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RIAA: “Misinformation May Be a Dirty Trick, But It Works.”

For years the RIAA has tried to convince the world that piracy is killing musicians.

Supported by bogus statistics and mistruths, they lobby politicians to pass draconian anti-piracy laws including SOPA and PIPA.

Until a few weeks ago the music group thought it had Congress it its pockets. But this changed when the Internet started to revolt, led by major sites such as Wikipedia and Reddit.

Responding to this backlash RIAA CEO Cary Sherman wrote a piece in the New York Times today. While I considered to respond to it in detail, pulling just one quote was more fitting.

“Misinformation may be a dirty trick, but it works,” Sherman writes.

Indeed, in a sick twist RIAA’s boss accuses the tech lobby of foul play, backing up his accusation with hundreds of clearly biased words.

But it works of course….

In my own biased opinion, the real problem is that outfits like the RIAA don’t work for the artists. They work for the giant record labels that exploit the copyrights of artists.

Those who take a good look at what’s happening in the music business will see that more money is spent than ever before. The big labels just aren’t getting as much as they want.

Jeff Price, Founder and CEO of the major music distributor Tunecore (tagline: sell your music, not your soul) sums it up nicely:

“The RIAA and its members are the voice of what the industry was, and an ever-shrinking part of what is. Stop fighting it and find a way to work with it before you are the odd man out.”

“There is no argument that the person or entity that control the copyright (be it an artist or a label), and only the person or entity that controls it, should have the right to do with it what they want.”

Price also points to a quote from Casey Rae Hunter, the Deputy Director of Future Of Music Coalition who wrote:

“Artists have every right to be wary when powerful entertainment conglomerates push for policies that could undermine free expression, all the while claiming to speak for creators.”

Indeed, the RIAA is nothing more than a spokeshole for the people who pop the champagne when an artists signs away its copyrights in a bad deal.

It’s not a coincidence that the CEO of the RIAA is a copyright lawyer, not a musician. Or is that misinformation too?

This post is from the News Bits section of TorrentFreak where we present stories from around the web in a concise summary format. Full TorrentFreak articles can be found here. If you have a tip please let us know. News Bits have their very own RSS feed
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  • Anonymous

    This arrogant son-of-a-bitch derides the anti-PIPA/SOPA movement, but what he fails to realize is that the US government is supposed to be “By the people, for the people, and of the people”. Note the word “people”, not “corporations”. Now, I know all about the sick notion that “corporations are people too”, but that’s exactly the problem. Congress should not be doing the bidding of corporations, plain and simple. They are supposed to represent the US citizens!

    As far as “Misinformation may be a dirty trick, but it works”, Sherman was not defending RIAA’s tactics; he was claiming that the anti-PIPA/SOPA movement was guilty of a misinformation campaign. Oh, boo-hoo.

    • http://www.twitter.com/echoman74 echoman

      I recently watched a series of youtube videos on a subject called “corporation” it’s 24 parts and gets into detail about corporations and how it all works. plus I’ve been studying books etc. Getting ready to open a company soon anyway my point is a corporations consist of atleast 4-5 people which equals a person to a corporation.

      But i believe many people especially the big super corporate scum we all know and hate abuse it. These people don’t deserve shit yet the public pays for these products. We all should boycott the riaa and look to each label and tell them 1 by 1 by 1 how he scums arounds and whichever companies wish to leave the riaa will be a great wins for us all. The rest we can simply boycott I truly believe not all companies under riaa are bad. Riaa like Mpaa are just watchdogs. let the usa lead and the rest of the world can go after watchdog organisations like ifpi and cria etc. hopefully companies will listen.

      • Abunchofgibberish

        You’ve actually got a good grip here on what sort of action should be taken.

        The only way to make any sort of change to the way content industries are run and governed (namely the music and movie industries) is to stop purchasing content that is created by or in association with the RIAA or MPAA. AND STOP PIRATING IT.

        The RIAA likes to [erroneously] tell people that the musicians and labels are losing money when their content is pirated, because people *do* pirate it. By downloading their content, you show an interest in it. Unfortunately, the RIAA and its affiliates still view this as a lost sale, so the only way to eliminate this perspective is to stop buying, supporting, listening to, or downloading the mediocre music that is released on major record labels, or any label that is a member of the RIAA.

        • fed up with feds

          Your theory would be sound, except for one problem: IF people flexed their buying power AND stopped Downloading (i refuse to call sharing pirating.. pirating means you are selling it for profit btw) the ‘industry’ would just blame the further loss of sales due to boycott on ‘piracy’ that isnt even happening anymore, further spreading misinformation.. Its not like they have ever built a case on ACTUAL numbers.. Whats to stop them from CONTINUED lying about it?

        • ZiggySig

          I’ll have to agree with “fed up with feds”. Also, it isn’t just calling artists, and music “mediocre” only because they are signed up to labels, and are being represented by RIAA. I have loads of artists I like, and want to support, that are signed up to labels.

