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Thursday, November 11, 2004 4:17 PM PT Posted by David Lake

Is Illegal File Sharing Declining?

Since September 2003, the Recording Industry Association of America (RIAA) has filed more than 6200 lawsuits against individuals suspected of illegally sharing copyrighted music the Internet. That?s about 413 lawsuits a month. On the surface it looks as if the RIAA?s legal onslaught is working?traffic to the once most popular file-sharing network Kazaa has declined from 46 percent of all peer-to-peer traffic in January 2004 to a mere 19 percent in June.

But it?s difficult to determine whether or not illegal file sharing is declining, especially because overall peer-to-peer network traffic continues to grow at a phenomenal rate. BitTorrent, the new leader in file-sharing apps, now devours more than one third of all Internet traffic?more than all other peer-to-peer networks combined?and dwarfs mainstream traffic like Web pages, according to British Web analysis firm CacheLogic.

If you know where to look, you can find a wealth of content on BitTorrent, both legal and illicit. Legally shared content such as Linux distributions, game demos, and software patches represent a large and growing segment of BitTorrent traffic volumes. Illegal sharing includes movies, TV shows, and computer games. A buddy of mine invited me over about two weeks ago to play his French version of Halo 2 that another friend had picked up through BitTorrent?the game had been leaked on the Internet almost a month before its scheduled release. I didn?t decline his invitation to frag people, bien sur!

As broadband adoption grows, it?s apparent that P2P users are increasingly sharing larger files. The current myth is that peer-to-peer is all about MP3 files, but according to CacheLogic, the vast majority of peer-to-peer traffic volume today comes from files greater than 100MB. Is it any wonder that the Motion Picture Association of America will finally start suing selected file sharers on November 16?
Comments

It's a good thing that file sharing is decreasing in what the law can control, but what happens when you can just download files from FTP servers in some third-world country? That's when the law finds problems. There isn't much that can be done if the server that hosts the files is in another country. But when someone tries to download them here, that can easily be monitored.

Don
November 12, 2004
7:50 AM PT

I don't believe that legal issues are a large factor for the P2P file sharing decline. I believe the real reason people have moved away from using P2P programs like KaZaA... Is that the rate of file infection by some kind of new virus or worm, is absolutely staggering. Not to mention the onslaught of Ad-ware / Spyware that is included in most of these applications.
Analogy: Downloading Files from KaZaA is like eating from someone elses spoon.
"You might get sick, or you might not!"

Dale
November 12, 2004
10:49 AM PT

I just wonder when the RIAA and the Motion Picture Association will WAKE UP TO THE 21ST CENTURY and stop fighting new technology by suing individuals - this is a very negative solution they have come up with. The reason the RIAA has a decline in sales is because the music out there is SHITE that why. So when you realize that RIAA then you may have something to reflect upon. If you sue me why would I want to go and support a shite company that offers shite products to fans? Think about that.

nonamejoe
November 12, 2004
11:45 AM PT

The RIAA and the MPA are behind the times here, and its clear they could care less about anyone other them themselves. Time to make a great LP is no longer an option with them. They want to mass produce the music, and the artist become more of mass production line, then musicians today.
LPs have 1 maybe 2 good songs, and the rest is just filler, and they know it. The RIAA and MPA has only their personal gains in mind, and the lose of real talent being murdered daily. They will learn soon enough that the same fate that befell the dinosaurs will be theirs as well.

Rob
November 12, 2004
1:00 PM PT

What the RIAA doesn't tell you is that DVD sales for current releases are through the roof!

T.V. studios can't/don't want to produce their shows fast enough; thus the piracy. They say it's not economical. Well it sure isn't when people can get it for free when they would gladly pay for it.

