theOlster.net

No-one could have failed to notice that, over the last few years, there has been an increased news coverage over recent copyright violations of digital media. In particular I refer to music, film and software. Until recently I have had many conflicting views on this, ranging from outrage, indifference trough to agreement. But honestly, I just don’t know. Anyway, I thought that putting some of my opinions down in pixels might actually help me work out how I feel about all of this.

Napster & Cassette Tapes
So for a little history, from my perspective. I first became aware that I was technically breaking the law when I was about 16 or 17… Yes, I have committed a crime. Without a CD player, and ignoring my Dad’s LPs, all of my music was listened to on my old red Sony Cassette Walkman - and none of it was paid for. I ruthlessly copied my mates CDs, my Dad’s LPs and occasionally borrowed CDs from our local library to copy to tape. At that age who could deny me access to the soundtrack of my life, the Beatles, Eric Clapton, Crowded House, Radiohead, Eels, etc. My next step was not the ownership of a CD player, but instead a computer. So not only did this provide me with the opportunity to buy, and more importantly, play CDs, but it also opened the door to peer-to-peer distribution of music. As I remember Napster was the first network that I used. From here, apart from different technologies, networks and software, the principle remained the same for quite some time. I shared my music and copied that of my peers.

However, with a little guilt, an increased wage, and a little jealousy over my friends huge CD collections, I have spent the last couple of years I have replacing 90% of my pirated music with legitimate CDs. I really don’t consider myself to be righteous for having done so, but I enjoyed doing it for myself. But I ask this question. Was I really hurting anyone when I did copy other people’s music?

At the moment I am listening to my favourite compilation tape (copied to my mp3 player) of all time, it’s got half Dylan songs and half Beatles on it. This is the absolute best, definitely my desert island disc, and I seriously recommend it to anyone (Dylan only listing at the bottom). But get this, I didn’t make it, none of my friends gave it to me. instead my mate’s dad made it for me, and he’s works in the judicial system. By introducing me to Dylan, a previous artist I didn’t know much about, I have spent money on his music.

Sony rootkit
The thing is that I don’t think that the public are the ones to blame for copying music. I truly believe that the industry is at fault, and if there were no copying of music between friends the industry would not be as big as it now is. How can they produce the perfect hardware, and medium to make this possible. When the CD was developed in the late 70’s did they not realise that what was being produced was a medium to store data on that would be read exactly the same way each time. I know that Philips and Sony* developed this and not the record labels, but they chose to embrace it. They didn’t have to accept it. Many (including my Dad who worked in pro-audio for many years, most of it with Sony UK) still believe that LPs are far superior in sound quality. Surely, LPs are not the pinnacle of analogue technology, other analogue developments could have been considered to enable a more compact design?

However, in an increasingly harder industry to get into, this new technology has an advantage. Many friends of mine are musicians, and have started their own labels, recorded and produced their own songs - some of which I’ve played bass on. This effort would not have been possible without computers, CDs and the internet. The opportunity to self-publish has never been easier.

Sony’s recent stupidity (albeit with hindsight) surrounding the development of their rootkit, sounds like a rushed Band-Aid gone wrong. I truly wish for the development of a medium for music and film distribution, which does not allow music or film duplication. The problem that we have though, is that time cannot be undone, whatever is provided as an alternative will be hacked and copied to CD & DVD. Thus, catch 22…

Software Piracy
But, lets not forget software. I used to run pirated versions of Win98, Win2000, and XP. Then briefly switched to Linux, before purchasing and OEM version of XP last year. To be honest, I know I’m not unique in running hacked Microsoft Operating systems, particularly with home built PCs. So what was Bill Gate’s answer to this, bundled software with a new PC. Hmmm. I truly respect this, the price difference for the consumer hasn’t changed much - not that I’ve noticed. An easy opportunity for the user to stay on the right side of the law has been provided here. OK, so there are other types of software, graphics, games, and so on. One solution to the games issue has been solved by the development of the console, much less games are copied by console users compared to PC users (my observation only). The closed hardware and operating system of the console make this possible. As for graphics, I don’t know anyone who owns a legal copy of Photoshop…

Maybe, some of the techniques employed by console manufacturers could be employed in music and film distribution…? The responsibility lies with the industry to sort this out.

Free and Open Source Software
Just a couple of notes here on free/open source ideology. I have tried Linux and find it a very incompatible operating system with Windows. I even used Open Office for a year, with appalling results. There just doesn’t seem to be the standard compliance between these products and the Microsoft franchise to enable me to switch permanently. However, despite buying both Win XP and MS Office, I expect the Linux platform and software to develop significantly over the next ten years to enable me to switch back permanently (I hope).

I have also tried to find free music worth listening to, and except for the band ‘Harvey Danger’ have found nothing. I don’t even like their album that much anyway!

Exactly how has this mass theft impacted the industry?
So back to the record industry. Has pirated music damaged their profits? I suspect not, in the same way that sharing music by cassette tape encouraged me to listen to other artists, I think that peer-to-peer has done the same.

Despite the wide publicity and nature of this discussion, I have found it difficult to find balanced, unbiased figures on this. Instead I include a conclusion from the New Scientist magazine dating from March 2004 - Sorry!

Rather than suing the hell out of anyone they can for downloading music, as in the Patricia Santangelo case. The music industry needs to carefully plan their future, where can we go from here. The can forget about the next 10 years because CDs and DVDs will not disappear in that time. Instead they need to consider the technology of 15 years time and start planning.

So who are the victims…

The few instances of wrongful prosecution like Patricia Santangelo

You & me - we need to be able to share music on a limited scale, that’s how we discover new bands. It is in the interests of the record companies to allow this, radio is so shit these days that it is not a solution. Only like minded friends can help us in this respect.

Record companies - They have hurt themselves badly. Very few people have any respect for them, they have forgotten their consumers and instead manufacture bands to keep teenage girls happy (for 5 minutes, when they must start all over again).

Sony - The rootkit, has turned into a consumer nightmare. For a company who used to be at the cutting edge of technology the last few years have been bad. I thus episode signifies the bottom of the trough and that much improvement is made!

To summarise, my new-found respect for the law may have encouraged me to step back to the other side of the line. But the future is in the hands of the industry. I expect the artists to be paid for their work so that I can continue to enjoy it. It’s the record company’s duty to secure their artists and their own future. Half arsed measures (suing and rootkits) are not the solution, they must accept their mistake, learn, and move on.

[* Sony did not merge with BMG until 2004]

The Bob Dylan Tape:
1. When The Ship Comes In
2. Bob Dylan’s Dream
3. Love Minus Zero/No Limit
4. It Takes a Lot to Laugh, It Takes a Train to Cry
5. I Want You
6. John Wesley Harding
7. Forever Young
8. Simple Twist Of Fate
9. One More Cup of Coffee
10. Precious Angel
11. Dark Eyes
12. Bob Dylan’s 115th Dream

Update: The BEEB have been interviewing some UK record industry people about many of the issues discussed above, this can be found on the bbc.co.uk website and on boing boing.