The Pirate Bay Facing "Old Fashioned" Pressure
Jety writes "Ars Technica has an article reporting that The Pirate Bay is facing legal pressure from a new front. A wealthy musician with a track record for going head-to-head with record labels and little kids is now joining the queue to take a legal swing at TPB. What I find particularly interesting about this article is the description of the 'camera-toting investigators following [The Pirate Bay admins] around in cars marked with Danish plates.' One TPB admin asks, '"What do they think they can find out by following us around? Everything we do is digital.'"
If I were them, I'd be very careful about jaywalking, cramping my wheels to the curb, and making sure my mattress tags were intact. It's called a shitlist; an idea not entirely unfamiliar to TPB admins, I'm sure.
A "wealthy musician?" Seriously?
It's Prince. Or that symbol thingy. Or TAFKAP (I think I know what one of those "A"s stands for).
The summary seems unnecessarily coy about exactly who's behind this.
Clearly not everything they do is digital. They have atoms as well: servers, laptops, flash drives. And clearly they are making a living somehow and someone is funding their activities somehow.
If I was investigating them I would have PIs on their tail. If nothing else it is certainly causing them enough concern to comment on it.
Looking for an Information Security student project suggestion?
Try http://dotcrimeManifesto.com/
Peter Sunde, a Pirate bay admin, tells Ars that the Purple One's legal team has already started leaning on some advertisers to drop support for the site. "We're not even worried, since the Internet is too big for morally upset people to get it their way," Sunde said in an e-mail. "I'm just sad that Prince--whose music I really like--can't understand that he's the new Metallica versus Napster. And we all know who lost that..."
Uhhh...yeah, Napster did.
Could someone please tell me how TPB is somehow offering some new business model for the people who make the music?
The record labels are told people will still keep illegally distributing music because the labels aren't providing it online. The record labels finally give in and provide it online, and they're told that people will still keep illegally distributing music because they don't like DRM and 99 cents a song is somehow too high.
The only business model a lot of people here seemed to support was AllofMP3, but honestly 10 cent non-DRMed songs really isn't a viable business model, as much as everyone wants it to be.
"There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
Nothing really changed in terms of music availability, other than that now we can now find more "illegal" tracks at higher bitrates, better quality, more quickly and conveniently than we could then. Amazing, isn't it? The Gnutella network alone is just bursting with music, and it's hardly the only one. The fact is, the RIAA's effort to shut down Napster was an absolutely classic Pyrrhic victory. Hell, a few more "successes" like that and they'll put the studios out of business entirely. Personally, I think the RIAA's poor decisionmaking in that situation would have justified the studios shutting them down instead. It really was a massive fuckup.
... and he would be right.
Put it this way: not only was that lawsuit a dismal failure in terms of discouraging copyright infringement, but also yet another clear example of the RIAA mindset simply not getting it. They failed to grasp either the technological potential of P2P (there's more than one way to skin a cat) or the human element (we've had a taste of this and we want more.) Had they asked, I would have told them that all they were doing was forcing a phase change on the technology. The appearance of Frankel's prototype Gnutella client so close on the heels of Napster's shutdown was no surprise to me. I grabbed a copy the night it was released, before AOL tried to shut it down (horse, barndoor, all that.) I could not believe how fast music began to appear on it. The thing had a serious memory leak, but I'll be damned if it didn't work! Anyway, if it hadn't been Justin Frankel, sooner or later somebody would have released the next generation of peer-to-peer, because Napster gave millions upon millions of people something they wanted. Here's the thing: some of those people were programmers.
That was something that even an RIAA lawyer should have been able to predict, and I think it should have been sufficient motivation to make them work with Napster so as to maintain a level of control over distribution. That would have required some vision, though, and a willingness to tell their bosses, "Hey, things are about to go from bad to worse and you had better do something NOW." Instead, they did the only thing they know how to do: throw lawyers at the problem. So they blew it.
So the GP can claim that the RIAA was successful in eliminating Napster as a source of illegal downloads
Not that it mattered.
