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Court Action Does Not Reduce File-Sharing

gollum123 wrote to mention a BBC report that despite numerous court cases, litigation does not appear to be reducing the amount of file-sharing. From the article: "The level of file-sharing has remained the same for two years despite 20,000 legal cases in 17 countries. The International Federation of the Phonographic Industries (IFPI) said it was 'containing" the problem and more people were connecting to broadband."

30 of 233 comments (clear)

  1. Obviously by Rekolitus · · Score: 5, Insightful

    The more people that take court action, the more bitter people will be, and the less likely people will buy from them.

    1. Re:Obviously by AoT · · Score: 4, Insightful

      Indeed.

      The tighter they clench their fist, the more files will slip from their grasp.

      But really, look at this logicaly. The record companies never thought they could stop this with law suits, they were forced to sue to keep the idea that downloading music is wrong in peoples heads. This is a rear-guard action while the big companies work on new business plan. Of course, whether those plans work or not is another story.

    2. Re:Obviously by Anonymous Coward · · Score: 2, Insightful

      Exactly, people should stop buying from such an industry and instead buy only from independent labels or directly from the artists.

    3. Re:Obviously by mboverload · · Score: 5, Insightful

      > The more people that take court action, the more bitter people will be, and the less likely people will buy from them.

      Yep.

      Unlike some people, I have NO problem with the music they produce. I'm one of those losers that like Green Day. I like mainstream music like Dashboard Confessional, Fall Out Boy, or even Justin Timberlake. Big fucking deal. Sue me.

      However, I can't buy msuic from them on principal. Just like I wouldn't buy blankets from the online Al-qaeda shop, I can't buy music from them. Yes, an extreme example but it lays out my point in black and white:

      I don't buy things/support people/companies I think are "true evil".

      I don't buy from Walmart, I don't buy music from the RIAA, and I don't buy ten year old girls from the local human trafficker.

    4. Re:Obviously by AoT · · Score: 2, Insightful

      Nah, one of my roommates bought a song off of iTMS the other day and the rest of the house made fun of him mercilessly for a week.

      And pepsi is only ok to buy if you get liquor to go with it.

    5. Re:Obviously by bladernr · · Score: 2, Insightful
      I don't buy things/support people/companies I think are "true evil".

      If you were truly taking a principled stand, you would stop listening to the music altogether. It seems like you are trying to justify knowingly breaking the law with the reason "I like it." Interesting principled stand: "But I like it...."

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    6. Re:Obviously by umofomia · · Score: 2, Insightful
      If you were truly taking a principled stand, you would stop listening to the music altogether. It seems like you are trying to justify knowingly breaking the law with the reason "I like it." Interesting principled stand: "But I like it...."
      Isn't the statement of a principled stand even stronger if you actually do like the product? If you didn't like the product, you wouldn't have bought it anyway, so how is that a statement? If you do like the product but refuse to buy it because of the ethics of the seller, then you are actually making a statement because you are actually depriving yourself of something you would have bought otherwise.
    7. Re:Obviously by Anonymous Coward · · Score: 2, Insightful

      That's like saying if Rosa Parks were truly taking a principled stand she would have walked instead of stepping on the bus in the first place. When your principles are in conflict with the law, the only principled action is to knowingly break the law. How convenient that your interpretation of principles ensures that corporate profits aren't threatened.

      Down with the RIAA! Down with copyright!

    8. Re:Obviously by Anonymous Coward · · Score: 1, Insightful

      I learned that lesson on 9/12/01,
      please refrain from writing dates in such a retarded fashion. i have no idea what day you're talking about, was it 1 day after the september 11 attacks? was it 16 days before christmas? nobody can tell since you americans always have to have your own fucking way of doing things, incompatible with the rest of the world.

      for future reference 9-dec-01 (or 12-sept-01) or 2001-12-09 (or 2001-09-12) will prevent such confusion. you wouldnt write the time MM:SS:HH, why do you fuck up the date?

  2. Makes perfect sense to me... by balloot · · Score: 5, Insightful

    The people who get nailed in court for file-sharing seem very remote. It just doesn't seem like a file-sharing conviction will ever affect "normal" people who just use Limewire every so often when they need something. These people make up 99% of the file-sharing population.

  3. You mean... by Pantero+Blanco · · Score: 5, Insightful

    1. People don't think that it's a big risk if there's a 1 in 100,000 chance they'll be the next one sued (especially if they don't swap too much).

    2. Suing people tends to piss them off, making them less likely to buy from you.

  4. What the people want by Eightyford · · Score: 3, Insightful

    Well I think it's obvious what the people want, and that's less strict copyright laws. I'm pretty sure democracy is not about who has the richest lobbyists, so the RIAA can kiss my ass.