          Far greater alternative would be to encourage artists to break the ties with their labels. Just tell your bands how you feel about the situation. Not everyone will understand, since everyone has his/her own experience, business mindset, but it’s a good start to have a dialog, and explain how bad the artists’ representatives make you feel. If not breaking ties, at least artists could fight for more transparent representation, hence, maybe even have an impact on the future of these damn labels.

        • http://gene-poole.tumblr.com Gene Poole

          @fedupwithfeds

          Actually, it’s okay to refer to filesharing as piracy in this day and age. We’re taking back “pirate.” It’s our word, and we’re not going to let them define it for us. I’m proud to be a pirate, if this is what piracy is.

          Since we can’t correct the definition of pirate, might as well go with it. I think that’s what the Pirate Party was based on, in part.

        • CharlemagneHarlequin

          You’ve touched on something I never considered before.
          Disrupting the Pipe-line of the corporations’ income streams.

          Neither purchase NOR Pirate… interesting. all this time I pushed for my right to do whatever I want, but i think you’ve got a good idea there. That’s some -Ron_Paul_Level_Awesome- thinking… Why the hell can’t I say this without sounding sounding sarcastic.
          All super-wealthy people make money by creating systems, not by working hard, but creating pipe-lined income streams. The only way to hurt corporations is to upset their pipeline. Don’t buy, don’t let others buy, don’t even steal, give them no quarter, and no recourse.
          Tea Party SHOULD’VE been doing this, but they’re a bunch of bourgeois dumb asses who are just prettier and slightly smarter than average but still dumb as sheep following an Alaskan Sheep with questionable motives.
          I however will follow Ron Paul to the Depths of HELL. Only the MEDIA seems to think he’s behind instead of smashing the hell out of everyone publically while disarming their logical fallacies and straw men and ad hominem attacks.

          If America falls, it’s the fault of the people for believing systems work without upkeep and fail to administer a little bit of the old ultra-violence when power-brokers resist regime change.

          Still awesome Idea, very fundy compatible too, which is good, because they are legion. I used to be one, so I know what I say when I say that using Jesus in an explanation about dismantling “evil” regimes such as RIAA and MPAA and their hypocritical and illegal shenanigans is probably most successful when you can apply anything he said directly to a situation…

          I’m thinking along the lines of “don’t just act like you’re good, Be good even when you think you aren’t being watched” christians eat up the message of having integrity.

          I speak of course of not pirating, cause being Christian didn’t stop me.
          I might be dragging unnecessary weight into the equation, just thinking out loud here, your idea REALLY inspired me… Thank you.

          I reread this whole thingie, and man do I look batshit insane. Which is good, because I hate normal, I just hope I can help fan the flames of bloodless revolution (bloodless if possible.. I jest of course please don’t kill anybody or they can get REALLY draconian laws to screw us all even worse. instead pull a jesus or a ghandi, no blades, no bows, leave your weapons here, robin hood…),

        • MAFIAA

          RIAA and MPAA have always been dirty.

      • http://www.wraithtdk.com Matthew Young

        Boycotts are good, but there is a second ESSENTIAL part of the process that must be followed, or a boycott is useless: the people boycotting must spread the word, both to the public and those they are boycotting, THAT they are boycotting and WHY.

        The goal of a boycott should be to send a message. To let those being boycotted that what they’re doing is not only unacceptable, it’s going to cost them. The trouble is, if all you do is stop buying the RIAA’s product, they’re not going to look at the shrinking numbers and say “uh-oh, we better mend our ways!” They’r going to TAKE those numbers, turn them around, and tell the public the low numbers are due entirely to piracy. That new album isn’t under-selling because people are taking a stand, it’s underselling because the pirate bay is giving it away for free. Not only is the effort then wasted, it actually BACKFIRES.

        So if you want to boycott; by all means, do so. But my suggestion is this: buy an album, for FULL PRICE, from a non-RIAA label, and then send a letter to an RIAA label saying “Dear Sir or Madam, please find attached a receipt for the album I recently bought. I would have gladly spent that money on your company’s recent release [insert recent release tittle" had it not been for your recent actions [insert recent stunt]. When you get the sales for those numbers, I hope you’ll remember that THIS lost sale had nothing to do with file sharing.”

        • Anonymous

          Excellent, mate, thanks for the suggestion. I’ll be trying this out right away.

      • Anonymous

        http://black-march.com/

        In case you missed it, your not alone with your calls for a boycott (one I’ve followed for years via secondhand sales though March will be the exception this year =) ).

        Hopefully people will be on the lookout for false information about good sales figures from those being boycotted upon as a means to kill the protest through “misinformation”.

        • http://gene-poole.tumblr.com Gene Poole

          I still don’t think deliberate boycotting is the answer. You need to go after the people that MAFIAA is influencing, not the MAFIAA themselves. Boycotting simply lends credence to their claim that they’re losing money to piracy, especially when sales drops but filesharing is constant.

