The hot topic of january certainly has been piracy. No less than three bills, SOPA PIPA and ACTA, have been discussed in order to further combat piracy. You may recall the Pirate Bay trial of 2009 and 2010. The case was appealed twice and in 2012 the supreme court in Sweden will provide a response.
The point brought forth by the defense lawyer is applicable as a general idea of why file sharing should be completely legal. It is no different than producing cars that can drive faster than the speed limit, he says. I would then start comparing that to owning a gun and other non-sense like that, but I am sure you got the point.
What is relevant to this blog is to discuss is how piracy can been understood. Obviously it can be stealing. But it has other facets to it as well. Socially it is an expression that consumers want easier access. Whether this means cheaper, completely for free, without the hassle of getting physical copies or whatever else we certainly do not know at this point. It is, however, obvious that these could be issues that made piracy so prevalent in the first place.
Regarding whether pirates are thieves you have to step outside the traditional mindset for a second to fully grasp the situation. This author agrees that stealing something physically is quite different from copying something digitally accessible. Certainly something can be said for the fact that the copy right owner may have been deprived of some income had his legal property not been copied. He may have. He probably has to some extent. But is the extent as vast as the expanded exposure his work recieved? And is that not a relevant question?
You have to remember that the entertainment industry (which holds the majority of complaints towards piracy) is more interested in keeping their produce solely for paying costumers, than they are in promoting their subjects, the artists that actually create the expressions the industry is profiting from. This means that if the industry gets to earn x amount of dollars on a product with a 0% piracy rate, that is more interesting for them than to earn x amount of dollars on the same product with a 50% piracy rate. In essense they want to fence down their work, because they see the pirates also as potential costumers, so what they want is for pirates to stop pirating and start spending money instead.
Again it is of no interest to achieve the possibly massive exposure that free file sharing can offer for the work of the artists. What is interesting is to earn as much money as possible.
I doubt they expect piracy rates to completely convert into paying costumers, but even if one pirate is turned (or discouraged through increasingly tougher regulations) then it is a win for the share holders expecting bigger turn outs.
Not only is this greed socially offensive on multiple levels it is also directly harmful. Just like the Pirate Bay regular people are being made an example of by the twisting of the legal system which is extremely toxic. It may function as an immediate detergent, but just as when you bring the millitary into another country to fight a war, you may win it in a couple of weeks, but you will have your work cut out for you with the uprisings your transgrassion will spark.
A final point that I will make is that you should consider that piracy rates far exceed what is possibly consumable, both economically but also in simple human life. The sea of content available is simply too vast. And quite a lot of that content is of medium and lower quality. Probably the majority of the content. Artists are not all Van Goghs, and a lot of them would be stretching it calling themselves artists in the first place. So in this world of currency drains I can certainly see the logic in the consumer crowd moving away from traditional patterns of purchase towards more egoistic ones. It makes perfect sense that as soon as technology arose to offer deliverance from wrongful purchases, in this time when wrongful purchases could be among the most prevalent, people starting utilising this tool to avoid disappointment.
A lot more could be said on this part of the discussion, but I will leave it here and we can discuss the issue of boredom and entertainment another time.
Also, this post will most likely be used to vault off into another post outlining an alternative system based on access rather than ownership, but since that will take some effort to piece together it might not be the subsequent one.
I would like to add that, if I had the money, I would prefer buying the things I wanted and probably not download anything at all. Or to say it otherwise, if downloading were to be made illegal at this point, I would not buy anything. I do feel this is the case for a lot of people, and so maybe you can put a question mark at the actual profit losses put down to downloading?
ReplyDelete@Anne
ReplyDeletePerhaps. But would you truly consider cutting back on downloading if that was your only choice for entertainment? Just like cutting back on televesion is not an option for many people out there, downloading can be the only real hit. To stop doing it, or to do it only when you can afford to do it could become a hinderance.
The issue that I raise is that quite often you are left wit the option of gambling with your money. Go to the cinema and MAYBE experience something great. And maybe just experience something awful that was not worth the coin at all. That would certainly motivate people to pirate entertainment I'm sure.