TorrentSpy Says MPAA Can't Reinterpret The Supreme Court On File Sharing
from the try,-try-again dept
When the Supreme Court ruled in the Grokster case, they laid down a very specific case for when a service provider might be liable for the actions of its users. That was only if the service provider took "affirmative steps" to induce copyright violations. This seemed odd and likely to cause trouble pretty quickly. It basically suggested that a new company that came along and did exactly what Grokster had done, but avoided proactively encouraging people to download unauthorized material, would be perfectly fine. However, the entertainment industry immediately tried to expand what the decision meant and eventually just pretended the Supreme Court said that file sharing and things like torrent tracking sites were illegal -- when it actually said nothing of the sort. The MPAA recently went after a bunch of BitTorrent search engines -- which seemed to stretch the Supreme Court ruling again. After all, these are just search engines, and there are tons of legitimate uses for them. At least one is now fighting back. TorrentSpy has filed a motion to dismiss the case, noting that they don't promote any kind of infringement and they don't host or link directly to any files copyrighted by the MPAA. In other words, they're making a case that all they are is a search engine for torrents, and if the industry is worried about people putting up torrents that infringe on copyrights, it should go after those actually responsible, rather than the search engines. Services like TorrentSpy were exactly what it looked like the Supreme Court was trying to carve out as being legitimate -- so it's good to see them standing up for themselves, rather than just giving in to another entertainment industry lawsuit. If they win and get the case dismissed, it could set up some of the boundaries as to just how far the entertainment industry can go.
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(On www.google.com/ig anyway.)
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I still find that quite funny.
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Skype Founders Getting Skyped by Morpheus!
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bad news for users
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Re: bad news for users
Yeah, why go after the people actually pirating the stuff, rather than some site which may, through an automated process, contain links to metadata of the pirated material?
Believe it or not, there are valid uses of BitTorrent which don't involve even the possibility of copyright infringement (regardless of whether or not you think metadata or a clump of bits is actually protected by copyright laws). I'd much rather get rid of all the pirates who destroy BitTorrent's reputation and turn off legitimate would-be users of the technology.
Ignoring the technicalities of copyright law (because they're not relevant to this statement), what these pirates are doing is stealing. All these people claim that music/movies/etc. all suck now, which is why people aren't buying them. However, if you download them instead, you obviously do want them, you're just not willing to pay the asking price. I'd gladly pay $20 for a Porsche, but $120k is just crazy, so I'll just take one, until they "update their business model".
I agree that the ??IA do need to get a clue. They are putting out a lot of crap, and using outdated ideas in their business. For the most part, I don't buy movies or music because of this. However, I don't download them either. I don't claim that it's all worthless crap, then proceed to take it. I do realize that piracy isn't the same as physical theft (making a copy of some data doesn't cause the seller to lose out on something they can sell, like stealing a Porsche would), but surely you can see that for many of these people, calling stuff worthless is just an attempt to justify taking something they haven't paid for.
If you really think it's crap, you wouldn't download it either. Even though they're not getting money from pirates, that still tells them that people want that. They would much rather get your money, but you're still encouraging them to make crap. If you really wanted to fix the situation, you wouldn't download the crap - you'd let the bad bands die. You wouldn't pirate to "check it out" - you'd let the bands who don't let you sample them first die off. For a boycott to be successful, you really have to not support them.
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Re: Re: bad news for users
...and if you think a Porsche is crap, you don't deserve to download it :-)
I never thought I'd see the day that downloading replicated information that is widely available could become a crime (if the MPAA had its way, punishable by death). I mean what if I actually want to let some of my friends borrow a movie? is that a crime? tough shiot I say to the music/film industry, time to actually earn your pay, punks.
