, File Sharing Increases CD Sales, essentially the same as this one. Now "record" sales maybe not, as hardly anyone buys vinyl anymore. :)

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    25. Re:Keep in mind by sholden · · Score: 4, Informative

      That quote doesn't say that file-sharing helps record sales. It says "... are buying more CDs after file-sharing", which is not the same as saying "... are buying more CDs due to file-sharing".

      It is stating the findings of the research - that after file-sharing that particular group of people are buying more CDs than they were before hand. Causation isn't claimed, only correlation which is the point being made.

      Maybe CD prices have dropped between the before and after file-sharing time frames. Maybe the economy boomed and hence spending on CDs. Maybe the price of DVD players dropped and suddenly a large number of people had a device that can also play CDs in the lounge room.

      The quote you provided makes no claim as to the reasons why, it merely states the correlation. Exactly what the "correlation is not causation" crowd demands.

    26. Re:Keep in mind by Anonymous Coward · · Score: 0

      Except those companies hire professional statisticians to make predictions based on 30+ years of data, on very solid and proved mathematical models.

      Now you know where your "X + $20M - $10M" comes from, so you can let Occam rest in peace.

    27. Re:Keep in mind by DjReagan · · Score: 1, Offtopic

      Yep - its always that fith pint of beer that makes me say silly things too.

      --
      "When I grow up, I want to be a weirdo"
    28. Re:Keep in mind by Anonymous Coward · · Score: 0

      How about people with iPods who really want to fill their machine but don't have enough CDs? Just download it all, it's free! :-)

      And if you buy 2 CDs a week, you need to find new artists man, you can't even fully appreciate a CD of *quality* music in half a week!

    29. Re:Keep in mind by Anonymous Coward · · Score: 5, Interesting

      Posting anon for obvious reasons:

      My friend used to work for one of the big 2 record companies. He wasnt particularly senior, but he wasnt a complete chump either, think middle sales [ie keep the stores happy] kinda role.

      Every friday his boss would give him about $100 AUD from petty cash to go into the bigger record stores in the City [the way the charts work is that the more popular a store, the more weight each sale has in the charts].

      He would be instructed to buy maybe 10 singles of the cheesy artist said large record company was trying to plug to bring them up the charts.

      The funny thing is, when I had this conversation, its one thing to assume it happens, but its another entirely for it to be completely confirmed. And its not just 1 guy, his entire department was in a similar chart-pumping scam paid for by said record company.

      I always asked him what the 18year old behind the counter would say when a mid 20's guy would walk in and buy 10 of "Cheesy teen pop star latest single".

      "oh its for my daughters gift bag for her birthday"

    30. Re:Keep in mind by Anonymous Coward · · Score: 0

      Intellectual property is a legal device designed to decrease freedom

      Surely, you would like to not get paid for the 40+ hours you spend at work every week, just like all musicians.

      You're talking about communism, but we don't live in communist countries, so don't use irrelevant arguments to excuse yourself from being a thief.

    31. Re:Keep in mind by Anonymous Coward · · Score: 0

      fair number meaning minority?

    32. Re:Keep in mind by Anonymous Coward · · Score: 0

      Except those companies hire professional statisticians to make predictions based on 30+ years of data, on very solid and proved mathematical models.

      Yeah, the piracy caused by p2p-networks was truly horrible in the 1970's...

    33. Re:Keep in mind by Anonymous Coward · · Score: 0

      Hehe, you don't get it. From their models, they know how much they should have made if P2P wasn't around.

    34. Re:Keep in mind by mowler · · Score: 1

      The same goes for the record-companies; It is under my impression that they just assume / blame that p2p is the cause of falling sales in other parts of the world. Noone can know this without an real statistical analysis.

      I believe there is another very possible reason for declining sales - crapier music..

      Howevere - what would be really intresting to know is how the independent artist and/or labels are affected by the p2p filesharing. I believe p2p filesharing of music helps people discover new and different music - which, more often than not, come from independent artists/labels.

      In my case I have realized how much crap most hollywood movies are, and how bad most songs played on the radio is. - which has resulted in me bying more music and movies from idependent music/movie artists/companies and less from the big RIAA/MPAA companies.

    35. Re:Keep in mind by kir · · Score: 1, Funny

      So that means I must be brand spanking new.

      716990 usually comes before 741764, but I could be wrong about that.

      --
      3cx.org - A truly bad website.
    36. Re:Keep in mind by Grant_Watson · · Score: 2, Interesting

      From their models, they know how much they should have made if P2P wasn't around.

      From their models, they think they know; that's a very tricky business.

    37. Re:Keep in mind by Grant_Watson · · Score: 1

      It's the sad truth, but until some unbiassed reseach is done the record companies will keep spouting the same old dribble as gospel.

      You think that would stop them?

    38. Re:Keep in mind by dancing+blue · · Score: 1

      Occams razor doesn't help in this context. sure, it's plausible that the $10M is more likely than $20M-$10M, but it does not provide you with any proof that that is actually the case.

      It is entirely possible that the second scenario could be true.

    39. Re:Keep in mind by goatan · · Score: 4, Insightful

      From ARIA's own research But what about our research, I hear the record companies scream. ARIA paid a research company to survey music consumers. The survey results suggest there's been a 12 per cent decrease in CD purchases by people who are into file-sharing. The greatest percentage is with the under-17s - people who don't have much money. But the research suggests those with the money, the 45 and overs, are buying more CDs after file-sharing. Now that's a statistic we never hear quoted. It shows that thoes who can affored to buy CD's do buy more whilst those that don't have much money tend to buy less, Lesson to be learn't sell CD's at price all can affored. The Record industry doesn't seem to realise that for most people 15 is alot to spend on something that could be rubbish.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    40. Re:Keep in mind by gerddie · · Score: 2, Informative

      Howevere - what would be really intresting to know is how the independent artist and/or labels are affected by the p2p filesharing. I believe p2p filesharing of music helps people discover new and different music - which, more often than not, come from independent artists/labels.
      According to this article: What record industry slump? Independent labels say business has never been better.

    41. Re:Keep in mind by goatan · · Score: 0, Offtopic
      Somone wanted to waste there mod points 3 comments moded of topic, how boring.

      Remember moderator's mod up deserving comments and mod down only if it is really really Bad any thing else is a waste of your time.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    42. Re:Keep in mind by Ralph+Yarro · · Score: 1

      Occams razor doesn't help in this context. sure, it's plausible that the $10M is more likely than $20M-$10M, but it does not provide you with any proof that that is actually the case.

      So why doesn't Ockham's razor help? The razor never provides proof that one possibility is wrong, it only ever helps you to choose between a number of outcomes all of which are possible. That's what it's for.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    43. Re:Keep in mind by goatan · · Score: 1

      Didn't expect anyone to actually take the bait :)

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    44. Re:Keep in mind by Anonymous Coward · · Score: 1, Interesting

      What happens in Australian record stores (even the "independant" ones) is that the A&R reps from the record companies outright bribe the people at the store doing the "reporting of sales" with various forms of kickback (free tickets to gigs, gadgets, etc)

      There is no auditing done between the store's actual sales and what's recorded in the "which music sold this week" report for the charts. It's quite obvious to the people doing the reporting which artists and albums particular companies want to promote via these chart inflation games.

      Anyone who buys based on a chart ranking is a fool.

    45. Re:Keep in mind by Spock+the+Baptist · · Score: 1

      A point to keep in mind: A trend of any kind, including a statistical trend, is just that, *a trend*, and trends can, and do change.

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    46. Re:Keep in mind by Anonymous Coward · · Score: 0

      Posting anon for obvious reasons:

      You bitch! I told you not to tell anyone about this!

    47. Re:Keep in mind by G.+W.+Bush+Junior · · Score: 1

      Of course I can't find the questionaire for this study, but if it is anything like this study, the phrasing definitely adresses the causation.

      It's really a classic problem in the social sciences that peoples answers can depend on the phrasing of logically equivalent questions, or the order the questions are presented in.
      If the study asked if the subject bought more or less cd's after starting to fileshare, that's one thing. If the study asked first how many cd's I bought last year, then how many cd's I bought this year and finally if I've downloaded more or less music off the net in the past year, then you are right... but judging from earlier studies I don't think they phrased it that way.

      --
      "I don't know that Atheists should be considered as citizens, nor should they be considered patriots." -George H.W. Bush
    48. Re:Keep in mind by geminidomino · · Score: 2, Interesting

      They make money, but lose control. Which means they can't extort 18 dollars for a crappy CD with the latest top-40 song on it.

      What I don't get is the whole "I don't want to buy a CD for just one song." argument. I don't think I've heard a decent song come out since '93.

    49. Re:Keep in mind by IdleTime · · Score: 1

      RIAA: Sales are going down because of file-sharing.
      RIAA: Sales are not going up because of less file-sharing.

      Where is the logic?

      --
      If you mod me down, I *will* introduce you to my sister!
    50. Re:Keep in mind by DarkSarin · · Score: 3, Insightful

      Especially since statistical models assume no change when making predictions (or more precisely, they assume no change outside the equation). Typically speaking, I trust the numbers more than the men, but I don't trust every statistician to be honest.

      The trouble here is that other things than file sharing could be affecting their sales, and the only way to know is to setup a control group (filesharing vs. no filesharing), but this is not feasible. There are other methods of determining if alternate theories are more plausible than the one suggested by the correlation, but they require some degree of reliable measurement.

      The real trouble in all this is that the RIAA, ARIA, etc, have a vested interest in retaining control over the music industry, so fileshring scares the bejeezus out of them (with good reason, too). It is a method where any artist can be evaluated on the merits of their talents, not their marketing team (the current model).

      Think you're any good? Start a website, link some torrents, and away you go. But if you suck, or no one sees your site, then your doomed. It's easy to tell if no one is downloading your songs.

      --
      "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
    51. Re:Keep in mind by Jondor · · Score: 1

      They had at most some 12 points difference between them. And no, shorter should be older..

      --
      Nobody expects the spanish inquisition!
    52. Re:Keep in mind by Anonymous Coward · · Score: 0

      However it somewhat invalidates the common media point of filesharing HURTING sales.

      Not really, if there is less growth due to it.

      I for one think it's pretty much a no-brainer that the more popular file-sharing gets, the less people will EVENTUALLY buy music. It just may not be that evident in the statistics yet. I personally think file sharing is still too much of a geek thing - it's mostly teenage girls who buy CD's, not thirty-some males. If more girls get aboard p2p downloading, we may see a larger impact. Or it may never happen - who knows.

    53. Re:Keep in mind by Dashing+Leech · · Score: 3, Insightful
      Remember the "correlation and causation are different things" idea

      Yes, and it goes both ways. A decrease in sales doesn't mean it's piracy. So, in essence, there is no economic "proof" either way.

      Also, keep in mind, that the "correlation isn't causation" is a deductive reasoning objection. It doesn't mean that correlation isn't evidence, convincing or otherwise, it just means it isn't conclusive proof.

      To note the difference, we must investigate other potential explanations for the correlation. What other factors could contribute to the increase in CD sales? Has the Australian economy improved since 1998? Apparently the number of released CDs has decreased, so that can't explain it. Has music marketing gone up? Is there any other explanation? I honestly don't know, I don't have the resources to investigate these other factors.

      Again, not conclusive proof, but certainly suggestive evidence.

    54. Re:Keep in mind by maxpublic · · Score: 1

      And conversely, if sales go down then there's no reason to believe that file sharing has anything to do with it, given the lack of hard evidence to support that assumption.

      Oh, wait - it's okay to say that because the RIAA insists that's the case, even though they never managed to actually prove it in any way, shape or form. Our corporate masters can turn baseless correlation into causation just by saying that it's so!

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    55. Re:Keep in mind by 16K+Ram+Pack · · Score: 1

      Yeah, but the thing they try and make big noise about is how singles sales are being hit (without mentioning that a lot of bands make very little on singles, and that they are used for promoting the albums.

    56. Re:Keep in mind by Anonymous Coward · · Score: 0

      For a minute there I thought you said the British Pornographic Institute. Damn! I was going to signup too.

    57. Re:Keep in mind by ryanwright · · Score: 1

      On Saturday I bought two albums solely because I encountered songs on Kazaa. Wouldn't have looked for them otherwise.

      My running total for the past two weeks is now 24 new albums. I burned some "Best Of" mix CDs a friend had purchased and have been going on a buying spree of those artists (and others in the same style of music) ever since. What's really funny about this is the lettering on the mix CDs: "Thank you for buying this CD set. Please support artists: Do not illegally share this music with others."

      Had he not "illegally" loaned me the CDs for the explicit purpose of ripping to my permanent collection, I might not have bought all of those CDs.

      --
      -Ryan, with the unoriginal sig
    58. Re:Keep in mind by cens0r · · Score: 1

      And if you buy 2 CDs a week, you need to find new artists man, you can't even fully appreciate a CD of *quality* music in half a week!

      I sure can. I listen on headphones for almost 2 hours a day. That gives me 2 spins of a new disc per day. If I buy two discs in a week I'll probably hear them 5 or 6 times straight through in the first week alone. Of course I usually don't buy that many discs, but I can easily appreciate the music in that short time span.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    59. Re:Keep in mind by Anonymous Coward · · Score: 0

      Just because sales are going up doesn't mean that file sharing is helping sales. Remember the "correlation and causation are different things" idea slashdotters are always bitching about? I know many people who download instead of buying, but very few who buy more because of their downloads.

      Either way you look at it, sales are most definitely NOT going down for any recording industry in any part of the world, and they are just claiming that file sharing is causing lost sales to either A) Line their greedy ass pockets, or B) Assist in making of laws that will prevent people from using file sharing other than for industry supported means. Governments need to ignore the crap coming from CEOs and other record executives who are claiming that their industries are losing so much money.

    60. Re:Keep in mind by Java+Ape · · Score: 1
      Hah. Saturday night I bought three used CD's from a band I heard about via the internet. I'd have purchased them new if they hadn't been RIAA lackeys. Since I refuse to support the RIAA, I had to drive acrooss town to find the albums, and only the admittedly sleazy used-cd store made any money. I wish I could have supported the band - the music's quite good.

      So, even if file-sharing isn't hurting the RIAA, suing their customer's is -- because a growing number of us won't buy from them.

      Again, my couple of lousy CD's doens't make a trend, but it's a valid datum I wish the RIAA would pay more attention to. For the record, I purchase 5-10 albums a month. For the past 18 months the RIAA hasn't made a nickle of it.

    61. Re:Keep in mind by whats_a_zip · · Score: 1

      I agree. It's the same model as Microsoft used to use. The fact that you could easily pirate Microsoft stuff was no accident. You steal it, and use it, and eventually, you're hooked. You buy it. This model will work for music.

    62. Re:Keep in mind by MrResistor · · Score: 1

      Since I refuse to support the RIAA, I had to drive acrooss town to find the albums, and only the admittedly sleazy used-cd store made any money. I wish I could have supported the band - the music's quite good.

      Bands don't make money from album sales anyway, so it's pretty much a moot point. If you want to support them go see them live and/or buy a t-shirt or some other merchandise. The majority of ticket and merchandise sales goes directly to the band, whereas with CDs the band gets 2% or less split up among the whole group, but only after they've paid off the advance they got to record it in the first place.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    63. Re:Keep in mind by MrResistor · · Score: 1

      Yeah, but the thing they try and make big noise about is how singles sales are being hit

      Not just singles, CASSETTE singles. As everyone knows cassettes are going the way of the 8-track, so sales of cassette singles SHOULD be declining. There has been relatively little decline of CD singles.

      So really, even that arguement is complete BS.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    64. Re:Keep in mind by Knights+who+say+'INT · · Score: 1

      It's called econometrics. It's a huge field of statistics that attempts to discover ceteris paribus (all other things remaining constant) relationships between variables.

      There are a bunch of very good manuals in econometrics out there. I've had a great experience with Damodar Gujarati and Arthur Goldberger, but apparently the standard textbooks these days are Wooldridge, Ramanathan and Greene.

      In any case, it's worth checking out.

    65. Re:Keep in mind by TheFlamingoKing · · Score: 1

      I buy vinyl, you insensitive clod!

    66. Re:Keep in mind by sholden · · Score: 1

      The research was funded by ARIA, ie. the record companies, and hence you would normally assume the questions are phrased to try and show that file-sharing has caused them financial loss. Of course it did show that after file-sharing there was an overall drop in CD purchasing, but for this particular age group there was an increase in CD purchasing.

      But my point had nothing to do with the mechanics of the study, but with the wording of the article. Which was well done, in my opinion, in that it did not state there was a causation - something which is sadly not always done.

    67. Re:Keep in mind by syrinx · · Score: 1

      I don't think I've heard a decent song come out since '93.

      These damn kids and their "music". Back in my day, we had *good* music, and we walked uphill both ways in the snow -- though it wasn't real snow, we had to make pretend snow out of broken glass -- to get to the music.

      Now, go fetch grandpa some more bourbon. I'm going to go ride the Rascal down to the park and yell at kids.

      --
      Quidquid latine dictum sit, altum sonatur.
    68. Re:Keep in mind by Hecatonchires · · Score: 1

      Avg Price of a cd in australia is $30. Price of a top 20 cd in kmart is (i think) $22. Of course, anything I like is never in the charts anyway, so...

      --

      Yay me!

    69. Re:Keep in mind by Marvelicious · · Score: 1

      And if you buy 2 CDs a week, you need to find new artists man, you can't even fully appreciate a CD of *quality* music in half a week!

      Hmmm, really Mr. Anonymous? Perhaps I am a quicker study than you. BTW what is *quality* music anyway?

      --
      Send whiskey and fresh horses!
    70. Re:Keep in mind by Footsienabackyard · · Score: 1

      Yea, I'll respond to that, you have to remember the millions of people who actually know what music is. (Check, Check, Check Out My Melody). Vinyl, out before you were, was traded freely, and those guy's went platinum. Check out John C. Dvorak's commentary(PCMag.com) on the idiocy of the RIAA bull that a couple of starving artists have done to the free(what the United States of America is about) distribution of tunes to the children of the decadent babyboomer-citizens kids that simply-must-have-the-album(CD). Don't blame it on our Aussie Friends, I went to http://www.strategyfirst.com and downloaded a 101mg demo train sim. Trainz UTC from http://www.auran.com of Brisbane, Queensland, Austrailia. The free-share file content distribution through-out the world wide web is only matched by the content dist. by the Microsoft TrainSimulator community, albiet I'd gladly pay for content(usually about $12.00usd per locomotive), and the comunity seems to grow about a thousand registerd members per week!

      --
      Don't you think...? Or don't you?
    71. Re:Keep in mind by geminidomino · · Score: 1

      Pheh. You had glass? Talk about SOFT! Why, in my day, we had to swim to the Sahara desert, then swim back dragging a boatload of sand to make our OWN glass. If we were lucky, the sharks only took ONE of our legs.

    72. Re:Keep in mind by Anonymous Coward · · Score: 0

      Most certainly something you are ignorant of. Yes, you are very ignorant.

    73. Re:Keep in mind by Anonymous Coward · · Score: 0

      Oh, sorry. It was my mistake to give you credit and assume you have a life.

  2. ... Australian for ... by KRYnosemg33 · · Score: 0

    ARIA, Australian for cover up. ... In all seriousness, how far off is this is the US?

  3. Change is coming... by Daneurysm · · Score: 2, Interesting

    I can feel it. An assortment victories like this, summed up over time will cause even contented 'joe six packs' to take notice.

    Granted, the ARIA is fudging the figures to jibe with their party line...but I expected that anyone.

    ...their distribution-enforced monopoly is slowly slipping away.

    1. Re:Change is coming... by Daneurysm · · Score: 0, Troll

      btw, [my] first-drunken-post.

      w00t!

    2. Re:Change is coming... by Anonymous Coward · · Score: 0

      What color is the sky in your world? The last paragraph sums it up with the priorities of Congress and the FBI.

  4. Mirror by topgun98 · · Score: 4, Informative
    1. Re:Mirror by Anonymous Coward · · Score: 0

      Huh, why bother with the mirror? Even /. isn't going to take down the SMH.

    2. Re:Mirror by Anonymous Coward · · Score: 0

      Maybe he wants to crash the mirror.:) i do agree on ur point though.

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

      Why did you bother. SMH is a site far bigget than /. ever was, int he Fairfax corporation with far bigger servers and pipes.

      Dont waste your time.

  5. It's NOT STEALING. And it never will be. by User+956 · · Score: 4, Informative

    Seriously. No one calls "patent infringment" "patent, stealing", no one calls "trademark infringement" "trademark stealing".

    Copyright infringement isn't stealing either, though they can both be independently illegal. The difference here is that the copyright holder doesn't lose his rights. His exclusivity is infringed upon, but nothing is taken.

    If people are going to insist on analogizing it to something else, I would suggest TRESPASSING. If I put my foot in your yard, I've trespassed. But you still have your yard; you just aren't enjoying it exclusively.

    Anyone who calls copyright infringement "stealing" has an agenda, and shouldn't be trusted.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 4, Informative

      Unfortunately, it contributes to monopoly-sharing as explained in this Slashdot posted article (that was mysteriously absent from the main page).

    2. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 1, Interesting

      For now, I'm going to assume you're not a troll and honor your comment with a reply, but in order to fan off the flamebait moderators, I'm posting anonymously.

      Call it what you like, it is a crime. Call it what you want, but it shouldn't be a crime. Information wants to be free, we communicate for the purpose of telling one another how we feel, how we think, forming unity, or breaking it apart. This is what is wrong, not our declarations of which crime we are breaking. Hell, if it's a crime to tell someone else how you feel lyrically, lock me up and never play another piece of music near me again.

      As for those who write things just to make money, they write blatenly stupid, or superbly generalized statements, and isn't even worth listening to. And yet, these are the same people who fight so hard to use their "information" as property. If your idea was good enough to warrent being treated as property, than you had better guard it as such, letting nobody near it and perfecting it in a profitable mannor before ever getting it near another human, and making sure that every possible manor of extension has been made, just so that others can't use it as a basis of their works. In short, for any "information" to be treated as property, it should be all encompasing, full and complete: a book, a movie script; these are things that to me come across as someone's work, and not just meanderings of a bored mind.

      I believe wholeheartedly that this is what the original copyright laws were written to reflect, and using them in any other way is shearly a bastardization and a fairly wild abstraction at best.

