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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.

32 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!

    1. Re:They promote free music, not just filesharing! by StevenHenderson · · Score: 4, Interesting
      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.

      Better make sure the bands you cite share your ideals. What about Velvet Revolver's copy-protected CD?

    2. Re:They promote free music, not just filesharing! by geoffspear · · Score: 4, Interesting
      Yeah, and maybe Slash will think slashdot is a fan website and he'll happen to read your mention of his band while looking for groupies.

      Here's a hint: Velvet Revolver is not some band playing at your local bar in front of 5 people, who are going to be googling their own name and following a link to a geek website and then changing their mind about whther they'd rather give their music away for free or take the millions of dollars they're making. They don't care if you go to their concerts; when you sell all of the available tickets, it doesn't bother you when some guy didn't want a ticket because he's too cheap to pay for your album. Really.

      --
      Don't blame me; I'm never given mod points.
  2. NYT with Sensible Article by jim_nanney · · Score: 3, Funny

    I don't believe it. Especially if it promotes music swapping on P2P. RIAA personel are on the way to the NYT offices now armed with Cease and Desist orders and an order of retraction.

    1. 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 /." -
  3. 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 aardvarkjoe · · Score: 4, Interesting
      Lots of people have weird notions about what is and isn't allowed. A while ago, I got a phone call about alleged copyright infringement from my ISP, and I thought that their claim of what's allowed and what's not was interesting: they said (as near as I can remember) "Downloading copyrighted material isn't illegal, but making it available is."

      Of course, both parts of that statement are, at best, half-true. Downloading copyrighted material may or may not be legal, depending on the will of the copyright holder. Same with making such material available on the internet. And generally, if sharing it is illegal, so is downloading it, which makes their statement wrong no matter how you look at it. Perhaps everyone should have to be educated on what you can and can't do within copyright law before they're allowed to touch a computer.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. 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.

    4. Re:Downloading music itself is not illegal... by AK+Marc · · Score: 4, Interesting

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

      Then why have none of the lawsuits gone after people for it? Read what the people being sued are being sued for. So far, it appears to be legal to upload copyrighted material you have the rights to. That is, if I own the CD and share it out so that anyone can download it, I have not broken any law or copyright. It has never been tested whether you have the right to download a copyrighted piece and listen to it.

      The only thing that they have filed lawsuits for is sharing/uploading material that you do not have any rights to. Why? Because that is the *only* thing that is explicitly illegal.

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

      Go read the law. I have, and IAAL.

    6. 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.

  4. 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.

  5. Its just a ploy ... by Anonymous Coward · · Score: 5, Funny

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

  6. 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.

  7. Induce by Anonymous Coward · · Score: 3, Funny

    arrrrrrgh, Im being induced...as we speak...NOOOO
    must ... not ... infringe!

    Wheres my Induce Act so I can sue these bastards for printing such an inducing article?

  8. Following the logic. by erick99 · · Score: 5, Interesting
    I get genuinely confused about what is legal and illegal in terms of downloading copyrighted music. The NYT in this article starts out with what appears to be an overly broad statement:

    DOWNLOADING music from the Internet is not illegal.

    But that at least seems to be based on what is involved in the lawsuits and not purely on the law or so this next quote seems to say:

    But the fine print of those lawsuits makes clear that fans are being sued not for downloading but for unauthorized distribution: leaving music in a shared folder for other peer-to-peer users to take.

    I understand that the lawsuits have focused on people who have uploaded music and the conventional wisdom is that if you only download you won't get sued.

    So, I am still confused and the article only confused me further

    Cheers,

    Erick

    --
    http://www.busyweather.com/
    1. Re:Following the logic. by Peyna · · Score: 3, Informative

      Copyright infringement is when you infringe on the exclusive rights of the copyright holder. So, the unauthorized distributer/public displayer, etc. of a copyrighted work is infringing on the copyright holder's exlusive right to distribute their work as they see fit.

      So, no it's not illegal to download copyrighted material from an unauthorized distributer. However, the distributer is infringing on someone else's copyrights, and there is definitely a moral dilemna in that you are helping to create a demand for the infringer's actions.

