There’s an editorial in today’s NY Times on the subject of whether people who use P2P software like Grokster (who is arguing their case in front of the Supreme Court this week) are breaking copyright, and by so doing, breaking the law. The short version is, well, yes, they are. When you download music from people other than authorized distributors, you are in fact, both breaking the law as it’s written, and you’re taking money out of the pockets of artists who create such products. Being a writer myself, I know how much that hurts. I mean, if I put a manuscript or an article on the web and send a link to it, that’s one thing. I’ve made a choice to share my stuff with the world for nothing. If my publisher does the same thing (and which has been done in the past), that’s their choice according to the contract we have. But if you find a copy of one of my old books and scan it and then send those images around, then Dude, I could have used those royalties. The only time I can see getting around this is material that is no longer in print or otherwise available to the market.
I know, I’m being a bit of a hypocrite here, because I’ve used these programs to grab mp3s of songs I just can’t find in stores or online, and I’m convinced that a lot of people who are reading this (or not) are doing the same thing. I think it’s rare that anyone actually uses this method to acquire music or videos or TV shows on an exclusive basis, however. Most people I’ve spoken to will still plunk down $15 to get a CD from their favorite band or a $20 for that DVD that they absolutely must have. I spent serious money on the Lord of the Rings boxed sets that I probably could have acquired with a broadband connection, a huge hard drive and a few weeks of patient sifting through networks. It was a choice.
I guess my point is that it probably doesn’t hurt too much to download a few songs to see if you like a band . . . but if you do, show them you like them and buy the CD. Independent bands and film makers that avoid the megacorporations and established distribution networks need the money even more. The least you can do is to throw them a few bucks.
EDITORIAL
When David Steals Goliath’s Music
Published: March 28, 2005
The battle over online music piracy is usually presented as David versus Goliath: the poor student in his dorm hunted down by a music conglomerate. It is easy, in that matchup, to side with the student. But when the Supreme Court takes up the issue this week, we hope it considers another party to the dispute: individual creators of music, movies and books, who need to keep getting paid if they are going to keep creating. If their work is suddenly made “free” all of society is likely to suffer.
The court hears arguments tomorrow in a suit by music and movie companies against Grokster, which makes “peer to peer” software that allows Internet users to exchange songs and other computer files. At least 90 percent of the material “shared” on Grokster, and perhaps more, is copyrighted. Grokster gives away the software, but it sells advertising aimed at the millions of people who use it.
Many big entertainment companies are backing the suit, along with marquee-name musicians like the Eagles and the Dixie Chicks. But so are some creative professionals – represented by groups like the Authors Guild and the Professional Photographers of America – for whom even a few thousand dollars in royalties makes a big difference.
The technology community has rallied to Grokster’s defense. Its most radical members argue that “information wants to be free” online and disparage the whole idea of intellectual property. A more modest argument, and one Grokster relies on in court, is that if it loses, there will be a chilling effect on technological innovation.
The legal case against Grokster is far from a slam-dunk, and we have been wary of it in the past. The court ruled, in a landmark 1984 case, that Betamax video recorders were legal even though they were used to copy copyrighted material, because they had significant legal uses. It is true that there are legal uses for Grokster – not every file exchanged is copyrighted. But it is notable how much illegal use predominates, and how much its business model relies on theft.
The founders wrote copyright protections into the Constitution because they believed that they were necessary for progress. Movies, music and books require investments of money and time. If their creators cannot make money from them, many will be unwilling or unable to keep producing. Or they may have to finance their work in troubling ways, like by building in product placements or taking money from donors with agendas.
Grokster’s supporters are justified in worrying that if the courts are too quick to rein in new technology, innovation can be stifled. They are also right to point out that copyright has sometimes been given too much protection, notably in the Copyright Term Extension Act, which gratuitously added 20 years to existing copyrights. But these concerns do not erase the continuing importance of intellectual property, which is unquestionably under assault.
Both the court and Congress should be sensitive to evolving technologies. But they should not let technology evolve in a way that deprives people who create of the ability to be paid for their work
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