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US CD Sales Increase in 2004

Lindsay Lohan writes "BBC is reporting that CD sales rose by 2.3% in the U.S. in the year 2004 despite the growing popularity of legal digital music downloads through services such as iTunes. On the other hand, a BBC report from last July noted that pirated CD sales have hit a record high. Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma."

398 comments

  1. but... by justforaday · · Score: 0

    But by going after little Susie or gramma they can make the claim that they're doing something about piracy...

    --
    I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    1. Re:but... by BobPaul · · Score: 3, Insightful

      But by going after little Susie or gramma they can make the claim that they're doing something about piracy...

      Oh, and they can't if they shut down a large scale CD manufacturing plant in SE Asia?

    2. Re:but... by gl4ss · · Score: 2, Insightful

      just wait untill next week and they'll announce that cd sales are down because of piracy.

      they talk with one face to the goverment yelling wolf and with the "everything is so GOOOD!" to the investors...

      --
      world was created 5 seconds before this post as it is.
    3. Re:but... by Datasage · · Score: 1

      They dont make much money in that region anyway. So it looks better to go after pirates here in the US.

      --
      In America we are imprisoned by our fear of them.
    4. Re:but... by BobPaul · · Score: 3, Insightful

      Oh, you mean the guys on the street corners selling the CDs pressed in the large CD factories in SE Asia?

      If Pirated CD sales (from large scale CD factories, not burned copies, if you read the article) are becoming bigger than legal CD sales, maybe P2P isn't quite as big of a problem as 21 large scale factories in Russia and many more in SE Asia supplying the rest of the world...

    5. Re:but... by Anonymous Coward · · Score: 2, Insightful

      So it looks better to go after pirates here in the US.

      Sueing customers and 80 year old Mac owners who can't even install Kazaa, let alone use it to download music looks better than closing a manufacturing plant?

      Which record studio hired you??

    6. Re:but... by AvitarX · · Score: 2, Insightful

      No,

      They will talk about how good the effort is going in stopping P2P.

      And most likly ignore the fact that CD sales are tracking the economy fairly well.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    7. Re:but... by eofpi · · Score: 1

      I wonder if Congress ever bothers to look at SEC filings. It'd clear up an awful lot of this mess, as all the members of the RIAA, MPAA, and BSA are publicly traded companies, and intentionally misleading filings to the SEC are quite illegal.

      --
      Y'know, you blow up one sun and suddenly everyone expects you to walk on water.
    8. Re:but... by dcarey · · Score: 3, Interesting

      But by going after little Susie or gramma they can make the claim that they're doing something about piracy...

      The real question is what are they doing about music quality. Inundation of Britany Spears and the Backstreet boys have made me care much than less.

      I have not bought a CD in 2 years. I HAVE, however, downloaded iTunes entire albums and countless singles. There's no point when I'm just going to put it in my mp3 collection anyway so that it's portable.

      The REAL question(s) is (are) 1)what are record companies doing about the QUALITY of music such that we'd actually care about purchasing them in the first place? 2) The only "CDs" I've recently bought are Dvd-audios. Am not sure of any current way to rip 5.1 surround sound to mp3 or any other compression format, so how does piracy apply here?

      I know that if I would ever actually want to own a hard copy of anything, it would be a Dvd-audio or maybe an SACD. What's the RIAA have to say about that?

      *cricket*

      --

      -- (Score:i , Imaginary)

    9. Re:but... by ricka0 · · Score: 1

      Those pirates aren't selling only to people in their own country... they are being imported in various ways and being sold in the US and all over the world. Check out the article done by 60 minutes for more info about it.

    10. Re:but... by kyle_b_gorman · · Score: 1

      Where's the AC troll that blames China for everything when you need him?

    11. Re:but... by vettemph · · Score: 1
      But by going after little Susie or gramma they can make the claim that they're doing something about piracy...

      Without actually confronting pirates because pirates are scary ...arrrgg. In fact, Pirates would kick there F'in ass back to twatville, California. (where ever that is.)

      Don't make me take this parrot off my shoulder...!!!!!!!

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    12. Re:but... by BobPaul · · Score: 1

      He was recently taken out by the Chinese Mafia... Apparently they didn't like his preachings

    13. Re:but... by hplasm · · Score: 0
      How kind! A meal and a movie?

      Oh.. I see...

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    14. Re:but... by m1kesm1th · · Score: 1

      Everytime I read articles about fake goods and China, I try to find information about the importation of these goods. The articles always say that they are shipped to the states or exported to other countries. That they aren't checked.

      Well, considering drugs take up far less space than 10,000 golf clubs or whatever, I find it difficult to believe that they just 'come into' the states or other developed countries. When a report says that only a small majority of containers are checked, what are is their basis for this? I'd believe it more if it was the customs department saying this, but its not, its a reporter who has it in his best interests to make it seem larger than it is. I'm not saying it doesn't happen, but I'm willing to bet less than 10-15% of Harry Potter DVD's are fake in the US/UK.

      I've chinese friends and they tell me that pirated or counterfeit goods are extremely popular in Asia. However, while talking to them, they agreed that the same goods don't seem to make it across the water. Yes, some goods do, but as for DVD's and CD's i've never seen a pirated one for sale. I know people that download music and sometimes burn it to CD. Since its accessible for most people to burn their own or wanting a legitimate copy, I find the impression hard to believe.

      I do think however that P2P downloads of songs encourage music listening and there is a subconscious desire to 'legitimise' oneself. I myself have downloaded music then I've purchased it later, theres even more than a couple of CD's i've not even opened, since I mainly listen to music on the pc.

    15. Re:but... by Satan+Dumpling · · Score: 1

      You probably have to go to the right place to find copied cds etc in the U.S. When I was a kid, it was the flea market. You could buy a cassette of Bon Jovi Slippery When Wet at the store for $8, or $4 in the flea market. But it was still a case of you get what you pay for.
      Sound quality was slightly less, and the flea market tapes would have a color photocopy of the visible artwork and nothing else on the inside, so you got no lyrics etc. Thus 99% of my rack of cassettes from the time are real.
      Now the digital sound on copied cds should be perfect, but I bet they still cut corners, which I don't care for.

    16. Re:but... by ricka0 · · Score: 1

      Maybe you don't notice them. A good copy is dificult to notice. With say golf clubs, using a lesser material is how they save the money (and how they were able to tell the difference) with CDs you don't need to use lesser CDs, paper, printing, etc the cost isn't in the item rather the information; which is as everyone probably realizes easy enough for even grandma to copy. Have you caught all the talk about fake flea medicines for pets and how even ones from your vet aren't trustworthy lately? Or the killer fake botox in florida?

  2. damn! by Anonymous Coward · · Score: 5, Funny

    stop buying them for christ's sake! now these idiots will believe that the frivolous lawsuits against 15-year-olds were successful.

    1. Re:damn! by BobPaul · · Score: 1

      Maybe. But I'm pretty sure p2p usage also rose this year, or at least stayed the about same

    2. Re:damn! by raitchison · · Score: 5, Interesting

      Exactly, the RIAA is going to take this data and use it as PROOF that their legal assautls are working and that P2P piracy is 100% of the reason that sales took a dive to begin with.

      I remember a few years ago when the labels were bitching about declining sales and Napster, someone did a study and determined that if even the most ridiculously high estimates of P2P usage were true and counting that every downloaded song as a lost CD sale that P2P only accounted for like 20% of the drop in CD sales since the 90s economy bubble.

      In reality it was the economy that caused sales to drop, after all buying CDs is just about the most optional thing and the first thing to go when the .com that was overpaying you ran out of funding.

      Now the economy is on the upswing, and surprisingly people are spending more on leisure items like music.

    3. Re:damn! by NanoGator · · Score: 1

      "stop buying them for christ's sake! now these idiots will believe that the frivolous lawsuits against 15-year-olds were successful."

      Well it's sorta an inverse of the same standard Slashdot uses with Microsoft. When sales go down, it's piracy's fault. When they go up, it's because their campaign was effective.

      --
      "Derp de derp."
    4. Re:damn! by kesuki · · Score: 1

      Actually, The cost of CDs has remained somewhat constant lately due do numerous lawsuits about price fixing etc, so because of inflation the cost of music has come down, eg: if you could afford to buy 20 CDs last year, this year you can afford to buy 21.. Keep in mind many many people's pay rases are directly tied to inflation (union workers, govt workers etc) and those are the people (besides teens) who do the bulk of CD-shopping... people working at fast foods and wal-marts etc are less 'likely'(unless they're teenaged and have a $0 COL) to have disposable income for as many cd's so they either buy them from second hand stores, or use p2p apps, or most likely of all, have 'friends' burn a copy of music they bought legally. The reason 'statistically' CD sales rose when napster poplarity rose (especially among p2p users) was because disenfranchised music listners could hear 'good' music online Before trying to pay for it. The record labels shot themselves in the foot with all the 'radio tampering' they had commited earlier on, to 'make stars' outa nobodies
      which lead to music listeners disenfrachisement, and the stagnation of the music market.
      Eventually P2P methods like napster would have eaten into the record labels bottom lines, because the wal-mart class workers would have stopped buying music entirely in favor of p2p. More affluent users would have initially made up for lost sales, but eventually some of those people would have 'enough' music and would feel they did need to buy anymore...
      Now, the ITunes store is still vitally important to the growth in the record label sales, because if you start to really the music of an artist then you're going to want to have a physical cd of that person's music for the extras like cover art, etc.
      So there you go, p2p left unchecked would eventually have a detrimental effect on possible revenues, however, the effect is generally minimal, and only a cold herted greedy bastard would really care so much about something that most artists* wrote and performed to share the feelings and experience to their listeners first and formost, and to make them money and fame as an afterthought.

      *=I say most artists because, remember the average performing artist makes about 5k/per year LESS than the average McDonald's employee. Some are in it for the money, some only want fame, and money be damned as long as they get famous. some are in it just because they love performing, and some are in it because they believe in a dream.

    5. Re:damn! by raitchison · · Score: 1

      Karma whore huh? I think that means my honor is at stake or something.

      In any case, that was a while ago but I think the study is http://www.azoz.com/music/features/0008.html and here is a more recent study http://www.nber.org/~confer/2004/URCs04/felix.pdf

    6. Re:damn! by Profane+MuthaFucka · · Score: 1

      Don't you understand? The choice here is between having the courage to do what's right, and having enough music maintain their health. That's a very tough position to be in. A person can't just stop buying music. They'd STARVE!

      Also, if they were to remove those white things from their ears, their brains would leak out. You can't get any nutritional value from the music that you consume without a BRAIN!

      Sure, I feel bad for the 15 year old getting arrested like they are Jean Valjean stealing a loaf of bread. But, I have to live too. That's just the way the world works.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    7. Re:damn! by stinerman · · Score: 1

      Its very possible that CD sales are up for indie labels, but down for RIAA bands.

    8. Re:damn! by Chapium · · Score: 1

      Stop buying them? "On the other hand, a BBC report from last July noted that pirated CD sales have hit a record high. Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma." Sounds like the RIAA needs to be in a different business...

    9. Re:damn! by browngb · · Score: 1

      I think it's the continuing coverage of illegally trading files that's helping the RIAA. Once a week I read some Slashdot story about RIAA losing this case, or winning that one. Then I read through the comments to see who thinks it is ok and who thinks it isn't. It forces everyone to reflect on where they stand, they for it or against it. This continual advertising can only help them. Instead of thinking about work (which we all should be doing), I'm considering if I should ethically be downloading music or not. With music on my brain all the time now, I can't help but get the urge to get some new music. Regardless of how your get it, the RIAA has now made music your forefront concern.

      --
      Generally, I get bored with my replies and give up on making sense halfway through.
    10. Re:damn! by Haydn+Fenton · · Score: 1

      No doubt. Everything is on the rise because there's constantly a population rise and once something is widely used, the minority start to use it as well. As well as CD sales going up, and probably pirated CDs and P2P usage going up, this month is the first month (at least here in the UK), that legal music download sites have outsold their shop shelf equivalent. Was on BBC Radio 1 today as I came back from college.

  3. Little theif, big theif by Neil+Blender · · Score: 1, Flamebait

    In the end, they're both theives.

    1. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      s/ei/ie/g

      NB

    2. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      * thief
      * thieves

      +1 point for getting the right formation for "they're" though. I would have expected a "their" in that location by your typical illiterate poster.

    3. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      All non-land owners are theives. They expect to live off of the hard work of others, they expect their health care to be paid for, they expect money when they retire, they expect a whole lot of stuff which isn't due them. About the only thing they are good for is cleaning up crap and building buildings. We should just build jails and keep them all there when they aren't being used to build up our property.

    4. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      I already corrected myself. Thanks for your input though, it was very thoughtful.

      NB

    5. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      No problem, I'm always happy to be of assistance.

    6. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      lol, what? Seriously, what's your point? Is this your own personal justification for stealing stuff off the internet or did you steal it from someone else?

    7. Re:Little theif, big theif by velo_mike · · Score: 1
      All non-land owners are theives. They expect to live off of the hard work of others, they expect their health care to be paid for, they expect money when they retire, they expect a whole lot of stuff which isn't due them. About the only thing they are good for is cleaning up crap and building buildings. We should just build jails and keep them all there when they aren't being used to build up our property.

      Not exactly, hell, it's not even a good troll but I'll play anyways. Non property owners who occupy a piece of ground without the owners permission are thieves. Non property owners (like me) pay a market rent for the use of a piece of property.

      Now mr troll, and anyone in the "information wants to be free", what gives you the right to the labor of another man?

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    8. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      Only labor by good people needs be paid for, those who are worth less than me don't need to be compensated.

      How do I tell who is worth less? By how much land they own. We can tell who is the favored of God based on how much land they own.

    9. Re:Little theif, big theif by velo_mike · · Score: 1
      How do I tell who is worth less? By how much land they own.

      A moot point at best since, in every country I'm aware of, land is merely leased from the state...

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    10. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      Yeah, unfortunately the government expects me to pay for my property rights, though I suppose if I do use the courts I should pay something for it. I dunno, that's complicated.

    11. Re:Little theif, big theif by Anonymous Coward · · Score: 0

      Don't take the bait, man. It's called "trolling," a favorite activity of juvenile wankers who need attention. I can't wait to see what they will write now that I've penned this.

    12. Re:Little theif, big theif by hazah · · Score: 1

      "Now mr troll, and anyone in the "information wants to be free", what gives you the right to the labor of another man?"

      Disclamer: I belong to the "information wants to be free" foundation (IWTBF-F)
      -> you have to say the "F" twice

      *cough cough*

      The right to the labour of another man is given by that man. Any other questions?

    13. Re:Little theif, big theif by ichimunki · · Score: 1

      what gives you the right to the labor of another man?

      what gives another man the right to prevent me from using my own property and my own labor to make a copy of something I came to possess lawfully?

      --
      I do not have a signature
    14. Re:Little theif, big theif by velo_mike · · Score: 1
      what gives another man the right to prevent me from using my own property and my own labor to make a copy of something I came to possess lawfully?

      If you're referring to fair use, copying something for your own use than you're absolutely right, the copy restriction laws need to be thrown out.

      --

      At the bottom of the endless pile of paper work which characterizes all regulation lies a gun.
      Alan Greenspan

    15. Re:Little theif, big theif by ichimunki · · Score: 1

      No. I'm referring how "intellectual property rights" interfere with existing property rights and my right to contribute my own labor to whatever endeavor I choose. Copyright law is not about "taking" someone else's labor. It is about preventing me from using my own property and labor as I see fit.

      --
      I do not have a signature
  4. Of course... by jtbauki · · Score: 5, Interesting

    Hasn't the Music industry recorded record profits during the years when it CLAIMED that they lost MILLIONS to illegal downloads? It seems like the rise of p2p has coincided with profit increases for the music industry. I won't say it's a cause and an effect. But it's a drop in a bucket to them. Apple's success shows people are willing to pay, just not the inflated, over-hyped prices of the crap cds the RIAA has been coming out with.

    1. Re:Of course... by Anonymous Coward · · Score: 0

      CLAIMED that they lost MILLIONS

      That is pretty much the entire fallacy of their argument. They are claiming that piracy has cost them millions/billions in potential profits, which is something that they never actually "had" to lose in the first place. Thus, they can still make make money hand-over-fist and whine about how much their industry is being hurt by shadows.
      Basically, they are claiming that they have a right to a guaranteed increase in profit regardless of market/social/whatever conditions without having to work for it.

      You can't lose something you never had.

    2. Re:Of course... by garcia · · Score: 1, Insightful

      Apple's success shows people are willing to pay, just not the inflated, over-hyped prices of the crap cds the RIAA has been coming out with.

      Honestly, I really believe it has a lot more to do with easy of purchase and single track downloads more than the price.

      Albums for $9.99+ isn't exactly inexepensive when there is no tangible media. Most new releases at respectible outlets (not in large shopping malls) are 12.99 or so.

      People are still paying an overinflated price for crap that the RIAA puts out. They are just doing it without having to buy a disc full of filler when they only want one song.

    3. Re:Of course... by dciman · · Score: 2, Interesting

      Exactly! And I feel that people downloading music legally or not actually incourages CD sales. I know it does for me at least. While mp3 quality is fine for my Ipod and headphones or listening to at work... or in the car, there is no way I want to listen to them on my stereo at home. So, I download some songs here and there, some through Itunes, some off bands websites, and some throuh P2P. When I find something I like and am interested in... I go out and buy the record. Why? some may ask.... well, I want to support the artists and I don't want to listen to something that sounds like it is being played through a Fischer Price radio. (I know some quality, high bit rate mp3s can sound OK... but nothing like the real thing played through even a decent stereo.)

    4. Re:Of course... by Datasage · · Score: 1

      You dont understand how it works. A company is out to make as much money as it can while playing by the rules. The rules protect IP from infringment; When infringment occurs, its considers lost money. It has nothting to do with the fact that they cd sales are at record highs, its has to do with the fact that they could be higher.

      Compared to piracy via P2P, Apple is only mildly successful. They are as well not making any money but using it to boost ipod sales.

      --
      In America we are imprisoned by our fear of them.
    5. Re:Of course... by strelitsa · · Score: 1
      You can't lose something you never had.

      Hmmm. So if I win the lottery and a mugger steals my lottery ticket while I am on the way to pick up my first check, I'm just SOL when it comes to recovering the money because "you can't lose something you never had." Fascinating.

      --
      No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    6. Re:Of course... by derEikopf · · Score: 1

      The record profits would have only been higher had they not lost millions to piracy. Let's face it. Half of my high school population downloads full album MP3's and never buy CD's. As the younger generations come up, piracy will get worse and worse.

    7. Re:Of course... by ATN · · Score: 0

      That's silly the ticket you had at the time it was stolen, was worth however much the lottery jackpot was and so technically you had the jackpot and hence you lost something you had, namely the winning lottery ticket which entitled you to the jackpot. Now if your ticket was a losing ticket and someone stole the ticket and you claimed you lost the lottery then people would think you're stupid, which is what the RIAA is doing.

    8. Re:Of course... by Anonymous Coward · · Score: 0

      And if these people with no salery and just about no money couldn't download those albums, they would have gone out and spent all their no money on CDs, earning the record companies a big fat zero...

    9. Re:Of course... by avidmerion · · Score: 1

      And just consider what it is like buying music outside the US or Europe.
      Typical CD prices in a country like South Africa are $24.
      Also, the average disposable income there is WAY lower than in developed countries, making CDs an extremely expensive luxury.
      Would you download a tune you know you are going to tire of in a few weeks or buy the complete album? Hmmm...

    10. Re:Of course... by strelitsa · · Score: 1
      That's silly the ticket you had at the time it was stolen, was worth however much the lottery jackpot was and so technically you had the jackpot and hence you lost something you had

      Wrong. The ticket by itself is worth nothing - it is just a piece of paper until it gets redeemed at the lottery office. The victim in my example had absolutely nothing except a piece of paper, which the mugger took from him. That's why my example was correct - the RIAA bashers seem to think it would be just fine if something like the lottery ticket theft happened. After all, "you can't lose what you never had", which is why they apparently feel no moral dilemma with stealing the profits and the art of others.

      --
      No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    11. Re:Of course... by Twanfox · · Score: 1

      My question is, would they have spent money on the CD if the option to download wasn't there? I know when I was in college and high school, I didn't buy a heck of a lot of CD's, and downloading was not an option.

      Downloads only corolate to lost sales if the person downloading would have bought the CD, but decided not to because it was downloadable for free. If the person would never have bought it, the potential revenue is $0 regardless if they download it or not.

    12. Re:Of course... by Threni · · Score: 1

      > My question is, would they have spent money on the CD if the option to download
      > wasn't there?

      Many people would have, having no other option than going without (unless they copy it from a friend/library). So clearly money has been lost through lost sales. It's probably impossible to discover how much though - there are just too many variables and none are accurately obtainable.

      >Downloads only corolate to lost sales if the person downloading would have
      >bought the CD, but decided not to because it was downloadable for free. If the
      >person would never have bought it, the potential revenue is $0 regardless if
      >they download it or not.

      Not strictly true, as there's also the `how many (new) CDs do you need` thing to deal with. Most people who aren't really into music only have the capacity to obtain and listen to so much music a month/year, so if they'd usually only have got one CD every few weeks/months and they can satisfy that via P2P then there's really no need for them to ever buy any CDs. And most people aren't really into music.

  5. The figures show just how insignificant piracy is by hattig · · Score: 5, Insightful

    And they prove that any drop in CD sales was purely because of the economic slump, when non-essential things like CDs and DVDs are the first things to leave the on-the-spot purchase habits of people.

    Or maybe the prices have dropped, making the product more desirable to the consumer.

    However, they'll just say that it is the result of their "anti online piracy" actions.

  6. Re:Sue the actual criminal gangs ? by Anonymous Coward · · Score: 4, Funny

    hat would be so un-american

    Considering this was reported by the BBC, you are probably right.

  7. Does Not Follow... by The+Raven · · Score: 4, Insightful

    You say pirate CD sales have hit a record high... and thus the RIAA should be going after them. Umm. That's the same flawed logic that had the RIAA attacking Napster.

    What if it is the Pirate CD sales that are the primary motivator behind the 2.4% increase? Come on guys... be consistent. All methods of piracy can have some beneficial network effects on sales. All methods of piracy can ALSO cause lower sales under different circumstances.

    It is, in a word, wrong to deify music swapping online, but demonise pirate CD sales. They're both illegal... the only real difference is that one has a profit motive, and the other doesn't. But the actual level of illegality, under current law, is about equal. It's illogical to praise one and not the other, don't succumb to the same stupidity that is rife within the **AA.

    --
    "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    1. Re:Does Not Follow... by grungebox · · Score: 1

      I'm fairly certain CD sales are tracked based on unit codes/UPC's or whatever, which should be lacking on pirated copies. So...they won't factor into the CD sales figures. I think.

    2. Re:Does Not Follow... by tomhudson · · Score: 1
      All methods of piracy can have some beneficial network effects on sales
      ... just ask Bill Gates. If it were impossible to pirate Windows and Office, he'd lose his lock-in overnight.

