[Tales of a Scorched Earth
Thursday June 26, 2003

del c:\mp3\*.*

Written by gatmog at 02:20 PM
Categories: music
"It really is unprecedented to sue your best customers...It's plain that the dinosaurs of the recording industry have completely lost touch with reality." - Fred von Lohmann

I sense a theme in here. Yet again I must take you through the wayback machine to another post, where I discussed the detriments of having music CD copy protection that basically categorizes your users as those who “have a shitty computer that won’t play this” or “have a shitty computer that won’t play this, but it will work on my stereo so I will buy it anyway”.

The latest tactic in the RIAA’s war against humanity is going after individual users of file sharing software. Hold back the laughter, I know it's hard – but you must keep reading. We all saw the RIAA take a run at Napster a few years ago, and everyone knows how that turned out. About a million different file-sharing clients emerged from its wake. Yeah they were around before Napster died - but Joe User didn't know about them. That is, until the media started talking about them. Then stuff like LimeWire and other Gnutella-based clients took off. Then of course Kazaa came along to basically take the crown. And then a couple months ago a US Federal judge made a landmark descision declaring these file-swapping programs legal.

Excuse that poorly written bit of history - but I am coming to a point. This latest round of attacks against the common filesharer reeks of desparation. There seems to be a media blitz covering this absurd decision, and the only ones it is hurting are Joe User and his family. It is FUD at its finest; the RIAA is using scare tactics to instill fear into the common man so that the next time s/he fires up their favorite MP3 sharing tool they will think twice. This may be a bit of a reach, but I’m willing to bet half the time the common MP3 sharer doesn’t realize what they are doing. It’s so commonplace they don’t even think it’s against the law.

In this new strategy, just who are the RIAA going to go after? Kazaa users? Grokster users? Anyone using gnutella-based clients is essentially untraceable, until you go to the ISPs. But then, as the c|net article says, the RIAA will have to put in hundreds of requests to multiple ISPs to monitor suspected user activity. Taking the typical conspiracy theorist’s approach, I highly doubt they will be hunting for their so-called offenders through legal means.

Wouldn't the money for this new initiative be better spent trying to develop a new model of distribution that is reasonable to consumers? And who is going to pay for these lawsuits? I can just imagine the price of CDs skyrocketing. The amount of money that is pumped into the recording industry each year is absurd. I do not believe for one second that the bands are losing out on music piracy. It is the record companies, all the way: the mind-numbing ad campaigns for a record release, the promotional materials, the packaging, and the radio exposure. On top of that they are going to spend tons of money going after people who maybe took the "fair use" clause a little too far, and happily offset the cost of this to the consumer.

Live in the fucking modern ages. We don't all need turntables to listen to music anymore. Suing your market, or even threatening legal action, is not a way to increase sales. It is a way to frustrate and alienate your biggest customers - the general public - and in the end it will make them want to find new ways to screw you over even more.

Comments

Perhaps the RIAA is like the train, it's engineer dead, slumped over the controls leaning on the throttle.

When first unleashed the RIAA targeted companies which were attempting to create new business models which were unfortunately based on the act of distributing a product they didn't own. Not a good foundation for any business and not surprisingly the model failed.

I agree that RIAA is out of control. The ones who unleashed this beast are probably hemorrhaging cash on legal fees and there is no end in sight. The lawyers have tasted flesh and smell of blood in the water.

I am going to pause now and flip the coin. It's not a popular thought but I'm going to say it anyway:

Downloading commercially produced music is theft.

I can imagine the screams of outrage, the pounding of desks, and the self righteous diatribes that might follow a comment like the one I just made. I am not going to hide behind a shield of innocence. I doubt there are many who have access to the Internet that can claim innocence these days.

When you stop talking about how the music industry has been abusing the privilege of distributing music from artists to people and how the current business model just doesn't work anymore, you are taken back to the source of the issue. The music itself.

Someone wrote the lyrics. Someone wrote the music. Someone performed the song. The product is a distinct pattern of sounds created from a unique collaborative experience.

