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Study: Piracy Doesn't Harm Digital Media Sales

r5r5 writes "European Commission's Institute for Prospective Technological Studies has published a study which concludes that the impact of piracy on the legal sale of music is virtually nonexistent or even slightly positive. The study's results suggest that Internet users do not view illegal downloading as a substitute for legal digital music and that a 10% increase in clicks on illegal downloading websites leads to a 0.2% increase in clicks on legal purchase websites. Online music streaming services are found to have a somewhat larger (but still small) effect on the purchases of digital sound recordings, suggesting a complementary relationship between these two modes of music consumption. According to the results, a 10% increase in clicks on legal streaming websites leads to up to a 0.7% increase in clicks on legal digital purchase websites." It's worth noting that this study only measured the effect of piracy on online purchases, not on revenue from physical formats.

109 of 173 comments (clear)

  1. A bit late by Sigvatr · · Score: 2

    Too bad EA didn't get the memo in time.

    1. Re:A bit late by i+kan+reed · · Score: 4, Insightful

      Yes, but they also want to make sure you can't sell it later, and keep you from getting refunded by retaining the power to remove your license at any time.

      EA wasn't out to stop pirates, they were out to manipulate and screw over the customers.

    2. Re:A bit late by interkin3tic · · Score: 2

      As far as used game sales, they already had that. No one sells used PC games, gamestop doesn't take physical copies used, they haven't for years, there's as of yet no way to transfer purchases on Steam or Origin.

      Perhaps they were planning on shutting down the servers when the next sim city came out, forcing you to buy the new version. That I could see.

    3. Re:A bit late by shentino · · Score: 2

      Or ban you from completely unrelated services.

      Apparently EA threatens to ban you from Origin if you try to dispute a purchase of simcity

    4. Re:A bit late by i+kan+reed · · Score: 1

      That's what I meant. In retrospect, it was poorly communicated.

  2. and by Master+Moose · · Score: 4, Insightful

    the recording industries will simply stick their fingers in their ears whilst singing "nanananananana"

    --
    . . .gone when the morning comes
    1. Re:and by Anonymous Coward · · Score: 1

      BATMAN!!!

      (random text in caps so slashcode doesn't freak out)

    2. Re:and by Anonymous Coward · · Score: 1

      Do you a license to reproduce these lyrics?

    3. Re:and by broggyr · · Score: 2

      I never a license.

      --
      Irony? Yea, it's like goldy and bronzy, only it's made of iron!
    4. Re:and by Kenja · · Score: 1

      You now owe money for a public performance of the Beetles "Hey Jude".

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    5. Re:and by jones_supa · · Score: 1

      And for this to be aesthetically correct, you should demand some sum that he cannot pay even in 10 lifetimes and which will completely destroy his life. :P

    6. Re:and by Ol+Biscuitbarrel · · Score: 2, Funny

      You now owe money for a public performance of the Beetles "Hey Jude".

      Beetles - greatest band in history. Where were you when John Lemmon was shot?

    7. Re:and by JazzLad · · Score: 1, Offtopic

      John Lemmon was shot?!

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    8. Re:and by Schmorgluck · · Score: 2

      Oh, I had totally forgotten that Kylie Minogue song...

      --
      There's nothing like $HOME
    9. Re:and by denzacar · · Score: 1

      Lie senses are tingling.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    10. Re:and by denzacar · · Score: 1

      On a plus side, he gets a free (as in pay later with interests) cryogenic treatment plus at least 10 more lifetimes once he thaws off - so he could repay the debt. Plus interests.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
    11. Re:and by Master+Moose · · Score: 1

      Oh, I had totally forgotten that Kylie Minogue song...

      So had I until now! - and no, I am not thanking you.

      --
      . . .gone when the morning comes
    12. Re:and by Grumbleduke · · Score: 1

      Not quite; the IFPI read the paper and said (in a press release) that it was "flawed, misleading and disconnected from commercial reality."

      I think it's one of those classic "we're going to accuse everyone we disagree with of being what we are" tactics. I had a skim through their justifications for that statement and, based on what I remember of the other papers they referred to, they aren't being 100% honest or accurate either.

  3. Re:This was proven years ago... by 2.7182 · · Score: 3, Insightful

    For example, just because some people steal cars doesn't mean that I am not going to buy a car. It's all very deep.

  4. Only when file sharing is illegal. by SolitaryMan · · Score: 1, Interesting

    I'm not defending MAFIAA in any way, but just want to point out, that the study was conducted under circumstances when file sharing is illegal.

    If it becomes legal, it may very well impact the sales in a negative way. Bottom line: interesting study, no practical applications.

    --
    May Peace Prevail On Earth
    1. Re:Only when file sharing is illegal. by Shagg · · Score: 5, Insightful

      Don't spread the MAFIAA's FUD for them. File sharing is already legal. "File sharing" and "copyright infringement" are not the same thing.

      --
      Unix is user friendly, it's just selective about who its friends are.
    2. Re:Only when file sharing is illegal. by BradleyUffner · · Score: 5, Insightful

      I'm not defending MAFIAA in any way, but just want to point out, that the study was conducted under circumstances when file sharing is illegal.

      If it becomes legal, it may very well impact the sales in a negative way. Bottom line: interesting study, no practical applications.

      This doesn't necessarily mean that sharing music should become legal, it just means that it shouldn't be life-ruiningly-illegal. Speeding is illegal, but if you get caught you just get a small fine and life goes on. They don't fine you more than 10x your yearly income and stick you with legal fees that could bankrupt CEOs.

    3. Re:Only when file sharing is illegal. by mumblestheclown · · Score: 1

      how, exactly, is shagg's comment "insightful?"