Jay
November 13, 2004
1:41 AM PT

I know Kazza and other services are going down, but others are rising fast, I am not sure where I read it but a statistic said that 2/3 of all internet bandwidth is now Bit Torrent networks

Mike
November 13, 2004
8:42 AM PT

As long as I can't do what I want with the music they want me to pay for, I'm not going to buy it. I don't want to have any goddam restriction if I want to transfer my music back and forth to my Ipod and/or burn a CD of my favorite songs. With all the friggin restrictions and incompatibilities between formats, I'll stick to the good ol' universal MP3 format.! And it's free!

Luc Marcil
November 13, 2004
6:57 PM PT

iT IS CRYSTAL CLEAR THAT STEALING COPYRIGHT MATERIAL IS ILLEGAL. IT IS ALWAYS EASY TO STEAL, CONSIDER THE FACT THAT IF IT WAS YOUR MUSIC WOULD YOU WANT OTHERS TO TAKE FROM YOU? THE MUSIC COMPANIES AND VIDIO COMPANANIES ARE SLOW TO COME INTO THE 21 CENTERY, CONSIDER THE PRICE IF YOU DON'T TAKE ADVANTAGE OF THE OFFERS THEY GIVE YOU TO GO LEGAL! You may get it free today, but not tomarow. Do the right thing and use the services that allow you to buy and enjoy the services that are provided very cheap. Pay the price for the enjoyment of their services, the only other shoice is a legal issue. Remember, it is their music!

Bear
November 13, 2004
9:49 PM PT

It's sad when you buy a DVD, and can't play it on your computer because of Macrovision. I bought the Star Wars box set that the thing screamed at me because I have a TV out port on my video card. They think i'm going to tape the DVD I already own to VHS, which in itself is stupid. These organizations should let people do whatever they want if they already own the material. If I own a DVD or CD, I should be able to make a backup. According to the RIAA and the MPAA, I should have to shell out more money if my CD or DVD gets a crack or strach in it. That just plain isn't fair.

Nick
November 14, 2004
7:06 AM PT

With all the music licensing restrictions and copryright mangement technologies being applied to CD's and DVD's, the people should be infuriated. Who wants music you can't really own? Who wants stuff that you can't make a copy of. Or media that limits your use?

Also, new media formats come and go. How many times have you puchased the same album in LP, eight track, Cassette, and CD? Does the music/movie industry cut you a discount on your new CD/DVD when your old one becomes too scratched to play? No. If a software company did this, you would go ballistic.

Let the RIAA know who's in charge. We should boycott Music CD's and Movie DVD's for a Month.
December, 2004 would be a good month. Then these dipsticks would know the power of the consumer. They would lose millions (billions?) of dollars and maybe change their attitued about suing their customers. Screw the RIAA and the MPAA.

Let the revolution begin!

Shark99


joe dimaggio
November 14, 2004
12:04 PM PT

These P2P Companies, while they are set up for legit file-sharing, have become an avenue for piracy...and they know it. The solution to a problem like this is to shut down these networks-they are aiding and abetting to criminals. They are losing they're right to stay open by allowing people to pirate copyrighted matherial. Shut down BitTorrent and Kazaa for illegal operations, don't sue the people who do it.

Ben
November 14, 2004
5:50 PM PT

This issue has realy taken off thanks to napster. which started the music sharing Kazza has realy brought the issue not only to the RIAA but now the Motion Picture Association. They brought this apon them self by charging 14$ for a CD. it cost them penny to make wiht the amount of sale that is done. the MPA should not be worryed about the downloading of there movies just yet do to high file sizes and low picture quilty when a better compersion comes out the should be scared the mojrity of their losses would be from copying of there movies and lets face it IF YOU CAN MAKE IT SOMEONE ELES CAN UNMAKE IT. you can slow down the amount of copying from video do to the fact that it is all digital now but as for muic all there is not stoping that its a matter of inputs and outputs.

andrew
November 14, 2004
6:13 PM PT

Back in the 70s, my local library rented out newly released LPs, so you could sample before buying. No one worried that copies onto cassettes would be made. And I ended up buying the LPs I rented, which I would not have done otherwise.