      From their site: http://www.riaa.com/issues/piracy/default.asp

      Each year, the industry loses about $4.2 billion to piracy worldwide -- "we estimate we lose millions of dollars a day to all forms of piracy."
      And this is why they want $150,000 per song on your hard disk? Do the math. According to their own figures about piracy rates, that works out to more than all the money ever printed throughout the entire history of the world, not $4.2 gigabucks.

      FTA:

      Maybe they should go after the real pirates ...
      Now if you substituted "crooks" for "pirates", I think that's something most recording artists and the general public would get behind.
    3. Re:Does Not Follow... by Jewcatur · · Score: 1, Insightful

      Of course both are illegal but the difference in opinion is not of legality but of the fact that the two are different.

      I believe file sharing should be 100% legal. I don't believe there is anything morally wrong with taking music and sharing it with people in the forms of 0's and 1's that go over a wire.

      On the other hand, selling bootlegs is something I cannot agree with. I do not believe someone should have the right to profit off of my own work just as much as your college propfessor does not believe that you should get a good grade and a degree for plagarizing (someone else's effort).

    4. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      Note that a lot of the pirated CDs are produced overseas in countries like Spain, Pakistan, China, Russia, etc.

    5. Re:Does Not Follow... by The+Raven · · Score: 2, Interesting

      I don't think you quite got my meaning.

      A common refrain from those in support of filesharing is that the network effect ("Hey, this band is really good, listen to this!") that piracy makes cheap and easy can lead to increased sales of legitimate CDs. Thus, the RIAA should support filesharing networks because it is 'free advertising'.

      And yet, the same argument can be pointed at the makers of pirate CDs. They are like AOL CDs, a cheap way to try out a band you would not have blown $15 to listen to otherwise. Trying out music from pirate CDs, and showing it to your friends, could lead to increased legitimate sales of music you discovered via pirate sellers.

      My point is that it is wrong to talk about P2P sharing as 'good' and pirate CD sales as 'bad'. It's wrong to argue about the benefits of one, but ignore the potentially identical benefits of the other. And it's wrong to cheer when a pirate factory in Hong Kong is shut down, but boo when a bittorrent website is shut down.

      It's hypocricy. They're both equally bad or good, depending on your point of view.

      Just as a note, I use bittorrent and iTunes. In the past I have used Napster, Gnutella, and Kazaa. I have not purchased a physical CD in years. I am not against piracy, but I am against hypocricy... it is THEFT (in the US), at least until the laws are revised. I support weakening of IP laws, but I do not support mealy mouthed thieves calling their behavior angelic. Own up to your crimes and move on, and donate money to organizations that are seeking to revise the laws so they are less insane. But don't pretend that you fart roses in the meantime. :-)

      Hmm. Rambling rant. Oh well.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    6. Re:Does Not Follow... by Heftklammerdosierer! · · Score: 5, Insightful
      If I buy a pirated CD, I've already exchanged money for goods. There's basically no chance that I'll later buy a legit copy because I already have some physical media. If I download 2 or 3 songs (or an album) by an artist, and find their CD for sale at a reasonable price, I'm more likely to buy it than if I hadn't heard any of their music.

      I don't see why two things being equally illegal makes them morally equivalent.

    7. Re:Does Not Follow... by EvanED · · Score: 1

      What's the difference between "sharing" the music in the form of 0s and 1s that go over a wire and selling bootleg CDs with 0s and 1s embedded in the surface of the disc?

    8. Re:Does Not Follow... by The+Raven · · Score: 1

      Except for the fact that you DO profit off of someone else's work when you use P2P applications. At least for the good P2P apps, those that share have an easier time than those that do not. Your 'pay' for giving out someones copyrighted work is streamlined access to MORE copyrighted works.

      Cash is not the only form of 'pay' in the world.

      From another angle, let's say I make an album, and 500 users download my song (illegally) over the Internet from a single user with a high bandwidth connection. Another 500 buy a pirate copy from a warezer on the street handing out CDRs. As the content holder who wants to make money off my work, and who PLANNED on doing it by legitimate CD sales, does it really MATTER how those 1000 people got my work an alternate way? Both the person with the fast pipe and the guy with the fast burner theoretically stole 500 potential customers from me.

      Now, I support lessening IP law. I'm in favor of donations, gifting, and a move away from fewer ultra-rich artists toward a saner multiplicity of homegrown artists, who may or may not even fully support themselves with their art.

      But that doesn't mean that under current US law, piracy is theft... whether it's bits on a wire or bits on a piece of circular plastic. Whether money exchanged hands, or bits exchanged hands. It's still theft, until these laws are changed, and one type of theft is not inherently more wrong than the other.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    9. Re:Does Not Follow... by The+Raven · · Score: 2, Interesting

      This actually is the only legitimate reason I can see to distinguish the two types of theft. However... what about the person who gives his friends a burnt copy of his CD? Isn't that just as bad as the guy selling bootlegs on the street? I now have a physical copy, why should I go buy it?

      What if the guy on the street is selling at cost? Does that make it less bad for the copyright holder? Does it make him morally better? Compare this to the person running an FTP with a ratio... you have to upload 2MB to download 1MB. They are obviously getting 'paid' for the files they give you, in return for other files. It's just a different type of payment.

      With bittorrent, people who just download and leave without sharing back are looked down upon as leeches... but aren't they, by this whole 'if it's free it's morally better', helping you stay 'pure'? By not 'paying you back' for the files you sent them, it means you really ARE giving it away for free. But people don't LIKE that do they. They want their payment for sharing files... in the form of others sharing in return. What is payment but getting one good or service in return for another.

      File sharing is full of this 'tit for tat' exchange. You give me stuff, and I'll give you stuff. People in the warez world look down on leeches who take but don't give back... they are looked at as thieves because they did not PAY for the file they downloaded. It's still payment, whether in bits or in dollars. People who share files online demand payment as much as the guy on the street selling bootlegs, they just accept a different form of payment... bandwidth.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    10. Re:Does Not Follow... by The+Raven · · Score: 2, Interesting
      And you don't understand my argument... 'profit' is not narrowly defined as an increase in cash. You can profit in many ways, and when you are on P2P networks, the files you receive are your profit.

      Try running bittorrent in 'no sharing' mode. You are giving away none of your precious bandwidth to the other users of the network. You are not 'paying'. And your download speed is pitiful.

      Now, start uploading to the bittorrent network. As you start 'paying' for your bits by sending out bits, your downloading improves. The other users 'profit' by getting their files a bit faster, and you profit in return by getting your files faster. An exchange of goods and services... a virtual economy, where the currency is bandwidth.

      I do agree that when you buy music you usually get more than when you steal it. Sometimes however, you get less... as is the case when you buy a DRM locked CD that does not work wherever you want it to.

      But that's not really here nor there... many albums are shared along with the cover art. Maybe the extras that come with the CD are irrelevant to you... particularly for people who own portable mp3 players, everything but the music can be rather irrelevant, if you're going to be ripping it anyway. Some bootlegs are sold with well made covers and printed labels. Few storebought CDs come with a poster or added benefits beyond the music itself.

      All that matters, when it all comes down to it, is this:
      • Would you have bought the music through legal channels if it had not been made available illegally?
      In the end, that's ALL that matters, and there is serious debate (and no real conclusions) on that question. Some people buy the music legally BECAUSE it was first available illegally. Some people would never have gotten it legally, because the cost (in money or inconvenience) was too high. Some would have gotten it legally if they hadn't found it online first. How many people of each type are there? Nobody knows.
      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    11. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      they will probably claim that itunes is to responsible for the increase. because people now can download them legaly they want to buy them. so now because there is a legal alternitive they are doing better (it is a step in the right direction) i remember hearing on zeropaid ( but not sure when or where) that while overall sales were slumping the riaa managed to get fewer albums produced so there was a higher per album average of cd sales but they only talked of the overall decrease to make their point. could be a conspiracy guys get out those tinfoil hats (and body suits)

    12. Re:Does Not Follow... by globalar · · Score: 1

      That's an important point.

      Napster-style piracy is not about money, but simply content. Using it as a metric against sales is probably foolish. There is a different relationship between music-sharers than between sellers/buyers.

      However, copyright infringement that involves a sale is an actual threat, because it is competition. In terms of sensible law and a legal strategy for the RIAA, it makes far more sense to go after profit-driven infringment. The average file-sharer is not competition, but a potential customer. The profit-driven infringer is simply small-time competition.

    13. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      Black markets only exist when there is a scarcity (artificial or otherwise) of a resource. In this case, the RIAA is controlling sales of CDs and raising the prices high by creating an artificial shortage.

      The effect? Pirates can steal their material and sell it at a much lower price. The only, only, *only* solution in history that has stopped pirates is a free and reasonable price on goods.

      Lower the price of new CDs to $5 and I guarantee you that pirates will run for the hills (or the nearest tobacco company)

    14. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      "It's hypocricy. They're both equally bad or good, depending on your point of view."

      Not quite. The factory pumping out pirate CDs is making money off their venture. Some guy bittorrenting a few files is not.

    15. Re:Does Not Follow... by Heftklammerdosierer! · · Score: 1
      I think the main difference (in this case) between bootleggers and filesharers is that pirated cds are just an illegal extension of the current distribution process, whereas filesharing could be a whole new method of distribution (if the RIAA/MTV/Clear Channel didn't have a monopoly on making bands famous).

      Ok, it's a weak defense as things stand now, but maybe if a few good bands become nationally known through online music sharing (mp3 blogs, anyone?) it'll earn some validity.

      As an alternative, I should mention population density and cost of living. Living in a decent sized city, there are generally lots of record stores and, more importantly, used cd stores. Not living in a decent sized city, like most of the country, it's more difficult (in my admittedly limited experience, correct me if it's not the case) to find a good used cd store, and filesharing is no more difficult than anywhere else (especially with the spread of broadband). Cost of living is generally higher in larger cities, too, and therefore wages are generally higher and people have more to spend on cds, which AFAIK are priced relatively uniformly across the country.

    16. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      That might be the case if pirated CD and files shared on P2P were exactly the same. They're not. Listening to a couple of MP3 can conceivably encourage a person to buy the CD because they want the rest of the tracks with CD quality. They may also want the packing and liner notes (Ok, maybe not liner notes in this Britney Spears era)

      The incentive is that they don't want to have to do fish through a P2P network to find all the tracks especially since they'll probably be of differing quality, volume, etc.

      A pirated CD is an exact copy of a real CD (expect maybe for the packaging depending on the quality). Therefore once you haved the pirated one, you gain nothing by buying the real one. Especially since you already paid money (albeit less) for the pirated one.

      Therefore, it's not illogical at all to praise one and not the other.

    17. Re:Does Not Follow... by pipingguy · · Score: 1


      An exchange of goods and services... a virtual economy, where the currency is bandwidth.

      Please let me know when I can pay my rent by offering "bandwidth" to the landlord. Or maybe you're thinking of a barter-type economy. If so, well, I design cryogenic piping and industrial plants as my form of bartering - how many of my neighbours/fellow citizens would realistically need my services?

      Likely you were writing of music/movie sharing only though. Even in those cases, peoples' jobs often depend on the larger industry. This is not to defend the RIAA and others, but I find it ironic that so many of the "techno-elite" whine about offshoring while taking advantage of the technology to get stuff for free. This seems to be the ethos of the young these days - maybe it's a result of being "the ignored generation" after the baby boomers.

      For the record, I don't fileshare and I buy my music and movies at retail stores. I think they are overpriced and would rather pay a buck for a song that I like than being forced to shell out for a whole album.

    18. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      Pirate CDs and filesharing are quite different. There are markets where basically only pirated media are available, because that is what the population can afford. The numbers are vast. These are the targets of the vast CD factories overseas, not comparatively rich western kids.

    19. Re:Does Not Follow... by LGagnon · · Score: 1

      But the actual level of illegality, under current law, is about equal.

      No. Piracy for profit is a criminal offense; music swapping without profit is a civil offense.

    20. Re:Does Not Follow... by Regnard · · Score: 1

      I've heard that some record labels release "official" bootlegs in to the black market to get a piece of the piracy pie. Do you any of have more info about this?

      --
      Need a color? Try 100 random colors
    21. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      it is THEFT (in the US), at least until the laws are revised.

      Unless they recently abolished copyright law in the US, without slashdot writing anything about it, no, it's not THEFT. It's copyright infringement. Different law.

      So, legally there's a big difference. In the mind of the people (including slashdotters), there's a big difference. Claiming that copyright infringement is the same as theft just makes you look like an RIAA spokesperson.

    22. Re:Does Not Follow... by Spad · · Score: 3, Informative

      Under current law the level of illegality is totally different.

      Sharing copyrighted material for free is a civil offence and could land you a fine.

      Sharing copyrighted material for profit is a criminal offence and could land you in jail.

    23. Re:Does Not Follow... by Schwartzboy · · Score: 2, Interesting

      This reminds me of a conversation I had once.

      I was trapped on a runway at the Newark airport for 3 hours some years ago, during the Great Napster Scare when the RIAA was Going Out of Business Due to Piracy. Guy sitting next to me was a fairly interesting, decent type, so we chatted for a while to kill the time.

      It turns out that he worked in the recording industry (the company he worked for dealt with mostly classical music, so he couldn't get me a meeting with Britney Spears' chest or anything) and after I told him I was a computer geek the conversation eventually turned to Napster. His opinion? Not worried at all, and his explanation for that has stuck with me through all of the news of the recent RIAA nonsense: "Piracy on a large scale, where all these doomsday scenarios the record companies complain about are actually true...that would be a very bad thing, but that isn't what's happening. Piracy on a smaller scale? That's called free marketing."

      Does the level of (internet) piracy taking place today qualify as a small enough scale relative to the overall market that it's actually helping the industry? I don't know the answer to that, and it's probably a grey area that someone a lot more informed than I am would have to spend a lot of time figuring out. It's the fact that the RIAA refuses to even allow for the possibility of positive side effects that makes me doubt much of anything they say or do. Well, that and poking 12-year-old grandmas with sticks or whatever atrocity it is they're pulling this week.

      --
      "Linux doesn't exist. Everyone knows Linux is an unlicensed version of Unix"- Kieren O'Shaughnessy
    24. Re:Does Not Follow... by mp3phish · · Score: 1

      " This actually is the only legitimate reason I can see to distinguish the two types of theft. However..."

      Too bad it is not legally, morally, or even technically considered theft, even with the stretch of the imagination...

      You might want to call it what it is next time: Copyright Infringement.

      By definition, legally and morally, you must deprive the party you "stole" it from of the object. This is not the case in copyright infringement. The only way to steal music is to steal media containing it. Then and only then will you be depriving the origional owner.

      --
      Your ignorance is infinitely greater than you realize.
    25. Re:Does Not Follow... by KyleJacobson · · Score: 0

      I download music quite a bit, if I dont like it I delete it, if I like it, I go buy the CD... Guess I have to stop buying CD's since its horribly illegal and immoral to listen to a preview of it first...

      --
      I have worse karma than M$.
    26. Re:Does Not Follow... by Anonymous Coward · · Score: 0

      Did you get googles permission to link to their site from your profile?

    27. Re:Does Not Follow... by Politburo · · Score: 1

      Your explanation leaves a gap. What about those selling copyrighted material for material cost? There is no profit, but money is changing hands.

    28. Re:Does Not Follow... by quisph · · Score: 1
      If I download 2 or 3 songs (or an album) by an artist, and find their CD for sale at a reasonable price, I'm more likely to buy it than if I hadn't heard any of their music.
      You're comparing apples to oranges. Firstly because you've shifted the focus from providers (pirates and uploaders) to consumers (purchasers and downloaders), which is not what the grandparent was talking about. Secondly, because you brought "morality" into what was previously a discussion of legality. And finally, because you're talking about downloading 2 or 3 songs from an album while ignoring the fact that people regularly download entire albums, along with jpgs of the cover art, for the very purpose of creating equivalent physical media.
    29. Re:Does Not Follow... by Heftklammerdosierer! · · Score: 1

      You've got to feel sorry for Clear Channel, though. They worked so hard to develop a monopoly on (semi-)free previews of music and had so much trouble illegally leveraging it with the help of the RIAA with payola, and then some dirty commie hacker came up with an alternative that's completely free, easy to use, provides better quality, is on demand, and is far more versatile.

    30. Re:Does Not Follow... by The+Raven · · Score: 1

      You are right, my apologies. Several times I mistakenly cross theft with copyright infringement... sloppy thinking on my part.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    31. Re:Does Not Follow... by The+Raven · · Score: 1

      You are right, my apologies. Several times I mistakenly cross theft with copyright infringement... sloppy thinking on my part.

      Despite my sloppy rhetoric, my point stands. Copyright infringement in return for cash, or copyright infringement in return for bandwidth... they are ethically identical.

      --
      "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
    32. Re:Does Not Follow... by Heftklammerdosierer! · · Score: 1
      I was responding to
      They're both illegal... the only real difference is that one has a profit motive, and the other doesn't. But the actual level of illegality, under current law, is about equal. It's illogical to praise one and not the other, don't succumb to the same stupidity that is rife within the **AA.
      which concerns the relative morality of filesharing vs. pirating cds for profit. I also think it's valid to involve the end users, since they're the ones who are buying or not buying legit cds.

      I have no answer to people downloading whole albums instead of buying them, but I'd be interested to see what their numbers are now and how that would change if there was a better/cheaper distribution system and it was harder to find whole albums online. I like to think download-instead-of-buy is more of a fringe problem (or at least, that most people download a few songs instead of pay for 8 they don't like), and that it's limited to the 1) music should be free and 2) can't find a good music store demographics, but again, I know that's probably wishful thinking.

    33. Re:Does Not Follow... by JohnGalt00 · · Score: 1

      It is, in a word, wrong to deify music swapping online, but demonise pirate CD sales. They're both illegal.

      I get your point about hypocracy, but you're conflating morality with legality. Yes, they are both illegal, but a person's motive is important in determining crime. I kill a man. Is it illegal? Depends on whether I'm a soldier in a war, defending my house and family, or holding up a bank.

      The difference between the guy selling pirate CDs is that he intends to make money off the sale, while the person downloading off the internet intends to find new bands to listen to. Many people I know who download music also support the artists by going to concerts and buying CDs. That's a very different motivation from the guy selling pirate CDs, who intends to freeload off other people's work, the very thing copyright was intended to protect.

      Yes they're both illegal, but with different motivations, the meaning and severity of the action changes.

  8. Inundated by chevybowtie · · Score: 5, Funny
    I guess you beat people over the head with the same 50 artists, you can eventually convice them to like it.

    Time for a revolution!

    1. Re:Inundated by The+Good+Reverend · · Score: 1

      No one has ever stopped you from listening to the music you want to hear, especially in the last 10 years. It's all out there, each and every genre, for you to find, listen to, and enjoy.

      I think a lot of people confuse the music business (mainstream radio, CDs, MTV, etc) with music in general (available music, concerts, etc). Sure, there's going to be a lot more emphesis on that which is being sold by the business, but it's not like the rest isn't out there to be found and enjoyed.

    2. Re:Inundated by servognome · · Score: 1

      I guess you beat people over the head with the same 50 artists, you can eventually convice them to like it.
      Unless somebody hits the button for the wrong song during the "live" performance, or worse you let them actually "sing" live in front of 70,000 people; then people won't like it. The Orange Bowl halfime show trainwreck even overshadowed the game.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    3. Re:Inundated by Flower · · Score: 1
      Yeah, so we can get bludgeoned with 50 different artists following a new formula.

      I don't need a revolution which ousts a bunch of artists I don't give a rip about for a new set that I don't want either. Replacing Brittney Spears with Wierd Al isn't going to enrich my musical experience. It'll just change the jokes I use to talk about popular music. I need a mechanism to easily find bands like Collide, Abney Park or Gossamer which are going to be considered junk by many but which I personally think are great. Just like I happen to think October Project, NIN, Dream Theater, Green Day, Godsmack, Poe, Garbage, or Loreena McKinnet are great and iirc all are RIAA artists.

      The music is out there, the problem is finding it and trying to "educate" the unwashed demographics that they should forgo their boy bands, rap artist of the day, or lip-synching pin-up girl for "real" music isn't the answer.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    4. Re:Inundated by Anonymous Coward · · Score: 0

      I guess the problem is time.

      There is too much information nowadays to be able to find what you want without a significant expenditure of time - which means less time for family, work or other hobbies.

      What you suggest could conceivably take hundreds of hours of searching followed by hundreds of hours more to find good music amongst the many different genres.

      A lot of people just give up, and go for the stuff they hear on the radio - the MacDonalds or Starbucks of the audio world. It may not be the best, but it isn't the worst either, and you can always expect similar quality without having to invest too much effort to find the gold amongst the dross :)

    5. Re:Inundated by Anonymous Coward · · Score: 0

      I agree. If you want to piss someone off rattle off some old heart/(guns n roses) song, and watch that person become a slave to the sweet sound of butt rock stuck in their heads.

    6. Re:Inundated by AaronLawrence · · Score: 1, Insightful

      How do you find this music, though?

      If you go to a record store, you can maybe randomly look at things in the (extremely broad) genre you heard of. Each time take it to the counter, ask to listen, wait a minute or so while they find it, load it, listen. This is extremely inefficient, slow, and annoys the staff, and isn't feasible for more than one or two people to do in a store at once.

      On the other hand, if you can simply chat or read on the net about bands, then download tracks from there right then and there, you can efficiently decide whether or not they are interesting to you. A good music store can do this too, but such a good music store doesnt exist yet, itunes included. Most of the bands I discovered through P2P are still not in iTunes, let alone other less complete stores.

      --
      For every expert, there is an equal and opposite expert. - Arthur C. Clarke
  9. Surprising by pnevin · · Score: 5, Funny

    That's not the sort of editorial comment I would have expected from Lindsay Lohan.

    1. Re:Surprising by Anonymous Coward · · Score: 0

      Expecting something more along the lines of "*Hack* *wheeze* *barf* Look at my tits!" were you?

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

      Yeah, really. Lindsay Lohan was a foxy little thing in "The Parent Trap", but now she's just another broad with fake tits. Yawn.

    3. Re:Surprising by emrysk · · Score: 1

      Wasn't she about 9 years old in "The Parent Trap?"

    4. Re:Surprising by Anonymous Coward · · Score: 0

      I think she was about 12.

      But come on, who hasn't given a 12 year old a sly look ;P

    5. Re: Surprising by Anonymous Coward · · Score: 0

      I had a HUGE crush on her back then because of that movie, but then again, she and I are about the same age. ;)

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

      Hey, she looked pretty damn good in Mean Girls.

  10. Wow so they did... by ZSpade · · Score: 1

    I knew the RIAA was evil, but to sign such a blatent deal with his lord of evil?

    The CD format still accounts for 98% of the 666 million albums sold, according to research company Nielsen Soundscan."

    In all seriousness though, internet trading, beit legal or not has done nothing but fuel americas passion for music, which has in turn increased sales of CDs. Not to mention profits turned from lawsuits on the masses.

    --
    Go ahead and call me unreliable; reliable is just a synonym for predictable.
  11. Low Hanging Fruit by Donoho · · Score: 3, Insightful

    Little Susie and Grandma don't know how to cover their tracks and are therefore easy targets to make public examples of. The word gets out even if at the expense of PR.

  12. Pirate CDs same as Kazaa? by t_allardyce · · Score: 1

    So wait, are you still a thief/pirate if you buy a pirate CD?

