This piracy thing

Message Bookmarked
Bookmark Removed
Okay, I've said on here before that IN BRITAIN it's illegal to copy CDs and sell them for a profit and it's also illegal to copy a CD you own and keep it for yourself or give it to yr gran or whoever.

I know the relevant legislation is the 1988 Copyright Designs and Patents Act, which is impenetrable.
I've just spoken to the Had of Anti Piracy at the BPI and even he is having trouble giving me a better reference. No, wait, apparently Sections 16 and 17 of the 1988 Copyright, Designs & Patents Act are where I should look.

Ack!

While I'm off doing that let's grumble about laws, or piracy (which may be costing people jobs) or both.

Or let's take a poll.
Who here is a criminal?
Come on, hands up!

mei (mei), Wednesday, 22 October 2003 15:12 (twenty-two years ago)

i'm more convinced than ever that free acquisition and distribution of music and other media via online channels is essential to the industry's own progression and even survival. party on.

stevem (blueski), Wednesday, 22 October 2003 15:24 (twenty-two years ago)

Steve, where do you see the money coming from to replace what would be lost through the downloaded music being free. I mean there obviously has to be money coming in from somewhere for it to be an 'industry' right? I'm not being sarcastic. I just can't see how it can carry on without large amounts of money coming in from somewhere to replace the lost income. I have read about major labels being keen to get a slice of artists' other revenues eg t-shirts and other merchandising (this was reported with reference to Robbie Williams' current contract). But even if things like this became standard they couldn't fully compensate for the lost income on CDs surely? I mean you appear to be referring to a future where free downloaded music is the norm not the situation now where it's trickling out unofficially.

David (David), Wednesday, 22 October 2003 17:54 (twenty-two years ago)

'trickling'...'gushing' whatever. A lot is being downloaded but a lot (more) is still being paid for.

David (David), Wednesday, 22 October 2003 18:02 (twenty-two years ago)

industry'll carry on as best it can but the next great bands that're now in elementary school... you think they are going to have dreams of "signing to a major"? Fuck it, they'll take distribution, t-shirts, publishing & the whole 9.

& what does congress think will happen when the porn industry cites precedent & comes to collect on it's intellectual property? a majority of very embarassed paupers & all the money in the nation's entertainment budget straight into the pockets of who?

apologies for americanized references... not so familiar with the UK sitch.

autovac (autovac), Wednesday, 22 October 2003 18:06 (twenty-two years ago)

first of all i remain unconvinced that mp3 file-sharing has had any more of a negative effect on the music industry than saturation of the market (at least by the end of the 90s there were more singles and albums being released than ever), huge budget videos and other luxury expenditure and the idea that we're in a natural 'downcycle' whereby there's a higher level of stagnation, cynicism and apathy surrounding a lot of artists, genres, scenes and record companies now - based on the prospect that the latest revolution in music has been in the way it is distributed and accessed rather than the way it has been produced (ala punk rock, hip hop, acid/rave etc.) and the fact there's now a heritage of pop music spanning beyond 50 years if nothing else...

all i'm saying there is that while its clear the music industry is suffering and in contraction i don't believe that file-sharing is far and away the primary cause. the games and software industries have done nothing but flourish despite the constant problem of piracy for example.

that said, i do recognise that it will be difficult for people to make AS MUCH money as they did in music if so many people are accessing and distributing it for free. i have no real solution to that at present but the pros outweigh the cons as far as i am concerned.

stevem (blueski), Wednesday, 22 October 2003 18:29 (twenty-two years ago)

one consolation for the record companies, labels and management is they can continue to reduce their costs by maximising the use of the internet in promoting new artists and material. 9 times out of 10 i personally will not require a CD to be produced, with cover art and whatever else, I no longer find the physical artefact of a single album particularly desirable (vinyl may never lose it's charm but CDs were never that appealing anyway were they?). not enough people feel that same way yet i know but as long as the music is adequate quality (and if you feel it isn't then by all means buy or order a CD) i much prefer this method. every band's website having a verified paypal account (idealistic but still feasible if you concede how much of the industry is now or will soon be un-necessary) or something similar even more secure might at least be a start towards re-balancing the scales to a satisfactory level ("dear BAND, i just downloaded your new album, here's £10. thanks!").

stevem (blueski), Wednesday, 22 October 2003 18:40 (twenty-two years ago)

Your first paragraph above is surely just a list of some MORE nails in the industry's coffin (they don't nullify the adverse effects of actual sales lost through downloading *). There is certainly room for reduction in costs in things like videos (though perhaps not recording costs - a lot of current pop singles are produced or partly-produced in songwriters' and producers' home facilities - I'm not sure if it's contractually the norm for someone like Rob Davis to invoice the label for the studio time on top of royalties...if not then that would be a huge REDUCTION in costs compared to 10-20 years ago).