    3. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0
      Copyright infringement isn't stealing

      Can this be used as a defense for corporate espionage? "Hey, our spy wasn't stealing trade secrets! He was just infringing a little when he broke into our competitor's office in the middle of the night & rifled through their top secret R&D files."

    4. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 5, Informative

      He's not neccessarily defending copyright infringement, he's just saying that falling into the habit of equating it with "theft" is worth avoiding. There's a good reason we have different laws for theft and copyright infringement.

    5. Re:It's NOT STEALING. And it never will be. by melikamp · · Score: 5, Insightful

      If people are going to insist on analogizing it to something else, I would suggest TRESPASSING. If I put my foot in your yard, I've trespassed. But you still have your yard; you just aren't enjoying it exclusively.

      I don't wonna stop here. I think, it's more like they build towers and then insist on charging money for looking at them. We are not even trespassing on their property, just enjoying it, because they've made it so wildly accessible. Their only argument is "if you don't pay us, who will build these beautiful towers for you too look at?" We are consumers, after all; what happened to our right to chose?

      And there's a huge difficulty of a different sort here. The pirate is now an individual, and the "theft" is happening in the privacy of our houses. The whole idea of p2p is that there's no middle man (except the ISP, and they alredy washed their hands). To fight piracy effectively, they will need to tap our wires, to know what we are doing behind the closed doors. I hope you'll agree, they shouldn't succeed at that. I believe, the change is coming.

    6. Re:It's NOT STEALING. And it never will be. by xargoon · · Score: 0

      Trespassing?
      Oh no..
      This mean I could shoot people for infringement of my copyrights (if I lived in texas ;)

    7. Re:It's NOT STEALING. And it never will be. by WhiteBandit · · Score: 4, Insightful

      But trespassing doesn't work as a decent analogy either. Because when you put your foot in my yard and then walk away, are you walking away with a perfect copy of my yard?

      That's where this analogy gets sticky. Granted, yes I still have my original property, but now you have a copy of my property now too. While in this case it may not hurt me (since I'm not selling my yard), you are still walking away with something that isn't really yours.

      Except in the case of music, the copy you are walking away with is something you should have payed for to get, regardless of whether there was an exchange of property or not. That is where this whole issue gets really sticky.

      So it does border on actually stealing in my humble opinion. Copyright doesn't even have anything to do with it really. You're taking something that you can only get (legally) if you had paid for it.

      Mostly playing devil's advocate here, because I personally don't like paying > $14 USD for 2 good songs and 13 filler tracks. If you want to call me a thief, so be it. But it's amazing how far people will go to justify stealing music. Just say you steal and move on. There's nothing to argue about and no one will judge you any different.

      I mean no harm in breaking laws right? We've all gone slightly over the speed limit as well as jay walked. :-P

    8. Re:It's NOT STEALING. And it never will be. by sir_cello · · Score: 2, Insightful


      You seem a little confused. The copyright holder does lose his right: he loses the right to decide upon the fate of that individual work such as charging you a fee for using the work.

      OTOH, I don't think that means that it qualifies to be called stealing though, technically nothing has been stolen. It would be stealing if the copyright owner had made the copy, and then you took that copy: but it's not stealing when you make the copy yourself. That's the distinction.

    9. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      That's where this analogy gets sticky. Granted, yes I still have my original property, but now you have a copy of my property now too. While in this case it may not hurt me (since I'm not selling my yard), you are still walking away with something that isn't really yours.

      It isn't your yard either, because you still have yours. So, the copy of your yard belongs to nobody, just like the air we breathe.

    10. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      Just as well as it can be used as a defence for murder. "I wasn't stealing his life, I just killed him".

      Saying that copying stealing is not the same as saying that copying = ok.

    11. Re:It's NOT STEALING. And it never will be. by Facekhan · · Score: 5, Interesting

      This is a similar analogy to how some bars in the area around Wrigley field were charging patrons to watch the ball game from their roofs where they could see it. The MLB/Cubs sued them claiming that they were somehow stealing baseball from them. In the end the bars were forced (mainly by the expected cost of the litigation) to settle and pay some kind of licensing fees to the MLB/Cubs. I don't think this analogy applies to music but it definitely shows the extent that entertainment companies have turned "intellectual property" into something almost indistringuishable from real property in terms of end result of all these laws and the cost of defending against frivolous actions by entertainment giants/monopolies like the RIAA and MLB.

    12. Re:It's NOT STEALING. And it never will be. by cgenman · · Score: 3, Insightful

      But it's amazing how far people will go to justify stealing music. Just say you steal and move on. There's nothing to argue about and no one will judge you any different.

      The thing is, they do. Remember how rediculous it sounded when the MPAA and RIAA started using the term "Intellectual Property," right about the big DeCSS case? We all knew that there was no such thing as "intellectual property," there was just copyrights and patents which defined certain limited rights afforded to one party or another. Now that "intellectual property" has become lexicon, you hear phrases like "they can do anything they want with it. It's their intellectual property." Substitute the word "copyright" in that previous sentence and it just doesn't work. By defining copyrights as a form of property, property rights go along with it.

      Likewise, by defining copyright violations as a form of theft, additional punative measures go along with it. A "theif" has a clear-cut definition and a lot of cultural associations with it. Being a thief means you have deprived a rightful owner of something for personal gain, and you must return the thing and be punished. Violating copyright is something completely different. That's not to say that copyright violaters shouldn't be punished, that's to say that copyright violaters didn't deprive a rightful owner of a physical object. There are also the labels of "arsonist," "mugger," "hacker," "slanderer," "murderer," "terrorist," and "con-man." They all have different legal meanings, and different cultural associations, and should all should be punished. But to call a "hacker" a "terrorist" would be disingenuous, a clear attempt to draw an inappropriate punishment for a less severe infraction. The same is true with calling a copyright violator a "thief."

      Personally I like the term "pirate." It's such an antiquated term that it lacks most of its original meaning, actual piracy is incredibly rare, and it is culturally entrenched enough to become an accepted standard. I would prefer if copyright violations kept the name copyright violations, but realistically with seven syllables it would have to be shortened in Japanese fashion to copvi, and even that might have one syllable too many. "Pirate" is a good compromise term.

    13. Re:It's NOT STEALING. And it never will be. by Vancorps · · Score: 1
      The original owner can still charge a fee if they like. Think like how company's charge for GPL'd software.

      They still can choose the fate of the work but the copy lives on which in my opinion is not a bad thing in a world where copyrights last as long if not longer than the creator.

      The system was built so works would eventually enter public domain after suitable compensation to the creator. This system works, the modifications are rediculous especially from a software standpoint.

      Imagine waiting 70 years just to look at the source code for Linux. The code would be completely irrelevent by then so why should the author hold back something that could benefit the rest of the society? Yeah, they have the right for a time, while they make money on it, but there has to be a line at some point.

    14. Re:It's NOT STEALING. And it never will be. by DarkVein · · Score: 1
      You seem a little confused. The copyright holder does lose his right: he loses the right to decide upon the fate of that individual work such as charging you a fee for using the work.

      What does this have to do with digital distribution? This has always been true.

      --

      I'm as mimsy as the next borogove but your mome raths are completely outgrabe.

    15. Re:It's NOT STEALING. And it never will be. by Rogerborg · · Score: 1

      Seriously. No one calls "patent infringment" "patent, stealing", no one calls "trademark infringement" "trademark stealing".

      Copyright infringement isn't stealing either, though they can both be independently illegal. The difference here is that the copyright holder doesn't lose his rights. His exclusivity is infringed upon, but nothing is taken.

      If people are going to insist on analogizing it to something else, I would suggest TRESPASSING. If I put my foot in your yard, I've trespassed. But you still have your yard; you just aren't enjoying it exclusively.

      Anyone who calls copyright infringement "stealing" has an agenda, and shouldn't be trusted.

      (C) 2004 Rogerborg

      --
      If you were blocking sigs, you wouldn't have to read this.
    16. Re:It's NOT STEALING. And it never will be. by DjReagan · · Score: 4, Informative

      > "actual piracy is incredibly rare"

      According to a recent news article its not as rare as you'd think. In 2003 there were 445 reported incidents.

      --
      "When I grow up, I want to be a weirdo"
    17. Re:It's NOT STEALING. And it never will be. by Rogerborg · · Score: 1

      I think it's more like I start hucking rocks at your head. Sure, you feel hurt and abused and it violates your rights, but because I haven't deprived you of anything, really, there's no harm and no foul. You have to remember that what's really important is that I wanted to, and that you couldn't stop me.

      --
      If you were blocking sigs, you wouldn't have to read this.
    18. Re:It's NOT STEALING. And it never will be. by Unordained · · Score: 3, Insightful

      Aside from walking away with stuff, there's also the scarcity part. If enough people trespass on your property, there's no more room for more people to trespass. If you were, say, letting people park in your yard during the local medieval fair (for a small fee) then although they've not taken anything, they've deprived you of the opportunity to sell that spot to someone else.

      I would instead go back to music and suggest this: an open-air concert that is a non-free event, but with random people walking by, and into, the area. They listen for a while (or the whole time) and walk off without paying. There was plenty of room, the quality was approx. the same, and everyone (paying or not) walked away having had a similarly satisfying experience. Did the non-payers steal music? Not any more than walls, chairs, and trees did. But they did get something for nothing, something which wasn't expected to be had for nothing.

      It's not theft. It's a free lunch. And there ain't no such thing as a free lunch, even when there is.

    19. Re:It's NOT STEALING. And it never will be. by zurab · · Score: 1
      So it does border on actually stealing in my humble opinion. Copyright doesn't even have anything to do with it really. You're taking something that you can only get (legally) if you had paid for it.

      Actually, copyright has everything to do with it since that's the law that is protecting the copyright holders' rights. To reiterate, copyright protects rights, not the actual property. That makes sense since the "property" in question is not physical in nature. So then, copyright holders have exclusive rights to make copies and redistribute their "property" or their creative works. Copyright infringement refers to actions that violate those rights.

      Most of the times these actions involve making and distributing copies of copyrighted materials without copyright holder's permission. If you want to translate that to the P2P world, most of the times that would be P2P users who share these files. So, P2P users who share/distribute copyrighted content without copyright holders' permissions are violating the rights of those copyright holders.

      I wouldn't necessarily call violating someone's rights "stealing." I would call it what it is - infringing on someone's rights - or "copyright infringement" instead.
    20. Re:It's NOT STEALING. And it never will be. by zsau · · Score: 1

      I briefly scanned that post before reading it. I read it a second time, because I was convinced that when I'd scanned it, I'd seen a word that didn't appear in the proper reading. That word? 'Microsoft'.

      I think I need to take a break.

      --
      Look out!
    21. Re:It's NOT STEALING. And it never will be. by cthugha · · Score: 2, Informative

      That's very odd, there was a case in Australia in the 1930s with very similar facts that went the opposite way: see Victoria Park Racing and Recreation Grounds Company Ltd v Taylor (1937) 58 CLR 479. Considering that actual presence on or interference with the plaintiff's property is one of the elements of trespass, the idea that you could be sued for merely watching what's happening on somebody else's land is very strange indeed.

    22. Re:It's NOT STEALING. And it never will be. by drsmithy · · Score: 1
      So it does border on actually stealing in my humble opinion. Copyright doesn't even have anything to do with it really. You're taking something that you can only get (legally) if you had paid for it.

      Do you consider remembering a tune you heard n the radio stealing ? How about remembering passages from a book you borrowed from the library (or from a friend).

      But it's amazing how far people will go to justify stealing music. Just say you steal and move on. There's nothing to argue about and no one will judge you any different.

      But it _isn't_ stealing. It's *fundamentally different* to stealing. Stealing unavoidably deprives the victim of an actual, tangible, physical item or some direct 1:1 equivalent, like money in the bank. Copyright infringement *might* deprive someone of an intangible thing that doesn't even exist except for the legal fiction of copyright. There is no guarantee some arbitrary event of copyright infringement has deprived the copyright holder of _anything_.

      There's no need to come up with weird and wonderful analogies with theft, or trespassing, or anything else for copyright infringment. All copyright infringement consists of is copying someone else's idea without their express permission. Nothing more, nothing less. It's not at all like stealing. It's not at all like trespassing. It's not at all like anything except what it is, which is reproducing an idea.

    23. Re:It's NOT STEALING. And it never will be. by drsmithy · · Score: 1
      Personally I like the term "pirate." It's such an antiquated term that it lacks most of its original meaning, actual piracy is incredibly rare, [...]

      You should try sailing a boat around South East Asia for a while.

      [...] and it is culturally entrenched enough to become an accepted standard. I would prefer if copyright violations kept the name copyright violations, but realistically with seven syllables it would have to be shortened in Japanese fashion to copvi, and even that might have one syllable too many. "Pirate" is a good compromise term.

      Personally I think equating something as, well, *trivial* as copying an idea with premeditated murder, rape and theft to be an abhorrent example of media brainwashing. Do you think equating jaywalking with rape would be a good "compromise" as well to make it appear a more serious crime ?

    24. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      he loses the right to decide upon the fate of that individual work such as charging you a fee for using the work.

      He never had the right to "decide upon the fate of that individual work" in the first place.

      Copyright gives you the right to restrict copying under some circumstances. That is all.

    25. Re:It's NOT STEALING. And it never will be. by mpe · · Score: 1

      Personally I like the term "pirate." It's such an antiquated term that it lacks most of its original meaning, actual piracy is incredibly rare,

      It depends where you are. In some parts of the world piracy aka "armed robbery on the high seas" is still fairly common.

    26. Re:It's NOT STEALING. And it never will be. by raistlinjones · · Score: 1

      This site has a weekly listing of actual piracy. It's really quite fascinating.

    27. Re:It's NOT STEALING. And it never will be. by GooberToo · · Score: 1

      And compare that with the number of CDs actually purchased. I'm sure that staggering number works out to be something of a percent of one percent. I'd consider that to be very rare indeed.

    28. Re:It's NOT STEALING. And it never will be. by GooberToo · · Score: 1

      I worked for an employer. I he owed me around $12,000 dollars. He decided that he didn't he would go out of business and not pay me. He planed this up front. The courts do not call this theft even though, clearly, he stole my time and services.

      Anyone with a single brain cell, know this was theft. Illegally copying music is theft. In a nut shell; did you pay for it and is it supposed to be made available without a fee? If the answer is, "no", then you are a thief. Period.

      Any other position is simply toying with words in an attempt to deney they are a thief.

      Look people, this is something we all learned in kindergarden. Stop being idiots. If you take something that is not yours, you didn't pay for, and money was expected in exchange, you are a thief. Period.

    29. Re:It's NOT STEALING. And it never will be. by lxs · · Score: 1

      you are still walking away with something that isn't really yours.

      I'm also breathing air that isn't really mine, since I haven't paid for it, nor have I been granted a licence.

      I must be dumb or something, but can somebody explain to me why this is morally wrong, since nothing has gone missing. And please don't start about "lost sales", since as far as I can tell, you can't lose something that you didn't have in the first place.

    30. Re:It's NOT STEALING. And it never will be. by Cackmobile · · Score: 1

      actually trespass is not going onto some ones land. To get some for trespass there has to be intent. If you just using it as a throughfare its not trespass. NSW law. not sure about the rest of Oz/World but I am almost certain that it applies whereever the law stems from common law eg UK with the ramblers and Madonna trying to stop them crossing her land.

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
    31. Re:It's NOT STEALING. And it never will be. by swv3752 · · Score: 1

      Did you pay a licence fee to listen to that kids rap music playing on the bus? Technically you are supposed to for any public performance. By your standards, you are a thief.

      Perhaps if you had advaced beyond kindergarten, you would realize there are shades of grey. Also that legal acts are not necessarily moral acts and vice versa. Ever hear of civil disobediance? One commits an illegal act, to demonstrate that the law is wrong.

      --
      Just a Tuna in the Sea of Life
    32. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      Copyright has everything to do with it, because if it didn't exist, it would be legal to copy things.

      Based on your argument, copyright should be perpetual and nothing should ever fall into the public domain as long as it is being sold.

      I'm fairly certain that stealing was originally made illegal primarily because it deprives the original owner of the posession, not because it benefits the thief.

    33. Re:It's NOT STEALING. And it never will be. by mwood · · Score: 1

      They can call copyright violation "piracy" when they can show me the murdered crews and the scuttled ships.

    34. Re:It's NOT STEALING. And it never will be. by ArtDent · · Score: 1

      You're trying to define stealing as getting something of value without paying for it. The dictionary, and the law, disagree with that definition.

      A more accepted definition can be found here: "the taking of someone else's property with the intention of permanently depriving that person of it."

      Webster's adds that, "To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief."

      When it comes to "stealing" music, copyright has everything to do with it. You're just copying data, which doesn't meet the definition of theft, above. No part of any property has been removed from its former position; no one will be deprived, permanently or otherwise, of the property; and you are not in the complete possession of the property. The only reason you might be committing a crime is if copyright forbids you from copying that data because an exclusive right to do so has been granted to its author.

      The act of copyright infringement is fundamentally different from that of stealing. The use of the word "theft" to describe it is propaganda, pushed by special interests who would like to tie down and "own" every thought, idea, and piece of information possible. I reject it.

      Finally, a very relevant plug for a some very valuable information that you may access for free: Lawrence Lessig's new book, Free Culture. I downloaded the PDF, but after reading the introduction, I bought the hard-cover.

    35. Re:It's NOT STEALING. And it never will be. by GooberToo · · Score: 1

      Sadly, you didn't get past kindergatern. How very sad. You might bother to learn what a "public performance" is.

      Now that we've established your stupidity, one can assume that you're a petty, selfish theif. Does more need to be said about your stupidity and how you'll brainlessly attempt to justify it now?

      You're a loser and theif.

      One commits an illegal act, to demonstrate that the law is wrong.

      Oh shesh. This is getting pathetic. Now you claim your fighting the good fight? So, since you're fighting the good fight, it's assumed that you're stealing music and then collecting money to ensure the artist is still getting paid? Right? Of course you're not! Why? Because you're a loser, selfish, idiotic theif with no morales and an actively delusional mind working hard to justify what is plainly wrong. You, are a worthless theif.

      Now then, if you can show proof that you're ensuring the artists are still getting paid, then I'll retract what I just said. Until such time, only an absolute idiot is going to buy into your "civil disobediance", bs-lie.

    36. Re:It's NOT STEALING. And it never will be. by PhraudulentOne · · Score: 1

      I would have said "Screw you, I'm sitting on my roof and watching your game if I want to. If you don't want me to, build higher walls. If you build me a seat on my roof like the ones in your stadium and send a guy up here every 15 minutes to bring me snacks and beer, THEN i'll pay the $10 for a ticket - if not, get off my property." If this didn't work I would have said "Before your stadium was here, I was allowed to come up on the roof and relax. Now you've placed something in my DIRECT VISION which I cannot look away from and you force me to pay for looking. I am in turn going to charge you a fee for disturbing my view every night and limiting my freedom (STEALING my freedom and a favourite passtime). The charge will be equal to the cost of a ticket price every evening."

      --
      You create your own reality - Leave mine to me.
    37. Re:It's NOT STEALING. And it never will be. by hesiod · · Score: 1

      > Information wants to be free, we communicate for the purpose of telling one another how we feel, how we think, forming unity, or breaking it apart.

      Read my sig. It's people that want things, and people certainly want it all for free, not information. Do you see a bird in the sky and say "birds want to be free?" No, the bird is flying -- just doing what it does. Information just is, and all it does is inform, it desires nothing. I have the desire to become informed, but for it to happen I must take the first step, as the information itself cannot.

    38. Re:It's NOT STEALING. And it never will be. by jedidiah · · Score: 1

      At least read the damn copyright act before you start blathering. A single act of copyright infringement is not necessarily a crime. It has always, and still does, require certain conditions be met.

      In this respect, copyright has always been quite distinct from other "crimes". Typically, a crime is always a crime and doesn't require some threshold of damage to cease being just a tort.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    39. Re:It's NOT STEALING. And it never will be. by jedidiah · · Score: 1

      The bird doesn't have a marginal cost of ZERO. Information does. THIS is one of the reasons why information wants to be free. It's merely a simple principle of microeconomics.

      This is why copyright law exists: to create artificial scarcity and thwart this fundemental property of information.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    40. Re:It's NOT STEALING. And it never will be. by ryanwright · · Score: 1

      You can be sued for anything. Winning is a different matter. In this case, the bars settled.

      --
      -Ryan, with the unoriginal sig
    41. Re:It's NOT STEALING. And it never will be. by vivian · · Score: 1

      There's an excellent fable about this sort of thing that I read long long ago. It went something like this - I think it was an ancient japanese fable called "The Fish merchant and the Beggar". A brief version of it goes something like this:

      A merchant had set up a stall selling hot fried fish for 1 silver piece each, in the local marketplace.

      Near by, a beggar eating his simple meal of plain rice in his regular spot was enjoying it much more than usual, because the aroma of the fish nearby added extra flavour to his simple meal. "How delicious this rice is with the smell of fried fish!". The merchant upon hearing this, and watching him eat his rice, became insenced with the beggar. Finally, after the beggar had eaten his meal, the merchant demanded that the pay a silver piece for the smell of the fish that he so obviously enjoyed while eating his rice. Of course the beggar refused, and they both went before the magistrate to resolve the dispute.

      The magistrate's solution?

      The beggar was made to go out in the bright sun with the merchant, and the magistrate lent the beggar a silver coin.

      Then the magistrate said "Now hold the coin to the sun and let it's shade fall in the merchant's hand. There merchant, is the price paid in full - the shadow of a coin for the smell of a fish."

      The moral? An intangible product will be paid for in kind.

      I think they must have had wiser (and fairer) magistrates in Japan in the old days than we do now...

    42. Re:It's NOT STEALING. And it never will be. by cpt+kangarooski · · Score: 1

      The version I heard involved the aroma from a resturant and the sound of coins clinking together.

      But I wouldn't have put much faith in the judicial system of feudal Japan.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    43. Re:It's NOT STEALING. And it never will be. by cpt+kangarooski · · Score: 1

      copyright holders have exclusive rights to make copies and redistribute their "property" or their creative works.

      This isn't actually correct. A copyright does not grant the copyright holder the right to do anything. Due to the operation of other laws (e.g. libel, national security) it might be illegal to distribute copies of the works.

      All copyright is good for is excluding others. It doesn't allow distribution itself, though. Free speech is what does that.

