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Can't Kill P2P

By Annalee Newitz, AlterNet. Posted August 30, 2005.


People want to get their music online, and currently P2P is the best way to get it -- not because it's free, but because it's there.
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There's this great, whiny song by Ozzy Osbourne from back in the day (before the TV show and all that crap) in which he screams, "You can't kill rock and roll -- it's here to staaaaaay!" Although remarkable for its cheesy sincerity, Ozzy's was just one of many songs expressing such sentiments back in the late 20th century. By then, it was pretty damn obvious rock couldn't be stopped, despite the efforts of Tipper Gore and the Christian evangelists. Yet clearly Ozzy still felt sort of threatened, or at least besieged enough that he needed to pen yet another paean to the juggernaut of rock, the world's most dangerous musical genre (later surpassed by rap).

I'm starting to feel like Ozzy. I want to yowl about peer-to-peer file-sharing software, a geeky topic I think Ozzy, with his reputation for biting the heads off bats, would appreciate. Like rock 'n' roll, P2P is not going to die -- despite hype storms to the contrary.

BigChampagne, a company that charts the usage of P2P networks, reported in June that 9.9 million people are using them simultaneously at any given time. That's a 20.1 percent jump from last year. And it's double the number from September 2003. The recent Supreme Court decision in MGM v. Grokster will leave some P2P companies open to lawsuits, and yet those companies are still holding their digital swap meets in which people trade files online. The Motion Picture Association of America and the Recording Industry Association of America brought several thousand lawsuits against individual file-sharers over the past year, but people are still flocking to BitTorrent, Kazaa, eMule, and all the other glorious free networks designed to facilitate quick information-sharing across the planet.

The entertainment industry, whose representatives have tiresomely insisted that their profits are being decimated by P2P, isn't really doing that badly after all. The film industry says DVD sales grew 33 percent in 2004. And in an extensive research report, the Economist has concluded that music sales grew by a few percentage points in 2004 too.

Now here's the really interesting thing. In a recent bulletin, the wackily named International Federation of the Phonographic Industry (an international version of the RIAA) said that "music fans downloaded well over 200 million tracks in 2004 in the US and Europe -- up from about 20 million in 2003." These were legally purchased tracks, by the way. So if we assume a comparable amount of growth in legal downloading this year, I think it's safe to say that buying shitloads of lame new music from major labels online will become as popular as P2P sharing. And indeed, the market for legal downloading is growing as fast as P2P: Internet industry analysts at Jupiter Research said earlier this month that the digital music industry is currently worth $350 million and is expected to double in the coming year.

Amusingly, $200 million of that revenue is from ringtones alone. Now what does that tell us? That people are so desperate to download music online that they'll buy anything -- even stupid ringtones -- if it's easily gotten in sufficient variety. Similarly, as soon as record companies made their music available online, via P2P networks or in stores like iTunes or Yahoo! Music, people started buying it like crazy. Maybe the popularity of P2P networks isn't about people wanting to "steal music," as the RIAA would like you to think. Maybe it's just about people not wanting to go to scabby old Tower Records for their music. Maybe it's just that people want to get their music online, and currently P2P is the best way to get it. Not because it's free, but because it's there.

Finally, some bigwigs in the music industry are starting to get it. Earlier this month Sony BMG announced it had made a deal with British ISP PlayLouder to make its entire music catalog available to the ISP's customers. That means anyone with a PlayLouder account can download any Sony BMG song, in any format, from any P2P network, perfectly legally, for free. Doesn't that sound civilized?

Imagine if anyone who had an Earthlink account could use BitTorrent for legal downloads of every Bruce Springsteen CD. What Sony BMG is acknowledging is that P2P is the new radio. People are using P2P to listen to music all day, discover new artists, and (yes) tape their favorite stuff to hear later. All these things will lead to bigger revenues for Sony BMG in the same way that radio play for their artists has in the past.

And yet, just last fall, a group of 47 state attorneys general wrote an open letter to the P2P industry urging it to "take direct and meaningful action" because mostly P2P networks are used for child pornography and crime. Here we are, almost 30 years after Ozzy's anthem shook my little ghetto blaster, and we're still being pummeled by lawmakers and hypocritical authority figures because of all the supposedly scary things wrought by youth music culture.

But I've got news for you. You can't kill P2P -- it's here to staaaaaay!

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Annalee Newitz is a surly media nerd who notes that in 25 years P2P may be sold-out and starring in its own reality TV show, so don't say she didn't warn you.