* of course a lot of downloading is speculative as in 'I'd like to find out what this sounds like...' - doesn't necessarily equate to a lost sale.

I was interested in your earlier post because you appeared to be suggesting that free downloading taken to its logical conclusion would somehow help the industry.

David (David), Wednesday, 22 October 2003 18:53 (twenty-two years ago)

they don't nullify the adverse effect of actual sales lost through downloading but they do rival it for main cause, i think - but this is really impossible to guage so it annoys me that downloading is automatically seen as the #1 cause (though i do understand why).

free downloading DOES help the industry i'd venture. this is just as 'true' as the 'truth' that downloading hinders the industry. it's hard because the people i know who download the most are also the people i know who buy the most, go to gigs the most etc.

i think free downloading is simply MORE logical than trying to combat it or impede people from accessing music how they want to. of course it's not an ideal or fair situation for all parties but hey neither is capitalism.

stevem (blueski), Wednesday, 22 October 2003 19:00 (twenty-two years ago)

I see what you mean about bands doing it direct - leaving the labels high and dry. (Marillion and a few others have already tried this with some success). But the bands would be just as vulnerable to piracy as the labels. For every conscientious fan who would be happy to stump up the $10 there would be many more who would just want something for nothing. But maybe the bands would be able to get by on the honest ones because they'd be getting a much larger slice of the pie on each sale.

Back on the free downloading - it sort of helps currently, on one level, because it acts as a form of marketing. Downloaders spread the word on new artists, write reviews etc. This can stimulate sales among the people that don't download (and also stimulate more mainstream media interest and radio play - eg the Dizzee Rascal thing - which in turn stimulates more sales). But if EVERYONE downloads, and it's free - through an official channel - where does the money come from? That was my point.

David (David), Wednesday, 22 October 2003 19:11 (twenty-two years ago)

I guess the way it would work is that PAID downloads would be made available with encryption sufficiently strong to deter the average punter. Meanwhile the industry would continue to harry the freeloaders through the legal system - keep them on the run with investigations and prosecutions and keep updating the encryption. Heavy fines and sentences would also help keep the paying punters on the straight and narrow.

David (David), Wednesday, 22 October 2003 19:20 (twenty-two years ago)

yeh, just like the drugs trade, but strangely that doesn't seem to have gone away. you can't fight it so accept it.

stevem (blueski), Wednesday, 22 October 2003 19:23 (twenty-two years ago)

Yes yes but if it takes over and no one pays for music then where do the artists get the money to record. Are you forseeing the collapse of the record label model, with ever cheaper recording technology meaning that all musicians just record at home, make a few bob from concerts and t-shirts and a second job?

N. (nickdastoor), Wednesday, 22 October 2003 19:27 (twenty-two years ago)

i'm not suggesting that music should never be paid for. i think of it more as like the best footballers getting paid £10,000 a week instead of £60,000 a week. they're still going to play football, they'll still be comfortable. certain forces and paradigm shifts may dictate that they can no longer earn what they could've a few years back but that is true of a lot of industries (tho perhaps not the games or DVD industries interestingly).

i think downloading and uploading should be - if not legal - ignored as long as no profit is made from the third party. i think it does more good than harm overall, even to the point where it forces the industry to buck it's ideas up more and ensure the quantity/quality ratio is more appropriate for the consumer (this doesn't necessarily have to involve more funding).

stevem (blueski), Wednesday, 22 October 2003 19:31 (twenty-two years ago)

people are far too obsessed with the idea that if someone can hear and own something for free then that's a lost sale. 90% of the music on my hard drive i don't think i would've bought anyway. sure it's still stealing but until sufficient progress is made in the way the medium is accessed, provided, supported and distributed then i don't see that changing. but i think it's more likely that new ways to profit from making music will emerge (just look at ringtones or whatever for a crude example) than actual new forms or new ideas in actually making music (so we all lose out there in a way).

stevem (blueski), Wednesday, 22 October 2003 19:36 (twenty-two years ago)

Yes once high-profile paid download services * become available they will marginalize the unofficial networks. An analogy: it doesn't necessarily make sense to choose AOL over some obscure, low-profile isp but lots of people feel happier with AOL.

