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Music Media The Almighty Buck Your Rights Online

The File Sharing Report 306

An anonymous reader writes "In July, Slashdot posted an article about the file sharing experiment, which was a database where users could report items they've purchased as a result of file sharing. The author has completed the experiment and written a report outlining the results. He offers the philosophy that file sharing is a result of the industry's failure to meet the business models demanded by today's consumer, and provides many suggestions to the various industries on how to take advantage of the market emerging from file sharing to generate revenue."
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The File Sharing Report

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  • coral link (Score:3, Informative)

    by Anonymous Coward on Saturday September 18, 2004 @05:10PM (#10286769)
    • Re:coral link (Score:2, Interesting)

      by mcovey ( 794220 )
      downloading makes sense. in fact, the providers of these albums should make the songs available on their websites (i mean the whole thing not a 32k clip). I never added to this list but I've paid foreign record companies about $500 for music due to p2p. nothing to american labels because I figure since I still share after I download (so others can try it too), one day they'll sue me and I'll end up paying. not. :-D
  • by jakek101 ( 652878 ) <lechimp AT gmail DOT com> on Saturday September 18, 2004 @05:15PM (#10286789)
    What about all of the files that these people continue to listen to, but don't delete or buy legit copies of? How much of their music do they actually own? My friends like to tell me that they wouldn't have bought the CD anyway, so downloading it doesn't hurt anybody. This may be true in some cases, but I think most of the time people just decide that they wouldn't have bought it post download.
    • by Randy Wang ( 700248 ) on Saturday September 18, 2004 @05:23PM (#10286829)
      But how are you supposed to make an educated decision without downloading it? ;-)
      • Well, I do think the music industry needs to find the online equivalant to the listening station at the record store. Find a way that people can listen to a an album once, so they can see if they like it. This is dificult to impliment, obviously. I don't have a technical solution myself, but I know it needs to be done because the market demands it.
        • by extra the woos ( 601736 ) on Saturday September 18, 2004 @05:51PM (#10287014)
          Yeah and once they find that perfect way of making it so you can only listen to it once that's how they'll start selling things...

          now for a little redundant ranting...Tapes, cd's, minidiscs, vinyl albums... its all THE SAME thing.. a little different in quality or size or portability... But very similar to each other.

          And on that note why dont they at the very, very least /whines make all those albums that have been recording in very high quality analog or digital available as 192kbps/24bit surround sound dvd-a stuff? There's like no dvd-a's out there. If alkaline trio's record label put out re-releases of their best stuff on really high quality dvd-audio discs I'd be in my car right now to buy them... Give me something cool to buy!!! Something I can't just download for free!

          Has there ever been a time when you were listening to something and you were like wow, I wish I could turn the other instruments off and just listen to the piano here, or just listen to the singing there, or just listen to the background vocals there... Why dont they make some dvd-a discs that let you do that? That'd be *COOL*!!!

          Or make it so that when you buy a disc it includes a code that lets you go to the web and...guarantees that since your a buyer of this disc the band will let you ask them a couple questions which they promise to respond to.. Or they will grab their digital camera, take a pic *just for you* and send it. I'd pay a few extra dollars on top of a cd's usual cost for that, and I think any big fan of a band would too...

          Even better would be that you dont *hafta* pay, but if you go to their web site and enter the code, you get the ability to pay the band a few dollars directly, for that one time specialty (that way the band gets the money instead of it being filtered through retailer, distributor, label, etc).. I'D BE ALL OVER THAT SHIT!!!

          Instead we just get some cd-audio disc thats the same exact thing as I can just have in my hands without having to move in 5mins by using bit-torrent...It's not a moral issue here people.. Its a common-sense issue.

          If mcdonalds sold a pasta dish that was as good as the olive garden, and was an exact copy... Yet offered it for half the price and delivered it to you for free... well shit... it might be a copy but damn.. thats some convenience... If corporations are allowed to make decisions based on economics not morals.. then I get to make decisions based on economics not morals when I'm dealing with corporations... fair.
          • Or make it so that when you buy a disc it includes a code that lets you go to the web and...the band will let you ask them a couple questions which they promise to respond to.. Or they will grab their digital camera, take a pic *just for you* and send it.

            Even better would be that you dont *hafta* pay, but if you go to their web site and enter the code, you get the ability to pay the band a few dollars directly, for that one time specialty (that way the band gets the money instead of it being filtered thro
            • hmmm....it is a good idea, but I see ZERO sample tracks on this site (i could just be blind though). I have heard the name in relation to various "industrial" bands but have serious doubts about a band until I can at least hear a track or two. They really need to put up a couple of tracks for newbies. It is not like they get any radio airtime or anything.
          • by d34thm0nk3y ( 653414 ) on Saturday September 18, 2004 @09:40PM (#10288192)
            If corporations are allowed to make decisions based on economics not morals.. then I get to make decisions based on economics not morals when I'm dealing with corporations... fair.

            wow, I just wanted to re-iterate this. If i wasn't busy whoring my project I would make this my sig. Really, it is one of those things you read that kinda give you the shivers becaue they are so friggin right.

