You can download any album you can think of right now for free. You can also, probably, download any movie. The technology that allows you to do this, BitTorrent, is (according to Wikipedia): "a peer-to-peer communications protocol for file sharing." What that means is that if a person has a movie that you want on their computer, you can use BitTorrent to place that file on your computer. Never before has so much media been so readily available to so many people and because it's so readily available, it forces questions about the nature of music, the nature of film, and the ethical obligations we owe to artists for their work.
Let's start with music. What is music? Music, I'm pretty sure, is not the CD that you buy at the store, it's the sound that comes off the CD when you put it in a stereo. Music is intangible: it's not a thing you can hold, it does not, intrinsically, have value. You wouldn't go to a merchant and say, "Give me some music." If you did and he played you a scale, he couldn't say that it was more valuable than if he played you an arpeggio. We assign music value and we do so based on many factors, not the least of which is the packaging: who makes this music? How new is this music? What does it mean for me to be listening to this music?
Pop stars understand this formula better than anyone. Madonna is a master of packaging: her music is good, but it matters little next to her persona. And, therefore, to hear her music live--because of the exclusivity of the event, the care that goes into the presentation--costs you hundreds of dollars. A person standing outside the arena where she plays might hear the same music for free, but they're missing the point: live Madonna music without seeing Madonna is pointless, much like a Fellini movie without the images is pointless. In pop music, image is everything.
Would it be unethical, then, to "steal" a Madonna CD online? What are you stealing when you download her album? You are stealing a duplication of a duplication of her voice as recorded at a particular moment in time. Its value is only proportional to the pleasure you get from hearing it. If Madonna wasn't famous, and she came to your doorstep in a mask and sang "Borderline" how much would you hand her from your wallet? $5? $10? $20? That last value, $20, is what you're expected to pay for her newest CD at the store. That raises the question: who's robbing who?
Isn't something valuable based only on how precious it is, how hard to attain? Doesn't the very fact that BitTorrent exists change the value of music recordings? There was a time that to hear music you could only do so live. Then came the phonograph, then the 8-track, then the audio cassette, then the CD. With each advance in technology, the marketplace shifted. Now the music industry has to answer to the fact that the product they sell is immediately reproducible and immediately shareable. That's not true of a loaf of bread, a diamond ring, a house in Vermont: it's a function of the intangibility of music that makes the present predicament so hard and so strange.
Same with film. Once upon a time, you could only see a movie at a movie theater. When VHS came out, I remember it was a big deal. My parents spent an insane amount of money for the Mary Poppins VHS they bought me for an early birthday: it must've amazed those who grew up having to go to the movies to be able to watch movies at home.
Now, if I wish, I can download Mary Poppins on BitTorrent. If I did, what I'd be stealing wouldn't be a tape or a DVD, it'd be a series of numbers--a code--that my computer would process and turn into images and sound. I could pay for this code if I bought the movie on the iTunes music store, but the question arises: why pay for something that's right there for me to pluck off a network?
The answer to that question is worth billions of dollars to both industries. Moralists will say stealing is stealing and even if it's online, even if it's just a click away, it's the same thing as going to a store and putting the DVD under your shirt. And yet these same moralists might burn CDs for their friends or borrow a DVD to watch instead of renting from a store. Isn't this also stealing? Where do we draw the line?
I'm conflicted. I don't know. Part of me thinks that because the landscape has changed, because music and film is now transferable online, the industries will have to catch up and shift the market back in their favor. If that means encrypting CDs and DVDs more vigorously, if that means containing the online media somehow, the responsibility falls to them. I don't think it's a matter of punishing those who trade files online: they should focus on the cause, not the symptom.
What matters most, ultimately, is what's best for the forms themselves: what's best for music? For film? Is it better to make media limitlessly accessible, so we all expose ourselves to artists we'd otherwise never spend money on? Or do we damage their careers and make it impossible for them to continue if we steal their product? I think it's a little bit of both. So artists too will have to answer to the new technology and make it work for them.
It's an exciting time to be a fan of the arts. More people than ever before are creating new content, and their content--along with the old content--is only a click away. How we get this content and what we pay for it are questions that'll shape the future of entertainment.






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