Wednesday, 27 June 2012

Internet piracy isn’t subversive. It is as much a part of the 'I want' culture as Jimmy Carr’s accounting

At some point during the last 10 years or so, the idea that everything that can be taken for free should be taken for free has become widely accepted. The most intriguing thing about the 2009 parliamentary expenses scandal was not the relaxed set of regulations governing the expenses process, but rather the widespread assumption by MPs that if it was possible to put in a claim for something it would be fit and proper to do so – the morality of the claim itself being a moot point.

Further down the food chain, a visible feature of last August’s rioting was the proportion of trouble that appeared to be motivated by little more than an unquenchable thirst for consumer goods; free consumer goods. There can be little doubt that deprivation and broken homes played a part, perhaps even providing the much talked about “spark” that “ignited” the trouble. But disenfranchised youth looting sports gear has more in common with the mantra that “greed is good” than with any coherent “rebellion”.

A belief in deferred gratification – that is, the idea that if you want something you must bide your time and patiently save the money for it – sounds to today’s debt-ridden society like a well-conducted tour of Atlantis. You will even hear corporate press officers explaining the popularity of technological devices such as the Kindle (a tool for reading books, no less) in terms of the instantaneous gratification they provide. People don’t want to wait several days for their book to drop through the letterbox, so the corporate message goes. They want it now: this instant. (One wonders if these “consumers”, so concerned with speed, start reading from the back of the book, all the better to immediately discern what the plot is.)

Not only do we expect to get our hands on the things we desire right away, but we increasingly turn our noses up at the prospect of giving anything back in return. Nowhere is this more apparent than the music industry, where record sales in the UK declined for the seventh successive year in 2011, due in large part to internet file sharing. In 2010 global music sales fell by almost £930m, with “physical” sales of CDs dropping in the UK by almost a fifth.

recent article that appeared on the American NPR music blog summed up the attitude of many young people to free downloading. The author, a young lady called Emily White, said she had an iTunes library in excess of 11,000 songs of which she had “never invested money”. “I honestly don’t think my peers and I will ever pay for albums,” Ms White went on to admit. “All I require is the ability to listen to what I want, when I want and how I want it. Is that too much to ask?”. Responding to Ms White’s article, David Lowery of Artists for an Ethical Internet described her attitude as “unexceptional”, and based on a common disconnect between “personal behaviour and a greater social injustice that is occurring”. “You are not just ripping off the record labels, but you are directly ripping off the artist and songwriters whose music you ‘don’t buy’,” Mr Lowery said.

And it is not only the music industry that is suffering because of the increasing unwillingness of individuals to pay for content. According to a study by US Professors Michael Smith and Rahul Telang of the Carnegie Mellon University, the film industry too is being badly hit, with around 40 per cent of the revenue for a typical film being lost to piracy. The traditional copyright model meant that in the past an artist maintained control of his or her work because it was recognised as the property of the individual that created it for a set period of time. This gave the artist the right to sell the fruits of their labours and make a living from it, which in turn allowed artists and writers to operate professionally without the film and music industries being the preserve of a wealthy elite.

Today all that is changing. Because it is now technologically possible for corporations and individuals to exploit the property rights of artists and writers the piracy lobby insists it must therefore be ethical. In other words, technology has begun to dictate what is morally acceptable rather than morality dictating how technology is used. The debate has also misleadingly been framed in terms of censorship rather than elementary workers’ rights. A recent statement to the press made by the Pirate Bay after the UK’s internet service providers were ordered by the High Court to block the Swedish site as cretinous as it was disingenuous.

“The Western countries of the world all complaints [sic] about the censorship in Iran, China, Saudi Arabia and so on. But they are really the worst culprits themselves, having double morals in doing an even worse thing themselves.”

You could be forgiven for confusing this with a child throwing their food off the plate because Mummy won’t give them the big plastic spoon. Ensuring that people are paid sufficiently for their work (an admirable and progressive goal one would think) has very little to do with censorship and is in no way comparable to the repression of governments that have been known to “disappear” their critics. One almost expects those who run the Pirate Bay to come out and say they are being “oppressed” because they’ve run out of chocolate Hobnobs.

Strangely, the cause of unfettered internet piracy is most often pushed by people on the political Left – a movement that has traditionally believed in the furtherance of workers’ rights as a first principle. Are brow-beaten musicians, film directors and writers not as deserving of a decent day’s pay as workers in other industries? Or are they exempt from such concerns because they make their living doing something they enjoy?