      Most of the times these actions involve making and distributing copies of copyrighted materials without copyright holder's permission. If you want to translate that to the P2P world, most of the times that would be P2P users who share these files.

      Well, uploading is distribution, and distribution is an exclusive right per 17 USC 106. Downloading is reproduction, and that too is an exclusive right per the same statute. This was discussed in the 9th Circuit opinion on the Napster case. You don't have to share to break the law. The reason RIAA et al are concentrating on uploaders right now is the same as the reason they were concentrating on the P2P networks themselves earlier; it's more efficient to go after the head of the snake. Don't confuse that decision for an inability to strike anywhere.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    44. Re:It's NOT STEALING. And it never will be. by elflord · · Score: 1
      You're trying to define stealing as getting something of value without paying for it. The dictionary, and the law, disagree with that definition.

      Theft of services, theft of identity, etc. Theft does not need to involve the removal of tangible property.

      A more accepted definition can be found here: "the taking of someone else's property with the intention of permanently depriving that person of it."

      It's "more accepted" by the slash-herd, because it furthers their agenda of distinguishing themselves from common criminals, even though they are not substantially different.

      Webster's adds that, [snip: legal definition]

      This is a legal definition. There are a number of other definitions of the term. Not all of them require physical removal of property. Note that "identity theft", and "theft of services" do not meet your websters definition either.

      The act of copyright infringement is fundamentally different from that of stealing. The use of the word "theft" to describe it is propaganda, pushed by special interests who would like to tie down and "own" every thought, idea, and piece of information possible. I reject it.

      Exactly -- what the use of this term is about is a battle for legitimacy. Call it whatever you want, but it doesn't justify it. A self-centered grab at resources at someone elses expense is not a moral action regardless of whether the resource is tangible, physical property or not.

    45. Re:It's NOT STEALING. And it never will be. by cpt+kangarooski · · Score: 2, Insightful

      I've never interpreted it like that.

      Rather I think of 'information wants to be free' as being similar to other aphorisms such as 'water seeks its own level.' Obviously water isn't actually seeking anything, it's just a way to describe what tends to happen.

      Information tends to become widespread. Once it leaves your control, you typically can't get it back. So to put it another way, you might say 'secrets don't want to be kept.'

      Whether the information is secret because it's scandalous, or slightly secret merely because you're expected to pay for admission to see it, eventually it'll escape from your control and tend to spread amongst those that are interested in it, and you'll never get it back.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    46. Re:It's NOT STEALING. And it never will be. by elflord · · Score: 1
      I must be dumb or something, but can somebody explain to me why this is morally wrong, since nothing has gone missing.

      Is evading a train fare morally wrong ? Nothing has gone missing. Is sneaking into the back iof a movie theatre morally wrong ? Nothing has gone missing. Is securities fraud morally wrong ? Nothing has gone missing.

      Your simple-minded reasoning fails to recognise that there is indeed real value in the production of intangible goods. Societies that fail to recognise the value of such goods inevitably are doomed to stagnation and ignorance.

      And please don't start about "lost sales",

      It's more subtle than "lost sales". The problem is that lawless behaviour (like looting, stealing, fare evasion, securities fraud/insider trading etc) prevents the market from working efficiently. Instead of everyone paying their share, you have a bunch of free-riders, who every one else is ultimately subsidising.

      The problem ultimately is that the free riders depend on paying customers to provide them with the service that they enjoy. In that sense, they are hippocrites in that they adopt a behaviour that they can't honestly say they wish to universalise (Kant's categorical imperative)

    47. Re:It's NOT STEALING. And it never will be. by elflord · · Score: 1
      Call it what you like, it is a crime. Call it what you want, but it shouldn't be a crime. Information wants to be free, we communicate for the purpose of telling one another how we feel, how we think, forming unity, or breaking it apart. This is what is wrong, not our declarations of which crime we are breaking. Hell, if it's a crime to tell someone else how you feel lyrically, lock me up and never play another piece of music near me again.

      The problem is that these acts of piracy that we are discussing have very little to do with either "informing" anyone (giving someone information as in oral or written communication) or "lyrically expressing ones feelings "which suggests some sort of creative process (as if copying involves any creativity). The things that you refer to -- informing people, or creatively expressing yourself are not crimes at all, and arwe certainly not copyright infringement. You are attempting to obfuscate the issue by drawing a relationship between two completely unrelated things -- informing/creative expression, which, ironically, is quite the antithesis of actually producing creative work or informing someone.

    48. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      You're taking something that you can only get (legally) if you had paid for it.


      I didn't know I had to pay to listen to the radio. Who do I make the check out to??

    49. Re:It's NOT STEALING. And it never will be. by lxs · · Score: 1

      Is evading a train fare morally wrong ? Nothing has gone missing. Is sneaking into the back iof a movie theatre morally wrong ? Nothing has gone missing. Is securities fraud morally wrong ? Nothing has gone missing.

      In the first two cases you're taking up a finite space that cannot be taken by a paying customer. That is depriving someone of legitimate revenue, so it's wrong. The third case is more subtle, but it's tilting the scales and I agree that it's wrong.

      I also agree that there is a cultural value in the production of intangible works, but I am not sure that there should be a monetary value attached to that. You don't charge people for the correct value of Pi, Newton's equations are free as the air you breathe. Both have contributed more to the advancement of humanity than the entire record industry, and no fat executive has spent his share of the royalties on strippers and coke.

      When you bring in the term "lawless" you're straying into legal territory, which is different from moral territory (although in a perfect world they would coincide)

      Finally when the market stops working efficiently, it's time for the market to adapt to the changing circumstances, not to force the entire world to adapt to an obsolete system. Don't forget that the music industry as we know it today is only half a century old, the film industry has entered into the mass production game only a quarter of a century ago with the introduction of videotape. These industries have risen rapidly, they can fall just as quickly. Nobody owes them a living.

    50. Re:It's NOT STEALING. And it never will be. by elflord · · Score: 1
      In the first two cases you're taking up a finite space that cannot be taken by a paying customer.

      But is this an issue if you're doing this during the off-peak, when space is abundant ?

      I also agree that there is a cultural value in the production of intangible works, but I am not sure that there should be a monetary value attached to that. You don't charge people for the correct value of Pi, Newton's equations are free as the air you breathe. Both have contributed more to the advancement of humanity than the entire record industry, and no fat executive has spent his share of the royalties on strippers and coke.

      Most scientists (including Newton) are paid for their work, though the funding mechanism itself is very different from that used for music. Usinggovernment money as the primary funding source for musicians would be inappropriate, and most people would find it objectionable.

      When you bring in the term "lawless" you're straying into legal territory, which is different from moral territory

      The point is that people like looters, thieves, shoplifters, and pirates do not produce anything, nor do they contribute to productivity. They attempt to willfully disrupt trade for their own benefit. The actions of these people is not a replacement for any lawful model.

      Finally when the market stops working efficiently, it's time for the market to adapt to the changing circumstances, not to force the entire world to adapt to an obsolete system.

      One must identify what isn't working properly. For example, the fact that securities fraud is a problem does not justify shutting down the New York Stock Exchange. When people evade train fares, it does not justify shutting down the mass transit system. Especially in the case of securities fraud, there need to be effective laws and effective enforcement to address the problem. As the securities system grows in complexity, and the speed of trade increases, the laws need to be refined to adapt to the new technology. The adaptions in the laws should protect fair and equitable trade, they should not pander to those who wish to disrupt it and undermine the market by exploiting inefficiencies in the system.

      Don't forget that the music industry as we know it today is only half a century old, the film industry has entered into the mass production game only a quarter of a century ago with the introduction of videotape. These industries have risen rapidly, they can fall just as quickly.

      They could indeed fall, and they could be replaced by better business models. But piracy is not such a model, and the fact that these industries could be replaced is not a justification for piracy. When they are replaced, they will most likely be replaced by other businesses, not a "free information" utopia.

    51. Re:It's NOT STEALING. And it never will be. by zurab · · Score: 1
      All copyright is good for is excluding others. It doesn't allow distribution itself, though. Free speech is what does that.

      OK, I see your point. Although if "others" are excluded, and copyright holder has rights to free speech, then copyright holder has exclusive rights to redistribute the work - which is what I said. You can get to it both ways but I do see your point. Anyway, this is a side point to my original argument.

      Downloading is reproduction, and that too is an exclusive right per the same statute. This was discussed in the 9th Circuit opinion on the Napster case. You don't have to share to break the law.

      Yes, people keep pointing this out. I'd like to see this explored more. Imagine if you go to a website and it starts playing copyrighted music and loads copyrighted images without having copyright holders' permissions, can you - the site visitor - be sued or prosecuted for copyright violations? IANAL, but it seems to me if the downloader knowingly downloads a copyrighted work and has a reason to believe that the sharer has no rights to distribute the said work, only then should the downloader be violating.

      Another similar example: if you visit, say Wal-Mart online music store, purchase and download some music tracks; only to find out later that Wal-Mart didn't have proper rights to redistribute them, can the copyright holder sue you - the downloader - for damages? I don't think that's right.

      If you expand even more on that principle, then imagine holding consumers (at least partially) liable for literally guessing whether the copyrighted content they are purchasing (or getting for free) is "legal" or not. And even then, copyright holders are free to sue any distributors anytime in the future, even if those distributors were thought to be "legal" at some point, putting everyone who acquired that work ("legally" in the past) at risk of being liable for coyright infringement. This is going too far. Copyrights need to be limited in nature, not all-inclusive like this.

      Now, I am not saying that a lot of P2P is like this. For example, if you use KaZaA and find the latest Britney Spears song from someone who's sharing it from a Comcast cable home network, you should know that that's a copyrighted work and have a reason to believe it's being distributed without permission. So, in that case maybe the downloader is responsible for contributory infringement (or whatever the term). In any other type of scenario, how can downloaders be held responsible?
    52. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      Because obviously they only play the 2 good songs on the radio.

    53. Re:It's NOT STEALING. And it never will be. by cpt+kangarooski · · Score: 1

      Although if "others" are excluded, and copyright holder has rights to free speech, then copyright holder has exclusive rights to redistribute the work - which is what I said.

      Sure. It's just that the copyright holder might in some cases lack the right to publish his works, even though he maintains the right to exclude others.

      You see this more clearly in the realm of patents -- you can invent and patent a drug that never gets FDA approval, and might even be made illegal. You could invent a new superweapon but not get the chance to have one. But you can still, in both cases, stop other people from using 'em too, for the life of the patent. You get the idea.

      Imagine if you go to a website and it starts playing copyrighted music and loads copyrighted images without having copyright holders' permissions, can you - the site visitor - be sued or prosecuted for copyright violations?

      Yes. This has -- sort of -- already happened.

      First, know that you cannot be sued for contributory or vicarious infringement unless there is an underlying direct infringement. So when Napster got sued, the RIAA had to prove (and they did) that the users were breaking the law.

      In the Utah Lighthouse case the defendants encouraged people to look at copies of works that were put up on the net without authorization. The defendants didn't, at that time, have it up on the net themselves; other, unrelated sites did.

      When users looked at it, the court held that the act of downloading the site, even into RAM, purely for the purposes of looking at it, as a necessary step, was infringement. Since the defendants had known it would infringe, and contributed to it, they were liable.

      It's crazy, no?

      The only reason the downloader doesn't typically get sued is because it's not worth it to the rights holder to go after him. If he was really out for blood though, there'd be no way to stop him.

      if the downloader knowingly downloads a copyrighted work and has a reason to believe that the sharer has no rights to distribute the said work, only then should the downloader be violating.

      Copyright is a strict liability statute. Your state of mind, your intent -- it's irrelevant. Even if you are as pure as the driven snow and infringed totally accidentally, it doesn't matter. At most it MIGHT lessen damages.

      But I do agree -- reform is desperately needed. These laws are the acme of insanity. We've got to get rid of them and replace them with something better.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    54. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      Sounds like the bar owners got ripped off.Compare with this judgement from the High Court of Australia. Basically, the owner of a racetrack tried to sue a neighbour of the track for erecting a platform on their land and ringing the local radio station with the race results. The High Court was cool with it.

    55. Re:It's NOT STEALING. And it never will be. by Anonymous Coward · · Score: 0

      You mean we're freeriding. How can we help being freeriders in the digital age?

    56. Re:It's NOT STEALING. And it never will be. by cthugha · · Score: 1

      True enough, but what's odd is that the defendant bar owners settled when they were in such a strong position (on the facts as described in the great grandparent post). Perhaps there is some procedural defect in the local legal system that got in the way (i.e. not being awarded costs on successfully defending the action)?

      Oh, and I was a little hasty and reckless when posting before. Victoria Park v Taylor was an action brought in private nuisance, not trespass. The plaintiffs tried arguing that the defendant's actions in erecting a platform from which to watch and broadcast commentary on the races somehow interfered with the plaintiff's right to exclusively use and enjoy the land, viz. by running horse races to make a profit through ticket revenue, registration fees, etc. The court said no: the interference element of nuisance must be actual physical interference by means of noise, light, pollution, etc. Many apologies.

    57. Re:It's NOT STEALING. And it never will be. by sir_cello · · Score: 1

      Not paying you is not theft. It's entire a contract dispute, or (if you can prove that he intended to not pay you) fraud and deception. It is not theft.

      Illegally copying music is not theft either.

      I think the problem is that you haven't got a good grasp of how the entire landscape of law works. You can't simply apply these terms into new areas because doing so brings along a host of ther issues. It's fine for the media and other people to misrepresent the terminology, in the same way they do it for technical terms as well. But in the particular profession, the terminology can only be applied when the circumstance meet all of the criteria. They don't in the case of "abusing someones rights" rather than "unlawfully taking their property".

    58. Re:It's NOT STEALING. And it never will be. by hesiod · · Score: 1

      > The bird doesn't have a marginal cost of ZERO.

      Ummm... since "marginal cost" is entirely a human concept, a bird does not have any marginal cost at all -- not even zero cost. I've never thought that cost is what is meant by "free" in this phrase, though. I think it have more to do with freedom (liberty) -- either way, freedom has no real cost or even any real attirbutes. Information being free or unfree is meaningless, just as it would be to say "clouds want to be free."

    59. Re:It's NOT STEALING. And it never will be. by GooberToo · · Score: 1

      No, the problem is, is that law has nothing to do with common sense. Period. Law has nothing to do with Justice. Period. This is your source of confusion. This is exactly what I referenced kindergarder, so that simple minds, like yours, could grasp the concepts that 3 and 4 year olds don't seem to struggle with.

      You're a scumbag thief.

      Now then, once you bother to learn more about the landscape of how law works, you'll realize that there is tons of ambiguity in various aspects of law. Had they been logical and even handed when they wrote law, this would LEGALLY be considered theft. They weren't, so legally, it's classified as something else. Having said all that, I've not been talking about legal definition, which doesn't exactly take more than a couple of brain cells to understand. Clearly you didn't understand that so I'll spell it out again. You're taking something that you are not entitled to and you are not paying for it even though a fee is expected. This is called theft in anyone's book. Well, anyone's book that has more than a couple of brain cells.

      Not paying you is not theft. It's entire a contract dispute, or (if you can prove that he intended to not pay you) fraud and deception. It is not theft.

      No, it's called theft. He stole my services and time. It is not called a contract dispute. The contract was never in dispute. It is, however, call fraud. Oddly enough, fraud is often directly associated with theft. Wow! What a concept.

      It's fine for the media and other people to misrepresent the terminology, in the same way they do it for technical terms as well.

      Actually, the media rarely, if ever, misrepresents theft. Theft is theft. It's common sense. Like I said, kindergardeners don't have a trouble figuring this stuff out. Odd that you do. Now, legally, the law is less ambigious in the catorgization of specific offenses, and some crimes may not be legally catorgized as, "theft". Just the same, stealing is stealing, regardless of what it is. BTW, since you have so many problems with definitions, here is theft: the act of taking something from someone unlawfully; "the thieving is awful at Kennedy International". Hmm. Not exactly hard to understand why the media is pretty much spot on in how it depicts this illegal activity. As it relates to my example, my time and services were taken from me and I was not compensated. It was stolen from me. My former employer was a theif. Legally, he defrauded me.

      Why are such obvious and simple ethical concepts so hard for some people to grasp? Shesh. This isn't rocket science.

    60. Re:It's NOT STEALING. And it never will be. by Facekhan · · Score: 1

      The story appeared in Randy Cassingnam's True Stella Awards a while back and was updated in a recent issue.

      13 Bars were sued by the Cubs and 10 settled, agreeeing to pay the Cubs 15-20 dollars for patrons that go up on their roofs. Just goes to show how much a lawsuit can cost. This will net the Cubs over 1 million a year for doing nothing except infringing on the property rights of the bar owners.

    61. Re:It's NOT STEALING. And it never will be. by swv3752 · · Score: 1

      I don't bother with file sharing. I have purchased a few things from magnatunes, other wise it is the local used cd shop.

      Goober, do you fail to realize that a nummber of bums across the US have been charged with "Public Performances" by playing a stereo? It comes down to the same ridiculousness of a Waitress cannot sing "Happy Birthday". That is my real problam with the system. Noone should be allowed to bind up our collective culture. The copyright system is very broken. Artist compensation is chimera. The RIAA is not compensating artists. Surely by now you have seen Courtney Love's diatribes.

      Besides, you used the wrong terms. You accused me of being a theif, yet the acts you claim I do would be a copyright violation. If I snuck into Metallica's studio and took thier master tapes, then that would be theft. If I were to download a copy of "Enter Sandman" off of say Kazaa, then I would be would infringing copyright. (Though actually I think the person I received the song from would technically be the one in the wrong but IANAL). If it was different artist, such an act may be ok, basically if they gave permission then it would be so.

      --
      Just a Tuna in the Sea of Life
  6. Lovely acronym by modder · · Score: 4, Funny

    aria for the record industry.

    1. Re:Lovely acronym by Anonymous Coward · · Score: 1, Funny



      They should have a web site son.net

  7. HA! by black+mariah · · Score: 4, Insightful

    It's nice to see this. What the fuck is wrong with the large record labels that they can't see past their own fat asses and USE the new technology? With the popularity of iTunes and other online music services you'd think these labels would be clamoring over each other to offer up something similar. Buy the album at the store for $14, or buy it online for $9 and burn the damn thing yourself?

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
    1. Re:HA! by Atrax · · Score: 1

      Buy the album at the store for $14, or buy it online for $9 and burn the damn thing yourself?

      because then you could burn one for your mate, and he could burn one for his mate and...

      oh wait, what were we talking about again?

      --
      Screw you all! I'm off to the pub
    2. Re:HA! by zerocool^ · · Score: 1

      Yeah, whatever happened to that company that used a file-sharing program to determine what was the new-hotness, and was willing to sell cutting-edge marketing info to record companies, based on actual interest of the target audience?

      I remember someone posted a link in a discussion once to this company. I thought at the time, "There's a great use for it, and the record industry can profit". It would let them get back on the cutting edge, rather than 6 months behind.

      ~Will

      --
      sig?
    3. Re:HA! by Flaming+Foobar · · Score: 1
      Yeah, whatever happened to that company that used a file-sharing program to determine what was the new-hotness, and was willing to sell cutting-edge marketing info to record companies, based on actual interest of the target audience?

      I don't think it works that way. People download what's already well-known (i.e. what's currently on the charts etc). I have a hard time imagining someone typing in random keywords just to check out new music. I suppose accidents DO happen, but mostly people just want their Britney Spears fix. The big paradox in all of this is that an artist actually needs record sales in order to generate p2p downloads! I don't know what it amounts to and I doubt if anyone does...

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
  8. Repeat? by Jack+Porter · · Score: 4, Informative
    1. Re:Repeat? by Rogerborg · · Score: 2, Flamebait

      You must be new here. michael and Cowboy Neal don't read each other's articles (see here and here and about a jillion other examples). You might wonder how they can both draw a salary for doing the same amount of work (i.e. zero), but you have to understand that mumble lunix something dot com.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Repeat? by cthugha · · Score: 1

      Um, no. The article you link to refers to a separate story by a different author (although admittedly from the same newspaper) covering this year's figures only. The piece linked to by this story is an opinion piece looking at this year's figures as well as the general trend since 1998. I suppose, in this day and age, that it's too much to expect people posting about potential dupes to R both TFAs in question.

  9. Interesting by Pan+T.+Hose · · Score: 4, Interesting

    Is it in any way related to the recent broadband deployments and the legislative changes in Australia? Could any Australian posts some statistics of P2P networks traffic in Australian backbones? It could be interesting if that could be used as an argument that file sharing (or "piracy" if you will) might be actually good to artists all over the world. Very interesting indeed.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
    1. Re:Interesting by mister_tim · · Score: 1

      I think it would be very difficult to find details or statistics of P2P traffic on Australian backbones - mainly because it's quite a sensitive topic between ISPs and the record indutry. ARIA has been running a line that ISPs are soft on file sharing because:

      1. Lots of file sharing = big bandwidth usage
      2. Customers buy lots of bandwidth
      3. Profit for ISPs and, ARIA argues, losses for record industry and poor, struggling artists, etc etc

      So, the ISPs don't talk about file sharing.

      Beyond that, there hasn't been a particular increase in broadband deployment in Australia recently, although broadband take-up is apparently incresaing. However, I suspect that broadband's impact on file sharing would be mostly affect the sharing of large files, like software or movies, rather than music - music file sharing has been big in Australia for about as long as it has been in the US.

      Also, what legislative changes were you asking about? I can't think of any legislative changes recently that would make much impact on file sharing or record sales.

  10. Oh, come on by pytsun · · Score: 4, Insightful

    This is kinda obvisous... the total music industry growth p.y. is like 10% (extrapolating numbers from 1988-1998 to now), but CD sales is up only 5% world wide. Of course file sharing is hurting them. Not that I care...

    1. Re:Oh, come on by SunnyElLoco · · Score: 3, Interesting

      Could you please explain how this proves that file sharing is hurting them?

      Firstly, you'd need to define exactly what you mean by "growth". Amount of revenue, profits, people employed? None of those imply that the growth should be equal to the number of CD sales. For example, the profits might well be increasing by 10%, while the CD sales increase by 5%. All this means is that the industry has been able to increase their profit margins. Not that piracy is hurting them.