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Who are you kidding?
Posted by: InvisiblePimpernil on Aug 30, 2005 8:46 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
It's because it's free.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

» RE: Who are you kidding? Posted by: simplisticton
» RE: Who are you kidding? Posted by: eocarroll
» RE: Who are you kidding? Posted by: gravytrainengineer
» RE: Who are you kidding? Posted by: eocarroll
Music Downloader, CD Purchaser
Posted by: Joe on Aug 30, 2005 9:18 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Why does the entertainment industry hate p2p? Not because of "piracy" but because of lack of control. I have download many songs and also bought many CDs. I have discovered music I would have never listened to in the past and have CDs by artists who I would get criticized for listening to - all because of having the opportunity to check the music out for free by way of a peer to peer network. Movies are the same way. At one point all I watched was mainstream big name movies but with having the opportunity to download a variety of movies it has opened my eyes to the independent, smaller budget movies out there. Now when I rent movies I don't only check out the new releases section. That's extra revenue for Hollywood. But none of this matters. In the end Hollywood wants the control, they just use piracy as an excuse.

All this may change though once Microsoft hands over control of the Operating System to Hollywood with Vista, the upcoming OS from Microsoft. It may get to a point where you'll be forced to pay the music company a 10 year renewal fee if you wanted to listen to your music collection ten years from now. Thats the kind of control DRM (Digital Rights Mangement) will give them.

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» Don't use Microsoft. Posted by: nickptar
» RE: Music Downloader, CD Purchaser Posted by: chaos-abounds
» DeeRM, Schmee-RM Posted by: beffie
Intellectual Property is Bullsh*t
Posted by: Pooty T on Aug 30, 2005 11:09 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
"I always tell people, music is a form of communication that predates language, straight up. It's been around forever. And it wasn't until about the turn of the century that they figured out a way to bottle the water, you know? Before that, music was a river. It was a river and everyone could sip from that river. But then someone came along with the idea that, "Hey, we can bottle this, and we can sell this water." And people were like, "Well, that's kind of cool, that's convenient, because I can take it home with me, or I can put it in my pocket and take it on a walk and have something to drink," which is fine. That's a reasonable industry, to go ahead and put some water in a bottle and sell it. That's fine. But the problem is when they start trying to discourage people from going to the river, or trying to close the river, or even worse, poison the river -- then it's not all right. Then it stinks."

-Ian McKaye of Minor Threat
Fusion Anomaly Free Music Philosophy

Yargh, me matey, nobody shall be in the business of withholding information if I have anythings to say about it! Ideas shant be commodified.

That be a form of oppression.

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hypocritical authority figures
Posted by: Olympiada on Aug 30, 2005 5:19 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
All righ Annalee, after a peer pointed your intelligence out and I observed it my self, you have earned my respect. I pour out my libation to you. Yes I know you are still alive, but I feel like I am dying, so that is what I am writing.
Thanks for reminding of me Ozzy's. A friend's son recently went to his concert, and to be honest, I feel like going too. I think I am going to check out some of his music from the library right now!
Now as far as P2P, man do I wish I had a mp3 player! Music rocks...That is all there is sometimes to take the edge off, to dull the pain, especially if you are clean and sober...
Thanks for your witty writing. It is opening up my caustic wit. Lord have mercy, I just might sin if I really let my dark humor out!

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» Thanks nickptar Posted by: Olympiada
» Screw off druggie ? Posted by: Olympiada
Where's tort reform when you REALLY need it?
Posted by: maxpayne on Aug 31, 2005 6:26 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
So, let me get this straight, if individuals want to hold bad companies/corporations responsible for misconduct, their cases are shifted to the federal court where nothing gets done and the media and rightwingers persecute them whereas when it comes to stuff like P2P, the same media, cons, and the music and movie industries that make up much of the entertainment elite are ready to shoot down even 12 yr olds just because he or she wanted to download a few songs rather than purchase overpriced CDs/DVDs. If the cons and econ libertarians were really concerned about the Hollywood elite, they would have already pushed for tort reform against big business in the first place rather than allow them to go on multimillion jackpot lottery lawsuits. Also, if the music industries really want to reach out to their customers, they'd learn to get with P2P and get back to fair pricing.

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two problems, two solutions
Posted by: danielbu on Sep 1, 2005 7:08 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
There are two problems here - 1) how to pay musicians for their work, and 2) how to pay record companies for their work. They need separate solutions.

Many people would like to think that the record companies are just blood-sucking middlemen, but in many cases, producers and promoters shape talent in ways that the musicians themselves couldn't have alone. Who would the Beatles be without George Martin? QED.

Intellectual property law is a construct that allows writers' (like you), or musicians' product to be measured just like any other, and paid for.

The radio idea is a good one, analogous more to download servers than p2p. People like my next door neighbor, who's downloading movies that aren't out yet on DVD, and burning them at home, are stealing from the artists.

The market, OTOH, has pushed the salaries of some artists way too high, but there's no way to charge royalties on p2p, are there?

If there were, then songs on Itunes would cost only 1c - like the radio stations pay royalties - not $1.

In the meantime, there is plenty of free legal entertainment for download on the net - no need to steal.