      1. the idea that "file sharing is already legal" is a meaningless statement. it's like saying that "driving a car is legal." yes, it's legal on roads for licensed drivers. it is not legal to drive through a busy shopping mall a la blues brothers.

      2. 'file sharing' and 'copyright infringment' are not the same thing. who said they are? however, in the USA, "sharing" of copyrighted music and film, for example, for all but a very limited set of exceptions as defined in fair use and as the vast majority of 'file transactions' in practice are, is very much are copyright infringement.

      i fail to see anything 'insightful' in shagg's comments. at best he's shooting down linguistic strawmen of his own creation - at worst, he's flat our wrong.

    4. Re:Only when file sharing is illegal. by Ardyvee · · Score: 1

      Your comment is valid, but his is also valid if you considering parent comment. Parent comment mentioned "file sharing", while Shagg answered that it's not file sharing that's illegal, it's copyright infringement.

      --
      I don't care if I'm wrong. I only care about everyone obtaining something from the discussion.
    5. Re:Only when file sharing is illegal. by 91degrees · · Score: 2

      I agree, and I can't understand why the media industries haven't pushed for this sort of thing.

      If Jammie Thomas had been fined $100 then she would have had no sympathy. It would deter a lot of people. A lot of people would take the risk, but the same happens with illegal parking. We only need to keep the problem manageable. There would be issues in that we'd need some sort of appeals mechanism and wouldn't want to cause too much hassle for the false positives, or make it too easy for a media company to churn out notices like they do with the DMCA.

    6. Re:Only when file sharing is illegal. by jxander · · Score: 3, Insightful

      Shagg's comment is valid because the MPAA and RIAA don't seem able to make the distinction.

      If I rip a DVD that I purchased to a computer I own, that could be considered file sharing. The DVD has shared the file with the computer, but I have not infringed a copyright. If I transfer that digital copy to my tablet or smartphone so that I can watch it during a flight, also file sharing, still not infringing.

      If I use the copy on my computer to burn physical DVDs and begin selling them, THAT is a copyright infringement

      The powers that be, via DMCA, seek to outlaw all of these practices, and many more.

      --
      This signature is false.
    7. Re:Only when file sharing is illegal. by AK+Marc · · Score: 1

      If you see the industry propoganda, downloading *anything* you didn't pay for is illegal. And even then, if you didn't pay enough, it's probably still illegal. So the distinction does have meaning.

    8. Re:Only when file sharing is illegal. by cheekyjohnson · · Score: 1

      Although I don't care whether or not it 'hurts' sales, I do find it interesting that we don't even know what the result would be without copyright law and yet we have them in effect.

      --
      Filthy, filthy copyrapists!
    9. Re:Only when file sharing is illegal. by cheekyjohnson · · Score: 1

      We only need to keep the problem manageable.

      It will never be manageable to go to court for such petty things. There are simply too many people that ignore copyright law, and the nature of the Internet makes it too difficult to find many of them.

      There would be issues in that we'd need some sort of appeals mechanism and wouldn't want to cause too much hassle for the false positives, or make it too easy for a media company to churn out notices like they do with the DMCA.

      Given the industry's track record, the end result would very likely be that the burden of proof would be placed on the accused and everything would be made more convenient for the companies trying to extort money out of the supposed infringers.

      --
      Filthy, filthy copyrapists!
    10. Re:Only when file sharing is illegal. by sincewhen · · Score: 1

      There are simply too many people that ignore copyright law

      And here lies a fundamental problem. A very large proportion of society (I don't know how large) don't want that law to apply to them.

      So either they need to be better educated about the existence of copyright law and the (moral) reasons for respecting copyright law, or the law should be changed to what the people can accept and obey.

      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
    11. Re:Only when file sharing is illegal. by cheekyjohnson · · Score: 1

      So either they need to be better educated about the existence of copyright law and the (moral) reasons for respecting copyright law

      There's no guarantee that they'll agree with the laws even if one tries to 'educate' (in this case, it would probably amount to brainwashing) them.

      or the law should be changed to what the people can accept and obey.

      But hey, people in the US accept and obey the TSA, so I don't exactly have high hopes for them.

      --
      Filthy, filthy copyrapists!
    12. Re:Only when file sharing is illegal. by Jason+Levine · · Score: 1

      I usually don't consider making copies that only you are accessing to be file sharing. An example of legal file sharing would be if a musician released a song for free under a license that encouraged people to share it. Then, if you e-mailed that song to a friend (or put it on a file sharing network), it would be both file sharing AND legal.

      Of course, ripping a DVD for your personal use isn't copyright infringement but it is against the DMCA's DRM anti-circumvention laws. So ripping a CD for your use is fine but doing the exact same thing with a DVD isn't. (I disagree with this and hope this law gets changed, but it is the current law.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  5. correlation/causation by noh8rz10 · · Score: 3, Insightful

    a 10% increase in clicks on illegal downloading websites leads to a 0.2% increase in clicks on legal purchase websites

    uh oh, cue the correlation/causation nazis. ok, i'll go first. just cuz thy measured a 10% increase in pirate clicks and an 0.2% increase in legal purchase clicks doesn't mean there is a connection. Heck, perhaps if there had been fewer pirate clicks then there would have been more legal clicks! Also, what the heck is a click? shouldnt the metric be downloads or purchases?

    1. Re:correlation/causation by jaymz666 · · Score: 1

      By click do they mean click or download?

    2. Re:correlation/causation by PopeRatzo · · Score: 1

      just cuz thy measured a 10% increase in pirate clicks and an 0.2% increase in legal purchase clicks doesn't mean there is a connection.

      I agree. There is no connection between piracy and music industry profits.

      So now can we just stop the nonsense?

      --
      You are welcome on my lawn.
    3. Re:correlation/causation by Jane+Q.+Public · · Score: 1

      "I agree. There is no connection between piracy and music industry profits.