      In fact, the logical conclusion to draw from your data (if it is correct) would be that the music industry is finding alternative revenue streams apart from CD sales to drive its growth. Either that or they're cutting their costs or increasing the price.

      To get a more accurate picture, you should look at the development of the CD sales over time, and preferably compare it with the development of the customer base. If you see that the sales growth is going down as file sharing increases, you might postulate that file sharing is hurting the industry. But of course that would not prove it, there could be other reasons for it, such as the fact that most of the "music" sold these days is utter crap.

      -Sunny

    2. Re:Oh, come on by FullCircle · · Score: 4, Funny

      It couldn't POSSIBLY be that we are having trouble paying rent or buying food due to the economy.

      Yep, it's gotta be those darn pirates.

      --
      If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
    3. Re:Oh, come on by noodler · · Score: 1

      and dont forget the rising popularity of dvd's.,
      that's gotta hurt cd sales.,.,

    4. Re:Oh, come on by Anonymous Coward · · Score: 0

      Or having to work more overtime, or more entertainment choices in the way of movies, games, tv, porn, trolling slashdot.

      Ok, so for me it is trolling, porn, tv, games, movies, music, but that shouldn't be taken as an indictment of the observation in general.

    5. Re:Oh, come on by Anonymous Coward · · Score: 3, Informative

      lol, your numbers are all wrong, and you didn't even cite a source.

      Truth is that CD sales went up since p2p networks were released, but I'm not claiming there is a connecton.
      Truth is CD sales went down when with the economic downturn, but I'm not claiming that economics and CD sales have any connection whatsoever.
      Truth is CD sales went up with each new p2p network released and went down when the p2p networks were shut down, But I'm not claiming there is any connection.
      Truth is that record compaines have fewer new realeses now than before, but I'm not claiming that that fewer realeses == fewer sales.

      I'm not claiming anything, I'm just telling you the truth. It's all in these following links.

      http://www.businessweek.com/technology/content/f eb 2003/tc20030213_9095_tc078.htm
      http://news.bbc.co .uk/1/hi/technology/3117505.stm
      http://www.azoz.c om/music/features/0008.html
      http://www.theregiste r.co.uk/content/archive/26710 .html
      http://www.forrester.com/ER/Research/Report /Summar y/0,1338,14854,FF.html

    6. Re:Oh, come on by LordK2002 · · Score: 1
      This is pure logical fallacy, the exact same fallacy that the record companies would like you to fall for. The reasons for the figures you quote (assuming they are correct) could include:

      1. File sharing is hurting music sales.
      2. Music quality is declining, and people don't want to buy it any more.
      3. People already have such large CD collections that they simply don't need any more.
      4. People's lifestyles are changing so that they have less time to listen to recorded music.
      5. The behaviour of the record companies, their litigation against children and OAPs and their perceived (and probably real) exploitation of artists is dissuading consumers from giving them money.
      6. The increase in digital music services (digital radio, satellite etc) is allowing people a wider choice of music and they don't need to by CDs any more.
      7. People are attending more live gigs rather than buying pre-recorded music.
      8. The statistics are massaged in some way, such as they only include singles or ignore music on other formats like DVD.
      9. The rate of increase in CD sales is in fact constant, but the expansion of the record industry is accelerating so the relative growth appears to be declining.
      10. The legal online download services are taking market share from the physical CD market.

      I am sure you can think of many more if you open your mind and disembark from the recording industry's bandwagon.

      K

  11. Despair, Pirate Scum !!! by Anonymous Coward · · Score: 5, Funny

    Listen now, ye yellow-livered one-eyed pirate scum ! Ye thought ye had em down, didn't ye ? Bu they're still rising, ain't them ? Ye can't keep them Music Empire down, can ye ?!?

    Look at these numbers and despair, ye pirate scum !

    1. Re:Despair, Pirate Scum !!! by Tin+Foil+Hat · · Score: 1

      Heh.

      My brother is a bona fide sea captain. When I told him about the PIRATE Act being sponsored by our favorite right-wing nut job, Orin Hatch, he honestly thought I was talking about piracy on the high seas and I could only wish that it were so. It would certainly make more sense.

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
  12. The record industry by Neo-Rio-101 · · Score: 3, Interesting

    Seems like the record industry has hedged it's bets here.

    It figures that it can make the most money by selling CDs, riding the P2P wave of free marketing, and then making money out of suing file traders.

    It would make no sense from the perspective of their bottom line to endorse piracy... to them it's a free marketing & settlement cash cow!

    Maybe they figure that there's more money to be had in doing things that way, as opposed to embracing the new technology? Worth a thought....... especially if they're making more money than ever.

    --
    READY.
    PRINT ""+-0
    1. Re:The record industry by Tetrad69 · · Score: 1

      and then making money out of suing file traders

      Oh please. Suing file traders is a scare tactic, not a source of income. The lawyers cost more than the paltry 3 grand or so they're averaging per settlement.

    2. Re:The record industry by Beatbyte · · Score: 1

      making money out of suing file traders.

      I seriously doubt the few thousand dollars they get from a p2p user makes up for the $500+/hour the lawyers are charging them. I would tend to be they think its the principle that they're fighting for.

  13. Quantity not quality ? by Space+cowboy · · Score: 3, Funny


    Given the crap nature of 99% of current music, either Aussies have *really* bad taste, or the quantity of crap being rained from above must have gone through the roof...

    Simon

    --
    Physicists get Hadrons!
    1. Re:Quantity not quality ? by ignavus · · Score: 1

      How much Australian music do you listen to?

      --
      I am anarch of all I survey.
    2. Re:Quantity not quality ? by TDRighteo · · Score: 1
      Well, you could always take a look:
    3. Re:Quantity not quality ? by Salvo · · Score: 1

      Your 1% of non-Crap-US music is more like 20-30% of non-Crap-Australian music.

      There is quite a bit of Quality Music here in Australia, some modern, some Progressive, and some Traditional. Also, there is a Healthy Independant/Live Music Scene in most Major Cities. Public Radio Stations also open up Unknown Music to a wider Audience, in all sorts of Genres and Styles. They have such a Large Audience, that one Melbourne Public Radio Station (3RRR,) is Purchasing a Property to house their studios.

      I'm not saying there isn't a lot of Crap Music in Australia, but there is also a Lot of Good Music...

    4. Re:Quantity not quality ? by JLeslie · · Score: 1

      Methinks your like me--stuck in North America. The stuff that comes on commercial radio where I am is pretty crappy, if only because it all sounds the f@%!@in same!

      Australia has a kick ass national radio station though, called triple J. Just so happens that the author of this piece is a triple J broadcaster. Listening to this station does make you want to buy albums again. Only problem is so many of them arent on shelves here *sigh*.

      Filesharing or no filesharing, when's the record labels gonna wise up to the fact that the gooey-soft-pop-rock hegemony that is commercial radio is whats really behiund the decline of album sales.

      I highly recommend triple J radio: http://www.abc.net.au/triplej/

    5. Re:Quantity not quality ? by Anonymous Coward · · Score: 0

      Sadly most of the music available here in Australia is just shit spewed from the US. One crap musician after another, with nothing to set them apart. Has the US just lost all sight of what music is about? To make that worse, we've got these godawful imported TV shows where they create a popstar who vanishes without trace ten minutes the single hits the shelves.

      I find these days that there's very little music worth listening to. There's no creativity, no originality, no taste and no goddamned ideas anymore.

      Maybe it was always this way, but the wider leeway afforded to the earlier artists allowed for more expression and new things to be explored. These days, originality is just not safe enough for lazy companies looking for quick money, and musicians who can't play, sing or write.

      It's music for the deaf, by the deaf.

    6. Re:Quantity not quality ? by netsrek · · Score: 1

      Well You've Completely Convinced Me...

      --

      i don't read slashdot anymore.
    7. Re:Quantity not quality ? by wombatmobile · · Score: 1

      Given the crap nature of 99% of current music, either Aussies have *really* bad taste, or...

      ... or people in Australia are buying music that isn't what you're listening to there.

    8. Re:Quantity not quality ? by Cackmobile · · Score: 1

      Been stuck here in London for past 2 years. I'm dying for Triple J. no home comp and my work one has no sound card. D&mn

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
  14. Savy Consumers by Anonymous Coward · · Score: 5, Interesting

    What the RIAA and the MPAA and their foreign counterparts don't understand is that people are less willing to spend their money on crap. Look at Gigli, where the movie industry blamed movie go-ers who text messaged their friends that the movie was bad. Or the latest Tomb Raider movie, where they tried to blame the latest Tomb Raider video game. Consumers are simply not willing to waste their money on things that suck.

    The same is true with music. I for one prefer to download the entire CD to listen to all the tracks. Most online music sites have the first 30 seconds of each song. I really don't feel like I know enough from those 30 seconds to decide if I like the CD. I can usually decide that I don't like the CD. Think of how many people get upset because there's the won good single on the radio and the other tracks are all crap? I will happily go out and buy a CD if I feel it is worth the cost. I have bought more CDs because I listen to the whole CD and decide if I like it enough to buy it.

    1. Re:Savy Consumers by Neo-Rio-101 · · Score: 1

      The Latest Tomb Raider game is quite enjoyable actually....

      I'm surprised they even bothered with a sequel of the film considering the first one was so bad.

      The problem is that Lara Croft is too serious and unemotional to be involving as a character, and then the plot includes some silly scenes and ghoulish monsters that are too unbelievable to be scary. It would all be better suited to a cartoon... but then it'd be too violent.

      Indiana Jones at least had a cocky sense of humour, a sort of grudging acknowledgement that let us know that we are clearly in a fantasy world!

      --
      READY.
      PRINT ""+-0
    2. Re:Savy Consumers by Anonymous Coward · · Score: 0

      Most of us have bought albums after hearing a good single or 2 and ended up with lemons. The record industry knows any chance to properly preview the product exposes the rubbish they've tried passing off as music.

      I find that 95% of computer game demo versions convince me the game is not worth buying. In markets dominated by crud honest previews seriously damage sales, every time.

      The record/movie/game industry will bury any evidence that 'pirating' leads to sales because for most of the market it doesn't. They'll carefully hide any suggestion that copies of crud simply get deleted because that devalues the 'lost sale' accounting.

    3. Re:Savy Consumers by Anonymous Coward · · Score: 0

      Yeah, us savy consumers would never go out and buy 10 million albums from some prepackaged band of mouseketeers that lip-sync songs they never even wrote in concert. BTW, the number one movie of all time isn't Citizen Cane it's Titanic, and the number one movie at the box office right now isn't Sunshine of the Eternal Mind, it's Scooby Doo 2.

      People are more than willing to spend their money on crap. Sometimes the crap just happens to be so bad that even the dumb and easily manipulated won't pay $ for it.

      Anyone that modded this post up has never left his apartment, society is filled with 99% crap these days and it's entirely because of the dumb, average consumer.

    4. Re:Savy Consumers by Anonymous Coward · · Score: 0

      "Consumers are simply not willing to waste their money on things that suck."

      You are a fucking idiot. If there's one thing you can always count on, it's people being convinced to purchase shit in mass quantities.

      It's nice that you have blind faith in humanity and all, but you've gone to be the dumbest person alive to actually believe what you're saying.

  15. This just in! by mrpuffypants · · Score: 4, Funny

    Record labels lie! Details at 11!

    1. Re:This just in! by Monkelectric · · Score: 0, Offtopic

      Hey love your sig, and MST3k! recognize my name? ;)

      --

      Religion is a gateway psychosis. -- Dave Foley

  16. Bargain Bin Browsers by NewtonsLaw · · Score: 4, Insightful

    In my regular newspaper column I recently wrote about the phenomenon that is the bargain-bin music browser.

    These are the people who spend hours pawing through the big bins of massively discounted CDs you see in the corner of many music stores.

    These discs are often compilations or recordings that, for one reason or another, simply never sold at the full retail price.

    Although the bargain-bin browsers will happily pay $1, or even $10 for these discounted albums, they'd never ever consider paying full price.

    The only way the stores can clear them is to virtually give them away.

    Well the arrival of P2P filesharing networks has produced the ultimate extrapolation of the bargain-bin browser.

    These are the people who will download a track or an entire album -- but only because it's free.

    They would likely never buy the album or tracks in question -- even if they did turn up at $5 in the local bargain-bin.

    So do these people really represent lost sales to the recording industry?

    No they don't.

    A huge percentage of those who download a large proportion of the music found on P2P networks simply would never buy the music they copy to their PC's hard drive or CD writer.

    For the recording industry to claim otherwise is, to use the politest term that springs to mind, disingenuous.

    Yes, filesharing probably does have some negative effect on disc sales, but the recording industry have brought that on themselves by overstating their case to the extent that nobody actually believes them any more.

    1. Re:Bargain Bin Browsers by Anonymous Coward · · Score: 0
      I know that quite a bit of MY downloaded collection is "guilty pleasure} music, stuff I would never admit liking to my music-nerd friends, let along be caught purchasing.

      And an even bigger chunk is music that I downloaded simply because I could. Maybe listened to it once or twice, wouldn't care if it was gone, and under no circumstances would have bought it in the store.

      And finally, there's the stuff I actually like. And you know what? More often than not, it's stuff I didn't know so well, discovered I liked it, and went out and bought the album. Because, you know what? For most bands, it's hard to find anything but the hits on the P2P networks. Especially if they're the least bit obscure.

      So, what does this all mean? I don't know. I have a much larger music library than I would've otherwise, and I'm much more knowledgable about music than I would've been if P2P didn't exist. I'm spending about the same amount on CD's as I did six years ago, but I'm buying stuff I know I like.

    2. Re:Bargain Bin Browsers by Rogerborg · · Score: 2, Funny

      That's a good point. The Bargain Bin is just like filesharing, in that it violates the exclusive rights of the owner to control copying and distribution, and they receive no reward from it.

      No... wait a second...

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Bargain Bin Browsers by awol · · Score: 1

      You have hit a very important nail squarely on the head. But the problem is well understood in economic terms. The term "price sensitive" is used to describe this phenomena in general, but the specific twist that the digital age brings is the delivery of a lot of goods that are ordinarily priced at some level at a price of zero. At a price of zero, people will download and listen to bucketloads of stuff some crap some wonderful but charge them even a penny for such a thing and they will do without. It even goes so far as many people are reluctant to even set up the billing relationship to allow them to pay for the small amount that they actually want and they would rather do without, or just move their leisure time (and remember it is mostly leisure related) to a different channel.

      It is much more important to look at household subsitute expenditure than record sales for the source of the industries problem. Only such a diverse analysis including year on year sales and the percentage of sector expenditure will show the true position. I imagine that average household leisure expenditure is increasing and that the recording industries share of that sector is decreasing, not because their product is crap, but because their product has been substituted with cable, video games, DVD and even SMS.

      The fact that the recording industry (and I don't mean the music creation industry but I mean the distribution companies) serves no purpose anymore and has been made irrelevant by the ability for artists to distribute their own work, is a small fact (ha!) that they haven't realised yet, or perhaps they have realised it and are fight tooth and nail in their death throws to hold on to a market for as long as possible. But they will die. Unfortunately a company like ClearChannel might be their successor, which may not be a better thing particularly if they take the next step and tie up all the smaller venues at which musicians can give performances as well.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    4. Re:Bargain Bin Browsers by mpe · · Score: 1

      The term "price sensitive" is used to describe this phenomena in general, but the specific twist that the digital age brings is the delivery of a lot of goods that are ordinarily priced at some level at a price of zero.

      Thing is that "content" is not "goods", a CD or any other piece of media is a "good". Goods are made of real physical property. In the past it was difficult to get hold of "content" without needing a media. So the fiction of "intellectual property" was accepted.

    5. Re:Bargain Bin Browsers by awol · · Score: 1

      Perhaps it is just semantics, and my use of the term "goods" is the problem, but property does not need to be physical in order to be real. If it is just goods to which you are ascribing the must be physical dogma then fair enough but property does not need to be a physical thing.

      I don't believe in intellectual property either, so that is not my objection. But you can create property in, for example, an easement or a right of way. Each of which can be transferred, but has no physical manifestation itself.

      I too believe that IP is a fiction and a mistake, but it is not it's ethereal nature that is the source of the problem. There are many deficiencies in IP that mean it cannot be property, but just one, and it is fatal as far as I am concerned, is the lack of "exclusivity". That is, if you transfer an instance of a piece of IP to someone and that someone passes on a copy of it to a third party, you still have the original hence you have suffered no loss, similarly you cannot "exclude" the person to whom you gave the IP from that transfer (without recourse to a remedy in IP law) since it is simply enjoying one of the amenities of the thing you have given them (this is an oversimplification but the complexities make the argument more involved, not different). The same is not true of, say, a right of way that is attached to your house as part of it's property, if you are barred from enjoying the right of way you lose the amenity, exclusion is possible, therefore it meets that test for real property.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
  17. "Current" music isn't crapper than old music. by Chuck+Chunder · · Score: 4, Insightful

    If it seems that way to you it's simply because crap music tends to be forgotten with time so you don't remember the older crap.
    Stumble accross someones old record collection in a loft sometime and it will no doubt be quite craptacular.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:"Current" music isn't crapper than old music. by Anonymous Coward · · Score: 0

      Sturgeon's Law applies in this case: 90% of everything is crap. :)

    2. Re:"Current" music isn't crapper than old music. by Apathist · · Score: 1

      I really doubt that. Although old music may not appeal to you, it's probaby because you are used to different styles. It also may have poor production quality, but that is probably a due to the less advanced technology of the time. Think of it like this: there exists only so many talented or potentially talented musicians at any one time. However, in order to increase sales, the record companies push out ever increasing numbers of songs/albums/etc, hoping that they will appeal to somebody. Unfortunately, the pool of talent hasn't necessarily deepened, so the record companies are forced to use less talented artists. Ipso facto, current music is crapper than old music.

    3. Re:"Current" music isn't crapper than old music. by Anonymous Coward · · Score: 0

      Nice try, but you butchered the Latin phrase, a sad middle class caste mark. You probably meant "Ergo", not "ipso facto". Ipso facto means "as a rule" roughly. It should not be used in conclusion of an argument.

    4. Re:"Current" music isn't crapper than old music. by Chuck+Chunder · · Score: 1
      really doubt that. Although old music may not appeal to you. You aren't listening. I didn't say I didn't like old music. I said that a lot of old music, lets say from 20+ years ago, was also crap. It was. You won't find much of the crap in stores today because history has consigned it to the rubbish bin but it was definately there at the time.

      Old music looks good because time has filtered away the crap, not because it was better at the time.
      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
  18. Scariest part of the article.... by Danse · · Score: 5, Insightful

    Even the FBI has become involved. It says music piracy has become its third priority behind terrorism and counter-intelligence. A number of US Congress members who rely on the entertainment industry for campaign funds lobbied the FBI to spend more money hunting file-sharers and CD burners. So now CDs in the US carry FBI stickers warning of fines of $250,000 or five years in prison.

    I sincerely hope they aren't expending much effort on chasing down teenagers with cablemodems. Given the fuckups at the FBI in the past several years, I would think that they have their hands full just trying to keep the citizens of this country from being killed. Unfortunately, I am never surprised at what money can buy these days.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Scariest part of the article.... by Anonymous Coward · · Score: 2, Insightful

      "It says music piracy has become its third priority behind terrorism and counter-intelligence"

      So does the War On Drugs even rate in the top ten now?

    2. Re:Scariest part of the article.... by dbIII · · Score: 1
      I sincerely hope they aren't expending much effort on chasing down teenagers with cablemodems. Given the fuckups at the FBI in the past several years, I would think that they have their hands full just trying to keep the citizens of this country from being killed. Unfortunately, I am never surprised at what money can buy these days.
      If I had a say in US law enforcement, I would tell the music industry to stop smashing people kneecaps, would charge those who smashed the kneecaps of musicians in the past (extraditing them from the UK if necessary), go after the organised crime links and the drug dealers within the industry and ask the music industry to start paying taxes. After that we can start going after copyright infringement. Maybe Hollywood could pay some taxes too.
    3. Re:Scariest part of the article.... by Anonymous Coward · · Score: 0

      Leave drugs alone. Without them, musicians wouldn't make as good music.

    4. Re:Scariest part of the article.... by what+the+dumple+is · · Score: 1

      The whole point of having an obscene fine or threat of imprisonment is for deterrent effect only. In other words, completely useless.

      The idea is they'll find a person or two to "make an example of," parade them around the media and that should be about it. By the same token, (ha, when I first typed that I didn't hit the 'n' hard enough and it was, by the same toke...) they could go the War on Drugs route but all the numbers are not on their side. They would never win such a war.

      If they really try to imprison that many people they'll need to outsource our prisons to reduce overhead.

    5. Re:Scariest part of the article.... by Anonymous Coward · · Score: 0

      Does that mean more effort is spent doing that than dealing with abductions?

      Americans live in a corrupt society. It's not Nigeria yet but you're heading in the wrong direction.

      Giving politicians/parties money in exchange for laws against your opponents works in your country, that's corruption and it hurts the country in which it occurs (the FBI could help the country more by doing something else). It's hard to hear from someone outside the US but it's true.

      The solution is for Americans to vote for someone who will change this, don't vote for anyone who doesn't say: "I will OUTLAW the current corruption". That way you can join the rest of the civilized world where things ARE running smoothly.

  19. Home taping by Zog+The+Undeniable · · Score: 4, Insightful
    In the old days you made cassettes of your CDs and LPs and gave copies to your friends. This is illegal (at least in the UK) but the record companies did nothing, apart from that "Home Taping Is Killing Music" logo.

    Well, home taping obviously didn't kill music, Simon Cowell and Pete Waterman did. But that aside, the difference between then and now is simply that the record companies are taking a tougher line and are being allowed to do so by their tame politicians. The problem isn't a new one, but the "solution" is.

    --
    When I am king, you will be first against the wall.
    1. Re:Home taping by supine · · Score: 2, Interesting

      Home taping is hard to use as a comparison because it doesn't have the network effects that benefit the distribution efficency of P2P file sharing.

      Home taping was limited by: time taken to dub the album; usage of physical media; the number of people you knew or could get in contact with via conventional means (snail mail, phone, fax etc.etc.). So one person sharing an album had limited impact due to constraints on time, resources and reach.

