The RIAA, Really?
I recently read this blog by Joel Tenebaum who is getting sued by the RIAA. From what I gather from music blog headlines, this is a pretty important case in so far as it seems to take up a good portion of attention on a few music related blogs.
Without following what has been going on, it is clear from Joel's blog that this case is ridiculous. The fact the RIAA can sue people for such extravagant amounts is more a testament to how the legal system is flawed then simply they are a terrible organization. That said, the RIAA are a terrible organization! I find it very difficult to see how file sharing is really costing the industry so much money. If I owned a video cassette factory, do I get to sue DVD manufacturers for killing my business? The US auto market seems get help from the government even though they made terrible cars. It might have been a better tactic for GM to sue Toyota for profits lost due to unfair competitive practices, aka making decent cars.
On a side note, if Toyota or Honda wants to make a 15 passenger van (a la doge sprinter), sign me up. Our 96 Toyota Corrolla has over 185k miles and is going strong. Our 02 Dodge Ram van has been is heading back to the shop after getting a new engine at 67k miles. The only Dodge I'll ever consider is their Sprinter van and here is a hint why, Mercedez Benz diesal engine.
Car frustrations aside, the real problem with the RIAA and the lawsuits they promote has to do with responsibility. Back in the 90s, the music industry was making massive amounts of money. Relatively small bands were going platinum with CDs that cost $17. I'm not saying this was a problem, but it obviously tainted the music industry's view of what they are owed. It seems that now when profits are dropping, the answer is not something like, "how do we make a better product?" or "is there a way we can provide more value to our customers?". Instead they form a legal team to go find people who are sharing music and use the legal system as means of taking justice into their own hands. The lawyers effectively act as the music industry's mercenaries and aim to extract their due vigilante style. Honestly, it is pretty screwed up.
Now, I'm not saying it is totally fine to pirate music. As a musician, I'll be extremely frank, it is expensive, time consuming and difficult to make music that is effectively seen as worthless. That said, that is where we are. I'm ok with it. I don't make music to make a million dollars. What is frustrating is that in order to make music anywhere close to the quality I'd like my music to be at, we are talking a hefty chunk of change, that I cannot afford. While many people say take it on the road and sell t-shirts, I'd bring up the above points about a van being in the shop with a new engine. Van issues aside, it is and order of magnitude cheaper to get 1000 CDs pressed than 1000 t-shirts. We have to buy around 75 at a time because that is all we can afford. And on that note, I'll stop whining because this past year of playing music has been more fun and exciting than I can describe, I'll keep paying down my credit card debt and shut up.
At this point, I don't think it is OK to pirate music in so far as if you really like an artist and want to support them, getting their music without paying seems like a poor way to do it. I also don't think you should have to fork out $17 to get a CD that is so-so at best. It is also ridiculous that our friend Joel is having to deal with a million dollar lawsuit. Since the RIAA is suing, it seems someone else should do the same. Why not fight fire with fire. If there are any smart lawyers out there that want to make a bunch of money on a class action law suit and put a nail in the major label coffin, why not strike up a pricing fixing class action lawsuit. Does it seem at all odd that CDs seem to always be roughly the same price no matter the label? If the RIAA gets to sue for lost revenue because people used an existing technology, then why not sue for raising the price of the CDs to a ridiculous level?
Ok, I know what you're thinking. The $17 CD was a function of supply and demand. People were willing to pay such a high amount, therefore, it was simply the happy intersection where supply and demand met, had coffee and talked about old times. And based on my economics courses, this is entirely correct. But guess what, with the introductions of mp3s, guess what happened to scarcity. Ah yes, another economic term that defines the amount of available resources, aka supply. Does it seem fair then that because the supply of music became saturated the RIAA gets to swoop down and sue the pirates for all the lost revenue? I'm saying no.
The one positive thing the RIAA have done is pose enough of a threat to make people prefer purchasing music over pirating it. Honestly, paying $50 for 4 or 5 records is a much better deal than pirating them and being asked to pay $3k. If I were the music industry, I'd consider it a win and get back to business. I'd probably keep the RIAA around to keep making an effort to get folks to settle. It is still pretty slimy, but honestly, it is stealing and simply because the government can't (and really shouldn't) spend the time and money to monitor file sharing, I'm OK with the RIAA making its effort, just as long as the goal is simply to make it clear that it is cheaper to buy music than pirate it most of the time. Unfortunately, this is not the goal of the RIAA. They are trying to get lost revenue and that screams the "I don't like my customers and I'm lazy" mentality of the major labels.
I think in the end the best way to combat the RIAA is simply to avoid pirating music. If you want some free music there is traditionally a wealth of ways to try it legally. More and more bands are giving away their music in hopes of getting fans. Honestly, if someone reaches out saying they have enjoyed what they've heard, it is pretty easy for me to say thanks and give them a download code. If you really want to get music for free, then start a relationship with an artist. Let them know you're listening to them and telling your friends. Talk about their shows, videos, blog posts, reviews, and twitter about the band. If you champion a band, they will pay you back. We give away stuff all the time to people who support us. It really is the least we can do.
Of course, if you want to drop off a van at my door step, I'm cool with that too.
