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NYT Promotes File Sharing

aisaac writes "An article in today's NYT comments intelligently on filesharing. Key points: downloading music is not illegal, peer-to-peer enables this useful and legal activity, and a list of good places to find good music online (including the American Memory Collection at the Library of Congress. The Induce Act is briefly mentioned without analysis, but the article does not mention that some of the Act's sponsors and cosponsors have expressed a willingness to consider ammendments to restrict the application of the Act. (This according to a letter I received from Senator Sarbanes.) Let's keep the pressure on!" A Congress call-in day is being organized.

28 of 247 comments (clear)

  1. They promote free music, not just filesharing! by garcia · · Score: 4, Insightful

    Within Epitonic's huge roster is at least a song or two from some major-label acts, among them the New York band Secret Machines, the Texas band Sparta and the English bands Radiohead and Spiritualized. But independent bands like Bright Eyes or Godspeed You Black Emperor are every bit as good.

    Whenever I see the word "intelligent" included in the summary of an article linked from Slashdot I cringe. This time I was absolutely shocked to see that the article was not only intelligent but insightful and informative. I hadn't been directed to Epitonic before but I am sure I will poke around there some more. I have become a big fan of "alternative" bands that have been making it to the radio scene as of late (Secret Machines, Velvet Revolver, and Modest Mouse to name a few). Modest Mouse allows the taping and distribution of their live performances and it's apparent that the Secret Machines don't have much of a problem with getting their sound out there. Nothing gets me more interested in purchasing tickets to see a show than when the bands distribute their music for free.

    The article mentions my all time favorite, FurthurNET, as a viable alternative to other P2P networks which harbor many files that probably shouldn't be there. FurthurNET is great when you are looking for something more "headsy" like DSO, Phish, or the Dead. You might have better luck looking for other stuff on torrent sites out there (like the now seemingly defunct sharingthegroove.org).

    Support the bands that support the free distribution of their music. It's already working!

  2. Downloading music itself is not illegal... by rd_syringe · · Score: 5, Insightful

    ...but downloading copyrighted materials you don't have permission for that belong to someone else is. Let's not forget that a lot of the anti-copyright sentiment around here magically disappears whenever we have a GPL violation article.

    1. Re:Downloading music itself is not illegal... by Grond_the_Hammer · · Score: 3, Insightful

      Downloading copyrighted material is not illegal. Downloading copyrighted material and sharing it is illegal. "Illegal downloads" are a fantasy perpetuated by the RIAA/MPAA to garnish support for their cause in the media. There is just no such thing.

    2. Re:Downloading music itself is not illegal... by realmolo · · Score: 1, Insightful

      Actually, dipshit, downloading copyrighted material that you don't have a license for *IS* illegal.

      You can't download stuff you don't already "own". Whether you share it or not has nothing to do with the legality, though distributing copyrighted materials tends to get you in more trouble.

    3. Re:Downloading music itself is not illegal... by pandrijeczko · · Score: 2, Insightful
      A good example could have been the XP Service Pack 2.

      This is a bad example. Microsoft are a public corporation who make money from their operating systems and products and therefore have a duty to their customers to plough some of that money back into an infrastrusture that allows them to distribute updates to their customers without impact on the public Internet.

      I personally do not use XP and never will do. As a result, I do not expect the bandwidth I legitimately pay to use from my ISP to be affected by millions of people downloading Service Pack 2 from a peer-to-peer network.

      Incidentally, the same goes for any profit-making organisation that sells software and updates, not just Microsoft.

      --
      Gentoo Linux - another day, another USE flag.
    4. Re:Downloading music itself is not illegal... by Jameth · · Score: 4, Insightful

      "Let's not forget that a lot of the anti-copyright sentiment around here magically disappears whenever we have a GPL violation article."

      If you look closely, you'll see that most of the 'anti-copyright' sentiment around here is closer to '28 years only' copyright sentiment, dislike for RIAA tactics and their debatable legality, and dislike for the way that the United States tries to strongarm every nation in the world into abiding by the laws pushed through by American corporations.

      Funny how none of those issues even relates to GPL violations.

    5. Re:Downloading music itself is not illegal... by Nick_dm · · Score: 2, Insightful

      It's true people here have very different views on GPL infringement to illegal music sharing, but this is not necesarily hypocritical, the two situations are very different.

      For example, p2p music/movie sharing is non-comercial copyright infringment, whereas GPL infringement is almost always for profit (I know of once case that wasn't, a version of the original Quake built on the GPLed source, the guy didn't release the code till it was out of beta). Commercial and non-commercial infringment are different in the eyes of the law and I think many would agree a very different moral situation (see the opinions of anime fans on different sorts of piracy).