          Vote with your dollars, but don’t deliberately withhold your dollars if it’s a product you want. Frankly they’re doing enough damage on their own, without you having to try to kill them. Doing so will only vilify your cause. Just take your business elsewhere.

          It might sound like it’s a matter of semantics but it’s not. supporting indie artists is different from holding back your money for major productions that you want but won’t pay for.

        • Anonymous

          @Gene Poole

          “Boycotting simply lends credence to their claim that they’re losing money to piracy, especially when sales drops but filesharing is constant.”

          The boycott is for both purchases AND copyright infringing downloads, as such both should (success or failure depends on participation numbers etc.) drop dramatically and render such a claim moot (though it again won’t stop them from claiming the contrary as this very article on TF demonstrates, fudging figures or even initiating downloads themselves wouldn’t be beneath them).

          “Vote with your dollars, but don’t deliberately withhold your dollars if it’s a product you want.”

          For Independent artists/publishers who make AND sell their own work I’m more than happy to make a purchase from them (others are as well, just look at the success from Minecraft); for others they made the choice to use a pro MAFIAA organisation (be it Sony, Activision, Warner, Electronic Arts or *shudder* Ubisoft) so they have only themselves to blame for any loss of sales earnings from myself (their choice, their loss).

          “Frankly they’re doing enough damage on their own, without you having to try to kill them.”

          Year on year record breaking profits (and corresponding ‘lobbying’ amounts) begs to differ.

          “Doing so will only vilify your cause. Just take your business elsewhere.”

          I fail to see how I as a consumer choose to spend MY money on purchases villifies any cause, voting with ones wallet is the only form of protest that actually means anything these days (the farce that is democracy for those in America stands as the most obvious supporting argument). How long that lasts though is dependent on events in Europe (Portugal, Italy, Iceland, Greece, Spain).

          “It might sound like it’s a matter of semantics but it’s not. supporting indie artists is different from holding back your money for major productions that you want but won’t pay for. ”

          Wanting something does not mean I have to support the business model that comes with the product. By my choice of discretionary spending to either purchase direct from independents or go via alternative means for the hard liners on copyright I choose whether to support each business model that come with them.

    • Saturnstarinc2

      Realize you that corporations employ and are made of thousands and even millions of people? But even more people are without the corporations. Don’t like the corporations? Shut ‘em down. If everyone boycotts then they will crack like an egg. Stop complaining and start stop buying. I’m sick of hearing large groups whining about how corrupt everyone is and not doing anything. Shut down the corrupt corporations! And start by being fair yourself. And learn what all those “legal words” mean before you sign a deal and you won’t be bamboozled. The person getting scammed is about 33% at fault for falling for it.

  • fed up with feds

    Good point Heterodox (“As far as “Misinformation may be a dirty trick, but it works”, Sherman was not defending RIAA’s tactics; he was claiming that the anti-PIPA/SOPA movement was guilty of a misinformation campaign.”)

    However, what is not stated is that it is not true. The Anti-SOPA/PIPA movement is a direct response to the falsehoods that the ‘industry’ pushed onto the government in order to purchase favorable legislation, in a vain attempt to lock down all content, and end up with a stranglehold on our beloved information pathways..

    Not on our watch…

  • Anonymous

    Feds are secretly monitoring people without warrants (witch-hunting), and if they find something worth pursuing, they use backdated warrants (which is technically illegal), but we (the public) cannot prove otherwise.

    This is what they did in MegaUpload’s case. They were secretly monitoring Kim Dotcom (and logging his communications) for years without warrants, and when they had built up sufficient evidence, they launched an official investigation based on illegally obtained warrants. Judges, politicians, feds — all paid by and working for the MAFIAA.

    You think the CIA follows rules? They are free to do anything they desire outside of laws, and the FBI being the “domestic” version of the CIA, is also doing the same. They’re playing a dangerous game and it’s the American citizens paying the price.

  • Anonymous

    Having just watched this video and learned about Operation Northwoods, I have no doubt in my mind the intentions of the U.S. Government and the American corporations (including the MPAA / RIAA).

    http://youtube.com/watch?v=jl2JQfxnnHU

    http://wikipedia.org/wiki/Operation_Northwoods

    It’s an absolute eye-opener. Americans will go to any lengths to make money.
    No wonder the USA is known as the most capitalist country in the world.

  • Anonymous

    If you use MSN Messenger, AIM, Gmail, Skype, Hotmail, Yahoo! Mail, Facebook, PayPal or any other service provided by an American company, remember, the FBI / DOJ / ICE (Feds) have access to it.

    All your voice and chat messages and emails are logged and stored indefinitely (even after you hit the “Delete” button). Have you ever read Gmail’s email retention policy? Look it up.

    BOYCOTT AMERICAN SERVICES !!!

    • Abunchofgibberish

      You’re worried about Microsoft, AOL, Google, Facebook, eBay, and whoever runs Skype these days?

      If you’re actually worried about this sort of thing, your ISP should scare the shit out of you. You’d never be on the internet again if you both A) really cared, and B) knew the sort of tabs they keep on you as mandated by law.