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Re: Re: bad news for users
I have a point of my own of how I came to one of the people you dislaike and disagree with so much. I used to be a very legal downloder paying for everything I did download that is until my computer crashed and had to have it's hardrive replaced and although I still had my passwords for my accounts and the back up license,s guess what these completely legal sites refused to recognise I had purchased any of these things so all the games and music that I had downloaded was lost and I was told the only way these sites would give them back to me is if I payed for all of them again. So I decided that since they didn't keep to their agreements I would stop keeping with them and got all of my music and games back via bt and I am now quite happy. Even when these industries offer you a legal way to download and you follow all the advice and rules they give if anything happens all the advice they gave you about it being easy to recover things goes out the window and they s***w you over and make you pay through the nose for things again. It's o.k to have all these fine ideals when you have the cash but let's face it not all of us have the money to keep them and sd far as the music industrys concerned they have none anyway.
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Re: Re: bad news for users
I have a point of my own of how I came to one of the people you dislaike and disagree with so much. I used to be a very legal downloder paying for everything I did download that is until my computer crashed and had to have it's hardrive replaced and although I still had my passwords for my accounts and the back up license,s guess what these completely legal sites refused to recognise I had purchased any of these things so all the games and music that I had downloaded was lost and I was told the only way these sites would give them back to me is if I payed for all of them again. So I decided that since they didn't keep to their agreements I would stop keeping with them and got all of my music and games back via bt and I am now quite happy. Even when these industries offer you a legal way to download and you follow all the advice and rules they give if anything happens all the advice they gave you about it being easy to recover things goes out the window and they s***w you over and make you pay through the nose for things again. It's o.k to have all these fine ideals when you have the cash but let's face it not all of us have the money to keep them and sd far as the music industrys concerned they have none anyway.
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Re: bad news for users
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Spay MPAA
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Re: Spay MPAA
now they run around in circles bleeding out as they run.
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"if the industry is worried about people putting up torrents that infringe on copyrights, it should go after those actually responsible, rather than the search engines"
this should read: "the industry should realise by now there's nothing they can do to stop people putting up torrents, so should just GIVE UP suing everyone and instead of spending loads of money on lawyers should find a business model that works."
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Business model
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Re: Business model
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Re: Re: Business model
If I was given a steak in a steak restaurant that was 25% meat and 75% fat, I WOULD NOT PAY for it. Period. Their problem, not mine.
And look, it's become the same way with CDs!
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Re: Re: Business model
If a plumber comes to your house to fix a leak, only to have the leak reappear in a few hours or a few days, are you expected to still pay for this service the plumber provided ? No, in the end you have the right to bring them to civil court and sue them for poor quality.
Therefore, any and all bad service is NOT expected to be paid for.
Copyright Law also says that bars are NOT allowed to broadcast sporting events, if such a broadcast is used as a way to entice customers, yet every bar I see ADVERTISES that they will be hosting an event, and yet noone steps up to stop them.
I agree with the artist who posted previously as well, about why should a consumer pay for 15 shit songs when only 2 might be considered "good" ?
I am also one of those people who when told they CAN NOT do something, will do it to prove that I CAN do it...
The more you push, the more I want to push back...
You want consumers to pay for products or services ? Provide something WORTH paying for... and you would be suprised at how many people would pay for soemthing, simply to ensure that they continue to produce/provide a good service/product
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Business model
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Lazy Judge
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Lazy Judge
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Re: Lazy Judge
It doesn't really work.
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Safe downloading
Anyways, with services like www.secure-tunnel.com providing guaranteed safety via proxying of communications (so your IP cannot be traced) and log files that are deleted after 5 seconds, why would anybody take the risk of lawsuits?
Heck, there are even some free, albeit slower services that do the same thing.
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Re: Safe downloading
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Re: Safe downloading
Its a painfull experience- im not 50 cent - I barely have enough $ to stay afloat in the industry. That shit is robbery
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Re: Safe downloading
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RE: bad news for users
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not the only site that fights
their argument is basically that they only index torrents, and aren't actually the trackers (which is true, and sort of parallels google indexing content but not hosting it).
interestingly enough, they have an automated system whereby indexed torrents can be requested to be removed.
typical of the mpaa to sue them anyway, although these scare tactics aren't going to work for others that run similar sites.
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Re: Mr Rat
.... And what's with all the double posts?