    1. Re:What the people want by Pantero+Blanco · · Score: 3, Insightful

      Though I want less strict copyright laws myself, I would be VERY cautious about wanting democracy in its purest form - the "people" taking by force whatever they want. The "people" don't tend to think things through, and having a republic slows things down enough so that an actual thought process can happen.

  5. Re:Once a thief by Pantero+Blanco · · Score: 2, Insightful

    Yeah, those kids who steal cookies, comic books, and CDs always grow up and get involved in armed robberies.

  6. Sometimes "misunderstood" by mendaliv · · Score: 4, Insightful

    I find the last paragraph of the article mildly amusing:
    [Mr. Kennedy] said DRM was a "sometimes misunderstood element of the digital music business".

    I wonder if he knows who is misunderstanding it...

    1. Re:Sometimes "misunderstood" by Anonymous Coward · · Score: 1, Insightful

      One man's terrorist is another man's freedom fighter. Even if it sucks to be on the receiving end.

  7. Re:Covenants by gregbains · · Score: 3, Insightful

    I wouldn't mind paying if the money went to the artist, and it was a decent price, but I'm sorry £9.99 for an album, of which the artist gets £1 (if that), it doesn't seem right. Until they sort out the corruption then I will not be doing business with them.

  8. Don't forget to crank up the phonograph by VampireByte · · Score: 5, Insightful

    They are called The International Federation of the Phonographic Industries? Wow, that explains the ancient mindset of the music industry. Imagine the automotive industry still refering to themselves as horseless carriage manufactures!

    --

    Run and catch, run and catch, the lamb is caught in the blackberry patch.

  9. The cost of litigation by Anonymous Coward · · Score: 3, Insightful

    The level of file-sharing has remained the same for two years despite 20,000 legal cases in 17 countries.

    Maybe THAT is the reason why record companies are seeing their profits decline? Court costs are not trivial.

  10. what the ...? by deep44 · · Score: 3, Insightful
    Mr Kennedy, writing in the report, said DRM "helps get music to consumers in new and flexible ways".
    If by "new and flexible", he means, "irritating and tedious", then no- I don't think DRM is misunderstood at all!
  11. Factor in growing internet population? by no_opinion · · Score: 3, Insightful

    Wouldn't we expect the level of file sharing to go up, proportional to the growing internet population? If it has, in fact, stayed flat that would indicate something is creating downward pressure. Whether it's the lawsuits or not is another question entirely.

  12. Just goes to show by ztwilight · · Score: 5, Insightful

    You can't outlaw something that people don't think is illegal. Just how outlawing liquor in the 30's made it more popular than ever.

    --
    Who moved my sig?
    1. Re:Just goes to show by Mr2001 · · Score: 4, Insightful

      ITYM "something that people don't think is wrong", or perhaps "something that people don't think should be illegal". Basically everyone knows it's illegal to trade copyrighted material on P2P services without permission from the copyright holder, just like everyone knows it's illegal to drive 65 in a 60 zone or cross the street when the sign says DONT WALK, and everyone knew back in the days of Prohibition that alcohol was illegal. They just don't care, because (1) they know they aren't hurting anyone and (2) the chances of getting caught are slim to none.

      --
      Visual IRC: Fast. Powerful. Free.
  13. Re:Lawsuits don't stop filesharing by timeOday · · Score: 2, Insightful

    I hate to agree with "The International Federation of the Phonographic Industries," but if filesharing has leveled off, I think it's reasonable to say that the suing is having some effect. Without some threat, I think free on-demand movie downloading would be spreading like wildfire, not leveling off.

  14. Re:Once a thief by halr9000 · · Score: 3, Insightful

    Something I did when I was a kid, which I'm ashamed of now, was shoplift just about everything that wasn't nailed down. And I was big into warez for a while. But now that I make a comfortable salary, my time is worth more to me than I would save by hunting down stuff online through nefarious means. (The shoplifting thing quickly faded as the risks grew when I reached maturity.)

    It would be interesting to see a demographic survey of /. visitors. I would guess that a large majority of those who are not students are, like me, nicely into middle class.

    Anyway, the point here is that while I used to pirate a bunch of music, that too has faded. Now I mostly grab free music, mostly live stuff from etree. And I'm pretty embittered by the big music business. What fools.

    However, unlike shoplifting or software piracy, I'm not really ashamed of the music piracy. All I was doing was something that was legal in the analog world. I was moving my own music from one place to another, or I was borrowing a copy of a friend's cd. And listening to a cd makes me want to go to a concert, and that's how their biz model should have worked.

    Or they can just sue everybody.

    Incidentally, I feel the same way about ripped TV shows. If I miss a show that was on yesterday, I still want to watch the show! All I'm doing is consuming what they air for free!

  15. Simple Market Explanation by dada21 · · Score: 3, Insightful

    One spends money on things others can do more efficiently.

    The price we pay is based on our assessment of the time it took to make the exact item/service we're getting.