      Also while in both situations the person commiting the crime (ie. the distributor) could be seen to screwing over the author/developer, the situation from the point of view of the downloader/consumer is very different. With the p2p sharing, people can obtain music they might not be able to afford, they can trybefore they buy etc. so they are being helped (albeit at the expense of the artist). However, with the program that contains GPLed code they are being forced to buy something rather than trying it first (as people will who download Mandrake Linux before joining the club for example), or simply getting it for free, and they are being denied sourcecode that they should have access to, so they are losing out.

      Anyway, I don't think it's a good idea to confuse the situations, the law and morals involed in both are rather different.

    6. Re:Downloading music itself is not illegal... by Grond_the_Hammer · · Score: 3, Insightful

      Go read the law. I have, and IAAL.

    7. Re:Downloading music itself is not illegal... by Richard_at_work · · Score: 4, Insightful

      Because for the RIAA, proving downloading is a lot harder than proving uploading. PRetty much the only way for the RIAA to prove downloading is to catch the user downloading hte file, and the best way to do that is offer the file themselves. Whoa, whole new can of worms and potentially grey legal areas.

      Catching uploaders is as easy as seeing what they are sharing and ensure its copyrighted material that the RIAA owns. Bingo, a nice lot of evidence that didnt take a lot of work.

      Downloading is illegal. Uploading is illegal. The ease of proof is the difference in lawsuits brought for these actions.

    8. Re:Downloading music itself is not illegal... by Minna+Kirai · · Score: 2, Insightful

      Copying, according to the letter of the law, is making a physical copy, not downloading.

      Congratulations! So now, by downloading the file, you've not only infringed copyright law, but lost ownership of your whole hard drive.

      The disk to which you download is certainly a material object ... in which the work is fixed ... and can be percieved, reproduced, and communicated.

      (If you later burn a CD-R, then the work is even more strongly "fixed")

      If, as you seem to imply, digital files to not constitute "copies" (even though they are of necessity held on SOME material device), then uploading and downloading would be equally legal.

  3. Excellent by ravenspear · · Score: 5, Insightful

    It's nice to finally see a journalist who is at least moderately informed on this issue. More coverage like this will be needed though to bring greater understanding to the majority public. The Hatch'esque philosophy of absolute IP supremacy over legitimate use of technology will do great harm to innovation if it's adopted by the masses. The xxAA orgs would like nothing better than this, but ultimately the consumer would lose.

  4. We need more articles like this. by Maestro4k · · Score: 5, Insightful
    We really need to see more of these type of articles, currently the RIAA/MPAA have managed to drown out the voices of those touting the legal uses of P2P applications. The more people who know about the legit uses, the more of an outcry there'll be. Right now the RIAA has pushed right up against the wall of public apathy, many who don't even fully understand the situation were not happy seeing 12yo girls and Grandparents sued over sharing music. Perhaps an article like this will be the proverbial "last straw" to push the public past their apathy and into full blown "the must change NOW" mode. It'll take that to stop the *AA's lobbying efforts for ridiculous laws like the Induce act.

    The RIAA also has been quite effective in making it sound like the Internet and P2P will end music. The reality is it may put an end to the current music industry where profits are reaped at the artists' expense but those who are musically talented will continue to create new music. The most likely end result is an entirely new music distribution mechanism, one that pays the artists fairly. More and more bands are starting to offer Mp3s online, both for free and for small payments. The more people who know about this and start taking advantage of it, the quicker the current crooked practices of the music industry will fail. It might even lead to more good music being out there. :)

    1. Re:We need more articles like this. by Richard_at_work · · Score: 3, Insightful

      The reason the RIAA has managed to drown out the voices touting legal uses is possibly because illegal use of p2p has also drowned out legal use. When I log onto kazaa with a certain track in mind, if that tracks RIAA owned, then Im liable to find 100+ users sharing it, but if its a freely distributable track then Im lucky if i find 1 or 2 people sharing it.

      Really the only p2p network that can truely tout a large legal userbase is Bittorrent, as its caught on with Linux Distributers and other such companies, but in the most part the vast experience you get is usage for illegal goods. Legal usage of P2P networks is much like a straight guy in a gay bar. Hes there for the drink and the music, but damn if he isnt in the minority.

    2. Re:We need more articles like this. by ravenspear · · Score: 5, Insightful

      The RIAA also has been quite effective in making it sound like the Internet and P2P will end music. The reality is it may put an end to the current music industry where profits are reaped at the artists' expense but those who are musically talented will continue to create new music.

