Yo-ho, yo-ho, a pirate's life for me
Let’s all be reasonable here: the act of file sharing over large networks using our favorite file-sharing programs – Kazaa, Limewire, Morpheus, Grokster, and iMesh (all of which contain spyware, by the way) – is completely and explicitly a violation of copyright laws. I make no bones about my file sharing; I am actively engaging in the violation of federal laws. I don’t buy this nonsense from people who claim that the Recording Industry Association of America (RIAA) is a big, faceless monster, so it’s okay, or that they screw their member artists out of most of their money, so it’s okay. While it is a big, faceless monster and it does screw artists out of most of their money, this does not mean that file sharers have some sort of legal or moral justification for stealing from its member companies (RIAA is a trade organization, and its member companies are major recording labels).
That said, let’s talk about the RIAA. Months ago, the RIAA announced that it was going to begin actively prosecuting file sharers in a mass litigation campaign. A circuit court informed them that their tactic – sending out mass lawsuits from Washington – was illegal. Score one for the file sharers: RIAA could not file a reverse class-action suit, which slowed it down a little. It is now forced to file individual suits and file them in the state in which the offenders live.
Another piece of good news: the RIAA only knows users’ IP addresses, which are publicly and readily available. ISPs are not required to give identifying information about these owners of these IP addresses unless the RIAA obtains a subpoena for this information. It must also prove that infringement is occurring to be able to secure a subpoena; it cannot issue blanket subpoenas in every case.
One of its interesting tactics is that the RIAA is targeting users randomly instead of targeting the biggest sharers. This is how the group managed to file suit against 12-year-old Brianna LaHara, the opposition’s best new hope, for the suit has engendered a barrage of negative PR against the trade group.
Major recording labels have also responded to this negative PR, lowering prices on CDs down to $13. Expect prices to go down further as systems like Apple’s iTunes become more popular (and MP3 players, too. It's much more convenient to carry my 10 GB of music with me instead of 37 jillion CDs).
But the fundamental problem underlying the RIAA issue is that people are distributing copyrighted material without the holders of the copyright being paid for it. While this may seem okay in the case of the RIAA, it sets a bad precedent for the future. It creates the illusion that when people create things, they create them for everyone and that things be free. Sure, it’s a great fantasy, but there are people who make their livelihoods from creating books and films and songs and deserve payment for the use of what is their creation (it’s the same with inventions and patents). But, of course, when faced with getting something for free or paying for it, everyone chooses “for free.”