      A pervasive network such as the Internet allows someone to share with complete strangers and do so without any effort on their part. Although still limited to an extent by some resources (particulary bandwidth), sharing via P2P networks is vastly more efficient then home taping.

      marty

      --
      "I can't buy want I want because it's free. Can't be what they want because I'm me." -Corduroy, Pearl Jam
    2. Re:Home taping by Anonymous Coward · · Score: 0

      Is everyone you download music from on a P2P network your friend?

    3. Re:Home taping by Simonetta · · Score: 1

      Well, home taping obviously didn't kill music, Simon Cowell and Pete Waterman did.

      I hope that you don't mind me asking, but who are Simon Cowell and Pete Waterman? (and how did they 'kill' music?).

    4. Re:Home taping by jred · · Score: 1

      In the old days you made cassettes of your CDs and LPs and gave copies to your friends. This is illegal (at least in the UK) but the record companies did nothing, apart from that "Home Taping Is Killing Music" logo.

      My favorite was a tape, either Dead Kennedys or Circle Jerks, that had one side completely blank. "Home Taping Is Killing The Music Industry. We Left This Side Blank To Help."

      --

      jred
      I'm not a mechanic but I play one in my garage...
  20. Re:Internet - It's a proper noun, people by Reorax · · Score: 1
    Maybe they're referring to some other internet besides the Internet.

    From dictionary.com: <networking> (Note: not capitalised) Any set of networks interconnected with routers. The Internet is the biggest example of an internet.

    --
    This sig is only here so people stop skipping the last lines of my posts.
  21. Or... by Xenex · · Score: 1

    ...we just have a lot of good music.

  22. I don't buy CD's because..... by Redge · · Score: 4, Interesting

    ....I haven't found any music really worth buying in the last couple of years. I have even stopped downloading music now. What's the point? It's all the same - stamped out of the same studio - with the same sound.

    I am still listening to U2's The Joshua Tree (which I bought years ago) and Crowded House. The only thing lately I have heard that was interesting was Ben Harper - even then, only a couple of songs were good.

    I mean, sure....Post Modernism is ok - but the same Hip Hop crap about some American cultural "issue" is getting really boring.

    It's all the same, but I am supposed to keep forking out AU$30 per album. I don't think so.

    1. Re:I don't buy CD's because..... by The_Mr_Flibble · · Score: 1

      I've got to agree with you their In the past year or so I have purchased 1 cd (a weird al cd) the rest of the music I have heard (from the radio) has not inspired me to go out and spend 13 on the rubbish being produced at the moment. All I need to do to listen to the rubbish being thrown out is to get one of my old cd's and play it slightly faster.

    2. Re:I don't buy CD's because..... by Anonymous Coward · · Score: 0

      If you want something different get 'The Mars Volta - Deloused in Comatorium' album, 'Muse - Absolution' album or 'Porcupine Tree - In absentia'. All are excellent albums and very original with some extremly different songs.

      You need to dig deeper below the mainstream surface to find the truly excellent stuff.

    3. Re:I don't buy CD's because..... by dbIII · · Score: 1
      Post Modernism is ok - but the same Hip Hop crap about some American cultural "issue" is getting really boring.
      Emenem had to be a white rapper, just like Elvis had to be a white blues singer, and Jimi Hendrix had to be big in the UK before the US record companies would do much. The US music industry is incredibly conservative on the race issue - even more so than Hollywood.
    4. Re:I don't buy CD's because..... by Anonymous Coward · · Score: 1, Insightful

      Then you're simply not looking hard enough. There is plenty of great music out there, but you won't hear it on the radio or MTV or whatever.

    5. Re:I don't buy CD's because..... by Redge · · Score: 1

      ROFLMAO - I have to agree on the "..get one of my old cd's and play it slightly faster." comment. That is so true.

      Last year I purchased (actually - went halves in) a Kid Kenobi album - and I bought some Delta Goodrem for my wife. Before that - it was U2's All that you can't leave behind album - in 2001.

      I admit that there is more to music, and I could probably find something if I dug a bit deeper - but I just don't have the time. Too many computer games to play.

    6. Re:I don't buy CD's because..... by Anonymous Coward · · Score: 0

      If you like Absolution, give Origin of Symmetry a try. While Absolution (and Showbiz, for that matter) are good albums, Origin of Symmetry is simply mind bendingly awesome. It's less well-known (around here, anyway), because the radio didn't start playing Muse till Absolution was released.. I'm not even sure if Origin is available in the States at this time, I ordered mine from New Zealand.

    7. Re:I don't buy CD's because..... by The_Mr_Flibble · · Score: 1

      There aren't to many games to play there is only one. Star wars galaxies All hail the empire

    8. Re:I don't buy CD's because..... by Anonymous Coward · · Score: 0

      huhhuh..

      black 'rap', under guises of r'n'b, soul and whatever (same artists, different categories in mtv awards) are just about the only thing US music industry is exporting.

      if fucking sucks. "HE WAS SHOT FIVE TIMES!!!" who fuckin cares.

    9. Re:I don't buy CD's because..... by robin_j · · Score: 1
      It's all the same, but I am supposed to keep forking out AU$30 per album. I don't think so.

      You're lucky, here in Ireland it costs about AU$40 for an album...

    10. Re:I don't buy CD's because..... by cap'n+foolsy · · Score: 1

      What's the point? It's all the same - stamped out of the same studio - with the same sound.

      this seems like a huge insult to the hardworking artists who DO take the time to really think about their music, who DO have a message to present and DO try to innovate, evolve and differentiate themselves from artists of the past. so you say that all music these days sounds the same. what would you like it to sound like? would you want everything you hear on the radio to sound like U2? that would get boring pretty quick.

      sure, you're entitled to your own opinion, you may not like the music of today. fair enough, there are a lot of artists that i dont really care for as well. but to insinuate that ALL artists today are so lazy as to just try and make their music sound the same as everyone else is a HUGE mistake.

      at the very least, download some of the songs of the newer breed of musicians. Theivery Corporation, Glassjaw, The Mars Volta, Corduroy, Maxwell, Artful Dodger, Utada Hikaru, Sade... these people KNOW their music. give them a chance. and after listening to them i dare you to say that what they have to share isn't *at the very least* musically interesting.

      --
      It might look like I'm standing motionless, but I'm actively waiting for my problems to go away
    11. Re:I don't buy CD's because..... by microbox · · Score: 1

      For about $4k you can buy an iMac, MOTU and a couple of microphones, and produce your very own album. Sure it won't be of the same quality as the latest from ploygram, since you don't have their $500k studio, but the sound quality will be good enough for everyone in your house except maybe your dog (super hearing)

      What this means is that _more_ independent music is being created then every before. A lot of it is amazing, and creative and not at all like "off the shelf Brittany". If you can't find music that's worth buying, then you're not looking in the right place. Perhaps music doesn't mean much to you anymore.

      If you do want to find some new music that you'll enjoy as much as those old 80s hits you mention, I'd look into the local scene in your city. If you live in Cloncurry, then you may need to look further.

      400 years ago, music was a little stream. As technology and communication has gotten better, it has turned into something for everybody. Consider the variety and speed of change in the music scene in Bach's era to Beethoven's. Then, the 20th century introduced recorded music, and the variety became immense. Even in the 1920's there were many different music scenes.

      For the first time in history, a single person, with meager resources can record their music. This has lead to a new renaissance in the music industry. The variety of new music coming out is unlike any period in history, including the 1980s.

      Married to a musician.

      --

      Like all pain, suffering is a signal that something isn't right
    12. Re:I don't buy CD's because..... by what+the+dumple+is · · Score: 1

      U2...? Are you sure you're not OLD?

    13. Re:I don't buy CD's because..... by Anonymous Coward · · Score: 0

      > ....I haven't found any music really worth buying > in the last couple of years

      check out some the recommendations on pitchforkmedia.com - there's quite a bit of fresh music out there. you'll have to dig deeper than top 40 radio though.

    14. Re:I don't buy CD's because..... by Redge · · Score: 1

      Soon, you will learn the true power of the Dar Side of the RIAA!

  23. Nope, at least it doesn't look like they are by Anonymous Coward · · Score: 0

    From context they appear to be referring to the Internet. In fact they say "the internet". If they meant another one they would have said "an internet" or "internets". You get the idea.

  24. Artifical scarcity business by Thinkit4 · · Score: 1

    This is essentially what the recording industry deals in. The better they do, the worse the world is. I don't even have much problem with something like a TicketMaster--they deal in a limited quantity.

    --
    -I am an elective eunuch.
  25. This begs the question... by Kris_J · · Score: 5, Interesting
    If it appears that sales are going up despite or possibly even due to file sharing, why doesn't the industry just let it happen?

    The cynical answer is that P2P is never about artist royalties or piracy it's about the fact that one P can be the artist and the other P can be the customer with no sign of ARIA or RIAA anywhere between the two. These big music industries are not fighting for the survival of music and musicians, they're fighting for their own survival at the cost of artists and consumers.

    1. Re:This begs the question... by GileadGreene · · Score: 2, Insightful

      Ob /. language nitpick: Actually, it just "raises the question." To "beg the question" means to assume the conclusion as one of your premises. Stephen's Guide to the Logical Fallacies has a good description.

  26. It's all about C O N T R O L!! by Newer+Guy · · Score: 5, Insightful

    Pure and simple.

    This is about spin and control. The record industry's profit/distribution/business model has been turned on its ear. They don't know how to respond, so they sue everyone in sight, bribe (oops! - "LOBBY") lawmakers. etc. All to keep the status quo while they figure it out. So far they haven't been able to. After all, digital distribution (MP3's etc.) have only been around for OVER FIVE YEARS ALREADY!! Besides, we wouldn't want the MARKETPLACE to decide, would we? God forbid another company be allowed to take business from them!

    See, the RIAA is sleazy and corrupt. They are a cartel. Five companies (soon to be four if they have their way) control something like 90% of the recorded music available for sale in the world. They like their monopoly. They want to keep their monopoly. Wouldn't you?

    So, they lie cheat, bribe and do whatever they have to in order to keep the cash cow giving milk. If that means telling Congress that CD sales are down 10% due to downloading when the real reason is that they MANUFACTURED LESS CD's in order to keep the prices up, so be it. After all, the way they see it, you're not really lying, you're just SUPPRESSING THE TRUTH by witholding information.

    Besides, don't you think that Congress KNOWS what they're doing??!! After all, the politicians INVENTED SPIN!. Don't you think they know whan they're being spun? It's just that the spin comes with a nice bribe attached.

    We have the best Government that $$ can buy and until they're voted out, nothing will change!

    ... And don't hold your breath for THAT to happen! :(

    1. Re:It's all about C O N T R O L!! by m1chael · · Score: 0

      I think this is a bit naive to think that they were that stupid when they moved to a digital format. However it is still possible I guess. Maybe all this sueing etc is just one big marketing compaign that seems to be working.

      --
      I know you are psychotic, but please make an effort.
  27. Filesharing priorities by Anonymous Coward · · Score: 1, Interesting

    Hmmm. I'm wondering where the FBI's priorities are, as far as filesharing goes. The person that downloads a song from a $13 album, or downloads a cracked copy of a $5000 version of 3DMax.

    1. Re:Filesharing priorities by Anonymous Coward · · Score: 0

      Or a $4000 version of 3ds max?

    2. Re:Filesharing priorities by Anonymous Coward · · Score: 0

      One of the reasons that 3d Studio Max is so widely used by companies is because so many people learned how to use it as teenagers.

      If no one had ever pirated 3ds Max for personal use, who knows how it would affect their market share today, except that it would certainly be negative. Training is expensive and time consuming; companies will use what people know, even if it is more expensive.

      As long as it isn't used to make a profit, I see no harm in it. Corporations or freelance artists that pirate I have no pity for, but the potential numebr of sales lost to people under 21 is more than likely extremely small.

      What teenager is going to convince the parents that 5000 for a single program, plus another 1000 for a decent computer to run it, is a good investment? Even the student version is expensive, and I believe that it is 'for educational purposes only'.

      Paying discreet to help maintain their market share doesn't sound like a good use of monetary resources.

      Of course,

    3. Re:Filesharing priorities by endersdouble · · Score: 1

      I'd disagree here....(That is, I'm assuming your point is that they care more about 3ds Max.)
      Several reasons why. Note please that I am not taking any opinion on "file sharing is right/wrong" or "file sharing hurts/helps industry/consumers".
      1. How many people downloaded the hit single? Considerably more than downloaded 3ds Max. Probably enough to make it more of a loss.
      2. How much is the industry complaining? Like it or not, they're going to listen to lobbyists, and in the slightly more altruistical version, they're going to listen to whether the company cares. RIAA/ARIA/MPAA are complaining amazingly. Discreet(sp? They do it weirdly, I think...) isn't complaining very much. Some software companies are (Game houses, M$, etc...) but not nearly as much as the music folk.

  28. About the author by supine · · Score: 4, Informative
    Steve Cannane is the presenter of Hack, a half hour current affairs program on the national "youth" radio station Triple J.

    There isn't much bio information on the website but he is in his second year of presenting Triple J's current affairs program and was previously a reporter for same. You can listen to the show online.

    He has written some interesting articles for the Sydney Morning Herald in the past, including this one on the decline of Sydney and another on censorship of CDs.

    cheers
    marty

    --
    "I can't buy want I want because it's free. Can't be what they want because I'm me." -Corduroy, Pearl Jam
  29. Price of CDs in Aust by Anonymous Coward · · Score: 4, Interesting

    This is pretty impressive considering that Australians pay more for CDs than most people. A$30 which is about $22 US. File sharing just stops people being sucked in by hype, you don't have to rely on the word of journalist, who can't write a bad review, for fear of losing freebies, and the one radio friendly unit pusher that's on an album full of crap.

    1. Re:Price of CDs in Aust by zyridium · · Score: 1

      Most places aren't charging $30 for CDs anymore, the bulk of the purchases (top 20 cds) can be found pretty much anywhere for $20-$21...

    2. Re:Price of CDs in Aust by jayzee · · Score: 1

      I'm not entirely sure about that ...

      I live in Australia (with but not of) and I must say that I buy alot more music now simply because I now know enough about what I like to spot the bargains. To give far to many clues about my age and preferences, I picked up The Jesus and Mary Chain 'Psychocandy' at JB Hi-Fi for $AU14 yesterday and continually find that most of the stuff that was on my teen-angst wish list is now in the sub-$15 category ...

      I am sure it helps to have musical taste that is less than fashionable, but the point still stands that even in the mainstream record stores there are bargains to be had that doubtlessly increase my overall CD spend markedly.

      As for your point about reviews, I could not agree more ... I used to write them for a college mag, and you would recieve a "Press release" containing everything they wanted you to say AND a free CD. The choice was obvious - Paraphrase the propaganda and keep the CD, or do real work.

      --

      Mole? 4? Cars?
    3. Re:Price of CDs in Aust by robin_j · · Score: 1
      This is pretty impressive considering that Australians pay more for CDs than most people.

      I don't know what the rest of the world pays but I can tell you that Ireland is more expensive with prices around Euro 24.99 for top of the charts CDs. I also imagine that people in the UK pay far more especially with the strength of the GB pound.

    4. Re:Price of CDs in Aust by Cackmobile · · Score: 1

      anything not top 20/40 is generally 30. Luckily as I get older many of the cds I wanted as a teenager are now in the bargain bins. One good thing about aging

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
    5. Re:Price of CDs in Aust by Anonymous Coward · · Score: 0

      Its still cheaper (sometimes) to buy DVD's from Australia and have them shipped to the UK than buy them here or the US. Are CD's really that much more expensive than DVD's in Australia?

      That DVDs are cheaper than CDs in the UK is telling. The last music CD I bought actually came as a freebie with a DVD, the DVD + 2 CD's cost less than buying the CD would have! That tells me the market is being manipulated.

    6. Re:Price of CDs in Aust by zyridium · · Score: 1

      Sure, it would be interesting to see what the average retail price is for CDs considering the huge volume of sales of top 20/40 CDs compared to other (good) CDs.

  30. What is "science", here? by taigu · · Score: 4, Interesting

    How are you *ever* going to determine the effect of P2P on record industry revenues, using an unassailable and repeatable methodology? No one has even tried to demonstate the marketing difference between on demand download of 128k mp3 content and analog recording of radio broadcasts. How would you construct such a study? In the end it is all hand waving and opinion, and the only thing that matters is record industry profits.

    Chances are industry profits will follow the economy. The more disposible income there is, the more people will "vote" for their favorite bands. All I have to work with is anecdotal evidence: my sister bought 15 copies of the Elvis Costello CD for her friends for Christmans because she "wanted to support him." But my sister has money.

    My own anecdotal experience is that the only time I bought any CDs at all was during the heyday of Napster. I bought all kinds of stuff because I was reminded of and found what was good. (Also I had money during the heyday.) I also had money before Napster, but I did not buy CDs because I got burned too often.

    What if it turns out that P2P actually stokes interest in music and ultimately increases record sales more than radio broadcast does? It is ENTIRELY possible that this is the case. All of a sudden the industries are going to do this huge spin....

  31. Some definitions by aaza · · Score: 2
    Please consider these definitions before flaming and trolling. These are not legal (nor dictionary) definitions, just how I (and I suspect, others) use the terms. YMMV.

    1. Stealing: Deprevation of property, usually limited to tangible objects. The intent is to deprive the owner of an object, such that you may use/sell it.

    2. Copyright infringement: Obtaining or making a copy of copyrighted material without paying appropriate royalties. Eg downloading copyrighted materials.

    3. Copyright stealing: Changing the ownership of the copyright without the permission of the current owner. See #1, Stealing, deprivation of property (in this case, royalties).

    Please use your terms correctly. Thankyou for your cooperation

    --
    In theory there is no difference between theory and practice.
    In practice, however, there is.
    1. Re:Some definitions by elflord · · Score: 1
      Please consider these definitions before flaming and trolling. These are not legal (nor dictionary) definitions, just how I (and I suspect, others) use the terms. YMMV.

      You're entitled to use the terms your way, but your usage has certain motives, namely to legitimise or at least attempt to obscure the moral wrongs of copyright infringement. Those that don't share your agenda have little reason to adopt a terminology that reflects that agenda.

    2. Re:Some definitions by aaza · · Score: 1
      ...your usage has certain motives, namely to legitimise or at least attempt to obscure the moral wrongs of copyright infringement...

      Not really.
      Most people will agree that stealing is stealing, and is designed so that the person who is stealing gets something that he or she is not entitled to. Usually, a tangible object, which may be sold, or appreciated for what it is.

      Copyright infringement is just that: denying the royalties due to the owner of the copyright. It doesn't matter if you are photocopying/scanning a book, making mp3s from cds to give/sell/keep (from a friend's cd) or plagerising an assignment from a classmate in university. These things are copyright infringement because you are not abiding by the creator's will when it comes to copying them (ie "don't" in most cases).

      The last one, copyright stealing, is listed because a troll with no grammer sense seems to be under the impression that 'copyright stealing' is some strange combination of 'copyright infringement' and 'stealing', which as I pointed out in my previous post is difficult to do, as there is no central body that records every piece of copyrighted work, and who the royalties should go to.

      Those that don't share your agenda have little reason to adopt a terminology that reflects that agenda.

      My agenda (which these terms do actually reflect): "copyright infringement is a civil crime, not criminal, and as such shouldn't have the emotive words associated with it, which imply that those who infringe copyrights are much the same as thugs who steal VCRs from people's lounge rooms"

      In order to explain my position, however, I believe that wholesale copyright infringement for the purposes of gaining money (ie large scale operations and bootleg merchandise) is criminal, but downloading an mp3 is no worse than taping a show on TV, or a song off the radio. Yeah, it's illegal, but nobody cares. You get a crummy copy, and if you like it that much, you can spend the money to get a genuine authorised copy. Personally, I like to have the cd, even if I rip it so that my computer can act like a juke box. And no, I don't use file sharing programs.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    3. Re:Some definitions by elflord · · Score: 1
      Most people will agree that stealing is stealing, and is designed so that the person who is stealing gets something that he or she is not entitled to.

      Common language terms like "identity theft" and "theft of services" refer to intangibles (you still have your identity, right ?) So I think this attempt to redefine theft is an attempt to portray copyright infringement as either a lesser wrong, or something that isn't wrong at all.

      My agenda (which these terms do actually reflect): "copyright infringement is a civil crime, not criminal, and as such shouldn't have the emotive words associated with it, which imply that those who infringe copyrights are much the same as thugs who steal VCRs from people's lounge rooms"

      It's not the same, because there's a violent aspect to stealing VCRs from living rooms -- it involves breaking and entering, which is an invasion of the victims privacy. There is direct harm to the victim.

      However, it isn't that much different from something like shoplifting (a non-violent crime that is also often committed by teenagers), and even less different than a crime like securities fraud (which doesn't cause direct quantifiable losses) or fare evasion (again, never involves violence, doesn't produce direct quantifiable losses). So I'd put it in the same category as other non-violent forms of theft, especially the less direct ones. It's worth pointing out that the fact that the damage is less direct/less visible to the perpetrator does not make the perpetrator any better.

      n order to explain my position, however, I believe that wholesale copyright infringement for the purposes of gaining money (ie large scale operations and bootleg merchandise) is criminal,

      Like Napster, right ? I remember that most of slashdot were howling like wounded animals when they started going after napster. "Go after the users, not the technology", they said. Now that the senate is going after the users, they're still whining like spoilt children.

      but downloading an mp3 is no worse than taping a show on TV, or a song off the radio.

      How about uploading ? Uploading is IMO much worse, because it is illegal redistribution. The damage done by uploading is potentially much greater, and uploading is IMO not a whole lot different in its effect from large scale commercial infringement. I don't think downloading a single track is a grave offense, but I don't think that's what this law is about either.

  32. Didja RTFA? by scruffyMark · · Score: 1
    From the article: But the research suggests those with the money, the 45 and overs, are buying more CDs after file-sharing. Now that's a statistic we never hear quoted.

    That, and there's me. I hardly every buy music without listening first. I don't like top-40 pabulum, so that leaves downloading.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

  33. Still isn't theft by scruffyMark · · Score: 4, Interesting
    You aren't depriving anyone of anything. The crime you are committing is copyright infringement. You are copying, not taking, illegally.

    If indeed it is illegal. Here in Canada, we can copy CDs all you want - we pay a tax on every blank CD that's distributed to record labels, and in exchange we have the legal right to copy CDs. Not that anyone seems to make a distinction around here, the "it's theft" people still call it theft...

