Are You Going to Pay for That?
By: Ankarino Lara, ZDNet Music
February 6, 2001
"The recording industry is at a turning point in its history," writes Hilary Rosen, president of the Record Industry Association of America (RIAA), in a recent Interactive Week exposé. Indeed, these poignant words ring true in so many ways. Ironically, though, this meaning is most significant for all the music lovers out there who disagree with the actions of the very association that Rosen represents. True, one is hard pressed to deny the importance of the year 2000 on the music industry, because, after all, the whole Napster ordeal has revolutionized the way the world hears music. We are at a turning point for certain, but it doesn't take the RIAA to help us realize that.
Or does it? Perhaps the record industry is at a turning point in history not because of the technology that Napster introduced, but because the RIAA threatens to take it away from us. If that is the case, then Rosen's statement suddenly takes on a deeper, more solemn meaning. Perhaps we are at a turning point, like a bottle of wine might be. At any rate, it's not like we all have a clear conscience about file sharing in the first place. We wrestle with our morals every time a song is downloaded, with or without the RIAA's imposed guilt trip. Are you infringing on someone else's copyrights? Are you breaking the law? Hey, you know what it feels like to get ripped off too, right?
Rosen goes on to say, "Our mission is to promote a better business environment for selling music. We do that through certifying gold and platinum records, market research, technology evaluation, international promotion, trade promotion, government relations, fighting censorship attempts, and antipiracy enforcement."
Now, I'll let you in on a little secret: The RIAA actually exists in a reality that's different from yours and mine. It operates in a space that is devoid of material boundaries, that is blind to the needs of the average listener, and that is insensitive to the delicate balance between cost and convenience. The whole brick-and-mortar foundation that this organization boasts is actually a facade for duping the very customers on which it depends. No, the RIAA is not in tune with the people, and I fear that it will never really understand what we need. It clings to the idea that music listeners have some allegiance to Napster--as if we all somehow know and respect Sean Fanning and as if we'll curse and moan if Napster is shut down. This couldn't be farther from the truth.
However, we should be warned. There is the possibility that Napster will be forced to make a deal with the RIAA. It will roll out a subscription service and start charging your credit card. Will you pay for a music subscription service that promises fast downloads of some of the music you care about? It will be about only $60 a year (supposedly) for a whole pile of music (read: music conspicuously light in the "music that you care about" department).
Let's step outside the box for a moment and examine the real issues at hand. The RIAA has acknowledged that in the last year, CD sales have been on the rise. True, this may not be directly related to Napster use, but we must entertain the possibility that Napster affects the consumer market to some extent. If this is the case, then what harm does file sharing actually pose to the RIAA?
The people who Rosen fears are not the average Napster users. She fears the outlying few that, even before Napster existed, never had any intent of purchasing CDs. I'm talking about that friend you have who's always borrowing CDs or the one coming over to tape the latest single you bought. You know, the one who waits for the BMG music special in the mail: "Twelve CDs for one penny!" they scream, and then they falsify an address change to avoid future payments. These scoundrels are the anomalies to the Napster-using norm, and they should not be stereotyped as the "average user." No, the RIAA sees every Napster user as a criminal and therefore debases our value as potential customers.
If you're allowed to continue using Napster unchecked, will you stop going to the record store to buy CDs? Probably not. We've heard the RIAA's argument time and time again: Everyone is on a T1, everyone owns a CD burner, and everyone doesn't like to leave the house. That's why Napster will undermine the music industry as we know it! And nothing says "We think this technology is cool" and "We can all work together on this" like a barrage of litigation against all the little guys. Way to go, RIAA--way to hammer that point home.
Rosen further states, "It is important to point out, however, that the RIAA does not view litigation as a business strategy, but rather as a tool--a means of establishing some very important intellectual property ground rules as this new Internet economy continues to evolve."
I'm all for protecting important intellectual copyrights, but her true meaning lies underneath the fancy moralist posturing. A better reading would say that litigation is a tool of the RIAA for keeping all other up-and-coming music sites out of business. It's a means for the RIAA to bankrupt its competition (if you can even call them competition) and a way for the big five to stay both "big" and "five."
When Napster is either modified or shut down, the majority of users will not pay for a subscription service no matter how it is wrapped and no matter what the price. When it comes down to it, it really isn't a cost issue at all, but rather a matter of principle. There are other technologies out there that will perpetuate peer-to-peer file sharing well into the future and, more importantly, that will remain free of charge. So what happens when Gnutella2 hits the Internet? Or when FreeNet becomes eminently user friendly? Or when the second (or even third!) waves of peer-to-peer applications make their appearance? That's when the RIAA will realize it is crusading against a company rather than a concept. So you took Napster down? Congratulations. Another 60 people are looking for new jobs. Finally, free file sharing is gone, right? Wrong.
It isn't Napster itself that we love; it's the convenience and community that Napster has created in the digital music Internet space. We love the way we are exposed to new music and the means we have of exploring genres and artists that were previously unknown to us. The bottom line: One way or another, the people will continue to share files. Let's hope that the RIAA realizes this before it drains all its coffers on lawyer fees. Otherwise, we won't have any new music to download. Until next week, keep your ear to the floor and your music folders shared--and listen for the lowdown.