The more exposure people get to the music, the more likely they are to purchase.

Also, there is music that is no longer or seldom re-released. What are the chances of cds being released that contain the EXACT 30+ year old songs I liked and already bought on vinyl when they were originally released? Or that have all the big-band era music that my parents liked, but long ago the vinyl bit the dust?

Sarah Kanary
November 14, 2004
7:41 PM PT

If P2P file sharing is on the decline, give all the credit to adware, spyware and proliferation of computer viruses on P2P networks. The RIAA hasn't made a dent.

The RIAA has repeatedly used the Internet as the sole scapegoat for declining music sales when the real causes lie elsewhere.

Corporate consolodation of music labels has interferred with innovation in music. There hasn't been much of anything ground breaking in most popular genres of music since 1989. The whole industry is long overdue for a house-cleaning of styles. But the corporations won't let that happen. They want us to buy the same flavor of music, only more of it at higher prices.

Add to this the problem of corporatized radio. ClearChannel and a handful of others control the airwaves. The record labels use middle-man style payola to control content.

Overall the music industry is just very very bland. I used to buy lots of CDs. It is rare that I do so now. Even with a DSL connection, I have little desire to download anything because I can't think of any new music even good enough to go to the trouble of downloading. It is that bad.

The movie industry is not much better. Most newer movies stink. Most of the DVDs I've been buying lately have been older movies.

Bobby H
November 14, 2004
8:50 PM PT

What about stopping the production of any copier device or storage device such as dvd writer, cd writer... or even a large Hard Drive.. etc.

Or maybe, put a very high (I mean really high i.e. $100.000 ++) price on such devices plus a registration to get it...

I'm sure the P2P and piracy will stop.

But then again... All those files that have been claimed as their own (copyright) are not really their creation, they copied it from someone else anyway...


Kijang
November 15, 2004
11:17 AM PT

It is not crystal clear that file sharing is illegal. It is crystal clear that the RIAA and the MPAA are filing law suits against file sharing because the internet is a medium they can not control or profit from. How can corporations like Sony file lawsuits against people violating copyright law when they market and sell computers with CD burners that can also be used to violate copyright law? The same companies filing law suits also sell blank CDs and DVDs, what message does that send? They can not control the internet and are upset they can't make money.

So what if I download the latest episode to the Simpsons that I missed because I had to work? The networks should be happy that I am watching their shows. What is the difference in downloading it and setting TiVo to record it? How is downloading supposed to be illegal and recording it on my TiVo or VCR not? I remember the years before DVD and boxed sets when I would record my favorite TV shows onto VHS tapes so that I could watch it whenvever I wanted to. Was I breaking the law?

I also feel no guilt whatsoever in downloading song or two rather than pay 15 to 20 bucks for a CD that is mostly crap except for the one or two songs that I want. Start releasing CDs that are worth the money. Anyone out there remember being a kid and having to listen to the radio all day waiting for that one song to come on the radio and hit record on the cassette tape and try like hell to not get the DJ's voice on the tape? Why didn't the RIAA come busting down doors and suing everyone recording songs off the radio? I don't ever remember anyone saying that we were breaking the law and I don't think anyone even thought it.

I strongly believe that if the RIAA and MPAA could profit from the internet none of this would be happening. After all, the sale of VHS tapes, blank cassette tapes, dual deck VCR's, and Stereo cassette players could be controlled and people could profit from them. As long as we all paid our hard earned dollars on the above mentioned items, the powers that be would look the other way on so-called "Piracy".-

chasydmarich
November 15, 2004
3:38 PM PT

History has taught us that progress in technology will inevitably leave a group of people out in the cold. The problem this time is just this, the people left out in the cold are the RIAA and the MPAA and they have the money and power to try and sue the progress from happening. I think that the lawsuits are absurd and pointless, what industry actually sues it own customers?