      That is the crux of the matter. Ever since Napster the RIAA has doused the public with hundreds of stories, press releases, and all out rants that internet piracy is so out of control it will ultimately destroy their right to collect profit on the IP they hold.

      The reality is that the threat to them is much broader than piracy, but they don't want to focus on that. There have been several university studies (I can't remember them specifically right now) that have indicated that P2P sharing has not had a huge impact on music sales. It seems that while some people do download things and never pay for them, others actually buy more music because of it. The reason for this is the broad distribution mechanism the internet offers artists outside of RIAA sanctioned radio.

      Behind the scenes, I'm quite sure the RIAA isn't doing it all because they feel that Kazaa will ultimately cause them to go bankrupt. What they are really afraid of is permitting artists to see the potential of online music distribution. If that happens and the artists realize they can do just as well by going online and connecting directly to their fans and listening audience, then they will see a better alternative to the perennial shafting they inevitable receive from the RIAA. Once that occurs, the RIAA will become irrelevant and that's what they are deathly afraid of.

      They're trying to turn back the clock by painting everything related to online music with the same brush. Let's hope it doesn't work.

  5. Actually, it does not at all promote filesharing. by turnstyle · · Score: 4, Insightful
    Actually, this article doesn't promote filesharing at all, but rather legal sources of authorized downloads and/or streams.

    If authorized downloads were all that was file-shared, file-sharing would be a non-issue.

    The issue revolves around unauthorized sharing, and this article isn't about that.

    --
    Here's what I do: Bitty Browser & Andromeda
  6. It's not the computer that steals music... by AcademicRobot · · Score: 5, Insightful

    The debate over filesharing networks a close analogy to the gun-control debate. In other words, here they are saying that the means (e.g., guns or file-sharing) are not at fault, it's the motivation (e.g., for violent crime or stealing music). The opposite side of the debate is, of course, if we remove the means, then we disable the criminal.

    I bring this up only to point out how Congress reacts to these types of questions. That is, the means can be held accountable (i.e., gun registration, bans on some firearms). We could see uncontrolled filesharing networks banned based only on how the RIAA is framing the debate.

  7. Re:Consider the source by Anonymous Coward · · Score: 0, Insightful

    How is it stealing? Stealing only occurs when you deprive someone of some type of physical resource.

  8. Re:Actually, it does not at all promote filesharin by Jameth · · Score: 4, Insightful

    "Actually, this article doesn't promote filesharing at all, but rather legal sources of authorized downloads and/or streams."

    So, those aren't...um...files? And people aren't, well, sharing them? Could you possibly explain what is different between sharing files and filesharing?

  9. Re:NYT with Sensible Article by i_r_sensitive · · Score: 3, Insightful
    RTFA!

    The sites they hightlight are places where you can get music unhindered by RIAA and it's policies. They advocate things like trying the artists site, they point out sources of un-RIAA-tainted music.

    The one thing the article is not justifying (and clearly seperates itself from) is unlawfully distributing property for which RIAA has exclusive distribution rights. In point of fact, the article points out that RIAA does actually have the legal rights, technology may have complicated the enforcement of them, but that does not change the fact that they have those rights...

    What the NYT *is* pointing out is that there are many places to get music without violating RIAA rights, and validating their position that file-sharing is destructive to their industry.

    As I've preached repeatedly over the last year or so, there are options, and you should be exercising them. Which action sends a clearer message to RIAA, forswearing music for which member organizations have the exclusive distribution rights, or participating in the unlawful distribution of said materials... Considering that the second does nothing but convince RIAA that they have a valuable product (which many deny, but continue to validate RIAA with their actions...) and that their rights as regard that product are being violated. The first gives them no legal leg to stand on, and sends a clear message, you won't support RIAA, it's member agencies or the artists they retain. That is a clear and succinct message.

    Kudos to the NYT for mainstreaming the *only* reasonable way to send a functional message to RIAA.

    --
    "Talk minus action equals nothing" - Joey Shithead, D.O.A.
    "Talk minus action equals /." -
  10. Re:Close. by goldspider · · Score: 2, Insightful
    "not bacause it violates their rights or their ill-gotten revenue stream, but because both downloading and indie music are the greatest long-term threat to their business model they've ever faced."

    The fact that people buy their crap doesn't make their gains "ill-gotten". And independent music won't be a "threat" to the RIAA as long as idiots sell their souls to the RIAA for promises of riches and fame.

    "suing your customers ...it tends to piss people off and then they tend not to buy your products."