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MPAA Can't Reinterpret The Supreme Court
With as poor as most content is lately (especially movies), the studios out to consider themselves lucky that we bother downloading it at all. I sure wont pay for this crapola.
MPAA, fire the lawyers and hire some writers. We might go back to the theater if there was actually something there to watch.
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Re: MPAA Can't Reinterpret The Supreme Court
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They do have a small point
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Re: They do have a small point
those who opt for a percentage cut of the films are utterly screwed by their managers for putting them into a crap film in the first place...
don't get me wrong, i think it's just as stupid to fill all your drive space with crap, and worse to waste a dvd by writing it out.
while i'm at it, i might as well mention theatres... they SUCK. between the outrageous prices they charge, and an audience made up primarily of people with the manners of a hoard of wild baboons i'd rather just give it a miss. and recently saying it's "illegal" to bring in a video camera in is just plain asinine. it has always been illegal to film a movie in progress, which makes sense, but touch me or my cam, and i will break your wrist. and lastly TURN OFF OR SILENCE YOUR DAMN PHONES!!
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Re: They do have a small point
That's the point of this whole debate! ARTISTS ARE NOT ENTITLED TO FINANCIAL COMPENSATION FOR THEIR ART. IF IT'S SOMETHING THE PUBLIC AT LARGE IS WILLING TO PAY FOR, FINANCIAL COMPENSATION SIMPLY BECOMES A BENEFIT OF THAT CONDITION.
WTF is up nowadays with all this "entitlement" bullcrap anyways? Everyone's "entitled" to something anymore. It's pathetic.
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Re: Re: They do have a small point
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Re: Re: They do have a small point
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Re: They do have a small point
There has been a paradigm shift. Adapt or die.
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Re: They do have a small point
Still, even most of the MPT students agree that this amounts to collateral damage; if the movie industry has to suffer for the good of its own future, so that it can transfer over to a more current medium, then so be it. In the meantime, i can use BitTorrent to download fan-subtitled rips of obscure Japanese animation, which is about all i use it for anyhow.
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Re: They do have a small point
But to think definite that studios and MPAA lose money because people are not buying is purely a misconception -- people who dl movies or music without paying may NOT necessarily buy them if they couldn't dl. Maybe they won't be able to afford it, or as some put it, they won't pay for something that they are sure of the quality and worthiness.
The simple math is: The money they claim they are losing is not their ACTUAL loss. Say 100 people would pay for a movie if there's no such thing as dl, then maybe with dl there are now 95 people would pay, the other 5 and another 50 got to see the movie with dl.
The industry does need to change the way they distribute, like some comments have pointed. There lies prosperity for all.
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The point is, I would not ever go to the store and buy this CD, never haviing heard it before. But being able to take a test run - or just to randomly pick something new. I've discovered some great new bands. Not all of these are new trying to break in to the industry or something. They just don't get played here. I'm a music junkie, and I don't like being stuck to the top 40 that some jackass picks to play on the 10 radio stations in my area.
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I do it but know it's wrong
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Re: I do it but know it's wrong
I download GB after GB after GB of software, porno, music, movies, etc. Why? Because they tell me I cant, no other reason. Keep telling me I cant, keep suing kids for this, and in the meantime, I will keep filling up external HD after external HD with more content.
Incase you didnt know, thats a big FU mr MPAA and RIAA.
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The thing about it...
What we have here is the same kind of fight for freedom that we had back when America separated from England. Not it all terms, but in theory at least. I don't think people really needed a new land back then, they just wanted freedom. Turns out we don't need their crappy movies, but we know we are being oppressed and we have the power to resist being thumbed down. People hate being smashed by higher powers who are only interested in control and monetary gain. Now, that's their prerogative to be money mongering industry whores, wastefully shelving out smut and crud, but they only do that because we always supported that in the past.
HERES THE DEAL...