What if the makers of 8 track tapes had sued cassette tape makers? Or cassette tape makers had sued CD makers? What if factory workers 50 years ago had sued the makers of the automated assembly line? It is just ridiculous.

The bottom line is this...the RIAA and the MPAA need to accept the next revolution in computer technology and stop clinging to the past and learn to move on. Lawsuits are not going to shut down the internet. The internet is vast and encompasses the globe and file sharing will move to other countries if need be. File sharing programs are here to stay. Change is inevitable, get over it.

chasydmarich
November 15, 2004
4:32 PM PT

The problem with piracy, in the music industries' current configuration, is that the musicians aren't compensated. nobody works for free! A CD is really just a reproduction of the original recording, so OBVIOUSLY if it can be reproduced once, the reproduction itself can be reproduced. That can be done digitally with some work (cracked WMA's for example) or analog EASILY. Any song, protected or not, can be re-recorded by connecting the output to a microphone.

How to solve this problem? Let the songs be freely downloaded for personal use, charge for corporate use (in clubs or w/e) and make more money from image.

15 songs on a CD for $15 is $1 a song right? So say the music labels. HOWEVER, $15 for your favorite 2 songs is extortive. Sell the songs individually at $1 apeice! Just record better songs if you want them all to sell. allow low quality internet preview or something too.

Try some more concerts! duhh...

Tom
November 25, 2004
10:56 PM PT

Has anyone considered that the flood of worms and trojans popping up on P2P networks might actually be put there by the RIAA and the MPAA and that software makers lobbying group (whatever it's called).

I don't Think P2P is degrading the RIAA and MPAA's profits as much as horrible non-creative and formulaic content is..

Also I download all the time - but when a aband comes through town I pay to go see them, buy their CD from them, go and give them some congrats on kicking it out, I also rent tons of movies - in other P2P hasn't touched any artists profits - that I can think of.

But all these lawsuits sure make me think the industries are smelling bad - I will do my best now to avoid profitting these two huge industry lobby groups that seem to have no idea what kind of content distro system is popping up in the form of broadband.

Lobby groups reporting of profits may not reflect what artists are actually seeing.

Roland
December 16, 2004
11:21 AM PT

These People don't make any sense. they want you to PAY ridiculous amounts for a cd in which you usually only want the two or three tracks worth listening to, when you can sit in the comfort of your own home and get them for free. i am from england and i dont know what the status is with all these companies trying to stop the sharing , but all I know is they need a different approach. I look at todays artists and they are a million times richer than me, and i'm not even poor. They complainin bou webrips sh*t bt they aint gonna eva go hungry. We aint allowed to fill our ipod/zens up with our favourite tracks? bulsh*t!! I'd feel more guilty handin over my hard earned to the multi millionaire artists. sure it's their music. but selling records is just one way they make their millions. If you go into work and say 'oh yer im gettin that album tonight' and your colleague says'here i got a copy u can have for free its perfect sound, its got the cover and evrythin. you hardly gon say 'nah its kool id rather spend ma money that im slavin in this damn office to earn and go out of my way to buy it'
exactly. maybe the RIAA should think more humanely

Reidy
June 20, 2005
6:30 PM PT

Uh, the answer is in the money. Whatever makes money gets thumbs up, whatever loses money, thumbs down. The greedy movie/music industry isn't rocket science to figure out. Oh, and please don't tell me there are some idealistic people out there that believe the idea that musicians & actors are suffering as a result of this. Read the stats, you'll be amazed how different they really are from you and me. I do agree that P2P is declining b/c of viruses, worms, etc. Once again, the commoners screwing the commoners.

Ave
July 21, 2005
1:37 PM PT

The whole moral thing about stealing the music they wrote is just a lot of bull crap. The only ones who protest filesharing is the big guys at the top of the production corporations. Ina recent survey, over 3 quarters of the artists found on the 100s lists said they do not mind filesharing and over one half said they use it themselves.