Internet piracy isn’t subversive. It is as much a part of the “I want” culture as Jimmy Carr’s clever accounting. As Mr Lowery puts it: “I have witnessed the impoverishment of many critically acclaimed but marginally commercial artists. There is no other explanation except for the fact that ‘fans’ made the unethical choice to take their music without compens ating these artists.”

11 comments:

  1. Jennifer Hynes28 June 2012 16:48

    Good points well made James. I do think many who see their entitlement to anything for nothing, particularly where music and film/TV is concerned, do so due to a (perhaps) misplaced belief that the artists, companies and stars are paid exorbitantly for their efforts anyway. I constantly hear this from others when challenged about illegal downloading, and it is illegal, a crime after all. But worse, as you have pointed out, it takes the money out of artists pockets, which is why they do it in the first place, it's their job. Or vocation if you like.

    Thought-provoking piece.

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  2. Thanks, Jennifer. It's also amazing how many people there are that are willing to spend money on things like beer and cigarettes but who start moralising about "evil corporations" when it comes to paying 50 pence for a song.

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    1. Colin Callan9 July 2012 08:29

      It is a big problem when you know that of that 50p you pay, the artists get a mere 5p share! Record companies/corporations or whatever you want to call them are who the people begrudge paying money to NOT the artists themselves!

      The music business has been 'rinsing' the artists for over 70 years now! And now the record companies etc are complaining?

      Pay the artists all their money and all the money not paid over the years! Thieving swines!

      Get real please.

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  3. Thanks for this article, I have followed through a number of links via NPR, and it is indeed thought provoking. However, there seem to be a couple of main points of general consensus. First it is is illegal so don't do it. Well, there are a number of illegal things many people do which are not especially wicked: speeding on empty motorways in the wee small hours, and smoking 'green tobacco' springing to mind immediately.

    Stealing may be illegal and wrong, but it is not to me a simple issue. Stealing five pounds from a poor pensioner strikes me as evil. Copying music/downloading for free or stealing money from the music industry per se, strikes me as less wrong than speeding on the empty motorway: given the industry's sheer greed - look at the value of contracts with mega stars, as evidence.

    However, the second general consensus is that it rips off struggling artists and prevents them earning(to borrow your words) a 'decent' living. Closer to taking the fiver from the pensioner's purse,if you will pardon me stretching my analogy.

    This seems a stronger argument until you consider the opportunities that come from playing live in pubs, clubs etc. Hard work but then if that is what you want to do, fine. Further (since this piece is about the modern age) selling songs directly from web sites, is another way to raise money directly from fans without involving the sort of corporations who charged us 8.99 GPB for a CD in the days when the inter company transfer price was 1.99. I.E. this is what one company in a group belonging to a certain electronics giant paid the other company if they for example, wanted to give CD's away with CD players.

    The film industry may be a slightly different argument given the expense of production. That said several cult hits were produced on a shoe string outside of the main stream (Dark star being a personal favourite).

    All in all a complex issue and one which deserves proper debate without corporate interests muddying the waters.

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  4. Copyright is a social covenant, an economic invention to incentivise artistic production through the award of a limited monopoly on an artists works, not a natural right of the artist and certainly not an absolute one.

    I'm curious, why are you choosing to frame this argument in terms of the rights of the artist? If the existing incentive structure does indeed collapse as a result of file-sharing (questionable) and no new incentive structure rises to take its place (extremely unlikely) then it is the society of readers, viewers and listeners who have been wronged, as the actions of the (alleged) wrongdoers have spoiler it for the law abiding consumers.

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  5. File-sharing shouldn't be banned because it (supposedly) negatively impacts the livelihoods of workers in the entertainment industry any more than power-looms should have been because they caused redundancies and reduced wages of those in the textile industries, or the automated assembly line for the same reason, or the introduction of computers into work places, etc. The only debate that needs to be had is whether most of us benefit from this in the long run.

    You would imagine from the hue and cry raised by big media that it is impossible to monetise work without enforcible prohibitions on file-sharing, as though there wasn't already a flourishing free software industry. Many musicians and writers who have experimented with distribution of works licensed under creative commons have experienced commercial success. Socialists shouldn't support authoritarian laws to protect dying business models but should instead support artists and participate enthusiastically in the development of emerging and future models by which they can earn a living from the fruits of their labour.

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  6. "File-sharing shouldn't be banned because it (supposedly) negatively impacts the livelihoods of workers in the entertainment industry any more than power-looms should have been because they caused redundancies and reduced wages of those in the textile industries, or the automated assembly line for the same reason, or the introduction of computers into work places, etc."