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Pirate CDs same as Kazaa? by Spectrum_Leap · · Score: 1

      Not if your a Bona Fide Purchaser for Value without Notice. If you know it's pirated, then you're a pirate, but if you don't, you're not. That said, if you are paying $2 for a CD that should cost $20, then that should be enough notice to suggest to you that you're not getting the real deal.

    2. Re:Pirate CDs same as Kazaa? by Anonymous Coward · · Score: 0

      At least when travelling accross the world, being in possession of illegal copies or fakes (be it bags, t-shirts, watches...) is an offense and can lead to pretty high fines when crossing the borders

    3. Re:Pirate CDs same as Kazaa? by kingj02 · · Score: 1

      The laws may have changed by now, but back when "Star Wars: Episope 1" was released in theaters and all the pirated vhs's were being sold on the street, I saw a few reports saying it's only illegal to sell, but not to buy. I guess what you said could've still applied, but if I do buy a copy on the street for $5 the day after the theater release, I can still deny knowing it was pirated.

      --
      Ardente veritate incendite tenebras mundi
  13. 2 things by Dancin_Santa · · Score: 4, Interesting

    1) If you think that the RIAA is sitting on its hands and just letting the largescale music pirates get away with ripping them off while only targetting "Susie and grandma" for litigation, you're quite mistaken. They spend quite a bit of money to seek out and take down these largescale pirates. Unfortunately, some Asian countries are more hospitable to the pirates than others, so policing it is a difficult job.

    2) It seems to me that the year-long push by the RIAA to associate P2P filesharing with stealing is paying off, though only to the tune of 2% or so. If they can convince enough people that piracy is a crime, then it is guaranteed to boost actual sales of CDs at the expense of filesharing.

    People are generally good and are willing to follow the law. The RIAA's push to make people aware of copyright law has finally made some progress, but also consider that music artists have also become generally better lately than they were in say the mid-late 90's. Of course, the increase in sales corresponds more to the anti-piracy push than to the improvement in music quality (Good music can still be pirated as easily as bad music).

    1. Re:2 things by Jewcatur · · Score: 0

      or 3) People stop buying RIAA label music out of protest and frustration, continue file sharing (perhaps more discretly or through methods that the RIAA cannot track such as private networks), and buying indie music in which file sharing is encouraged

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

      Regardless of whether that is true or not, record sales for the mainstream music scene is up. That says that people are buying more mainstream albums than before. I hate to state the obvious, but your post lacked a certain, let's say, logic.

    3. Re:2 things by Jewcatur · · Score: 0

      How does my post lack logic? Just because you don't agree with me?

      Saying that increased music sales MUST be the result of the RIAA initiaive to go after P2P sharers is a logical fallacy.

      Perhaps artists are putting out better music? There is more than one possibility here.

    4. Re:2 things by Anonymous Coward · · Score: 0

      Whether or not the original post's assertions were true, your assertion that sales are up because people are buying indie music from is false on the face of it.

      This ain't some kind of Wonderland where up is down and left is right. Indie music sales has no bearing on mainstream CD sales.

    5. Re:2 things by Jewcatur · · Score: 0

      I did not assert that. You misread. I provided a possibility of what might happen if the RIAA continues to go after filesharers (notice the tense of the words I use).

    6. Re:2 things by Anonymous Coward · · Score: 0

      Ah, I see. You're off-topic for this thread.

    7. Re:2 things by Anonymous Coward · · Score: 4, Insightful

      Thank you for admitting that I'm a good person. Whew, without your endorsement I don't know what I'd have done. Maybe become a crackwhore or something.

      When I download some songs and say to myself, "Hmm, maybe this artist's entire elbum doesn't suck", then go out and buy the ridiculously overpriced CD, I'm not just being a sucker: I'm being a LAW-ABIDING sucker.

      I'll sleep so much better now.

      Fuck you and your Devil's advocacy.

      When consumer-level (read 'us') audio tape became a reality, the **AA trundled out assholes such as Elton John to weep and wring their hands, and claim they'd go broke. Instead they got even richer.

      When consumer-level (read 'us') video tape became a reality, the **AA trundled out more assholes to weep and wring their hands, and claim they'd go broke. Instead they got even richer.

      Now that digital music is the current reality, and future, they do the same shit, while still getting richer.

      They are a pack of irredeemably parasitic scumbags. They cannot be defended or excused. Their time is over, and the sooner the blood-sucking leech whores just curl-up and fucking die, the better.

      As I said earlier, fuck your Devil's advocacy.

    8. Re:2 things by Anonymous Coward · · Score: 0

      Posting a nonsequitor addition to a list does not make you somehow on-topic. If it did, then let me make some additions.

      4) ???
      5) Profit!

    9. Re:2 things by liangzai · · Score: 3, Insightful
      Unfortunately, some Asian countries are more hospitable to the pirates than others, so policing it is a difficult job.


      Most CD stores in China are pirate *only*. In these stores, you can't find a single legal CD. The only stores that sell genuine stuff are the malls, since they need to have a somewhat credible reputation. But even they carry pirated material occasionally.

      I don't see how the **AA is going to police this... in the minds of the Chinese, there is no such thing as immaterial rights. Everything that can be copied will be copied and sold for profit.

      Now, do we want **AA to do policing at all? Do we want America policing more than it already does? No, we don't...

    10. Re:2 things by karmatic · · Score: 1

      "People are generally good and are willing to follow the law."

      Like speed limits, for example? People tend to obey laws they feel are reasonable. That's why, for example, few people deliberatly disobey red lights at intersections. Red lights are inherantly fair, and serve a useful function of safety, rather than just as revenue generation for the state.

      Speed limits, on the other hand, are often arbitrary, and lower than is reasonable as to make generation of ticket revenue easier. More people disregard speed limits than Red Light.

      I suspect that people value what they think is right over what they think is legal. Perhaps it's time for the laws to change.

    11. Re:2 things by RManning · · Score: 1

      Although I don't particularly agree with your fervor on this, I have to agree with the message. The other day I was flipping through the TV dial and found a program about the lives of the children of successful entertainers. Some of these kids (young kids) have Mercedes, houses, and multiple nannies! That's insane.

      It got me to thinking about what on earth their parents do for society that warrants that kind of compensation. I couldn't, in good faith, think of it. I mean, I love music. Life would really suck without it. But, a 13 year-old kid with a Mercedes? That's insane. It's time the entertainment industry comes down to reality. It's time CDs and DVDs become reasonably priced. It's time an actor makes $100,000 a movie instead of $10,000,000.

      I'm not one for pirating music or movies. I haven't really done it in the past. But after thinking about this quite a bit, I'm having a hard time feeling sorry for these people. I'm having a hard time justifying paying what I do for my entertainment.

  14. Obvious solution: by Heftklammerdosierer! · · Score: 5, Funny

    The RIAA should just sell their CDs for $5 through shady looking guys on the street.

    1. Re:Obvious solution: by PabloJones · · Score: 2, Interesting

      Hell, if they sold CDs for $5 from normal looking guys in normal stores, I would buy a ton. I'd probably be more inclined to purchase music I was only sort of interested in, and if I didn't like it, then it would be no big loss. But at the price CDs are currently, I can only afford to buy music that I already know and enjoy.

    2. Re:Obvious solution: by Kizzle · · Score: 1

      Same here. If CDs were $5 a pop I would buy one a week. At the current prices I don't buy any. I stick to emusic.com.

  15. RIAA logic by Anonymous Coward · · Score: 0

    CD sales increased when Piracy hit a record high, therefore Piracy causes CD sales to increase. RIAA logic: Piracy should be nurtured and encouraged to grow.

  16. Define "real pirates." by poptones · · Score: 4, Interesting

    "Little Susy or grandma" might not be the crux of the problem, but "real pirates" are just as likely to be the guy living next door nowdays. They may not be running processing plants like the mob, but I've seen plenty of "village geeks" selling downloaded movies and CDs. At the call center where last I 9-5'd there were several people with fast home connections and DVD burners who regularly sold downloads to other employees on the floor.

    This was not just onesy-twosey stuff. Any given week I'm sure one fellow sold 20 or 30 CDs at five bucks a pop. Multiply this by 1000's of businesses across the country and it's easy to see how it can really add up.

    What amazes me is people really cannot tell the difference (or don't care) between a real CD and a POS CDR burnded from MP3s. I would be indignant about the pirates SELLING this stuff, but given these people are buying something akin to a cassette tape all you can really say is "it's their money to waste."

    1. Re:Define "real pirates." by Anonymous Coward · · Score: 0

      I always thought it was weird, that some people would offer me money for the CD or whatever it was I downloaded from them. I could have been that guy charging money for it. But it's unthinkable. I may be an asshole for violating copyright, depends on who you ask. But the ppl illegally making money off of it are bastards. Though granted good capitalist ideology that I see prevelent here on slashdot, places I've worked, and all over america, It's hardly suprising. It's great to live in a society of such immense abundance and still you can't trust your neighbor or own family not to stab you in the back for a dollar.

    2. Re:Define "real pirates." by Geoffreyerffoeg · · Score: 1

      You know what?

      The MPAA and RIAA should say, "We know we're suffering some from piracy, but it's bad PR to go after teenagers and bad strategy not to go after large pirates. So here's what we'll do: we won't go after anyone only downloading our materials for their own use. If it's already on the servers, oh well.

      "We will, however, go after people who upload the material (willingly or by default [this includes BitTorrent]) or who distribute the material for others, and press criminal charges if they request payment. After all, if fewer people are uploading, then downloading will be harder.

      "We also offer a deal to people who make generic file-sharing software that is often used for legal purposes or infringing works not copyrighted by us: if you give us identifying information of uploaders of our material using your software or your networks, we, our members, and anyone who later owns our copyright will never go after you for software substantially similar to the present version. You may display this notice as boldly as you want; you may also choose to block these uploaders instead, and truthfully respond there are no such uploaders. We're not so stupid as to pay lawyers when out-of-court options are more effective and cheaper."

      people really cannot tell the difference (or don't care) between a real CD and a POS CDR

      Is the difference in music 'quality' noticeable? :-)

    3. Re:Define "real pirates." by raitchison · · Score: 1

      I think in this context we are comparing those who DL music off of P2P sites, or even more specifically, those who distribute music on P2P sites with those who make money off of distributing music illegally.

      There's almost no question that the for-profit kind is costing the record industry more than the teenager sharing a couple hundred MP3s on KaZaA without even thinking about it.

      Yet the RIAA is pursuing the larger number of people causing the smaller amount of "damage".

    4. Re:Define "real pirates." by Anonymous Coward · · Score: 0

      No it's the record company's loss. Each purchase from a pirate was a potential sale. The pirates aren't an anooyance they're thieves stealing and reselling. People are buying them because they are much cheaper. Why are they much cheaper? Because the thief didn't have to pay the artist or cost of producing the material on the disk. The pirates aren't trying to strike a blow for freedom they are trying to make a buck. Why is it evil for the record company and not such a big deal when a geek does it?

    5. Re:Define "real pirates." by Xyrus · · Score: 1

      This brings up a good point, and one that seems to be overlooked alot.

      When you download a song from the internet, unless it's in WAV format or something similar, then it is not an exact copy of the song.

      At the standard 128 Kbits, ALOT of sound information has been removed. This is unrecoverable data loss. Most of the time the songs sound decent compare to a CD but.....

      THIS IS NOT AN EXACT COPY.

      This would be akin to me going to a museum and taking a digital picture of some modern day masterpiece painting. It isn't an exact copy, but I could certainly have the picture printed up to the same size and hung on my wall. With a high enough resolution and the right skill, you could even make the picture look so real that the only way to tell it isn't would be to walk up to it and touch it. I could put this in my house and enjoy it every day without paying the artist a damn thing.

      BUT IT IS NOT AN EXACT COPY.

      This is a very important fact. Mp3's are not exact digital copies of songs. They are good enough approximations to songs. Just like digital images of paintings are good enough approximations to paintings.

      Then the argument "But it's close enough!" crops up. Then what is the definition of "close-enough"? Who decides when something "is to close"? The industry? The courts?

      Is taking a picture of a painting illegal? If so, I, along with millions of people have been breaking copyright laws like no tommorow by merely photographing art exhibits.

      Should it be illegal?

      Should the brain be illegal then? Pen and paper? Where do we draw the line?

      The whole system needs an overhaul, and it needs to be done without the media conglomerates.

      ~X~

      --
      ~X~
    6. Re:Define "real pirates." by rseuhs · · Score: 1
      THIS IS NOT AN EXACT COPY.

      So?

      Is the CD an "exact copy"?

      Nope, it's just an "approximation" of the songs.

      There is nothing magical about the CD, it's just the bits the recording organization has put on it, it is not "the original" any more than an mp3 is.

      Of course, since the mp3 has been probably made from the CD, the CD is "closer" to the original, but the difference is neglectible for a high-quality rip.

    7. Re:Define "real pirates." by Pofy · · Score: 1

      >Then the argument "But it's close enough!" crops
      >up. Then what is the definition of
      >"close-enough"? Who decides when something "is to
      >close"? The industry? The courts?

      The law and ultimately the courts will decide what is close enough and what applies. I think the issue of taking pictures of something is actually covered in many copyright laws, no idea bout US for example, though.

    8. Re:Define "real pirates." by poptones · · Score: 1

      "We will, however, go after people who upload the material (willingly or by default [this includes BitTorrent]) or who distribute the material for others, and press criminal charges if they request payment. After all, if fewer people are uploading, then downloading will be harder.

      Uh, chief.. this is what they already do.

      Perhaps there have been lawsuits against DOWNLOADERS, but I'm not aware of any. P2P applications make "downloaders" into instant "uploaders" as well, which is hwere they get into trouble. I've downloaded perhaps 100GB or more of "copyrighted material" from the internet and I've never been approached with any sort of order. I doubt the ??AAs even know who I am, because I don't "share" their material and the only "peers" I use are usenet servers.

      And yes, some of us can hear a tremendous difference between "original" files and MP3 encoded files. Even at 320kbps I can often tell when music has been "MP3'd." I am fully aware most folks are deaf to these differences - the fact that adoption of the higher quality and truly free OGG has been so slow is fantastic proof of this.

    9. Re:Define "real pirates." by poptones · · Score: 2, Interesting

      Hey AC, I thought it was clear from my comments I don't agfree witht this nonsense either. In factr, much as I hate those hollywood lobbyists, I was offended enough to seriously consider narcing the business to the enforcers.

      I believe in FREEDOM of information exchange. I didn't like Napster because it was commercial, I have never supported the commercial p2p networks, and the day MP3.com abandonded their own artists and tried to co-opt madonna they lost my support as well.

      Commercial piracy is an affront to the ideals I hold about the free flow of information. Any of those people paying five bucks a CD could just as easily have grabbed a $100 laptop and headed for the library, where they could have downloaded the stuff themselves. Obviously, that was more effort than they considered worthwhile for the material - in which case, they should simply do without.

    10. Re:Define "real pirates." by Oddly_Drac · · Score: 1

      "Any given week I'm sure one fellow sold 20 or 30 CDs at five bucks a pop."

      He takes the risk, and will get caught for it eventually, because the greed will overtake common sense. Also there is a different scale of charges to have copywritten material and selling it.

      But, for example, I'm mildly interested in how bad 'Battlefield Earth' actually was, so I download it. Watch, cringing, then delete it. There's no outside perceived difference between me and the other guy.

      I don't have a problem with that per se, society will level, either by producing a model that can take into account the fact you can feel mugged after leaving a bad movie (especially if you're going to have to sign an NDA not to SMS friends on how bad it was) or by sueing the population into a frenzy of rioting, or something in between. Someone somewhere will always consider me a heathen or evil. Hell, my love for pork chops marks me down for the Taliban. The basic point is I don't care about the game of moral twister that an industry that promotes "Sizzla's" brand of homophobia should squeal about freedom of speech in one breath, then thump the book of the law when they think they're losing out. F*** 'em.

      The main problem is that the profits of the companies that are claiming to government that they're hurting are rising pretty steadily. Can you plot a similar line for any other industry on the planet? Again, F*** them.

      I have _every_ sympathy for artists that make 70c off their albums. I would personally be honoured to pay the artists direct and get around the advertising budget, A&R, marketing expense accounts and the like. I like the product because I like the product, not because I watch the Saturday rotation, or radio has drilled it into my head. I'm a music fan...my tastes have been honed by nights at home, lucky finds of rarities on market stalls, and swapping...yes...swapping tapes with friends. The music industry cannot _fathom_ or control this level of viral marketing, and you can be sure as damn that there isn't a lot of money in it, but the secondary effect is that the back catalogues of the greats are selling across generations and ARE still selling despite the fact that the industry has _destroyed_ the retail market through greed.

      So F*** them in their ear.

      "At the call center where last I 9-5'd"

      Pay well, did it? A little supplement to the income has greased human evolution since time immemorial, and black markets have been around for quite a while. And nothing scares people like finding out that _everyone_ has dealt with a black market at sometime or another, and the scale of it. The digital content people have found out, and it's scaring them. The majority don't realise that it's been the status-quo since the year dot.

      In fact, all of this roughly parallels what happened with the printing press when it arrived, but you don't see anyone shouting that down because some people lost cash. In fact, you could argue that without early print piracy, modern literacy wouldn't be at the stage it is now.

      "I would be indignant about the pirates SELLING this stuff"

      I am, which is why I would never charge anyone for a copy I made for them of anything. I'm not entirely morally bankrupt, but given the examples of moral behaviour by governments, rich individuals and people around me, I'm not going to be preached at over a couple of CDs, especially given that this is a minority worried about pr

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
    11. Re:Define "real pirates." by Geoffreyerffoeg · · Score: 1

      Perhaps there have been lawsuits against DOWNLOADERS, but I'm not aware of any. P2P applications make "downloaders" into instant "uploaders" as well, which is hwere they get into trouble.

      That's what I'm suggesting -- that P2P applications are offered leave-alone-ness (I don't like to use the word indemnity since the RIAA isn't a judicial organization) if they tell who is uploading. The only commercialy feasible way to do this is not to make everyone an automatic uploader, or to have a big red warning "we log all uploaders of files copyrighted by the RIAA and will give this to them if we get subpoenaed - do you still want to leave the default on?"

      Just take this one step further. Encourage the software to limit uploaders of RIAA materials. It's a lot cheaper than lawsuits.

  17. Little theif, big theif-Pick the Other Guy. by Anonymous Coward · · Score: 0

    "Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma.""

    I tried similiar reasoning, trying to get out of a speeding ticket. I don't think the cop was amused.

  18. what do you expect? by Anonymous Coward · · Score: 2, Interesting

    With all the lawsuits and crappy content flying around, the only way I can stock my MP3 collection is to buy CDs and then resell them on eBay! That's two sales right there! Or sometimes I just take 'em right back and tell the dweeb with the KoRn T-shirt that they won't play in my Dell. I bet they resell the same CDs 3-4 times! Burn 'n' Return baby!

  19. grandma by MoFoQ · · Score: 1

    grandma...."grandma got run over by a RIAAndeer...." comes to mind.

    The added benefit of suing the lil' guys is that they don't have enough money to fight back....but have just enough money to make a settlement worthwhile....especially when they don't have too many middlemen to pony up to.

    Either way, they can't say that downloading is really hurting them any more....they are still selling more and more and the fact that they aren't focusing their attention to real pirates...and yet manage a gain in sales....that tells alot.

  20. That's not good growth compared to economy, DVD's by texasfight · · Score: 5, Interesting

    Those numbers don't look so good if you compare the growth in CD sales to the sales of video (VHS/DVD's) software, or to the economy as a whole:

    Video: Consumer Electronics Association: DVD Software Sales Benefit: Although movie-ticket sales fell one percent to $9.2 billion in 2003, consumer spending on the purchase or rental of video software (VHS tape and DVD) rose 18.2 percent to $22.5 billion, according to DEG. DVD accounted for 72 percent of total home video spending.

    Overall Economy: CNN The economy has expanded at rates exceeding 3 percent for the past six quarters and seems poised to keep growing. The White House last Friday estimated GDP will expand 3-1/2 percent in 2005.

  21. Better music? by dogmatixpsych · · Score: 2, Interesting

    There probably was just better music last year than in previous years. Ok, so maybe only 2.4% better but improvement nonetheless. /didn't buy any CDs last year. Long live iTMS!

  22. Lindsay by Anonymous Coward · · Score: 0

    Lindsay Lohan writes

    Wow, I told my local Linux User Group that I am pretty sure Lindsay Lohan reads Slashdot and is an active participant. But on the other hand, there's a definite over-supply of hot-looking busty females in open source community already.

  23. They really should just go after this by ShatteredDream · · Score: 4, Interesting

    The RIAA's members can always lean heavily on their customers' consciences to go legit when they download a 128k mp3 from Kazaa, but if they buy a perfect replica of the album they have no reason to suspect that they will buy a legit copy. Almost every pirated copy that is sold is a sale that has to be totally written off. Few customers would probably even know the difference. With file sharing, there is always the hope that the user will go legit.

  24. Can't win... by Cheap+Imitation · · Score: 5, Insightful
    I don't think the consumer can win.

    If sales slump, **AA will blame it on piracy, and use it as justification to enact even more legislation to protect their profits.

    And if sales rise, they'll use it as justification that their methods are starting to work against piracy, and consequently we need to make them even stronger.

    1. Re:Can't win... by BCW2 · · Score: 1

      That is one of the most cynical comments I've seen in a long time. Unfortunatly I'd bet it's true. Which meeans that this sad system needs fixing, desperately. Gee I think thats an ongoing theme here. Maybe the geeks are right. Now how do you get the Congresscritters to pay attention?

      --
      Professional Politicians are not the solution, they ARE the problem.
    2. Re:Can't win... by Anonymous Coward · · Score: 0

      That's what's called a catch-22. I hate catch-22s.

    3. Re:Can't win... by Cyno · · Score: 1

      I don't think the consumer can win.

      Sure we can.

      Don't like it? Don't buy it.

      Boycott!

    4. Re:Can't win... by Anonymous Coward · · Score: 0

      Or they'll just do as they did last year, and keep claiming that they're losing a lot of money. After all, only slashdotters noticed that CD sales were actually up.

    5. Re:Can't win... by tepples · · Score: 1

      If a minority group boycotts the RIAA, then the labels will probably argue that the reduction in sales was due to piracy.

    6. Re:Can't win... by Anonymous Coward · · Score: 0

      Who really cares anymore what the labels argue? Stop buying CDs as a matter of principal. Not temporarily (as in a boycott), but permanently. The RIAA has delivered a personal insult; the kind that 200 years ago was settled with a duel to the death. Now that duels are illegal the best thing to do is to have absolutely nothing to do with the RIAA ever again.

    7. Re:Can't win... by tepples · · Score: 1

      Guest wrote:
      Who really cares anymore what the labels argue?

      Problem is that even if I never buy another RIAA label's product again, I still have to live under the laws that the RIAA campaign-contributes Congress into passing. These laws can have a substantial adverse effect on independent bands, starting with the tax on blank media (which I've read is much higher outside the United States, giving the RIAA ample room for "harmonization") and the SCMS that killed DAT.

