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Internet Piracy: No, Virginia, There Really Is No "Competing" Against Yourself for "Free"

CNET and others report about a charming new steal-don't-buy browser extension that reminds Amazon.com shoppers that much of Amazon's legal content can be downloaded illegally "4 Free" from The Pirate Bay. If correct, such reports expose the truly self-destructive venality of Internet piracy. They also expose the vacuity of an argument favored by defenders of piracy--the claim that content creators (and law-abiding distributors) can or should "compete against free." Usually, persons spouting this claim cite the case of "bottled water" as a real-life example. For two reasons, this example refutes their vapid claim.

First, this claim understates the achievement of commercial creators of bottled water and content. They compete not only against "free"--but against competitors whose goods seem free because their production costs and risks are subsidized by non-market sources like taxation. Creators of works like movies, music, and books, like creators of bottled water, have long competed successfully against "free" tax-subsidized alternatives (like tap water). In other words, private companies produced bottled water because they concluded that if they incurred the costs and took the risks needed to create high-quality water, taxpayers who have already paid for the "free" water produced by the County Water Board would pay again to purchase higher quality water from a private source.

Second, commercial producers of content and bottled water who incur the costs and risks that let them create products that consumers favor can compete against lower-quality "free" products--but they cannot compete against a "free" version of their own product. To suggest otherwise is absurd. By incurring costs and risks, a commercial producer of bottled water can compete against the County Water Board on the basis of quality--but not if the we let County Water Board unilaterally decide to "redistribute the wealth" by stealing the private company's best-quality water and pumping it "for free" through the water mains.

Tracker sites like The Pirate Bay and infringing users of programs like uTorrent are engaged in conduct just as selfish, destructive, wrong, and unsustainable as that of this hypothetical County Water Board. No amount of rationalization can dispel that simple, brutal fact.

Finally, I find the blog Torrentfreak's response to this new steal-don't-buy extension very telling. Ordinarily, Torrentfreak celebrates almost all piracy. But not this time. Instead, Torrentfreak's reaction could be paraphrased as, "oh no, if piracy is too quick to harm legitimate distributors and intermediaries--instead of just artists and their funders--then someone might actually do something about it!"

Sadly, there is probably some truth in that. Fortunately, I suspect that most legitimate distributors and intermediaries are already farther down the learning curve than the Internet nihilists suspect.

posted by Thomas Sydnor @ 12:30 PM | Access: Commons, Fair Use, Orphan Works, Public Domain, Economics, Game Theory & Public Choice, Enforcement & Remedies, Free Culture Movement, Internet: P2P, Search Engines...

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Comments

Your argument is based on the dubious claim that bottled water is "higher quality". There's a logical fallacy if there ever was one.

Posted by: Simon at December 5, 2008 10:29 PM

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Posted by: Kazelmab at December 15, 2008 3:15 PM

Actually the logical fallacy is the assumption that either water source is of a higher quality without adequate testing of both to establish such a claim in the first place. Kazelmab is obviously an idiot.
This sounds like yet another pirate trying to vainly justify their illegal behavior with a clearly specious and unsubstantiated counter-claim.

Posted by: vinylphreek at December 15, 2008 6:30 PM

First off Simon, The poster of this Thomas Sydnor is not the one making the original claim that bottled water is higher quality. Its the people promoting piracy making that claim, and he is displaying here why THEIR claim is wrong for the purposes they support it with.

And if you want to get that technical then the fact is that the piracy supporters claim that it is similar to bottled water is totally bogus. Because with water, the "free" stuff pumped to your house came first. Either you have a well and pay to keep it up to service yourself or pay the relatively small fee for county or city water. Granted most city water tastes like crap. SO then bottled water came about but the FDA only requires bottled water to be...wait for it...of the same standards at tap water. They could literally fill up the bottles from a tap and redistribute and make 4000% percent profit.
And no one comes to realize that hell, we are paying more for a 20 oz bottle of water than we are for a whole gallon of gas right now. AS of today gallon of gas was 1.42, inside the bottle of water was 1.69. Its not always the quality people pay for its the convenience of getting it at the store already cold and having the bottle for on the go and is easily disposed of when finished.

As for music, it has worked opposite. For a long time it has been paid for to get it. The only way to get it free is radio, which you can't choose what you want. Radio is paying the songwriters and creators of music, but for the general public they get a "free" sense of the music played on there without realizing the rules of radio. So when they want to hear a particular song and can get such easy access to it online then they choose the convenience of downloading illegally, which is often a simpler process than paying for the download. One answer obviously would be to make the legal process more streamlined and convenient. And to obviously keep the quality up to make sure consumers know what they are paying for.

