Will the New RIAA Tactic Boost P2P File Sharing?

newtley writes "The RIAA's claim that it'll stop suing people may have serious consequences... for the RIAA. When it dropped its attack on seven University of Michigan students, Recording Industry vs. The People wondered if the move was linked to three investigations, with MediaSentry as the target, before Michigan's Department of Labor and Economic Growth. Now, 'LSA sophomore Erin Breisacher said she stopped downloading music illegally after hearing about the possibility of receiving a lawsuit, but now that the RIAA has stopped pursuing lawsuits she "might start downloading again,"' says the Michigan Daily, going on to quote LSA senior Chad Nihranz as saying, 'I figure, if there aren't as many lawsuits they will come out with more software to allow students to download more.'" What about some of the other potential tactics we've discussed recently, such as the UK's proposed £20 per year film and music tax or the $5 monthly fee suggested in the US? Is there anything the RIAA can do to reduce illegal file-sharing without generating massive amounts of bad publicity?

Comments

Is there anything the RIAA can do?

[otter42]

No, I firmly believe there isn't. They chose the wrong strategy, and got caught out in the cold. They lead lives that are so different from ours, they've become convinced by their own arguments, just like the Wall Street bankers and their bonuses. The RIAA really doesn't have much of a choice but to throw in the towel and start off in a different direction. Of course, they won't, and I'll be one of those cheering their burial.

They've made it this far because a large part of their argument comes from the idea that file-sharing is globally illegal. This type of file sharing has to be made firmly, clearly, and once-and-for-all clearly legal. Somewhere, we have to ask ourselves what value do recorded music, video, and programs have? If we're not happy with the free-market answer, we have to find it in ourselves to come up with a solution that modifies the free-market such that we support these activities. Simply declaring the free-market illegal is not a valid strategy. It hasn't ever worked in the past-- witness alcohol, drugs, etc...-- and it's not working now.

Now, I for one think that the arts are far more worthy than the sciences. As an engineer, I was offered a salary 5 times what a friend was making, even though I was going to do numerical analysis of toilet paper (no shit, pun intended) and she was working 80 hour days with children's theater. If the fact that we live in a society that values toilet paper more than theater offends you, then you need to make the decisions in your life that reflect this.

Science is an awesome hobby, and it's what I do for a living, but somewhere we're seriously out of whack when business is worth more than life. The RIAA mentality shows this, and there's really nothing they can do except fight until they've carved out a sufficiently well protected niche that they can survive in some minimal fashion. To take an analogy from Go, they're trying desperately to make two eyes, even though the game is practically over.

My two cents

[schmidt349]

Is there anything the RIAA can do to stop copyright infringement without looking like a bunch of asses? Sure, but they've now in a deep hole dug on the unsustainable premise that they could either sue all infringers out of existence or at least enough of them to cow everyone else into staying off P2P. Turns out that wasn't working either.

Here are my proposals for ways they can get turned around:

1. Do their damnedest to promote all the usable online services. iTunes, Amazon, the whole smash. No DRM anywhere, though I think people won't mind fingerprinting. Do a mix of buy-to-own and subscription services; there are separate markets for each. Sell audio with lossless encoding (Apple Lossless and FLAC if that works in the non-Apple ecosystem). Raffle off concert tickets for buyers on the download services. Try to reach everyone -- Windows, Mac, Linux.

2. Do a "legal" P2P service that traffics purely in 128kbps MP3s of popular songs with lead-in or lead-out ads. "Weezer's Red Album -- now available from your online music store." That kind of thing.

3. Let Web radio live. I'm sure there's a reasonable profit stream there that everyone can tap into if nobody strangles the golden goose, so to speak. It also drives sales -- when I was a kid the only music I actually bought was stuff I'd already heard on the radio. Get people to actually use the "radio" function in iTunes and web browsers and whatnot. Music radio on 3G phones. The possibilities are endless here.

4. Instead of chasing homemade music videos off YouTube, get people to pay a "licensing fee" of say $5 and then let them be. There are also cross-licensing deals for advertising dollars to be had with the video services.

5. ENOUGH WITH THE MEDIA TAXES. If I pay a "tax" on recording media or my iPod's hard drive or whatever I will download everything I can for free. I'm going to assume I'm already "paid up" because guess what, I am. Besides, if we pay a media tax the music industry should be quasi-nationalized.

6. (the one they'll never accept) Deal with the fact that music is now a more distributed phenomenon and that the massive profit margins the record companies saw on audio cassettes and CDs just can't exist anymore. Make what profit you can instead of getting sucked down the toilet with the rest of the economy.

I will bet good money, though, that the RIAA won't do any one of these things over the next five years-- instead they'll just chase the phantom of infringement that they'll never be able to stop, music sales will go completely down the drain, and the world music industry will restructure around the online services being labels themselves. Cut your song in a recording studio then upload it to Amazon and iTunes. They take 35%, you take the rest. Hell, the RIAA should be very very scared of this happening, and I expect they are, but they're going to make it happen and maybe that's a good thing for all us music buyers.

Re:The fee is the ultimate goal

[gEvil (beta)]

The distribution of these fees will be such that independent artists get a token sum, while the RIAA gets money for nothing.

I disagree with this. Most independent artists aren't affiliated with RIAA-represented labels. That's a lot of what makes them "independent". If the RIAA is doing the collecting, why would they pay out to labels that don't want to work with them?