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In any other business...
Posted by: dpdavis on Sep 3, 2005 10:43 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
So, if I like the books written by authors here on AlterNet, it would be ok to just scan them, send them to a lot of my friends and then post them on the internet for anyone who wants them?

If I knew the plumbers work was too expensive, and i cut the bill in half and sent that instead, the plumber should be ok with that too?

If I just walked out of the supermarket with my groceries without paying, because I think that corporation makes way too much money for substandard food, you don't think there should be repercussions?

What if I borrowed my friends car, simply because I think he has too many material things, you don't think that he shoud be upset?

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» RE: In any other business... Posted by: nickptar
» RE: In any other business... Posted by: fractal.design
Try before you buy: Quality control in the p2p generation
Posted by: fractal.design on Sep 4, 2005 9:22 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
How many times have you seen a movie at the cinema, and walked out feeling ripped off, and wanting your money back?

P2P and piracy provides a decent previewing method.

Ofcourse you have to actually see the movie at the cinema if you like it in order for this to work, but its not so hard to believe that people will do this.

I saw the Matrix a few times at the cinema, and subsequent times on VHS/DVD. Would I have done differently if I downloaded it first?

No f&*^ing way!

Why? Because that movie rocked!!!

In the end p2p-previewing gives money only to movies that rock (in effect no money to crap films)

Why does the MPAA not like this?
Because now they cant make tons of money making crappy films!!!

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The Real Issue is Crappy Music
Posted by: Kym525 on Sep 5, 2005 3:11 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
That's right. The real issue here is that many P2P file sharers are sick and tired of all the crappy music that's being force-fed to a largely passive and brainwashed public by companies who have long since sold their souls for the bottom line, rather than artistic integrity. It's telling when talentless pop tarts like Brittney Spears and Jessica Simpleton are the best that pop music has to offer when Tori Amos can sing and play circles around these hacks - and guess what, she can actually leave her clothes on! Not to mention without even a whole lot of airplay, Tori Amos can still sell out venues within several hours. And on the hip-hop front, everything's about the bling-bling 'I got bitches and hos ridin' my jock' nonsense that seems to titilate white suburban kids with no clue while their pants sag down to their kneecaps.

P2P, like it or hate it, has given us, the CONSUMER a CHOICE in the kinds of music we want to listen to, rather than having those annoying asses Ryan Seacrest and Carson Daly try to convince us that Green Day are punk. The music that P2Pers download tends to be music that simply isn't offered or known about in the states. It's also a community, made up of like-minded fans of genres who are simply fed up with MTV and standard pop radio. The P2P networks are where the real hip-hop and underground rap is to be found. This is where the real rock (not the emo-stuff that somehow passes for rock) is found. You want world beat - check out P2P. It's a veritable smorgasbord of choices - the one thing Tower Records and The Warehouse can't give to us.

And for those people who somehow think that the artists are losing out - here's a newsflash: That $11.99 you just spent on a CD, guess how much of that actually goes to the artists themselves? About $3.00. That's right - three measly bucks. Now, imagine splitting that three dollars amongst five individuals are you're talking roughly about 50 cents apiece. Wow, that should be enough to get some spinning rims on a Hot Wheel. The real money is made through tours and merchandising - not CD sales. And guess what folks, the P2P file sharers are more often than not, likely to turn up at a show and purchase t-shirts and the like. Also, consider the rappers with the clothing lines. They're smart enough to realize where the real money is. Every kid wants something that says G-Unit, Phat Farm (Baby Phat for the females), SeanJohn or RocaWear.

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Rock is rebellion, P2P is even better rebellion
Posted by: lamar on Sep 7, 2005 7:41 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Is it because the music is free? The point of the article is that people are downloading for a fee, and that's not free, so please back up your opinion, especially if you're nuts.
How can we ensure that musicians get paid? How about this: the musicians go on tour, they sing, you buy a ticket, they get paid. Should we be bending over backwards to protect their "right" to record a 10 song disc with one decent pop hit, laden with synthesizers and vocal pitch correction? Obviously a loaded question, and one that needs to be asked in the post Ashlee Simpson world (or is that post Milli Vanilli?).
How should the music companies make money? How about the old fashioned way: put out a product people want to buy. If you put out a disc with 8 good songs, fill it with lyrics, art and mystique, people will buy the CD instead of downloading a tinny 128 bps mp3 with no art or physical embodiment.
What should be done with the P2P companies? They certainly killed the porn industry. Or actually, the smutslingers figured out what the music industry bozos are too greedy and self-important to figure out: there's money to be made, not 12 year olds to be sued.
Please keep in mind that every major label record you buy supports lawsuits against children who are only doing the same thing that we all did as kids: making a freakin' mix tape.

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Right wing hypocracy
Posted by: lamar on Sep 7, 2005 7:44 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Forgot one thing: the right wing is a hypocritical bunch. How can you claim to support free markets when the whole music industry is based on government created entitlements? What would Ayn Rand say?

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