As technology increases, overall wealth will rise. But while incomes grow for most people, more and more artists will be reliant on donations. This is actually a very good process, but the recording industry and the courts are delaying it.
I was a freshman in college when Napster went big. Boy, I loved that site! I had access to so much music, so many audio files–audio books, radio talk show clips, I even downloaded the Benny Hill theme. What fun!
Oh, but I wasn’t paying a nickel—neither was anyone else. And so in came the Recoding Industry Association of America (RIAA). Since that time, a ten-year legal battle has ensued on two fronts.
1) going after the Websites offering the technology to share music
2) going after the users who do the actual sharing
The Websites were merely, well, there—used for illegal sharing, but not doing the sharing themselves. The users were the ones doing the dirty work.
So the RIAA went after them and sued the pants off countless college students and others. Most settled, having to pay a few grand. But the RIAA knew they could do a lot more if they went after the sites that were bringing the users together, so have been systematically shutting them down in the courts. Since then it’s been RIP Napster, Morpheus, Kazaa, etc.
On June 7th, a judge in NY all but put the nail in the coffin of Limewire—the latest, leading file-sharing technology. The judge had an easy decision based on precedent. In 2005, the U.S. Supreme Court unanimously found the file-sharing site Grokster liable because they weren’t doing anything to prevent users from sharing copyrighted material.
It is a sticky wicket, this battle over file sharing. Obviously, people who download their music collections from these sites aren’t spending their money when doing it. So the gripe from the industry—labels, producers, and some artists—is that their product is being stolen.
But there’s more to it than a case of simple theft. Within this issue we address the consequences of restricting the flow of art and ask whether it is necessary to commit this deprivation.
Art has always been a funny thing to try to monetize. We all know of “starving artists” while noticing the blatant wealth of the successful ones. As well, many seemingly make this giant leap overnight.
Though evolving, music had always been easily packaged and sold—from the record to the tape to the CD. But recently, the world’s gone digital. And with such ease of transfer, how could the music industry control the dispersion to ensure collecting money? Well, right away it couldn’t, and a flood of music deluged the public who had access to practically any song they wanted.
This meant a lot more than just a free copy of the Benny Hill theme. This new technological plateau of audio dispersion allowed untold amounts of people to stand a little taller, levitating from the glow that one’s preferred music emits.
But more than the end user, I also think about the artist and come up with this thought: if I was an artist—a musician, filmmaker, painter, whatever—my goal would be to share my creations with the world, to move people, to affect their lives, to have admirers. With this new Internet technology, what better way to extend my reach? Eureka! Now there are students at XYZ University listening to my music who never would have before.
But the recording industry pointed out staggering losses calculated from those missed music sales. And today, this is the side that the courts are taking, and more than shutting down the sites, the recording industry wants payback for all the stolen goods. But to determine losses, they are using a misleading formula, calculating every download as money lost. Herein lies an important distinction in the perception of file-sharing.
The industry sees every download as money not going their direction. But the equivalent of no Napster is not me buying the Benny Hill theme. The equivalent of no Napster, is me simply not listening to the Benny Hill theme. Just because I download something free doesn’t mean I would buy it if required to pay. There exists a gap between music I would buy and music I don’t want. In that gap lay almost my entire collegiate music collection.
A lot of the music “stolen” simply would never have been listened to if not for Napster, so what we now have now is the equivalent of bunch of records sitting on the shelf collecting dust. What a waste.
Also not calculated are the potential increases in concert attendance and merchandise sales because of the increase marketing from file-sharing (which, by the way, makes up about 90% of most bands’ revenue). The music sales go the middlemen.
And there’s good reason to believe that musical output would continue to be monetized despite avid file-sharing. Further, this monetization would be without the side effect of preventing art from being seen or heard, and with the added bonus of relying on the good nature of others.
The rock band Radiohead knew this and literally gave away their latest album In Rainbows for download in October 2007. The only thing people were charged was a donation of their choice. The result? About $6 a download. It is true, Radiohead is established and can afford to make that can’t kind move, but I do not subscribe to a vision that sees smaller bands going away if file sharing continued the way it did.
If fans saw a need for their favorite artists they would get on the ball and donate. The financial need would be filled—just not in a coerced way. We’re seeing this response in another field being redefined by the Internet—journalism. Bloggers are getting donations from individuals and entire media outlets are funded by private foundations.
Small bands would have to rely more on donations, sure, but they also would have a heck of an easier time fund-raising from the recognition gained via a Napster. Of course, there’s nothing stopping them from giving away their music right now, but the beauty of sites like Napster was their enormous network of people. I remember downloading music from bands I’d never heard of because of what others on the network were listening to. Perhaps what small bands should do is pool their music and attempt their own Napster.
The RIAA’s recent legal victories have hindered the effects that the file-sharing movement was rapidly having. First, and obviously, many more people were having access to more art. Art fulfills people, lubricating the productivity of humanity. And more than just enabling current bands to reach out, this access to music spurs new bands, featuring new collusions of music styles. This new expression, in turn, becomes an inspiration to new listeners, the whole process perpetuating itself to new heights.
In addition, the productivity point gets hit from another angle: where would these file-sharing technologies have gone if left to function? Who knows how big and in what form Napster would be today. We are seeing the prevention of the use and enhancement of the time-saving, innovation-inducing mechanisms of file sharing.
But the greatest loss I can perceive in all this is the disruption of the voluntary spirit. Here’s why: as we progress technologically—file sharing, iPad’s, etc.—we enjoy greater wealth. Those whose services are monetized will have increased incomes and will simply be “required” to donate to services that technology has removed the roadblocks of mandatory payment from—like music, and video as well. Spurred on will be a whole new class of donators maintaining a rich flow of art. The war on file-sharing has prevented, or delayed, the growth of a new norm of donation. And as anyone who gives to charity knows, this is unfortunate because the involvement of giving to others makes lives bigger and more fulfilling.
I suspect the deluge was too much of a good thing too quick. But in a way, the rulings made in the U.S. are rendered moot as the flow of video, music, and print will continue into our computers—legally or not—finding their home into the hearts and minds of the open individual, to the benefit of all.


