      • Colin

        I seem to recall Micro$oft buying Skype last year.

      • Anonymous

        My ISP (of which I am also an employee) is required to delete data after 3-6 months (depending on billing schemes), and no data other than those required for billing may be stored for this long. Any additional data being stored has an even shorter lifespan.

        But then again I live in a country with privacy laws.

    • chameleon

      could you stop spamming that crap on EVERY SINGLE article on torrentfreak like you did for the last week or so? idiot..

      • JoJo

        Hi fed having a good day? Trololol

      • Anonymous

        I wouldn’t mind if they paid attention to my reply to one of those spam messaged and tacked on a list of non-American alternatives so as to not make people go without in said boycott/cancellation of services.

  • Alyssa Blindy

    He just doesn’t get it. How other sites all over can go down due to SOPA and PIPA. Do you want the red scare, but with copyright? Didn’t think so. He doesn’t get it, and I see that from the article.

    • http://gene-poole.tumblr.com Gene Poole

      I think it’s pretty clear that he gets it…he just doesn’t want YOU to get it…or to get that he gets it.

  • stonecarver

    Think back to WHERE you saw the download links for limewire ,Kazaa ,bit torrent and DRM removal software ,do you remember? That would be Cnet or ZDnet owned by CBS-Viacom with partnerships and of course download PARTNERSHIP links to ALL of the big boys behind SOPA, PIPA, ACTA and bill C32 !!! Now these charming folks along with their “politicians in waiting” are now importing the next incarnation of this draconian sudo-legal hodge podge bill C11 North. Think !! Who was it that gave step by step instructions on how to use this software using COPY WRITTEN music and movies/tv shows as examples ? Who was it that demonstrated the effectiveness of these very programs in side to side comparisons once again using COPY WRITTEN music and movies/tv shows as examples ? And last but no means least Who was it that hosted reviews & blogs extolling the comparative virtues of all of these EEEvillle file sharing programs ? Why that would be our usual suspects Cnet, CBS-Viacom, Disney , AOL ,MSN ,NBC and all of the rest of the delightful cabal. Just a thought but by distributing and providing step by step instructions on effective use of the file sharing software and DRM circumvention, according to the very laws being used to arrest every one from teenagers to Mega-upload wouldn’t that make this delightful cabal just as guilty if not MUCH more so ?

    Also wouldn’t providing the tools necessary, step by step instruction, comparisons and ongoing encouragement be legally regarded as IMPLIED CONSENT or at the VERY least entrapment? Just askin. It would seem to me that the first stop of call for artists to receive (MUCH deserved ) compensation would be the media companies that worked so hard to create, distribute,and encourage the very file-sharing tools they now decry

    So to sum up after SOPA ,it’s evil twin PIPA and any politicians or companies supporting them were given a reception much like a porcupine in a hot tub.The very groups that originally provided the tools necessary, step by step instruction, comparisons and ongoing encouragement for citizens to download and use media from the internet have brought their act north (with of course arm twisting by the VERY government down south that had their asses handed to them for this VERY same thing ) and are now pushing the government of OUR country into handing over defacto control of the net and arranging to incarcerate ANY of OUR citizens for using the VERY tools they worked so very hard to get into use … Am I missing anything ?

    • Anonymous

      Does your mother know that you’re watching youtube videos of loud, overly joyful, bearded men with ascot caps?

  • http://torrentfreak.com/ Rob8urcakes

    The RIAA knows all about how effective misinformation is, because it’s a tactic they themselves have been using proficiently for DECADES – and undermining competitive markets (such as new tech, indie labels, etc), as well as undermining and unfairly influencing our democracy through the political process.

    The RIAA is a 21st century corrupting influence that is poisoning the body politic and it must be treated – either with surgery, or with a radical change to our laws of copyright.

    The mere fact that they refuse to listen to their consumers AND their own clients (ie the artistes themselves), is sufficient enough evidence for me that they do NOT represent the interest of performers.

    The RIAA merely represents the interests of control over the artiste’s original works through an unfair ‘business’ contract that allows copyright to be transferred from the original rights holders to “a label” or other corporate entity.

    So it’s the law of contract, and the law of copyright that politicians need to fix. But that is no longer possible as the RIAA year-on-year spends millions of dollars in “donations” to our politicians.

    It’s all rather corrupt I’m afraid – and consequently our very notion of democracy is seriously at risk in the USA. There does need to be a thorough clean-up in US politics State by State Nation-wide.

    • http://profiles.google.com/zerianis10 Christopher Kidwell

      Yes, it is corrupt. We need to B A N all donations from anyone who isn’t a living citizen of the United States to politicians and ban any TV spots being bought by people ‘unconnected’ to a politician that might boost a certain politician.

