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    • 14

      Piracy and Its Impact on Philippine Music: A Response

      21 Jan 2008

      In Rockista Craze, Janette Toral wrote a piece about the impact of piracy on our local music industry. It’s well-researched, as usual, and has some nice factoids previously unbeknowst to me. Check it out then come back here for my unscientific response:

      This debate is nearly as old and tired as the one about abortion, so i’ll just add a couple of thoughts from the opposing camp to round out the discussion.

      1) there’s a logical leap in the observation that piracy is at fault when it comes to the poor success of the record industry. nobody has data that proves this, and the statistics listed above are beside the point. why? because in order to say that piracy is hurting the music industry, you have to first assume that all of the people who pirated music would have otherwise _bought_ those CDs had piracy not been any option. that’s a huge assumption, and it’s the cornerstone of all anti-piracy arguments. the truth of the matter is, people who pirate consume more music because it’s free. if they had to pay for everything they listened to, they would consume less, or not at all.

      2) CD sales are going down worldwide, so this is not a phenomenon that is local to us. there are many reasons for this, and piracy is simply the most convenient scapegoat. the biggest reason in my mind is that the CD is an obsolete technology, and it is going the way of vinyl and VHS. (I’m sure the 100m+ iPods out there have something to do with this.)

      3) there’s a sea change going on in the music industry right now, and piracy is a syndrome, not a cause. the real cause is that digitization has reduced the cost of production to near-nothing, and consumers know it. they understand that the true cost of a CD is tiny, and that the Internet makes major record labels irrelevant. let’s not kid ourselves about how piracy is stealing money from the artists. _labels_ are stealing money from the artist; they take over 80% of the cost of each record sold. if you removed (or reduced) the role of labels in the distribution process, artists would be more appropriately rewarded for their work, and the price of music would still go down.

      4) which brings me to another reason for weakening music sales: the Internet, in general. music delivery over the net is near-instantaneous depending on your connection, and the variety is truly overwhelming. people are awakening to the fact that there is more music out there than their local industry or record store can provide, and they are finding new alternative venues that cater to their maturing tastes.

      14 Responses to “Piracy and Its Impact on Philippine Music: A Response”

      1. spidamang Says:
        January 21st, 2008 at 11:34 am

        I definitely agree with item 1. Not all consumers of pirated material are potential customers. Juan Panday isn’t buying sarah geronimo’s original cd because 1.)he hears her for free on tv and radio. 2.)He’s not “album oriented”. 3.) What most people fail to realize is that Piracy is popular because they satisfy people’s “WHIMSICAL PURCHASES” without eating into their budget.

        These whimsical purchases cannot be claimed by the industry as taken from them because if some curious casual consumer can’t get the high school musical 2 ost from pirates, they sure as hell won’t buy the original.

      2. p Says:
        January 21st, 2008 at 4:00 pm

        it’s a logical fallacy– correlation doesn’t imply causality. just because they both happen at the same time, it doesn’t necessarily mean that one causes the other.

      3. luis Says:
        January 21st, 2008 at 7:15 pm

        “Post hoc ergo propter hoc” is the classy way of saying it I think :)

      4. Janette Toral Says:
        January 21st, 2008 at 7:27 pm

        Hi Luis. Thanks for sharing your insight. Actually you are right on the dot there as not all customers of pirated music are actually music buyers.

        In analyzing music piracy activities though, there’s no discrimination whether they are buyers, with or without piracy.

        Buying or copying a pirated work is still considered as a revenue loss that has its corresponding value. There is also an assumption that some (or a lot) gets passed on/spread that has its counterpart revenue loss. Similar to books, everytime a book gets photocopied (and even binded), it is a revenue loss. All other factors happening around it serves as an explanation as to why such things happen.

        If you are saying that there should be a research that profiles the user and would properly classify whether their copying or purchasing pirated music products is piracy or not, and which directly can be said as to hurting the industry or not, I’ll all ears on what you have in mind.

        Cheers!

      5. luis Says:
        January 21st, 2008 at 7:44 pm

        > Buying or copying a pirated work is still considered as
        > revenue loss that has its corresponding value.

        This reasoning is actually where I take issue. How is there revenue loss, exactly? There was no change in inventory, and no damage done to the artist. These copies are created with no physical cost associated with them, and attaching a revenue loss on something that didn’t exist until I pressed Ctrl+C 5 seconds ago seems to me like an exercise in futility. (Note that you can create profit from digital copies; but I find the act of bemoaning the revenue loss from these copies –which have no intrinsic value– to be an insipid endeavour.)

        The problem I think is that we are using old measuring sticks for new situations. I don’t claim to have the correct answers to this (although I do have some ideas), but we need to first recognize that those systems of measurement are no longer appropriate before we can fix them.