    8. Re:Can't win... by boarder8925 · · Score: 1
      I don't think the consumer can win.
      Sure we can.

      Don't like it? Don't buy it.

      Boycott!
      Quoth the parent:
      If sales slump, **AA will blame it on piracy, and use it as justification to enact even more legislation to protect their profits.
      RTFP.
    9. Re:Can't win... by Cyno · · Score: 1

      Look, the RIAA exists only because they have money. If they stop getting money they will shrink until eventually they cease to exist. Then their laws can be repealed, etc.

      But only if we stop giving them money.

      Is that really all that hard to understand?

      Its quite simple, buy indie! Just do a little homework before you give any media company your money. Go to their homepage and look for affiliates. Anything you see in Wal-Mart probably is affiliated with the RIAA. Think, before you shop.

      Or don't, its your rights. I don't pay attention to these laws anyway.

  25. Re:The figures show just how insignificant piracy by mOoZik · · Score: 4, Insightful

    How much higher would the increase have been had piracy not been a problem? No one can say for sure. But you can't state that file sharing has not had a negative effect as a result of a positive increas in sales.

  26. A little bit off topic... by Paladin144 · · Score: 5, Funny
    But I can't believe Lindsay Lohan subimitted this article. That is so COOOOOL! I can't believe that she reads /.

    Hi Lindsay!! I luv u!!!

    I went to your site and "rocked out" to the intro, and then i saw nothing but PINK! My eyes actually screamed in pain. I heard them. I shit you not.

    Please Lindsay. Redesign your site... for me?

    .

    And show me your knockers. :-)

    1. Re:A little bit off topic... by Anonymous Coward · · Score: 2, Funny

      BTW, who the fuck is Lindsay Lohan?

    2. Re:A little bit off topic... by Ilgaz · · Score: 1

      Is that real even? Lindsay Rohan like girls read slashdot and even submit stories?

      This is it! I am subscribing! :)

    3. Re:A little bit off topic... by Spunk · · Score: 1
      You seem to be confused:

      Lindsay.

      Rohan.

      /me signs up to join the Riders of Rohan. Or Lohan. :)
    4. Re:A little bit off topic... by Ilgaz · · Score: 1

      But they link to that Lindsay's site at story...

      Must be joke than.. I fallen

    5. Re:A little bit off topic... by sootman · · Score: 2, Funny

      After looking at IMDB to see who she is, I now need to submit a fix to them.
      http://www.imdb.com/name/nm0517820/
      Eviden tly she was born in 1986 (!!!!!) but was somehow in "Another World" (TV Series) in 1964.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    6. Re:A little bit off topic... by Anonymous Coward · · Score: 0

      That means that the series started in 1964. As it says on IMDB, she was on the show in 1996-1997.

      I can't believe I looked this up and am reporting on it.

      I'll shoot myself now.

    7. Re:A little bit off topic... by sootman · · Score: 1

      So many words on that page... what, I'm supposed to read *all* of 'em? :-)

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  27. Sales increase, but p2p hurts sales? by Bimo_Dude · · Score: 4, Insightful
    This, titled "Music piracy 'does hit CD sales'" seems to contradict the parent (US CD Sales Increase...), yet they are both on BBC. From the piracy article:

    The report, for the country's National Bureau of Economic Research, studied the habits of 412 students.

    Hmmmm.... they studied the habits of students. Aren't students usually short on money but have broadband on campus? This is hardly a realistic "sampling" of the population, so therefore cannot be taken seriously.

    So which is it?

    --
    "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
    1. Re:Sales increase, but p2p hurts sales? by Tim+C · · Score: 1

      That's true (I for one left university with fairly large debts), but don't forget that today's students are tomorrow's professionals. When you get used to getting something for free, you're not necessarily going to want that to change just because you now have more money - there's *always* something else you can spend it on.

      I agree that that is far from a representative sample of the population, but it *may* tell us something about what to expect in the future.

    2. Re:Sales increase, but p2p hurts sales? by curious.corn · · Score: 1

      but after years of ripped off mp3 burnz spinned on that cheesy amp (probably stolen... heh!) you don't want to waste your precious time hunting down the last missing song (and gawd, why don't people learn to rip properly...) or risk blowing your shiny B&W speaker on bad rips (... agh! what was that static? oh sH*t the tweeter died!)

      I guessed so...

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    3. Re:Sales increase, but p2p hurts sales? by quisph · · Score: 1
      Is it really so hard to grasp the idea that there are multiple variables at work here? Think about it this way: If you leave all the lights on in your house, this will tend to increase your energy bill. But if there's a change in the weather, and you suddenly don't have to heat/cool your house any more, your energy bill might nevertheless go down. The point is, it won't go down by as much as it would have if you had left the lights off, too.

      It really shouldn't be so hard to understand. CD sales might go up or down for numerous reasons, but p2p piracy on the whole tends to make sales go up less, or down more, than they otherwise would have done.

  28. demand for pirated materials / scare tactics by dj42 · · Score: 4, Interesting

    Part of the goal of the RIAA and MPAA is, naturally, to instill fear in those who might KNOWINGLY accept, purchase, download, etc. pirated materials. This creates stigma towards those that do (sort of like anti-smoking ads in the past couple decades).

    This affects the demand for pirated materials which in turns lowers the economic viability for pirates.

    The real issue for the RIAA / MPAA is getting all the "not sure if it's really wrong, I do it sometimes, I still buy occasional CDs and DVDs but like to try them" crowd over to the "It's wrong." view. Until they can do that, no amount of efforts will slow piracy down because so many people are doing it, and OK with doing it, that there is a serious strength in numbers.

    The crux of the matter is, and will always be, people give their money to companies for often irrational reasons. If more people contributed to artists and things they liked and enjoyed directly, we wouldn't need oppressive middle-men grasping at straws to retain their distribution powers.

    --
    We are one consciousness experiencing itself subjectively. Back to you with the weather, Bob!
  29. Re:That's not good growth compared to economy, DVD by Anonymous Coward · · Score: 0

    People don't have an unlimited amount of money to spend.

    If spending goes up on DVDs, then that pot of money is reduced for CDs, Cinema, Etc.

  30. Re:The figures show just how insignificant piracy by rizawbone · · Score: 1
    And they prove that any drop in CD sales was purely because of the economic slump, when non-essential things like CDs and DVDs are the first things to leave the on-the-spot purchase habits of people.

    How does this prove that? It may suggest such a thing, but suggestion and proof are miles apart.

  31. Re:The figures show just how insignificant piracy by hattig · · Score: 2, Interesting

    I think that file sharing leads to greater purchases of music amongst people who have some money. I know that I download music, but if I see stuff I like in a shop, especially if it is on offer, I'll be much more tempted to buy it if I know it is good, because I want the actual product.

    It probably also means that tat won't get bought, and maybe greater sales of music are down to there being better music advertised to the consumer. Instead of pop tat, there is a lot more variety of music advertised these days.

  32. Article lists CD's bought. by Anonymous Coward · · Score: 0

    1. Usher - Confessions
    2. Norah Jones - Feels Like Home
    3. Eminem - Encore
    4. Kenny Chesney - When the Sun Goes Down
    5. Gretchen Wilson - Here for the Party


    Just wondering if lower income innercity kids are the ones buying the cds. Maybe they dont have access to mp3 players and download services.

    1. Re:Article lists CD's bought. by Anonymous Coward · · Score: 0

      Inner city?
      Buying stuff?

      That's funny....

  33. Lindsay? by ewanrg · · Score: 1
    Honey, rather than visiting Slashdot don't you think you should be working on your OWN CD sales?


    Or is this the new career? Would explain why we never see you anywhere without the Sidekick I guess...


    ---


    You think this is something? Click here ;-)

  34. Can't win...To Thy own ends, aspire. by Anonymous Coward · · Score: 0

    "If sales slump, **AA will blame it on piracy, and use it as justification to enact even more legislation to protect their profits."

    And pirates will use it as proof that their "Robin Hood" campaigns are working.

    "And if sales rise, they'll use it as justification that their methods are starting to work against piracy, and consequently we need to make them even stronger."

    And illegal P2P'ers will use that as justification for why they should continue.

    See, you're riding on a false premise. That no one is using the situation for their own benefit.

    The only innocents are the one's caught in the middle, and want nothing to do with the battle.

  35. Yeah, but when it comes to a war of wits against.. by exp(pi*sqrt(163)) · · Score: 1

    ...pirates the RIAA actually have a chance of catching Grandma.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  36. A thief? Hardly. by gspr · · Score: 0, Redundant

    Person A owns a sandwich. Person B does not. The sandwich has a "usefulness value" of 1.

    The following is a description of a theft, an action conducted by a thief:
    B takes A's sandwich and eats it.
    Net change for A: -1.
    Net change for B: +1.
    B is a thief.

    The following is NOT a description of a theft, and the person doing it is NOT a thief:
    Someone has a matter duplicator, which can perfectly duplicate any object with very little (as in neglectable) effort and energy. B uses this matter duplicator to copy A's sandwich. Now they both have a sandwich.
    Net change for A: 0.
    Net change for B: 1.
    Whoah! Our overall usefulness rating is up! And this is what RIAA/MPAA/pro intellectual property people calls piracy/theft? This is hardly anything like the first act - and surely far from the act of capturing someone's ship and cargo.


    For real life objects, we don't have "duplicators" - for digital data we do!

    1. Re:A thief? Hardly. by lukewarmfusion · · Score: 3, Informative

      Did you pay for it? No.
      Do you now have it? Yes.
      Did you take it without permission? Yes.

      Sounds like a textbook case to me.

      You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings. They can only afford to create that product (that you pirated) because of the potential to recover their investment.

      It's one thing to not understand this. It's another thing to take issue with the word "theft" simply because you're not physically depriving anyone of anything. It's yet another to understand all of this and still believe that you're not doing anything wrong.

    2. Re:A thief? Hardly. by gspr · · Score: 1

      So where is the line drawn when it comes to choosing between someone's earnings and the greater good?
      At aristry (for example music)?
      At mathematical knowledge (for example computer programs)?
      Maybe at a cure for cancer?

      And even more importantly; who draws that line?
      I am not saying the answer is set in stone, and I am not saying artistic works should be out of the author's control - I am trying to distinguis thieves from something else.

    3. Re:A thief? Hardly. by BlueCup · · Score: 1, Insightful

      but it still boils down to your decision to deprive someone of potential earnings.

      I download music... quite frequently, for a variety of reasons... say I download a madonna song... It's worth the 3 seconds it will take me to click on the link, that I saw browsing for another song, to get it and listen to it once, but its not worth 99 cents on itunes... if I had to pay 99 cents, there is no way I would get it... so I am not a potential sale, because I know there's no way I'd buy that song... on a sidenote, I've spent more on CD's this year, than any year prior, and I made less than the year prior (by a good margin) though, to the RIAA's credit... most of my music is no longer owned by one of their labels... so they are, in effect losing money because I can now find a wider range of things, and have found better stuff that they don't produce...

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    4. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      so I am not a potential sale, because I know there's no way I'd buy that song

      Whatever--if it's not worth it to you to buy it then do without it. It's not worth it for me to pay $50,000 for a Lexus, but I don't go drive my neighbor's without permission.

      Why don't you stop making up what's right and wrong based upon what you want/don't want to do? Then maybe you would have some credibility?

    5. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      If you're living in Canada, you might have permission to get a copy of any music CD, under certain circumstances. So if you got permission (from the law), then you're fine.

      Does that deprive the artist and others of money? Yes. But we pay for that right so it evens out. Theorically.

    6. Re:A thief? Hardly. by RedWizzard · · Score: 4, Insightful
      your decision to deprive someone of potential earnings
      That's a meaningless statement. If I went out and killed 10 people I'd be depriving hundreds or thousands of businesses "potential earnings" of the money those victims would never get to spend. But that is not the crime I would've committed. Potential earnings are irrelevant. Depriving actual earnings is what matters.
      It's yet another to understand all of this and still believe that you're not doing anything wrong.
      Now some non-zero percentage of people who justify copyright infringement by saying "I wouldn't have bought it anyway" are not being honest. There are actual earnings being deprived in that case. But it is also true that some of those people are being honest, and they have not cost the copyright holder any earnings, potential or actual. In that case I can't see much harm in the crime. It's still a crime, but then so is speeding, so is parking illegally. I think it's important to keep some perspective of just what harm is being done, but it's difficult when the media industries insist of obviously flawed approaches such as equating every illegal copy to a lost sale.
    7. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      You miss the point entirely!

      You might as well use the good old theory :

      Birds have feathers,
      Animals that have feathers can fly,
      Therefore an emu can fly.

      Doesn't quite work does it!?!?!?

      In the end revenue is lost[STOLEN] through the digital "duplication".

      my $0.05.

    8. Re:A thief? Hardly. by Evil_Timmy · · Score: 1

      The following is a description of intellectual property theft A spends two years and a tidy sum getting an AA degree in culinary arts. He spends years working as a short-order cook, then works his way up until his restaurant is popular and people who come in actually know his name, and a new sandwich is his unique and top-selling item. One night, B breaks in to the restaurant and steals the recipe, and sets up shop in a seedier part of town, and sells the sandwiches for a pittance, flaunting it all the while.

      You, my good sir, are a moron. While there's no shortage of semi-talented pop-princess corporate-manufactured bands, there's probably a hell of a lot more who are smaller, and struggling, and who are cutting it close if they expect to live off their work. And you're going to say that all their work is honestly and truly worth NOTHING to you, since that's what you're willing to pay for it? The reason that you want to download it at all is that the people responsible for producing it have talent, creativity, and the wherewithal to actually get something done. Copyright and intellecual property laws, while subject to abuses like anything else, are primarily in place to protect the rights of the creative and ingenious people that our country relies on.

    9. Re:A thief? Hardly. by Xebikr · · Score: 4, Insightful

      Did you pay for it? No.
      Do you now have it? Yes.
      Did you take it without permission? Yes.

      So anything you get for free is stealing. I can think of a lot of examples where this is not the case. Say I recorded a show off CBS. I would still answer the same to all three of your questions.

      Hate you break you out of your little black and white world there, but when you talk about copyright it is just as infringing to forward an email without permission as it is to download a song, singing "Happy Birthday" in public is legally actionable and girl scouts pay a fee every year to sing campfire songs together. In the real copyright world it is just as infringing for me to make duplicates of my parents wedding pictures or to copy a photo out of my high school year book. In the real copyright world my four year olds scribbles are instantly copyrighted and her preschool teacher better have permission before she duplicates them. I bet you personally have infringed copyright hundreds of times in 2004, but because you disapprove of the way I do it, I'm a theif and a pirate.

      Tell you what. If they come up with a copyright system that makes any sense, then I'll respect it.

    10. Re:A thief? Hardly. by Flower · · Score: 1
      The current system to provide incentives for artists to create works is copyright. If you think copyright is being abused because the term is too long then fine. Go back to the original term, give the benefit of the doubt consider they renewed it and P2P Huey Lewis and the News and Disco Duck. Put you name behind it. Actually commit civil disobedience. But leave U2's Verigo alone. You never had any rights to it no matter how you twist history.

      Don't like the price of music currently? Then just don't buy it. Or if you absolutely must buy it then buy it used. Feel guilty that the artist didn't get your cash? Buy a t-shirt. Write them fan mail. Whatever.

      But this "I'm going to put this CD up on a P2P network for personal reason X" or "I wouldn't buy it anyway so I'll just take it" is wrong. Morally, ethically, and legally. Heck, people aren't entitled to health care so why are you (rhetorical not personal) entitled to entertainment? The public good isn't served if the artist isn't getting adequate compensation. Legally is what being done actual theft? Of course not. But rhetorically it fits. Somebody has made something and offered it up for sale. You've (again rhetorical) taken it without paying the artist. The leap to "that is theft" isn't that surprising or hard to understand. It is easily digestible by society in general which really doesn't want to invest the time to work out the knot "but the work isn't physical and it is easily distibuted." In many cases I'd assert that point is irrelevent since the work has intrinsic value beyond whether it is on a plastic disc or merely exists as some electrical pulses over a wire.

      Again, all references to you are rhetorical. They are not meant to connotate that the parent asserted those points as personal beliefs or facts.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    11. Re:A thief? Hardly. by NanoGator · · Score: 1

      You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings."

      This statement, right here, is exactly where the gray area is residing. Whether or not potential earnings were lost. There are some out there who are doing exactly that. Downloading music in lieu of buying it. There are some who are downloading music because they already have the CD and want an MP3 version of it. There are some out there that are simply trying to find new music to get into, those tend to turn into serious customers. And, simply, there are some who acquire it just to have it. (I actually met somebody like that. Had like a 10 gig collection and never really listened to it.) This is why there is so much flack over use of the term 'theft'. This is, by no means, a black and white situation.

      What really irks me is this scenario: What if an album is really hyped up. What if I download a song from that album and go "bleech". The song is deleted and I never go buy the album. Did I steal from the righteous RIAA, or did I save myself some money that the RIAA would have shafted me for if I had done it their way? I can't return the album if I don't like it so gee, where's that leave us?

      It's not black and white.

      --
      "Derp de derp."
    12. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      You JUST don't get it. You quoted "Did you take it without permission? Yes." but didn't seem to read it. You took the artist's music, their property without their permission. That's copyright infringement, and it's not akin to "anything you get for free".

    13. Re:A thief? Hardly. by tshak · · Score: 1

      say I download a madonna song... It's worth the 3 seconds it will take me to click on the link, that I saw browsing for another song, to get it and listen to it once, but its not worth 99 cents on itunes... if I had to pay 99 cents, there is no way I would get it...

      But on iTunes they have extremely high quality previews at a reasonable length that allow you to determine whether or not you'd want to spend 99cents. You're piracy is still wrong.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    14. Re:A thief? Hardly. by emh0 · · Score: 3, Insightful

      Do they still have it? Yes.

      Sorry to "take issue with the word 'theft'", but it is significant, both in a legal and moral sense. Legally, theft is defined as taking something with the intent to permanently deprive the owner of it, therefore downloading music is not theft. It is copyright infringement, which is a very different legal concept.

      Whether or not downloading music actually deprives the record companies of potential earnings is also far less clear than they would have us believe. It is only depriving them of earnings if the downloader would otherwise have bought the CD.

      From personal experience, I think the vast majority of illegal downloading is in circumstances where the downloader would not have bought the CD anyway, either because they consider it too expensive, or because they were downloading it simply to try it out, on the chance it might be good. In some cases, they like it go on to buy the CD (I have certainly done this several times).

    15. Re:A thief? Hardly. by hazah · · Score: 1

      dude, if you zoom into the gray area very close, you'll see that all aras are indeed black and white. They're so small and are so closely packed together that the overall effect that you get is one bigger gray area. As usual, it's not really complecated, people just fuss over their own egos.

    16. Re:A thief? Hardly. by MacDork · · Score: 4, Insightful
      Did you pay for it? No.
      Do you now have it? Yes.
      Did you take it without permission? Yes.

      Did you see the sign? Yes.
      Did you understand the sign? Yes.
      Did you drink from the "Whites Only" water fountain? Yes.

      It's yet another to understand all of this and still believe that you're not doing anything wrong.

      Yeah, that's called civil disobedience. Happy Birthday to You should be public domain by now. Sharing copyrighted files without making a profit only became illegal seven years ago when the No Electronic Theft Act was signed into law. By comparison, prohibition lasted 14 years.

      Don your Elliot Ness attire. Keep busting those average Joes. Personally, I hope your kind stays the course. I hope RIAA legal activity mushrooms. Once you piss off enough regular people, this becomes a campaign issue and the majority is clearly not on your side. Go RIAA GO! :-)

    17. Re:A thief? Hardly. by Anonymous Coward · · Score: 2, Insightful

      Wow - it's a pity you weren't around when they decided to build those damn profit-stealing things called libraries.

      You would've shown them, right?

    18. Re:A thief? Hardly. by Stryker2 · · Score: 2, Interesting

      A person/entity has the right to the earnings from its labor; they do not belong to society to meet some vague notion of a "greater good". Society might be enrichened if Jimmy Buffet performed concerts with no admission charge, but the decision to do that is his. It might benefit the "greater good" if Oracle gave away their database, but it is their choice to do so. Frank Lloyd Wright built homes that many consider to be great works of art, but he definately did not do so for free.

      The creator of the work, or the entity that funded its creation and gained control over it, has the right to decide how others may use it. The controller may decide that all are free to appreciate it for no charge, or may set a price which individuals are free to choose to pay or not use the item. But society at large is not free to declare that it wants access to a given item for free and therefore take control (or possession) of the item from its owner or creator (emminent domain notwithstanding).

      If you choose to create paintings and give them away, write GPL code, or provide free medical assistance to others, more power to you; I think it's great. But don't try to insist that all others also do so, or insist that one answer fits all circumstances.

      --
      Bother, said Pooh, as he called in an air strike.
    19. Re:A thief? Hardly. by Valar · · Score: 1

      On the other hand, what about people who _would_ pay 99 cents were the copyright infringement option not availible? They certainly represent lost sales due to piracy. Of course, even if you wouldn't pay for the product ever, that doesn't mean that it is right or lawful to get it for free. That is a seperate issue completely. Just because a certain movie doesn't appeal to me, does that make it fair to sneak into a theater and watch it. Does it make it fair to tape it while I'm there anyway and give copies to my friends?

    20. Re:A thief? Hardly. by disntrstd · · Score: 0

      And whose to say you are depriving them of their earnings? What about the free publicity they get from people that would not have purchased it in the first place? 95% of the stuff I download I would never purchase, cause

      a.) It's terrible
      b.) I don't have money
      c.) I am lazy and would rather not work to go the movies or play the latest and greatest Doom clone.

      You can say potential all you want. But there is no clear indicator whether someone is being deprived or benifiting from piracy.

      As the saying goes, "any publicity is good publicity." Even if people pirate, they are still creating demand for the goods. Once people that don't normally play games or see movies get hooked for free, and suddenly the RIAA or the MPAA comes and pulls the plug, they instantly have a new group of consumers.

      Don't you see, it's all part of a clevar marketing strategy. Eliminating piracy isn't the key, getting people hooked by letting them pirate, then litigating the hell out of a few to put fear on the many is the smart thing to do. My guess is that is precisely what they are doing. Controlling the supply and demand of the pirates.

      This cycle seems to happen every few months. Anyways, this is just a wild conspiracy theory but I think there is some truth to it.

    21. Re:A thief? Hardly. by BlueCup · · Score: 1

      I'm just curious, what is your code of ethics based upon? I don't see there being an absolute right, and an absolute wrong... for me, it's more or less the golden rule... I'm alright with others taking my creations (as long as they don't hinder my abilities to use it) and encourage it. If you go and take your neighbors lexus, he can't use it, but if you were to make an exact replica, without taking anything from anyone, I'd be perfectly happy with it... however, if you were willing to pay 50,000 for a Lexus, and you didn't because you could make a copy, then you would be depriving someone of something they would otherwise have...

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    22. Re:A thief? Hardly. by BlueCup · · Score: 1

      On the other hand, what about people who _would_ pay 99 cents were the copyright infringement option not availible? They certainly represent lost sales due to piracy.