            P.S. check out Crackpot [guiltfreep2p.com] They are really good, on an independent label and give away songs for free hehehe.
            • If corporations are allowed to make decisions based on economics not morals.. then I get to make decisions based on economics not morals when I'm dealing with corporations... fair.

              wow, I just wanted to re-iterate this. If i wasn't busy whoring my project I would make this my sig. Really, it is one of those things you read that kinda give you the shivers becaue they are so friggin right.

              Yeah, it had the same effect on me too. It kind of summed up some vague thought that's been lurking at the back of m

    • by poptones ( 653660 ) on Saturday September 18, 2004 @05:52PM (#10287021) Journal
      What about all of the files that these people continue to listen to, but don't delete or buy legit copies of?

      What about it? Unless they stole the CDs to get those rips, it costs no one a penny except the guy who bought the hard drive and the bandwidth.

      How much of their music do they actually own?

      Unless they are a music publisher, none of it. You think those CDs you bought means you "own" that music?

      You bought a CD. You can sell the CD. The CD only happens to contain the music - scratch it so it doesn't play, then see how much you can get for it.

      Now, where there is no tangible good, there is no "loss" and no ability to deprive others - and, therefore, no ownership. As someone who just lost about 40GB of music to the brain-dead mandrake partition manager, I can personally attest to this - the "loss" was entirely my own.

      My friends like to tell me that they wouldn't have bought the CD anyway, so downloading it doesn't hurt anybody. This may be true in some cases, but I think most of the time people just decide that they wouldn't have bought it post download.

      I'm sorry you missed this, because that's the whole freaking point!.

      Think about that part again...

      • No tangable loss my ass. The recording and production cost a LOT of money. Studios, equiptment fees, producers and engineers salaries, insturments. Actually, the biggest part of what you pay for a CD goes to all the acts that fail miserably. Big hits have to pay for all the big flops. They decide they wouldn't have bought it, but continue to listen to it. I said that sevral times. If you listen to it, decide not to buy it, then never listen again it's different.
        • No tangable loss my ass.

          No. See, loss means something that you once had, and now don't. For instance, if you had a pony, and it died at some point, you lost that pony.

          If you sung a little song that you thought might bring you the cash to buy a pony in the future, but everyone "stole" your song before you could buy the horsemeat, well, you didn't "lose" the pony - you never had it. As for the song, well, you were gambling a bit. It is hard to say that me and my buddy flickering flashlights at someone

    • by TyrranzzX ( 617713 ) on Saturday September 18, 2004 @06:13PM (#10287114) Journal
      Something I feel a lot of people have forgotten is that, before copyright, authors wrote books and songs, poems and music and never got paid. Then, the printing press came along, as did publishers. Copyright came into being to help out authors, and publishers faught that, but then jested that they owned works (that were previously public, just not easily copyable).

      Nowadays, I go onto Suprnova.org or shareaza, and I can find millions of different works, and I always wonder how many of them are still under copyright, of if this vast library of data will ever be opened up to everyone. Sure, it's illegal, but not necissarily immoral. Everyone seems to think corporations have a right to profit, but nobody ever wonders why corporations have an such an insatiable thirst for money that they'd work to digitally, or physically, enslave people.

      Frankly, if mickey mouse wasn't still under copyright, as well as nearly every other single great american book, novel, movie, ect, I'd change my tune some. Companies have a stranglehold on information nowadays, one that the design of the internet is facilitating the destruction of. The MPAA and RIAA are about control, they are cults worshipping the false god of money. What is the best way to make money? Enslavement. If they were to innovate and change their business models and be constructive to society, would they then be worshipping money and making as much as they might be able to if something like the Induce act passed, or copyright was indeed extended forever?

      I look on P2P apps, and I wonder what they'd be like without infinite copyright but a more logical system in place. Can any of you greedy idiots imagine that? Every single movie ever made, home video's, pictures, games. Bands from 50 years ago could become top hits today. Want to learn calculus? There are already over 20 titles on p2p apps, but there could be 100. Convert a schools book budget into the computer budget; every student gets a laptop (not even a new one, an older P2 with 386 megs of memory running win2k or linux).
    • by hazem ( 472289 ) on Saturday September 18, 2004 @06:20PM (#10287152) Journal
      You know, I accidentally hear music all the time. The radio plays, and my neighbors play their stereos loud. In the office, people play their cds and mp3s.

      I also feel really bad for the RIAA. They are just losing so much money to my unauthorized listening. So I send them money. First, I tried to count the songs and send them $0.10 per listening, but it got overwhelming.

      So, I started just sending my pay check directly to them. But then I got kicked out of my apartment and lost my job because I never washed my clothes.

      But now I get an unemployment check and a welfare check, and I just send these directly to the RIAA. The poor guys, they're really hurting these days.

      It's getting colder outside now, but I'm warmed on the inside knowing that the executives at the RIAA are getting their due and are no longer being harmed by my illicit listening activities.

