September 12, 2003
Downloaders vs. Uploaders

The NYTimes has an editorial today on Suing Music Downloaders.

Many other media stories about the RIAA lawsuits and subpoenas have made this mistake. The RIAA is suing uploaders, not downloaders. They might in future sue downloaders, but right now, the lawsuits are directed at people who offer music to others. There is a difference and it does matter.

The editorial itself makes a good point, however, that the music industry needs to change: The industry also needs to improve its technology. File swappers get their music online not only because it is free, but also because it is convenient. Consumers want to get the music they want in their homes, immediately, and they don't want to be forced to buy a whole CD to get a song they like. Online music stores, which keep prices down by eliminating CD's, packaging, delivery and bricks-and-mortar stores, are the wave of the future.

Okay, they're a little late to the party here, but hey, we'll take it. The op-ed also thinks the music industry has the right to sue, which it does technically, saying this is the only option for the music industry to defend itself. This is not true; the music industry does have other options. But considering the voice and the outlet, it's about as much as we can expect at the moment. Especially when they can't keep uploaders and downloaders straight (uploaders offer, downloaders take).

Also note that the BBC is reporting that the lawsuits and subpoenas are not having the desired effect on the traffic on file sharing sites. However, it seems to soon to tell with the lawsuits, since they only started Monday. But traffic is up 20% since August. The last three years, traffic has fallen in the summer months and come back significantly in September, so this is in line with previous years.

Posted by Mary Hodder at September 12, 2003 08:38 AM
Comments

In fact, the alleged offense is neither uploading nor downloading. Uploading means actively effecting the transfer of a file to a remote computer. This is not what Kazaa users do. They merely allow others to help themselves to files on a shared folder on their hard drive.

To the extent that the RIAA cites evidence to prove that the files in question were not originated by the person making them available -- e.g., they are identical to files previously shared via Napster -- the alleged miscreant really is more accurately described as a downloader.

Posted by: Oscar Wilde on September 12, 2003 10:26 PM
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