      They do indeed, I wouldn't/couldn't argue that. As far as the theater example... what's wrong with you sneaking in and seeing it? (assuming the theater didn't sell out, and you didnt' cause a mess) you wouldn't be depriving anyone of anything, and giving yourself something that will kill a couple of hours, when you would've just been typing on slashdot =)

      I see the point, but, I'm of the belief that the freer things are, the better... if I make something, I feel anyone else can use it to be entertained by it, learn from it, whatever, as long as my ability to use it isn't hindered... but, I also don't see the issue as a black or white issue... whereas others are willing to label things absolutely right or absolutely wrong... and I don't have anything to base those absolute values off of.

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    23. Re:A thief? Hardly. by djlowe · · Score: 2, Interesting

      This drivel gets modded up as insightful?

      So, basically, what you're saying is this: You think that you have the right to determine whether or not you should pay for someone else's IP, AFTER you've already garnered the benefit of it? Or, are you saying that you think that you have the right to benefit from it for free, because you think that it is crap?

      Ah, I get it - either stance is in strict accordance with the beliefs of the pro-piracy (Whoops, I'm sorry: Pro-copyright infringement - I need to learn to be more politically correct around here) faction here on Slashdot, and one of them got mod points.

      "...on a sidenote, I've spent more on CD's this year, than any year prior, and I made less than the year prior (by a good margin)"
      So? What's your point? You spent more money on non-essentials this year than last, even though you made less money? Are we supposed to congratulate you? Feel sorry for you? What?

      Finally, I note with no small amount of cynicism that the URL you link to is "Copyright Matthew Minix 2004". If you are the copyright holder, then that's more than a little hypocritical, don't you think?

      I swear, it's posts such as yours that force me to believe in God - there's no way they could happen by chance. It HAS to be a test for the rest of us, there's just no other explanation.

      And I think, with some re-wording, that I just made up my new sig... so I suppose I should thank you for the inspiration.

    24. Re:A thief? Hardly. by BlueCup · · Score: 1

      "Copyright Matthew Minix 2004". If you are the copyright holder, then that's more than a little hypocritical, don't you think?

      Yes. My only excuse is habit, from when I took web design in class...

      So? What's your point? You spent more money on non-essentials this year than last, even though you made less money?

      My point is that this "infringement" is helping the people getting infringed on. Sure, I didn't buy every song I downloaded, but I did buy everyone I kept.

      s: You think that you have the right to determine whether or not you should pay for someone else's IP, AFTER you've already garnered the benefit of it? Or, are you saying that you think that you have the right to benefit from it for free, because you think that it is crap?

      I've got a question, do you always watch the commercials on tv? Always let banner ads load? never change radio stations when one changes to a commercial? These are all things that the different forms of media count on to get their money... they figure that some people will switch off, but because of this, they lose money... Though, I'll admit, there aren't a lot of people yelling "Watch commercials or die!" though there are some, but, you can't please everyone, all the time... I've just chosen to displease a slightly larger portion of the population than you, which I can live with.

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    25. Re:A thief? Hardly. by ScruffyScrode · · Score: 1

      Once I speak a word, and intend for it to be heard, I cannot charge a fee for those who hear it. It is NOT property.

    26. Re:A thief? Hardly. by Valar · · Score: 1

      I dunno, maybe because you are trespassing on private property? Certainly you have particular terms to decide who can and can't enter your home. They have terms to decide who can and can't enter their theaters.

      Simply because you would put form those terms for the use of your creations doesn't mean everyone would or should. A creative work always begins life as a piece of private property, and it is up to the owner of that property to set the terms by which the rest of us can use it.

    27. Re:A thief? Hardly. by Spy+der+Mann · · Score: 1

      Now some non-zero percentage of people who justify copyright infringement by saying "I wouldn't have bought it anyway" are not being honest. There are actual earnings being deprived in that case.

      Yeah, earnings obtained with overhyped reviews and public misinformation.

      "WTF? Is this it? No way, I'm asking for a refund!"
      "Sorry, you opened the package. No refunds."

      THAT kind of earnings.

    28. Re:A thief? Hardly. by TheLetterPsy · · Score: 1

      You know, it's probably too late for mods to see this anyways, but hopefully you receive notifications of slashdot replies in your email, so at least someone will hear me. I've been dying to say this for a while now:

      My downloading days peaked just a little under two years ago. Most of what I downloaded was two to three songs by bands that:

      a) i saw open at a show that had a headline band i was seeing
      b) are on the same (independent) label as a band i like
      c) was recommended from a friend who enjoys the same type of music as me

      If I enjoyed the 2 or 3 songs, I went out to the local indie record store and bought a CD or two of theirs. Usually those CDs were between $8 and $11. Not the $20 crud you pay for at FYE. I probably bought 2 CDs on average per week. Then, as my school started to frown more upon filesharing (read: music swapping), I phased it out. I have since not downloaded much at all, because I couldn't sample bands. I have also ceased all purchases of CDs, because I don't have any clue what I'm buying. Would you buy a car without a test-drive?

      So ends the story of how the recording industry lost my vote (read: checkbook). It's a sad one, too, because it was mostly indie labels that got my money.

    29. Re:A thief? Hardly. by fireman+sam · · Score: 1

      Those previews are great. I just download them and loop them until they go for about 3 to 5 minutes. You can't tell the difference with a lot of these songs. With some of them, I just rename the file and it is like I got a new song. It is GREAT.

      --
      it is only after a long journey that you know the strength of the horse.
    30. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      I understand what you are trying to say. I've heard all these arguments about how it decreases revenue for artists, and how it reduces funds which might be used to promote less popular artists. I've seen this same argument used to paint public libraries as illegal.

      Calling this act theft, or piracy for that matter, is a gross injustice. It may well be illegal according to the twisted IP laws in the US, but that does not make it immoral. That's why the RIAA and MPAA are having such problems with their campaigns, the average person is not of the opinion that IP needs to be hoarded in this fashion. Neither am I.

      Unless you've deprived the original owner of their original recording, you haven't stolen anything. Some of you might remember something called sharing from your Kindergarten days. The anti-sharing culture the IP industries are trying to breed is the only reason why one might consider these acts immoral.

    31. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings.


      If I opened up a Super WalMart down the street from a local grocery store, my decision would most definitely deprive the owners of the local store of potential earnings. But that wouldn't make the opening of the Super WalMart "thievery".

      U.S. copyrights are not granted on the basis that authors have any sort of natural property rights in works. (See US Supreme Court Betamax ruling; see also Thomas Jefferson's letter about why ideas cannot be, in nature, be the subject of property.) They are optional carrots that Congress can offer as a means to a public end: expansion of the fully-copyable public domain.

      The fact that published expressions are not property, and that copyrights are not deeds, is why illegal copying is properly known as copyright infringement. It is not theft, because no property is involved. It may be either a civil offense or a criminal one depending on the volume and the type of illegal copying involved.

      If Congress decided tomorrow to repeal copyright, you could engage in large-scale commercial copying of any published work, and "deprivation of potential earnings" of the publishers would not even be infringement. It would be the result of free market competition.
    32. Re:A thief? Hardly. by Xebikr · · Score: 1

      I don't think you read my post so I will shout my point at you: COPYRIGHT HAS BECOME MEANINGLESS. YOU CANNOT SNEEZE WITHOUT VIOLATING COPYRIGHT. Copyright law treats all works equally. You only seem to think it applies if the work has commercial value. Guess what? Even though you posted anonymously, your post is under the full protection of copyright for 95 years! If you can tell me why that makes sense, then I will happily let you go back to your own little world.

    33. Re:A thief? Hardly. by DM9290 · · Score: 1

      Did you take it without permission? Yes.

      copying something is not "taking" it.

      You can justify your crime all you want,

      copying something is not a crime.

      but it still boils down to your decision to deprive someone of potential earnings.

      Thats all it boils down to?

      Then you would have no complaint against the poor making copies for their personal use would you?

      How about someone making copies of music just for archival purposes to insure that 70 years from now when the copyright expires it WILL be available to the public domain, no matter what whacky DRM schemes are invented by them would would deprive the public of its RIGHTFUL property?

      It's one thing to not understand this. It's another thing to take issue with the word "theft" simply because you're not physically depriving anyone of anything.

      I take issue with the word "theft" because "Copyright infringement" does not fit within that definition.

      It's yet another to understand all of this and still believe that you're not doing anything wrong.

      maybe so.. but as YOU know. copyright infringement is not theft and it is not piracy.

      you may as well call it rape, murder or terrorism because copyright infringement is ALSO none of those things.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    34. Re:A thief? Hardly. by johannesg · · Score: 1
      Did you pay for it? No. Do you now have it? Yes. Did you take it without permission? Yes. ... You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings.

      It is somewhat unfortunate that we cannot have this debate without these ad hominem attacks. Try to keep it civil: someone who opposes the induce act is not automatically downloading things and therefore a thief, and someone who uses a P2P application is not automatically violating copyright.

      "Potential earnings" is an incredibly nebulous concept anyway. Suppose a town has a single CD shop, and a second one is about to open. That second shop is about the deprive the first one of a lot of potential earnings, yet their actions are completely legal.

      It is also utterly unclear to me why downloads should be counted towards "lost potential earnings" instead of "free advertisement". Despite the ever-growing use of broadband, the sales of CD's are growing! Doesn't that mean that despite having the opportunity of getting all their music for free, most people are still essentially inclined to do the right thing and pay for their music?

    35. Re:A thief? Hardly. by Anonymous Coward · · Score: 5, Insightful

      The copyright infringement we're talking about here is not civil disobedience. Civil disobedience is not just the act of non-violently disobeying unjust laws. True civil disobedience also requires that you break the law publicly and accept the resulting legal consequences. People who practice civil disobedience usually call attention to themselves breaking the law and insist that law enforcement arrest them and enforce the unjust law. When people are punished for breaking an obviously immoral law, the theory goes, the government and/or society will be shamed into changing it.

      If the law is broken secretly or the lawbreaker attempts to get out of the punishment, the powerful moral logic of civil disobedience breaks down. It becomes easy to accuse the protester of breaking the law just for personal gain rather than for the greater good. If he or she breaks the law openly from the beginning and requests enforcement of the unjust law, he or she is immunized from this line of attack.

      If you want to practice civil disobedience against current copyright law, you should copy some tracks (like Happy Birthday) that you believe you have a moral right to own and you should alert the authorities and the media. Force the RIAA and the FBI to arrest you. Accept the ridiculous fines and jail terms that come with the crime, and thereby show everyone the ludicrous and immoral nature of the law.

      Don't, however, copy 100GB of songs off of P2P networks secretly and call it civil disobedience. It's not. It's just lawbreaking.

    36. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      A person/entity has the right to the earnings from its labor

      Why is it that when an RIAA member plays some music, they "have a right to earn money", even if noone buys their music, but when the rest of us plays some music, and noone buys it, we just need to get a job?

      We are actually some people who DO have a job, and don't expect to get paid for playing some music that noone buys.

    37. Re:A thief? Hardly. by Flaming+Foobar · · Score: 1
      ... if I had to pay 99 cents, there is no way I would get it...

      Do you also eat at restaurants and not pay because you felt the food wasn't that good afterall?

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    38. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      Flawed analogy, food is a limited resource, KTHXBYE

    39. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      You should read "Realware" by Rudy Rucker. Towards the end, humanity gets the ability to do just that - rearrange matter, to do things like copy cars.

    40. Re:A thief? Hardly. by Flaming+Foobar · · Score: 1
      What about the free publicity

      Publicity won't buy you anything to eat. It's moot.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    41. Re:A thief? Hardly. by Flaming+Foobar · · Score: 1
      Flawed analogy, food is a limited resource

      Is it really? When will we run out of carrots, then? Potatoes? Beef? Some proof, please.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    42. Re:A thief? Hardly. by Pofy · · Score: 1

      >Did you pay for it? No.
      >Do you now have it? Yes.
      >Did you take it without permission? Yes.

      As allready pointed out, you did not "take" anything, you created something new, which happened to be identical to something else. That is not taking!!

      If you pay for it or not is actually quite irrelevant. As is the permission for you geting it is also in much irrelevant. I assume you talk about the permission of the copyright holder. However, the copyrigth holder typically only control the very first distribution. So if I buy a book, I can then give it to you (without you paying) and without having the permission of the copyright holder. There is no copyright infringement in such a case (we didn't create a new copy), despite you managung to check "yes" to whatever you want, INCLUDING depriving someone of a potential income.

      >You can justify your crime all you want, but it
      >still boils down to your decision to deprive
      >someone of potential earnings.

      Sorry, in most cases and countries it would NOT be a crime! In addition, depriving someone of a potential earning is NOT illegal to do or we could do nothing since basically everything one do deprives someone of an income. See the example above for a good case.

      Copyright is all about creating of something new, not taking something (copyright also includes things such as public performance but lets leave that aside for now). You create a new copy of something. This is not theft amd theft can hardly be applied to it, since you have not taken anything. You made a new fence for example, admitedly identical to other existing fences but still a new one. No one will come screaming that you stole anything, they still have their fence for one. This is why theft laws doesn't work on cases were you copy something, it is NOT taking, it is about creating something new.

      That is one of the reasons one need copyright laws, or we could just stick to theft laws. Copyright laws dictate that for some things, you can't create a new copy of something unless enough time has passed since the original was first created. The issue of money and payment is NOT an issue, the person who hold the copyright can give away his work for free, you can STILL not copy it since it would be copyright infringement, despite no earnings deprived! There are excepctions in most countries so that you can under correct situation actually make copies without creating a copyright infringement (and despite it being a potential loss of earning).

      No matter how one twist it, trying to compare it to theft and trying to set up criterias similar to the result of a theft, it won't be the same, and there will always be many cases and trivial cases were it does NOT work, so why doing it all the time? It only leads to the wrong conclusions, like depriving someone of income is a criteria for copyright infringement, it has NOTHING to do with copyright infringement.

      So use the criterias for copyright infringement when you want to decide if there is one, and don't claim that it is identical to theft in some cases and then start to make comparions to theft (typically using completely other criterias) to see if it is a copyright infringement.

    43. Re:A thief? Hardly. by Scarblac · · Score: 1

      Did you pay for it? No.
      Do you now have it? Yes.
      Did you take it without permission? Yes.

      Does everyone who previously had it still have it? Yes.

      Has anyone lost anything you have now? No.

      Are any potential earnings lost because you have it now? WTF are potential earnings? All of the national income that could be spent on CDs?

      Taken literally, no they have not lost potential earnings - I can still buy the CD and still have the same amount of money.

      Otherwise - it depends: they have not lost any if I wasn't going to buy the CD anyway, they have not lost any if I was but spend the money on another of their CDs now, they have not if I decide I like these songs and buy the CD, they actually have increased potential earnings if I wasn't going to buy it but like it so much that I buy a couple of CDs of this artist, they have lost potential earnings if I was going to buy it but don't, and therefore spend less money on CDs now.

      And that last thing is, as much research shows, not exactly common. People who download lots of MP3 often still are among the biggest spenders on music. Actual (not potential) CD sales are up.

      Furthermore, you obviously can't steal "potential income". Potential income doesn't exist yet and isn't guaranteed to exist in the future.

      So what all of this has to do with theft is beyond me. It's copyright infringement, and although it's nominally "wrong" it's not very serious - on a par with driving through a red light because there's no traffic there, as far as I'm concerned.

      --
      I believe posters are recognized by their sig. So I made one.
    44. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      sir, did you pay for that oxygen you are breathing? no. Do you have that oxygen now? yes. did you take it without the International Terran Oxygen Alliance's permission? yet. sounds textbook to me. you've been made redundant and have been schedule for exportation to a non-oxygen state of being.

    45. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      "your decision to deprive someone of potential earnings"

      >>That's a meaningless statement. If I went out and killed 10 people I'd be depriving hundreds or thousands of businesses "potential earnings" of the money those victims would never get to spend. But that is not the crime I would've committed. Potential earnings are irrelevant. Depriving actual earnings is what matters.

      You really believe that bs, you are a damn idiot!

      The reason you'd be charged with murder in your silly analogy is because that is the "higher crime" you friggin moron!

      And for your information you can bring suit against someone for lost "potential" earnings...read a law book before you sprout off opinions as fact idiot!

    46. Re:A thief? Hardly. by schon · · Score: 1

      You think that you have the right to determine whether or not you should pay for someone else's IP, AFTER you've already garnered the benefit of it?

      Yes. What's wrong with that?

      Are you suggesting that people should have to pay money to someone for something before they know if they like it or not?

      So remember, before you buy that house, you're not allowed to go look inside it! Or the car - you're not allowed to test drive it.

      Remember, by your logic, if you do, you're a hypocrite!

    47. Re:A thief? Hardly. by Mordaximus · · Score: 1

      "Yeah, that's called civil disobedience."

      Oh please, that is so lame. What next, because people J-walk, even though they know it's illegal, you'll call it civil disobedience? How about : they don't think it's a big deal, and doubt they'll get caught.

      People "pirate" music because they don't think it's a big deal, and they don't think they'll get caught, not because they are protesting high CD prices and copyright law. Why do you have to pretend that they belong to some big cause? Most people don't give a crap about copyright law. Maybe you do it as a form of civil disobedience, but don't make your gang look bigger than it really is.

    48. Re:A thief? Hardly. by mmkkbb · · Score: 1

      Logic is lost on this generation... I'm moving to Mars.

      --
      -mkb
    49. Re:A thief? Hardly. by lukewarmfusion · · Score: 1

      The courts have no problem identifying potential revenue lost from slander or libel; the courts also have no problem recognizing potential revenue lost from corporate espionage.

      In this case, you are breaking a law (it is a crime in some places) or you are ignoring the Constitutional protections afforded to the folks that produced it. I don't believe for a minute that everyone (or even a large percentage) of the folks that pirate music wouldn't have actually bought it if it weren't available for free online. How many albums did singer xxxxxxxx sell? If online piracy weren't available, I believe that number would certainly have been up.

      Copyright infringement is more serious than you realize. Your ignorance doesn't excuse you, but it means that you're short on "real world understanding." There are folks trying to earn a living by creating something useful or enjoyable to the rest of the world. In the rare event that they succeed in creating a marketable product (a song, an art piece, software, etc.) it is a terrible pity that you believe the rest of the world should just take it for free because it won't cost anyone anything.

      I know very few people who still buy music. Everyone I know downloads it for free. The occasional CD purchases I make (or that my friends make) are from artists that we really support. Even then, those are few and far between.

    50. Re:A thief? Hardly. by tepples · · Score: 1

      If you want to practice civil disobedience against current copyright law, you should copy some tracks (like Happy Birthday) that you believe you have a moral right to own and you should alert the authorities and the media.

      I've done step 1; now how do I involve the media, which has a financial interest in keeping this hush-hush?

    51. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings.

      • Can you be charged for boycotting a company, and depriving them a potential sale?
      • Can you be charged for using the library instead of purchasing a book, and depriving the publisher a potential sale?
      • Can you be charged for using a VCR to tape $SHOW instead of purchasing the DVD boxed set, and depriving them a potential sale?

      These 3 scenarios correspond to your 3 questions as N/N/N, N/Y/N, and N/Y/Y respectively.

    52. Re:A thief? Hardly. by operagost · · Score: 1

      Well, according to the Heisenberg Uncertainty principle, B must have altered A's sandwich to some degree to copy it, so B should be charged with vandalism at the very least. Plus, B's copy might taste funny.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    53. Re:A thief? Hardly. by Johnny5000 · · Score: 1

      OT, but try www.epitonic.com if you haven't already. I'm pretty much in the same boat you are- I had no idea what to buy now that I've cut out my music downloading. I find a lot of bands I like through epitonic now.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    54. Re:A thief? Hardly. by Infamous+Tim · · Score: 1

      That's the most ludircous thing I've ever heard! You must be joking, or an ass clown, I can't figure out which.

      --
      checking for libvirus... no
      ERROR, libvirus.so not found, terminating
    55. Re:A thief? Hardly. by quisph · · Score: 1
      But it is also true that some of those people are being honest, and they have not cost the copyright holder any earnings, potential or actual. In that case I can't see much harm in the crime.
      Downloading isn't the issue. The problem is, if you are PROVIDING illegal content on a p2p network, where is the checkbox that says "Allow downloads only from people who would never have bought it anyway?"
    56. Re:A thief? Hardly. by lukewarmfusion · · Score: 1

      Referring to a "you" is the same as referring to "a given person" or whatever. You're way off-base by claiming my argument is name-calling.

      If I spend time, money, and talent to create a song, you have absolutely no right to take that from me without my permission. That's the point.

      Free advertisement doesn't mean anything if it doesn't improve sales. Do you download the entire CD before you buy it? Do you buy every CD you download?

      Radio is free advertising (free to consumers). Videos are free advertising (again, to consumers). They produce quantifiable sales. Downloading doesn't.

      So what if ales are growing? That doesn't have anything to do with piracy being right or wrong.

    57. Re:A thief? Hardly. by johannesg · · Score: 1
      Referring to a "you" is the same as referring to "a given person" or whatever. You're way off-base by claiming my argument is name-calling.

      Is that also why you are saying this:

      If I spend time, money, and talent to create a song, you have absolutely no right to take that from me without my permission.

      Because it sure makes it sound like you and I are having a personal fight here. Apparently "you" produced some song, and "I" stole it from you. Loading the debate like this is just not a very nice way to have a discussion. Admittedly that may be too much to expect from slashdot.

      Free advertisement doesn't mean anything if it doesn't improve sales

      And what was the article saying again...? Yes, it said sales were up!

      Do you download the entire CD before you buy it? Do you buy every CD you download?

      ***I*** don't listen to any of the crap the RIAA puts out. What your unnamed third-person CD thief does, I have no idea - all my friends have large CD collections so it appears I don't know any thieving scum.

      Radio is free advertising (free to consumers). Videos are free advertising (again, to consumers). They produce quantifiable sales. Downloading doesn't.

      Care to prove that? Is there some way that any single sale can be tracked towards whatever form of advertisement induced it?

      So what if ales are growing? That doesn't have anything to do with piracy being right or wrong.

      That's odd, since "potential economic damage" is being claimed as the reason that piracy is wrong. If there is no "potential economic damage", how exactly does piracy hurt anyone? Is there an artist being crushed to death by piles of money, somewhere?

    58. Re:A thief? Hardly. by lukewarmfusion · · Score: 1

      Ok, let's avoid your off-topic claims that my argument hinges on you and me personally involved in the scenario.

      Person A invents something using his or her own money, time, and talent. Person A then offers that for sale.
      Person B finds a way to obtain that without paying for it, but also without depriving anyone of any physical asset. Person A was not compensated for the access, use, or enjoyment of the invention.

      This is wrong because Person A relies on income from that invention. Person B has lessened the value of Person A's invention.

      Do you not understand this, or are you simply being a devil's advocate? I have a hard time believing that someone who functions in society can really think there's nothing wrong with taking advantage of the creators out there.

      As for the claims regarding free advertising, I already said (but you ignored) the fact that increases in sales are not necessarily related to increased downloading. Correlation is not causation and all that.

      Finally, what you're still not understanding is that piracy is wrong even if it hurts nobody.

    59. Re:A thief? Hardly. by MutantHamster · · Score: 1

      But leave U2's Verigo[sic] alone.

      No problem here.