      And here's the cool part, we can all do it!

      Here's the address to send the checks. I always include a note apologizing for taking out the cost of postage. I know I'm hurting an artists, but I can only do so much.

      RIAA
      1330 Connecticut Ave N.W., Suite 300
      Washington, D.C. 20036
  • by datastalker ( 775227 ) on Saturday September 18, 2004 @05:20PM (#10286810) Homepage
    ...and the reason that I'd, uh, consider downloading a movie - ADS. I *HATE* going to the theatre, paying $10 to see a movie, and having to sit through three or four commercials before I can watch a movie. I just paid $10 to see the movie (which will be full of enough "product placement" as it is) - I don't want to see ADS too! It becomes so much more tempting to download since the movie industry is making it obvious that they're trying to squeeze out every last dime.
    • by Chess_the_cat ( 653159 ) on Saturday September 18, 2004 @05:21PM (#10286820) Homepage
      I hear you brother. I hate waiting in line at the bank. So instead of getting my cash from the bank I just steal it from old ladies. Works great and saves me TIME!
      • Analogy by Pablo Picasso.
      • Ok, so you missed the "tempting" part in there - I never said I did it. Boy, some people - you try and be funny, and they jump all over you. Lighten up.
      • I hate waiting in line at the bank. So instead of getting my cash from the bank I just steal it from old ladies.

        Um, I hate waiting in the line at the bank too. That is why I like ATMs, debt cards, credit cards and online banking. That solves the problem well enough, that I only have to physically visit a bank once a year or so.

        But grandparent truly has the problem, that (s)he can't simply go out and buy a DVD instead without waiting few months for its release first.

        I actually really feel sympathic for t
      • by Izago909 ( 637084 ) * <tauisgod@[ ]il.com ['gma' in gap]> on Saturday September 18, 2004 @05:55PM (#10287033)
        You can't seriously be comparing the MPAA to helpless old ladies. Of course you can't, because that would make you a complete tool. To make things more realistic, we can say the old lady is in line so she can get another mortgage on her house to cover the RIAA lawsuit from letting her granddaughter use the internet.

        Sorry, but when I must choose between the large, heartless, monopolisitc corporation and an individual, I'm going to pick the individual no matter what the crime they stand accused of. All of this contreversy is related to the dilema in American politics: Group rights/corporate rights vs. personal rights. There used to be a day when corporations carried a larger burden of taxes than families. That ended around the time of Reaganomics, when families started to pay a larger percentage of taxes than corporations. Since that time, we've seen a politicians take rights away from people to make corporate life easier. The DMCA added few new laws and protections. It just made enforcement easier, at the expense of personal rights and privacy. It makes me seriously question who is lazier, the downloader or the people charged with protecting copyrights.

        Every person who downloads a song is protesting, regardless if they know what message they are sending. People are voicing their complaints about an aging business model that produces merchandise of questionable quality. If yoiu buy a CD that has 1 or 2 good tracks and the rest is crap, you can't return it. Almost any other type of merchandise can be returned if it doesn't meet the customers needs. You also can't send in a damaged CD and get a new one for the cost of the medium and S&H. You have to go out and buy a new one at full price, which means that you have two licenses but one medium. They are also protesting unfair practices that buy politicians and remove personal rights (like fair use) and privacy. Instead of seeing the writing on the wall, the music industry has decided to sue thousands to prove a point. They are proving that, in America, it is cheaper to settle than to defend yourself. They are proving that business can force consumers to stay within a decades old business plan to spare the pain trouble of evolving. They are proving that the idea of the free market is inferior to a planned economy. They have proven that you don't need to listen to your customers as long as you have lawyers.
      • I hear you brother. I hate waiting in line at the bank. So instead of getting my cash from the bank I just steal it from old ladies. Works great and saves me TIME!

        To make your lame analogy even close to correct, what you meant to say was you XEROXED they money of little old ladies (or more correctly, xeroxed the money of large mafia hit-men), allowing those women to use thier money, but still allowing you a copy.

        Otherwise, what you are saying is that when I download a copy of a song, I am now the ABSOLUT
    • Are you sure you don't mean 10 ads along with another 5 or so theatrical length trailers? That's what we get with these guys [ugccinemas.co.uk]. You can, though, buy a £10 ($18) monthly pass which pays for itself with two £6 ($11) evening visits.
    • Saw Ghost in the Shell 2 last night at an AMC general theatre. Holy shit. No less than 45 minutes of advertisement.

      Movie started at 9:20 according to the theatre. I LEFT at 11:40. That's 2:20 of my life, and the movie was only 90 minutes of that, if I'm not mistaken. I seriously was so bored by the time the movie started I couldn't concentrate on anything but the shooting.
      • Lucky bastard. There isn't one theater showing that within 30 miles, or more, of my house. ZIP code 46236 is in the middle of a cultural and technilogical black hole known as Indiana. Next week, one theater is having a premier of a contreversial new film called "Clockwork Orange". I can't wait.
    • ...and the reason that I'd, uh, consider downloading a movie - ADS.