As long as "average joe" america goes out and buys, views and rents this stuff like they have for 40 years, the INDUSTRY will remain the same. Now they are dying out slowly, and change is coming but until then, anybody who can figure out how to use BT is a "l33t n00b hack3Rz" and now part of the "La Resistance"... basically seen as the bad guy to the corporate world of the entertainment industry... The corporate yahoos have about as much sense as the ding bats who go out and throw $60 bucks a week on their crap. (Theater, rentals, cd, cell ring, bla bla.... )
So how do things change? The way they always have. People will create alternative ways to produce and distribute mainstream music with the artist being the ones to actually see the profits, Independent films will skyrocket in quantity and quality, online services will improve and become easier for the average joe and the geek culture will continue too evolve and spread.
Sure we will have set backs... like the mass geek suicides when tech guys are called over to their first install or fix of the new version of windows, or BT searches struggle against a machine of lobbyists, lawyers and politicians who have been comfortably pocketed by the media and entertainment industry..
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BUT
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The MPAA is a joke
The realize the CAN'T go after the actual SEEDERS of the torrents because;
1. There are WAY too many.
2. They already tried this with poor results.
3. Totally non-cost effective.
The amount they have to pony up to prosecute each seeder FAR exceeds what they will (if ever) get back in payment...Not to mention the time involved...
Basically they know they’re screwed so they are getting desperate and trying every damn avenue they possibly can...The best they can hope for at this point is a propaganda campaign letting people know it’s “bad” to DL their material and they “might” be prosecuted someday, kinda like the FBI warning on old VHS tapes; do not copy or distribute or else!!!
This is the death rattle of the music/movie cartel...I will watch with amusement.
BTW: who knows the TORRENT sight for V for Vendetta?
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Interesting point
That's the whole point.
The record industry think that they are entitled to continue to screw the public, and up until their dying breath, they will continue to press lawsuit after lawsuit, pay for stupid legislation to force people to continue to purchase their buggy whips, and keep screaming, "It's for the artists! Really!"
These are the same people that screw over the artists, by the way, with their personal contracts that are just short of legalized slavery.
Face it... it's not for the artists. It's for those guys in business suits, and the guys carrying the briefcases full of warrants and affidavits, and for every other low-life that is associated with the whole insipid industry.
99.9% of the artists don't give a toss about the money. They make music for the love of making music. If they need money, they'll tour, do concerts, and sell T-shirts. They adore their fans, and the fans adore them. What else is there?
What about those other 0.1% of the artists? Those are the ones who do nothing anymore except cash their checks to pay for their cocaine habits. They got rich from making music. Now they sit back and vegetate.
Not everybody falls into these two categories, and there are exceptions all around. There may be one record industry exec that is higher than pond scum, but I haven't met that person yet.
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Re: Interesting point
I have - his name is Mike Varney, and he owns Shrapnel Records. Best damn human being IN the business, bar none!
'Still a bit brainwashed by what his "association" (RIAA) force-feeds all their "members", but he'll coming around sooner or later; He's a smart guy. :-)
SK
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Re: Re: Interesting point
ive released cds for years at $9.99, up to 14 songs, and Up to 26 songs at$ 12.99 max suggested retail for twofers . All these many years We have never encountered
a significant piracy problem.at these prices most prefer the real thing Rock n roll!
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Re: Interesting point
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Hmmm
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Well Played
I don't know. I just think that the MPAA and the RIAA have gone way too far outside of their own allowances on way too many occasions to even be trusted and/or respected anymore. I mean, when companies and bands begin pulling away from these types of "protective alliances"(as I call them), wouldn't that be some cause of concern?
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parallels with season 7 south park episode concern
In the end, the striking doesn't work. Kyle inevitably makes the realization that instead of refusing to play music because of 'illegal' downloading, that performer's and artists should simply be stoked and estatic about how many people are listening to their work. Further, if the work is actually good, people will continue to buy tickets to concerts and merchandise to support the artist.
I simply couldn't agree more. The music industry is all about money these days. They should simply be thrilled about how successful their labels are instead of head-hunting their listeners. All that money spent, should be used to innovate: to find other means to provide affordable digital content to consumers instead of alienating them.
As funny as the South Park episode was, it also hit the proverbial "nail on the head" with many of the issues it raised.