      So now can we just stop the nonsense?"

      The thing is, though, it doesn't matter if there is a cause-effect relationship, as long as the correlation holds. And we know that it has, for at least 13 years (because the first study I read about that showed this same correlation was in 2000).

      We know that the correlation has held, despite changes in the laws, despite highly publicized (and abusive) lawsuits... despite everything. Study after study after study have shown that the biggest downloaders of shared files (not "pirates", which is something very different) are also the biggest purchasers of music and movies.

  6. Re:This was proven years ago... by Synerg1y · · Score: 1, Funny

    What? People steal cars? I better DRM mine.

  7. Re:So what they're saying is... by Joce640k · · Score: 2

    Math...how does that work?

    --
    No sig today...
  8. Re:Correlation does not imply causation by wisnoskij · · Score: 1

    I do not think that implies to a negative. You cannot say, well we did not see and correlation, but their might still be causation.

    --
    Troll is not a replacement for I disagree.
  9. Re:This was proven years ago... by SpaceMonkies · · Score: 4, Insightful

    Piracy's real effect on music sales is difficult to accurately assess. In classical economics prices are determined by the combination of the forces of supply and demand, but the participators in the digital market do not always follow the usual motives and behaviors of the supply and demand system. First, the cost of digital distribution has decreased significantly from the costs of distribution by former methods. Furthermore, the majority of the filesharing community will distribute copies of music for a zero price in monetary terms, and there are some consumers who are willing to pay a certain price for legitimate copies even when they could just as easily obtain pirated copies, such as with pay what you want vendors.
    Another issue is that because some people, like many in China, illegally download music because they cannot afford to purchase legitimate copies, not every illegal download necessarily equates to a lost sale. This has some effect on music sales, but as Lawrence Lessig points out, there is wide asymmetry between the estimated volume of illegal downloading and the projected loss of sales:
    “In 2002, the RIAA reported that CD sales had fallen by 8.9 percent, from 882 million to 803 million units; revenues fell 6.7 percent. This confirms a trend over the past few years. The RIAA blames Internet piracy for the trend, though there are many other causes that could account for this drop. SoundScan, for example, reports a more than 20 percent drop in the number of CDs released since 1999. That no doubt accounts for some of the decrease in sales... But let’s assume the RIAA is right, and all of the decline in CD sales is because of Internet sharing. Here’s the rub: In the same period that the RIAA estimates that 803 million CDs were sold, the RIAA estimates that 2.1 billion CDs were downloaded for free. Thus, although 2.6 times the total number of CDs sold were downloaded for free, sales revenue fell by just 6.7 percent... So there is a huge difference between downloading a song and stealing a CD."

  10. Here comes the hotstepper by tepples · · Score: 1

    nanananananana

    BATMAN!!!

    Didn't you forget Katamari Damacy, or Hey Jude, or Hey Hey Goodbye??

  11. Re:This was proven years ago... by Anonymous Coward · · Score: 3, Funny

    Digital Ride Management?

  12. Legal to share by AliasMarlowe · · Score: 4, Informative

    Don't spread the MAFIAA's FUD for them. File sharing is already legal. "File sharing" and "copyright infringement" are not the same thing.

    Indeed. And there is a lot of music available which is either in the Public Domain, or under one of the Creative Commons licenses. For instance, excellent recent recordings of classical music were released as 320kbps MP3 and as lossless tracks, and these are explicitly in the Public Domain. Lots more (typically electronic & rock & metal & house, etc.) can be found at the Netlabels collections. MusOpen typically has classical music, and also has some PD or CC sheet music.

    Share away, with these files. Upload, download, give away, stream, sell, whatever. And quite legally. Just about the only thing you can't do with Public Domain stuff is claim that you own the copyright, or that you act on behalf of the copyright owner. Either copyright has expired, or it was never copyrighted to begin with.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  13. Re:So what they're saying is... by Shagg · · Score: 1

    Didn't you know that in the new RIAA/MPAA dictionary "click" = "download" = "upload" = "unauthorized distribution" = "stealing".

    Yes, they're deliberately confusing people.

    --
    Unix is user friendly, it's just selective about who its friends are.
  14. We need a mod -1 (factually untrue) by mark-t · · Score: 1

    I used to get A's in mathematics... What happened?

    1. Re:We need a mod -1 (factually untrue) by characterZer0 · · Score: 1

      You started reading /..

      --
      Go green: turn off your refrigerator.
    2. Re:We need a mod -1 (factually untrue) by i+kan+reed · · Score: 1

      Ah, we'd finally have the much desired -1 I disagree option.

  15. Science Fail: the conclusion is just plain wrong. by Anonymous Coward · · Score: 1

    I'm not for record companies... quite the opposite in fact: I think they are getting their karmic just dues for their disgusting behaviour of this oligarchy over many decades.

    However, if you're going to do science it's important to get it right, and this study's conclusions are just plain wrong.

    What they are measuring is that when something is more popular, more people pirate it *and* more people buy it. This does not mean that more piracy causes more purchases or vice versa. The connection between the two is the popularity of the music.

    In order to show what this study and/or article are trying to show -- that piracy does not harm legitimate sales -- they would need to look at two groups of people: one of which is able to partake in piracy and one of whom is not (easier said than done), and then compare which group has more sales. If the sales in the piracy-able group are not less than the piracy-unable group, then you can conclude that piracy does not harm sales. But this is the only kind of experimental study which can show this correlation. I'm extremely curious about this, and would *love* to see what the actual, truthful answer is to that question!

  16. THIS time they'll listen by saveferrousoxide · · Score: 1

    This study has been done 100 times and it always reaches the same conclusion. These prosecutions are just serving as a minor revenue stream and a means to legitimize a set of rules that benefit the record companies far more than the consumers or the artists they are purporting to protect.