    File sharing has more in common with theft than it does with workplace technology. Technological advances can be used for positive things - reduced labor at work etc - but also for bad things, in this case making it easier to steal the works of others. If new technology allowed car-jackers to steal cars more effectively wishing to put a stop to it would not be anti-technology.

    "The only debate that needs to be had is whether most of us benefit from this in the long run."

    Sorry, but I don't think it is. Lots of unethical actions might benefit the majority in the long-run, but that does not make them ethical.

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  7. "Copyright is a social covenant, an economic invention to incentivise artistic production through the award of a limited monopoly on an artists works, not a natural right of the artist and certainly not an absolute one."

    All rights are essentially social covenants - what is a "natural right" and who decides what constitutes one?

    The point is that if someone produces something they have the right to decide how the thing they have produced is used for a limited period of time. The opposite of that is contrary to the freedom of the individual. The fact that it is dressed up in the language of the greater good does not change what it is.

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  8. "Sorry, but I don't think it is. Lots of unethical actions might benefit the majority in the long-run, but that does not make them ethical."

    Then what makes these actions unethical? Copyright more so than almost any other right is a social one, bestowed on artists by society at large for the benefit of society at large. It's the prerogative of that society to adopt laws for the collective benefit, one of those laws which has evolved over the past few centuries is copyright. Society decided for its own benefit to bestow certain rights on writers to partially control the distribution of their own works, and society continues to review and change the terms of that copyright in the light of economic and technological progress. Why would allowing file-sharing as part of the package of laws to incentivise artistic work be unethical, while other conditions and limitations are not?

    “All rights are essentially social covenants - what is a "natural right" and who decides what constitutes one?”

    I don't believe in natural rights, I was just getting that out of the way as many people tend to talk about copyright as though they were endowed with it by their creator (subject to the conditions of the latest Act of Congress or European Parliament, of course).

    So I'm glad there will be no conflict between us on that point, but then this confuses me:

    “The point is that if someone produces something they have the right to decide how the thing they have produced is used for a limited period of time.”

    Having discarded the notion of natural rights and agreed that all rights are a matter of social covenant, what use is it to claim that somebody has this or that right in the context of a debate about what rights should be bestowed by this social covenant? We can't conclude that society should grant the right to control the use of their work because they have the right to control the use of their work. That would be either an is/ought fallacy, or an appeal to a right which exists outside of the social covenant, surely?

    “The opposite of that is contrary to the freedom of the individual. The fact that it is dressed up in the language of the greater good does not change what it is.”

    Back to innate rights again?

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  9. It's not about "innate rights", it's about certain rights which sit hand in hand with a free society - i.e. the sort of society we would want to live in. I'm coming from that starting point - that it is desirable to grand people a degree of ownership rights of the things they produce. There are of course certain cases where I would say the wellbeing of the majority would over-ride the ability to "own" a piece of knowledge - if somebody discovered a cure for cancer, for example. But I would firmly come down on the side of those creating the music (or any form of art) in deciding fair compensation for their product. In a just society I believe a person producing music has a much greater "right" over their work than a member of the public has to take it as they please.

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    1. No one sensible believes the hypothetical member of the public has a right (in Hohfeld's sense of a claim) to harmlessly reproduce someone else's stuff as they please. It's just that they don't have a duty not to -- the producer has no claim on them to not harmlessly reproduce their ideas.

      This continual attempt by IP activists to rephrase the debate in leading and imprecise language seems pernicious to me. No one thinks that we ought to be able to prise open individuals' brains, without their consent (were it possible) and copy their ideas.

      But no one has a right to control how ideas spread, flow, are used, when they enter the public realm. Can I restrict the use of a word or a phrase, even if they are highly original, funny, useful or whatever, when I popularise it? Can I sing along to an artists work without their consent? Can I remember a passage of a book? It seems ridiculous to argue that I can but I can't see the qualitative difference between that and rights over the disembodied ideas underlying music or literature (i.e rather than the physical products they are instantiated in such as books and CDs).

      The point is that the right to control your own ideas in your own head, in your own books, in your own objects is real, and reasonably well protected in most relatively pleasant societies today. No-one can force me to reveal the songs I recorded as a child in a villa in France, that are recorded on a tape in my house. But to give me rights over what other people can do with their computers, or their brains, or their musical instruments, or their stereos -- which is what IP activists are suggesting -- is horribly unethical.

      To finish up, I would mention that I also support the right for everyone to have a decent living. There are far better ways of doing it than idea policing.

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