      --
      My Greatest Heist - Muisc partly inspired by the unbeatable Qwantz
    60. Re:A thief? Hardly. by MutantHamster · · Score: 1

      What the fuck? When you hear a song on the radio are you stealing it because the artist lost the potential profit? What's the difference between that and downloading it? That you can hear it whenever you want when it's a file on your computer? So what? What if I hear the song on the radio so many times that I memorize it? I can hear the song whenever I want and I didn't pay a cent, I must be a theif! What about if I learn to play it on my own instruments? I'm such a bastard! How dare I enjoy their song for free!

      Fuck off. Go take this "what you're doing is wrong" bullshit and cram it. Here's a bombshell for you: I don't care if what I'm doing is "wrong" or not. As far as I'm concerned, if anybody doesn't want me to download their music I'm doing it out of spite. That is, I don't enjoy music to be the artist's friend, so you can take this whole issue of what's moral or not and masturbate with it.

      Why don't you join the police force and fight the good fight against all us heinous criminals? I'm sure that'd give you a hardon, you self-righteous asshole.

      --
      My Greatest Heist - Muisc partly inspired by the unbeatable Qwantz
    61. Re:A thief? Hardly. by johannesg · · Score: 1
      Do you not understand this, or are you simply being a devil's advocate?

      I understand what you mean, and I agree that inventors/artists may lose money in specific individual cases. What I doubt is whether that is really the case here, though. Just look at the number of people who have access to broadband now. They can all go and download all the CD's they want for free - it is so easy anyone can do it. And yet those people still buy CD's, and sales are up. That makes me think the situation may not be as grim as is claimed: the "lessening of value" that is claimed is not so severe that it stops artists from producing music, or stops inventors from inventing. Perhaps we would have more or better music/inventions if all IP was held sacred by everyone (i.e. there was no piracy whatsoever), but it is equally possible that this would lead to stagnation and cultural decay.

      To see why that could happen, consider this: suppose Microsoft had a patent on multitasking or graphical desktops. Do you think we would have seen any version of Windows after, say, 1.0? What reason could they have had to innovate, given this unbreakable grip on the market? So the expiration of IP is itself a reason for innovation.

      Coming back to music, I also think the advertising effect is real. Advertising vectors like radio and TV are fine and dandy, but they tend to have the same set of songs throughout the day. By comparison, downloads allows people to get acquainted with a wide variety of unknown artists. Downloading acts as a significant equilizer in this respect, in that it gives unknown artists a platform to show themselves off. Of course, that also decreases the value of any mainstream (radio-advertised) artists, since the amount of money available for entertainment is typically limited in any household. I half suspect that this is the main reason the big CD labels are complaining: not because the total number of CD's sold is shrinking, but rather because their share of the pie is.

      I have a hard time believing that someone who functions in society can really think there's nothing wrong with taking advantage of the creators out there.

      That's rich, considering that this discussion originally debated mainstream music. If there is one bunch of thieving bastards that "take advantage of creators" it's the big record publishers.

      Finally, what you're still not understanding is that piracy is wrong even if it hurts nobody.

      On the contrary, I'd argue that "intellectual piracy" offers unique benefits to all of society, because it allows everyone to benefit from new ideas, instead of just the lucky guy who made it to the patent office first. Locking up ideas for twenty years stifles innovation, since once an idea is locked up noone can improve on it either (at least, not without paying someone who had no part in the improvement, and that is assuming he is even interested in that). Some have argued that the industrial revolution was held back twenty years because of a patent on steam engines - imagine where we would be today if that hadn't happened.

      Sharing is not wrong, and sharing of ideas enriches both parties involved. Admittedly, this does lessen the chances of any artist or inventor to have one good idea and spend the rest of his life collecting rent and sitting on his butt, but maybe society does not owe him that anyway. Indeed, society appears to have evolved a number of ways to compensate these people for their effort that do not involve long-term taxation, both in commercial form (companies employing inventors who get nothing out of it but their salary) and through universities and other government-sponsored research institutions.

      Also, the whole notion of intellectual property is comparatively new. Some of the worlds' most beautiful artworks and music stem from a period where there was no protection whatsoever. And even today, when one can digitally reproduce a Rembrandt or van Gogh to a level that is hard to distinguish from the real thing (at least, fr

    62. Re:A thief? Hardly. by Deliveranc3 · · Score: 1

      I would do that, and for a while I was. But unfortunatly I live in Canada and my government is sane.

      So um yes I pirate EVERYTHING but um... it's not illegal :(

    63. Re:A thief? Hardly. by RedWizzard · · Score: 1
      Downloading isn't the issue. The problem is, if you are PROVIDING illegal content on a p2p network, where is the checkbox that says "Allow downloads only from people who would never have bought it anyway?"
      Yes, but we were specifically talking about downloading, not sharing.
    64. Re:A thief? Hardly. by Anonymous Coward · · Score: 0

      As both a programmer and musician (a strangely common combination), I would like to respond to some of your points:

      "Person A invents something using his or her own money, time, and talent. Person A then offers that for sale.
      Person B finds a way to obtain that without paying for it, but also without depriving anyone of any physical asset. Person A was not compensated for the access, use, or enjoyment of the invention."

      Tough luck: nobody has an automatic right to get paid for what they do -- people will only pay for things that they perceive as having some value attached to them. How much intrinsic value has something that can be easily and cheaply copied got? Not much...

      "This is wrong because Person A relies on income from that invention. Person B has lessened the value of Person A's invention."

      It is the existence of a technology which enables easy copying and distribution of Person A's invention that has lessened its value by making it less scarce. This is a fact irrespective of whether anybody actually uses said technology to copy Person A's work -- merely being able to do so means that the work is less valuable than would have been the case if it could not be easily copied. Person A will have to adjust to these circumstances, just like countless others whose incomes were curtailed or eliminated by technological advances have in the past.

      "what you're still not understanding is that piracy is wrong even if it hurts nobody"

      How can an act which does no harm be "wrong"? It may be illegal, but "illegal" and "wrong" are not the same thing at all, any more that "legal" and "right" are. Even modern nations have all manner of silly laws that quite simply make no sense, e.g:

      in Leigh, Nebraska, it is illegal to sell doughnut holes.

      In Chicago, one cannot eat in a place that is on fire.

      In Florida, it is illegal to have sex with a porcupine.

      In Chester, England, one may only shoot a Welsh person with a bow and arrow inside the city walls after midnight.

      etc., etc., etc.

    65. Re:A thief? Hardly. by Stryker2 · · Score: 1

      RTFC, I didn't say they have a right to money... they have a right to choose to offer that music for a price that you and others are free to pay or to pass on. If people choose to pay their price then they get money; if people decide it isn't worth it then they don't get money. Simple concept; they have the right to the earnings, which in that case amount to zero. But people that choose not to pay the price do not have the right to make a copy of the music to listen to if the artist/owner does not permit it, any more than a company has the right to take GPL code in violation of the license.

      --
      Bother, said Pooh, as he called in an air strike.
  37. Mod the article... by Iron+Clad+Burrito · · Score: 4, Funny

    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma."

    I would mod your article -1 Redundant. We've been saying that for two years plus.
  38. Inundated-A "revolutionary" talk. by Anonymous Coward · · Score: 0

    "Time for a revolution!"

    Funny, coming from a group that can't even get Taco to upgrade the standards used on their favourite site.

    Maybe you all should learn to fix your house, before complaining about others?

  39. increase.. bleh by countach44 · · Score: 0

    I think even the RIAA knows that the CD sales have been slumping not because of piracy, but because they need a scapegoat...

  40. Moral Weight by Yartrebo · · Score: 1

    Quite the contrary. The reason I don't buy any RIAA CDs is because they're total bastards. The thought that my money is contributing to lobbying efforts against both my interests and ideals will give me too way too much of a nagging conscience to ever enjoy the thing I bought.

    Perhaps if they stop suing people and lobby for sane copyright laws (like a 14 year term with mandatory registration and repealing the DMCA and all other related legislation) and wait a few years, I might reconsider my boycott, but I figure I've got shorter odds of seeing pigs fly while being struck by lighting and winning the lottery all at the same time.

  41. There is not a strong correllation here by krbvroc1 · · Score: 4, Informative

    I love these articles because they are so misleading. I don't believe there is a strong correllation between sales and piracy. Sales are higher because the economy is doing better. Could they be even higher if there were no pirating? Perhaps, but I would consider it a small subset of people who would have bought something but didn't. Most people downloading stuff would never have bought it in the first place. If the record label lowered their prices that would also increase sales. Thus lower prices == piracy. ;)

    The fundamental flaw is that in order to exaggerate their losses they come up with absurd calculations like loss = num_files_shared_last_year * retail_price. That is absurd.

    I was watching C-SPAN last night and saw the confirmation hearing of U.S. President Bush's new Commerce Secretary. He was asked by Sen Gordon Smith (R-OR) how he would handle the copyright violations and IP issues that are crippling our innovative entrepreneurial spirit. I believe thre new Commerce Sec nominee has been CEO of Kellogg company. Wasn't that the company who was price-fixing cereal some time ago? Does anyone remember?

  42. What affect it's had is the issue by Anonymous Coward · · Score: 0

    The whole point is 2.3% compared to years past is pretty marginal. The issue really is what would that increase have been if there were no illegal downloads? If it had even risen 5% as opposed to 2.3% without the downloads we're talking a massive loss, over 50% of their profits.

    1. Re:What affect it's had is the issue by Anonymous Coward · · Score: 0

      Funny but I've found that the geek community makes the Republicans look like a pack of liberals. They tend to be more party line than the most radical fundementalist christian groups. All you have to do is say something putting down the RIAA or the record companies and you'll get a great mod. Point out the downsides and you either get a zero or a flamebait. I had in the past thought tech people were liberal. I find them in truth to be very conservative and not open to other points of view. It's very sad to me. This should be a great forum but I find if I defend the rights of the artists who are the real victims I get modded down. Tired of a pointless fight trying to trying to convince narrow minded conservatives they may be doing harm. At last word the above post made, that made a valid point, was at zero. Time to move on and find a more open minded group. This is my last post. Mod away.

  43. BYTE ME RIAA!!! by KennyP · · Score: 1

    And I even bought a couple CD's this year!

    So there!!!

    Kenny P.
    Visualize Whirled P.'s

    1. Re:BYTE ME RIAA!!! by Anonymous Coward · · Score: 0

      And how many would you have bought without the downloads?

    2. Re:BYTE ME RIAA!!! by Anonymous Coward · · Score: 0

      "byte me" hhaha. i get it. that's funny.

      you subhuman garbage.

  44. Re:That's not good growth compared to economy, DVD by iethree · · Score: 2, Insightful

    I think the rise in movie profits has more to do with the change in the format from VHS to DVD, all the movie companies are re-releasing all their classic movies onto "special edition" DVD's and thus people are buying them.

    however Cd's havent changed format and there's no reason to buy all your old favorites again. Maybe when DVD-A or SACD takes off we'll see a big spike in music sales too.

  45. I Wonder.... by muntumbomoklik · · Score: 4, Funny

    Does Lindsay run a Linux box?

    Are there more hot girls like her running linux?

    Maybe it's time to finally try that new pickup line of mine: "What's your distro, baby?"

    1. Re:I Wonder.... by Anonymous Coward · · Score: 1, Insightful

      The sad thing is that I tried that one when a girl said the penguin (tux of course) on my t-shirt was cute. She just looked confused and walked off. Bitch.

    2. Re:I Wonder.... by Anonymous Coward · · Score: 0

      Please, *please* tell me you didn't really do that...

  46. Just think about the headline for a moment. by the+angry+liberal · · Score: 3, Insightful

    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma."

    Oh, oh, I know -- I know! {raised, waving hand}

    The reason they aren't going after these "real" pirates is because they are in nations who's legal systems have no incentive to stop the flow of pirated American, European and Japanese media.

    It really makes me sad to see this kind of uninformed tripe in a headline. It brings out the general ignorance of the masses in these threads.

    1. Re:Just think about the headline for a moment. by macdaddy357 · · Score: 1
      Soon, the CDs at the mall will all cost over $20, and have so much DRM crap on them you will hardly be able to play them. You won't be able to rip them to an MP3 player either. The CDs at the flea market will cost $5, will play in any device, and can be ripped to an MP3 player easily. Guess which ones kids will buy? Dontbuycds.org predicted this.

      People like to collect tangible things, but don't like to be ripped off. The labels that make up the RIAA need to think about that.

      --
      How ya like dat?
    2. Re:Just think about the headline for a moment. by Frizzle+Fry · · Score: 1

      The reason they aren't going after these "real" pirates is because they are in nations who's legal systems have no incentive to stop the flow of pirated American, European and Japanese media.

      At the least, they can try to stop the sale of these goods in the US. In New York, it's not at all uncommon for there to be someone on a street corner with a table set up selling lots of pirated dvd's and cd's. I've been eating in a pizzeria and had a guy come in and go table to table offering pirates dvd's and cd's. This is completely accepted and seems normal to most people. In other parts of the country, I haven't seen it so much, but it is rampant in New York. These are "real pirates" and law enforcement certainly could be doing more about it, but they don't care. If the RIAA and MPAA want to really combat piracy, they should be leaning on law enforcement to target these people rather than spending so much of their time focussing on p2p.
      --
      I'd rather be lucky than good.
    3. Re:Just think about the headline for a moment. by the+angry+liberal · · Score: 1

      Did you just hit reply to the first message you found so you could throw out a bunch of opinions? I ask because this post doesn't appear to have anything to do with my parent post.

      Don't just hit reply to get on the first page, fool.

    4. Re:Just think about the headline for a moment. by macdaddy357 · · Score: 1

      Nothing in common? Your post was about not going after the "real pirates." I posted about what not going after the "real pirates" is leading to. And you start crying like a little girl with a skinned knee. Who pissed in your wheaties? Do only people on your freinds list get to reply to your posts?

      --
      How ya like dat?
    5. Re:Just think about the headline for a moment. by the+angry+liberal · · Score: 0, Flamebait

      And you start crying like a little girl with a skinned knee. Who pissed in your wheaties? Do only people on your freinds list get to reply to your posts?

      Grow up, you baby. Your post made no sense and just read like some blathering political statement. If you don't want to get called on this nonsense, then don't do it.

      I don't see much point in answering your 5 question paragraph. Any further response will just encourage your trollish behaviour.

  47. Speaking of Lindsay Lohan by ambienceman · · Score: 5, Funny
  48. Re:Pot Kettle Black by Anonymous Coward · · Score: 0

    You're in some sort of anger-filled diatribe about me.

    I'm not the one who's mad. I'm stunned. I don't know how to respond.

    Much like Slashdot itself, your posts are full of passion (or something) but lacking in substance. Your post about filesharing has neither anything to do with the original post way back up at the top of this thread, nor does it really relate to the actual article or writeup except in a general karma whoring manner. I really ought to know better than to respond to that kind of poster.

  49. A thief?-Stealing of value. by Anonymous Coward · · Score: 0

    "You can justify your crime all you want, but it still boils down to your decision to deprive someone of potential earnings."

    It is theft...of value.

    Also because someone has the original isn't the blessing in disguise that pirates think, but makes digital piracy a worse crime than just plain stealing.*

    *I plan on elaborating on these points in the future (assuming "group think" doesn't moderate it out of sight).

    1. Re:A thief?-Stealing of value. by gspr · · Score: 1

      What if persons C through ZZZZZZZZ also duplicate this sandwich, and they are no longer hungry? Should the potential earnings of A (who wanted to sell sandwiches based on his secret recipy) still oughtweigh the fact that thousands of rather oddly named people are no longer hungry?

    2. Re:A thief?-Stealing of value. by Anonymous Coward · · Score: 0

      Slashdot only give me so many reply slots, but assuming your serious about an answer.

      "What if persons C through ZZZZZZZZ also duplicate this sandwich, and they are no longer hungry? Should the potential earnings of A (who wanted to sell sandwiches based on his secret recipy) still oughtweigh the fact that thousands of rather oddly named people are no longer hungry?"

      You're setting up a strawman. The items being pirated are in no shape or fashion, necessary for the continuation of life. Pirates by their unwillingness to "just say no" aren't proving that what the content providers are selling is necessary for life. This impression is reenforced by their unwillingness to simply go with artists that are free and/or low cost.

  50. Shut up. by Anonymous Coward · · Score: 0

    Everybody, shut the fuck up. All of these arguments have been made and rehashed on Slashdot enough times, what's the point anymore? I'll sum up everything that has been/will be said, disregarding the trolls and the spontaneous religious arguments that pop up here. A) The RIAA is full of shit and trying to suck more money out of a system that sure seems to be working in the RIAA's favor, what with them making considerably more money since P2P networks started popping up. B) Well that just proves that their lawsuits work. C) Nobody's losing anything, so it's not stealing. D) You didn't pay for it so it is stealing. Now just pick one (or more).

  51. No sh*t! by los+furtive · · Score: 4, Informative

    I just got back from a trip to South-East Asia, and in Thailand, Cambodia and Laos it was rediculous how every single music store sold bootleg CDs. Mostly stuff downloaded from the net (lots of 'best of' with tons of typos), but in high-end/high-quality cases. Especially the stuff I saw in Louang-Prabang (Laos). They were dirt cheap, $2-$5, and I heard they were even cheaper in VietNam, although I didn't make it out there. If you want even more flagrant copyright violations, when I had satelite tv in Cambodia they were playing Swordfish on one of the channels and it was the exact same DivX screener that I'd downloaded when it first came out in theatres...with the same animated logo scrolling across the top right and everything. How crazy is that?

    --

    I'm a writer, a poet, a genius, I know it. I don't buy software, I grow it.

    1. Re:No sh*t! by danimrich · · Score: 1

      In Turkey people also sell a lot of bootleg CDs and Video CDs. I could have gotten VCDs for the same price I would have paid for just the blank CD-Rs when bought in Central Europe.

      --
      where's all that Karma?
    2. Re:No sh*t! by Anonymous Coward · · Score: 0

      I just got back from a trip to South-East Asia, and in Thailand, Cambodia and Laos it was rediculous how every single music store sold bootleg CDs. Mostly stuff downloaded from the net (lots of 'best of' with tons of typos), but in high-end/high-quality cases. Especially the stuff I saw in Louang-Prabang (Laos). They were dirt cheap, $2-$5

      Do you realise that people in SE Asia countries don't have USD15 to spend on a CD? In fact, a lot of them make less than that a month.

      If bootlegs are wiped out, they still won't buy legit copies simply because they don't have the money.
    3. Re:No sh*t! by Oddly_Drac · · Score: 1

      "How crazy is that?"

      Not. Check out the average monthly income, then consider the amount of money required to create a modest revenue channel in legitimate content. We _can_ afford to be gouged, so we are. Essentially the MTV music awards are the amount that we're gouged for.

      Try the same in the poorer places in the world, and you simply don't have the sales. Now aren't you happy that globalisation has destroyed trade barriers?

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
    4. Re:No sh*t! by Deliveranc3 · · Score: 1

      $2-$5 you got ripped off dude. Should be $1 a disk for anything. Which is the same everywhere except in Thailand, Laos, Malaysia, Cambodia, China, Vietnam are all $1 (usually canadian $1 sometimes $1 U.S. Hong kong sometimes get's up near $3-4 but those are legitimate copies.

  52. A picture is worth 1000 words.... by telstar · · Score: 2, Informative

    picture

    Pretty much all you need to know to understand why CD sales dropped for a few years, then rose again in 2004.

    1. Re:A picture is worth 1000 words.... by TheOriginalRevdoc · · Score: 1

      I don't buy it.

      I assume you're suggesting that the DJIA reflects the state of the US economy, and therefore CD sales. This is wrong on two points:

      1. The DJIA doesn't accurately refelect the state of the economy; it only indicates the stock prices of some 30 large companies. (For example, it crashed spectacularly on September 11, 2001, but the US economy didn't change significantly that day.)

      2. The only economic indicator that you could really use in this context is the unemployment rate. Any number of economic indicators could point to times being pretty bad, but if people have jobs, they'll buy CDs - and the unemployment rate hasn't changed all that much for a few years now.

    2. Re:A picture is worth 1000 words.... by Anonymous Coward · · Score: 0
      For example, it crashed spectacularly on September 11, 2001, but the US economy didn't change significantly that day.
      • What world do you live in? The cost of doing business got a whole lot more expensive that day. Security, business continuity, departure of business and businesses from southern Manhattan ... one of the drivers of the national economy, decreased travel, more expensive travel security procedures, decreased tourism, etc. Add to that, the cost of going to war with Afghanistan in response to that attack. How can you possibly say that the nation's and the world's economy didn't somehow change on that day?

    3. Re:A picture is worth 1000 words.... by BCW2 · · Score: 1

      It changed, no doubt. The effects of that change were not felt by the economy for several months. There is always a lag time for the effects to show up after any event, good or bad. The events of 9/11 were so big that the effect came sooner than normal. I think it's because our national confidence was hit hard. That is a very difficult thing to repair. Truly, as a Nation, we are just now getting it back.

      Any President is stuck with the previous administrations economy for 2 - 3 years. If he made changes during his first year, that is when they will take hold. No President can change things fast, Congress is swimming in honey for there speed, and the economy of a nation takes guidance from politicians with the ease of pushing a rope.

      --
      Professional Politicians are not the solution, they ARE the problem.
    4. Re:A picture is worth 1000 words.... by TheOriginalRevdoc · · Score: 1

      I live in the same world that you do. Not only that, but my employer lost 250 staff on September 11... *and* they're in risk management. And do I have to remind you what the word "significantly" means? Decreased travel hardly made a dent in the US economy as a whole, the Afghan war was a small blip in US government spending, and the security issues that you mention are part of your incompetent government's mishandling of the situation - not really a consequence. If you want to see how badly the event affected the US economy, look at things like unemployment and GDP. Unemplyment rose slightly from 5.0% in late 2001 to a peak of 6.3% in 2003, but it took a while, and it would be a stretch to attribute that to Sept 11. US GDP kept increasing - 2001, 2002, 2003 and 2004 all saw GDP growth. Don't get me wrong - Sept 11, 2001 was a tragedy. But it wasn't an economic disaster, no matter what the politicians and media would have you believe.

    5. Re:A picture is worth 1000 words.... by Anonymous Coward · · Score: 0

      Sorry you wasted your vote on Kerry...

  53. Re:The figures show just how insignificant piracy by MightyMartian · · Score: 1, Insightful

    > How much higher would the increase have been had piracy not been a problem? No one can say for sure.
    > But you can't state that file sharing has not had a negative effect as a result of a positive increas
    > in sales.

    I'd like to see some evidence of this assertion. I'm very wary of things that seem at face value to be common sense, and I don't see any reason to buy this particular claim. The last album I bought (Brian Wilson's SMiLE) was purchased after I heard a P2P download of Heroes and Villains, and I doubt very much I'm alone.

    Record sales have slumped before (there was, as I recall, a big slump in the late 80s and early 90s). It seems that the current slump, which coincides, like the last one, with an economic downturn, has now been oh-so-conveniently attached to P2P piracy.

    I'm not saying it isn't possible, but I see no reason to take RIAA's word for it, any more than I would take, say, Kazaa's word for it that piracy hasn't hurt. Both have obvious interests that render them completely unreliable.