David
September 10, 2005
4:35 PM PT

By everybody getting involved in the music/games and movies industry it caused a lack of quality. I still have the originals of all the good products i use. So if it does effect the producers of these products and they suffer, then good. It forces them to come up with quality and not this rubbish you have to pay to use. It teaches novices not to get involved just cause they think that they can create crap production and charge for what takes a couple of hours to create!

Genbooga
November 28, 2005
5:54 PM PT

I THINK P2P SHOULD BE LEGAL!!!!!!!

Anonymous
December 27, 2005
9:34 PM PT

I hope that P2P programs will brcome more advanced which could assure anymous file sharing between peers. We need some type of encryption so that ISP's wont have any idea what we are sharing :-)

Lino
March 09, 2006
9:55 AM PT

Actually, David, I protest file sharing, I think it is morally wrong. I love tv shows and movies, but I go out and buy the dvd's, I don't steal from the companies. and I'm not rich either, sad to say, though I wish I was. So don't think that its just the powerful rich people who think this is wrong.. there are lots of us out here wo do think it is wrong, whatever your excuses are.

Sara
April 26, 2006
4:36 PM PT

the people who moan lose out IE money (darn you didnt make a million profit this year) The people who dont moan are the ones who get it for free (good on you, you prolly wouldnt make a million in your lifetime). if you eat a meal that is rancid you get your money back, however if you pay 10$ to go watch a **** film you get nothing back. I personaly see no problem with file sharing if the goods where that good you would gladly go and buy the product.

yes sir no sir
May 07, 2006
5:04 AM PT

Well sara i hope you dont protest to strongly and live in the UK because you are even loosing the right to protest now. Like a previous poster said commoner screwing the commoner, Be realistic about the situation so somone writes a song great they sell 100k copys X 15? you realy think they lose money? the next level of this type of corporate control is being able to stop you being able to sell your second hand good's on ebay. Try thinking outside the box!!

people v's people
May 07, 2006
5:15 AM PT

You wanna wake up the music industry?!! Everyone not buy a cd/dvd or download anything from web for a week. See if they change their tune. As consumers we do have the power to take down any big company, it's just getting everyone to work and do it. (Even though it's a harder thing to accomplish, 1 day were everyone would not buy gas would make it drop!:)

bb
May 10, 2006
8:54 AM PT

I used to use Kazaa and Limewire but they just gave me spyware and ads all the time. I discovered utorrent and it is brilliant. If people want to stop this, the only way to do it is to take down the companies.

ANON
May 31, 2006
6:01 AM PT

in the u.k the c.d albums are around ?18 and dvds are about the same price thats roughly $30 in the us, i think that is a joke, the fat to cats have had a good ride i spent 100s if not 1000s over the years on c.ds and dvds, im out of pocket and there living the high life, NOT ANY MORE, the music industry will not suffer and the movie industry wont either. put in this way we have all been doing it for years even b4 the internet, how many times have to borrowed or lend a vhs off a friend or coped and lp to tape for a friend. im gonna keep my money in my pocket thankyou very much, but im am happy for who ever wants to buy their music to do so.

landy u.k
June 13, 2006
1:42 PM PT

stealing their garbage products. Both of these are what you could say moraly wrong. But what the RIAA and MPA are going to have to understand is that they are never going to stop it. as long as there is a demand for cheep or free products that they produce and refuse to compete with those demands than they will get piraters. what these companies should be doing is using these sites and torrents as advertising. though most of us cringe at the site of spam or pop ups, they are a source of revinue for many online companies. including the torrent sites. Public broadcasting offers commercials to get company sponcers. why can movie and music companies not do the same with their credits or previews. we dont care we fast forward anyways. but it will make everyone happy. the companies get their money. and we get our garbage products. until then the public can sit back and watch the downfall of hollywood and the music industry. Piraters will not stop. and they only keep getting better and better

sergei
July 31, 2006
11:23 PM PT
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