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This topic comprises 7 pages: 1 2 3 4 5 6 7
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Author
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Topic: Napster Affects CD Sales
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Scott Norwood
Film God

Posts: 8146
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99
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posted 06-22-2001 11:24 PM
I'll admit to having downloaded stuff via Napster and other methods. I can't defend this from a legal point of view, as it's a pretty clear copyright violation. However, I don't feel too badly because I can honestly say that I have purchased the recordings of the music that I have enjoyed and deleted the stuff that I wouldn't have bought anyway. In other words, the only stuff that I've download has been recordings that I either a) already owned; b) would soon buy; or c) wouldn't buy anyway (and deleted soon thereafter).
As a way of sampling many different songs and genres of music, something like Napster is a great idea. I hate the poor sound quality of MP3-compressed music, so I wouldn't want to listen to MP3-compressed music on a regular basis, but it's comparable to hearing a song on the radio before buying it, which is a good thing. Since I've either already owned or soon purchased the recordings of the stuff that I've downloaded (or decided quickly that I didn't like the song and deleted it), I have no moral issues with my own actions. Even if sound quality were a non-issue, it's fairly obvious that it is necessary to support the performers and songwriters and producers in order to encourage the creation of more music in the future.
As for Napster (the company), I would argue that what they are doing is morally wrong (since their business model seems to depend on large-scale copyright violation), but legally not a problem (since they themselves aren't violating copyrights...they're just providing a tool that can be used for good or bad purposes, just like FTP, the xerox machine, the VCR, the tape recorder, etc.). I object to the idea that the courts may decide to take action against Napster (the company) simply because they provide software that might possibly be used for illegal purposes, since the company itself isn't doing anything illegal (as far as I know, anyway).
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William Hooper
Phenomenal Film Handler
Posts: 1879
From: Mobile, AL USA
Registered: Jun 99
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posted 06-25-2001 06:08 AM
I continue to wonder about people who think they should be paid, but artists should not be paid.Napster = Theft I mean, you hear all these rationalizations from people who *know* that they are taking something that doesn't belong to them. What's the word for that? And what's the difference why they wouldn't do the same thing at Wal Mart? They'll get caught at Wal Mart. Narrow self-interest, greed & fear, are your basic motivators here. I think nasty .mp* 's are one of the wonderful tools to explain to folks why digital does not mean better quality. It's the format that makes the difference, not just digital.
Vinyl LP = analog RealAudio = digital Which sounds better, class?
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Scott Norwood
Film God

Posts: 8146
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99
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posted 06-25-2001 05:06 PM
I fully agree that the common excuses of "prices are too high" and "record companies make too much profit" don't justify stealing someone else's material.
That said, there are some reasonable justifications for downloading songs via napster or some similar means. First, if the recordings are PD, they have no copyright issues and may be freely distributed. Second, if the user already owns the record/tape/cd/etc. containing the song, then downloading an MP3 version of it on Napster is analogous to making a tape for car use, which is explicitly legal as long as both copies aren't in use at the same time. (This applies in the US at least.)
The grey area relates to the "try before you buy" idea--that it is reasonable to be able to hear a recording before purchasing it at a record store. This is a blatant copyright law violation, but it's possible to make the ethical argument either way.
It does seem fairly obvious to me that downloading recorded music which is under copyright protection and listening to it instead of purchasing the recording legitimately which one would otherwise do is clearly wrong, unless, for example, the copyright owner has given explicit permission for redistribution (as some bands and record companies have done).
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Joe Redifer
You need a beating today

Posts: 12859
From: Denver, Colorado
Registered: May 99
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posted 06-25-2001 07:24 PM
How about this "grey area" of sorts?You download a song to listen to. Because you downloaded it, you do not buy the CD. However if you had never downloaded it you would have never bought the CD anyway. It is foolish to assume that for every MP3 downloaded, a CD would have been sold. -Copyright Violation? Yes. -Ethical? Hmmmmm. -Lost Revenue? Nope. Or another situation that Scott talked about: You download an MP3 of something that you really never heard of before, or had not heard much about. You like it so much that you buy the CD. -Copyright Violation? They can bite my ass on this one. -Ethical? Hell yeah! -Lost Revenue? Hell no. In fact, that's more revenue than they would have had without the MP3 to download. What if that song sucked, you do not buy the CD and delete the file (why would anyone keep a file of a bad song)? -Copyright Violation? Again, they can bite my unshaved ass. -Ethical? You bet. -Lost Revenue? Possibly. But only because their song sucked. What about all of these new MP3 players that the big companies (like Sony, who owns several studios) put out? They aren't exactly saying "don't pirate music". They're just saying "play hundreds of your MP3's on our equipment". The whole MP3 issue really is a grey issue unto itself. I agree that stealing is bad, but in many cases MP3 has made people money. I have purchased CDs after downloading MP3s. I refuse to listen to the radio because A) Radio sucks (unless you really like hearing those "really cool" DJs banter amongst themselves!) B) They don't play what you want when you want to hear it. Not a good way to try out specific music. MP3 is better than radio.
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Dwayne Caldwell
Master Film Handler