The higher the technology, the sharper that two-edged sword.
Prince literally gives away his latest album with a newspaper in the UK, completely devaluing his music and brand, but when people copy his music he gets p*ssed off?
Maybe he's realised that if he doesn't have tons of money that he won't be able to attract sexy models anymore?
What do they think they can find out by following us around? Everything we do is digital.
Perhaps they are trying to dig up dirt about the admins for a good old fashioned blackmail mud-slinging political match ala J. Edgar Hover and the old school politicos or maybe they are just trying to intimidate the admins (i.e. black suburbans, helicopters, and guys in SWAT vests with 'RIAA' velcroed to the back). The best thing that the admins could do in response would be to keep reporting what is going on in their blogs and other public places on the Internet. This will help discourage these pseudo agents from arranging an 'accident' or some other more overt form of persuasion because everyone will know who was responsible.
They should release music for free and make money on live shows that to be honest can't be pirated cause you can't download the experience of a live show now can you?
Only you seem to be focusing on deriding the people who don't pay directly for their copies of music (according to our brief custom of the last 70 years).
Why is it so hard to see that its ok to let companies with no practical business model die off? I know it becomes a touchy subject when we bring art into the picture, but the spirit of copyright law is to promote the creation of art, not to give business models to musicians. It seems particularly hard for people of the last couple generations to fathom that music (or art in general) can be created without being paid for copies of their work. They can't see that the true value in art is the process by which it is created, that is what is rare. This value can still be monetized, and a business model can be developed around it (think service instead of product).
Even if you don't want to or can't believe this old school view of art, you will face the reality of digital technology. Copying is only going to get faster and more convenient. Distributed technology will only get more robust. Controlling the location of 1s and 0s will become increasingly futile. No laws will be able to reverse this, no amount of yelling thief at a generation of hungry minds will hold them back.
What do you think will happen when 1 million 3rd world kids get on the internet through OLPC? What happens when they reach 10 million in the next few years? Can you seriously expect them to even consider intellectual property with an open source key on their keyboard?
Right now there are more people with cell phone in China than there are people alive in the USA. What happens when there are more Chinese online than people in the US? What happens when the same goes for India? Do you think these huge amount of people wont be able to find a way to adapt open source software for their needs? When they are completely bypassing proprietary western solutions, what good will our DMCA do?
So I laugh at the moral indignation of the slighted intellectual property holders. Right now I am stealing. I'm robbing those who were lucky enough to get fat from an unworkable system. Luckily, the system is changing and I wont have to steal in the future. Still, every time they yell thief I feel more like Robin Hood, and I'm not the only one.
"how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
Live shows and the merchandise sold at them *are* how most bands actually make money. The truth is that not many bands make much of anything from album sales due to shady practices by the record companies. Generally the bands only break even on album sales and that's if they're lucky.
Everything I need to know I learned by killing smart people and eating their brains.
And they're shooting themselves in the head over that as well. Shows are starting to get too costly to bother, and the merchandise sold is already outrageous. $35 for a t-shirt? After paying $90 to get in (Rush) - I think not.
On the other hand, I've been to smaller shows where it was about $12 to get in, and have bought the CD's because the artist was good and the CD's weren't a ripoff. If they had other merchandise I may have even bought that, assuming the price was just a little profit for them, and not a down payment!
This is a crock. Many, if not most of the bands out there are not making any profits off the labels so nothing will change on that front. Also, not every band out there does it for the money. Many do it for *GASP* the music or *GASP* the recognition for the real money maker, concerts. In the days before big mega media corps, many bands released their music to their local radio stations for this recognition. When was the last time you heard one on your local radio? Maybe it's time to break up the stranglehold the labels have on the media market. Maybe it is time the labels cartel was broken up starting with the RIAA itself.
This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
The Pirate Bay Facing "Old Fashioned" Pressure
Sounds more like good old-fashioned harrassment to me.
The higher the technology, the sharper that two-edged sword.
Doesn't make sense?
:).
