PAYING ATTENTION!

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Is File Sharing
Actually Stealing?

Some thoughts on Napster and File Sharing!

The current attack on individual rights and liberties on the Internet is masked within the one sided barrage of information on file sharing. The argument presented by the music industry (and the news media who own it), is that people who download music on line (for free) are "stealing" music. After all they say, if you can download an entire Music CD of (let's say) Shakira, why would you go to the music store and pay for Shakira's new CD?

Because the music industry is so powerful this prevailing school of thought has resonated within the general population. In fact, Republican Senator Orin Hatch stated recently that he would like to infect computers that "illegally" download music on line.

The assumption (or propaganda) is that free music and file sharing is, in and of itself, theft of copyright material. But is it? The same argument was made when people began using cassettes to record songs off the radio in the early 70's. An issue that is still a sore spot for music industry executives even though it did not lead to the collapse of music sales as predicted.

In defense of Napster and file sharing, let me take a minute to inject some much-needed common sense and sanity to this issue. As someone who downloads music on a daily basis I think the rhetoric in the anti Napster campaign is designed to mislead rather than inform. Here's why;

For the most part, I am "guilty" of downloading music to listen to on my laptop or home PC. Honestly, I can tell you that 90% of the music that I download is music I have already purchased in some other form. When I bought Shakira's new CD, she and her music label received payment for my right to listen to her songs whenever I want.

But, it is not always time effective for me to copy Shakira's entire CD on to my computer for later enjoyment at work or on the road. And because I have an extensive record, tape and CD collection going back to 1970, I couldn't possibly take them all with me everywhere I go.

I can, however, bring my laptop to work or on the road when I travel, so transferring all of that music to my laptop or PC would take forever without file sharing.

So when I get ready for a trip, or line up my music schedule for the week ahead, I sign on to Winmix.com and download the song or songs I want to take with me to enjoy on my computer.

Now, if I were to be investigated by Orrin Hatch or the music industry they would find that Tom Duggan (or at least Tom Duggan's Computer) has "illegally" downloaded thousands of music files. The music industry would consider me a criminal because they assume, or at least they say that all who download music without paying for it are robbing artists of their compensation for their music.

Well, first of all it is no secret that artists like Shakira make pennies on the dollar and music executives are raking in all the cash on the talent they exploit. All the hand wringing about stealing from artists is laughable considering the source is the music industry itself.

Secondly, no consideration is given to the fact that I have already purchased Shakira's CD (not to mention her Live concert DVD and Previous releases) and ought to be able to download a particular song instead of loading up a duffel bag with CD's and tapes to lug through airports. Or worse, take weeks and weeks to load my music collection onto my computer.

The real issue with file sharing is much more sinister and threatening than the stated Music Industry reasons of stopping you from "stealing" music and protecting copyright materials. The fact is, under our copyright laws you have what is called the right of first purchase. This means that if you buy a book, movie or CD you can resell it, lend it to someone or even copy it and hand it to a friend.

But all that is changing. The music and movie industry in Hollywood is feverishly trying to subvert the right of first purchase so that, in the near future you will not own that CD you purchased. The music executives will. You will not have the right to lend it to a friend or copy it to a cassette and bring it to the beach.

Hollywood executives believe, according to briefs filed in the Napster case, that the right of first purchase must be done away with or the music and movie industry will surely collapse. Looking ahead to the way we will be consuming music and movies, Hollywood has foreseen a day in the near future when you are charged a fee every time you listen to a song. Every time! The day is coming when you will no longer own the music you buy you will only be leasing the right to hear it…once.

And the technology is available for mass production but it cannot work as long as file sharing is as widely used as it is today.

Music Executives and Senators can talk about music "stealing" on the INTERNET all they want but their half hearted reasons for stopping INTERNET file sharing fails the common sense test. IT is not about stealing at all, it's about their ability to limit what we hear and how we hear it.

Studies by the music industry itself show that the most downloaded music on line also happens to be the most purchased music at the record stores the following week. In other words, giving people the chance to hear music on line increases record sales. And this fact comes from the music industry itself!

So do not be fooled when it comes to file sharing. Orin Hatch may not be paying attention but you should be!

There is no evidence that the Music industry is being stolen from by on line file sharing. The fact is, people download music because of it's convenience and usually go out to buy the CD if they like the music they download. What the music industry wants to do is rewrite copyright laws so that (in the very near future) you will never own the music you buy and recurring fees can be charged every time you hear that awesome Shakira song!

George Orwell was right you know, he was just a few years off!