Posts: 323
From: Rockwall, TX, USA
Registered: Apr 2000
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posted 06-25-2001 11:15 PM
Just curious. What about downloading tracks or songs to rare or unavailable material? How unscrupulous would you guys consider me for snagging hard to get MP3s and then keeping them? Tell me, Joe. Am I ethical or an evil little bastard? For instance, I downloaded all the tracks to James Horner's Vibes soundtrack. It is not available at stores and was a Varese Sarabande Club Member Exclusive release. Now the CD is worth about $130.00. I also downloaded tracks to Basil Pourdouris' Cherry 2000 which is estimated to be worth $250.00. For awhile Jerry Goldsmith's complete score to Mulan (about 30 cues, no songs) was only available if you were a member of the Academy and received a promo. And for awhile, the promos were being sold for about $450.00. Then the bootleg sells began and depreciated the value to a mere $200.00 I believe. I bought a promo of Apollo 13 which has about 60 minutes of the score (none of the songs, and no f**king dialogue either) for about $47.00 after shipping and handling, and I lucked out on that because the retail is about $65.00! I and a friend of mine split $100.00 for a copy of Michael Kamen's Die Hard (again, a promo) on an E-Bay auction, and it's retailed at about $75.00 normally but has been sold on E-Bay for as high as $120. I was thrilled to have them (I still am), but then I saw these scores being swapped around on Napster, and I'm not buying these scores to collect so much as to listen to because I love symphonic music. So I felt a little gypped because I wasted $97.00 for those two examples (and those aren't the only promos I have) and none of that went to the orginal artist or any of the album's producers. Granted they are promos and the quality is better than they would be as MP3s (not to mention the CDs are glitch free), but they were still promos. Promos I might add, that said FOR PROMOTIONAL PURPOSES ONLY. NOT LICENSED FOR SALE. Just like all promos. But I paid for them anyway before I thought to check Napster. On occasion Film Score Monthly puts out re-releases, expanded releases, or even previously unreleased soundtracks as does Varese Sarabande and Intrada, but the number of copies is usually limited to around 3,000 and they sell at a reasonable price of about $17.00 to $20.00 if you buy the title within a year. I don't mind at all shelling out $20.00 or even $30.00 bucks for a rare soundtrack, but when you start to get into the triple digits, I think that's bullshit myself. And then there's the bootlegs floating around out there. A complete 2 CD set of David Arnold's Independence Day sells for about $45.00 and again none of the profit goes to the original artist or the music industry. I'm told that bootleg is actually of superior quality, and it has every note of music from the movie (yes, I am that hungry to have every note from the composition on some of these soundtracks. It's ludicrous, I know.) and there was some damn good music cut from the 50+ min commercial release. Some of these bootlegs are of good quality while others are just shit. If I'd paid $50.00 for Elmer Bernstein's Ghostbusters on E-Bay instead of downloading the MP3s from another user, I would have been pissed because the MP3s were shit, and for comparsion I downloaded a file from the same user of a track from a promo I had and knew to be of fine quality and that MP3 sounded so much better even though the bitrate for it and the Ghostbusters MP3s was the same, so I know that Ghostbusters bootleg had to be shitty quality. I know that a bulk of the Napster files out there were of material available at any store for $12 to $17, and that's why I made it a point not to download material available, but I grabbed a shitload of rare scores. True, they don't have as much quality as an original CD, but it doesn't diminish the listening experience for me any less. And now that Napster is gone do you guys think I'd be too whiney if I bitched about not being able to lift off the rest of the Indiana Jones and the Last Crusade complete score?  ------------------ The man with the magic hands.
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William Hooper
Phenomenal Film Handler
Posts: 1879
From: Mobile, AL USA
Registered: Jun 99
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posted 06-26-2001 12:31 AM
What happens is that everyone has to struggle to create a crazy model to justify the behavior which is just theft.If it isn't yours, & you take it without buying it, it's theft. The person who owns it or does the work decides how he will sell the product. Any other acquisition is illegal. Okay, you've suddenly decided that you won't buy something until you've tried it out for a while first. So you just go over to Mark Gulbrandsen's, help yourself to a Century projector & sound head he's rebuilt, & take it home. You tell him you're going to use it for a while, you don't know how long, & then decide if you want to pay him for it. Or, maybe, later you'll bring it back & not pay him. Depends. Mark, of course, will say "Hey, I didn't say you could do that with my stuff". Then, he should get a gun & shoot you as a thief as you walk out the door with his property. He has done the work, he owns the product. He will tell you how you can acquire it from him. It many not even be for sale. The only difference with Napster is that folks don't feel like they're going to get caught, so they do what they want & rationalize their behavior to themselves & others.
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Scott Norwood
Film God

Posts: 8146
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99
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posted 06-26-2001 11:52 AM
There's a significant difference between stealing Mark's Century and stealing a recording via Napster. If someone steals a physical object, the original owner no longer has it. If someone steals a recording by copying it, the original owner still has the recording and so is not harmed. The person who _is_ harmed is not the owner of the object but rather the owner of the copyright who would have received royalties if the thief had instead legitimately purchased a copy of the recording. Of course, the individual doing the copying might not have actually bought the recording in the first place, and thus did not cause loss of revenue to the copyright owner. Similarly, the individual doing the copying might download something that he would not have purchased, but then might later decide that he likes the music enough to purchase it, thus _increasing_ revenue for the copyright holder.
I'm not trying to justify this at all here; I'm just making the point that stealing a physical CD from a record store is not _quite_ the same thing as making a copy of the recording.
I hope that this sentiment doesn't get terribly misinterpreted. I believe pretty strongly in the importance of respect for copyright, as it is an important incentive to encourage the creation of original works in all formats (books, movies, records, etc.). However, I also happen to think that the US copyright laws are somewhat broken; for example, the retroactive copyright extensions which have been legislated in recent years seem to be clearly wrong. Congress is authorized by the Constitution to grant protection for "limited times"; retroactively extending copyright protection is a violation of the spirit of this law. I also happen to think that the "fair use" concept should be made slightly broader (note the use of the word "slightly"). It will be interesting to see what happens in the next few years.
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