Take off those rose-tinted glasses and read this.
http://www.negativland.com/albini.html
Written by Steve Albini.
http://en.wikipedia.org/wiki/Steve_Albini
There are articles by others on how it works which are similar.
Basically the band gets an "advance" on future earnings, and almost everything is paid for off that advance (recording studio, recording + mastering fees, you name it...), so often the band ends up _owing_ the record company money
Quote: "The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never "recouped," the band will have no leverage, and will oblige. The next tour will be about the same, except the merchandising advance will have already been paid, and the band, strangely enough, won't have earned any royalties from their T-shirts yet. Maybe the T-shirt guys have figured out how to count money like record company guys. Some of your friends are probably already this fucked."
Why do you think some bands don't care if their stuff gets copied, they've figured that the people doing the most hurt to them aren't the "evil downloaders".
If musicians can't make money, they won't record.
Dire straits, Sultans of swing.
Listen to the song and hear what it is about.
There are countless musicians who got a day time job to support their hobby, at best they recoup a bit of their costs at times but mainly it is a hobby AKA a moneysink.
When I was young a neighbour of mine operated a pirate radio station. He bought all the gear, bought records, payed for the power and for what? A few small ads? Did he become rich of it or even break even? Hell no, but it was his dream, his hobby.
If all musicians are out of a job tomorrow, the music will go on. And personally, I think the music will be a lot better or at least more varied, because people will play what they want to play, not what sells best.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
The first HUNDRED FUCKING COMMENTS are of the nauseating amateur-comedy-hour variety that get modded up rather than sent to oblivion where they belong.
Even the summary is shitty. Way to ironically make a feeble gesture against Prince by not mentioning him by name.
Actually... in a rational world, actions like this would be lauded rather than mindlessly criticized. Unfortunately the dominant meme here is that information should be forced to be free and anyone opposing that philosophy using any means should be demonized.
Right on, Prince. You've made some of the best music, you're an intellectual maverick, and you aren't part of the problem regardless of how many insipid comments get positive moderation on a communist geek site.
Wrong. Should the current TPB admins be prosecuted, dispossessed of their goods and incarcerated, it would scare into submission anyone who would think of following in their footsteps.
It will scare most people, some people will still go for it. Also it will probably only scare people in the same country. Someone under a different legal system is probably going to still feel fairly safe.
unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
I'd rephrase it as If bad musicians can't make money, they won't record>/i>
If money was the only reason to make music you wouldn't see a single jazz musician around, regardless of piracy they sell close to nothing compared to chart stars, but they're still around. Piracy will hopefully help us to get rid of bad musicians, wannabe artists and millionaires who have no clue about art. Do not expect the good ones to go away though.
I am saying, don't expect me to give a damn. I am a baker by training. A good one, but YOU buying YOUR bread in the supermarket and insisting on zoning laws that don't allow me to have the bakery attached to the shop have put me out of business.
Times change, I had to give up my dream, why should you be any different?
Society does NOT own you the right to make a living in your chosen career. Only a lucky few manage that.
Unless you support goverment action to protect all kinds of other jobs that are dying out, I don't see my musicians should be given any more special threatment then they already get. Check how much money already goes to the arts. You need my taxes AND my spending money? Greedy much?
I wish you luck, if you make it, congrats. BUT do NOT expect me to subsidize a dying industry unless you are willing to do the same for mine. Show me the receipts from your local butcher, baker and grocer for the last decade and I will buy your album, but if you shopped at a supermarket just once, the deal is off. You don't care about my career, I don't care about yours.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
"This is a crock. Many, if not most of the bands out there are not making any profits off the labels so nothing will change on that front. Also, not every band out there does it for the money. Many do it for *GASP* the music or *GASP* the recognition for the real money maker, concerts. In the days before big mega media corps, many bands released their music to their local radio stations for this recognition. When was the last time you heard one on your local radio? Maybe it's time to break up the stranglehold the labels have on the media market. Maybe it is time the labels cartel was broken up starting with the RIAA itself."
don't you think we should *GASP* give the musicians a choice? Also, when you don't make shit from concerts unless you are signed with a label.