      Well done! You actually had me for a second! Talk about EXCELLENT trolling... it wasn't until I noticed the "uh," did I catch the sarcasm!

      I was going to say something like "So, you'd rather sit and wait through 6 hours of downloading torrents than just show up 10 minutes late to the movie?" or "What a crock of crap. I can't believe you'd stoop this low and stand on ground this weak to justify your intent to violate copyrights!".

      But, it'
      • Ok, so you missed the "tempting" part in there - I never said I did it. Some people - you try and be funny, and they jump all over you. Lighten up.
      • I'm not sure what you're trying to say-- mostly because of that tone. You do seem to think yourself better than s/he.

        I also do not appreciate the increasing ads at the same time as increasing ticket prices. The food is too expensive to buy anymore as well. The theatre experience as a whole has degraded significantly.

        What I am about to say to you might blow your mind: Perhaps if you weigh the experience of a theater with the current prices, ads, etc, versus downloading it and watching it in your own
    • Since you hate watching ads, who gave you the rights to download the movie? Let's not even get into any IPrights/copyrights/goatball issues here. If you don't like watching the ads, then don't watch the movie. That doesn't give you any rights to download it. Don't try to justify it by your *hate* mantra.

      If you don't agree with certain things, vote with your moolah. Go rent it if you have HAVE to. Go buy it on VHS/VCD/DVD or whatever. But if you don't like watching the theatre ads, it still doesn't give
    • There's only one thing worse than being assaulted with ads BEFORE the movie starts, and that's being insulted with obvious product placement IN the movie.

      I swear, if it gets much worse I'm going to seriously start thinking about an EDL-type solution that can remove the ads by overlaying something generic. e.g. In Castaway, all the annoying 'FedEx' branding would become 'ACME', or in BladeRunner (*oh no! not that sacred cow!*) the giant Coke sign would become some generic japanese symbol.

      Of course, it wo

  • by kaosrain ( 543532 ) <{root} {at} {kaosrain.com}> on Saturday September 18, 2004 @05:22PM (#10286827) Homepage
    I almost never purchased music before file sharing--in a typical year I would buy one album (and that was because I would get a gift certificate to a music store on Christmas.) Because of filesharing, I was up to trying out allofmp3.com when I heard about it--and since then I've purchased 10 albums in the last few months.
  • Problems (Score:3, Interesting)

    by Korgrath ( 714211 ) on Saturday September 18, 2004 @05:23PM (#10286833) Homepage
    my problem with an experiement like this is that only people who actually bought stuff after veiwing/listening to it through file sharing are recorded here. What about all of those people who don't buy their movies after they download them, even though they enjoy them? Not that I'm supporting the RIAA or MPAA in any way, but people are still getting a free lunch at their expense. I suppose that their revenue does go up from file sharing, but will it be that way forever? If file sharing became more accepted, would people still go out and buy their CDs and DVDs after downloading them off of various file sharing programs?
  • Greed blinds all (Score:5, Insightful)

    by rudy_wayne ( 414635 ) on Saturday September 18, 2004 @05:24PM (#10286844)
    "file sharing is a result of the industry's failure to meet the business models demanded by today's consumer"

    This is true, but the music/movie/computer software industries are unable to grasp that concept. They are so consumed with greed, so consumed with an unquenchable thrist for more money -- even when they are already taking in record profits -- that they believe there is only one way to do business:
    An iron-fisted, totalitarian control of everything, in a world where there is no such thing as "fair use".

    Their thinking is so clouded by a fog of greed that they can't even begin to grasp the idea that selling a good product at a fair price will bring in more money than all the lawsuits and copy protection schemes combined.

    • by deanj ( 519759 )
      And then there's the greed of the people that don't want to pay for someone else's hard work too, and consider that work "public domain".
      • Who's greed has a higher dolalre value, the individual, or the corporation? You forget that few copyrights are held by the person who has created the work.
        • "You forget that few copyrights are held by the person who has created the work."

          In the case of music, the people who write the words and music typically own the rights to the music. Often (in the case of the "singer songwriter") this is also the performer.

          When a record company pays for the recording, engineering, producing, distributing and marketing of a song, the record company often gets (or shares) copyright of that particular recording of the song. This is so the record company can try to reco

      • "And then there's the greed of the people that don't want to pay for someone else's hard work too, and consider that work "public domain"."

        You have nailed it. Many people pirate for the simple reason that they'd rather not pay for something. Naturally, nobody wants to think of themselves as greedy, so it's often cloaked in a veil of social protest -- they are fighting for consumer rights, or fighting an evil organization, and so on. It's perfectly natural to want something for nothing... but this is

  • Ok (Score:5, Insightful)

    by cubicledrone ( 681598 ) on Saturday September 18, 2004 @05:25PM (#10286850)
    There is demand, and demand creates market.

    And when there is complete disregard for the investments of the companies that worked to make the supply, there is bankruptcy and mass unemployment.