  17. How Does "Piracy" Help Digital Sales? by assertation · · Score: 3, Interesting

    I can see "piracy" helping CD sales. Basically, it becomes a "try, before you buy" situation and someone wanting the information stored in a nicer way.

    I don't see how it helps legal digital sales. If someone pirated X, they already have X, so why would they buy it?

    Is it the case that once having pirated X, they buy X+1, not being able to find X+1 on the pirate sites?

    1. Re:How Does "Piracy" Help Digital Sales? by jbmartin6 · · Score: 1

      Is it the case that once having pirated X, they buy X+1, not being able to find X+1 on the pirate sites?

      This seems likely to be the case, at least to me. Baen Books released a bunch of free ebooks and found that sales of the next book in the series increased. A different type of file, and this was before e-readers were so pervasive, so their results may be different now.

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    2. Re:How Does "Piracy" Help Digital Sales? by Anonymous Coward · · Score: 1

      I can see "piracy" helping CD sales. Basically, it becomes a "try, before you buy" situation and someone wanting the information stored in a nicer way.

      I don't see how it helps legal digital sales. If someone pirated X, they already have X, so why would they buy it?

      1. To get better quality.
      2. To pay for something you think deserves it.
      3. To support artists.

    3. Re:How Does "Piracy" Help Digital Sales? by analyst-cz · · Score: 1

      I can offer the first-hand data to explain the sales increase:
      (For legal reasons I have to speak about "one person I know", but, believe, I have this right from the first hand ;-) )

      He is rather games fan then the music one, but principals are still the same. His personal shopping policy is exactly "try before buy". Many times he experienced great advertisements, great (paid !?) press reviews, addiction promising trailers while the game itself turned out to be boring half-a-day story, with no cash back chance.

      But, on the opposite side, he wants to have many new titles to be produced continually on. So he buys every game he keeps playing more than several days afterwards. Recently he even told me, that it paradoxically turns out, that he very often does not play the game anymore after he buys it - as other new shining title appears at exact that timing.

      So he would definitely contribute to this 0.x% increase be the study about games.

      --
      "Interesting times to you..." (One of the most feared black magic curses.)
    4. Re:How Does "Piracy" Help Digital Sales? by Solandri · · Score: 1

      I don't see how it helps legal digital sales. If someone pirated X, they already have X, so why would they buy it?

      Is it the case that once having pirated X, they buy X+1, not being able to find X+1 on the pirate sites?

      People tend to expect others to act the way they themselves do.

      The "everyone is a money-grubbing cheat and scoundrel like we are" RIAA view: Someone pirates X, likes it, so they go pirate X+1.

      The "I just want what's fair for me and you" view: I heard a nice snippet of your music X in the elevator, and was curious what the whole thing sounded like. So I pirated X. I liked it and want more, but it's not fair for me to just take it without giving you anything. So I buy X+1.

      Or my "why won't this do what I want it to do?" case: I bought X on blu-ray, but the movie was spread across two discs and I wasn't savvy enough with Handbrake to stitch them together with subtitles intact for my media server. So I downloaded a pirated version of X which had already been stitched together. Since I bought X, then pirated X, by the terms of their license (single copy for personal viewing - I can't watch both copies simultaneously) it's not really pirating X. But in their statistics it still counts as a pirated copy of X.

    5. Re:How Does "Piracy" Help Digital Sales? by Nationless · · Score: 1

      Maybe they only pirated one album from an artist and they want the rest of their discography.

      Or maybe just they *gasp* actually want to support the artist so more music will be made.

    6. Re:How Does "Piracy" Help Digital Sales? by AmiMoJo · · Score: 1

      If you like X you look them up on Google and see links to buy more of their stuff. There are some people who just wont pay, but they are not lost sales anyway. The rest will buy given the opportunity to purchase DRM free MP3s or FLAC at a reasonable price.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:How Does "Piracy" Help Digital Sales? by bemymonkey · · Score: 1

      Lossless with high res scans of the booklet, with perfect tags and the ability to redownload if all my hard drives and backups die at once? Definitely worth a few bucks imo.

      Pirated versions are a bit hit and miss in these regards... I tend to use them for a first listen before purchasing the real deal, although Spotify has pretty much taken over for that.

  18. We need to hurry up and get this stuff sorted by Anubis+IV · · Score: 1

    A bit off-topic, but I was watching Star Trek: The Next Generation during my lunch break, and I caught the Samaritan Snare episode, in which some aliens capture a Federation phaser and then proceed to replicate copies of it. Seeing that, I was immediately reminded of all this stuff regarding intellectual property, and it made me wonder: how in the world could a culture like ours survive in a world where even physical goods can be replicated without harm to the original creator of the product? When it's possible to create physical copies of goods as easy as it is to make digital copies now, what then?

    All I know is, we need to get our stuff together so we'll be ready.

  19. Was watching the recent UFC title match on PPV by TheSkepticalOptimist · · Score: 1

    It started off with a copyright disclaimer saying "Piracy is not a victimless crime".

    It got me thinking, yes I feel for the 1% affected by piracy because instead of making $1.4 billion they will only make $1.2 billion this year.

    Most of us just cannot relate to the impact losing $200 million has on your life and so we should do more to prevent online piracy and not steal content ourselves.

    I for one will no longer steal content because I am such an asshole for taking profit away from the 1%. They have mouths to feed with caviar, yachts to fuel, and dreams to realize, just like the rest of us.

    Please, don't make a 1%'er cry by stealing their content.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
    1. Re:Was watching the recent UFC title match on PPV by nightfury · · Score: 1
  20. Re:This was proven years ago... by rudy_wayne · · Score: 4, Insightful

    ... as I recall.