RIAA / MPAA . Time to rethink your business model. Time to stop being greedy.
Oh and go and watch that episode: it's sure to raise some laughs. : )
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Re: parallels with season 7 south park episode con
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Is is just me...
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TorrentSpy
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All radio stations pay royalties to ASCAP or BMI, based on the number of plays each song gets. These organizations distribute the royalties to member studios. The radio stations take the money they get from advertisers to pay expenses, royalties, and profit.
Torrent trackers could take the money they get from advertisers to pay their expenses and profit, plus a royalty distribution fee based on the number of downloads.
This would require a Torrent tracker to enforce exclusive use of their site to download the torrent. TorrentSpy would only be able to provide a link to the specified torrents download page, rather than the torrent itself.
If each member of a torrent swarm had visited the original tracker's site, then high download numbers would be equal to high numbers of site visitors who saw the advertisements there.
The royalty fees radio stations pay are pretty low, I'm fairly sure this would work well for tracker sites as well.
Then they just sell us some high quality cd's/dvd's. Nice boxed sets with lots of extras. How many of us are interested in actually downloading more than a stripped/compressed version of a movie? I know I've bought a few nice boxed/special editions of movies I enjoyed after downloading. Just like many folks will buy a song or cd after hearing it on the radio for free. I thought Half Life 2 was so awesome after playing it all the way through, that I went and bought a copy I haven't even opened yet. It was that good!
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Ha Ha Ha
CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST. CANADA is the BEST.
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they can't make money off your music interest if they don't own the artists you like.
that's why i say fuck the labels!
steal the cds, buy a concert ticket and t-shirt if you really want to support a band.
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torrentspy will feel it
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Make me want to buy it
I am a person who enjoys having a shelf in my room filled end to end with dvd's . It shows who i am if anyone visits and says ooh, i like that film. However i hate the prospect of paying like £19 for a dvd, the ones i own are like £3-5 i buy out of bargain bins (shawshank redemption - £3.99) Now thats money i dont mind parting with.
Not to mention there's so many middle men involved in the industry the final price is way to high to the production cost.
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Just Got Jacked...
Your Music Sucks, That's Why You "barely have enough $ to stay afloat in the industry"... Stop Trying To Blame Music Downloaders, It's Such a Pathetic Excuse... Blame Yourself, i'm tired Of These Cry baby Artist, Even If No One Was Downloaded Music, Guess what..... You'd Still be "barely have enough $ to stay afloat in the industry" Because Your Music sucks..... You Really Are Pathetic.
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what do do when torrents are shut down
is there any ideas on what we can start as far as another site to get music games movies videos and porn and how can we work around the laws it seems like we are getting stomped on by everyone.
I had one idea lets say if someone had stuff on there computer why cant we just make some programs that can access there computer and get anything we want without using a file sharing program or torrent. there is somthing like that but not the greatest but is availible
through windows you can share files someone has what your looking for they post it or you can basicly have a home to home computer network. I buy somthing then I put it on my computer then I say I can give it to you through your IP address. Just basicly searching peoples computers and ip adressess if they allow it if you could do that then it goes down to a privacy act does the government have a right to invade peoples computers. no torrents or file sharing programs just peoples harddrives
somthin to that exstent dont know how to exsplain it
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Meh...
FYI, everytime a torrent site dies, 10 more spawn.
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torrentspy fights back
lets hope more people do the same.
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MPAA can suck my balls
the canadian government has laws against what the mpaa is doing.
if anything if file sharing were to become illegal in canada they would have to file criminal charges and would not be able to sue and make money off the file sharing sites. the canadian government has an artist compensation program which incurs a surcharge on every mp3 player and cd sold in canada that replaces the money lost by file sharing which is a great idea and should be started in the US.
and in places like china cds are considered optional promotional items so file sharing is not only legal but encouraged as it actually saves the chinese record companies money these are all business models the us should consider cds dont even bring that much money the money mostly comes from merchandising and ticketsales for concerts which is why the chinese model works so well so mpaa listen to a good piece of advice and stop the madness filesharing is a good thing and should be embraced not fought
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my 50 cent worth
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Your Rights as a company...