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  • Tesla

    Interesting how he refers to the counterfeiting of drugs.
    I get the copyright infringement…but how is there any comparison?
    Media trying to ride the coattails of a serious crime.
    They really need to get their own soapbox. Separate issues. One affects the health of people, the other affects the questionable wealth of non-creative greed ridden extortionists.
    And even though they are related issues with one very seriously different outcome..they both appear to be caused by extremely similar reasons.
    I’m curious, when was the last time a terrorist reaction to illicit viagra sales took place?
    Fascinating perception of values..absolutely fascinating.

    • Anonymous

      counterfeiting drugs is not a serious crime, it is to save lives.
      but of course the pharma concerns don’t like that, they rather poor people die than lose their profits.

      • Tesla

        I agree , thats why I pointed out that the cause is the same.
        But unfortunately in some cases lives are damaged or lost, this makes it serious.
        I have no problem with people taking upon themselves to help spread the cheaper grey market drugs, although this can also create some problems.
        As I said the reasons for people doing this are the same as the spreading of files.
        If you read any of my previous posts you will see that I am very clearly against the patent and copyright laws as they stand and very much against the greed which causes oppression and poor living conditions of many.
        I was simply trying to point out the one big difference between the penalties and methods used in capturing someone like K.Dotcom who inflicted zero injuries versus the complete lack of said methods on those selling fake drugs that have in fact caused further illness in some cases.
        To take it a step further, I am 200% for punishing the drug companies for withholding the sales of some of their products in many countries as well as the severe taking advantage of many of the people in need by overcharging.
        It also seems obvious to me that they really only care about profit.
        In Canada most of the drugs that are seriously needed to save lives are subsidized or completely paid for by the govt eliminating the need for most to attempt to buy fake or useless drugs. This is not the case elsewhere and the grey and black market step in, and in several cases this move is actually supported if not instigated by the drug companies.
        As I have indicated so many times, why do they have to be so greedy, why can’t they help those in need for the simple sake of helping, they can afford it. I already know most of the reasons why, some are political, most are the greed factor, some are even racist.
        To me this entire scenario is far more serious and dangerous and does put lives in jeopardy. For this they should be held accountable, not the grey and black market. With of course the one exception being anyone that sees fit to sell versions of the needed drugs that are actually fake or laced with dangerous chemicals.
        My point was also that these two areas of patent/copyright need to be separated because they do have different results.
        To even consider that copying a drug to help people is anything close to copying a song or movie is pathetic and in my opinion should not be in the same conversation. And should never be considered as something to vote on with the same pen on the same piece of paper. One is medicine, one is culture. One is a necessity the other is desirable but we can continue to live without it(bored though)
        And for that pinhead to refer to it shows me that he is happy to have people vote on one, and be forced to accept or deny the other, this is wrong.
        Do either one deserve a terrorist reaction when discovered? I don’t think so, not unless the drugs are being marketed by a murderer with the intent to cause illness, injury or murder.
        I am not including any links to prove my issue here because all that I have read so far is biased and seemingly minor and in most cases difficult if not impossible to prove that people died.
        Separate the two issues and pursue differently.
        This is like cars are killing people because they have radios in them…..ban radios and cars..sign here__.
        I do hope I was a bit more clear this time..

    • Anonymous

      “I’m curious, when was the last time a terrorist reaction to illicit viagra sales took place?”

      Obviously Bin Laden’s vendetta against the west must have been inspired by his disappointment over a badly cooked batch of pirated viagra bought over the internet. If we are to believe what Mr. Dodd would no doubt have to say.

  • http://profiles.google.com/zerianis10 Christopher Kidwell

    Misinformation when you are testifying in front of Congress is also a criminal offense with 30 years in prison…. think about that RIAA nitwits before you start your ‘misinformation’ the next time.

    • http://twitter.com/erikqj Erik Q.J.

      Only if you _don’t_ own Congress. If you _do_ own Congress, then ‘misinformation’ is whatever you don’t agree with.

  • okay

    This is sickening.

  • Anonymous

    Here is a big Middle Finger Salute to the RIAA and the MPAA!
    anon-puter.tk

  • http://twitter.com/Mathew30 Mathew Lisett

    MPAA chris dodd admitted and being blatent about paying off those that pass their bills whilst lying about how piracy effects the industries, and now the RIAA being blatent about it aswell. when the hell will they be held accountable for thei actions and brought to justice.

  • Farmerfc

    Chris Dodd eventually dies and finds himself at the “pearly gates”
    where he is met by the Lord
    The Lord says,
    Chris, about this playing God thing, I actually have a copyright on that.

    (I, F.C.Farmer, originator of this observation, hereby release it into the public domain.)

    • Anonymous

      Actually, that’d probably be St. Peter going “Mr. Dodd, we’re filing an injunction against you due to infringement on the licenses and trademarks belonging to and registered under the Realms Divine…”.

      Unless Dodd has been peddling bibles on the sly I doubt that “Copyright” is the breach of law involved there.