    A few years ago I found a magazine article about music "piracy" from 1981. Back in those days most of the technology we use today didn't exist. Almost no one had a computer, there was no Internet (as we know it today), etc.

    The villain back then, according to the RIAA was cassette tape recorders -- people were making tapes of their friends albums rather than buying them. So the RIAA commissioned a study that they hoped to take to Congress to convince them that they needed new laws to combat this terrible problem. But the report was shelved and never widely publicized because it showed that people who owned high end cassette decks, on average, bought 75% more albums than people who didn't.

    The more things change, the more they stay the same.

  21. Re:This was proven years ago... by rudy_wayne · · Score: 2, Insightful

    Why do I suspect that those with the 2.1 billion downloaded CDs would be listening to the radio instead of purchasing a CD if downloading them was not an option.

    You're exactly right. All of the Media Cartel's claims of lost revenue are based on a fallacy - that every song/movie downloaded equals a lost sale. No matter how many times this is shown to be false, they keep repeating the same lie over and over. Considering the number of times that the Record/TV/Movie companies have cheated artists out of money, this is not surprising.

  22. Re:This was proven years ago... by jxander · · Score: 2

    Possibly... that's why GP said the effect is "difficult to accurately assess."

    If downloading was to suddenly vanish. If, hypothetically, tomorrow all of Pirate Bay dried up and every other illegal method for obtaining music ceased to be... what would the actual effects be? Would all of those people go start buying CDs? Would they just get free accounts on Pandora/Slacker/etc? Or do those people already have accounts on free streaming sites? If I were a music downloader, I'd still listen to the radio from time to time, if only to help discover new artists.

    Certainly some of the displaced pirates would buy a few albums. Possibly virtually via itunes or amazon. And that possibility is what RIAA/MPAA clings to. The possibility that if 1 pirate could be forced to buy through legal means, then clearly they ALL can be convinced. They just need a harder nudge.

    --
    This signature is false.
  23. Re:Yes, piracy did kill something... good bands by alexander_686 · · Score: 1

    Question – why do you blame it on pirates? Not saying illegal downloading does not have an effect. (I think it does but I am reading the article) – but why do you name it as the primary cause?

    Why not blame the consumer for buying other types of media, such as games and videos?

    Why not blame it on market structure where the market has become more efficient and the consumer is grabbing more of the surplus? Consumers are buying more single tracks. They are listening to streaming radio channels which pay less than radio.

    My instinct is that these 2 factors have as much to do with this as anything.

  24. Only commercial piracy should be illegal by Anonymous Coward · · Score: 2, Insightful

    Everyone understands that it's wrong when a commercial outfit pirates and sells music or films for their own profit. Only they themselves would object to it being illegal.

    But non-commercial media sharing is in a very different category to that. The sharing that kids do on the Internet is just today's counterpart to what we used to do as kids back in the day, copy our records onto cassette tape for our friends, and it's certainly not criminal activity.

    It was free promotion back then, and it's free promotion now when done on the Internet too. The labels should be overjoyed that promotion is being done for them, for free. Once fans become fans, they will end up buying the official versions too, because that's what fans do. But without the free initial exposure, they won't become fans in the first place.

    1. Re:Only commercial piracy should be illegal by jones_supa · · Score: 1

      Everyone understands that it's wrong when a commercial outfit pirates and sells music or films for their own profit. Only they themselves would object to it being illegal.

      But non-commercial media sharing is in a very different category to that. The sharing that kids do on the Internet is just today's counterpart to what we used to do as kids back in the day, copy our records onto cassette tape for our friends, and it's certainly not criminal activity.

      Except that if those kids put up a torrent, it's not usually just some copying between the friends on the block, but to thousands of people all around the world, with short delay. It can be much more powerful distributor than a commercial piracy outfit.

    2. Re:Only commercial piracy should be illegal by cheekyjohnson · · Score: 1

      Only commercial piracy should be illegal

      I disagree. I believe that copyright in general should just vanish entirely.

      Everyone understands that it's wrong when a commercial outfit pirates and sells music or films for their own profit.

      I don't understand that, so your statement that "everyone" understands it's wrong is false.

      Only they themselves would object to it being illegal.

      Ah, so anyone who disagrees is on the Bad Guy Team.

      --
      Filthy, filthy copyrapists!
  25. Interesting data, but doesn't support conclusion by Geoffrey.landis · · Score: 3, Insightful

    Yeah. Their data does not support their conclusions.

    First, note that their conclusion was that there is "essentially zero" correlation between illegal downloads and legal downloads. The correlation they found (for every 100 people who illegally download, 2 of them will go on to legally download the music) is insignificant (and "essentially zero" is their phrase, not mine.)

    What they don't measure, though, is what would have been purchased if pirate downloads had not been available. They do say, however, that 20% of the people who clicked on pirate download sites never went to legal download sites, not ever once. If even one in ten of these people would have bought a legal download if they couldn't get the illegal one, that would wash out their 0.2 percent positive correlation entirely, not even thinking about the remaining 80% who sometimes looked at legal sites but ended up downloading from pirate sites. What fraction would have bought music legally if pirate downloads weren't available? I don't know-- but neither do they.

    --
    http://www.geoffreylandis.com
  26. Impact on RIAA damages? by Brucelet · · Score: 1

    If a 10% increase in piracy activity correlates with a 0.2% increase in legal activity then we can estimate that a dollar of stolen media corresponds to $0.02 in lost revenue. If the RIAA came after me for 100 pirated songs, I'd be happy to settle the lawsuit for $2.

  27. Really? by millst · · Score: 1

    That is kind of like saying... "Shoplifting does not impact overall volume from Walmart". Its still theft people!!! Now I'm not saying I never download pirated material, but at least I'm honest with myself in saying that it is still theft. It doesn't matter that it doesn't affect sales. Its still theft.

