File sharing is one of the most discussed topics on the internet today. Despite what most people seem to think, the issue is not whether file sharing itself is legal – it is. The issue is whether it is legal to download copyrighted materials using file sharing programs. Technically, it is not, but let us examine the issue a bit more carefully.
Why are organizations like the Motion Picture Association (MPAA) and the Recording Industry Association of America (RIAA) against file sharing? The main reason is that they say that illegal file sharing hurts sales, therefore cutting into the companies’ profits. However, there are several flaws in this thinking.
First, in most cases, there is no evidence that file sharing actually hurts sales. Take the release of Pirates of the Caribbean: Dead Man’s Chest for an example. In the week following its release, Dead Man’s Chest topped the charts as the most widely distributed film in all of the major file sharing channels. Then again, it also topped the charts in the box office, breaking almost every record possible. With a theatrical success such as this, how can it be said that file sharing is ruining profits for the MPAA?
Another thing that media conglomerates do to make file sharing look evil is take things out of context. The Canadian Recording Industry Association (CRIA) claims to have had a decline in CD sales of C$3.7 billion, or 8.6 percent, from 1999 to 2004. However, they also reported that revenue from prices of an average CD in 2004 was C$10.95, down 8.8 percent from C$12.00 per CD in 1999. Looking at these two numbers, it seems logical to assume that CD sales actually went up during the period from 1999 to 2004, so there is no proof that file sharing has had a negative impact on their CD sales.
Another flaw in entertainment companies’ accusation against file sharing programs is that file sharing has in fact helped boost the sales of some albums. Several tracks from Radiohead’s Kid A album were released on Napster 3 months before the CD's release. Millions of people had downloaded them by the time the album was released into stores. The album was not expected to do well even before some of the tracks were leaked. The band had only hit the Top 20 in the US once before. There was very little marketing of the release and few radio stations played it. Napster was expected to destroy whatever chances of success Kid A may have had. However, when the CD was released, Radiohead went straight to the top of the charts. Exposing so many people to the album prior to its release, Napster appears to be the driving force behind its success.
Now, let us look at why some people download media illegally. There are many explanations that downloaders have that do justify their actions. First, some people claim to “try before they buy.” They say that they download an album or movie to see if it is any good before they spend $20 for an hour or two of entertainment. Some people say that they download only the one or two tracks that they like off a CD so that they do not have to pay for the whole thing. However, since the advent of companies such as iTunes and the revamped Napster, that allow the user to purchase single MP3s, this excuse is no longer valid justification. Others download the MP3 versions of CDs that they have bought so that they can listen to the music on an MP3 player without taking the trouble of ripping it themselves. Still more people download things because they do not have the money to buy them. In this case the media industries are not losing any money because they are not losing a sale. Downloading is not like shoplifting, in which an item is taken off the shelf and a physical product that could have been sold is lost.
Many of the claims of the media giants against file sharing are not true. In addition, many people who file share have justifiable reasons for doing so and are not actually costing the industries any money by file sharing.
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I agree. I would also add that I have downloaded music that is hard to find or not in production anymore.
I think it is a bit ridiculous that record companies expect us to feel bad about the moral implications of downloading music. I do understand that it can be hard to make a living in the arts and that a lot of people have to get paid for the making of the album. However, although the cost for physically producing compact disks has gone down greatly, prices for CDs just keep going up. On top of that, there is iTunes and such, which costs zero dollars to produce. Once the musical production is paid for, it is all profit for the companies. Plus they grub up all the money, eventually it trickles down to the artist and then eventually the engineers. Bleck. Hell yeah I'll download music. I could care less about what record execs have to say about the moral high ground. I buy CDs anyway, because I want the actual product.