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AP Looks at Piracy, Misses the Point

TechDirt is reporting that the Associated Press has covered several stories recently about what a "huge threat" piracy is in other countries. This article, however, argues that they have perhaps missed out on the whole story by ignoring the other side of the coin. From the article: "the AP doesn't bother to mention how all that piracy helped created new and different business models for musicians in China that let them thrive despite the piracy (actually, in some cases, because of it). Nor does the AP bother to mention how software piracy helped boost certain aspects of the industry in China by decreasing the cost of inputs."

6 of 406 comments (clear)

  1. So let me get this straight... by daveschroeder · · Score: 5, Interesting

    Misappropriating and/or "stealing" things that don't belong to you, or just flat out breaking the law (in some jurisdictions), is okay if in someone else's estimation it's actually "helping" them?

    Brilliant!

    Here's the problem: the new "business model" they talk about is that free music sometimes promotes something else (concerts, merchandise, or something new entirely). Ok, great. What if it's my music, and I don't want you to have it for free, regardless of how else it might "help" me? What if I've voluntarily signed on with a record label because I think that it's in my best interests (and no, I haven't been "brainwashed"), and that record label has a trade group that represents it, and what if the laws of my country support the protections of my creations?

    I love how in the AllOfMP3.com story here recently, people talked about it as a new "business model" that the record labels and trade groups just hated. Um, huh? The Russian mob taking things that don't belong to them under the guise of a very weak argument that they can do it under radio license rules (which are designed, ironically, to get people to BUY the content, not as the mechanism for people to permanently obtain pristine digital copies) and selling them for 1/10 or 1/20 of what they sell for via legitimate channels is a "business model"? I guess if you don't believe that anyone should be able to "own" content like that, ever, and that the "legitimate" distribution channels are nothing more than a state-sponsored and -backed mob, ok.

    Has it ever occurred to anyone that the the content owners might need to sell the content for 2 or 5 or 10 times more than AllOfMP3.com does to actually support the industry? If your answer is "no, they don't need all these ungodly rich Britney Spears types" etc., and should be able to sell it for just the costs of bandwidth, who the hell are YOU to decide that? Chances are, some of their promotion, advertising, distribution, marketing, and production is what made a particular artist - the popular ones people often pirate - desirable in the first place. And how is it even an argument that, essentially, you can "steal"/copy something on your own and get it for cheaper, and if it's more expensive than some arbitrary value you've set in your head, it's okay to just take?

    But why is the anti-copyright argument always the one touted here?

    And for those in the "copyright is bad on works that can be effortlessly copied in the digital realm", consider that "art for art's sake" isn't the end-all be-all argument, either. Have you ever considered that since economics isn't a zero-sum game, that there are millions of people who have indirectly benefited economically from the industries that have sprung up around, support, and are supported by, music, television, books, and movies?

    I'm not saying the trade groups aren't out for control, and maybe even aren't greedy baby-eating bastards. But this isn't binary opposition: it's not RIAA-like "thuggery", or no ownership rights at all. Where's the middle ground? And no, I'm not saying copyright should be perpetual and infinite, either. But can we ignore A.A. Milne's shit that's 75 years old for a minute as an arguing point, and talk about what's really at issue, which is brand new, current, and popular music and movies?

    1. Re:So let me get this straight... by honkycat · · Score: 5, Insightful

      You raise some very interesting points.

      The thing that I think makes this such a difficult problem is that, it would seem, the music/movie/entertainment industry as it is and has been since the middle of last century (ie, since the advent of practical mechanical/electronic publication of music/movies/etc) is built on a model that fundamentally requires that high-quality duplication be expensive. That is no longer true. As a result, one of two things will happen. Either the system will be changed so that it IS once again expensive to duplicate these products, or the production system will change to be compatible with free or near-free copying.

      The legal wrangling that's been going on is all essentially trying to make duplication expensive. It's not technically expensive any more, so the powers that be are adding legal and social costs (through laws or public villification of offenders). They're also trying to make it technically expensive through artificial means (copy protecting hardware, e.g.).

      In my opinion, this is destined to fail. I don't believe you can achieve the level of enforcement necessary to rub out piracy (arrrrr) or the technical sophistication to outwit all the world's engineers who want to make a high-quality copy of a file they possess. The cat is out of the bag, technologically, and it ain't going back in.

      It's a scary prospect, both for the entertainment producers and for the end users. No one knows what a market compatible with near-free duplication costs will support. It's never been done before. The producers stand to lose a lot, since they can't predict where to go to protect their interests in this unknown environment. The end users also stand to lose since it is quite possible that the number of artists who can be supported will fall drastically. Of course, it could end up being better for everyone in the long run. But it's really pretty close to impossible to predict.

      Anyway, just some thoughts. I don't have any prescriptive answers for how to deal with this phase change. The best I can do is urge copyright reform to help society face up to the fact that free and easy copying is going to be the way of the future and hope that we can responsibly manage the transition.

      Oh, and screw the **AA. :-)

  2. Fansubs - beneficial piracy by oahazmatt · · Score: 5, Interesting

    As an anime fan, I download fansubs. Now, for the most part, this is piracy. These are television shows that have been recorded or ripped from DVDs, give subtitles, and been made available for free trade online through P2P networks.

    However, it proves beneficial. Take for instance, Funimation. At conventions, the Funimation booth runs contests, and on the entry form you may list anime that you would like Funimation to consider licensing. They know these shows are being downloaded, and instead of condeming the person downloading like some other organizations, they ask if they should bring it stateside so that it may be introduced to a wider audience through American television.

    I would prefer to see many organizations take this approach. I would love for record labels to ask "what unsigned artists are you listening to that you think we should consider signing".

    Piracy can actually be used to a company's advantage at times, and too many seem pre-occupied with the short term loss of a $20 Ashlee Simpson CD to notice.

    --
    Those who believe the Internet is private,
    find their privates are on the Internet.
  3. Re:Yes, you idiot, it's defined in US Code as "the by Anonymous Coward · · Score: 5, Insightful

    I followed a few links from that Google search but failed to find a single one that pointed to a definition in the US code that included copyright infringement as theft. If there is a link there then please post it. Otherwise stop calling a spade a theft.

  4. Re:Is this a surprise? by NickFortune · · Score: 5, Insightful
    Piracy is theft. Whether you agree with it or not, it's theft.

    Agreed. In fact it's worse than that. Piracy is armed robbery with violence. On the high seas, to boot.

    However, copyright violation (which is what we seem to be discussing here) remains copyright violation. And that's also "whether you agree with it or not"

    So, according to the OP, theft is good.

    Well, if it turns out that TFA really is discussing the violent seizure of goods at sea, then I'd have to conceed you were right. Otherwise, the main point I took was that there remains considerable room for debate as to the actual vs perceived benefits of current copyright legislation.

    That's certainly a new one for me.

    Splendid! There's nothing like exposure to new ideas to widen ones horizons. Don't you think?

    --
    Don't let THEM immanentize the Eschaton!
  5. Ok, let's look at what copyright enfringing causes by rucs_hack · · Score: 5, Insightful

    1: Unreasonable patents caused early film makers to head out west to california, to this little place called hollywood, where they created an industry which makes billions from their product.

    2: Video recorders cause hollywood to become worried because people can 'illegally' copy stuff, and they try to kill it, but it leads them into a prosperity never before seen, eventually spuring research into the dvd.

    3: Filesharing causes media companies to become paranoid about loss of profit, then spurs the creation of online media delivery, again vastly increasing the potential profits of said media companies.

    I wonder what the next thing is that they'll fight till it suddenly turns into a money maker?