    1. Re:Really? by erroneus · · Score: 2

      Shoplifting harms Walmart. Infringement through file sharing does NOT.

      And that's the whole point of the research and studies. They show clearly it does not "hurt" their income to infringe. Also, research has shown that by keeping the parties involved with THEIR stuff instead of alternatives, keeps their market popular. We learned that lesson VERY well through Microsoft who famously left security of thier OS license keys absent or weak for a long, long time while they killed the competition and counted "pirated copies" as part of their market share reports.

      So when it comes to online media services, the "most free" will win out over those who are less free.

    2. Re:Really? by VAElynx · · Score: 1

      Nope.
      When you steal from Wal-Mart, a physical good goes missing, that used to belong to Wal-Mart and you have taken it from them. It's easy to calculate the loss from that - a single mars bar, or whatever was it that you nicked.
      When you pirate, nothing goes missing, and the "owner" suffers no losses. All the "losses" are just them treating a distributed pirate copy depriving them of a sale, which is idiotic - it makes no more sense than WotC demanding damages from me because I play DnD 3.5 every weekend when I could be paying them for further editions.
      Hell, a baker suing you for baking your own bread and thus depriving him of sales is another such example.

      Intellectual property is a bullshit concept that arises by trying to fit a model we understand (tangible property and related property rights) to things that don't share salient traits with it.
      Therefore if you pirate, it isn't theft. At the very most, it's breaching someone's privileges.

    3. Re:Really? by AK+Marc · · Score: 1

      It hurts Wal-Mart like walking in, seeing a funny T-shirt, taking a picture of it, and walking out hurts Wal-Mart. Doubly so if you post that picture on your Facebook and 100 of your closest Internet acquaintances go out and buy the shirt. That's the real evil in piracy.

    4. Re:Really? by Jason+Levine · · Score: 1

      If you walk into Wal-Mart, see an interesting product, use your smartphone to look it up online, and see many negative reviews about it, you might decide not to buy the product.

      Therefore, smartphones and review websites cause lost sales and should be banned!

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  28. Re:Yes, piracy did kill something... good bands by rudy_wayne · · Score: 1

    Music sales may be continuing, but the difference is that people tend to buy bands like Justin Bieber or other pop stuff pushed by the record labels.

    In the 1990s, before piracy, one could do well as an independent band, or have a good chance at getting signed and making it big. Back then, if you were good, you had a chance of making it big. Trent Reznor is a good example.

    Fast forward to now. Music as a way of making income is dead, just like textiles and meat-packing. You cannot live off of CD sales

    Sorry, but you've got it wrong. Piracy didn't kill bands, technology did.

    Just as you can no longer make a living selling buggy whips, changes in technology has greatly reduced the demand for physical media. The inconvenient truth that nobody wants to admit is that iTunes and other sources of *legal* downloading is the biggest thing hurting musicians and the record companies. Here's why:

    Until a few years ago, buying music meant going to a store and buying an album. Regardless of the format (CD, Vinyl LP, etc.) buying an album was your only choice. Even if half the songs on those albums weren't so great, it didn't matter. Buying an album was the the only option available to consumers. This was a great deal for musicians and record companies because it meant that they sold a lot of albums and both musicians and record companies made a lot of money.

    Then along comes the iPod, iTunes and all the rest. Suddenly, people can now buy individual songs and put them onto their mp3 player of choice. Not only does this greatly reduce the demand for physical media (CDs), but when their favorite band puts out a new CD they can just buy the 4 or 5 good songs that everyone is talking about and ignore the 5 or 6 shitty ones.

    At this point it becomes a matter of simple arithmetic. Instead of selling a million albums, an artist sells a million copes of 5 songs, and 5 million songs at 99 cents each is a lot less than 1 million albums at $12-15 each.

    The same is true for publishing royalties. Once again, the math is simple. Sell a CD and you get publishing royalties for all 12 songs. Sell individual songs and you only get royalties for the songs sold. The shitty songs that everyone ignores generate no money.

  29. Re:Interesting data, but doesn't support conclusio by PopeRatzo · · Score: 1

    If even one in ten of these people would have bought a legal download if they couldn't get the illegal one, that would wash out their 0.2 percent positive correlation entirely

    Right. It's all a wash.

    So now can we please just stop all the nonsense and have the RIAA leave people alone?

    --
    You are welcome on my lawn.
  30. Neil gaiman proved this years ago. by Anonymous Coward · · Score: 1

    http://youtu.be/0Qkyt1wXNlI

  31. Re:This was proven years ago... by PopeRatzo · · Score: 2, Insightful

    In classical economics prices are determined by the combination of the forces of supply and demand

    Let me know if you run into any of those classical economies. The one we're in is anything but.

    "Supply and demand" are relics of the Industrial Revolution. Few of the really big industries (and especially ones that have to do with virtual property) show any "supply and demand" effect any more. And what constitutes "supply" when you're talking about digital information? I assure you, there has never been a shortage of people making music. And there's no shortage of ones and zeros, so... by my back of the envelope calculations, the actual retail price of an mp3 of a pop song should be much closer to $.0001 than to $.99.

    --
    You are welcome on my lawn.
  32. Belief is more powerful than fact by erroneus · · Score: 1

    This has been proven over and over and over again in all manner of ways and all manner of areas.

    People believe, for example, that homosexuality is somehow learned and that homosexual parents will make gay children. Provably false all over the place. People continue to believe that being cold gives you a cold. This is also provably false and no one ever questions how one gets a cold in the summer time. It's like apples can hit them on the head all day long and they'll NEVER get that apple come from trees because they won't look up!

    So the **AA groups believe that people don't buy when they can infringe. That seems logical on the surface, but reality is different.

