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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."

28 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 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.

    3. Re:Obviously by Anonymous Coward · · Score: 4, Interesting

      Copyright was never about the experience, it was always about the product. They want a copyright on the experience of something; afterall, the Eifel tower is an experience and it's copywritten, as is times square in new york. You can't take pictures of it; security guards will forcibly confiscate the film. Same goes for a number of other things in America.

      Copyright was always for the profitable production of various works; works being vynle records, tape casetts, music rolls, ect. It's come to the point where it's now on the experience of something, which it was never meant to be. But pioneering judges and profiteering politicians have sold their power for profit and in their attempt to gain an income, have sold off nearly all of their vested commodity.

      Frankly, if you're sharing music, you aren't a bad guy. If you're on the streets of Chicago selling burned CD's and harddrives full of various works then yeah, your but should be busted because you're selling a product, not sharing an experience.

      It may seem sad to some that we now have been spoiled by this technology. Frankly, technology has brought us closer together, and we have now nearly reached the ultimate goal copyright set out to achieve; a technology that lets everyone produce and spread experiences and media, for free. The new market, undoubtedly, will be for experience preservation. 89 cents to buy an MP3 is a bad business model; 89cents to gain access to someone's perminant music preservation service and $50 to order a hyper-long-lasting recording of it is going to be the new business model. Because of gnutella, I now have access to a breath and depth of information never before realized, and in the future, it will only exponentially increase. I can now hit a few websites and get enough books to last me for the rest of my life if I read them back to back, in mabye 2 or 3 days.

      The recording industry cannot compete with technology so they've tried to destroy technology, and have thus far failed and will fail. The cost of producing media and experience has gone down and down and as it does we get closer to living in a completly virtualised and created reality with created experiences and created ideas.

      Ownership and property will become obsolete. I look foward to the ultimate ego/identity dissolution experience it will be. Of course, there will be those who will refuse the change and will lead a path of destroying themselves and will try to drag everyone else under them. That's the basic idea behind revelations.

      If we've got a problem with filesharing, wait until someone figures out a way to make a home-fabrication machine the size of a car that can produce anything a machinist can. ;)

    4. Re:Obviously by Pantero+Blanco · · Score: 3, Interesting

      What would they consider to be "winning the war", anyway? Complete elimination of the Pirates Of The Internet (won't happen)? 80% decrease in piracy rates (possibly, not likely)? Their sales going up to the point they want them?

      I have a feeling that they'll declare victory no matter what happens in order to keep up morale and put up a good front. The same way both political parties in the US try to claim victory every two years. Anything else would make them look weak.

  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. Spin by Anonymous Coward · · Score: 5, Interesting

    True, the level has stayed the same .. but perhaps without the lawsuits and FUD campaign the amount of file sharing would have grown?

    The number of users of iTunes and iPods music devices has increased, why hasnt the level of file sharing? Seems either lawsuits worked, or people prefer convenience of using the itunes store. I dont think it's healthy for the lawsuit factor should be blindly dismissed as ineffective.

    The point I actually want to make is we have to be objective and have to know where the threats are. After all, no point in ignoring something that might be true. Maybe counter FUD is needed, or better file sharing methods?

  4. They sure taught me a lesson! by Rob+T+Firefly · · Score: 5, Funny

    I'm taking my w4r3z back to Usenet and IRC, where it's safe.

  5. 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.

  6. Other conclusions? by RonnyJ · · Score: 4, Informative

    Court Action Does Not Reduce File-Sharing

    You can also interpret the data another way from this, if you so desire:

    35% of illegal file-sharers have cut back*
    14% of illegal file sharers have increased activity*

    *Jupiter survey of 3,000 people in UK, Germany and Spain

  7. 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.

  8. Lawsuits don't stop filesharing by Foofoobar · · Score: 4, Funny

    And a resounding DUH rang round the world.

    --
    This is my sig. There are many like it but this one is mine.
  9. 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...

  10. 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.

  11. 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.

    1. Re:Don't forget to crank up the phonograph by monopole · · Score: 4, Funny

      Maybe if we disclose the existence of group to Bush he'll misinterpret the word and declare a war on phonography! We just have to convince him that DRM is related to WMDs

  12. 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.

  13. 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!
  14. 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.

  15. 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.
  16. Each time you download music illegally.... by ByteGuerrilla · · Score: 5, Funny

    .... RIAA lawyers kill a kitten.

    --

    A block of code, sufficiently well-written, is indistinguishable from magick.

  17. But...internet use grew during that time frame by cshay · · Score: 4, Informative

    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".

  18. 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!

  19. 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.

  20. 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.

  21. circletimessquare's guide to safe filesharing by circletimessquare · · Score: 3, Interesting

    i'm sorry, but i will never buy digital media in my life ever again. i haven't bought a single CD since i fired up Napster in 1999. my formula for not being caught is two-fold:

    1. load your shared folder up with porn

    2. if you must download linkin park or flipsyde, the kind of stuff the riaa is sniffing?:
    a. stop all of your downloads except that song you want with the most sources and the best connections
    b. suck it down in under a minute
    c. immediately get it out of your shared folder
    d. if you do it fast enough, all the porn suckers you have cultivated will flood out and anyone trying to get that drop of water pop song in your sea of masking porn
    e. and the riaa only goes after those who make pop songs available, not those who download it, don't forget that

    additionally you are a filesharer of good ethical standing: you ARE sharing files people want, you are just segregating what you share/ don't share according legal risk

    and speaking of pop songs? i have the BEST solution for beating the riaa on that subject matter: i embrace world music, i let my mind wander. currently, i'm into japanese pop music and european techno: love that armin van buuren and ayumi hamasaki (i live in new york city)

    the thing to do is is to expand your musical interests to things beyond the usual pop crap of your native country (and embrace pop crap of other countries, heh), and you are also therefore using the new file sharing technology to its greatest benefit: connecting with resources that otherwise would be beyond your grasp in the pre-internet universe. file sharing is exactly what the digital utopians dreamed about in the heyday of the internet: the free exchange of world culture, bringing people together in large and small ways. file sharing is the promise of the internet. the only people who lose, are media conglomerates. every one else wins, INCLUDING THE ARTISTS. because a real artist does it for the art, not the money

    so embrace world music, and you win two ways:

    1. you won't be on the riaa's radar
    2. you'll grow new brain cells as you develop an awareness of a world beyond your nation's borders, of music beyond your stupid local music industry

    there really is a lot of good stuff out there. free your mind and give the bastards who want to keep you in a marketing straightjacket the finger in the process.

    and for those of you with a holier-than-thou attitude about me ripping off musicians from other countries? get around this chicken and egg situation: if it weren't for the filesharing networks, I WOULD NEVER BE EXPOSED TO THE ARTIST I AM LISTENING TO IN THE FIRST PLACE. solve that quandry and get back to me with your holier than thou attitude

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it