    So where's the evidence that P2P downloading caused the slump in record sales?

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  54. Lindsay Lohan reads /.? by metamorphage · · Score: 1

    I suppose the stereotype of "teen idol" must be broadening...

  55. open source entertainment by Anonymous Coward · · Score: 0

    we need open-source entertainment with a centralized online distribution and no RIAA.

    any artist could publish their works online and the community would be survived by user donations.

    movies, music, etc all accessible and free.

    1. Re:open source entertainment by wheatwilliams · · Score: 1

      Good luck finding artists willing to produce art under these terms.

      Would you invest $200,000 in making an album or a movie if your only hope of restitution was tips sent in by people you'll never meet, starting one or two years after your project is completed (and paid for)?

      What do you do for a living now? Would you work full time for an entire year with no pay whatsoever, anticipating that people you'll never meet will send you tips next year?

      If you were a bank, or production company, or venture capital firm, and an artist came to you and asked for a $200,000 loan to make a movie, explaining that the money would be repaid by strangers who might submit tips a year or two from now, would you loan money to the artist?

      I don't think so.

    2. Re:open source entertainment by JesusCigarettes · · Score: 1

      Would you invest $200,000 in making an album or a movie if your only hope of restitution was tips sent in by people you'll never meet, starting one or two years after your project is completed (and paid for)?

      Why would someone need to invest that kind of money into an album? Any time I've heard a decent band get produced by a 'big name' producer, the music has come out sounding soulless, tinny, lacking mid-bass, and poppy, whereas the studio session in the padded and mic'ed garage sounded terrific. Maybe if Americans cared more about art in music than production values, none of this would matter, because if you could produce an album in a few weeks with a few hundred dollars worth of equipment and distribute it cheaply online you wouldn't be as fucked.

      And movies cost way, WAAAAY more than $200k. Incidentally, how do you justify the fact that the artists have to reimburse record companies for the $100k+ loan on studio time from the meager $1/CD that they get from sales? Why does the record company take 90% of profit AND force the artist to pay them back? Oh yeah. That's why we hate the RIAA in the first place.

  56. It's not that clear-cut by jesterzog · · Score: 2, Interesting

    That is pretty much the entire fallacy of their argument. They are claiming that piracy has cost them millions/billions in potential profits, which is something that they never actually "had" to lose in the first place.

    I don't exactly think the world of the recording industry, and it's a good point that there's a huge fallacy in their argument. I don't think it's a very serious one because most people in the financial world probably consider it a loss if they were expecting money and it doesn't come, and it's getting very picky to start complaining otherwise. Whether or not that was because of piracy is much more contentious.

    If we're going to talk about fallacies, however, it should also be acknowledged that pointing out a fallacy doesn't exactly disprove the recording industry's claim that it's making less money than it should be in a fair market. (Trying to prove it isn't easy, either, and the recording industry isn't better than anyone else.)

    A profit doesn't automatically mean increased sales. It could as easily mean that costs have been cut, possibly even as a reaction to forward thinking about whatever effect piracy is having. Realistically, most businesses simply have to aim for a profit whether they think it matches their ideals or not. It may also mean that money has been gained some other way such as through partnerships or creative accounting.

    It's a fallacy in itself, however, to start suggesting that just because a profit has still been made, piracy isn't having an unfair effect on the industry... which is what the grandparent and a variety of other people seem to be claiming.

    I despise the way that the bulk of the recording industry works, and the amount of FUD that they tend to spread in attempts to get themselves noticed. But there's so much FUD going on in both directions that it's often even hard to tell if there's credible evidence either way. Wherever that evidence is, though, this isn't it.

    1. Re:It's not that clear-cut by pipingguy · · Score: 1


      ...there's so much FUD going on in both directions that it's often even hard to tell if there's credible evidence either way

      Isn't that the American Way though? Confuse them all, and let-the-market-sort-it-out/chips-fall-where-they-m ay type thinking.

    2. Re:It's not that clear-cut by mpe · · Score: 1

      If we're going to talk about fallacies, however, it should also be acknowledged that pointing out a fallacy doesn't exactly disprove the recording industry's claim that it's making less money than it should be in a fair market.

      Do the RIAA members want a "fair market" in the first place :)

  57. Wikipedia has an interesting article on this topic by Anonymous Coward · · Score: 0, Troll
  58. significance by Anonymous Coward · · Score: 0

    2.4%?
    seems a little insignificant to me, perhaps even a random fluxuation, it has to either go up or down, and i wouldnt draw and conclusions until the percentage is a little more significant

  59. Economics of Piracy by log2.0 · · Score: 4, Interesting

    I have been thinking a bit about the economics of piracy lately. Anyone who knows a bit/lot ;) about economics, please comment.

    Now, when were talking about digital media, the price to reproduce the good is very close to 0. So we can think of the song/movie/whatever information as being free to reporduce. Now, the RIAA/whoever sets the price of the song/movie to something that is much higher than 0, causing a price floor. If I remember correctly, in my micro-economics class, the teacher said that when you introduce a price floor, black markets emerge. Does this "justify" the online piracy or at least explain in economic terms why it exists?

    Of course, I could be confused and have it all wrong :)

    --
    Can your karma go above being Excellent?
    1. Re:Economics of Piracy by Galvatron · · Score: 1
      You have something of the right idea, but I'll try to clean up the phrasing a little bit. A "price floor" is a legally set lower limit on prices, imposed by fiat. For example, minimum wage is a price floor on the price of labor (and the black market you describe would be things like outsourcing, illegal immigrants, the kid down the block mowing lawns for cash, etc.)

      With digital media, government gives monopolies to companies (for a limited time) for their intellectual products. Competition still exists (except when they illegally collude) because the products are very similar (like if I had a monopoly on chocolate ice cream, I could only raise prices a little bit before people started buying vanilla from my competitors). Price is therefore still responsive to supply and demand, unlike in a situation with a price floor. However, because of the copyrights, this competitive equilibrium is still far above the marginal cost of production (which should, in a perfectly competitive market, be the equilibrium price; as you say, this is near zero), creating an incentive for piracy. The concepts are very strongly intertwined, but it's not quite the same as a price floor.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    2. Re:Economics of Piracy by log2.0 · · Score: 1

      Thank you,
      That cleared it up. I'm not sure if your ice cream idea works in this case though. Say there is band A and band B. They both make albums and release them at the same time. Lots and lots of people like A but not many people like B. Even if the price of A was double the price of B, more of A will still be bought due to the significanlty higher demand?

      With the ice cream, you can switch and it doesn't matter nearly as much as listening to a different band. I would say that ice creams are more substitute goods (had to scratch my head for that word ;)) than CD's. Although it is hard to judge how people maximise their utility.

      I agree that the "price floor" is the wrong term :)

      --
      Can your karma go above being Excellent?
    3. Re:Economics of Piracy by dbIII · · Score: 1
      Anyone who knows a bit/lot ;) about economics, please comment.
      To sum up, this magic compound intrest formula lets us predict the future despite it being an incredibly simplistic model which would be laughed at in any other field. The formula comes in a few different forms, one for each variable, since economists can remember things but cannot do algebra. This formula also tells us that anything that lasts for a long time is worth nothing.

      Example - a bunch of respected economists agreed that the solution to the problem of Australias wool being low was to kill a lot of sheep to make wool scarce - which did not work due to the existance of cotton.

      In the media industry things are skewed even furthur due to false reporting for tax avoidance purposes.

    4. Re:Economics of Piracy by Galvatron · · Score: 1
      Perhaps it's not perfectly analagous, but I certainly know that I've had the experience of shopping for movies (I don't buy a lot of music, and never did), and bought a DVD I somewhat liked that was on a sale rack for $7, and passed over a few that I really liked which were priced around $25.

      I'll conceed that, no matter how low he prices it, Eminem isn't going to sell any cds to people who don't like rap. Further, band of the caliber of the Beatles is always going to sell more albums than a mediocre band. (Even those two "obvious" points deserve some qualification: have you ever had the experience of going through a used cd section and seeing someone you'd never loved, but been mildly curious to hear more of, and decided to go for it because it was only like $2?) But, take two bands of similar style and quality (who are therefore likely to have fan bases that largely overlap), and price can be a very significant factor.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    5. Re:Economics of Piracy by tepples · · Score: 1

      With digital media, government gives monopolies to companies (for a limited time) for their intellectual products. Competition still exists (except when they illegally collude) because the products are very similar (like if I had a monopoly on chocolate ice cream, I could only raise prices a little bit before people started buying vanilla from my competitors).

      So what product is "very similar" to Microsoft Windows operating systems? More on topic, what product is both "very similar" to that of the major labels and known to exist by the masses?

  60. Who the hell... by djplurvert · · Score: 1

    ...is linsay lohan, wait, don't asnwer that, I don't REALLY care!

    1. Re:Who the hell... by Anonymous Coward · · Score: 0

      Oh, cool we're playing this game!

      Well, I don't even own a tv! Survivor? What's that? I don't own a tv!

      You'd could talk about the latest Joey episode, but it doesn't mean a thing to me - I don't own a tv!

      PS. Pride in ignorance isn't the smartest thing in the world.

      PPS. I don't own a tv.

    2. Re:Who the hell... by djplurvert · · Score: 1

      Uh, so you're saying that she's an IMPORTANT person?

      I wouldn't know, I don't own a TV.

  61. Re:The figures show just how insignificant piracy by mOoZik · · Score: 1

    >So where's the evidence that P2P downloading caused the slump in record sales?

    There is no evidence to the contrary, either.

  62. It has nothing to do with piracy by EmagGeek · · Score: 2, Informative

    The economy was up in 2004... therefore CD sales were up as a matter of trend. As the economy improves, so does disposable income and sales of just about everything.

  63. Obvious reasons... by acomj · · Score: 1

    It takes a lot of CDs to fill and Ipod..... An awfull lot...

    That and circut citys 9.99$ for any cd made the price right for me to start getting some more music....

  64. Jeeze! by yoshi_mon · · Score: 0

    Someone mod this asshat down.

    It's morons like you that the RIAA love. You still don't get the difference between theft and copyright infringement do you?

    See there is this thing called physical property that involves tangible things. Like say for example a CD sitting on your desk. Now if I walk in and take that CD off your desk and never return it that is theft.

    Stay with me here because this is where it gets tricky. If say I take that CD off your desk, copy it, and then put it right back where it was. That is not theft, it's copyright infringement. You never lost any physical property, see the difference?

    We have different words for different things for a reason. I realize that to some people it's such a bother to get them all right but lets try here on /. at least to appear smart enough to try.

    --

    Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
  65. Hey by Perianwyr+Stormcrow · · Score: 2, Funny

    I won this debate nearly six years ago, and we're not having it again. So go home.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  66. out of sight/sound, out of mind.... by 3seas · · Score: 1

    ... piracy is good for the industry to some degree, as it brings to mind works that might then be bought. Otherwise its out of mind...

    How do I know this?

    Its simple, back in teh napster days beginnings a co worker had put together some 80's popular song CD and many ofthe works I liked and thought of getting a copy from him, that I might better be able to find the albums at the record store... something for the sales clerks to hear and help me with..

    But IP shit hit the fan about that time and I lost interest due to all the flax the industry was causing over it, and the threats they were making... it all sounded/appeared to be the result of a spoiled child when they believed something was being taken away from them in their greed...

    Not very appealing...

  67. downloading music is by Mr.NedJimbo · · Score: 1

    a communistic trait by those who want to oppose capitalism and thus drives record companies out of business.

    1. Re:downloading music is by TheRedDon · · Score: 2, Insightful

      look, music is intellectual art. Its something someone made because they wanted to. Now I won't say there haven't been people that just want to write a song to make a gold single and buy a house with that, but I will say that most artists start at least to do it for reasons other than profit. Our western capitalist culture is very picky about the reward we give for art and vise versa. Music is built up by the record lables, the RIAA, so that it can get out, but only for a profit, because if they fail then the business fails. What this creates is a mindset of THX1138, to buy and work and buy and nevermind anything else, even the motives or quality of those actions. Thus we get pop music and all the bad crap out there, but people gobble it up because someone tells them to. The industry doesn't even NEED to tell people that they have to buy anymore, that step is done with. Its a very easy advertising strategy to say "The must-have album of the year!" "You need this CD!" "An album no XXX fan should live withou!" People are already used to buying crap like it was a reflex. Someone made a great point about a price floor. When the RIAA gets greedy is when the pirates come in. Remeber when they complained about naptster, it wasn't that nothing was selling...it was that they made (and this is a hyperbole for the sake of argument however is true on the right scale) 10 bazillion dollars instead of 12.5 bazillion dollars. "Well excuse me Mr. fat cat rich RIAA CEO. I'm so freakin sorry. I should be buying your price fixed CD for $20 at boarders books&music when it cost you maybe a buck to produce." Ya right.

      "Oh but Mr. Pirate, you are cheating the poor artists out of their hard earned money. They produced the art you love so you should pay them for it."

      Again, please. The artists get a dime per CD...maybe. I'd rather burn the CD and send the artist the dime!

      The big corporations (who give money to government to get legislation...yes, it is that easy) are screwing the consumers because they already spent tons of time and money breeding a culture that does nothing but spends. Why? Because they can.

      Well, hobbes and locke were wrong. Not everyone HAS to succumb to the same social contract as everyone else to make it all work. I can get by simply by burning my music, screwing the corporate entity and sleep just fine.

      There is a sliding scale to right and wrong. There is grey in between the black and white. Stealing billions by pulling a fast one on the public is more black than white, and stealing a CD from those giants is more white than black. They are both grey, both wrong, both right. You can thank capitalism to that, well at least the american version of it.

      Make music to be appreciated, appreciate the artists and see them when they come around to play. Thats where they get their money. Revolt against the corporate. Give your business to small labels that don't gouge the public and don't produce crap just to sell it. There are things we can do as a consumer force.

    2. Re:downloading music is by kilfarsnar · · Score: 1
      "...it was that they made (and this is a hyperbole for the sake of argument however is true on the right scale) 10 bazillion dollars instead of 12.5 bazillion dollars."

      This really boils it down for me. Right, wrong, theft, copyright infringment, whatever. In this case I don't care. Personally, I just don't have any sympathy for rich people whining about how they aren't getting richer. And that is what all of this looks like to me. Making money today is no guarantee that you can make money that way tomorrow. I buy CD's and I download from P2P. But I would not care if the record industry went out of business tomorrow. Music was around before them, and will be around after.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  68. Isn't this normal? by Anonymous Coward · · Score: 0

    I mean that's about what the US population has grown in the last year no?

  69. Re:The figures show just how insignificant piracy by program21 · · Score: 1

    But the record companies are still making a profit. File sharing may be costing them 'potential' profits, but it is not causing them to lose money. They aren't operating at a loss, they're still covering their expenses and then some, and file sharing isn't costing them money.

    --
    This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
  70. Give credit where credit is due... by Lead+Butthead · · Score: 1

    You can bet some lawyers and desk jocks is busy padding themselves in the back for their "aggressive enforcements of copyrights" that "resulted" in the boost...

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  71. indy retailer by SatanMat · · Score: 1

    What is sad is that the Guy who runs our local indy music store Gave me 6 (six) cd's full of MP3s when I asked him "what new stuff do you have?"

    He said he just down loads stuff like every one else because the RIAA only cares about themselves not the industry (the whole chain, from artists to retailer) as a whole...

    I just laughed... then loaded them onto my new ipod.

    1. Re:indy retailer by Anonymous Coward · · Score: 2, Informative
      He said he just down loads stuff like every one else because the RIAA only cares about themselves not the industry (the whole chain, from artists to retailer) as a whole...
      This isn't unusual in the industry at all. I have to obscure the timeline a bit to protect the innocent, but approximately ~2 years ago, I was a close friend of a local radio jock in a top 25 market. He handed out CD's like candy. Won't name any bands because again I want to protect the innocent, so I won't even go into the genre. But he was literally giving me 10, 15, 20 CD's a month, they all had the UPC code etched out, that was it, they were otherwise perfect copies of brand new CD's. Month after month.

      It all came to him free, via the station, via the record labels who were trying to pimp their latest product. Multiple copies of stuff. He had no use for them so he'd give them out to his friends, thousands of CD's a year. The sad part is, all this shit got charged back to the bands in marketing/promotional fees. The labels could have sent 1 CD to the station but no, they'd send a box full, it was all waste.

      Here comes the corroboration to your story.

      Half the stuff this guy played during his shows, he downloaded off Gnutella. I watched him do it and occasionally I did the downloading for him. The station didn't have all of the stuff he wanted to play (he had kind of a specialty show), and the labels weren't sending free 10-packs of promo CDs for the stuff he wanted to play. So he downloaded it and played it. And the PD and station manager didn't give a shit, they pretty much encouraged him to do it. And nobody ever got on to the station about it, either.

      I wonder how many radio stations out there are pulling their playlist off Kazaa these days because the labels won't send them what they want to play, but instead are sending them boxfuls of CD's that they DON'T want to play or don't know what to do with.

      Wait, did I say record labels? I meant independent promoters! Totally different entities, there is no payola anymore! Yeah! That's it...
  72. Re:The figures show just how insignificant piracy by MightyMartian · · Score: 1

    What an incredibly compelling response, however, since it is RIAA making the claim of harm, it's up to RIAA to provide the evidence to back up their assertion. Are you suggesting I simply take their word?

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  73. Lindsay Lohan... by Anonymous Coward · · Score: 0

    ...has got some big ass titties.

  74. Bursting bubbles by buss_error · · Score: 0
    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma."

    Not to bust your bubble or anything like that, but "Little Susie and Grandma" are just as much intellectual property theives as the guys selling fake merch, provided:

    the music isn't captured from CDs they own.

    the music isn't recorded off the air by them.

    they didn't get it from a friend.

    they didn't pay for the copy in any way.

    Not being an attorney, don't take this as legal advice, because it's not.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    1. Re:Bursting bubbles by Anonymous Coward · · Score: 0

      Problem is your wrong as suzie or grandma unless re selling this music it is unclear wether they are breaking the copyright laws... that said those who do sell copyrighted material should be sued, i think the RIAA is stupid if the economy had been static over the last 6 years then imho cd sales would have increased. the RIAA have missed a huge marketing oppurtuinty otherwise called by the rest of us as P2P, now they're pissed about it and sueing people left right and center.

      Further they are tring to implement cd copy protection that is easier to circumvent then use an ipod.
      What I dont get it why doesnt the RIAA see these figures as the truth and that P2P is good for the music industry

  75. Could someone just get honest... by Genda · · Score: 5, Insightful

    It's now clear and obvious (as it always was in spite of the FUD), that the intent of the music and motion picture industry (and the larger media conglomerates that own and manage them) has never been to prevent piracy. In fact it's not even about maximizing profits.

    The behavior is perfectly consistent with the abuses against all IP being waged by corporate entities and their legal minions, in the pitched battle to own, control, restrict, and monopolize all human knowlege, invention, and the freedom to create. In a world that has substantively shifted to an information economy, the owner and controller of all IP is king.

    We're all quick becoming pawns in a war between human freedom and self determination, and corporate design. The science of shaping opinion, controlling the masses, and disinforming entire nations for fun and profit is run riot directly over the ethical and social designs of our forefathers. We are confronted with the conundrum of the successful operation that kills the patient, and in this scenario, you and I are the patient. Either, collectively as a people, we get some backbone, and a whole lot more intelligence, or we can expect to obsolete ourselves in the next several decades.

    This is simply one more expression of our own ignorance, the worst of our animal nature, run amock. The beast that blindly grabs for the reins of all human enterprise is without foresight, mind numbingly stupid, infinitely self absorbed, and manned by men with the conscience of politicians. It's up to us (that would be not only the person writing these words, but also the people reading these words), to lay down new laws, build new barriers to barbarism, and set the stage for the next 200 years of human development. The alternative, is a furture shaped a lot like the fossil record for all of us naked apes.

    Genda

    1. Re:Could someone just get honest... by LardBrattish · · Score: 1

      It's more than that - we've allowed the phrase "Intellectual Property" to become meaningful. If I can't program without being frightened of violating a patent I've never seen something is really fundamentally wrong with the world.
      Saw a documentary a couple of nights ago. Corporations pass every measure of psychotic behaviour. They have all of the advantages of being a legal entity without having any of the responsibilities, morals, or disadvantages.
      If a corporation kills people through it's own culpability it simply gets a fine (if that). Try doing the same thing as an individual & see how far you get!
      If corporations are going to act in a psychotic way there should be at least the same legal sanctions available to take them off of the street...

      --
      What are you listening to? (http://megamanic.blogetery.com/)
  76. 666 M Albums sold. by Truth_Quark · · Score: 1
    And let he who hath understanding reckon the number of the beast ... and no man might buy or sell [music and other IP] except he that has the mark of the beast or the number of his name.

    St John is clearly discussing DRM in the above passage of revelations. The consequence is clear. All those who us longhorn will be dooming their souls to an eternity of torment!

    Take heed! Only through the words of the great prophet Torvalds can salvation come! Suffer thee not the DMCA, for that path leads to damnation!


    ... or something ...

  77. Public Domain by Anonymous Coward · · Score: 1, Funny

    Considering how many times copyight has been extended I think enough has been robbed from the public domain that all agreements are off.

  78. Responses like these are why you'll lose by Anonymous Coward · · Score: 0

    listen, if you're all going to spew the same crap and not do anything productive about it you're going to lose the argument. whether or not we view music trading as stealing the government thinks it is and that's what counts here. personally, although i engage in it, i view it as stealing, too. fine, argue the semantics. ok, you've vented now. but you're still going to lose that battle in front of a judge.

    it's like the damn anarchists. they bitch and moan, day and night. but do they accomplish anything? no. they're too busy arguing semantics about whether or not it's actually theft, and whether who they're stealing from is an asshole. the RIAA can laugh all the way to the bank if you fools don't wake up and do something with all of your words.

  79. and its a good thing by Anonymous Coward · · Score: 0

    they have previews and copies of every song by every artist out there for me to decide whether i want to purchase it or not oh wai-

  80. Re:The figures show just how insignificant piracy by Anonymous Coward · · Score: 0

    I realize all these +5 insightful posts are more about sentiment than fact or legitimate argument. At the same time, everybody knows that DVD sales took off at the time CD sales were slumping. Plenty of people said DVDs were replacing music as a form of entertainment. So how does this argument make any sense?

  81. I do both - legal an gray by NotQuiteReal · · Score: 1
    I am buying music from places like allofmp3.com (Russian site - prolly not legal) AND buying CD's from brick-and-morter local stores in greater quantity than ever before.

    Why? a) because I can, and b) because the real CDs are getting cheaper.

    At least they seem cheaper to me. I don't remember "$9.97 Tuesdays" a few years ago, and $9.97 doesn't mean as much to me as it used to.

    So, is my "a" behaviour, helping my "b" behavior become more affordable? I dunno, but I am sure the "b" behaviour contributes to the %2.9 gain in sales.

    I wouldn't have done it without the "a" behaviour, however. And I sure as hell won't buy any CD's if "they" hassle me for my "a" behavior.

    [Yes, I know I randomly spell in American and English]

    --
    This issue is a bit more complicated than you think.
  82. I know it's been a while since I got laid... by Anonymous Coward · · Score: 0

    ...but what the hell are ass titties?!?