    Give people an efficient and reliable way to download things legally, and they WILL pay for it... but it has to be what they want in the way they want it. FORGET about lacing the video streams with commercial ads like on TV. (But they'll do that anyway... they always do.)

    Belief trumps fact all day long. The only way to trump belief is to wait for the believers to die....and hope they don't teach their beliefs to others.

    1. Re:Belief is more powerful than fact by Jason+Levine · · Score: 1

      I still think that the best thing the RIAA could have done to hurt piracy back in the Napster days would have been to 1) buy Napster, 2) put a limit on the quality of shared MP3s (e.g. at most radio quality), 3) offer high quality, non-DRMed MP3s for purchase at reasonable prices through the same system. They would have created the first major online music shop and would have a built-in way for music to spread from person to person while still giving people an incentive to pay for their music.

      Instead they tried the "sue them into the ground" approach. This worked to stop Napster, but it didn't stop piracy. Instead, it lead to a global game a whack-a-mole.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Belief is more powerful than fact by erroneus · · Score: 1

      Agreed.

  33. Re:Interesting data, but doesn't support conclusio by alexandre_ganso · · Score: 1

    you know why people don't even bother anymore to try buying stuff anymore?

    Because the "pirate" download is easier, sometimes faster, and, especially in the case of videos, earlier and better (meaning without all these traillers, fbi screens on the beginning etc).

    Besides, the industry only moved their slow butts for two reasons: this piracy they speak of and apple. If they could, they would be selling nicki minaj crap por 30 dollars each song.

  34. Re:Yes, piracy did kill something... good bands by Hatta · · Score: 1

    Music as a way of making a living is as viable as ever. I spend more per month seeing musicians play live than I spent on CDs.

    --
    Give me Classic Slashdot or give me death!
  35. "... not on revenue from physical formats." by alexandre_ganso · · Score: 1

    Who cares about physical formats except for half a dozen music nerds who wants the "experience" of a physical object? It's pretty obvious that the younger generations just want to hear their music, not accumulate dust.

  36. Distance Reaction Mine by denzacar · · Score: 1

    Car moves too far from your home without you in it - it goes BOOM!
    You don't need to worry about police or insurance either.
    Mine's packaging is covered in Arabic so it all looks like a terrorist car bomb gone bad.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:Distance Reaction Mine by CanHasDIY · · Score: 1

      I think you'll enjoy this, assuming you haven't seen it already.

      Don't worry, it's SFW, assuming your employer doesn't have a grudge against Volkswagen.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  37. Re:This was proven years ago... by CanHasDIY · · Score: 1

    Repeatedly.

    But, just like with the hundreds of studies that disprove the lies about marijuana use, the people who buy our government simply don't care, and will continue to reject reality and substitute their own.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  38. Re:This was proven years ago... by CanHasDIY · · Score: 1

    Dog with Rockets and Machineguns

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  39. Re:Yes, piracy did kill something... good bands by alexander_686 · · Score: 1

    That is a better answer to why people listen to music, but it does not explain the relative decline of music sales to other entertainment products.
    Consider this: The 80’s is generally considered to be the zenith of the mainstream recording industry. Since then the amount people have spent on music has fallen – both in dollar terms or as a percentage of their entertainment budget.

    Video games were a niche product of young men. Today even grandmas are playing the Wii.

    Movies were limited to the screen or rental - buying a VHS movie was about $100. Now it is much easier to buy a DVD to build your library or steam something on line.

    But music was relative cheap, value wise. A low end stereo system did a good job. Walkman allowed you to take the music on the go. Sure, MP3 players are an big improvement – but relatively speaking the 2 examples that I am giving had a relatively larger improvement.

  40. Re:This was proven years ago... by ldobehardcore · · Score: 3, Insightful

    And our government is absolutely willing to believe whatever the entrenched industry tells it. No matter what evidence to the contrary they are presented.

    It's the way faith-based governments work. Just have faith in the lobbies with the most money, and that money will be transferred to you.

    --
    Hectice, baby, Mercator says hello to you
  41. Re:This was proven years ago... by Vrekais · · Score: 1

    They can't all be convinced, there isn't enough money in the world for them to all buy the legal copy hence why the 1 pirate to 1 sale thing doesn't quite work. You can't be sure that if the pirate couldn't pirate they would buy.

  42. Re:This was proven years ago... by jammmie999 · · Score: 1

    my car already has DRM, its called a telematics box, the insurance company mandates I have it, because I fit into a high-risk (young driver) category. But this doesn't stop them selling my data to traffic analysis services. :(

  43. Just In: MAFIAA Doesn't Give a Shit by FuzzNugget · · Score: 2

    The sociopaths in suits are too brazen, too stubborn, too consumed with power, wealth and political connections to care what it says in "some study" that they'll snidely dismiss.

    It doesn't matter if they're factually proven wrong, these sociopaths have continually demonstrated that they are beyond reason.

    When they start losing money because artists are sick of their bullshit? Must be piracy.

    Funding through Kick Starter? Yup, piracy.

    Alternative distribution methods that earnestly attempt to legitimatize? Piracy.

    Licensing with CC or just plain public domain instead? Piracy.

    These rabid dogs are beyond curing and can only be PUT DOWN.

  44. Re:This was proven years ago... by jxander · · Score: 1

    Maybe not *all* of them, but if some could be convinced, more could be convinced. At least, that's the RIAA's stance. They just need to bludgeon a little harder.

    --
    This signature is false.
  45. Re: This was proven years ago... by jxander · · Score: 1

    I'd like to think we're a bit more high speed than that, these days.

    USB stick sneakernet!

    --
    This signature is false.
  46. Re:So what they're saying is... by Hentes · · Score: 1

    No, it means that they are not correlated.

