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March 14, 2006
File sharing 2.0: morals and legality
Imagine yourself at Target, browsing the new CD releases. You find that new CD you have wanted for weeks, so you buy it.
You do not even consider stealing it because you know it is wrong. Now, instead of going to a store, imagine you are sitting in your room at your computer. You find a website that has that same CD that you want, but it is now free. You decide to download it. Congratulations, you have just broken the law!
File sharing can involve downloading any type of information, including music, movies, and games. Music files however, are the most common files to share because they are the smallest in size and can be downloaded the quickest. Larger files being downloaded can slow down internet servers.
Illegally downloading copyrighted music is the same thing as stealing, and carries strict penalties: $250,000 fines and up to five years in prison. People assume that since downloading a CD over the internet is done alone, that means there is no way they can get caught.
This, however, this is an incorrect assumption; computers have specific ID’s for sending and receiving data. In fact, the record industry can trace the file being downloaded back to the source.
The Recording Industry Association of America (RIAA) is the main opponent to file sharing. The RIAA states that, “Sharing unauthorized copyrighted works is considered direct infringement.”
Simply put, this means anyone who downloads free music is breaking the law. The heavy fines and jail time put into place by the RIAA and the courts are used to scare away would-be music swappers.
The RIAA hopes to direct all internet music traffic to websites such as Apple’s iTunes, Rhapsody.com, MusicNet.com, and the new Napster for legal music downloads.
Websites including Redlightglow.com and glassdanse.com are the RIAA’s main concerns; sites such as these are constantly being discovered and shut down with the Digital Millennium Copyright Act (DMCA) of 1998.
File sharing and the music industry
The music industry feels the effects of file sharing the most. According to the industry, there are two positions to take: pro or con. Pro involves all the up-and-coming bands that have not had significant exposure yet; file sharing gets their name out to the public. Con involves well known bands; file sharing for them has potential to hurt record sales.
According to Nick Hentges, freelance music producer of Lagoon Productions in Mound and Minneapolis, “File sharing is devaluing entertainment, but it can also be a powerful marketing tool.”
His theory is that the focus on file sharing hurts record sales, which hurts the smaller bands getting booked to larger tours with bigger headlining names. This decrease in record sales also hurts revenue streams because the label will not realize these smaller bands are an asset for the company.
The alternative view of Hentges’s theory is that file sharing is a powerful marketing tool that can be used to get bands world-wide exposure without doing much work.
For example, at the Institute of Production and Recording in Minneapolis, a student had his material available on the internet for downloading. It became the craze in Brazil, and he was flown there to play a week of sold-out shows. The material was number four on Brazil’s radio charts, all because of file sharing.
Still, there are people in the industry who take a clearer stance on file sharing. Who could forget the band Metallica, who constantly speak out against file sharing and believe it is ruining the industry?
In the opposite camp there is relative newcomer, Keaton Simons, who has a full album available for free on Purevolume.com.
The “Grey Area” of file sharing
There are certain websites out there that promote free file sharing. For instance, MySpace.com, PureVolume.com, and other websites have material that is allowed to be shared. This is where the file sharing argument gets confusing.
Bands on these sites can personally post songs for play and download, with some bands even posting complete CDs that are also available for sale in stores. Is it morally wrong to download the CD instead of buying it?
The answer is no because the band and only the band posted the material for downloading. Bands consider this type of file sharing a good way to promote themselves.
This promotion can go as far as to get bands signed to record deals. The band Panic! at the Disco, originally from Las Vegas, gained so much popularity on MySpace.com that they were signed by Fueled By Ramen Records. This spring they are performing on tour with consistently sold out shows.
Public opinion
To the public, file sharing is an issue involving personal morals. Most people realize it is stealing, but they download regardless because they think they will not get caught. Millions of people partake in file sharing, so the odds of being caught are low, but if someone does get caught, the penalties are extreme.
While some people download illegally, there are others who refuse to. These people may want to support the artist, or may want to have an original copy, or may simply be afraid of being caught.
Still, there are other people who just do not get involved with file sharing because they don’t know what it is.
Consider this year’s Oscars: host Jon Stewart said a quick joke about file sharing, telling parents to “Go upstairs and ask your children who the artists are that will be performing at the Oscars.” He implied that the parents did not know the bands, but their children would know, because they would be sitting at a computer illegally downloading music.
File sharing remains a controversial issue. However, several bands have demonstrated that it can be a money making machine. Despite their success, other artists have claimed that it has hurt the music industry.
Either way, the issue continues to be a relevant issue certain to be on the minds of artists everywhere for a long time to come.
Posted by dwright at March 14, 2006 08:46 PM
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