[IP] Same as it ever was
Begin forwarded message:
From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Date: May 28, 2005 8:52:21 AM EDT
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Same as it ever was
Reply-To: dewayne@xxxxxxxxxxxxx
[Note:  Salon's take on the EliteTorrents FBI takedown of earlier  
this week.  Worth reading!  DLH]
Same as it ever was
George Lucas can sleep easy tonight. The FBI saved "Star Wars" from  
the evil rebels of the Internet file-sharing alliance.
By Andrew Leonard
<http://www.salon.com/tech/feature/2005/05/27/bittorrent/index.html? 
source=RSS>
May 27, 2005  |  Haven't we seen this rerun before? A particular  
version of file-sharing software becomes popular. The entertainment  
industry starts paying attention. Lawsuits begin to fly. A few people  
get their fingers burned, and then we do it all over again. Napster,  
Kazaa, Grokster and now BitTorrent -- the names change but the story  
doesn't. The software will get better and the busts will get bigger.  
Same as it ever was.
The latest news in the file-sharing wars was delivered via a press  
release from the Department of Justice with all the solemn  
portentousness of an announcement that a major terrorist had been  
captured. "This morning, agents of the FBI and U.S. Immigration and  
Customs Enforcement (ICE) executed 10 search warrants across the  
United States against leading members of a technologically  
sophisticated P2P network known as Elite Torrents."
Ho-hum. It's not as if we didn't see this coming. Yesterday's big  
bust was inevitable from the moment the first geek gave BitTorrent a  
test drive, painlessly shared a huge file, and thought, wow, this  
works pretty well. BitTorrent is a fantastic way for Internet users  
to share the job of transferring huge files back and forth. But it's  
also a tool that, so far, has made little pretense at offering  
privacy. Those who upload and download files -- and given the way  
BitTorrent works, pretty much everyone who uses the service is doing  
both at the same time -- can be tracked. But naturally, every bust  
like yesterday's only encourages more programmers to try to figure  
out how to make it less easy to trace who's using the software.
What precisely prompted this most recent crackdown? Given the  
suspicious timing, it appears to be the horrifying news that "Star  
Wars: Revenge of the Sith" was being made available six hours before  
it started appearing in theaters, and that all told, some 10,000  
copies were transferred before the authorities quashed the rebels. As  
of Tuesday, "Sith" had only raked in some $339 million worldwide, so  
something clearly had to be done. After all, "Internet pirates cost  
U.S. industry hundreds of billions of dollars in lost revenue every  
year from the illegal sale of copyrighted goods and new online file- 
sharing technologies make their job even easier," said Michael J.  
Garcia, Homeland Security assistant secretary for immigration and  
customs enforcement.
Hundreds of billions! Wow! It's amazing anything gets produced at all  
in Hollywood or Silicon Valley with those kind of losses! But hang on  
a sec. Come on. Please. The very idea that the people downloading  
"Star Wars" to watch on their computers might somehow be dissuaded  
from shelling out for the movie in theaters is so ludicrous that any  
movie studio executive who even hints at believing it should be  
locked up in a stockade and forced to watch nothing but Anakin  
Skywalker/Queen Padme love scenes in a permanent loop. OK, I confess,  
I don't have quantitative evidence to back this up, but I'll lay good  
odds that the Sith-stealing fanboys at EliteTorrents are the exact  
same people who will see the movie multiple times on the big screen,  
buy the DVD, own at least one light saber already, and otherwise will  
work all their lives to ensure that George Lucas' descendents live on  
easy street throughout the 22nd century.
Here's a news flash, folks. Call it the First Law of Piracy. The most  
popular albums, movies and TV shows are precisely the ones most  
likely to be shared on the Internet. It is a sign of success, not  
failure, that the demand for "Sith" was so high. And while we're at  
it, how about a Second Law: The First Law will be true for all time  
and there is nothing that entertainment industry executives can do  
about it, no matter how many lawyers they throw at the problem, no  
matter how many fines are assessed, no matter how annoying the  
digital rights management schemes they come up with, or how many  
times Congress and the judiciary kowtow to their bleating. Any  
phenomenon that hits big in the culture-at-large will be copied and  
shared online. Which leads us to the Third Law: This isn't about  
right or wrong, legality or illegality. It just is.
I'll tell you who the most bummed-out people are today, excluding  
those whose doors were knocked upon by FBI agents. It's not the would- 
be movie stealer, desperate to avoid paying $10 at the theater. It's  
the person who missed "American Idol" last night, or the season  
finale of "Lost," or the second part of a two-part "West Wing" rerun,  
and is now freaking out because he or she is terrified that plugging  
the words "Lost" and "BitTorrent" into Google will be laying out the  
welcome carpet for a posse of federal officers.
It should go without saying that these are the same people who'd  
likely be happy to cough up a few bucks if they had the ability to  
head over to some iTunes-like service and dial up the show they  
missed. If iTunes has proven anything, it is that the existence of  
widespread piracy points directly at a marketing opportunity. Where  
there is desire, there is money to be made.
Well, to all those bummed-out TV fans, all I can say is, have  
patience. Your day will come. Soon. Our future will be one in which  
everything we want will be available to us at a low enough price to  
seem worth paying. Because that's the only way the entertainment  
industry is going to survive.
This may mean that there is less money to be made overall by the big  
studios and the mega movie stars and the platinum pop artists. Tough  
noogies. Average real wages are falling in the United States, most  
likely as a result of intense global competition. Share the pain,  
folks! The same factors that make it possible for an Indian  
programmer in Bangalore to compete with one in Silicon Valley -- the  
Internet, high-bandwidth telecom lines, the easy ability to share  
digital information -- make it possible for entertainment consumers  
to gain access to whatever pleases them, quickly, cheaply and  
unstoppably.
[snip]
About the writer
Andrew Leonard is a staff writer at Salon.
Weblog at: <http://weblog.warpspeed.com>
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