  • Farmerfc

    It is hard to understand how the press which hit Nixon like a shark swarm over the small mistake he made can ignore when someone like Dodd admits, in a public fourm, to moving money to politicians with strings attached and then yanking them in ways contrary to the public interest. Some might call that influence peddling, or graft, or corruption, or worse. And it is on a massive scale.
    Point: on this scale is the RICO thing not appropriate?
    Where are the reporters? Where is the public outcry — well I guess there is public outcry, it just seems the press is doing their best to ignore it.

  • http://twitter.com/coolwater101 coolwater101

    It is a catch 22 situation for me cause I am an artist my self. But I also want control of my works and the music industry is not known for being friendly to its artist when they create 360 deals to gain control of all the works.

    http://atlantamusicartist.com

    • http://gene-poole.tumblr.com Gene Poole

      Fact of the matter is if you’re an artist, the RIAA is not your only choice any longer, you can distribute via the internet and be successful. Look at author Cory Doctorow, who releases all of his ebooks for free online via creative commons license at the same time that his hard copies are sold in stores. In his words “An artist’s greatest concern isn’t being ripped off, it’s anonymity.” You don’t make money if nobody knows who you are. filesharing doesn’t make you any money directly, but it gets your name out there and expands your brand.

      Don’t think authors are pertinent to the music industry? Try Radiohead. They released an album under the “pay what you want” scenario, and made more than they made under any other album. Not because it sold more copies, but because they saw more profit since they had to share it with less people (no middlemen).

      Still not convinced because you’re not famous, like Radiohead? Look at MC Lars. pretty much still a minor name, who’s had a successful career as an artist, because he sees music as a service. Record the album, get it leaked on the internet (whether you want it to or not), and you see minimal profits there…but you do get more people who have heard of you. They can pirate music, but they can’t pirate tshirts…concert swag…or for that matter, the concert experience. Pirate his album, he says, but share with your friends, and come see my show if you like it.

      The industry is changing, and the RIAA isn’t necessary, since they have virtually no internet presence, they can be ignored. They don’t care to market to the internet, so who cares what they think about the internet. You’re off to a good start linking to your music when you post, but you could be doing much more in getting your name out there, and a good start might be releasing pro-bono work. The internet respects acts of goodwill, and tends to reward it.

    • Anonymous

      There is one and only one way to be in control of information – be it art, software, or political opinion – keeping that information secret. Once you voluntarily reveal it, expect all to benefit. Thomas Jeffersson had a famous quote about the “ownership” of ideas.

      What you can be in control of – what human nature acknowledges – is the paternity right. The right to stand as creator. Creative commons, unlike most copyright implementations, actually works largely as intended.

      Copyright law, since it’s inception, has only ever been a weapon for use by powerful institutions against single creators. A way to appropriate “ownership” over even that of the artist.

      What you can do is be in control of your name and reputation. And that in turn is what gets you fans and an income. The rest is so much smoke and mirrors.

  • Anon

    your headline is SERIOUSLY misleading. you’re taking the quote out of context and implying that sherman used it in reference to RIAA tactics, when he’s using to talk about anti-SOPA protesters. as an aside, i completely agree with the rest of your article, but we’re the ones that start engaging in misinformation when you pull shit like this. I love torrentfreak to death, and I’ve come to expect way better from you guys.

    • http://gene-poole.tumblr.com Gene Poole

      Try reading the article. Ernesto makes it perfectly clear that they’re using the quote to refer to Wikipedia, while using misinformation in the rest of the article. But rather than fighting every bit of misinformation, the whole article can be refuted using his own words.

      The actual headline doesn’t mislead at all, it states exactly what he said. It doesn’t state “RIAA: Our corporate stance is that misinformation may be a dirty trick, but it works.” The headline is inflammatory, sure, but that’s the fault of the guy who said it, not Torrentfreak.

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  • Bird

    Pay to Play is what is killing musicians and music not downloading.
    Every club on the Sunset Strip exploits young musicians every night of the week.

  • Anonymous
  • Goest

    i wish i could read ernesto in the NYT, and sherman on an internet blog… rather than the other way round. because people around here are already convinced.

  • Patternguru714

    I’m anti-SOPA and anti-PIPA, but there’s some odd logic here. If your article is regarding piracy, it needs to consider that it’s not simply the 3 large labels claiming losses. It’s the independents, the small labels, the large and the small artists alike. Even Skrillex, who’s the only one who’s made it big since this issue’s arisen, and who gives away many tracks for free, implies they need protection so they can continue without their art being sold for personal profit by others such as Dotcom. We can all agree that labels’ sole purpose and intent is to make money, yes? If that’s the case what would be the point of them spending millions to fight piracy if the “other research” proving the opposite is true? This and many articles imply their motivation is some sort of emotional vengeance instead of dollars. If the “piracy is good” or “piracy affects nobody” research is even slightly true, the hundreds of parties involved in music would spend smaller dollars to go in that direction. Doesn’t that seem more logical in capitalism? They don’t think they’re Batman, they think they’re capitalists. Articles implying “Piracy doesn’t affect sales” or “Pirates actually buy more music” paints public companies spending millions on an emotional vendetta. Many label-heads are jerks. Many are immoral. Most might only be out to capitalize, and in fact in the USA have a stockholder responsibility to do so. This negates the possibility that “other studies” show piracy is loss-less, doesn’t it?
    It might be better to keep arguing against draconian measures such as SOPA in these articles instead of utilizing flawed arguments for piracy in same.