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MPAA
geez, are they only suing these people just to make a profit or to stop them? i guess we will never know until everyone around the globe is as broke as shit.
what bites me though is how people are being caught coying stuff when there are millions of hackers out there who crack hundreds of pcs, but never get caught. i mean, WTF EH?!?!
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Am I the only one...
If they want a solution they should try this; insert advertising into their movies? collect a revenue each time it is downloaded?
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Fight back!
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blah blah blah
What a nonce, thats the dumbest thing ive ever heard!!! Why would you buy something you dont need? If you want to play a whole game then buy it, i mean if youve already played it whats the point!?
Music hasnt been the same since filesharing started. I have cackloads of wicked bands on my mp3 player, and i didnt pay a penny - its ace! before i got broadband i would buy like 1 cd a month, force myself to listen to some shit over and over again before chucking it in a cd rack to gather dust. Now i do the same but with data, and cos i can afford to filter out all the shite i actually get to listen to the music i like.
and an example to prove that we are all correct -
The Arctic Monkeys are an ace new band that just burst onto the scene in the UK, after promoting their music online. They reached so many more people as a consequence that the people who actually wanted the cd all went out and bought it. They are now going on tour and my local venue sold out in 2 MINUTES. Thats about 4000 fans at 20 quid a pop - 80 k's not bad for a nights work is it? Then there's MTV, radio royalties, merchandise etc etc...
FILESHARING IS NOT KILLING MUSIC, IT IS FILTERING OUT THE CRAP AND SUPPORTING NEW TALENT IN A HUGE WAY. Its the people who put out the crap that lose out, and what a damn shame that is, eh?
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imagine if when you bought a cd you also got a copy of a program like dripdrape or cooledit pro and instructions on how to diasemble and make something new out of the crap you just paid for.... by the way HL2 wasn't that great
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YAY
Fight Back!!!
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The test applied by the court was rather well stated at the top of this page, the service provider shouldn't be taking affirmative steps.
In the case of Torrent Spy it is highly likely that the MPAA will argue that the sorting of torrents into TV episodes etc, but especially CAM's was encouraging something that they clearly had to know would be illegal.
So Torrent Spy will probably go down. However, this will not stop torrents in general, the secret is I think to make sure that the legitimate uses of torrents do not get sidelined. So when every you have a freeware piece of software post it to a torrents site
cheers
Thelaw
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Torrentspy
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Re: Æ?0r(3 Æ?33Ã? 7h1$
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The Real Point: Exploration, Education, Fascinatio
These are not things i am able to get in my area. What it amounts to, is a wonderful extension of the informational anarchism of the Internet: see, read or hear anything. ANYthing.
THAT is power to the people.
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Yet another man can charge people money to see Big Mommas House 2 and he's done nothig wrong?
Something is very very wrong with the world
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Pirate files?
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Come to Canada!
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Safe Here To!!!
The only reason I download is purely to smaple this stuff.
I use to buy games and movies all the time, then I thought "fucksake, i actually buy this crap" so, I started downloading it first trying it out, man, the amount of dosh i have saved.
It's like blockbuster for instant, you'd rent a dvd out, try it and if it is good, you buy the real-deal, so to speak..
I also think, whatever they come up with, there will always have pirates, I mean before bit torrent, there was kazaa and irc for christ sakes. Also they must be loosing so much cash on these clueless idiots they call lawyers.
Iv'e said my piece - download, try and buy if good!!
I don't see I'm breaking the law, I just like to try these things firstly before wasteing my hard earned cash, I personally see nothing wrong with it at all.....
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....
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Re: Nigger Cunt Post
Buh bye...
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laff
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Some kind of monster
I hope like hell that TorrentSpy can win this battle for all of us!!!!
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Lug11...
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Re: Lug11...
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Re: Re: Lug11...
Sorry,
SK
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Art isn’t done for money – it’s done for the love of art. Otherwise, it’s not art at all.
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get free xbox
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Stop
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Yeah !