      6. Janette Toral Says:
        January 21st, 2008 at 7:58 pm

        Hi Luis. What defines piracy are the acts stated in our country’s law, that in the Intellectual Property Code. To redefine the measurement would require changing the definition of copyright violation and piracy under the law.

        Replacing the definitions under the law will be the first step before new measurements can be created (where it is usually based on). I look forward to your thoughts on the definition changes.

        I think that will be a good blog post as there are ongoing efforts in amending the IP Code. Cheers!

      7. havagut Says:
        January 22nd, 2008 at 11:05 am

        The evolution of the Internet from being a mere virtual space to being a user-driven environment, a whole new reality, definitely demands new measuring tools. Just consider how Google overtook Yahoo with their better search algorithms. As a society, we have to rethink all our relationships, and how to deal with them in the face of Web 2.0.If there are efforts to amend the IP Code, I’m sure it’ll take more than this session of Congress to really make the code applicable to the present Web r/evolution. Just consider what this regime did by appointing a former military general to head the National Telecommunications Commission.

      8. luis Says:
        January 23rd, 2008 at 12:26 am

        i’m actually of the belief that the government doesn’t need to be as involved in this evolution as one would think. free market forces and the process of creative destruction will eventually have their way no matter what laws were previously written to stop or restrict them.

      9. Music in the Digital Era: Buy, Borrow, Steal? | YugaTech | Philippines, Technology News & Reviews Says:
        January 23rd, 2008 at 12:27 pm

        [...] Luis explains some of the reason why piracy is not a root cause for the decline of the music industry locally. However, I think the phenomenon is worldwide rather than just domestic though in these parts of the region, it’s more prevalent. I remember downloading mp3s from mIRC as far back in the late 90s thinking it’s okay since I’m buying CDs anyway. [...]

      10. Ryan Says:
        January 24th, 2008 at 1:22 pm

        Another angle I’ve been giving some thought to lately is the underground economy that piracy generates and sustains. Were piracy to be totally eradicated, we’d suddenly have thousands of clerks manning pirate stalls out of jobs and income.

        As luis knows, I’m terrible at math, but let’s assume that per mall in Manila there are 10 stalls that sell pirated goods (a VERY conservative estimate), who each employ 3 people. Let’s go ahead and assume that there are a hundred malls/department stores in manila. 100×10x3 = 3000 people directly dependent on piracy as a source of income.

        The actual number I’m sure is far larger, and it’s good food for thought when discussing the issues surrounding piracy. It’s very noble to support artists that make music, but you also have to realize that there are other people who are dependent on money piracy generates, regardless if it’s legal or not.

      11. j4s0n Says:
        January 24th, 2008 at 11:22 pm

        There’s a big line about selling pirated media(cd,dvd,software) than getting copies or downloading something.

        What causes bigger damage, is of course, monetizing on something you didn’t worked for or you don’t have the right to sell.

        although in whatever reason, we really can’t justify piracy as right. the thing is the music or movie industry has to find better alternatives as what people are saying here, the evolution.

        And as far as everyone’s concerned, it’s natural as we move further on the digital era. and I believe that there’s no entity (even on a communist country) who can stop people (one way or another, that includes people w/ good conscience) from copying or digitizing copies of their music. Which is i say easier and convenient to people. would you still carry 100 cds when you can have those 100 albums on your ipod/portable player?

        I still buy original CDs, but in the end of the day, I still rip them “because I need to” co’z it’s fun to listen on an ipod and my laptop which I carry always with me. It saves me from the hassle also when my daughter plays w/ the CDs and scratches it.

        DRM is one way, but DRM has it’s own flaws that didn’t made it to mainstream though I can’t explain it here.

      12. Ryan Says:
        January 25th, 2008 at 10:10 am

        Actually DRM is pervasive in the mainstream without people realizing it. Song bought on iTunes are the biggest example.

        DRM fails because it gives restrictions on something that you’ve bought, ie you can’t play the same mp3 across different computers, music devices etc. which is ludicrous since you already put down some coin for the file.

      13. Ripappany Says:
        February 17th, 2008 at 11:47 pm

        The half had tendencies unerringly the excellence to the waist. I would ach and think about mutual things; soccer, music, films, what I would do at the weekend.

      14. holyfreak Says:
        March 17th, 2008 at 10:48 am

        well piracy is global it’s like a drug that you don’t know where it’s coming and how to stop it because thers’s a lot of free music sites that you can download the whiole album for free so why bother buying CD’s that’s what the reason of others they don’t care about the artist and the industry as long as they download the album for free that’s it and its hard to change the system it’s a looooooooong battle that never ends about piracy i feel sorry for the artist who made a huge effort for there album and in 1 blitzz it’s been pirated or shared.to free music sites….tsk tsk tsk.. if i could only bring back the old days where all Vinyls are using…..

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    Guttervomit v3 went online in January, 2008. It uses Wordpress for publishing, and was built largely with Adobe Illustrator and Textmate. Logotype and navigation is set with Interstate.