      I don't think it will happen any time soon; however, there is always the possibility that Congress will change the law to include "contributing to infringement" as an offense as well, which could be construed as to include receiving nonauthorized distributions of materials.

      --
      What?
  9. 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
  10. 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.

  11. Re:Consider the source by jubitzu · · Score: 4, Funny

    Sometimes I play my music real loud so everyone near me can hear. Those bastards need to put on earmuffs and stop stealing my music!

  12. Don't mind filesharing? by Anonymous Coward · · Score: 4, Informative

    No Fears: Laptop D.J.'s Have a Feast
    By JON PARELES

    OWNLOADING music from the Internet is not illegal. Plenty of music available online is not just free but also easily available, legal and ? most important ? worth hearing.

    That fact may come as a surprise after highly publicized lawsuits by the Recording Industry Association of America, representing major labels, against fans using peer-to-peer programs like Grokster and EDonkey to collect music on the Web. But the fine print of those lawsuits makes clear that fans are being sued not for downloading but for unauthorized distribution: leaving music in a shared folder for other peer-to-peer users to take. As copyright holders, the labels have the exclusive legal right to distribute the music recorded for them, even if technology now makes that right nearly impossible to enforce.

    Recording companies have tried and failed to shut down decentralized file-sharing networks the way they closed the original Napster. (That name is now being used for a paid-download service.)

    Courts have ruled that the services can continue because they are also used to exchange material that does not infringe on recording-company copyrights. At the same time, a bill before Congress, the Inducing Infringement of Copyrights Act of 2004, seeks to restrict the way file-sharing programs are constructed.

    While the recording business litigates and lobbies over music being given away online, countless musicians are taking advantage of the Internet to get their music heard. They are betting that if they give away a song or two, they will build audiences, promote live shows and sell more recordings.

    As with the rest of the free content on the Internet, there's no guaranteed quality control. Lucas Gonze, whose webjay.org lets music fans post playlists that connect to free music and video, describes free Internet music as "a flea market the size of Valhalla."

    The first place to look for free music online is at musicians' own sites. Many performers, from Bob Dylan (www.bobdylan.com) to the Yeah Yeah Yeahs (www.yeahyeahyeahs.com), post hard-to-find songs for listening: some as free downloads, some as streaming audio (which can be recorded with a free program like StepVoice at www.stepvoice.com). A next place to look is the labels, particularly independent rock and electronic labels like Matador (www.matadorrecords .com/music/mp3s.html), Vagrant (www.vagrant .com/vagrant/audio/audio.jsp), Barsuk (www.barsuk .com), Saddle Creek (www.saddle-creek.com) or Tigerbeat6 (www.tigerbeat6.com/html/catalogue.htm).

    Many public radio stations also maintain music archives for streaming or downloading. Among them are the classical-music station WNYC (www .wnyc.org) and eclectic stations like WFMU in Jersey City (www.wfmu.org) and KCRW in Santa Monica, Calif. (www.kcrw.org), all of which have troves of live performances. MTV (at www.mtv.com) presents an entire album each week as an audio stream.

    Following is a selection of sites offering free music online. Most of them are best used with a either a broadband connection or nearly infinite patience. While major-label recordings are largely (but not entirely) off limits, there's more than enough available music to satisfy every listener.

    Epitonic

    The first and best place to look for any band with an independent recording is www.epitonic.com, a superbly organized site that is likely to have music from nearly everyone heard on college radio. It includes not only downloadable songs but also biographical information and links for hundreds of acts, grouped under genres and subgenres. And it has an invaluable "Similar Artists" feature that can direct fans of one band to dozens of potential new favorites. 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

  13. Re:Close. by the+arbiter · · Score: 4, Interesting

    You're joking, right? The RIAA couldn't be more pissed about people downloading indie music, 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.

    And I'll give them this: they should be terrified. They've milked a monopoly for decades and have forgotten how to compete, and now that they have competition they have no idea how to respond to it in an effective way.

    Hint to the RIAA: suing your customers and bribing Congress to pass legislation aimed at peotecting your monopoly status is not an effective response...it tends to piss people off and then they tend not to buy your products.

    --
    Boycott everything - they're all trying to fuck you one way or another
  14. 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?

