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Timothy Pabustan
Per. 2
AP Language
File Sharing is Not a Crime
So what is the deal with downloading music from the Internet? Everyone is talking about it - at home, at school, in chat rooms, in the media - and millions of music lovers are doing it. However, a lot of people are confused. Some parents are telling their kids not to download; others think it's okay. Some downloaders are being sued by record companies, others are not. Even some of the people who create and sell music aren't sure what to think- or do -about technology and music. Is downloading music legal? Is it okay to swap music files? Are we helping or hurting the music industry or our favorite artist if we download? And is it cool to use our computer to copy a CD for a friend? I myself have downloaded thousand of songs through file sharing, but I stop since the RIAA starts busting and fining people for unjustifiable reasons. I believe there is nothing wrong in sharing files through the internet because it is helping music instead of destroying it, and it gives the fans more choices in how to get their music.
File sharing through the internet exploded when the MP3 format became available to the masses in 1998. MP3 is a technology that makes music files very small. This compression lets us download a song in only minutes, instead of hours (and if we have broadband Internet access, such as cable or DSL, the download time is even quicker.) Because the files are not big, we can store hundreds of songs on our computers without filling up our hard drives. And thanks to new technology, MP3 files can now be played on devices other than our computers, such as a portable MP3 player. Some phone companies are even developing the technology so that we can play songs on our cell phones. Therefore, much to the joy of music fans, it looks like the MP3 format is here to stay.
The record industry is lying to you. At the 46th Grammy Awards, they announced a new initiative that would promote an “ethical viewpoint about music downloading” which is music downloading is a crime. This is happening because the industry is becoming intimidated right now. The power has shifted out of their hands and into the hands of music fans. Without control, you see, they will be unable to tell you what to listen to, when to listen to it, and how much you should pay for it.
In the year 2000, The Recording Industry Association of America (RIAA) sued and successfully shut down file-sharing companies like Napster and Audio Galaxy for allegedly letting music fans download copyrighted music. But after that new P2P (Peer-to-Peer) software like Morpheus, Kazaa, and Grokster superceded the previous ones and won their legal battle in court since the companied just provided software for file sharing and file sharing through the internet is legal. However, in 2003 RIAA sued thousands of file sharers (ranging from a 12 year old girl and a 71-year-old grandfather), who swapped their files through P2P (Peer-to-Peer) networks like Kazaa and Grokster. The mortifying legal fees and civil penalties range from $750 to $150,000 or more per violation. This action taken by the RIAA is a complete violation of privacy as written in the Fourth Amendment of the Constitution (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures). Basically, the RIAA is monitoring the internet activities and collecting data of internet users without their consent.
Fact: there has been no concrete proof offered so far that music downloading has caused financial loss for musicians. Behemoth record companies (like Sony and Arista) are suggesting that music downloads via the Internet is degrading the quality of music artist produces and they are loosing sales and millions of dollars of revenue through music piracy- a completely gobbledygook and misleading statement. Top artist like “50-Cent”, Christina Aguilera, Justine Timberlake, and others still sold over a million albums the past year (even though music downloading was at its peak and the average price of a CD is enormously high) resulting in billion of dollars revenue for music companies. Music downloading is good for the art of making quality music since it would force artists and producers to make a high quality over a high quantity album. The truth is that if the whole album has good tracks, music lovers would buy it instead of downloading it via the internet.
File sharing is not destroying the integrity of music by discouraging new artists from emerging. 85% of the music market is controlled by a small cartel of five major labels which “bribe” radio stations to play hits of their artists and not of independently produced record in order to suppress music that doesn’t flow through their system. Independent labels don’t bribe radio stations; they can’t force musicians into contracts, and they don’t sue independent hip hop producers for sampling their records. The only reason the major labels have managed to stay alive is through anti-competitive bullying and collusion. With the help of the Internet, Peer-to-peer networks and home CD-copiers, the monopoly of the music industry by colossal labels is ending. Music Fans, no longer held captive, have no reason to keep paying into a corrupt system. Meanwhile many independent labels and musicians are thriving: the cost of recording an album is plummeting, and musicians who want to book a tour or sell music directly to their fan base have more options than ever before. This would ultimately create diversity of music selection that fans could listen too and bring an end to the monopoly of music.
The greatest contradiction in music downloading is the giant corporation that monopolizes the music industry and whines about not making “enough” revenue also assists in music downloading becoming more convenient and user friendly. Sony for example is the one of the biggest music company in the world. However, Sony is also one of the leaders in the manufacturing and developing of hardwares that makes music downloading effortless and easy to use. Sony is the biggest producer of MP3 player that plays MP3 files, CD and DVD burners that make it easy to create and copy CD, and computers that makes the whole file sharing possible. If these companies were the one making the tool to make music downloading possible, why are they the one suing people for using their product?
Internet downloading should continue. If it is theft, then it’s theft in the tradition of Robin Hood, and the results is the natural exchange of ideas between people that make music what it is. The record companies only care about power - they have it and don’t want to lose it. If power is decentralized, and you and I are the ones who control what we hear, and more importantly the medium and means by which we hear it, than the cream really will rise to the top, the artists that get recognition are the ones that will deserve it, not the ones we are told we should recognize. Downloading is not a crime; its fighting oppression, and insuring that the future will be a place where the unhindered exchange of information will lead to inspiration and vibrant, powerful music for us all.
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