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

    1. Re:Still isn't theft by Anonymous Coward · · Score: 1, Interesting

      Hey dude, I'm Canadian and am aware of the taxes on blank media... But where does it say we're allowed to make our own copies of CD? Do you have a link or something???

    2. Re:Still isn't theft by Rogerborg · · Score: 0, Flamebait

      You are depriving them of their rights under law. How about I come round and kick you in the nuts until you understand that? I'm not depriving you of anything - except your rights under law - so you can have no complaint.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Still isn't theft by DeeKayWon · · Score: 1

      Their rights are being violated, not taken away. Huge difference.

    4. Re:Still isn't theft by Rogerborg · · Score: 1

      And you still retain the right not to be kicked in the nuts. Seriously, I think we should try this experiment, it would make it a whole lot clearer to you.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Still isn't theft by GooberToo · · Score: 1

      There is no such law.

      Basically, your government says you will and already have illegally copied music. Since he's already been accused and and fined for it, he's doing what he's already been fined for. Legal? Absolutely not! Morale high ground? Absolutely!

      If you've already paid for it, it would be fairly dumb not to take it. Most people call this concept extortion. The RIAA calls is pre-paid theft, since they already know your a worthless criminal.

      All US DAT owners already paid their right to steal too. Though, honestly, I'm not sure if the RIAA tax is still included any more. Anyone know?

    6. Re:Still isn't theft by geminidomino · · Score: 1

      You aren't depriving anyone of anything. The crime you are committing is copyright infringement. You are copying, not taking, illegally.

      In the US, technically you are only infringing copyright if you are UPLOADING. RECEIVING copyrighted material isn't infringement, or even illegal.

    7. Re:Still isn't theft by mistered · · Score: 2, Informative
      Right from the Copyright Board of Canada,
      ... the act of reproducing all or any substantial part of ... a musical work embodied in a sound recording ... onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.
      Check the link for the full context.
      --
      Enjoy your job, make lots of money, work within the law. Choose any two.
    8. Re:Still isn't theft by Captain_Chaos · · Score: 1

      Here in Canada, we can copy CDs all you want

      That's very hard to believe! A tax like that exists in many countries. We have one just like it here in the Netherlands, but it's still illegal to copy CD's! I agree that that's spectacularly unjust, but it's true nonetheless. Are you sure it's not like that in Canada? Otherwise, wouldn't there be thousands of businesses in no time making tons of money copying CD's?

    9. Re:Still isn't theft by poot_rootbeer · · Score: 2

      we pay a tax on every blank CD that's distributed to record labels, and in exchange we have the legal right to copy CDs.

      1. It's not a tax, it's a levy, and
      2. It only gives you the right to copy CD's you already own, for personal fair-use reasons like backup and format-shifting. It's still just as unlawful to procure copies of music you haven't paid for from friends or via P2P.

    10. Re:Still isn't theft by Anonymous Coward · · Score: 0

      actually, it is legal to make copies 'for personal use' of cds that your friends have lent you. your friends can't be the ones to make copies for you though, hence no distribution.. you have to make the copy yourself.

    11. Re:Still isn't theft by Anonymous Coward · · Score: 0
      I refer you to another person's very useful followup.

      When you glance through this, note that it allows you to make copies from any source you have access to (friends, internet, etc.) for your personal use. It does not allow you to redistribute the music yourself. This is why there aren't businesses copying CDs.

      The reasoning behind all this is we're paying extra based on the assumption that we're copying music, and that money goes to the recording industry. In general, we're not in the business of just giving away money for nothing, so in return for paying for copying music we should get the ability to copy music. Makes sense, doesn't it?

    12. Re:Still isn't theft by cpt+kangarooski · · Score: 1

      This is woefully incorrect. There are numerous ways to infringe copyrights. While it is arguable that merely posessing an infringing copy isn't a seperate offense all by itself, making that copy by, e.g. having downloaded it, would be.

      Just because you might not like the established copyright interests, that's no reason to delude yourself about what the law is.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Still isn't theft by Suppafly · · Score: 1

      2. It only gives you the right to copy CD's you already own, for personal fair-use reasons like backup and format-shifting. It's still just as unlawful to procure copies of music you haven't paid for from friends or via P2P.

      If that were true, how would they justify the levy?

    14. Re:Still isn't theft by DeeKayWon · · Score: 1
      And you still retain the right not to be kicked in the nuts.

      Right. Because it hasn't been taken away. Nice to see you agree with me.

    15. Re:Still isn't theft by geminidomino · · Score: 1
      I'm afraid you are the one who is wrong on this one.

      From Title 17, Chapter 1, Section 106 of the US Copyright law (source: U.S. Copyright office)

      Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
      1. to reproduce the copyrighted work in copies or phonorecords;
      2. to prepare derivative works based upon the copyrighted work;
      3. to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
      4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
      5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
      6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.


      Sections 107-122 from the preamble state exceptions to copyright law (fair use, archival, etc...)

      From Title 17, Chapter 5, Section 501a Defines "Copyright Infringement"

      Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be

      Now, if you take a look at the rights of the copyright holder, in section 106, they only cover DISTRIBUTION, NOT the receiving of copyrighted works. Furthermore (omitted for brevity) the remainder of section 502 repeatedly addresses transmission, not reception

      So sorry. Downloading the music may be illegal under some law, but it isn't copyright infringement according to U.S. copyright law.

      Apologies accepted for the "delusion" comment.
    16. Re:Still isn't theft by Rogerborg · · Score: 1

      Of course I agree with you. So, can you post you address and a time and date when it's convenient to have your nuts kicked?

      --
      If you were blocking sigs, you wouldn't have to read this.
    17. Re:Still isn't theft by cpt+kangarooski · · Score: 1

      the rights of the copyright holder, in section 106, they only cover DISTRIBUTION, NOT the receiving of copyrighted works

      No, they cover reproduction, creation of derivatives, distribution, etc. You must realize this -- you quoted the law yourself and distribution is only but one of the exclusive rights mentioned.

      The problem is, there is a decent amount of caselaw indicating that when you download a copy of a work, you are reproducing it. And this does seem to make some sense -- after all, there are more copies when you're done than before you started.

      Alternatively, let's say you're right, and the blame would fall on the shoulders of the person at the other end. There is still an excellent argument that the downloader -- knowing the other guy is infringing, having asked for it, having the power to cancel the download -- is a contributory infringer, and thus liable for the other guy's actions.

      Either way, downloading is against the law.

      Let me suggest that you read the Napster case in the 9th circuit, and the Utah Lighthouse case, both of which have dealt with this subject, which disagree with you, and which seem to be more influential than you are, for good or ill.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:Still isn't theft by beanlover · · Score: 1

      >>Of course I agree with you. So, can you post you address and a time and date when it's convenient to have your nuts kicked?

      This is the funniest and most priceless analogy I have heard. I have tears in my eyes from laughing so hard.

      Seriously though...I think you are on the right track here. The content distributor (whether the MPAA, RIAA, **AA, or artist) is deprived of the revenue due them for your ability to use the content whenever you see fit.

      If you streamrip the song then good for you...it's yours as far as I can tell. The station that streamed it over the internet has already paid the royalty (assuming they actually do pay it) on the song for you to hear it. Same as if you recorded if from the radio or recorded your favorite tv show on a vcr/tivo/mythtv box/whatever. You can use it over and over again as many times as you want for your own personal use. And the fact that the copy of a digital file is exactly the same as the source doesn't matter.

      The real issue is the fact that you just can't share it will people you don't know. Putting a file on any filesharing system that allows people you don't know to get the file from you is depriving the content provider of revenue in some fashion IMO. I don't think you can (in the US anyway) make copies of your copies (or originals) and give them to friends legally...but we all know it happens and it has been tolerated because it wasn't as widespread as p2p has become.

      There are plenty of justifications for using p2p for movies and music and whatever (most of which have been used, with a straight face, on /.)...but that doesn't change the fact that is it illegal to trade copyrighted files on the systems. Ultimately it does deprive the content provider of revenue, no matter how minsicule an amount it may be.

      If you want this changed then do what it takes to get the laws changed. Write letters and send e-mails. Just don't tell me that you really aren't stealing or breaking the law because it's simply not true. Any using the p2p system to trade the copyrighted files doesn't fall under the "doing something" category so don't say you are the same as Rosa Parks here...that isn't true either.

      Once the content providers admit p2p systems actually boost their bottom line you can bet the laws will be changed because they will champion the change themselves.

      As someone pointed out in the article about the cable companies being forced to offer lineups a la carte, once the content providers can figure out how to effectively leverage the power of the internet to reach consumers directly this will all be moot anyway. I, for one, can't wait until they do.

    19. Re:Still isn't theft by geminidomino · · Score: 1

      Alternatively, let's say you're right, and the blame would fall on the shoulders of the person at the other end. There is still an excellent argument that the downloader -- knowing the other guy is infringing, having asked for it, having the power to cancel the download -- is a contributory infringer, and thus liable for the other guy's actions.

      There's also significant caselaw that counters this, usually along the lines of people buying bootlegs off the back of a truck, etc... Odds are good that they also knew it was infringement, but it's the bootleggers that are responsible, not the buyers.

      Personally, I wonder if they(judges) pull the shit like this on purpose.

    20. Re:Still isn't theft by DeeKayWon · · Score: 1

      You appear to be assuming that I think that downloading copyrighted content is okay - I've made no such assertion. I've only asserted that stealing is not the right word for it.

  34. Uhh, wrong country, mate. by Snowman25 · · Score: 1

    You are aware of course that this is the ARIA, right? The Australian Recording Industry Association. US Congress of course has no input on what ARIA does.

  35. How's Australian radio? by FullCircle · · Score: 3, Insightful

    I don't know about them, but with our Clear Channel run generic radio stations, I never get to hear decent music. MusicTV (remember MTV?) doesn't play music, VH1 is stuck in the 80's and my radio is useless.

    Humans are naturally drawn to music, especially new interesting music, and will seek it out from some source. P2P is really the only alternative in US cities (i.e. Houston) that are Clear Channel owned and have no music scene.

    People will not buy on a blind risk. Why don't the record labels go after the radio monopolies instead?

    --
    If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. - James Madison
    1. Re:How's Australian radio? by keith6689 · · Score: 2, Insightful

      "Why don't the record labels go after the radio monopolies instead?"

      Because they are one of the primary sales tools of the record industry. At least, that's the way it seems here in the UK.

      If you listen to any of the major "independant" (actually, a lot of the big local stations are owned by GWR) stations then you hear the same few songs hyped to the point of tedium weeks before the record is actually released.

      People in general act like sheep. The super-cool DJ says it's a great song, so it must be a great song. After all, he is a DJ and knows what he's talking about, right?

    2. Re:How's Australian radio? by Salvo · · Score: 1

      Australian Radio is very Diverse.

      Here in Melbourne, we have two Dance/Pop Stations (Nova,FOX), one Rock/Classic Rock Stations (MMM), two Independent, Eclectic Public Stations (RRR,PBS) two Oldies Stations (MIX,Gold), two Classical Stations (MBS[Independant],ABC Classic[Government]) and one Governement Youth Station(JJJ), in the top half of the FM Band.

      There is also a plethora of Independent, Commercial and Government Radio stations on the Bottom Half of the FM Band and on the AM Band.

    3. Re:How's Australian radio? by Simon · · Score: 1

      I left Australia a few years ago and one thing that I miss is good radio. Melbourne has excellent radio, especially the non-commercial stations which play an incrediably diverse range styles and types (PBS for example) and JJJ which play a lot of local music (which happens to be excellent too). Actually the difference between the commercial stations and the rest is night and day. They barely overlap w.r.t. what they play. You can really get away from mainstream pop shite altogether in Melbourne.

      --
      Simon

    4. Re:How's Australian radio? by Cackmobile · · Score: 1

      Up in Sydney we really only have Triple J. Long live triple J. Triple M used to be ok to listen to when they played rock only. Now its nineties and new stuff. Just recently FBi got a permanent license so that should be good.

      --
      -- Karma Karma Karma Karma, Karma Chameleon - Boy George
    5. Re:How's Australian radio? by syrinx · · Score: 0, Offtopic

      P2P is really the only alternative in US cities (i.e. Houston) that are Clear Channel owned and have no music scene.

      I was just in Houston -- you've got those awesome Mexican polka stations, though.

      --
      Quidquid latine dictum sit, altum sonatur.
    6. Re:How's Australian radio? by timpaton · · Score: 1
      From my limited internation experience, Australians are absolutely spoilt for radio. JJJ (as mentioned on a few other posts) is a great success story.

      People will carry on about the good old days of JJJ (or 2JJ when it was an under-ground local Sydney station), before it sold out. Those people need to spend some time in the UK listening to the 5-song-rotation playlist of Radio 1 to understand how bad things could be...

      For those who are curious, JJJ streams over the 'net. It should be easy enough to locate from their site, along with a sample playlist.

      JJJ is not greatly different to a good college station in the US, but it's national. I'm in a small city (80,000 people) just beyond reliable radio-listening range of Melbourne...but we have our own JJJ transmitter. Without it, things would be very grim.

      The normal sequence of events is:

      • Really new or left-of-field music gets an airing on Melbourne's community stations (RRR and PBS). I haven't spent much time in Sydney lately, but FBI may have gone some way toward filling the vacuum in that niche.
      • A lot of it gets a run on special interest segments on JJJ.
      • Some of it makes the JJJ daytime playlist, and gets enough airtime that those with a long attention span get sick of it.
      • The same music gets an airing on the more progressive commercial stations, and is touted as "brand new".
      • With good listener feedback, some new songs get mixed up with the other dross that the commercial stations call a playlist. This is, typically, about 3 months after it started playing on JJJ.
      • 6 months later, the bubblegum pop stations (similar playlists to top40-style stations worldwide) will pick up one or two songs that has been popular enough to pop up on the sales charts without record company assistance. These songs are touted as "brand new", and are played hourly for the next couple of months. By this stage, JJJ listeners will have hidden the CD and will deny ever having listened to such crap ;-)

      Sales would indicate that most record buying must be done by bubblegum radio listeners, because it's the bubblegum that sells the best.

      Anecdotally, I think most kids are more into copying CDs and passing them around than they are into downloading. But that's no different to the age-old technique of copying tapes...

      /tp

  36. Legal in Canada by scruffyMark · · Score: 2, Interesting
    We've got a funny legal setup here in Canada. Because we pay a tax on every blank CD, that goes to record companies on the presumption we'll be copying audio disks (what, some people use them for data? Inconceivable!), it's legal to copy CDs for your personal use.

    That means, you can't give away the copies - they're for your personal use only. But, you can always give away the original, since you bought it, and you don't have to destroy the copies, or even stop using them. You can even borrow or rent an original CD (or DVD or video, etc.), copy it, return it, and keep the copy.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

    1. Re:Legal in Canada by Anonymous Coward · · Score: 0

      I'm Canadian. Where can I read more about what you're saying?

    2. Re:Legal in Canada by Rogerborg · · Score: 2, Insightful

      And when all audio disks (I noticed and approve that you made the distinction) are loaded down with non-Red Book DRM, will the tax go away?

      I'm minded to remark that in USia (and UKia) income tax was a short term measure to support a war. Funnily enough, when the war ended, the tax stayed.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Legal in Canada by Anonymous Coward · · Score: 0

      How many other times in history has a tax been introduced for [short-term reason] and never repealed? More times than I'd like to count.
      No matter which party you vote for, the government gets in. But please don't stop placing your vote.

    4. Re:Legal in Canada by Anonymous Coward · · Score: 0

      Media taxes will get combined with broadband, escalate, and never go away.

      Witness how we're still paying the GST

  37. You jump too quickly to conclusions. by Anonymous Coward · · Score: 2, Funny

    It's not because it's their best year ever that they're not losing money. They have good mathematical models to predict how much they expect to sell on a given year. If they're under their expectations, they're "losing" money. Being the best year ever doesn't mean much, really. Consider a company that had losses in its 5 first years. Then the 6th year they get 10$. Who cares if it's their best year, it's worth nothing!

    If file-sharing really didn't affect them, they wouldn't bother going through all the trouble they are right now.

    1. Re:You jump too quickly to conclusions. by the_unknown_soldier · · Score: 1, Insightful

      wow! what a stupid theory. they are making record profits. their theory would be based on having the same growth as previous years, but this year they have had more growth. the recording industry isn't loossing money they are making money, and shit loads of it!

  38. i guess everyone is like me by Anonymous Coward · · Score: 1, Insightful

    I have always justified my downloading of music by 'well, if I didn't download it, they wouldn't be gaining anything anyways'. Simply, I don't have the money to spend to buy CD's. If I did, I would buy the CD's. I guess this is how it is for everyone else seeing as since the downloads dont hurt sales. The people who have the money buy the cd's, as usual, and the people who don't have the money download, not making any difference to sales because they wouldnt be buying it anyways.

  39. Morally, IT IS stealing by Captain_Chaos · · Score: 0

    You are taking something that you should ordinarily pay for, without paying for it. That's called stealing, it really is that simple. People who insist on this "copyright infringement is not stealing" crap are just trying to justify their (or others') theft of music.

    1. Re:Morally, IT IS stealing by d99-sbr · · Score: 2, Informative

      So by this rationale, getting on the bus without paying is stealing. Parking your car in the city without paying is stealing. Reading a paper in the store is stealing.

      What about if your neighbor calls you and asks you to play your new CD so loud that he can hear it through the wall? If you do, are you an accomplice to his stealing the music?

      Clearly, your claim is flawed.

    2. Re:Morally, IT IS stealing by Captain_Chaos · · Score: 1

      Yes, yes and yes. Whay would you call it then? Or do you think it's perfectly alright to make use of a service that costs other people money to provide, without paying for it?

  40. mod down karmawhore by Anonymous Coward · · Score: 0

    This guy is just trying to karma whore by posting a mirror with his account while the original site isn't even loading slow.

    1. Re:mod down karmawhore by topgun98 · · Score: 1

      Sorry, but that's nowhere near correct. I was just trying to stress test our newly-colocated server. What better way than to provide a service to the slashdot community at the same time?
      It's too bad people like you don't have the balls to post with your real usernames.

  41. Borrowing from sugar daddy. by Anonymous Coward · · Score: 1, Insightful

    "This is a similar analogy to how some bars in the area around Wrigley field were charging patrons to watch the ball game from their roofs where they could see it. The MLB/Cubs sued them claiming that they were somehow stealing baseball from them."

    Try this. The circus is in town holding a show. Out front they're selling tickets that will of course be used to pay for the whole thing. Now out back you have some budding "businessmen" that tell people for half of what the circus is charging, they will slip you under the tent to see the show. None of that money will go toward maintaining the show. What the bar owners were doing was profiting off the efforts of others, while contributing in no way to it's sustainability.

    Now if they had either decided to not charge, or contributed in some way then things would have proably gone different for them.

    1. Re:Borrowing from sugar daddy. by Anonymous Coward · · Score: 0

      The bar owner can charge whatever he wants for people to have access to his roof -- it is his roof after all. If the bar patrons can see the baseball game from the roof, that's just an added bonus. If the ball park owners didn't want people to be able to see into the park from outside, they should have built a larger wall.

      Your analogy of sneaking people into the circus is way off -- that's trespassing, and it is taking seats away from valid ticket holders.

      People sitting on the roof of the bar does not hinder the ball park from selling tickets for what are supposed to be prime seats in the venue.

    2. Re:Borrowing from sugar daddy. by 16K+Ram+Pack · · Score: 1
      Quite frankly ridiculous. I hope the bar owners win and this club lose millions on lawyers.

      Anyway, I'm curious to know who was there first. Were the bars there at the time that Wrigley field was built? or after. ISTM that if the bars were there first, then tough luck.

    3. Re:Borrowing from sugar daddy. by nojomofo · · Score: 1

      Uh, you just described trespassing. Clearly, in the bars vs. Cubs issue, there's no trespassing going on - people have permission to be on the property that they're on.

  42. Singles sales by zyridium · · Score: 2, Insightful

    It makes sense to me that singles would be where file sharing would hurt the most.

    The target audience for singles is different, (too cheap/poor to buy the whole CD), and it much easier to get a single from p2p than a whole album....

    1. Re:Singles sales by Anonymous Coward · · Score: 0

      Do they *sell* singles any more?

    2. Re:Singles sales by zyridium · · Score: 1

      Yes.

  43. Tough choice by paylett · · Score: 1
    So if the empirical data suggests that file sharing increases sales, then the record industry needs to decide what it thinks is more important: making money or saving face.

    Should get very interesting if we have a few more years of high correlation between sharing and sales.

    --

    Believing something doesn't make it true. Not believing something doesn't make it false.

  44. Reversal of Fortune by xmark · · Score: 5, Insightful

    An decent article, albeit with a lot of the same yakkety-yak -- but then suddenly, you hit the money quote:

    Maybe it's the record industry that's getting a free ride from file-sharing - a massive marketing system that allows music lovers to get exposed to all kinds of music without the record industry having to pay a cent.

    That describes my experience EXACTLY. If you're like me, you remember not too long ago when anytime you met someone in a band, you couldn't wait to ask them what they'd been listening to lately. When everytime you were at the book store, you rifled through the back of music mags looking at the What's Hot list. When you watched MTV late at night (when the format went off tight rotation) hoping to pick up some first-hand "insider" knowledge of whose star was poised for imminent ascendence. You'd go to the record store, buy a few CDs from the list you'd put together, buy a few more that you hoped would pan out, and go home. I considered myself lucky if, after all the advance work, I ended up with one out of three that actually made it into regular play.

    Then, everything changed. In my case it started with Hotline. I noticed that in addition to warez, there were sporadic postings of music...and suddenly, a veritable flood. Mostly, it was bands I'd never heard of before. After a brief period of being annoyed at having to look harder for Bryce plugins or KPT add-ons or whatever the hell I was cruising for, I decided to check out some of these MP3s. It was like taking a starving Ethiopian to Royal Fork Buffet. I tried entire genres of music I'd never heard before. Electronic music suddenly made sense. Soon, I was arranging lists of sites that specialized in types of music I couldn't have even named a year before. As James Burke might say, it was The Day The Universe Changed.