  15. 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?

  16. 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.
  17. NYT promotes the *opposite* of filesharing by lucas_gonze · · Score: 4, Informative

    The original poster got the point of the thing exactly wrong. This isn't about unauthorized music, it's about sticking to music which is both free and authorized.

    Filesharing networks are full of hit songs which are unauthorized. Out on the public/stable web there's a huge amount of unknown stuff which is authorized. The trick with Webjay and other sources mentioned in the article is finding the few great songs in the whole sea of crud. If you can do that, you can have good music which the rights holder doesn't mind you having, though you usually have to give up on name brand musicians.

    There's also some kind of Gnu-ish angle that I've never been able to articulate well... It's something like -- if you *choose* to listen to music that isn't from insane powermad label types, you get (more) liberty, and if you choose to listen to non-free music, you give up liberty. That's not quite right because almost none of this music is under a free or open license, though.

    FWIW I'm the author of Webjay.org and was quoted in the story.

  18. 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?
  19. The P2P filesharing "speech" by 0x0d0a · · Score: 3, Interesting

    SilentChris, I speak as a P2P (well, free, not commercial) developer. So I have some bias in that I don't like the big companies going after me. Someday, if I manage to find work doing what I like to do as a hobby, I'd like this to stay open.

    As for the "drug trafficker's road", I can't agree with you. A road has only so much benefit for non-traffickers, but significant benefit for traffickers.

    You point out that there are a great deal of illegal files on P2P networks. This is true, but consider why.

    P2P filesharing does not inherently have any illegal characteristics. It is simply a transfer medium, much the same as the Internet is a transfer medium.

    P2P filesharing systems almost always have two interesting characteristics:

    (a) They provide resources for distributing a popular piece of data to grow almost without bound.

    (b) They distribute costs of distribution of data across all consumers of that data.

    Both of these characteristics are very valuable. The first tends to mean that the network does "more of what we want". It gives us the data we want without limitations based on how much bandwidth someone can get to distribute data. It means that I can create a rendered movie (a la Red versus Blue), post it to Slashdot, and *still* obtain the bandwidth necessary to distribute it -- I probably would not otherwise be able to do so. This is a case in which P2P filesharing has significantly allowed greater distribution of desired data.

    The second means that there is a significant problem handled. We have no micropayment mechanism in place, so people are unwilling to pay for a file they download that might incur costs of half a cent in bandwidth. However, when millions of people download a file, they incur significant bandwidth costs. P2P filesharing provides an economic solution to this problem -- it has all consumers of the data automatically contribute to the cost of the data distribution. This is not a trivial problem to otherwise solve, and again provides significant benefits. It allows *anyone* to publish any amount of content, no matter how limited their means.

    Now, you talk about illegality. Yes, this is true. However, consider why there are so many illegal files being traded. For a long time, it was kind of a pain to massively reproduce and distribute works. This let us create a mechanism for funding content production based on tying resource allocation to the content creator to the publication/distribution mechanism. We had big publishers spring up, take money for content creators, handle the difficult and expensive distribution, and then provide resources for the content creators to continue to create content. This worked very well for the era of books.

    The problem is that P2P filesharing, very simply, makes it cheap and affordable for *anyone* to distribute data. There is a tremendous *demand* for copyrighted goods being distributed freely. P2P filesharing's solving of an economic problem and inherent efficiency make it much easier to supply any kind of content. Since supply is up and the demand for illegal content is so high (and not addressed by our existing distribution mechanisms -- on purpose), illegal content is currently the majority of the content on P2P filesharing networks. This isn't because of any inherent property of P2P filesharing -- it's just because that's what people want.

    Now, you could ban it. You could say "This mechanism is so efficient and good that it allows people to do things that they couldn't do before. Our current system to fund content creation can't handle this. We're going to ban it." It does solve some social problems, but there are serious problems with banning such systems:

    (a) We live in a global Internet. If some guy in Madagascar can create a P2P filesharing system, everyone can obtain it.

    (b) Anonymous systems have nowhere near reached their full potential. As pressure against P2P filesharing users goes up, systems simply provide greater securi

  20. 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."