    The television industry is obviously benefiting from the consumer's ability to download a few episodes online.

    It is doubtful the industry would complain about "a few episodes."

    Making the media available in a much more timely fashion may increase revenue.

    Agreed. Entertainment companies in particular are the undisputed champions of foot-dragging when it comes to the requests of their markets.

    There is a significant market of users who would download software should they find it useful to them, however these same users refuse to pay for software that won't run on their system, is poor quality, or misrepresented.

    There is also a very large group of users who refuse to pay for software at all, no matter the price or the quality. Oh, they'll download it and make full use of it, but they will also categorically refuse to contribute a single dollar to the purchase price.

    Quality must be paid for. This is no less a fact than any of the other statements in this argument. The economy depends on the ability for artists, producers, retailers and all of their vendors, suppliers, etc. to invest time and money and make a profit on these products.

    If there is no demand (demand requires sales) there will be no supply. If there is no money, there will be no products.
    • If quality costs money, what's this "Free" software I am hearing so much about?
    • There isn't supposed to have to be a concern for the supply side from the demand side. That's economics. The demand side doesn't say, "Oh, supplier, I feel so bad for all you have to put up with, so I'll pay you more!" It says, "Sorry, my demand for music is no longer such that I'll pay $18 an album. Tough cookies."

      Yes, this can lead to chaos. It is, however, temporary. Suppliers who need to get $18 an album under the current model can't lower their prices, so they go out of business. But one of thr
    • Re:Ok (Score:5, Insightful)

      by a whoabot ( 706122 ) on Saturday September 18, 2004 @08:30PM (#10287876)
      The filesharers know all that. Don't treat them as half-wits, not everyone is as stupid as you want them to be.

      But, they also know something else, which apparently you don't. That is, with the production of these media products also comes the production of the desire for them. There's no natural demand for these things: people can get entertainment almost anywhere, at least they are certainly no where near a position where they have to worry about running out of it.

      So if they take advantage of Britney Spears and her producers so much that they stop releasing music. Will the filesharers care? No. They'll just listen to something else. If Britney Spears never existed no one would ever want Britney Spears, and they know that. People are happy with whatever entertainment is handed to them. Even in the face of the most insipid productions, they'll consume it. "There's never anything good on t.v." is the eternal complaint, yet everyone still watches it. Why? Because it doesn't matter, it's good enough, and fucking easy to get. So if everyone stole television until driving it's supply into oblivion, they wouldn't care, it sucks anyway. They'd do something else. What did people do before television? Read? Listen to the radio? Maybe go to a play? People weren't dying left, right and center then because of the inexistence of television or Britney Spears and they wouldn't be now. And, with the new information technologies of today, they certainly don't fear a world without television proper.

      And most of them certianly don't feel forbidden to take advantage of others for moral reasons. They understand what Nietzsche meant, even if they haven't read him, well enough to know what slave morality is.
  • A majority of users who purchased a TV series did so after downloading a few episodes from a file-sharing network. Users became consumers after they purchased the series for shows they became hooked on, or at least liked. The most common reasons for purchase fell into the following categories:
    * For better quality recordings
    * For a medium they can easily watch on their TV
    * To avoid lengthy downloads
    * To own the complete set
    * The medium became available

    This will not apply with the

    • It is feasible to download a high quality episode or two now, but full seasons at high quality are still too large -- but not so out of reach once your connection speed is quadrupled in coming years.

      We already have the speeds for this! It is the availibility and reliability that is lacking. If content providers would realize they are selling a service intead of a product they would provide access to the full season at the properly commoditized price and people would buy it.
  • Including adware with the file sharing programs and a small group of people will get extremely rich and powerful.

    File sharing works as a backdoor viral type of advertising...It is more more effective than traditional advertising because the people doing it pretend that they are adbusters. Opening disparaging ads increases the effectiveness of one's message...increasing sales.

    File sharing should be thought of as an ad source...just one of those ad channels that you didn't join willingly...but can be lucr
  • other applications (Score:2, Insightful)

    by AssProphet ( 757870 ) *
    In summary, music file sharers are demanding a business model that:
    1. * Allows them to preview high-quality, full length songs in the privacy of their homes
      * Gives them time to let the music grow on them

    People make these demans about $15 cds, but there are software packages out that that cost $500 plus where the same demand applies.
    Alias has understood these demands and released the PLE (personal learning edition) where people can use an impressive (slightly crippled) version of their $2,000 + softw

    • If Adobe would get the message it would be great to have decent learning versions of their software for free. WTF are you smoking? they have a number of low cost/free alternatives you can learn from.