* perhaps with added value - free t-shirts, discounts on concert tickets and other goods...vouchers for a free Big Mac at McDonalds, with a reciprocal deal where the label buys 'airplay' of its latest acts at the restauarants - no more muzak or best of the '80s. Obviously McDonalds wouldn't work for everything...Gap would be a better option for some things.

David (David), Wednesday, 22 October 2003 20:17 (twenty-two years ago)

I just love stealing shit. It's cool. I love giving shit away too.

Sonny A. (Keiko), Wednesday, 22 October 2003 20:24 (twenty-two years ago)

steve is right here - downloading music does not equate with a lost sale; people would not pay money for most of the stuff taken off P2P. And fandom still sufficiently drives people to spend money on CDs, posters, concert tickets, 'official' releases, etc.

I think what really drives the labels insane is losing control of the media chain - there's a whole culture of consumption now sufficiently outside the Clearchannel/MTV/Tower Records hegemony that basically means that they've lost control of the product.

BTW - for the record, it's not 'piracy' if you're not making money from the copy, it's simply copyright infringement; it's not a criminal offence.

Michael Dieter, Thursday, 23 October 2003 01:18 (twenty-two years ago)

BTW - for the record, it's not 'piracy' if you're not making money from the copy, it's simply copyright infringement; it's not a criminal offence.

Michael, is that the situation in the US or the UK (or any other country)?

person#0 (person#0), Thursday, 23 October 2003 18:27 (twenty-two years ago)

Michael - I agree that that's the situation now, and I've often defended home taping and p2p on those grounds. But some people do say that they never really buy music anymore, and a lot of the time those who still do say it's cause they like having the packaging - is this a sustainable situation? I'm not moralising. I was trying to extend current trends into the future.

N. (nickdastoor), Thursday, 23 October 2003 20:06 (twenty-two years ago)

seven years pass...

http://blogfiles.wfmu.org/KF/2011/08/31/Most-pirated-artists1.jpg

tylerw, Thursday, 1 September 2011 21:10 (fourteen years ago)

CCR surprisingly popular

jon /via/ chi 2.0, Thursday, 1 September 2011 21:12 (fourteen years ago)

that can't possibly be right

I mean, Phish?

peter in montreal, Thursday, 1 September 2011 21:13 (fourteen years ago)

If you take into account downloads of live bootlegs, I'm not all that surprised.

jon /via/ chi 2.0, Thursday, 1 September 2011 21:14 (fourteen years ago)

well i wonder if bootlegs play a part in this? like phish people download a ton of shows, which isn't technically "piracy" in the manner i think we think of it, but ...
xp

tylerw, Thursday, 1 September 2011 21:14 (fourteen years ago)

same probably goes for dylan & the dead to some extent

tylerw, Thursday, 1 September 2011 21:15 (fourteen years ago)

I'm so proud of Gentle Giant! They're one of the legible ones!

Axolotl with an Atlatl (Jon Lewis), Thursday, 1 September 2011 21:15 (fourteen years ago)

do you have a link to an original, larger version tyler?

jon /via/ chi 2.0, Thursday, 1 September 2011 21:16 (fourteen years ago)

I was just looking at that.. Why don't they just list them in order like normal people?

billstevejim, Thursday, 1 September 2011 21:18 (fourteen years ago)

the whole thing seems incredibly rockcentric

I guess fans of Madonna actually go out and buy albums

peter in montreal, Thursday, 1 September 2011 21:18 (fourteen years ago)

http://blogfiles.wfmu.org/KF/2011/08/31/Most-pirated-artists1.jpg

tylerw, Thursday, 1 September 2011 21:18 (fourteen years ago)

The Mountain Goats are legible? (sorry aero)

textbook blows on the head (dowd), Thursday, 1 September 2011 21:18 (fourteen years ago)

The Blow was downloaded more than Cold War Kids or All-American Rejects?

Evan R, Thursday, 1 September 2011 21:19 (fourteen years ago)

lol @ Black Kids slightly bigger than Muddy Waters

jon /via/ chi 2.0, Thursday, 1 September 2011 21:19 (fourteen years ago)

looking at it, the whole thing seems a little suspect, wouldn't mind learning more about how they came up with this.

tylerw, Thursday, 1 September 2011 21:19 (fourteen years ago)

Mariah Carey was downloaded less than Stars but about as much as Mates of State? Really?