    Music live I can see paying $15-$50 or more -- supply is low, so demand sets the price.

    Digital music has a near infinite supply. The market pushes costs to zero.

    1. Re:Simple Market Explanation by Microlith · · Score: 2, Insightful

      Glad to know music is so worthles^Wcheap.

      How about this: 30 minutes of animation can cost between $30k and $300k, or more, depending on the quality you desire.

      Multiply that by 13 for one season and you've got a lot if it's a well animated show. Multiply it by two or four (some shows run a full year) and you're chalking up hefty costs.

      I guess since recorded media has no value, they'll have to find some way of doing animation live? Apparently since it can be digitized and copied at zero cost, the work must have zero value, and apparently zero production value. Do the slashbots have some solution for things that have high fixed costs?

  16. Re:Lawsuits don't stop filesharing by DrEldarion · · Score: 2, Insightful

    if filesharing has leveled off, I think it's reasonable to say that the suing is having some effect.

    Not necessarily. There are loads of other factors out there, like the growth in popularity of pay-for-download sites and the like.

  17. Getting back to a normal relationship between by burni · · Score: 4, Insightful

    consumers and artists

    1.) artists need money to live and be productive
    2.) artists need consumers who appreciate their art work, and pay for them
    3.) consumers need artists too, because artists are the basic glue which upholds
    and inspires our culture, every decade is mostly described by their artists,
    and the artwork,

    what you think of when I say 80s, perhaps there is a famous tune floating
    through your ears, or you see a picture of the androgynous "Boy George",
    or see a black pontiac transam cruising, it´s part of our culture,
    or even parts of our identity.

    <b>artwork belongs to both society and creator </b>

    so as I wrote in the subject it&#180;s a two way relationship where no side
    can exist without the other, so from my point of view if you are an artist and create artwork, on the one hand you should have the right to sell your artwork,
    and you should have the right to prosecute those people who sell
    your creations, because this is a really damage in your oportunity to
    sell your artwork, but persecuting private fileshares, which could not
    pay for all artwork they have on their HDs aren&#180;t really a loss,

    because most of them still buy the artwork they appreciate most,
    they are consumers who are willing to pay for artwork.

    But accepting that you created artwork and release it to the public you also
    must accept that since release you don&#180;t own your creation entirely anymore,
    it becomes part of the cultural heritage of a group, a society or even the worlds cultural heritage.

    So concluding this, and citing what was said in a thread above, the more people you take to court the more bitter people there will be, the more consumers
    you will lose.

    <b>The copyright has gone mad since the "Mickey Mouse" - act induced by Bono.</b>

    In germany we call the copyright "Urheberrecht"

    Which means the right of the creator on his creation, but why should
    the copyright last longer than the creator lives, because he is dead,
    so he and his work were and are part of our culture, he participated
    on the wealth of the consumers of his artwork, so why after his death
    his artwork shouldn&#180;t be public domain ?

    Artwork isn&#180;t pure commercial, because it&#180;s part of our culture.

    a.) I&#180;m against commercial copyright violators

    b.) I provide an allowance of private and fair use,
    perhaps using a culture flat fee, where you pay non directional
    so creators of swapped artwork get a compensation

    c.) many artists owe their public success to the napsters and eDonkeys
    of the world, for example "Gorillaz"

    d.) music industry is stuck into a total commercial way of thinking,
    they forgot that those private file swappers they sue, are also mostly
    consumers, and that private fileswapping can boost record sales

    e.) we even have recuded file swapping rates, but the record sales
    are still decreasing.

    <b> Copy doesn&#180;t kill music,
    Copy is a sign of life,
    Hearing & Copying is a sign of appreciation,
    </b>
    and leads to prospering business.

  18. Re:But...internet use grew during that time frame by Ugly+American · · Score: 2, Insightful
    You would expect file sharing to grow naturally as more and more people use the internet. The fact that it has merely stagnated suggests that the litigation is succeeding somewhat. My own mother, who doesn't even use a computer, warned me not to file share the other day. She had "heard that people are getting sued".

    From what I've read on the eMule forums, I'd suspect that the lack of growth in P2P use has more to do with packet shaping than with the threat of being hauled into court. I'd also question where they're getting their numbers, especially the "870 million illegal songs" figure in the article. My understanding is that the #1 P2P application is currently bittorrent, and that the only hard data on bittorrent use is raw bandwidth consumption. Who's to say how many people are using it, or for what?

    It also seems to me that the campaign to equate downloading with theft is something of a double-edged sword. My girlfriend was dubious about the legality of downloading music directly from a band's website; she thought the RIAA might have it up as a form of entrapment. If people assume that all downloading runs the risk of a lawsuit, they may be less inclined to use legal services.

    Overall, it sounded like the typical industry PR piece on the subject: "We're winning the war against P2P! DRM is really good for you! Buy our ringtones! etc."
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