      Elements? a good starter for photoshop, Adobe Premier LE...

      take a look at this page with all these free tryouts [adobe.com]

      Acrobat

      Adobe Encore DVD

      Graphics Server

      Adobe Graphics Server

      After Effects

      Atmosphere

      Audition

      FrameMaker

      GoLive

      Illustrator

      InCopy

      InDesign

      PageMa

  • you know it, I know it, we all know it. If you tried to convince anyone that most people are thieves, you would just get laughed at. I download shit all the time. If it's good, I go buy it. If it sucks, I nuke it and never think of it again. This goes for music, movies, games, applications. Think I'm a thief for downloading before I've paid, good for you. I could care less what you think. If it's good, the people that were supposed to get my money first do get it after the fact anyways. No way in hell would
    • Sure, if you redefine "honest" to mean what you just said, then most people do qualify. At the moment, however, "honest" is not defined as "I take what I want when I want, and pay for what I choose to keep."

      The terms of the sale are set out in advance. If you don't agree to those terms, and the seller isn't willing to negotiate, that doesn't mean you can just take what you want.
      • like I said, do you go to The Gap and say "here, I have $100, give me some clothes." And just stand there until they come back and give you one sock with a rip in the heel, a pair of jeans with no zipper, and a shirt with only one arm hole, and say "Thanks!" and walk out smiling?
  • ...To Mr. Zdziarski--until his data is independently audited, he's a soapbox blowhard. He may be right on the money with his argumentation, but he really has to get his numbers vetted. Without providing any charts or even mentioning the size of the survey sample, I can't in good conscience recommend the article.

    Sure, maybe I should cut him some slack, since he's just one guy collating the data. But maybe he could cut me some slack by gathering resources commensurate to the size and nature of the sample.

  • by ZuperDee ( 161571 ) <[moc.oohay] [ta] [eedrepuz]> on Saturday September 18, 2004 @05:31PM (#10286886) Homepage Journal
    I'm not sure I look at it as a failure on ANYONE's part. In general terms, the problem is simply this: in the past, Intellectual Property of any form (be it books, music, etc.) at least still had SOME natural element of "scarcity" about it, since its distribution was still limited by natural factors, such as printing expenses, logistics and transport expenses, etc. These factors made it nearly impossible for information consumers to re-distribute intellectual works.

    Nowadays, however, the Internet has finally broken down even this barrier completely, to the point where we can now distribute intellectual property to the entire world with only a few clicks of a mouse, at virtually ZERO cost. At this point, the ONLY way we can now make intellectual property "scarce" or have any real economic value, is by trying to limit or deprive people of "natural rights" that they otherwise would have.

    There are STILL two classes of people in intellectual pursuits: those who create information, and those who consume it. The sooner people realize this, the better. It is high time that we start accepting the idea that we MUST limit the "rights" of consumers if intellectual property is to retain any value at all. Information is may be easy to distribute, but anything that is truly valuable to people is NOT by any means easy to create or find. If we are to make it worth people's while to create music, art, databases, or any other kind of intellectual pursuit, we MUST come up with a way to limit the ability of information consumers to re-distribute such things on their own without payment to the person to created the information.
    • Gee, that's right... because artifical barriers erected by governments always work... right?

      How about this? we all support speech we like, don't support that we don't like, and let the fucking free market (that thing the entertainment industry likes to spin but doesn't believe in any more than most of us believe in Santa Claus) decide where the money goes.

      You need a database created? Fine - if you can get it free, so what? That means I have to come up with some way to add value to it, or I make no money.

    • It is high time that we start accepting the idea that we MUST limit the "rights" of consumers if intellectual property is to retain any value at all.

      Never.

      Economics is about how we distribute scarce resources among unlimited needs and wants. However, information is *NOT* scarce, but you know what is? The time and effort of the creator required to forge a GOOD first instance; THAT is the naturally scarce SERVICE that we should be modeling our new payment systems around in the face of the reality of free-

    • This makes no sense. Technology makes existing things easier, and new things possible. When it comes to distribution, tech greatly eases the mechanism, and hugely lowers the cost of entry.

      There's no NEED to artificially limit distribution technology with laws or other technology; such attempts are doomed to fail.

      There is still scarcity in the system; scarcity of skilled creation. As long there is a demand for people's creations, and people willing to create, there will be a market. The middle men, who rel
  • The other side (Score:5, Interesting)

    by tverbeek ( 457094 ) on Saturday September 18, 2004 @05:35PM (#10286909) Homepage
    Where is the database for us to report the stuff we probably would have bought, but didn't because we could get it online?

    Without that side of the situation also investigated, this "research" is pretty much a bunch of useless self-selected self-reported anecdotes from people who - let's face it - have plenty of motivation to exaggerate how commerce-friendly their activities are.

  • by Dave21212 ( 256924 ) <dav@spamcop.net> on Saturday September 18, 2004 @05:36PM (#10286910) Homepage Journal

    Interesting report, and after reading it it seems to me that it was well done and the result may be valid, but the RIAA doesn't care. It's not just about the money, it's about control. Consider that the **AAs are organizations that produce nothing.