Posted by: Barrett at December 15, 2008 6:30 PM

I can't help but think that a lot of the bad feelings around this issue come from how much money people USED to make selling tapes, CDS, and records. Clearly, that ship has sailed.

While you argue about whether this is right or wrong, 100s of musicians and music lovers are making new music every day and trading it/posting it/giving it away for free online. More than anything this is the backlash against all the years in which the consumption, distribution, and variety of music was controlled by a handful of large corporations. Like it or not, it's in everybody's hands now.

Posted by: DJ Max Power at December 15, 2008 7:29 PM

Intellectual property is not like salt or water or sugar or steel or gold other chemically identical commodities. It has the protections it does because of the inherent value of art created by trained, hard working talented people. Art and other creative idea industries need all the protections that the physical counterparts(Furniture, electronic hardware, clothes, /etc.) deserve from theft. Just because you can steel music more easily does not make it any more justifiable than a physical theft. Middle class musicians the world over like my-self are screwed daily by the philosophy that lies behind thinking internet theft is OK. It has the agenda of wanting things for free and that it is OK to screw the big record companies. Well ,internet theft has raped the Artists we all love way more than all the record companies in the history of music could have in their greediest dreams. And this bullshit has to stop. My two degrees in music and my 20 years of experience deserve the compensation that the law allows me for my creative property. And no free wheeling dumb dumb's who know not the blood, sweat, and tears it takes to learn the skills to create and perform great music will take it from me! The lies that justify the looting of my hard work will be faught! And all who create music should join me with one voice to win this war against the selfish people who take our hard work for granted. "well your honor, I was not going to buy the car anyway so I did not really steal it!" ENOUGH!

Posted by: Clark at December 15, 2008 11:20 PM

yea just because its in everyones hands doesnt mean its free. The net has streamlined millions of different products and made everyone available to them, not just to buy but to sell. Anyone can sell anything on ebay or other such market sites, or it is REALLY easy to order your own products, one can design their own t-shirts have them printed and pressed up and delivered all from home and sell them on the net. you could do the same with posters, books, anything you can imagine. but you're not going to give those out for free, you want some compensation. so yea, some bands decide to post free tracks to myspace, etc, or give away a free download if you supply an email address. thats the band, and more so the songwriters choice, to promote a live performance or the like which at that stage they feel they are earning more money on. But the whole point of copyright law is to promote the arts. to create really good music requires a good amount of time put into it and if the artists seeking compensation cant get it for the time they put into it then they will ultimately stop creating music.

Posted by: Barrett at December 16, 2008 2:10 AM

The post, all things considered, is fairly spot on. I can understand the average person/non-musician's natural inclination to download illegally rather than purchase, whether the individual downloading is thinking 'it's free publicity/ i would want my music to be heard if someone didn't have the money/ it's only one song, two songs here and there, therefore it really isn't affecting anybody'...

As Barrett stated, there is a reason we have established copyright laws.

Much of what we are dealing with in these instances, in my opinion, is a false sense of entitlement partnered with the frustratingly high price of a major label retail cd price.

Although i do not approve of those soaring prices, downloading illegally is more likely to affect indies, not major label cash cows. It is also not our place to decide to make business decisions concerning these artists and how they choose to limit or not limit the accessibility of their art.

In addition, the new music business model driven by the hungry 'have-no-wars' of our generation is creating enough competition that majors are having to totally re-strategize anyway.

If the artist chooses, whether music, a t-shirt, a painting, whatever, to give away their art it is one thing. But to justify a more self-centered, self-serving act of 'i am, therefore i should receive' seems totally dilusional to me. To see art that, because it is basically capable of being perfectly reproduced infinitely in a digital medium, as justifiably free, is absurd. It is still one piece of art and has the potential, upon purchase, of being reproduced for personal ownership.

Finally, no, I don't think any serious artists will ever 'stop creating music' if people continue to steal. No artist who loves doing what they do will stop creating. I would only encourage a movement of integrity within our naive society that will act as more of a catalyst for creating those 'freebies.' Trust me, when an artist can feed him/herself they are much more likely to be generous with their music.

sorry for rambling.

Posted by: port at December 16, 2008 2:14 PM

I think the main thing is that if your an independent artist and you want to give away your music that is your choice. upload it to myspace have users download it for free, etc. BUT if you are a major artitst where the songwriters for your music are actually making their living off of those songs, then you have the right to not have your music be downloadable for free and the p2p services like limewire, and other companys that have programs or sites that let users download songs for free those programs need to be stopped.

Posted by: Barrett at December 17, 2008 4:24 PM








 
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