    • Anonymous

      “…so they can continue without their art being sold for personal profit by others such as Dotcom.”

      Let’s start by drawing the distinction between commercial piracy and noncommercial infringement shall we?
      When it comes to culture and entertainment, every enthusiast prefers the original if it’s within a decent price range. That’s solidly established.

      Commercial “Piracy” means someone takes a copy of your work and sells it, pretending to be representing you. Not only does this do harm to your brand name, it is also a clear case of fraud. You will find no “pirate” here who agrees that model should stand as legal.

      “If the “piracy is good” or “piracy affects nobody” research is even slightly true, the hundreds of parties involved in music would spend smaller dollars to go in that direction. Doesn’t that seem more logical in capitalism?”

      The research is very solid. But there is a good and valid reason why most labels and corporations don’t go in that direction.

      First of all, through history you will find very very few corporations which adapted voluntarily to change. It has always been forced on them. The reasons are numerous but the simplest is that no CEO in a free market will ever voluntarily decide on a plan of action which results in the Gross Margin taking a hit for the time he has responsibility against the shareholders.

      The normal CEO sits in that job for 3-5 years. After that, he gets a new job. During his time what he wants is a solid stream of revenue increasing each year by a certain percentage. If he fails to deliver, he personally loses out on his bonus and possibly has to leave with a black mark against him.

      So it’s really only small startups which possess the necessary fiscal flexibility to adapt to new models. Every established actor will change only when forced to.

      Now the problem is not and has never been about people distributing copies of works. The major labels already know the negligible impact this has on sales from experience with radio, cassette tapes, TV, and the VCR. What truly has them scared shitless is the fact that the internet robs most of the existing companies of their most profitable market niches in the same way the automobile rendered the coach driver largely redundant.

      If artists become convinced piracy isn’t dangerous and a contract with a major label isn’t necessary, that precious gross margin of their takes a very solid double whammy.

      I think they all know their model died recently and is only kept kicking by liberal application of voltage. But every CEO makes the rational decision that if it can be kept alive for just one more year it’s one more bonus in the bank for him/her.

      This is nothing more than rational self-interest. The CEO couldn’t care less what happens to the label he currently works for once he’s left that job.

  • Patternguru714

    @Bird – I totally agree that Pay-to-Play is a destructive movement, it’s awful. Great point. I’m not sure it’s the only destructive force though. It capitalizes on artists’ fear of “never being noticed.”

  • al

    I wonder how long it will be until other association’s adopt the logic of the RIAA and MPAA. For example The National Restaurant Association (They could show an actual loss in revenue), because every meal you make at home clearly equals a lost sale to local restaurants. Just think of the billions of dollars restaurants loose each day do to people cooking there own meals. They could lobby cogress “We need new laws to passed stop people from cooking their own food, or the our industry may be lost FOREVER.” My point is you can make anything sound reasonable to politians (with enough money), no matter how ridiculous it is. Just ask the RIAA or the MPAA.

  • Patternguru714

    @al – If you copy a recipe book it’s illegal, so there you go. The issue here is intellectual property, and while it might be tough to wrap one’s head around defending copying art, what about car designs, architecture, trademarks? If you invent the most insane robot ever, may I copy it and sell it in front of your house? If I have more money than you or I give it away for free you’ll starve, won’t you? That’s the opposing argument to saying everything should be free. The MPAA and RIAA are draconian and ham-handed. Hell they might be tied to government in unethical ways; But without protection for innovation, the innovation would cease. Sure there will be some who say “I’ll do it for free,” but not after they marry and need to support a family and feed themselves in a free-market. You’ll end up with amateurs and teens creating first-try innovation then giving up because they can’t make a living I think. There must be a solution that’s in the middle of “free everything and copy everything” and “throw in jail everyone who does it.” Otherwise all economies except communist ones are screwed, and the communist countries kill folks who try the slightest bit to be different or innovate. Individuality isn’t celebrated.

    • Anonymous

      “But without protection for innovation, the innovation would cease.”

      The entire open source sector disagrees with you. There are at any one time millions of people innovating and creating on their own time and expense. What this gives them is a solid reputation and a fat paycheck once their services are proven. Linus Torvald today writes his own paycheck.

      Google gives us – for “free” – services we couldn’t even dream of five years ago. They’ve found giving away software and services lucrative enough, I should say.

      Android went from nonexistant to the closest competitor to Apple’s iOS in a few measly years.

      Honestly, If you invent the most insane robot ever and try to patent it, this is what happens.

      1) Large corporation steals your invention.
      2) You go to court.
      3) Large corporation keeps you in court until you go bankrupt.