    They do however control everything they get their greedy little hands on. File sharing isn't just a threat to them because of copyright violations, it's a threat because the media is distributed beyond their control. I'm sure the idea of any piece of content flowing from the artists to the eyes and ears of the public without first passing through their gates is a nightmare for them. After all, with today's technologies, who needs a **AA ?
  • It's funny how far people bend over backwards to try to legitimize their filesharing habits. The "philosophy" is simple: filesharing exists because people can conveniently obtain entertainment at no charge.

    That's all it is... we used Napster because we were cheapskates, not because of some failure by the entertainment industry. If you want legitimate and convenient music downloading, go use ITunes. The solutions exist... you have no more excuses.

    So please, be honest with yourselves... there's no moral

    • by CashCarSTAR ( 548853 ) on Saturday September 18, 2004 @05:50PM (#10287002)
      Actually there is.

      One of the killer aps of the Napster age, is the ability to "surf" collections. To basically see what other people who have similar tastes, and to explore then looking for new stuff. Because of the consolidation of radio, that was and still IS the killer app of the P2P age. Community. We all want it.

    • Re:Justify yourself (Score:2, Interesting)

      by MedHead ( 795006 )
      Ironically, before iTunes people were complaining music was too expensive to purchase. Then iTunes came around, and people started complaining that the music was digitally protected. Obviously (to them), the only alternative was to simply not pay for the music, the same way they were all the time. Of course, they balanced the downloads with complaints that all "mainstream musis was junk", thereby nullifying any monetary compensation.

      Sorry for the rant... it's frustrating to see article after article of ba

      • That's the risk you take in posting your stuff on the net. Nobody owes you a living anymore than you owe us photography, or the studios owe us entertainment. However, if you choose to deal in a industry where things are easily copied and distributed, you assume the risks. Godspeed. Perhaps you can give your photos away for non commercial use. Perhaps you could sell well done compilation discs, or albums, or whatever it is you sell. There's a way to make money from your stuff if it is good, but forcing cus
    • i am one of those people who downloads music and then buys it. i don't have time to be downloading movies and tv shows and stuff. i'd rather just go to Fry's or something and pick up a dvd. i'd buy music instead of downloading it, except half the time the music stinks. example: Beautiful by Christina Aguilera came on a cd with 1 other good song and a bunch of crap. i'm not going to pay for music with the quality of fresh steamy fecal matter.

      the music industry needs to get on it and start making entire
    • filesharing exists because people can conveniently obtain entertainment at no charge.

      While I do agree that distributing music without the artist's/composer's permission is unethical, if these results support the author's conclusions (we don't know yet, because the actual results haven't been published) the RIAA's strategy really does need to be re-evaluated.

      Also, while distributing material without the artist's permission is unethical, there *are* many other ways people can conveniently obtain entertainm
  • statistical voodoo, as meaningless as an Eyewitness News phone-in poll.
  • This is not a census, and the sample is obviously self-selected and therefore completely biased. It's like asking people to make testimonials about how they *didn't* take any printer paper from their office, then concluding from the data collected that most people don't take office supplies home.

    I suppose it bears repeating: information goods (music, movies, software, books) are pure public goods [wikipedia.org], and therefore a well-documented case of market failure (for example, demand in this situation will not nec
  • It's like asking a group of consumers if they think radishes are:

    a) Too cheap
    b) Too expensive

    And then claiming that the 97% who said they were too expensive is evidence of inflation of international radish prices, and launching an investigation into radish cartels is the wholly justfied.

    The 3% who said they were too cheap? Well they're obviously working for the cartels, aren't they.
  • by writermike ( 57327 ) on Saturday September 18, 2004 @06:01PM (#10287056)
    It seems to me the RIAA/MPAA/ETCAA need to come to some sort of compromise now on how they're going to accept and compromise with P2P. For all of its plusses, P2P technology is not great yet. The downloads are usually very slow. It's hard to find everything you want and so many items use Windows Media Player and its ability to take you to websites that automagically download spyware. In other words, it's not perfect for users.

    Yet.

    When this technology becomes rock-solid -- that is, when P2P means fast, good, non-malware-downloads -- THAT'S when the *AA will realize their nightmares.

    This _is_ coming. They should really stop putting their fingers in the dyke and work out a compromise.
  • ...more hard drives and CDRs!

    (cheap) zing.
  • Remember that most people are downloading MP3's, which are NOT the same quality as the orginal PCM version on the CD. ( or divx, etc )

    So, really you arent even downloading the same thing as in the stores.

    Thats why people go ahead and buy it, better quality AND you get the extras that come with the cd.. ( plus you support the artist, a little.. RIAA gets most of the purchase )
  • by ShatteredDream ( 636520 ) on Saturday September 18, 2004 @06:16PM (#10287131) Homepage
    Most of the time you can find 30 second clips on Amazon or CDUniverse, even for small bands. I can see downloading copies of songs from bands that you cannot find any legit means to sample, but stop using this bullshit excuse of "oh they're just sampling" to justify most peoples' use. They don't delete the music and they keep listening to it in most cases. One of those little inconvenient logical twists is that you can also argue that many people wouldn't have bought the album anyway, because with Kazaa, et al. they don't have to.