    Within six months, I ran across the early version of Napster. It was buggy as hell, but the idea of looking on someone else's hard disk to see what they were listening to was like the gift of Promethian fire. It empowered me. Instead of being a remora fish picking among musical scraps left over by people who "knew" what was happening in music, I started becoming someone who knew what was happening. My listening habits started diverging from, and then absolutely veering away from, the Top 100. For the first time, it became transparently obvious that mass music is a processed, focus-group-derived product like mass food or mass clothing or mass anything else. It's not that I felt snooty, just awakened...and for the first time ever, in command of what I listened to. I entered a golden age of enjoying music like never before. Now, I could go to the record store and buy CDs with a 90% or even 100% success rate, compared to maybe 30% in the old days. I no longer felt ripped off. The more I downloaded, the more CDs I felt like buying.

    Bottom line: P2P is the greatest marketing tool ever devised for music. I have hit my forehead and said 'Doh!' about a thousand times over the last few years as I've watched the ham-fisted tactics of the RIAA, and their utter inability to change with, and exploit, the revolution in music. They should be getting fatter and happier than ever by seizing new technologies, and surging forward with the explosive push of free, ubiquitous marketing and feedback provided by P2P.

    Instead, they are suing 12-year-olds and college students, and selling "secure" DRM CDs that won't play on your computer. They are flunking Business 101 not only by alienating an entire generation of customers, but BY TRYING TO DISMANTLE ONE OF THE MOST ASTONISHING FREE MARKETING GIFTS EVER BESTOWED ON AN INDUSTRY.

    Nuff said.

    1. Re:Reversal of Fortune by Anonymous Coward · · Score: 0

      I agree. Yesterday I downloaded a few Melvins songs. I had heard them a long time ago and hated their music. Well, I like it a lot now and want to buy some of their albums.

      Now the problem I have is that the albums I want were published with the RIAA, so I don't know what to do. I'll start by buying other albums.

    2. Re:Reversal of Fortune by Anonymous Coward · · Score: 1, Interesting

      "secure" DRM CDs...

      Like about every college student my main source for getting to know new music is by downloading it, not from my former favourite radiostation that moved away from 'alternative' to 'youth' (read 'commercial crap'). So when I find something interesting enough to buy it, I do so, happily. Until one day I come home and notice this sticker 'Won't play in PC'. Bugger. I'm a student and having a own computer meant not having a new cd-player. Why would I anyway? There's 2 drives in the pc that can handle CD's and the pc is attached to a decent hifi amplifier. So now I'm stuck with 2 cd's I can't play (oh yes, I got trapped a second time...).

      Maybe I can play them... One of them has a software player coming with it. I tried it, and quickly turned it off as the sound was worse then old mc's. Somehow I had the idea to try to rip the cd, and 10 minutes later I had both cd's on my hd in perfect quality and the ability to listen to them. So the cd's are perfectly ok to copy and distribute on the www, but not to listen to if you're a honest, non-cd-ripping person who just cba to buy a cd-player for 2 cd's that won't play in his pc. Congratulation to Virgin for this marvelous attempt to control piracy...

    3. Re:Reversal of Fortune by cyclobotomy · · Score: 1
      I considered myself lucky if, after all the advance work, I ended up with one out of three that actually made it into regular play.
      Why were you so concerned about obtaining albums from hit bands? Did you have anything to gain from this? It sounds like you were conscious that what's played allot influences your own tastes, and that you wanted to be prepared for when this happened. Did you actually enjoy your music, or were you just concerned with having what's popular?
    4. Re:Reversal of Fortune by elflord · · Score: 1
      Instead, they are suing 12-year-olds and college students, and selling "secure" DRM CDs that won't play on your computer. They are flunking Business 101 not only by alienating an entire generation of customers, but BY TRYING TO DISMANTLE ONE OF THE MOST ASTONISHING FREE MARKETING GIFTS EVER BESTOWED ON AN INDUSTRY.

      Why should they take business advice from a group of people whose primary agenda is to get "free stuff" ? Every "solution" or "businesss model" proposed by the slashdot mob boils down to creating a way that they can get something for nothing. Offering previews is nothing new, websites like Amazon have been doing this for a long time. Marketting to a crowd whose agenda largely consists of avoiding payment is NOT a good business model. "Free, free, free" is not a business model either. HTH,

    5. Re:Reversal of Fortune by swillden · · Score: 1

      I have hit my forehead and said 'Doh!' about a thousand times over the last few years as I've watched the ham-fisted tactics of the RIAA, and their utter inability to change with, and exploit, the revolution in music. They should be getting fatter and happier than ever by seizing new technologies, and surging forward with the explosive push of free, ubiquitous marketing and feedback provided by P2P.

      Unfortunately for us, they're smarter than that.

      The record labels fully recognize that even if P2P might give them some temporary benefits, the rise of this marketing channel that costs them nothing is also the rise of a marketing channel that is completely outside their control.

      They absolutely do not want to lose control of the music listening public, for a variety of reasons. First, they understand very well that the way they make really big money is by selling millions of copies of a handful of albums, rather than thousands of copies of thousands of albums. Diverse tastes in music work against them, because by keeping the listening public all on the same stuff, they can minimize their investment (recording costs, advertising costs, legal costs, management costs) and maximize their returns. They want to be able to create "must-have" albums.

      Second, control is important for their own financial planning. They have the ability to "pump" a star or band, or even manufacture one, if that's what's required. Even if the resulting profits aren't necessarily bigger than what they might make with more "natural" music purchasing patterns, they are more predictable, and that has significant value.

      Third, and most important, they fully recognize that they're about to lose their business, regardless of the short term boost. Why? Well, look at what their business model is, where they add value. Record companies do four things:

      • Funding. They hook up artists who couldn't afford to record and publish their music with the cash needed. Of course, they only do this for artists they think can succeed. When studio time to record and polish a good album costs up to $1 million, this is a big deal. But it actually never costed that much, and the cost is falling like a rock. A high-end PC, a somewhat soundproof room, and a few hundred dollars worth of good microphones can now take the place of a multi-million dollar recording studio, *and* the PC can also partially take the place of the experienced sound engineer. Much of the price of a "traditional" recording is money spent on coddling the band members, but that can all be done without anyway.
      • Marketing. Record companies get the music on the radio and TV, fund the production of music videos (which don't make money, they're a promotional tool), and sometimes also conduct traditional marketing and advertising campaigns. You've made the point very well that P2P filesharing and other Internet-based mechanisms can take the place of this.
      • Distribution. Record companies press CDs and get them to retailers, with all of the massive logistical complexities involved in any distribution effort of such scale. They also absorb most of the risk of pressing and shipping CDs that don't end up selling. But the Internet erases the logistical complexities, and there is practically no cost in serving up copies of a song that no one downloads.

      So, since the Internet and ubiquitous powerful PCs make the record companies redundant, how then are they going to continue convincing the public to buy music through them and, more critically, the artists to sell music through them. Their functions removed, they become a completely unnecessary middleman, so artists and listeners will cut them out.

      That's why they're afraid of P2P, why they don't want to admit when it actually helps them -- because it probably will help them, right before it kills them -- and why they're more than willing to fudge the numbers to try to convince legislators to prop up their outmoded business model.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    6. Re:Reversal of Fortune by Anonymous Coward · · Score: 0

      not really. The fact that they have an outdated buisness model is right but plenty of people will buy CDs just to "have" them. there are plenty of people who buy cds which they already have copies on thier hard drives for whatever reasons. me included.

      ive bought several albums which I downloaded first before buying the album later.

      with the filesharing lawsuits, I've completely stopped buying CDs and i simply Dl whatever i can get my hands on from friends etc by sending files over IMs. They cant stop it and they cant possibily try and stop people using MSN messenger and ICQ and the like. People can still use FTPs and load music onto sites, the fact is they will never be able to control it again. Irrational responses like lawsuits just annoy people more than they already are.

    7. Re:Reversal of Fortune by swillden · · Score: 1

      not really. The fact that they have an outdated buisness model is right but plenty of people will buy CDs just to "have" them. there are plenty of people who buy cds which they already have copies on thier hard drives for whatever reasons. me included.

      I do, too. My kids think I'm silly.

      The thing to ask yourself is *why* do you like to buy them? Higher quality? What if you could download that? (Check out allofmp3.com, BTW). Nice cover art and inserts? That can also be downloaded. Want to play it in the car, or at a friend's house? MP3 players are well on their way to being ubiquitous, along with portable storage devices, like CF cards and USB pendrives. Do it because then you don't feel like a thief? Send a few bucks to the artist directly.

      There may very well always be a market for people who just like to collect CDs (or vinyl, or cassettes, or 8 tracks, or shellac), but it's going to be a niche. Most people are going to get their music in the way that is easy, convenient (for both browsing and obtaining) and fast. That way is going to be on-line, unless the record companies can shut it down.

      They cant stop it and they cant possibily try and stop people using MSN messenger and ICQ and the like.

      Three words: Digital Rights Management

      Plus legislation to back it up and put a serious hurt on anyone who tries to show people how to bypass it, and international trade agreements to make it stick everywhere.

      That said, I think you're right, and they can't actually stop trading, or even put a serious dent in it. Their only hope is to convince enough people that it's wrong to attach a strong negative social stigma to it, and they're failing at that as well. Even if they do manage to shut down existing P2P networks, ad-hoc trading like you mention, plus more advanced technical solutions like Freenet will rise to take their place. And DRM ultimately won't work because (a) people won't like it and (b) it can't be done with Free Software and open hardware, and I think there's just too much momentum there. If the record labels had been able to push their DRM vision about five years ago, I think they would have succeeded, but they were too slow off the mark.

      But the point is that there's no way they're just going to throw their hands in the air and let their industry evaporate without a fight. Even if they're pretty sure they're going to lose, they're still going to fight, particularly since fighting may very well extend the time during which they can continue sucking money.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  45. strange rationale against piracy? by Undefined+Parameter · · Score: 4, Insightful

    Hmmm... I was just struck with a thought; what if the record industries are being rabid about piracy because they want to shift to a more advanced sales strategy?

    I mean, if piracy increases sales of physical CDs, then it might be reasonable to assume that the first step in getting away from the physical-media-based distribution system would be to stop that which drives those sales. If the record industries are trying to impliment a download-based distribution system, it'd make sense for them to [persecute|prosecute] online piracy. After all, which is more appealing to the average consumer, downloading a song for free or downloading a song for a dollar/pound/yen/whatever?

    If this is the case (and I make no claims that it is), then I can't say that I like the methods that have been taken (suing ISPs, suing impoverished little girls, etc.), but it would at least make the whole thing a bit more sensical/sane/intelligent, in my opinion.

    (FYI, I have not read the article... yet, and it should under no circumstances be construed that I'm making excuses for the recording industries of the world and their lawyers. Quite frankly, I think I hate the bastards.)

    ~UP

    --
    Eat the Path.
  46. Copy Control by Anonymous Coward · · Score: 0, Interesting

    Though slightly off topic. I just bought the new Placebo album and I am very upset that it isn't a CD following the audio standard but a low quality EMI copy controlled disk. Imagine my annoyance when I discovered that it wouldn't play in my car. I can't rip the CD to my MP3 player. These are the two devices I use to listen to music.

    Don't buy copy controlled CDs - let consumer disapproval end this stupidity.

    1. Re:Copy Control by HAL9OOO · · Score: 3, Insightful

      I don't know if you're in the UK or not but over hear we have something called the Consumer Protection Act. If it was me I'd demand money back from the store because the product is "Not of Merchantable Quality" i.e It doesn't work on my player! If enough people complain, who knows it may eventually be enough for a "class action" suit.

      Just my 2 cents worth (or should that be '2p')

      Hal

    2. Re:Copy Control by ryanwright · · Score: 3, Funny

      I can't rip the CD to my MP3 player. These are the two devices I use to listen to music.

      So take it back to the store, demand your money back, and go download it.

      --
      -Ryan, with the unoriginal sig
  47. ROR OMG LOLFFLE 1 by Anonymous Coward · · Score: 0

    teh spoke 111111!!!!!!111ONEONEONEOPNE

  48. MoRe:"Current" music isn't crapper than old music. by dallaylaen · · Score: 1

    There are lots of good recordings, but noone seems to advertise them. In fact, good music => good taste => people start thinking => profits go south.

    I'll do my dirty spam job
    Les Hurlements d'Leo -- ethnic punk, + some jazz
    Pendragon -- classic british progressive, a-la Genesis, Marillion, Camel of 197x
    The Pogues -- drunken Irish music

    Hmmm... I don't know more (exept some Russians) but I'm sure there are more.

    --
    WYSIWIG, but what you see might not be what you need
  49. Re:Get a clue, consumer by Anonymous Coward · · Score: 0

    Leave Pikachu outta this!

  50. If you love copyright? Hug a creator. by Anonymous Coward · · Score: 0

    "The original owner can still charge a fee if they like. Think like how company's charge for GPL'd software."

    Well the poster is still right. Also what the infringer is doing is making a decision that's not theirs to make(2). By copying and freely distributing it without permission. They're basically sending a couple of messages. One "I have so little respect for you that I will ignore your wishes and do what I want". "I will decide what happens to your work, because I feel your not capable of making that decision". Of course there's the other interesting opposite. "I think your work has enough merit that I will keep a copy for myself, and share it with others (charging just for S&H naturally), but I nor my compatriots will compensate you for your time and effort in creating something I couldn't or wouldn't do on my own".

    So we can dance around the issue all night long, but for most people "sharing" they're following one of the more base instincts and doing it for themselves, without looking at the consequences(1).

    (1) Now what is the consequences of this exchange? "I'm going to take everything you will ever create in your life, regardless of what it took for you to create it, and scatter it to the four points of the compass, and if I can make some coin in the process, so much the better?" I would wager a high price that any creater would simply say "To hell with this, I'm not doing any more". Now who's the loser? The one who stops creating (can always do something that's harder to copy), or the one's who will not, or (more likely) can not create for themselves. There's a reason for the division of labour and it doesn't do a society well to abuse that relationship.

    (2) Linksys taking GPL code without *respecting* the terms, and the "copyright police"(FSF) coming to correct the issue.

    1. Re:If you love copyright? Hug a creator. by Vancorps · · Score: 1
      I was referring to Red Hat, Mandrake, Debian, SuSE. All companies that charge for their GPL'd software and they are well within the license.

      What Linksys did was wrong as it didn't respect the terms of the agreement.

      You speak in totalitarian terms, either everyone steals or everyone doesn't. In reality when it comes to things like music some people inevitably share, they always have, and many people will then compensate the creator for their work. When you have 40 million people downloading and 20 million buying the work outright then pretty even if the creator charges $1 for the work they would be sitting quite healthy with the fruits of their works. Except that leaves out the RIAA adding $13 to the cost of that work for themselves. Hardly a fair situation for both the consumer and the artist.
  51. This argument is bullshit by Anonymous Coward · · Score: 0

    If you are too lazy to find good music, then just shut up and stop whining. Just because you haven't seen anything good on MTV doesn't mean that there isn't any great new music out there.

  52. Did they too ? by Anonymous Coward · · Score: 0

    Did they also get bribe of Bills ?

  53. Tripp'in the Rage fantastic. by Anonymous Coward · · Score: 0

    Okaayy. Now with all the above being said. What do you suggest? Oh I know, since we as a society like to let our emotions do most of our thinking. How about we go up to the RIAA/MPAA/Whatever todays enemy is and burn the place to the ground, while standing in the parking lot with our AK-47's to catching any escapies. Hmmm...oh no I like your way better. Ranting and raving is so much better. How about you do something more constructive, like starting with the RIAA/MPAA's revenue stream. Oh you know, having nothing to do with them. No CD's, no tapes, no over the air listening, no concerts, not even P2P sharing, nothing. Then you really stick it to them by buying music from artists not affiliated with them. And I don't mean token support. You SUPPORT them. Now see how much more effective that is, and you didn't even have to get that "sleazy"(I'll get out and vote...sometime) government involved.

  54. an appropriate reference by rock_climbing_guy · · Score: 3, Funny
    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  55. Reversal of Fortune-Two wrongs make an ad campaign by Anonymous Coward · · Score: 0

    "Instead, they are suing 12-year-olds and college students, and selling "secure" DRM CDs that won't play on your computer. They are flunking Business 101 not only by alienating an entire generation of customers, but BY TRYING TO DISMANTLE ONE OF THE MOST ASTONISHING FREE MARKETING GIFTS EVER BESTOWED ON AN INDUSTRY."

    So Napster (which started this whole mess) was created to be a marketing aid for the music industry? How magnanemous of them. Let's be realistic here and just say that any "marketing" was a side effect of the real goal.

  56. Best Year Ever by Anonymous Coward · · Score: 0
    Come on Aussies! it obivious that Australians are not pirating enough. The record industry is just doing to well.

    So come on lets pirate Australia.

  57. mod parent up by Anonymous Coward · · Score: 0

    mod up

  58. Re:Reversal of Fortune-Two wrongs make an ad campa by ashot · · Score: 1

    That is what he meant, and he expressed himself very well. Don't get your panties in a wad.

    --
    -ashot
  59. Did someone say 'monopoly'? by trezor · · Score: 2, Interesting

    Just a question here, okay? When a (not all, not many, but one) recordcompany-executive automaticly can argu that any decline in sales is due to piracy, isn't he really saying "The only way people can get music, is trough us. We are a fscking monopoly"?

    Not to overestimate the intelligence, will or job-commitment of any government official or politician, but I had the distinct impression that monopolies were accounted for as "bad for the people", and was the whole reason we had anti-trust-laws.

    So **AAs are saying "We are a monopoly" to the government-officials. Government says "We can't have no freaking monopolies" and then legislate that the entertainment industry shall have a de-facto legally protected monopoly.

    Am I missing something here? Or is it that the amount of information in a (relativly) short slashdot post simply is too much information for a politician to handle at any given moment?

    --
    Not Buzzword 2.0 compliant. Please speak english.
    1. Re:Did someone say 'monopoly'? by tgma · · Score: 3, Insightful

      Monopolies only apply to single companies, not to an industry association. No single company can seriously be said to have a monopoly over selling music to the general public, nor is any single company using its market position to create an uneven marketplace. So there's not really a case for anti-trust policy, because it's just an industry association acting on behalf of its members, not a single company acting exclusively in its own interests, against the others.

      I'm sure that independent record companies have complaints about the difficulty of setting themselves up, and probably can point to various anticompetitive practices, but there doesn't seem to be the widespread abuse on the lines of Microsoft. For instance, I've never heard of any of any individual company, nor the **AAs going to record shops and chains and saying "You can't sell our product if you include content from these independents". I have also not heard about any of the **AA refusing membership to new companies or independents.

    2. Re:Did someone say 'monopoly'? by DaHat · · Score: 2, Insightful

      There is nothing wrong with having a monopoly. It is abusing the power of one which is illegal.

      You entire argument is flawed, if the currently non existent recording artist/singer/band Foo signs a contract with a given recording company, that company is most likely going to have exclusive legal distribution rights of Foo's songs through CD's, LP's, Cassettes, Online downloads, etc. They recording company can license another company to also distribute content... for a price.

      Now for a bit of sarcasm to drive home my point. Know what I hate? The book publishing industry! If there is a book out that I want to read, my only choice is to buy it and ultimately have the publisher get a cut! Why can't I buy it from another publisher and not have the original one get their cut?

      There is plenty of music and books in the world, a lot of it is free, and if you want to listen to Foo, you will need to pay the monopoly who owns the rights for distribution of their music... what is so wrong with that?

    3. Re:Did someone say 'monopoly'? by geminidomino · · Score: 1

      Monopolies only apply to single companies, not to an industry association. No single company can seriously be said to have a monopoly over selling music to the general public, nor is any single company using its market position to create an uneven marketplace. So there's not really a case for anti-trust policy, because it's just an industry association acting on behalf of its members, not a single company acting exclusively in its own interests, against the others.

      So when does this "association" cross the line into racketeering? When they are their own law enforcement? Or practices wholesale extortion?

      This isn't news to anyone here, of course. They're US-based of course. The best government money can buy!

    4. Re:Did someone say 'monopoly'? by Keithel · · Score: 1

      Yes, Monopolies only apply to single companies, and the [A-Z]IAA can't be considered one, but they can be considered an Oligopoly. The last time I knew, there were serious restrictions on Collusion amongst oligopolies, so that things like price fixing, which is exactly what these organizations do, doesn't happen.

    5. Re:Did someone say 'monopoly'? by MrResistor · · Score: 1

      Am I missing something here?

      You are.

      In addition to the excellent points made by tgma and DaHat, you are missing the fact that monopoly is the entire point of copyright, and has been since its inception in American law (yes, I'm familiar with the full history of copyright, and it's irrelevant here).

      The whole point of copyright is that it gives the creator of a work a monopoly on that work. They can then assign it, sell it, license it, etc as they see fit. Record companies have based their businesses on getting rights to those monopolies in whatever way they can, but there is nothing inherently illegal about that, even though some of their methods are extremely sleazy.

      Furthermore, calling the RIAA a monopoly is like calling the American Bar Association a monopoly. Both are simply industry associations, not really businesses in and of themselves. Actually, it would be more appropriate to call the ABA a monopoly, since they actually exert some control over who can practice law in the US, whereas anyone can start up their own record company without any input or permission from the RIAA at all.

      The only thing the RIAA members have done that falls under anti-trust law is price fixing, which they've already been nailed for.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    6. Re:Did someone say 'monopoly'? by eofpi · · Score: 1

      They've already been sued for price fixing (it was collusion, not antitrust, as it involved multiple companies cooperating to screw the consumer), lost, and given everyone who signed up for the settlement $13.86. But like the MS antitrust cases, the ??AA's just view it as the cost of doing business, and will continue to do so until the punishment costs them more than their earnings increased over operating within the law.

      You're right about the RIAA not going to shops and saying "you can't sell both our stuff and the little guys' stuff", but they do effectively lock out the little guys from the radio by paying the stations to play stuff (~30 years ago, this was a scandal; now it's SOP).

      --
      Y'know, you blow up one sun and suddenly everyone expects you to walk on water.
    7. Re:Did someone say 'monopoly'? by Thing+1 · · Score: 1
      and if you want to listen to Foo

      I want to listen to Foo Fighters, because they ... um, ... fight for the users, right?

      --
      I feel fantastic, and I'm still alive.
  60. Go International! by BalorTFL · · Score: 1

    Why restrict yourself to AM/FM radio and TV? There are so many Internet Radio stations via Shoutcast, etc., that most people can find several stations they really like.

