Let’s Discuss the RIAA Victory, Shall We?
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I’m having a hard time wrapping my head around the recent RIAA victory. Copyright law is solid, and the law permits much harsher punishments than what was imposed on the defendant. It’s curious just how powerful and imposing the copyright law really is. Is it really a crime that deserves more monetary punishment then some violent crimes? Should it be right for a company with limitless funds and enormous amounts of political influence to demand so much of someone that can’t possibly pay the fine?
The RIAA would have this be a lesson to file sharers, riding on the wave of the day and enjoying their victory over the small-time pirates. Perhaps the music industry hasn’t realized one very simple fact. Not everyone can afford the music they love. I have heard countless angles about why piracy is right or wrong, and one simple fact always stands out… Not everyone can afford to purchse the music they love.
Personally, I believe 99 cents to be an outrageous amount to pay for 3 minutes of sound, especially when the cost to distribute is next to nothing. No manufacturing centers have to be opened overseas to distribute a song online. Yes the bandwidth and the servers used cost money, but at over a billion songs distributed, is the cost to produce one copy of one song really 99 cents? Even the studio and marketing costs couldn’t possibly come close to an entire dollar per song.
This just seems wrong to me, regardless of how you feel about P2P sharing. It feels wrong to support an industry that uses our tax dollars to prosecute a single person for hundreds of thousands of dollars knowing it would ruin their financial future, and possibly the future of their children.
I’d like to get a conversation going about this, and see what the Lockergnome community thinks about the music industry as it is today. Perhaps you have ideas about how it can improve? Please leave comments and let us know.
[tags]RIAA, Lawsuit, Music industry, Matt Ryan, Frugal Geek, Legal[/tags]

6 Comments
the oracle
October 11th, 2007
at 8:52am
You may be correct about the cost assessment, but your claim that not everyone can afford it doesn’t stand up. By that same logic, I should be able to steal a copy of Autodesk, because I really cannot afford it.
Who is the judge of affordability? Who applies the criteria? Remember, the only analog to this music thing is something that is not reduced by its taking. Stealing a Ferrari because I can’t afford it is not an analog, because it doesn’t leave a Ferrari behind. It is truly theft of property.
Matt Ryan
October 11th, 2007
at 9:19am
Good points Oracle. I suppose I should clarify that point some.
There is a big difference between a 3 minute song and a Ferrari. A 3 minute song is a tiny file that lets a listener hear a performance or piece of music. With DRM.. that means that 3 minute file lets someone BORROW the right to listen to a piece of music using one particular device or program. This means that someone has to cough up money every time they switch devices. Ripping a CD is considered theft, according to the RIAA attorney.
This makes being a fan of one song rather costly, since you have to buy the right to hear the song on each individual format you need access to. Can you imagine paying $10.00 for the Macarena? That’s what the RIAA wants you to do.
On to the topic of pirating the music.. I remember when our radio station had to pay ASCAP and BME for the right to play the song, so that everyone listening can hit record on their tape players while listening to their favorite FM station. We had to offset the costs for playing the music for others, and the rationale behind it was that we were in sense making it available to everyone listening to copy. What’s odd, is the fact that radio stations are nothing more than organized advertising agencies for record labels. They play key tracks of key artists that inspire key demographics to purchase what they hear over and over again. As radio is taking a back seat to direct downloads and file sharing, you’ll find that a lot of music purchases you make are inspired by that video on youtube, or that one clip you heard on this site or that.
An honest person will still buy something they enjoy, even if they got some things through a P2P group. A dishonest person would never purchase the product anyway, despite efforts from the RIAA to force them to do so. Now my statement regarding inability to afford the music was rather unset, and admittedly so. However, the discussion point would be more set on the record industry setting unrighteous price on a product with very little compared overhead, and in doing so has DRIVEN people to download them illegally.
If CDs cost what they were actually worth, we’d be paying a third of what they are set in the stores, and I doubt piracy would be so rampant among otherwise honest people. I’m saying this as a DJ both professionally and in hobby, which is part of an internet station that had to fork over thousands of dollars to stay on the air, despite the fact that we make no money since we refuse to run ads. This kind of activity drives people into piracy, and I couldn’t agree more with some of the Gnomedex speakers when I say the best way to fight the system is often to subvert it and make change yourself.
the oracle
October 11th, 2007
at 3:51pm
While I agree that stations should have to pay something for the use of music, it should be a miniscule amount, as the playing of the music is as much a push for the musicians and record companies as a revenue generator for the station.
In today’s economy, and with the technology available, perhaps each established artist should have a studio, master the discs, and then forge agreements with the pressing plants and distributors separately. I’m sure that Amazon would love to be a sole distributor for many acts.
Also, I’d like to see the established artists bringing in the new talent, they certainly could do no worse than the idiots who have foisted most of the music of the last 10-15 years upon us. A&R could be dropped from the plan entirely.
Matt Ryan
October 11th, 2007
at 4:07pm
Perhaps we can hope that Radiohead does well enough in their experiment that even more artists will follow suit. The record industry has shoved bad acts down our throats for too long, and maybe we should take this as a point of change.
the oracle
October 11th, 2007
at 5:08pm
As I read your eply I am listening to Pandora Radio, which doesn’t seem to be much affected by this, and I wonder why more of this doesn’t get through to the people who are suing everyone.
I am not fond of much new music - not because I am older, I am, but that is not the point. I have purchased music that I have never heard because it is similar to what I do like - all because of the Pandora Project.
I don’t steal music, not because of my incredible integrity (it’s partly that) but mainly because I think mp3’s - no matter what the bit rate used -stink - I have listened to some of the best reproduction equipment available to anyone in my life - and own a lot of it, plus I have listened to enough live music to know that mp3 is a really bad approximation of what I want. But it is also the extras gotten with a CD (or record back when those were eqasily available) the photos, the liner notes, etc. Those things justify my purchase of CDs as much as the music quality.
Back to my main point - much of the availability of the music from the internet has made me purchase CDs. I’m sure others do the same. I certainly wouldn’t purchase it otherwise - because it is not played on terrestrial radio.
Just today, I have decided to buy an album by Ugly Kid Joe - previously unknown to me - never heard it on the radio, but I’m going to order it from Amazon. Another example - I have the individual albums of Black Sabbath on separate CDs, but discovered that there are some songs previously unreleased in the Black Sabbath ‘Black Box’ so I’ll be ordering that soon - more music for the music companies, and a small amount for Ozzie and the boys.( And I’m certain there is a booklet in that Black Box, that will never be transmitted in any way by purchasing online in mp3 or aac format.BTW, aac is much superior to mp3 - anyone who is awake should hear the difference) All because I can listen to this through the internet.
Matt Ryan
October 11th, 2007
at 5:21pm
Great one Oracle. I couldn’t agree more.