    The reaction of the people I lived with at my dorm when they saw that my music collection was not only legit, but that I had almost as many MP3s from my used CDs as they had taken off of AudioGalaxy was just... shock. I'm not rich, by any stretch of the imagination.

    And you know what the irony of it is? Many of these "kids who couldn't buy them anyway" were driving much nicer cars than my 11 year old Honda Accord. It's nothing more than a bunch of rich brats who don't want to spend $10-$15 on a CD so that they can upgrade their beamer, at least around here. I just got Draconian Times by Paradise Lost in the mail today from Amazon's used products market. It cost me $5 before shipping and handling for a total of ~$7.50.

    I have even more contempt for the RIAA than most of my geek peers because unlike them, I actually own all of my music that the RIAA wants to control. I didn't get it off of a file sharing network, I bought it either from a store or from the iTMS. That is also why when I bitch about those bastards that older people will actually listen to me. File sharers are free loaders, people like me have paid our dues to the RIAA and are getting shafted anyway.
  • Dubious value .... (Score:3, Interesting)

    by DarkMan ( 32280 ) on Saturday September 18, 2004 @06:26PM (#10287201) Journal
    ... and brittle results. I quote the report:

    ... and establish proof for a long-believed philosophy many have about file-sharing: that it actually benefits the industry.


    Fairplay to the author - that admission of bias was early on, and upfront. However:

    Each submission has been analyzed by hand and bogus or questionable entries falling into the test window were discarded.


    Without the author giving stricter criteria here, one is left wondering if data that did not fit with the authors thesis was 'questionable' - it certianally would fly against his expectations, but that does not make it nesecerally invalid. Granted, given it was on here, there was probably a crapflood from the trolls that was justifiably deleted - but a reader cannot be certain it was just crap that was deleted.

    There is also a serious flaw in premise with the study.

    Digital media provides a means of gratification that is usually only temporal, like sex or good barbecue.


    Full-length movie downloads have also led to many sales.


    The latter quote is somewhat opposed to the former. If the value of a film is ephemeral, as the former implies, why do people purchase it? Both cannot be literly true.

    The discussion of TV shows suggests there there needs to be a way for people to preview the shows, before purchasing, in order to drive sales. Doesn't the broadcasting of these shows on TV count?

    From my reading of the report, the only thing I can draw from it reliably is: that some section of the people who download media later go on to purchase it.

    That's not a strong conclusion, and skirts around some far more interesting (although much harder to answear) questions, such as: What proportion of illegal downloads lead to a sale? How many people would have puchased something if they could not have downloaded it, and how does that vary? [0]

    In short, I don't feel anymore informed about anything after reading this report.

    [0] For example, I think that highly marketed items (e.g. blockbuster films) and essentially not-marketed items (e.g. music from some unknown band) would show a difference here.
  • Copyright notice (Score:3, Interesting)

    by GeorgeH ( 5469 ) on Saturday September 18, 2004 @07:28PM (#10287537) Homepage Journal
    Did anyone else spot this at the bottom of the report:
    All Website Content © 2004 Jonathan A. Zdziarski. All Rights Reserved.


    Reproduction prohibited without permission
    Maybe he just needs a new business model where his work can be reproduced freely?
  • The internet isn't magic. Nor is it some kind of cosmic quirk we aren't prepared yet to deal with. The invention and advancement of the internet only brought to fruition "perfect* communication". That's all the internet is. A method to communicate among points (people, devices, etc) perfectly. That seems to me an undeniable, fundamental and primal function of our species and reality. I can find no fault in this ability. Transferring and duplicating information from point A to point B in a timely and comple
  • I don't do much downloading. Frankly, if I do, it's to broaden my listening tastes. Thanks to finding music sharing I was turned onto music by Lee Morgan and Hank Mobley. I've since bought CDs of each artist.

    But here's the service that I want.

    I own a vinyl copy of Big Brother & The Holding Company's classic live album "Cheap Thrills". I do not have the hardware to facilitate ripping the songs to mp3. I think it is quite ethical for me to download songs from that album.

    Actually, I want a service where
  • If this guy was serious about this, wouldnt he also need/want to do an experiment of the reverse. I'm not going to read the report, as it sounds borring and one sided. Why doesnt he do another experiment on how many people have ripped CD's of the net because they didnt want to buy them, but would have bought them if it wasnt avaliable else where. Once thats done, i suggest a comparison. Otherwise it looks like the report will be heavily one sided and bias. (bias because he wants to stick it to the man?)
  • by Julian Morrison ( 5575 ) on Saturday September 18, 2004 @09:29PM (#10288153)
    ...should take a look at web comics.

    Seriously, there are literally hundreds now, and quite a few are well drawn, intricately plotted, creative and imaginative. They publish weekly or more, for free or for "busking" style donations, on the open internet, with no DRM. Some artists make a living that way. Many more do it as a hobby. The number of comics out there just keeps on rising.

    Surely this is a strong enough counter-example? Even with zero "business model", art would flourish.

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