  47. Re:Yes, piracy did kill something... good bands by wiredlogic · · Score: 1

    This is more a product of the payola system that ensures record companies control what we hear on the radio. The bland sameness of contemporary pop music is driven by their need to create stars that they can control and tailor to their market analysis. This is what happens when corporate decision making is driven by analytics. Creativity gets left out of the equation.

    I'm always astonished by the complete absence of talented foreign artists on US radio because someone way up high decided not to allow them entry into our entertainment market. A good current example is the Kiwi Kimbra who backed up Gotye on the strangely successful song of his. You would think that would get her some commercial recognition considering how talented a singer she is (watch her live performances). She released an album and it is not to be heard in most corners of the US market other than a few TV commercials.

    Sure it's hard to get noticed through traditional channels but there are plenty of MySpace (back when it was relevant) and YouTube artists who have developed a following that can drive concert ticket sales. Social media is also influencing the rise of artists to the general consciousness of the public. With a little initiative an artist or group can market themselves and develop a following that could develop into something more. Taylor Swift is a good example of how artists should approach a career in the industry. While she's easily dismissed as a typical pop sensation, take a good look at how she closely manages her own business and cuts out the record industry moochers in the process.

    Back when radio stations had DJs that could control their playlist there was more variety to be had. That variety still exists in venues like college radio stations, NPR affiliates, and the few remaining independent commercial stations.

    There has always been generic pap on mainstream radio. You don't hear the junk that came out in the 60's, 70's, and 80's on the "classic" stations nowadays so that biases the view that what we have today pales to what we had in the past. There's no reason to despair about the "death" of good music. It's there today. You just may have to look harder for it.

    --
    I am becoming gerund, destroyer of verbs.
  48. Re:This was proven years ago... by GrahamJ · · Score: 1

    Keep in mind, too, that songs can act as promotional material for their artists. If someone pirates a song then plays it to a bunch of their friends that can turn into sales. Just as how radio play actually increases sales of the songs played, so too can pirated downloads.

  49. Re:Science Fail: the conclusion is just plain wron by AK+Marc · · Score: 1

    Couldn't be lower discretionary purchases in a recession. No, must be pirates. Note, the rise of the initial piracy, Napster era, saw an increase in spending, up until the recession.

  50. Re:This was proven years ago... by jones_supa · · Score: 2

    Interestingly, does that work only as long as piracy is kept illegal?

  51. Re:This was proven years ago... by sjames · · Score: 1

    I've seen it attempted. Some teens were walking through the parking lot minding their own business when a car said (in that deep monster truck announcer voice) something about 'the viper' and standing too close (they were not really THAT close). One of the kids (apparently intoxicated) yelled "OH YEAH! Well FUCK YOU!" and began smashing the headlights and windshield while yelling "fuck you" repeatedly.

    Yeah, I guess Digital Ride Management works about the same as the other DRM then.

  52. Re:This was proven years ago... by cheekyjohnson · · Score: 1

    And it's just as irrelevant to me now as it was then. I believe people should approach this issue from the freedom angle, not the "Well, it doesn't really hurt sales..." angle; anything else misses the point, in my opinion.

    --
    Filthy, filthy copyrapists!
  53. Re:Not true by cheekyjohnson · · Score: 1

    I don't know that it "hurt" them; I think people just decided to copy data without giving the music industry money. I don't actually think a loss of potential profit is harmful in the first place.

    --
    Filthy, filthy copyrapists!
  54. Re:Interesting data, but doesn't support conclusio by Xest · · Score: 1

    "There is evidence that if illegal downloading were to hit the 100% mark then there would be no music made. (well no professional music made) There would be no way to fund it."

    That's such an awfully stupid comment. If no music was paid for due to 100% illegal downloading there'd be no professional music made - no shit, professional by definition requires payment. Professional is the key qualifier though, there'd still be music made, I know any number of people who have made their own bands for the sheer enjoyment of making music rather than any inherent interest in making a profit.

  55. Re:This was proven years ago... by Jason+Levine · · Score: 1

    Supply and demand are still useful for gauging economic reactions. The problem is that Supply and demand are like Newtonian Physics: Very useful in the simplified case, but there's more going on there. In physics it's relativity. In economics, there are various other forces at work (e.g. lobbying, government action, and, yes, even piracy). Those other forces have an effect on price, though each case varies (and can even vary from purchase to purchase within the same market). Still, supply and demand are still useful metrics to use.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  56. Re:This was proven years ago... by CodeHxr · · Score: 1

    Yes, they are both illegal, but one requires physically breaking into a car, and moving it to another location where you must either strip it for parts or sell it to someone else, and the other can be done from your couch.

    More importantly, stealing a car deprives the original owner of their car. Downloading music leaves the source data completely intact, depriving no one of anything except for "potential" profit.

  57. Re:This was proven years ago... by JBaustian · · Score: 1

    The people who steal music or movies or other digital media were probably never going to buy that stuff in the first place.

    It makes sense, of course, to keep thievery from becoming so easy that everyone can do it -- and it was that way back in the early days of file sharing. But nowadays there is a sharper line between buyers and stealers.

  58. Re:Interesting data, but doesn't support conclusio by Geoffrey.landis · · Score: 1

    What part of "the data doesn't support their conclusion" do you need me to repeat?

    That is, indeed, what they said. However, the data does not support their conclusion.

    --
    http://www.geoffreylandis.com
  59. Re:This was proven years ago... by KingBenny · · Score: 1

    uhuh, i think most people with an eye on the world already knew that but maybe it's nice to see an official governmental organization come to an official governmental conclusion on it so the bought out judges stuck in the past might get a chance to get their head straight about some things before condemning downloadmom or uploadson to a life of crime with excessive fines

    --
    Free speech was meant to be free for all... how can anyone grow up in a nanny state ?