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Posted on December 3rd, 2008 by Darien Graham-Smith

My mummy said it’s good to share

In David Bayon’s latest blog post he discusses a new tool which makes it almost effortless to download music for free. Really he shouldn’t refer to this as “stealing” – that entails taking someone’s property so as to permanently deprive them of it, which isn’t what’s happening here. But I think he’s absolutely right when he says it’s “hard to see what sites like Amazon can do in the long run” to compete with free unauthorised downloads.

Because the fact is that BitTorrent is only gaining momentum. A huge number of people now get their music this way (and see nothing wrong with it, as noted by Tim Danton in another recent blog post). As I write this, one popular BitTorrent tracker is reporting over 21 million users currently uploading or downloading data. A recent study by Jupiter Research estimates that a fifth of Europeans actively use file sharing sites – twice as many as use the iTunes store.

Clearly this is a problem. When such a large segment of society is at odds with the law, something needs to change. But what? Do we need to rethink the law, or do we just need to work harder to stop people sharing music and video files?

Before we can answer that, I think we need to understand what we’re actually trying to achieve. I believe the presumption should be that people are free to do what they want on the internet (and elsewhere) so long as it doesn’t harm anyone else. So the first question is: what precisely is the harm that’s done by file sharing? Why, in a nutshell, do we care about all these people sending music files back and forth between their computers?

I’ll return to this subject in my next blog post; but before I do I’d be interested to hear your views on the above questions. So please, comment below and let me know what you see as the problem with file sharing.

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16 Responses to “ My mummy said it’s good to share ”

  1. David Bayon Says:
    December 4th, 2008 at 12:18 pm

    True, it’s not technically “stealing” but I’d say it’s the closest yet. It’s the equivalent of standing in HMV with your laptop open and BitTorrent fired up, and getting the staff to recommend music for you to download right in front of them.

    You may not be “stealing” any actual products from Amazon using the tool, but you are essentially using their huge investment in the website and recommendation engine, without giving anything back.

     
  2. Noghar Says:
    December 4th, 2008 at 2:29 pm

    I am fed up with twerps who harp on that filesharing isn’t theft because theft is/was once defined as ‘taking someone’s property so as to permanently deprive them of it’. I spend my time and talent and years of practice writing a song and performing it, I sell it as a recording so I can eat and pay my rent, you take that recording and make illegal copies and pass them on to an indeterminate number of your mates, yes, you’re stealing from me. You haven’t bought the record, your mates haven’t bought the record. What the fork am I supposed to pay my rent with? Why the fork do I bother writing the music? When I give up writing music and go back to working as a forklift truck driver so I can pay my bills, who wins?

    Just because it is easy to steal music and just because music is not a tangible thing like a car or a wallet does not make any other than theft. Regardless of what Wikipedia tells you the law defines theft as. Morally you should pay the artist something. And people who think it’s cool to downloadforfree when an album costs £3 are cheapskate, miserable scumbags. Free music is not a human right. If someone entertains you, pay them for it.

     
  3. Tom Richards Says:
    December 4th, 2008 at 2:44 pm

    Noghar, I went to see Neil Gaiman speak recently, and he had an interesting perspective on your problem: http://www.openrightsgroup.org/2008/10/24/come-see-neil-gaiman-talk-in-london-tonight/

     
  4. NogharNogharNoghar Says:
    December 4th, 2008 at 3:56 pm

    Noghar, please. Making music is not a full time job unless you’re pretty successful. I take it you are not, since most musicians who are would never post in such threads complaining about potential fans

    Your album might only cost £3 but most other music costs more, much more.

    Why is your album only £3? Are you trying to sell more with this low price, or is that all it’s worth? And it STILL isn’t selling? I can see why you’re annoyed.

     
  5. David H Says:
    December 4th, 2008 at 7:06 pm

    Its rather delicious seeing trendy left wing youngsters developed to have no respect for any laws by trendy left wing educators stealing from trendy left wing artists… Every song pirated from Madona is just wonderful.

    Seriously I happen to think that a system of copyright for life + 10 is reasonable. I have given up buying CD’s of music because of DRM, I do not buy files of music because its a pain, different formats, inability to use in different players etc. and DRM again. I hate fair use being undermined, why can’t I copy a DVD so that I do not have them stolen from the car DVD player.

    Its a mess in all ways

     
  6. Noghar Says:
    December 4th, 2008 at 7:27 pm

    I mention the £3 because Amazon yesterday was offering the latest Snow Patrol, Coldplay and Kings of Leon albums for £3 each to download – and some people still think this is too much. I don’t make a living from music, I make my living from writing for TV, and I do okay. So while I am not as vulnerable to piracy as a musician I am still vulnerable, and the principle is the same. And what is your point anyway? That if I were a less successful musician I would have fewer rights than a successful one? That if I were more successful I shouldn’t mind losing 30% of my earnings to people who could pay but can’t be bothered because the music is so easy to nick?

    It is true that the old CD buying paradigm, setup, whatever, has collapsed, and now music is being delivered direct to the fans by the bands. But it doesn’t change the fact that musicians and artists and the people who produce intangible goods are as entitled to be paid for their product as the farmer selling apples. Part of me rejoices that record companies have less to spend on cocaine, whores and parties. But the bigger part of me believes than a worker is entitled to be paid for his or her work, and no amount of sophistry about ‘not permanently depriving someone of their property’ can change that.