    1. Re:Go International! by cens0r · · Score: 1

      Call me when shoutcast is available in my car.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  61. Common sense by Anonymous Coward · · Score: 3, Interesting

    Look, anybody can spin of any bs to prove or diprove a correlation between piracy and music sales. Some might even try to use economic theories and models to prove something. But, think about it for a second. If you didn't buy music before the proliferation of mp3s, and if you pirate mp3s, you not impacting on sales. If you did buy music before the proliferation of mp3s, and if you pirate mp3s, you will probably still buy music. The factors that really impact on sales are the percieved quality of mnew usic and the income the groups of people who buy music earn.

  62. Posting anon by turnstyle · · Score: 1
    "Posting anon for obvious reasons"

    Hi John Doe, they now have your IP.

    --
    Here's what I do: Bitty Browser & Andromeda
  63. song samples by No+Such+Agency · · Score: 1

    Most online music sites have the first 30 seconds of each song. I really don't feel like I know enough from those 30 seconds to decide if I like the CD.

    Yeah, partial songs don't do it for me either. I much prefer a couple of full version songs. A lot of artists do do this, though many use Realplayer streams which I refuse to deal with >:-( Interestingly, in my experience, the smaller the artist, the more likely they are to provide free complete tracks on their web site...

    --
    Freedom: "I won't!"
  64. Sad to hear this... by No+Such+Agency · · Score: 2, Insightful

    ... there's a lot of great music out there. If you give up now you'll end up like my uncle, who virtually refuses to believe any good music has been made since CCR.

    --
    Freedom: "I won't!"
  65. You answered your own question... by No+Such+Agency · · Score: 4, Insightful

    My listening habits started diverging from, and then absolutely veering away from, the Top 100. For the first time, it became transparently obvious that mass music is a processed, focus-group-derived product like mass food or mass clothing or mass anything else.

    So tell me again why the record industry crushing P2P is stupid? It's wrong and evil, but not stupid per se.

    --
    Freedom: "I won't!"
  66. For the moment... by quinkin · · Score: 1
    The US Congress will in fact have input in this exact issue if we sign the US free trade agreement in it's current form...

    An "advisory comittee" would get to "advise" us on our copyright issues... and pharmaceutical benefits... and how much further we should bend over to please the monopolistic bastards dangling the $$$'s...

    Q.

    --
    Insert Signature Here
  67. Did you read the article? by twitter · · Score: 1
    You state, without any backing:

    Yes, filesharing probably does have some negative effect on disc sales, but the recording industry have brought that on themselves by overstating their case to the extent that nobody actually believes them any more.

    The article clearly makes the case that file sharing is a giant free promotion for record companies. The ARIA had it's best year ever, having nearly doubled album sales, from 40 million units to 65 million units, since the birth of easy file sharing in 1998.

    This is a story that's reapeated everywhere and reversed only when recording industry morons get their way. The same thing happened in the US. It's easy to show that recent reverses in album sales were due to the death of Napster and a coincidental decrease in new releases. With the new music sharing networks booming, I'll bet record sales are again up despite declines in earning power.

    P2P is grassroots and free marketing. It is less controled than radio, so the dumb asses running the "recording industry" and the world's five music companies don't like it. What they are afraid of is not being able to rip off artists themselves anymore. Record sales go up with P2P, it's just not the crap that will earn big companies the most money nor set the world's mood the same way they desire.

    --

    Friends don't help friends install M$ junk.

  68. HMM by Toupite · · Score: 2, Interesting

    Humans initially prefer simple stimuli. But get bored fairly quickly enough. Humans tend to dislike complex stimuli. But tend to like those better as time passes. What pays more for a music distributor? Make a lot of crappy simple music? That will sell and that people will get bored of and so buy more of the shit. Cuz... of the principle of familiarity? Humans tend to like things simply because they are being exposed to it. So I wonder if you should blame them for being tyrannical or w/e. Maybe they just think things to be more profitable this way.

  69. Begin "Argument Clinic Sketch" thread here by Anonymous Coward · · Score: 0

    No, it doesn't.

  70. To put it very simple... by Anonymous Coward · · Score: 0

    ...the difference between theft of a CD and copyright violation of a CD is less than a dollar's worth of plastic. The replication costs are negliable for both sides, so if the store has to make another copy because the first was stolen, or if you have to burn a copy instead of stealing a physical disk is pretty much irrelevant to the value illegally transfered.

    Call it what you want, but to pretend those are completely unrelated crimes is hogwash. Yes, the value is artifical, copyright is artificial. So is the value of dollar bills. But while natural, it is none the less very real. Is then counterfeiting ok because noone has less money than before? As opposed to stealing actual dollar bills?

    Kjella

  71. maybe... by enrico_suave · · Score: 2, Funny

    maybe a dingo ate their "file sharing reduces sales argument"

    e.

    --
    Build Your Own PVR/HTPC news, reviews, &
  72. CopyRIGHT is not by ninjadroid · · Score: 3, Interesting

    It is worth noting that Copyright is not an intrinsic right, but rather, a government granted privilege. Arguments which focus on how "piracy" is a violation of an author's rights are typically trying to push their point via pathos persuasion (i.e. invoking pity or sympathy). These are colloquially referred to as "crap arguments."

    Of course, the definition of "intrinsic rights" is debatable; I believe they include the right to private property and freedom from coercion, and nothing else.

    1. Re:CopyRIGHT is not by Sivic · · Score: 1

      Guys, you're totally missing the point. The music biz has one main cost - cocaine. Now track the wholesale price of cocaine in each country and you'll find an amazing match - higher price lower profits/ lower price higher profits. Filesharing is a total red herring - that's my theory and I'm sticking to it :)

    2. Re:CopyRIGHT is not by elflord · · Score: 1
      Of course, the definition of "intrinsic rights" is debatable; I believe they include the right to private property and freedom from coercion, and nothing else.

      Do you believe in the right to form contractual agreements ? In other words, would it be reasonable to distribute music in a way that used contract law, much like EULAs ? I believe the right to control distribution follows from the right of consenting parties to form contractual agreements, and that "leaked copyright" moral loopholes that slashdotters like to raise are disruptions of trade that ultimately stem from an illegal action, much like certain variants on securities fraud, insider trading, etc.

    3. Re:CopyRIGHT is not by ninjadroid · · Score: 1

      Do you believe in the right to form contractual agreements ?

      Yes, but I don't see that as an instrinsic right. The right of people to form mutual agreements is a corollary of their right to be free from coercion.

      In other words, would it be reasonable to distribute music in a way that used contract law, much like EULAs ?

      Yes, assuming that contract law constitutes two or more people staking their reputation on adhering to their ends of the bargain, and nothing more. However, this approach is unlikely to succeed in the traditional sense.

      I believe the right to control distribution follows from the right of consenting parties to form contractual agreements

      I don't.

      The bits on my harddrive are bits that I own, in the sense that I control what can and cannot be done with that particular set of bits (not that particular configuration of bits, just the bits sitting on my disk). If that file is a program which spews forth an EULA on start up, I am not bound by it because the bits on my drive are my bits. They obey me, not vice versa.

      If a creator wants to impose restrictions on their creation, they have to get you to agree to those restrictions before you obtain a copy of their work. If somebody breaks their EULA and makes a copyrighted work available for download, the downloaders are not liable for contract infringement, the provider is.

      If you don't like this idea, you could establish a central authority of coercion, a copyright registry, and threaten violators of your "right."

      I don't think I clearly understand the rest of your post, hence I'm not going to respond to what is probably a misrepresentation of your position.

    4. Re:CopyRIGHT is not by elflord · · Score: 1
      If a creator wants to impose restrictions on their creation, they have to get you to agree to those restrictions before you obtain a copy of their work. If somebody breaks their EULA and makes a copyrighted work available for download, the downloaders are not liable for contract infringement, the provider is.

      I'd argue that the downloaders are co-conspirators if they know that they are contributing to a contract infringment. But my belief is that the uploaders are the ones who should be hit hardest. Even if they are not party to the contract (that is, they download from someone who violated the contract), they still bear heavy liability for contributory infringment, and interfering with legitimate business transactions (much like securities fraud where abuse of information can undermine fair trade)

    5. Re:CopyRIGHT is not by ninjadroid · · Score: 1

      I'd argue that the downloaders are co-conspirators if they know that they are contributing to a contract infringment. But my belief is that the uploaders are the ones who should be hit hardest.

      I'd like to clarify what we arguing about: is this a discussion of the current legality of music downloading, or how things ought to be? If the former, music downloading is absolutely illegal. I assumed the latter, however, and my perspective is that of the anarcho capitalist. You cannot violate a contract you didn't agree to without a central coercive authority calling the shots.

      Even if they are not party to the contract (that is, they download from someone who violated the contract), they still bear heavy liability for contributory infringment, and interfering with legitimate business transactions (much like securities fraud where abuse of information can undermine fair trade)

      I staunchly do not believe in contributory infringement. This is a legal construct, not a corollary of my "intrinsic rights," the rights from which I believe all other rights are (or rather, should be) derived from. Our current legal system recognizes it, and it is a fundamental aspect of Copyright law, but I don't agree with it.

    6. Re:CopyRIGHT is not by elflord · · Score: 1
      I assumed the latter, however, and my perspective is that of the anarcho capitalist.

      Correct assumption

      I staunchly do not believe in contributory infringement. This is a legal construct, not a corollary of my "intrinsic rights," the rights from which I believe all other rights are (or rather, should be) derived from.

      Do you believe that there should be laws against knowingly trafficking in stolen goods, for example ? I think the victim's property rights trump the rights of someone to trade with criminals. Allowing the sale of stolen goods creates inefficiencies in the market (because the dishonest merchant can undercut the honest merchant) and it rewards criminals.

      Likewise, I don't see a compelling reason to allow you to be the beneficiary of an illegaly broken contract. The only "right" you gain by permission to do this is the "right" to interfere with and undermine the market. I think that "right" is trumped by the right of the producer to be paid according to what the market will bear.

    7. Re:CopyRIGHT is not by Anonymous Coward · · Score: 0

      Insider trading?!? Illegal?!? But why???? ..Information wants to be free!

    8. Re:CopyRIGHT is not by ninjadroid · · Score: 1

      Do you believe that there should be laws against knowingly trafficking in stolen goods, for example ?

      No, I find them redundant. A stolen good has, by definition, not had it's ownership transferred. If someone approaches you with proof that a good you have obtained was stolen from them, then in reality it is still their property to which they are entitled. The complexity required to resolve such situations will vary, but this is the gist of it. Note that I am talking about physical goods here. It is also worth noting that I believe that order can be maintained without laws as we are traditionally accustomed to them.

      I think the victim's property rights trump the rights of someone to trade with criminals.

      As I've hopefully made evident, I agree with you in this regard.

      Allowing the sale of stolen goods creates inefficiencies in the market (because the dishonest merchant can undercut the honest merchant) and it rewards criminals.

      While I do not support the sale of stolen goods, I do not believe in creating government to protect market efficiency.

      Likewise, I don't see a compelling reason to allow you to be the beneficiary of an illegaly broken contract. The only "right" you gain by permission to do this is the "right" to interfere with and undermine the market.

      Than you and I have different philosophys about the rights of humans. I firmly believe that the right to be free from coercion is an inalienable one. Disallowing contributory contract infringement violates this right, and is reason enough for me to disapprove of such a policy. In a nutshell, my perspective is not that you gain any rights, but that you don't lose any. Furthermore, "interfering with the market" is semantically null in a free market unless attributed to coercive agents. It also is not clear whether contributory infringement undermines the market, and the effect it has would likely vary considerably from case to case.

      I think that "right" is trumped by the right of the producer to be paid according to what the market will bear.

      Under my model, the producer will still be paid according to what the market will bear. The market will simply be different. The typical conclusion that my market would lead to a dearth of intangibles strikes me as less likely than humans simply adapting to the conditions, but this is not a scientific evaluation.

    9. Re:CopyRIGHT is not by elflord · · Score: 1
      Under my model, the producer will still be paid according to what the market will bear. The market will simply be different. The typical conclusion that my market would lead to a dearth of intangibles strikes me as less likely than humans simply adapting to the conditions, but this is not a scientific evaluation.

      Well, given your assumptions, I find it hard to challenge your conclusions. I don't agree with your model, because I think with the sort of minimal regulation you propose, you will get inefficiencies in the market resulting from things like fraud (from securities fraud and insider trading to outright scams like pyramid schemes) or even organised crime. I agree that if you're going to allow insider trading, securities fraud, and various scams, it's not inconsistent to allow copyright infringement also.

    10. Re:CopyRIGHT is not by ninjadroid · · Score: 1

      I don't agree with your model, because I think with the sort of minimal regulation you propose, you will get inefficiencies in the market resulting from things like fraud (from securities fraud and insider trading to outright scams like pyramid schemes) or even organised crime.

      This can be generalized as the opinion that order cannot be maintained without a central coercive authority, and the debate over it's veracity is complex and ongoing. The assumption that fraud, organized crime, and disorder will necessarily result, with greater frequency and severity than under a traditional system, if the only regulations are private contracts is a difficult one to prove. If you are interested in really discussing the subject, which requires quite a bit of effort, this is probably not the best forum.

      I agree that if you're going to allow insider trading, securities fraud, and various scams, it's not inconsistent to allow copyright infringement also.

      This is almost a straw man. My original locus of debate was limited to copyright; insider trading, securities fraud, scamming, and other unethical practices were not included. To expand that locus appropriately would require shifting the debate to whether or not a central coercive authority is necessary for stability and prosperity. As previously mentioned, this is a completely different and significantly larger can of worms.

      To summarize, I am an anarcho-capitalist and you are not, and our debate is shifting to this fundamental difference of ours.

    11. Re:CopyRIGHT is not by Anonymous Coward · · Score: 0
      This can be generalized as the opinion that order cannot be maintained without a central coercive authority, and the debate over it's veracity is complex and ongoing. The assumption that fraud, organized crime, and disorder will necessarily result, with greater frequency and severity than under a traditional system, if the only regulations are private contracts is a difficult one to prove. If you are interested in really discussing the subject, which requires quite a bit of effort, this is probably not the best forum.

      I agree that this is a complex topic, well outside the scope of this discussion. Though the above are my views, I hardly expect you to agree with them (especially since you've made it perfectly clear that you don't!) Cheers, Me, Posting as AC

  73. P2P doesn't hurt recording sales by Simonetta · · Score: 1

    In order to determine the real effect of P2P on recording sales, we have to move away from the idea that each recording is equal to each other recording, even though that approach is mandated by the media corporations by identical pricing for each title.

    Let's assume that each person who buys recordings has a personal scale for the albums that he is aware of, say one to five. The albums considered five will be bought as soon as release at full retail, they love this band and want the new release now. The albums rated one would never be purchased and most likely not be listened to. The twos and threes will be bought if there is no new ones to be purchased and if a new interest in this band or recording can be generated.
    P2P users (that is assuming those with high-speed bandwidth) will most-likely download three rated titles. Those with slow bandwidth (dialup modems) will download 'two' rated titles. The exposure to two and three rated titles will move some bands into the one rated category. That, and also the savings of not purchasing three rated recordings, allows the same amount of money that would have been spent for two and three rated recordings to be spent on new ones and twos.
    As long as the same amount of money is being spent on recordings as before P2P, then obviously P2P doesn't hurt record sales. It does however, change the balance of sales amoung second and third tier level bands. Meaning, unless you're a superstar, P2P filesharing means that there is going to be a greater correlation between your touring and your record sales.
    Record companies should adopt an Ebay auction approach to selling records. By agreeing to release only a certain number of physical recordings within a certain time period, then really popular bands can command higher than normal prices for their latest. New bands can price their recordings at manufacturing cost to get people to buy and try a new sound.

    Opps! The record industry should have done this about twenty years ago. They wouldn't have anywhere near the problems that they have now. Well, too late now.

  74. More Copying means MORE PAYING by Anonymous Coward · · Score: 0

    > If you've already paid for it, it would be fairly dumb not to take it.

    You would be very very dumb to take it. The music cartels will just use your fallacy to leverage higher rates and add more hardware devices to the list. This is already happening. It's stupid people who think they can copy all they want for a constant price, which is totally untrue. Stop feeding them!!!!!!

    The taxing levy for plain CDRs now is 21 cents, but if you give them enough reason in the next hearing, the rates can easily be 50 cents. Actually, the current "music" labelled CDRs are already 77 cents per disc.

    http://neil.eton.ca/copylevy.shtml#Who_sets_it
    http://neil.eton.ca/copylevy.shtml#what_amount

  75. I'm just now hearing this by sdcharle · · Score: 1

    Nobody told me Men At Work had re-united. No wonder they had such a good year.

  76. Re:What is "science", here? by 16K+Ram+Pack · · Score: 1
    The nearest thing I have to 'evidence' is the DVD of the 2nd series of "The Office", a BBC comedy series.

    This series was shown on BBC TV at least once, including repeats on BBC3. It would have been difficult to have missed it. The whole of the UK can see it.

    Guess what? It's the biggest selling DVD ever in the UK. So people were willing to pay for something they have seen for free.

    People aren't buying it because they are "checking it out". They've already seen it and are paying again for it.

  77. Great Post! by Simonetta · · Score: 0, Flamebait

    Great Post! Well thought out and written. Logical and passionate.

    I might suggest getting a DVD writer (I suggest an 8X speed one) and making DVDs of all the great music that you have come to know and trading these with friends, associates, people who look kind-of cool, and even strangers on website postings. Each blank DVD costs about a dollar and holds about 50 albums in 192kbps MP3 format. Mailing costs are about 60 cents a disk with quality shipping envelope folders at about 50 cents.
    This , along with hard disk swapping (a $100 160 Gigabyte hard disk holding about 2100 albums) will be the new Napster and primary method of music awareness and promotion among elite listeners when (or if and when) the P2P networks are shut down by the media corporations.

  78. Borrowing from sugar daddy.-II by Anonymous Coward · · Score: 0

    Well this is a reply to you and the AC. Who was first is irrelevent. It's not the pre-stadium that's being profited from, although the post-stadium situation is. Anyway [from the AC] "If the ball park owners didn't want people to be able to see into the park from outside, they should have built a larger wall." Following that path generates the very situation we're presently discussing in this forum. The MPAA/RIAA are erecting a "larger wall" and then the "bars" are building platforms "P2P, etc" to look over that wall. Back and forth, bigger wall, bigger platform till an untenuable situation is reached.

    It's better overall for society to never get on that path to begin with, by both parties having respect for each other. More the bars because they aren't going through the effort to create something uniquely theirs for their patrons. Rather they're borrowing the efforts of others to enrich their coffers, without contributing to the sustainability of what they're profiting off of.

  79. Piracy = Sales? by abramul · · Score: 0

    Slightly OT, but a while ago, someone let me install Unreal Tournament. I don't remember there being a serial code, and you don't need the CD in the drive, but I decided to buy it anyway. I'll probably do the same with Fallout 1/2 (Where's the original BIS team now, anyone know?). Piracy can boost sales!

    --
    There should be a law requiring/prohibiting that (Please circle one)
  80. If you love copyright? Hug a creator-II by Anonymous Coward · · Score: 0

    It's totaltarian only at the individual level. An individual can decide to steal, or they decide not to. The stealing (or not) of others may weight in their decision to go either way, but it still is an individual decision.

    "What Linksys did was wrong as it didn't respect the terms of the agreement."

    Which is based on copyright law. Music and other creative endevours are likewise based on copyright law. One can't be hypocritical an allow one while denying the other.

    "Except that leaves out the RIAA adding $13 to the cost of that work for themselves. Hardly a fair situation for both the consumer and the artist."

    Well this has been discussed many a time before, but the member companies behind the RIAA/MPAA are more than just money sinks. Otherwise there would be no point to signing up with them, and no before you go there, people do have a choice(1). I suspect that the reason such notions persist, is that one, hatred, two most people have never worked in any significent capacity in either the music or movie industry(2)

    (1) The whole idea of alternatives is dependent on it being true. Listen to an indie band. purchase from an indie site. How many times have we heard that technology is the great leveler? Well now's the time to put one's money were one's principles are.

    (2) A good example of this was a Slashdot story awhile back about the book industry and the roles of book companies and editors. Many a question was raised about the need for editors, ignoring the less than stelar quailty of most of the submitted manuscripts.

  81. The most ironic thing is... by jfdawes · · Score: 1
    Quoting from the article:


    "The free ride simply can't continue indefinitely at the expense of the owners and creators of music."


    That could have come from an artist talking about companies like ARIA.
  82. fixed. by Chuck+Chunder · · Score: 2, Insightful
    really doubt that. Although old music may not appeal to you
    You aren't listening. I didn't say I didn't like old music. I said that a lot of old music, lets say from 20+ years ago, was also crap. It was. You won't find much of the crap in stores today because history has consigned it to the rubbish bin but it was definately there at the time.

    Old music looks good because time has filtered away the crap, not because it was better at the time.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  83. I vote in every election... Do you? by Newer+Guy · · Score: 1

    Well, DO you?

  84. Quit spinning the issue by geekee · · Score: 1

    So when CD sales were down, it was the economy to blame. But when cd sales are up, it has nothing to do with the economy, and everything to do with file sharing. This is just junk science by both sides. No one knows the correlation between cd sales and file sharing. Everyone just selectively chooses data to support their position.

    --
    Vote for Pedro
  85. It's the same in the Netherlands by Anonymous Coward · · Score: 0

    We pay a "tax" to an organization (weird, I thought tax was for the state) because the organization was claiming there was so much copying going on. Before CD and DVD tax there was the same tax on audio casettes and VHS tapes.

    Even though a lot of people use these CD-Rs for backups of their own data or other legal uses, they still have to pay for something they don't make use of, they're treated like criminals and have to pay accordingly. It's a political compromise I guess, but it still sucks.

    The only good thing is that it's legal to DOWNload and keep a copy of something because we've already paid for it. The record/movie company umbrella organisation pretends this last part does not exist.

  86. Here's the act by scruffyMark · · Score: 1

    http://www.cb-cda.gc.ca/info/act-e.html#80

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht

  87. One problem by scruffyMark · · Score: 1

    I'm not sure that internet downloads would be a legitimate source - for you to download, someone else had to upload, and they would basically be distributing a copy, rather than passing on the original.

    --

    What is the robbing of a bank, compared to the founding of a bank? -- Bertolt Brecht