Evan R, Thursday, 1 September 2011 21:21 (fourteen years ago)

Umphrey's McGee?

Fig On A Plate Cart (Alex in SF), Thursday, 1 September 2011 21:21 (fourteen years ago)

Pink Floyd rules so hard they even rule at getting pirated.

billstevejim, Thursday, 1 September 2011 21:21 (fourteen years ago)

mountain goats as big as blink 182...this ~means~ something.

tylerw, Thursday, 1 September 2011 21:21 (fourteen years ago)

Note this covers only from 2007-2010

jon /via/ chi 2.0, Thursday, 1 September 2011 21:22 (fourteen years ago)

Boxcutter jumps right out at me, that seems kinda bizarre given that he doesn't seem nearly as popular as many of the other acts with a similar size on the graphic.

Lol at Ricardo Villalobos being right on the fringes in the top left-hand corner - as in music, so to piracy, eh? (kinda)

ha ha ha ha jack my swag (boxedjoy), Thursday, 1 September 2011 21:22 (fourteen years ago)

^^It means the graphic isn't reliable

Evan R, Thursday, 1 September 2011 21:22 (fourteen years ago)

Source: data scrape of the largest private music tracker in the world, with a membership of over 100,000 users.

Whatever that means.

jon /via/ chi 2.0, Thursday, 1 September 2011 21:23 (fourteen years ago)

yeahhh, what does that mean?

tylerw, Thursday, 1 September 2011 21:23 (fourteen years ago)

Breathe Owl Breathe?

Fig On A Plate Cart (Alex in SF), Thursday, 1 September 2011 21:23 (fourteen years ago)

anco look surprisingly big

just sayin, Thursday, 1 September 2011 21:24 (fourteen years ago)

Thats kinda like listing "Popular encyclopedia with over 100,000 readers." as a source for a term paper.

jon /via/ chi 2.0, Thursday, 1 September 2011 21:24 (fourteen years ago)

One of the ironies of the RIAA crackdown is it that it made people afraid to pirate major label music , but did little to deter them from downloading indie stuff, which they probably wouldn't be sued for.

If this graph were more trustworthy, it could be cited as evidence of that effect

Evan R, Thursday, 1 September 2011 21:31 (fourteen years ago)

Do you have any evidence to back that claim up?

Fig On A Plate Cart (Alex in SF), Thursday, 1 September 2011 21:40 (fourteen years ago)

Because the RIAA "crackdown" didn't appear to do much to deter anyone from doing anything and major label music sales would appear to back that up.

Fig On A Plate Cart (Alex in SF), Thursday, 1 September 2011 21:41 (fourteen years ago)

No evidence at all, just a theory in search of evidence. But I did have friends who were scared witless of downloading major label music, but had no qualms about helping themselves to any matador/sub pop release they wanted

Evan R, Thursday, 1 September 2011 21:44 (fourteen years ago)

Why is there so little hip hop here? On most torrents, top 20 is 75% hip hop.

paulhw, Thursday, 1 September 2011 22:08 (fourteen years ago)

I think their "source" is the Geir Hongro Subsidized Rockist File Sharing Database.

jon /via/ chi 2.0, Thursday, 1 September 2011 22:12 (fourteen years ago)

Perhaps it's just that people who are discerning enough to choose what they listen to are also discerning enough to choose how they get it. This is the best music chart I've seen in my whole life btw.

Autumn Almanac (Schlafsack), Thursday, 1 September 2011 22:13 (fourteen years ago)

I mean there's stuff on there I've never heard of and am already curious about.

Autumn Almanac (Schlafsack), Thursday, 1 September 2011 22:14 (fourteen years ago)

re: geir hongro rockistbase -- is that what what.cd is called now?

Philip Nunez, Thursday, 1 September 2011 22:15 (fourteen years ago)

Also (assuming this chart has any grounding in reality at all) The Beatles is probably the biggest name there because it was famously unavailable to buy digitally until last year.

Autumn Almanac (Schlafsack), Thursday, 1 September 2011 22:16 (fourteen years ago)

I'm so proud of Gentle Giant! They're one of the legible ones!

― Axolotl with an Atlatl (Jon Lewis), Friday, 2 September 2011 07:15 (53 minutes ago) Bookmark Suggest Ban Permalink

Bigger than King Crimson! Again, probably more to do with availability than anything else.