    But of course, the people who are copying and redistributing music they haven't paid for aren't the RIAA's customers. That would be like suggesting that someone is a customer of GM after stealing a Buick.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  11. Re:Actually, it does not at all promote filesharin by lynx_user_abroad · · Score: 2, Insightful
    [I]f a rightsholder says that it's ok share her work, then it's ok to share her work. What's so complicated about that?

    We wish it were that simple.

    For one thing, problems can occur where a compulsory license is required. For example, suppose you create and perform a song that I want to play on my radio station. Even if you give me full rights to play that song, I am still required to pay the compulsory license fee for using your work in that manner. Copyright law does not give you (as the copyright holder) the authority to authorize me to withold the payment of that license fee. This means I can't start an Internet radio station even if I only use content released under the Creative Commons licenses. Crazy, huh?

    For another, law can create an environment where it is physically impossible to execute legitimately owned rights. Using the example above, if you wanted to distribute your work on DAT tape, and wanted to allow anyone to make multiple-generation copies, you could certainly authorize that as the copyright holder, but people in some countries (the U.S) would find it impossible to purchase DAT recorders which would allow them to exercise that right without breaking the law. In other countries (Canada, I believe) the purchaser of a blank tape would still pay an extra tax (a fee above and beyond the cost of the tape itself) to compensate every artist (except you) whose rights (it is presumed) are being infringed, even when no such infringment occurs.

    Certainly others can come up with additional examples.

    --

    The thing about things we don't know is we often don't know we don't know them.

  12. Congress Call In Day by kenf · · Score: 4, Insightful

    So far only a few people have signed up for the Congress Call In Day. Come on Slashdotters, shouldn't you all be protecting your right to own a computer? Where is the Slashdot effect on this one?

  13. Re:Consider the source by richieb · · Score: 4, Insightful
    If one million people download a song for free from a P2P service, instead of buying it, that is potentially one million fewer sales for that song.

    Actually you can hear a song for free in many other places (i.e. radio, TV). But how about this scenario:

    No one downloads the song via P2P.

    Radio plays it once. 10,000 people hear it.

    Ten people buy it.

    Instead of:

    Million people download it via P2P.

    Thousand people like it, so the they buy it.

    Not to mention that it cost $100,000 to get it played on the radio in the first place.

    --
    ...richie - It is a good day to code.
  14. Excellent free music: by Dell+Brandstone · · Score: 2, Insightful

    An awful lot of people are heavily into music, but are completely detached from the free music and more importantly the Indie scene.

    Two Canadian websites you need to look at:

    - http://www.newmusiccanada.com/
    - http://www.cbcradio3.com/

    Look at broken social scene, or the Unicorns, neat stuff like that. Have fun.

    -chase

    --
    [ a directive occured while processing this error ]
  15. Re:Its just a ploy ... by bwy · · Score: 2, Insightful

    They figure if they appease the slashdot crowd they can get us to register to view the articles.

    In reality, they're just encouraging more folks to use BugMeNot... now available as a FireFox plugin as well.

  16. Re:The drug trafficer's road by schmaltz · · Score: 3, Insightful

    1) You shut down one road, they'll just use another. Blocking isn't apprehending or interdiction.

    2) Of the illegal drugs sold around the U.S., much are sent through FedEx, UPS and like services. Should we shut down those companies because they facilitate the transport of illegal drugs? Because they are the "road" on which the drugs travel into cities?

    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
  17. Re:Actually, it does not at all promote filesharin by hesiod · · Score: 3, Insightful

    Wow, you are so completely wrong that I'm amazed you can feed yourself. Well, maybe you don't...

    > For the past years since Napster, filesharing has been used in a sense that refers to sharing copyrighted files without having the copyright holder's permission.

    It has been used BY YOU to mean that. Just because you push a word into narrow terms, not everyone does. When I say filesharing, it has nothing to do with copyright, legal, or illegal. It means SHARING FILES, regardless of content. I use KaZaA to download legal, free software when the distribution site is down, slow, etc.

    > When people talked about filesharing, they talked about Napster, Kazaa et al.,

    Because those are the programs that do the sharing. What the hell else do you expect them to be called?

    > nobody gives (or gave) a damn about legal filesharing,

    Again, just because YOU view the world so narrowly, don't assume everyone else does as well.

    > No doubt this is just one meaning of the word

    Which goes contrary to your previous statement that "filesharing" means only "distributing copyrighted material illegally."

  18. Re:Actually, it does not at all promote filesharin by commodoresloat · · Score: 2, Insightful

    This is stupid. File sharing means file sharing. If you want to talk about "illegal file sharing" or "sharing copyrighted files," fine, but file sharing is about sharing files.