scarecroe said:
I don't see how it's the flip-side, it's the exact argument I'm making. Those who are downloading the episodes haven't purchased the product; otherwise, what are they downloading it for? Hence one less DVD that won't show up in sales charts.
I said "wouldn't", not "didn't". If the download wasn't available, they still wouldn't have bought the DVD. There's no sale there no matter what.
Sure there is, it's all over the news. Didn't you hear that some dude was just fined 6 figures for making The Hulk available for download on the Internet? Additionally that the industry is now pressuring the courts to get IPs from everyone who has used P2P programs to download music and that they're talking jailtime. Not just fines, jailtime. Perhaps that will be a little incentive for these kids who think they have a "right" to steal media.
That's not evidence, that's FUD. Yes, CD sales are down. They've been decreasing steadily for years, partly for the reason I mentioned. The industry wants us to believe the falling sales are due to downloaders - they probably believe it themselves - and I don't deny that it has
some effect, but it's neither the only cause nor the main one. Anecdotal evidence indicates that downloaders actually buy more CDs - the "try-before-you-buy" effect.
Another major reason for falling sales is simple: customers don't want what's on offer. I have bought exactly one new CD in the last twelve months (the 25th Anniversary disc
, and numerous second-hand ones. This is nothing to do with it being possible to download CDs, it's simply that *nothing* currently in the high-street retailers appeals to me. There's a vast amount of stuff I'd like to buy - I need to replace my ageing cassette collection as well - but I can't, unless it turns up second-hand. And some of it was never released on CD - heck, some of it was only ever released on vinyl!
The guy who put "Hulk" on the net got picked up because he was stupid enough to leak a pre-release copy from the ad agency where he worked. Big publicity, that one
Right now, all the RIAA has are a list of IP addresses and usernames. Their next step is to force the ISPs to turn over real names and physical addresses of their customers. This can apparently be done with a simple application to the clerk of the court. No police, no judge and no due process required. Ain't that great? All it takes is the suspicion that Joe Q Public *might* be making copyrighted material available illegally. They have a list of filenames. That's not proof - witness the cases where universities have been fingered for hosting 'OpenOffice' and some pillock thought it was MS Office...
Once again, IANAL, but this seems to me to be shifting the burden of proof onto the accused, not the accuser.
Anyway, as I said, I don't condone downloading. On the other hand, I object to the RIAA's heavy-handed tactics. I'm pleased they've finally seen sense and started going after the people who are actually making these files available, rather than trying to kill off perfectly legal - and useful - technologies. I just don't like the way they're going about it, nor do I like them calling it "theft". They could at least get their definitions correct, but I guess that wouldn't make for such a good sound-bite...
The BPI - which is the equivalent organisation over here - are taking the "educate, not litigate" approach, much as the MPAA are currently doing in the US. I believe they'll come down like the proverbial ton of bricks on anyone actually selling material, of course