      There was any amount of evidence that Microsoft was more or less extorting their vendors to carry their products and were using every ugly trick in the book to crush their competitors. It still took TEN YEARS to even get the case into a court. Only made possible by pooling massive resources and every other prosecutor in the US press-ganged into service.

      The law is a weapon only in the hands of he who already has the cash for lawyers. Believing otherwise puts you straight in la-la land. Your inventions are yours to keep only provided they have small enough market value a corporation would hold no interest in it.

      It’s strange that you should try telling us we’re communists for believing as we do since in that case you are also telling us that Thomas Jeffersson and a few other founding fathers were apparently communists.

      Copyright law – and indeed, most Intellectual “property” legislation – is par tinformation control and part institutionalized monopoly. There is no room at all in classic capitalism for that model and even Milton Friedman had strong views on patents and copyright. That gentleman a communist visionary as well?

      It’s the other way around. You want to see communism, take a good long look at IP law.

  • Anonymous

    Motto of the RIAA:

    I have a giant pile of money, and my lawyer is my messenger. Whoever stands in my way I will sue, and whatever I don’t like will be made illegal. I rule over the world and I will protect all that I have with whatever means necessary, no matter what the cost.

  • Anonymous
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  • Owner

    I own and operate RYP Records. We are committed to Musicians Rights and our contract does fine without taking their copyright, which has been the standard practice of labels for more than 40 years.
    I believe that if musicians had better contracts that gave them a fair share of the revenue instead of 3 cents on the dollar you would see a lot of musicians backing this fight against the Federal Governments Bullshit.
    Just like the cute way they snuck in the ability to stop online gambling by hiding it inside a bill they are doing the same thing now. They are using piracy as an attempt to control yet another area of the american peoples lives that they really have no business in.
    Here are some interesting facts in support of my statement:

    Yes Pirating software or music or movies etc is ALREADY A CRIME!
    Covered by laws and punishments So I ask the US government “Why do you need new laws for this?
    I mean come on it is simple -
    1 – you find pirating sites
    2 – you go to whois.net
    3 – you get the contact info on the site owner
    4 – you arrest and prosecute them.

    End of story. This Bullshit of wasting time better spent on doing something productive for the american public you work for is not sitting well with a lot of us. Get your noses out of our asses and STOP ATTEMPTING TO CENSOR OUR INTERNET.

    2ND NOTE

    ALL HOSTING SERVERS WILL CLOSE A SITE IF COMPLAINTS OF COPYRIGHT INFRINGEMENT ARE FILED SO IF IT IS SUCH A PROBELM WHY ARE THERE SO MANY OF THEM IN OPERATION.

    Tina Padziora

    • Anonymous

      Pirates have been saying much the same for years. Non-commercial infringement isn’t a threat to business – it’s an opportunity. A fan will spend as much as he can afford on the artist he admires. This is human nature.

      Commercial infringement and brand fraud is another matter – and here the greatest culprits are usually the major labels themselves.

      When spotify started it promised to be a model which gave the musicians a direct backfeed. It was launched however, only with contract strings attached even more severe on the artists than the average slave contract. Leading, of course, to many artists feeling spotify got them even less than having their works indexed on TPB did.

      And yet spotify in itself reduced music piracy by 25%. The only model ever to succeed in reducing noncommercial infringement.

      I honestly don’t know what to say – artists attached to many labels have little choice. Their work, their public persona, their very image is owned for years ahead. And when they ask about the measly paycheck those same labels are quick to point out piracy – and not the fact that they grab 97% of the earnings – as the culprit.

      It gives big labels a convenient scapegoat – piracy – and ensures they retain control over their golden geese.

  • Owner

    @Patternguru714

    Before stating “We can all agree that labels’ sole purpose and intent is to make money, yes?” you might want to get your facts straight.

    RYP Records SOLE mission is to turn the music industry upside down by proving that their ways are not the only way. My company cares more about the Artists and the Music and bringing back a commitment of loyalty between Bands and the Fans!

    • Anonymous

      Then more power to you. But you realize that such a statement of intent ensures that the RIAA’s feelings towards you makes their mood towards us “pirates” positively cuddly?

      If/When you turn into a success story, if I were you I’d watch my back.

      These people aren’t stupid. The real threat they see looming on the horizon is the empowerment of artists. I’m starting to think they already know the war on “piracy” is a lost cause and senseless to boot. Piracy can’t take their margins away as it doesn’t give that result.

      Every artist convinced there’s an alternative to institutionalized serfdom however, blows a big fat hole in their margins.

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  • Joren Verspeurt

    They just don’t want to be left out in a world where it’s possible to pay the artists directly over things like PayPal. They’re not protecting the artists, they’re making buckets of cash off of them. Advice: if you like someones music (and you can listen to it over myspace or youtube if you don’t want to actually download it onto your computer) pay them for it directly!

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  • Skynet10011

    It would be really useful if we’d stop calling it RIAA and say SONY, NBC/Universal,
    EMI, and Warner.

    A worldwide boycott of Sony products would hurt the RIAA the most.

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