In general capatalism is reaching a new dawn or possibly its tipping point. due to the catch 22 of freedom of information in the information age. We are all agreed that things have gotten way too pricy , and this has a direct correlation to corporate ideals and misuse of the capatalist model for nothing more than greed. Which as you all know is evil but we accept greed in business and tolerate it strangley as if we cannot do anything to stop it.
if you have a cash cow do you want to see it die? No you will endevour to keep it functional for as long as you can , its basic instinct for survival the cow represents life in capitalism. without the cow there is financial DEATH !!! oooh noo
We all know that its a cycle things grow they mature they get complicated then they die. In busiiness medicine and poison is generally the LAW.
Remember above all you are humans not cash cows , have a sense of community.
Remember" good" not "goods" makes the world go round.
Oh yeah and i do D/L heaps a shiet via BT, cause the powers that be have made me/my Generation poor through their greed and brainwashing now i have nothing but my dsl and my faith in good human beings.
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The Entertainment Industry
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DRM Hell
Then I try to put it on my player, and it can't. There's a problem with their license server, and I'm screwed. My computer crashes, WMP kills my licenses (the ones it supposedly backed up) and I'm left with a hard-drive munching, GB-eating tossload of files that don't do ****.
The reason why piracy is flourishing is simple - if you can just kill off your paying customers like *that* - they're not going to STAY paying customers for very long. A 30-second sample of a 5/8/10-minute track makes me feel like I'm jumping off a cliff knowing the ocean's wet.
So I can either download only the songs that I like only to find out that they won't play on my iPod, or I can buy an entire album CD only to find that 7 out of the 10 tracks are pure and utter ear-ripping scat. I feel my pockets burning, and retreat once more to the comfortable oblivion of piracy.
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An alternative to movie piracy
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my twenty year prediction
dowloading will cause "perceived" profit loss. regardless of actual profit margins, this will push more "true" artists towards the independent side of things because the "all but slavery contract" perception does not exist in the Indy world. (Indy labels however are rumored to have worse contracts compared to their mainstream siblings.) this in turn will cause a new boom in the Indy labels and a deflation in the mainstream labels. basicly, we'll see the birth of a new set of mainstream labels that claim to be Indy labels.
Touring will become the focal point and the make or break test of all bands. can the band CONSISTENTLY attract fans over five or ten year stretches? The new labels will see this just as the current mainstream labels see it now. The only bands that can weather the storm will have to be mainstream. Yes, there will always be the small churnings of small bands that reach local or regional success and maybe even get the national 15 minutes of fame. then comes the real test. can they survive downloading after it helped bring them to success. also, can they tour and put on the breathtaking show necessary to captivate fans and grow a loyal following. only the rare few will have this ability. all others will fade around the five year mark, right when things have the best potential. Only the creme de la creme can survive the initial download frenzy of its first major national album and they can only do this by touring. needless to say, most bands will tour their asses off once they get that first major record because theyre betting on the second album as their cash cow. its the age old, "just one more" syndrome. the bands think, "if i can just make one more good album, we'll be rich."
its not the actual money lost that impacts the musicians stamina and longevity. its the perceived success of the music. this success will be managed by the record company. the company, trying to trim the margin of download loss, has no choice but to pursue legal action as a deterrent. this eats up the valuable capital that the label could spend finding new talent and delivering new music to our ears.
Now the labels find themselves trimming their bets on the bands themselves. they only pick the catchiest and most generally appealing bands out there. this delivers us back to the boring mainstream. every song sounds the same because the industry has its formula that they wont deviate from. they cant afford to deviate and therefore they can not afford to bring us new music because they are forced to take pre-emptive deterrence measures against downloaders.
the forecasted sales of a record are keenly calculated. if the sales fall below par, the band makes up for it by touring. if the sales are above par, the band makes excess money by touring. therefore, the function of the label acts on the bands in this manner.
twenty years from now, you will have a few new mainstream "Indy" labels.
Disgusting!
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that way we'd get to know the root of all the evil , and why its bugging these RIAA/MPAA ppl so much.
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Want to sue Bearshare
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