If 2009 sounds like it happened half a lifetime ago, many 30 year-olds would likely agree.
At the time the UK government was taking advice from the entertainment industries on how to tackle surging piracy via the BitTorrent protocol.
Presented as an entirely proportionate and reasonable response for dealing with habitual downloaders, disconnecting entire households from the internet loomed ominously on the horizon.
Yet in 2007, the band Radiohead had ventured quite bravely in the opposite direction, arguing that piracy shouldn’t be punished and file-sharing should be embraced. When the band released the album ‘In Rainbows’ online, its price tag competed with ‘free’ on terms that even pirates could understand.
The debate over Radiohead’s ‘pay-what-you-want’ model went global. Praised by some for allowing everyone to afford music, it faced heavy criticism from those who felt that the price devalued music, and would lead to artists – especially less successful ones – suffering the financial consequences of competing with free. Despite the polarized views, Radiohead hadn’t quite finished.
Music Industry & Government Had it All Wrong
In May 2009, Brian Message, a partner in Radiohead’s management company, did the unthinkable. After describing the plan to kick file-sharers (and their families) off the internet as unworkable, Message suggested a radically different approach.
“We believe file-sharing by peer to peer should be legalized. The sharing of music where it is not for profit is a great thing for culture and music,” Message said.
That wasn’t what the labels wanted to hear, to put it mildly. With the benefit of hindsight, legalization probably wasn’t the right solution to support what eventually followed, but anyone could see that the status quo simply wasn’t working.
Was It Really Happening?
In early August 2009, after Radiohead’s Thom Yorke had dropped hints about a “great idea” and a secret distribution plan, things were about to start get interesting again. Whether it was the band, people working for them, or someone else, when the yet-to-be-released Radiohead track ‘These Are My Twisted Words’ was uploaded to private torrent site What.cd, Radiohead and file-sharing were suddenly back in the news again.
For many file-sharers, Radiohead’s approach felt like someone was actually listening; an outreach of sorts, acknowledgement from people who mattered that things needed to change. In the end, changes implemented by the music industry were a revelation. Not only did the industry prove itself wrong by successfully competing with free, it had managed to do so without resorting to brute force.
The idea that file-sharers, fans, will only return to buying any type of content if there’s a credible threat of force, has never made sense to us here at TF. Loyal consumers are happy consumers; happy with the product, happy with the service, and happy with the price. Get any one of those wrong and consumers become unhappy; any plan to cheer them up by a) not fixing the problem and b) resorting to threats, will fail – period.
Radiohead not only understood this better than most, the band actually dared to try something different. Less than a week after the ‘leak’ of ‘These Are My Twisted Words’ on What.cd, Radiohead’s Jonny Greenwood took to the band’s Dead Air Space blog.
In his post, Greenwood announced ‘These Are My Twisted Words’ officially for the first time. He then invited people to download it for free, including via a torrent hosted on Mininova, once one of the world’s most popular torrent sites.
And Back to Reality
For Mininova, the Radiohead release symbolized hope. Legal troubles with Dutch anti-piracy group BREIN meant that the site needed to change drastically or face extinction. In our 2009 article, co-founder Erik Dubbelboer celebrated Radiohead’s use of the site’s fledgling content distribution service and called on more artists to do the same.
By November 2009, the only content that remained on Mininova was content uploaded to the new distribution service. After losing its dispute with BREIN, Mininova was ordered to delete all other content, which in time led to the site’s demise. In common with similar sites, Mininova already had a policy of responding to rightsholders’ takedown notices but when a Dutch court found that insufficient, the end was nigh.
TorrentFreak also has a takedown policy. Our policy is to create all of our own content, obtain licenses for images where applicable, and if required, adhere to fair use norms. Because the policy works and nothing is infringing, nothing ever needs to be taken down. Unfortunately, some rightsholders and anti-piracy outfits occasionally disagree; on the plus side, on every occasion they are always wrong.
Wrongfully Targeted Yet Again
Around eight years ago, an industry shake-up saw Radiohead’s back catalog move from Parlophone to XL Recordings, which now operates as part of Beggars Group Digital. With assistance from anti-piracy company MUSO, attempts are now being made to purge Google’s search indexes of all links to unauthorized copies of Radiohead’s music.
A single notice dated August 8, 2024, presented here courtesy of the Lumen Database, is huge. Weighing in at over 9,600 URLs, hidden deep inside is one of our URLs which, according to the notice, should be disappeared by Google for the remainder of eternity, for violating copyright law.
That article contains no copyrighted material apart from our own, and doesn’t link to any infringing content either.
Coincidentally, the same generally applies to the takedown notice itself. Despite claiming to contain close to 10,000 pirate URLs across 1,643 domains, Google’s assessment indicates that just 4.5% are actually infringing.
Rightsholders never got to target individuals in the manner suggested 15 years ago, and that is a good thing; a very, very good thing considering the complaint detailed above. More importantly, people without internet can’t access YouTube, for example, which now generates billions of dollars in revenue for the music industry.
Instead, the focus today is on making life difficult for pirate sites, via site-blocking measures and by generating takedown notices on an industrial scale. When it comes to the latter, all people can do is try not to get caught in the crossfire, pray occasionally, and put faith in Google to shield your own copyrighted works from being rendered unfindable.
That’s exactly what Google did here, having done so many times before.