    1. Re:I know it's been a while since I got laid... by Anonymous Coward · · Score: 0

      should be big-ass titties? Right?

    2. Re:I know it's been a while since I got laid... by Anonymous Coward · · Score: 0
      what the hell are ass titties?!?
      Bran muffins. Brown rounds. Pick your euphamism. Ass titties are butt cheeks, man.
  83. not to be pro RIAA or anything by Anonymous Coward · · Score: 0

    But it seems its they are just making up for their losses

  84. Selling Music in Asia by Simonetta · · Score: 1

    On my first trip to Hong Kong in 1967, I found that it was common for the record stores to make a tape with recordings of customer's selected albums on it.
    For a 1800ft Reel-to-reel tape, you would select about five albums. The store would record the albums onto the tape. You would pay for the blank tape and about $1 or $2 US for each album's recording. The albums cost about $5 US in Hong Kong at that time.
    This was quite common and accepted business practice at every record store except the poorest, smallest ones. I never realized that it wasn't standard practice world-wide until I came to America.

  85. TV by Trejkaz · · Score: 1

    Watching music TV is stealing too, if you don't sit through the ads.

    --
    Karma: It's all a bunch of tree-huggin' hippy crap!
  86. Grandma? by Anonymous Coward · · Score: 0

    Hey grandma... you have so big eyes...
    hey grandma... you have so big federal badge...
    hey grandma... you have so big subpoena...

  87. in a fair market by themusicgod1 · · Score: 1, Interesting

    Audio cds would cost damn near nothing because the market is capable of providing audio for free, 99 times out of 100. P2P piracy is a perfectly good example of market efficiency; self interested agents finding the lowest cost of goods, in this case at no cost. Sellers seeking to maximize their profits can risk being the 1 out of 100 by selling their goods at a higher cost than zero, but their time and resources could be better spent getting them a higher ROI elsewhere. The RIAA seems to think that the equilibreum is nowhere near what it is, so we instead get 30$ cds and 40$ dvds(still!? I thoguht they were slapped on the wrist for that!), with a government order in some cases that you must purchase media from the big companies, or not consume at all(unless you're lucky enough to know how to get independant music, not always as easy as it sounds). Governments and industry should subsidize P2P, if anything, in return for fscking up the market by attacking it for so long. Piracy is perfectly fair, so long as markets are perfectly fair. If those in the music industry cannot make as much profit as they desire, then they must find a new industry. You do not necessarily have the right to excessive profits in a free market.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  88. damn!-Debt. by Anonymous Coward · · Score: 0

    "Now the economy is on the upswing, and surprisingly people are spending more on leisure items like music."

    Either that, or we're hewing to American tradition and digging ourselves into more credit card debt. Just wait till the dollar blows out, the housing market falls, and the middle class disappears. You'll be wishing for the good old days of 2004, and pirating, being the only thing you had to worry about.

  89. A thief [in the bush...is worth nothing] by Anonymous Coward · · Score: 1

    "Yeah, that's called civil disobedience."

    That's funny. I don't remember Gandhi, or MLK hiding behind any P2P programs.

    This must be the "new and improved", "civil disobedience" model (Pat. Pending). The one that causes sales of ones enemies to go up, and even more of our rights to disappear.

    So here's what I and the American public have to say to you. STOP HELPING US!

  90. Don't feed the troll by Anonymous Coward · · Score: 0

    Mod parent -1, Flamebait.

  91. open source entertainment-Couldn't get a loan. by Anonymous Coward · · Score: 0

    "Any time I've heard a decent band get produced by a 'big name' producer, the music has come out sounding soulless, tinny, lacking mid-bass, and poppy, whereas the studio session in the padded and mic'ed garage sounded terrific."

    Good for you. Now try and extrapolate your opinion to everyone else.

    "Maybe if Americans cared more about art in music than production values, none of this would matter, because if you could produce an album in a few weeks with a few hundred dollars worth of equipment and distribute it cheaply online you wouldn't be as fucked."

    Guess that explains why that tape plant closed.

    "Incidentally, how do you justify the fact that the artists have to reimburse record companies for the $100k+ loan on studio time from the meager $1/CD that they get from sales? Why does the record company take 90% of profit AND force the artist to pay them back? Oh yeah. That's why we hate the RIAA in the first place."

    Do you harbor such feelings towards your mortgage company? How can they justify you paying them back for that loan. On your meager salary? Oh yeah. That's why we hate mortgage companies.

    1. Re:open source entertainment-Couldn't get a loan. by jonwil · · Score: 1

      But if the mortgage company was the one paying your sallery and they were making record profits whilst paying you a pittance, you might have a complaint.

  92. but...Bird Brain. by Anonymous Coward · · Score: 0

    "Without actually confronting pirates because pirates are scary ...arrrgg. In fact, Pirates would kick there F'in ass back to twatville, California. (where ever that is.)"

    And yet the irony in hiding behind an anonymous, P2P program is lost on them.

    "Don't make me take this parrot off my shoulder...!!!!!!!"

    Why would you take off the smarter of the two?

  93. Just a pricing point... by El+Camino+SS · · Score: 4, Insightful

    Pirates of the Carribean DVD... $18.

    Pirates of the Carribean Soundtrack... $18.

    That is why few purchase CDs anymore.

    1. Re:Just a pricing point... by RPoet · · Score: 1

      That is why few purchase CDs anymore.

      How can you say that in comment to a Slashdot story titled "US CD Sales Increase in 2004"?

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
  94. RIAA probably think it's still worth it by Jugalator · · Score: 1

    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma.

    You do understand that they think they'd increase sales with, for example, 5% if they didn't try to stop piracy?

    And who's to say they aren't right? Neither you or I have seen how much they'd sell without piracy.

    --
    Beware: In C++, your friends can see your privates!
    1. Re:RIAA probably think it's still worth it by Anonymous Coward · · Score: 0

      Sorry, too early in the morning...

      Should of course have been "had succeeded in stopping piracy"... grr

  95. Never mind that the recording industry cut .... by Anonymous Coward · · Score: 3, Interesting

    The recording industry cut production by 20%, hacked away all their low-volume artists, yet saw an 11% gain in sales during the HEIGHT of the Napster boom.
    We never heard an explanation for that. Hmmm.
    No one questions the RIAA on these issues. The big labels cut all their dead weight, low-volume artists, cut production, yet saw an increase in sales?
    I have a friend that works for a niche label, and he saw the changes coming, and was happy to sign some of these lower-volume artists as it strengthened their catalog. Some of these artists were considered out-of-reach for the niche labels. And many of these labels saw their sales skyrocket, compared to what they had been before. Admitted, they weren't going to compete with Sony or the other big labels.
    Yet the RIAA claims that they were losing billions due to pirates... when the worker bees at the labels tell us that they use the P2P info to see what's interesting to the listeners, and they report increased sales on those artists? Smells like serious smoke and mirrors by the RIAA. Face it. The RIAA is using this situation to try and dictate legislation rather than adapt.

    I think that, more than anything, we've seen a lull in "talent". Face it. We've not seen a Michael Jackson or a Nirvana. No blockbusters out there... and it's been awhile. Justin Timberlake? Britney Spears? Ashlee Simpson? Forget it. No talent hacks with fantastic marketing juggernauts behind them. That's it. They are products of technology. Lip-sync and auto-tuners. Fancy dancing with a lot of costumes. There's so little that's interesting music. REM and Dave Matthews haven't had knockout material in a few years. U2 is ok, but not what they were in the late '80s until the mid '90s. Name a rapper that's tearing up the charts? Hmmm. Still thinking...

    1. Re:Never mind that the recording industry cut .... by swv3752 · · Score: 1

      That's because the radio is a wasteland anymore. You hear the same twenty songs with a couple of older hits.

      --
      Just a Tuna in the Sea of Life
    2. Re:Never mind that the recording industry cut .... by bitingduck · · Score: 1

      LA Weekly had a couple articles about this a few months ago-- Myths Debunked and New Small Future
      that pointed out that overall CD sales were going up, but the sales of the biggest sellers (i.e. the stuff produced by RIAA members) were going down drastically.

      There is a lot more depth to list of CDs that people buy than the major labels would like (the majors want to stamp out enormous numbers of a few titles and not have to deal with the breadth of catalog that listeners seem to want), and a lot of it is due to the increased access to samples of alternatives that people get through filesharing. Filesharing has probably replaced radion for many people as their source of introductions to music, and it allows them to find things that they otherwise would never be exposed to via the conventional RIAA/Clear Channel sources. Niche labels are doing well as a result, because they get the free marketing and people go on to buy the CD, either to support the band or for the higher quality, or maybe for some other reason.

      There are even bands that have given up with labels and are dealing the CDs themselves-- They Might Be Giants is one, and Einstürzende Neubauten is another. They seem to prefer both the greater control over their work and not having to get paid through a label.

  96. A thief? Hardly-Lawyer, heal thyself. by Anonymous Coward · · Score: 0
    "Sorry to "take issue with the word 'theft'", but it is significant, both in a legal and moral sense. Legally, theft is defined as taking something with the intent to permanently deprive the owner of it, therefore downloading music is not theft. It is copyright infringement, which is a very different legal concept."



    "9A.56.020 Theft - Definition, defense. (1) "Theft" means:
    (a) To wrongfully obtain or exert unauthorized control over the property or
    services of another or the value thereof, with intent to deprive him of
    such property or services; or
    (b) By color or aid of deception to obtain control over the property or
    services of another or the value thereof, with intent to deprive him of
    such property or services; . . .[Emphasis mine]"


    "Copyright protects digital property, whether it is a literary or artistic work, or a dramatic work, cinematographic production or a screen play. The fact that it is fixed in digital form does not generally make a difference to the way it is viewed by the law. "

    Also since slashdotters love to educate themselves about issues.

    [The Digital Dilemma: Intellectual Property in the Information Age (2000)]

    http://www.nap.edu/books/0309064996/html/

    Online and readable.

  97. Could someone just get honest...End Times. by Anonymous Coward · · Score: 0

    Well to sum up my position...it's complicated. I know everyone wants a black and white, one answer only. There is none, and especially one that will make everyone happy.

    However I will say this. IP is going to be the least of man's worries. Any more than that, you all will simply have to pay attention these next two years.

  98. Morality by RealBorg · · Score: 1

    For my part I stopped buying CDs when the RIAA started suing their customers and also stopped buying DVDs when the MPAA followed their lead.

    Even if the MAFIA paid the lawmakers to make BLACKMAILING legal, would still be IMMORAL.

    And don't forget to let the artists know that you would really like to buy their music but don't want to support an industry that rather sues their customers. At least under german law this could turn the tables as it gives the artists the right to cancel their contracts.

  99. Re:The figures show just how insignificant piracy by curious.corn · · Score: 1

    One could argue that p2p sharing kept the momentum high during the slump rather than differentiating interests while disposable income was reduced. So now the RIAA still has a willing consumer base rather than a new generation of jigsaw puzzle enthusisasts whose misdshare they'd have to fight all over again. (think dvd home theater consumers... isn't mpaa riaa's greatest competitor?)
    That's smart spin, ain't it? ;-)

    --
    Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
  100. Hello, Bill Gates! by Anonymous Coward · · Score: 0

    Did you enjoy your speech at the show?

  101. You too? by Anonymous Coward · · Score: 0
    I just got back from a trip to South-East Asia, and in Thailand, Cambodia and Laos it was rediculous how every single music store sold bootleg CDs.
    I just got back from a trip to Southeast Asia, too. We were trying to arrange some business meetings to sell our products to the locals. Unfortunately we were given the impression that the legal climate in the region was not favorable.

    Everywhere we went, people were shouting their desires to "sue NAMI." All we wanted to do was arrange favorable tariffs for the importation of our products, but it was all "sue NAMI, sue NAMI, sue NAMI!" These people are crazy, a bunch of uncivilzed heathens living in tents. They wouldn't even buy any of the CDs we brought, they were too busy trying to "sue NAMI."

    As best as we can tell, they want to sue the North American Music Industry. So we left in a hurry and won't be going back to Southeast Asia anytime soon.

    D. Cheatham Howe
    Legal Counsel, RIAA
  102. He did kick your ass by Anonymous Coward · · Score: 0

    Honestly, he's funnier and smarter than you.

    You're a dumb piece of crap.

    (you would have said "your" instead, proving that you're a dumb piece of crap)

  103. Heh. At first glance. . . by Fantastic+Lad · · Score: 1
    I thought the headline read, "USED CD sales"

    Because, you know, it's such a hotly pursued statistic.

    Anyway. . . The RIAA, it just struck me, isn't about what they say they are about. --They may THINK they are what they say they are, but I say they aren't and that what they think they are and what they really are, are different, see?

    Just keeping people stressed out. Like having a nice big tap stuck in a maple tree, drawing off the sweeeeeet sugar water of low-level human misery.

    Yes, I am out of coffee filters. Why do you ask?


    -FL

  104. No, the RIAA should jsut shut up by nurb432 · · Score: 1

    And not go after anyone.. as obviously they are getting an advantage out of p2p sharing..

    --
    ---- Booth was a patriot ----
  105. is this even news? by aichpvee · · Score: 1

    We see this same sort of thing every year at this time. The first year it was all cool because it could be pointed out that the RIAA is full of shit on P2P file sharing of music. The second year just reinforced it. But at this point isn't it sort of redundant? Their sales grow every year, wh00h00!

    --
    The Farewell Tour II
  106. a BBC study breaks the news... by jeff13 · · Score: 1

    ... because no American study would be allowed by the RIAA and they would make sure that the truth would never be known... certianly not in a court of law.

    Tell me... how many people are in jail because the RIAA lied and used it's massive corporate power to bend the courts to thier will?

    How many thousands of supeonas did the courts hand out to criminalize and jail people for doing something that injured no one? Typical Americans.

    Isn't this an indictment of the entire MP3 saga?

    Helloooo???

  107. Someone who attacks ships on the high seas by ColourlessGreenIdeas · · Score: 1

    The definition is clear. No parrots, eye patches or dodgy files are needed to be a real pirate.

    --
    In soviet russia stale jokes recycle you!
  108. Re:Not just South Africa by Anonymous Coward · · Score: 0

    In Greece music and DVD movies are alot more expensive than the price in the United States for CDs and movies. The VAT has alot to do with it, VAT tax is a killer all over Europe.

    So beep, no you are wrong.

  109. Despite? by Anonymous Coward · · Score: 0

    ... how about "Due To"?

  110. Get over yourself by goldspider · · Score: 1

    You aren't fighting for fundamental human rights here. You simply don't want to pay for music, and are trying to defend copyright infringement by comparing it to an unquestionably just cause.

    That you would invoke the name of Dr. King in defense of your petty wants is an insult to real freedom fighters.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:Get over yourself by MacDork · · Score: 1
      You aren't fighting for fundamental human rights here.

      Oh I'm not? How about freedom of speech. Somehow, I thought that was generally considered a fundamental human right in most free nations. Copyright law needs drastic reform, but not of the kind Hollywood envisions.

      That you would invoke the name of Dr. King...

      Funny, I don't recall mentioning MLK, Malcolm X, or any other central figure in the civil rights movement. Perhaps you simply want to cloud the issue and steer the debate to one about race.

    2. Re:Get over yourself by goldspider · · Score: 1
      "Oh I'm not? How about freedom of speech."

      I'm sorry but my dictionary's definition of "free speech" does not include "downloading copyrighted music without paying for it".

      "Perhaps you simply want to cloud the issue and steer the debate to one about race."

      I'm sorry friend, but it was you who brought race into this with your reference to white-only water fountains. Your comparison of wanting free (as in beer) music to the civil rights movement of the 50's and 60's is insulting at best.

      You aren't talking about people who are publicly fighting a law they perceive as unjust. You're talking about people who hide behind anonymity and break the law for their own gain.

      --
      "Ask not what your country can do for you." --John F. Kennedy
  111. the lesson... by poptones · · Score: 1

    All that, and you seem to have overlooked one fantastic lesson. You complain about people who make all this money while robbing artists, then trivialize it when it's one or two or ten?

    In that very long rant, the one thing I heard over and over was "screw the man cuz he's got money."

    When you perpeptuate that legacy content IN ANY WAY you are not "fucking them in the ear" you are just helping preserve their power. Those direct payments you claim you'd be OK with? It ain't gonna happen so long as the artist is tied to one of the old school majors - and pirating their content only sends the message to the artists that hey, there really IS something to be had from this, cuz I couldn't even give away my shit before they hyped me on MTV.

    Youyr hypocrisy is fucking your own self - and every artist who longs to be free, and every geek who embraces freedom.

    Cheating corporations isn't screwing them. Cheating corporations only proves to the corporations - and to the lawyers, and to the public when it comes out on the news that you were cheating them - that they really do have something of value. Hey, if it had no value why would you cheat themn out of it?

    If you want to "fuck'em in the ear" stop cheating at the game. Leave them to their game and go elsewhere. Go offshore where thousands of great artists go unknown in the US. Go to Magnatune where artists actually get paid. Freedom is not won from being a hang-around-the-fort-indian.

  112. Screw Napster; I'm going to pawn shops by tepples · · Score: 1

    That said, if you are paying $2 for a CD that should cost $20, then that should be enough notice to suggest to you that you're not getting the real deal.

    Or that I'm buying 10 or more used CDs at a pawn shop that offers a 10 for $20 deal.

  113. Lindsay Lohan by tripie · · Score: 0

    Lindsay Lohan Commenting on /. Girls read /.? Ok flame now

  114. Walkman? by tepples · · Score: 1

    Maybe when DVD-A or SACD takes off we'll see a big spike in music sales too.

    I'll have to see an SACD Walkman before that happens.

  115. Re:The figures show just how insignificant piracy by swv3752 · · Score: 1

    Other than the economy was in a recession and CD's are very much a luxury item. If I am even concerned about if I will have a job next month, I am more likely not to spend money on frivoulous items like CDs. Even if there was no P2P downloading, one could still just listen to the radio.

    --
    Just a Tuna in the Sea of Life
  116. CD + DVD by CrazyTalk · · Score: 1

    There seems to be a trend of packaging DVDs along with CDS - something you cant buy on iTunes or easily pirate. Witness the recent U2 and Goo Goo Dolls albums. Thats what the record industry need to do to drive sales - innovate.

  117. Payola by tepples · · Score: 1

    But, take two bands of similar style and quality (who are therefore likely to have fan bases that largely overlap), and price can be a very significant factor.

    Promotion is a bigger one. Take a band on a major label vs. an independent band with roughly the same sound; the major label band can move more product at a higher price because more people know that the major label band exists.

    1. Re:Payola by Galvatron · · Score: 1
      Sure, no question, promotion matters too. It's not the end-all be-all, though; most folks backed by major labels still fail in their first year.

      As for the question posed in your other post (who competes with the major labels?), the answer is that they are supposed to compete with one another. Now, as we know, there was a court case that they lost a couple years back for illegal collusion, which is why I added that caveat.

      As for Windows, there are interoperability issues, making one operating system a much poorer substitute for another. Therefore, rather than thinking of it as flavors of ice cream, one could think of it like a monopoly on ice cream in general (with your competitors selling cakes and chocolate), or even on dessert in general (with your competitors selling vegetables, meat, cheese, etc.).

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  118. The problem is cartel pricing at RIAA. by MtViewGuy · · Score: 1

    I think the biggest problem here is the fact that the member music companies of the RIAA has pretty much set more or less a pretty specific price range for new album-length audio CD's.

    There's one problem here, though: the RIAA set this price range so high that it has created an economic incentive the circumvent these prices. Why do you think the original Napster became such a big hit--customers were tired to paying up to US$18 per album-length CD and also found that online stores only subtracted a few dollars from the brick and mortar store price. A few stores priced their new-release CD's at around US$10-US$11, but these were more or less loss leaders intended to drive customers to the store hoping they'll buy the more expensive non-discounted CD's.

    That's why the iTunes Music Store became such a huge success. You can buy essentially a full album for under US$10 (without waiting for a sale!) using downloaded AAC music files that could be easily burned on CD-R discs.

    The RIAA needs to stop the vast overpricing of their product and reduce the price of a new album-length CD to under US$12, which will cut substantially the economic incentive to pirate music.

  119. Like OJ's "real killers" by x736e65616b · · Score: 1

    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma.



    I wonder if slashdot will ever figure out that Susie and Grandma are "real pirates" too.

    This sounds so much like OJ's search for the "real killers" it's not even funny.

    -j

  120. to be fair.... by rbird76 · · Score: 1

    while the distinction you're making is correct, you are in fact depriving the copyright holder of something - his legal right to control the distribution of his work. Copyright gives him a limited licence to control non-fair use distribution and copying of the work - without that licence there is far less incentive for many to produce the work. The person copying it has decided that they rather than the copyright holder should have that right - since the licence is exclusive, if someone takes it, they have in fact deprived the copyright holder of something.

    This isn't to justify many of the questionable parts of copyright law or the RIAA's "logic" (or the inconsistency - taking artists' and users' copyright privileges is not theft but copying the music is) - but it is salient to note that people who copy music and set it out for mass distribution are doing something which fits the definition of "theft".

  121. I wouldn't... by OhHellWithIt · · Score: 1
    Sounds like the RIAA should be going after the real pirates, not little Susie or Grandma.

    I wouldn't buy CDs from little Susie or Grandma, if I were you. Little Susie's reputation was shot some years ago, and Grandma suffered a tragic holiday accident, putting her out of business for a while.

    <sorry>

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  122. Wait a Minute by MacWiz · · Score: 1

    Just read through a ton of posts here. There's one thing no one mentioned.

    The RIAA did not just announce increased sales. Nielsen SoundScan did. Last year, SoundScan reported selling about 25 million more records than the RIAA said they shipped to retail. About the same as the year before.

    The RIAA does not announce its year-end "statistics" until late Feb. or March, which never address how many records are sold, just how many the factory shipped out, which includes all the copies that went to record clubs, deejays and giveaways.

  123. My listening habits by pebear · · Score: 1

    The truth is that most comercial radio is crap. I spend time listening to web radio looking for whatever peaks my interest. Then I might go to P2P and download as much MP3 from the new found band and listen some more. When I want to make that music part of my permanent collection I will purchase some CD's and Rip to my specifications for my permant collection. The P2P becomes a part of my sampeling tool that I use to see if I actually like the music enough to purchase it.

    --
    Paul E. Bahre
  124. Evangelism? by tepples · · Score: 1

    But only if we stop giving them money.

    Who are these "we" you speak of? The RIAA can survive without Slashdot users if it keeps on getting money from the sheeple, especially people under 21 who wouldn't know indie music if it bit them because they're forbidden by law from entering virtually all venues where it is played. Any suggestion of reducing the RIAA's power by reducing demand for its member labels' products has to be backed up with methods of evangelizing to the people who actually buy RIAA labels' products. Remember that listeners in motor vehicles are a captive audience who often have access only to commercial radio, and indie labels generally can't afford to buy a 3-minute spot on commercial radio.

    1. Re:Evangelism? by Cyno · · Score: 1

      Yeah, you're right. I guess in the theoretical sense of "we the people" it might be possible to get rid of the RIAA. But in reality it just isn't possible. Too many differing opinions and invested interests.