     
  7. technogeist Says:
    December 4th, 2008 at 11:33 pm

    Why do some manufacturers of cd/dvd burners i.e Sony, also represent & publish the music of artists that their hardware is making so easy to copy.
    If I were a musician. I’d be asking ‘OK who did I sign the deal with, Jeckyll or Hyde?’

    It’s the dirt-cheap hardware which makes no attempt to put obstacles in the consumer’s way, making it a win-win for the pirates. Some software such as Nero does attempt to block copying of copyright materia. So many alternatives to Nero etc, cost nothing and don’t even try to block the use of copyright stuff. Another win-win for the pirates.

     
  8. technogeist Says:
    December 5th, 2008 at 5:32 am

    An ideal christmas gift for little tikes.

    http://www.computergear.com/pispcdho.html

     
  9. Simon Jones Says:
    December 5th, 2008 at 2:57 pm

    I still don’t understand what all the fuss is about. I read somewhere once that downloading will be the death of music. How can it be when musicians and artists like myself write and perform music not for money…But for something else far more rewarding… fun and entertainment!
    Musicians and artists a few generations back couldn?t even record music! But they still created it and made a bit of cash from entertaining people. Music has been around thousands of years and is a strong social glue. Do we really need to be slapped with the label of stealing music when we all sing “happy birthday” etc…Freddie Mercury, Frank Sinatra, Kurt Cobain, Jimmy Hendrix, John Lennon and Bob Marley certainly don’t live on because how much money they made throughout their career. And they would always have been making music and playing in pubs and clubs even if they weren?t megastars.
    I think its brilliant that I have access to a million different artists and can find new ones on a daily basis (how is this possible with the old fashion radio and purchasing music model) If I really like and respect the band they’ll probably make a bit of money from me going to see one of their shows. But if they are half way decent they’ll build up respect and a fan base. Why is money the most important thing? Can’t musicians work in other industries and just create music as a sideline? Professional music is so cheap to create and produce in your own bedroom. Why can’t a free model work? I’m not starving and hungry and I can still pay my mortgage – but I write and give my songs away for free. This is the modern world get used to it. Things change! Technology changes everything and it’s attitudes that need to move with the times not stay stuck in the past? Check out simonband.co.uk if you get the chance. Cheers!

     
  10. technogeist Says:
    December 6th, 2008 at 1:11 am

    Those millions of artists that you have to choose from were remunerated from the old model. How much choice will there be when that model is undermined?

    Its going to be like multi-channel TV. Having to seek out gems from a sea of mediocre crap.

     
  11. Rodeo Skunk Says:
    December 6th, 2008 at 4:37 am

    Isn’t it the uploaders that are the problem rather than the downloaders?

     
  12. Rodeo Skunk Says:
    December 6th, 2008 at 4:39 am

    Isn’t it the uploaders who are the problem rather than the downloaders? Wouldn’t it be easier to chase the uploaders since there are probably far less of them?

     
  13. technogeist Says:
    December 6th, 2008 at 8:26 am

    Until there’s universal cooperation between countries about identifying and allowing extradition (where court appearances are required) there’s unlikely to be progress.
    Then there’s the issue of the non-techies who don’t know or care, that their wireless networks are using weak or non-existent encryption, which makes the uploader’s life that much simpler.

    A far more effective method would be to remove filesharing domains from the DNS server records. The last time I checked there is gov’t control of ICANN.

     
  14. technogeist Says:
    December 6th, 2008 at 8:33 am

    An afterthought..

    Maybe a case can be made for a ‘ threat to a country’s economic health’, this could be used as a way to persuade uncooperative countries that knowingly allow filesharing (trackers and hosts) to operate within their borders.

     
  15. Simon Jones Says:
    December 8th, 2008 at 11:10 am

    technogeist … With the old model people still had to seek out the gems from a sea of crap. There has and always will be crap on the airwaves and in the shops. But it’s all based on your own personal viewpoint about what is good and what is bad. There was less choice than today because less people could afford the fees to record and there were a lot less outlets for musicians. You had to have big record industry backing or you’d get no where. Today anyone can make a record and anyone can put it online and anyone can publicise it. And feel proud of what they have created. Good music will always spread by word of mouth. I really do not believe things will be like multi channel TV because on line music is much more of a social thing and can be spread. Sure you can get swamped by the multitude of choice but that’s what’s so good about it being online – you can get recommendations for other artists you may be interested in.
    And any way the point is not about having too much choice because that will come from an internet based model – whether you pay for it online or get it for free.
    I believe the choice will still be excellent because 1) all the many years of music are available freely and 2) People will perpetually create and put music online because they can and will and because music is fun!!!
    The public don’t have a problem with free music. Most of the artist’s don’t have a problem with it. Get your music for free and go pay to see the artists and buy their T-Shirts. (If they are after money). Or just get their music for free because we will keep making it despite not making any money from it. Forget the old model because it’s on the verge of being history. There is absolutely nothing that can be done about that. Move on and cut out the record industry because it is such a restrictive institution!

     
  16. technogeist Says:
    December 9th, 2008 at 4:02 am

    Good music made by whom? If a musician’s chance of making a decent living is diminished, why would/should they pursue a career in music?

    I agree that the music industry is its own worst enemy, and has shown enormous greed. But they still have a role to play in developing new talent & funding the expensive tours that you ‘hope’ will happen in future.

    Only time will tell.

    Like yourself, I hope that future bands ‘can’ cut out the middleman by going the direct route, through website sales. Until then I believe that the old model still has benefits for the cash strapped wannabes
    .

     

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