By Jon Newton 11/25/04
" Regardless of what people found in the early days of lawsuits,' says Eric Garland, head of research firm BigChampagne LLC, which tracks Internet activity, 'the consensus now is that file sharing is hitting all-time highs."
That's Garland quoted in Canada's MacLeans.ca and he's referring to the fact that claims from the Big Four music cartel notwithstanding, law suits aren't doing much to stop people from around the world sharing files, including music and movies.
Garland should know. Its his business to track whats happening on the p2p networks and his statement is backed by academic studies both in the US and Canada which show p2p file sharing is here to stay, no matter how much the entertainment industry may exaggerate the success of its sue em all lawsuits.
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The subject under discussion in MacLeans is TV shows and how, "the scary numbers indicating that the next big craze in illegal file-sharing is not music, not movies, but television".
Of course, theres nothing particularly new about the fact that tv shows are on the p2p networks: theyve been there almost since Day One. What's more likely is: a segment of the entertainment industry is hauling out another excuse to justify its vain efforts to sue people into using product.
News Corp.'s Peter Chernin cuts a confident figure at the podium, but he's worried, the MacLeans piece says, going on:
All the other rules are meaningless
Speaking about the challenges facing media companies at a consumer forum two months ago, the COO of the Fox empire outlined his 10 rules for survival. Rule No. 1: consumers will always want to control how, where and when they get their entertainment, demanding maximum ease and convenience. But it's the last rule that's the clear crux of Chernin's message: All the other rules are meaningless," he says, his voice growing more forceful, "if content is not protected from digital thievery."
Finally. At least one spokesman for a major component of the entertainment industry gets it:
Rule No. 1: consumers will always want to control how, where and when they get their entertainment, demanding maximum ease and convenience.
All the other rules are meaningless."
Whats really frightening Chernin and his ilk is: hes 100% correct and thanks to the Net and p2p networks and applications, for the first time in history, consumers can control how, where and when. Because theyre no longer consumers mindless cells in a thing whose sole purpose in the eyes of the entertainment industry is to consume without question or thought whatevers dished out.
File sharers are no longer 'consumers'. Theyve become customers again people who know what they want and how to get it.
The entertainment industry in the US, in the shape of the MPAA and RIAA, is doing its damndest to sue consumers back into buying product instead of exercising choice and in this, they have the whole-hearted, enthusiastic support of the mainstream media who faithfully repeat just about everything the members of the Big Four music cartel and seven major studios churn out as if it comes from credible sources.
Not that they have much choice in many instances: they're owned directly or indirectly by the entertainment industry they're reporting on.
And now the Canadian media are following suit.
Customers are consumers again irresponsible beings who have to be shown what to do by the kindly members of the entertainment industry whose sole purpose is to serve, only to serve.
But in Canada, p2p file distribution isnt illegal. In fact, as author and digital-copyright.ca webmaster Russell McOrmond points out, increasing numbers of musicians are specifically authorizing the distribution of their works over the p2p networks.
One such, he told p2pnet, is Torontos Fading Ways, one of the first labels with worldwide distribution to announce it would use Creative Commons licensing for its CDs.
This means the labels are no longer in total control, and its called competition, a word loathed and feared by the record label cartel, none of whom are based in Canada.
And thats why theyve launched a major recovery effort in Canada with a dog-and-pony show featuring Canadian music stars they have under contract.
The idea is to use their weight and bottomless pockets to bamboozle Canadians, the Canadian media and Canadian lawmakers in the same way theyve been able to scam Americans into thinking theyre being ruined by file sharing when in reality, theyre raking in enormous fortunes every day.
As McOrmond says, Many media outlets just republish misinformation from the recording industry without doing any research.
The most obvious example was the laughable suggestion that the copyright act hasn't been updated since 1908 when the smallest amount of research would have confirmed it was updated earlier this year. And with a little more research, theyd have discovered that in 1997, there were massive changes made at the request of the recording industry, changes it now claims are hurting them."
More or less verbatim
Canada is in an interesting situation.
Compared to America, it has a small population and no true national media pool thats to say, a large number of major media organs with widely varying perspectives and political persuasions in competition with each other to supply the news.
So if the entertainment industry can succeed in getting its message more or less verbatim into the Globe & Mail, the various Sun publications, The Toronto Star, Canadian Press, national magazines such as Macleans and the handful of similar national publications, as it seems to be doing, its way ahead of the game - even more so than in the US.
Like all politicians, Canadas representatives of the people will head where theres the most noise. And Big Music is making a lot of noise, and all from Big Musics standpoint.
Musicians demand Ottawa protect them from music piracy, say 14 different Google News headlines from publications across Canada, all parroting the same Canadian Press story.
Musicians call for an update on copyright law, say two more stories, with Musicians want protection from piracy as one more headline.
And thats it.
The coin only has one side.
In fact, the musicians havent really demanded anything. The cartel-owned CRIA (Canadian Recording Industry Association of America) is behind the massive PR exercise, having provided the musicians with its own self-serving and completely one-sided statistics with which to con the media and, through them, bring Canadian politicians into line - Big Music's line.
The men, women and children who share files online and who've been turned into virtual criminals by the Big Music cartel (none with a Canadian base) and major studios aren't the Bad Guys.
The real villains are the organized international gangs who are making fortunes through fake and counterfeit product, laughing all the way as they run rings around the entertaimenrt industry and its enforcement organizations such as the CRIA, RIAA, MPAA, etc.
Theres a remedy. The counterfeit criminals would be largely out of business without the physical product the labels, studios and software makers churn out in their billions so they can be duped and copied.
The industry could use digital technologies and p2p networks to store, promote and sell their already digitized outpourings. That would cut back on overhead, slash physical production, and packaging and other costs, not to mention the vast amounts of money being spent on 'enforcement' and other efforts such as the Parliament Hill promo fiasco.
In other words, p2p file sharers could become customers again and p2p file sharing could work for, instead of against, the industry and its contracted artists.
Musicians demand Ottawa protect them from music piracy?
That should read, Canadians demand Ottawa protect them from Big Music.
Jon Newton is the editor of p2pnet.net and is a regular contributer to MP3 Newswire. Jon's site is devoted to the politics of digital music and his insights as well as those of his co-writers can be read there. We urge you to explore it.
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