This is all before you get into the host of other people involved with creating and distributing the physical manifestations, the recording industry. I'm not going to talk about them yet.

A very long time ago, our society determined that such products needed to be recognized as having an owner. They created a law that would protect the rights of those who go to the expense of creating a product. This protection would allow them to build a business model that supported the act of creating more products.

This law hasn't been rescinded and the products it is applied to haven't changed. The technology available to us all has just made it easier to ignore.

It doesn't really matter who holds the copyright to the music being downloaded. Evin if it was held by Satan himself, the act of taking copies without fair recompense to the copyright owner cannot be justified as it is breaking the law.

The law is not unjust. Perhaps those who are currently benefiting from it are not thought to be worthy of its protection, but the law is blind to such things. As it must be.

Don't get me wrong. I want a better business model. I think the music industry has poisoned the concept of distributing music. The fat cats need to be kicked out and a new way needs to be designed.

But make no mistake. The new way MUST continue to enforce the protection of copyright. Those that create must be allowed to benefit from this precious skill.

Another echo from the Internet.

Posted by: CobaltWolf at June 28, 2003 06:40 PM

I completely agree with what you are saying. Copyright should be enforced. But the Mp3 phenomenon is out of control. There needs to be a significant shift in the way music is distributed to the public, otherwise, the theft will continue. Once someone can obtain it for free, there is little reason for them to turn around and pay for it when the cost of a music CD has been static since 1987. Apple's $0.99 per song service is a step in the right direction.

The biggest problem that I see is that these threats are simply a way for the RIAA to justify its existence. They are the epitome of the "middle man". If the bands did not sign a contract, they alone would hold the copyright and complete creative control over their own material. As it stands now, the industry makes the artists sign over their souls while marking up the price of CDs where maybe 1 or 2 songs are actually worthy of human ears. It is absurd, and the business model *has to change*.

It grieves me that there is no middle ground on this issue. The internet is made out to be a den of thievery and no morals - whether it be stealing music, movies or pornography - by the mass media. Until the major artists wake up and realize that they can make money by directly interfacing with their fans, the Industry will continue to reap the benefits by screwing the artists *and* the fans.

Posted by: gatmog at June 28, 2003 08:55 PM

Facts:

1) It takes a lot of money to create a superstar.

2) Almost every musician wants to become a superstar and believes they will be one.

3) The market will only absorb just so many before it becomes saturated and fails to support new attempts.

4) The lifespan of celebrity is extremely short and must be fueled by increasing amounts of money to sustain it before it sputters into oblivion.

5) The energy and creativity levels needed to sustain the interest of the fickle fan base is almost beyond human endurance.

6) The industry will only lend its considerable support to those it believes are salable. Others are cut loose at the earliest sign of diminishing interest.

All of the above facts are symptoms of a sickness our society continues to support, Celebrity.

As long as there is a drive to become larger than life there will be an industry to support this need and feed from the victims. This can be seen in more than the music industry. Movie stars, sport superstars, even book authors are affected.

Conversely, as long as society craves bold new leaders, shamans to show us the way, there will be an industry to fill this need.

The music industry has taken to creating it's own superstars to increase its return on investment. They create the impression of talent where little exists. Boy bands and young tartlettes shaking their goodies for the thronging masses of adoring fans. Generating millions to feed the machine.

All of this said, money is a key ingredient in the process of stardom. No one involved in the star making machine wants to give up any of the benefits of the process. A new model that generates many small transactions in place of fewer large ones is too much of a risk for the existing system to take. It might just take a complete collapse of the existing structure to allow something new to be born from the ashes.

However, there is little chance that the desire for stardom and society's need for celebrities is going to change in any significant way. No one really wants to give up their desires even for the greater good.

Defining a solution that allows artists to reach a satifactory level of success while their fans get enough of a fix is a daunting challenge.

Posted by: CobaltWolf at June 29, 2003 01:05 PM
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