Autumn Almanac (Schlafsack), Thursday, 1 September 2011 22:18 (fourteen years ago)

just to give a little insight to the phish thing from upthread: phish allows the unlimited trading of audience recordings of their shows (i.e. made by kids with microphones and machines in the "taper" section). they offer for sale via their website (for prices that are like crazy eddy's used car lot level reasonable) soundboard recordings of their shows, usually available withing hours of the show. despite the aforementioned rockbottom prices, the soundboard recordings are definitely passed around for free anyway. so maybe that accounts for their inclusion.

esteenban HOOTez (kkvgz), Friday, 2 September 2011 11:26 (fourteen years ago)

Clearly that's just a scan of one eclectic dude's monthly downloading habits.

Josh in Chicago, Friday, 2 September 2011 11:50 (fourteen years ago)

I suspect that this is a straight scrape from w✧@✧.c✧, in which case it's skewed by freeleeches and so on. Beatles box set was freeleech for a while and so EVERYBODY downloaded it, whether they wanted it or not.

get ready for the banter (NotEnough), Friday, 2 September 2011 13:39 (fourteen years ago)

yeah... the ratio system seriously distorts people's download behavior on that site. a lot of bandwidth wasted as a result. it's sad because bittorrent was supposed to make enable a more efficient use of bandwidth.

elan, Friday, 2 September 2011 15:56 (fourteen years ago)

supposed to make enable

smh

elan, Friday, 2 September 2011 15:57 (fourteen years ago)

like do i seriously have 7 gigabytes of music i don't even plan to listen to?!

elan, Friday, 2 September 2011 15:58 (fourteen years ago)

or maybe it is efficient... making bandwidth barterable?

elan, Friday, 2 September 2011 15:58 (fourteen years ago)

not sure how the ratio system would lead to a waste of bandwidth. it's simply an incentive to keep people seeding and thereby increasing their own ratios, so that they can in turn download more stuff. that's how it's supposed to work anyway

ban this sick stunt (anagram), Friday, 2 September 2011 21:04 (fourteen years ago)

who are "The Disco Biscuits"?

naus, Friday, 2 September 2011 22:19 (fourteen years ago)

Uniting elements of electronic dance music with more traditional forms of American rock, the Disco Biscuits have long established themselves as one of the most exciting - and influential - touring bands in the country. In the late 90s, the band pioneered a unique style of music, often referred to as "trance-fusion," that distinguished them from their peers, while heavily influencing an entire generation of younger "livetronica" acts.

ban this sick stunt (anagram), Friday, 2 September 2011 22:42 (fourteen years ago)

oh man

Number None, Friday, 2 September 2011 22:43 (fourteen years ago)

anagram -- it incentivizes people downloading things they don't want to listen to, just in hope of getting uploading some of it back for ratio. i've seen tons of torrents that are posted, promptly downloaded for a couple dozen users, and then never downloaded again... it's clearly users hoping to upload to each other for ratio. a bandwidth ponzi scheme?

elan, Saturday, 3 September 2011 01:52 (fourteen years ago)

like, people are using bandwidth on the wrong stuff -- the stuff that nobody will listen to. it's cool that all that music is available, for free, high quality, but the system is flawed.

elan, Saturday, 3 September 2011 01:56 (fourteen years ago)

but i guess it works... i can download as much as i ever could on slsk, but the quality is so much higher and the downloads are faster.

elan, Saturday, 3 September 2011 01:58 (fourteen years ago)

xp The upload/download ratio system on many BBSs in the early Nineties had a similar bad effect, and vectored a lot of viruses to boot.

Christine Green Leafy Dragon Indigo, Saturday, 3 September 2011 02:21 (fourteen years ago)

The graphic shows the Legendary Pink Dots were more downloaded more than either Nick Cave and MBV, which seems a little odd..

Night Nurse with Wound (Jack Battery-Pack), Saturday, 3 September 2011 07:08 (fourteen years ago)

This graphic seems influenced by possible quantity and availability elsewhere.

I've been coming across a comprehensive series of uploads of everything ever associated with L. Pink Dots. There really is much less popping up on Nick Cave or MBV.

The Who are pretty small compared to David Bowie on the picture too, but there has been a complete Bowie Archives series turning up from a defunct list, while there seems to be a still functioning Who private site going.

Flaming Lips fans have some FTP server going, so there stuff doesn't turn up as often on torrent sites.

Every single pressing of every Beatles boot or official vinyl is out there for the comparison.

Zachary Taylor, Saturday, 3 September 2011 07:28 (fourteen years ago)


You must be logged in to post. Please either login here, or if you are not registered, you may register here.