MESSAGE
DATE | 2004-04-06 |
FROM | Michael Richardson
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SUBJECT | Subject: [hangout] FW: [DMCA_Discuss] A Heretical View of File Sharing (fwd)
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-- "In The Business World An Executive Knows Something About Everything, A Technician Knows Everything About Something, And the Switchboard Operator Knows Everything."
No one person is smarter than their team!
> -----Original Message----- > From: Mike Richardson - NYLXS PRESIDENT [mailto:miker-at-mrbrklyn.com] > Sent: Monday, April 05, 2004 8:27 PM > To: mrichardson-at-abc.state.ny.us > Subject: [DMCA_Discuss] A Heretical View of File Sharing (fwd) > > > > ---------- Forwarded message ---------- > Date: Mon, 5 Apr 2004 10:21:53 -0700 > From: Jon O. > To: dmca_discuss-at-lists.microshaft.org > Subject: [DMCA_Discuss] A Heretical View of File Sharing > > ----- Forwarded message from Dave Farber ----- > > A Heretical View of File Sharing > > April 5, 2004 > By JOHN SCHWARTZ > > > > > > The music industry says it repeatedly, with passion and > conviction: downloading hurts sales. > > That statement is at the heart of the war on file sharing, > both of music and movies, and underpins lawsuits against > thousands of music fans, as well as legislation approved > last week by a House Judiciary subcommittee that would > create federal penalties for using what is known as > peer-to-peer technology to download copyrighted works. It > is also part of the reason that the Justice Department > introduced an intellectual-property task force last week > that plans to step up criminal prosecutions of copyright > infringers. > > But what if the industry is wrong, and file sharing is not > hurting record sales? > > It might seem counterintuitive, but that is the conclusion > reached by two economists who released a draft last week of > the first study that makes a rigorous economic comparison > of directly observed activity on file-sharing networks and > music buying. > > "Downloads have an effect on sales which is statistically > indistinguishable from zero, despite rather precise > estimates," write its authors, Felix Oberholzer-Gee of the > Harvard Business School and Koleman S. Strumpf of the > University of North Carolina at Chapel Hill. > > The industry has reacted with the kind of flustered > consternation that the White House might display if Richard > A. Clarke showed up at a Rose Garden tea party. Last week, > the Recording Industry Association of America sent out > three versions of a six-page response to the study. > > The problem with the industry view, Professors > Oberholzer-Gee and Strumpf say, is that it is not supported > by solid evidence. Previous studies have failed because > they tend to depend on surveys, and the authors contend > that surveys of illegal activity are not trustworthy. > "Those who agree to have their Internet behavior discussed > or monitored are unlikely to be representative of all > Internet users," the authors wrote. > > Instead, they analyzed the direct data of music downloaders > over a 17-week period in the fall of 2002, and compared > that activity with actual music purchases during that time. > Using complex mathematical formulas, they determined that > spikes in downloading had almost no discernible effect on > sales. Even under their worst-case example, "it would take > 5,000 downloads to reduce the sales of an album by one > copy," they wrote. "After annualizing, this would imply a > yearly sales loss of two million albums, which is virtually > rounding error" given that 803 million records were sold in > 2002. Sales dropped by 139 million albums from 2000 to > 2002. > > "While downloads occur on a vast scale, most users are > likely individuals who would not have bought the album even > in the absence of file sharing," the professors wrote. > > In an interview, Professor Oberholzer-Gee said that > previous research assumed that every download could be > thought of as a lost sale. In fact, he said, most > downloaders were drawn to free music and were unlikely to > spend $18 on a CD. > > "Say I offer you a free flight to Florida," he asks. "How > likely is it that you will go to Florida? It is very > likely, because the price is free." If there were no free > ticket, that trip to Florida would be much less likely, he > said. Similarly, free music might draw all kinds of people, > but "it doesn't mean that these people would buy CD's at > $18," he said. > > The most popular albums bought are also the most popular > downloads, so the researchers looked for anomalous rises in > downloading activity that they might compare to sales > activity. They found one such spike, Professor > Oberholzer-Gee said, during a German school holiday that > occurred during the time they studied. Germany is second to > the United States in making files available for > downloading, supplying about 15 percent of online music > files, he said. During the vacation, students who were home > with time on their hands flooded the Internet with new > files, which in turn spurred new downloading activity. The > researchers then looked for any possible impact in the > subsequent weeks on sales of CD's. > > Professor Oberholzer said that he had expected to find that > downloading resulted in some harm to the industry, and was > startled when he first ran the numbers in the spring of > 2003. "I called Koleman and said, 'Something is not quite > right - there seems to be no effect between file sharing > and sales.' " > > Amy Weiss, an industry spokeswoman, expressed incredulity > at what she deemed an "incomprehensible" study, and she > ridiculed the notion that a relatively small sample of > downloads could shed light on the universe of activity. > > The industry response, titled "Downloading Hurts Sales," > concludes: "If file sharing has no negative impact on the > purchasing patterns of the top selling records, how do you > account for the fact that, according to SoundScan, the > decrease of Top 10 selling albums in each of the last four > years is: 2000, 60 million units; 2001, 40 million units; > 2002, 34 million units; 2003, 33 million units?" > > Critics of the industry's stance have long suggested that > other factors might be contributing to the drop in sales, > including a slow economy, fewer new releases and a > consolidation of radio networks that has resulted in less > variety on the airwaves. Some market experts have also > suggested that record sales in the 1990's might have been > abnormally high as people bought CD's to replace their > vinyl record collections. > > "The single-bullet theory employed by the R.I.A.A. has > always been considered by anyone with even a modicum of > economic knowledge to be pretty ambitious as spin," said > Joe Fleischer, the head of sales and marketing for > BigChampagne, a company that tracks music downloads and is > used by some record companies to measure the popularity of > songs for marketing purposes. > > The industry response stresses that the new study has not > gone through the process of peer review. But the response > cites refuting statistics and analysis, much of it prepared > by market research consultants, that also have not gone > through peer review. > > One consultant, Russ Crupnick, vice president of the NPD > Group, called the report "absolutely astounding." Asked to > explain how the professors' analysis might be mistaken, he > said he was still trying to understand the complex > document: "I am not the level of mathematician that the > professors purport to be." > > Stan Liebowitz of the University of Texas at Dallas, author > of an essay cited by the industry, said the use of a German > holiday to judge American behavior was strained. Professor > Liebowitz argued in a paper in 2002 that file sharing did > not affect music sales, but said he had since changed his > mind. > > The Liebowitz essay appeared in an economics journal edited > by Gary D. Libecap, a professor of economics at the > University of Arizona, who said that his publication was > not peer reviewed, though the articles in it were often > based on peer-reviewed work. Professor Libecap said he > attended a presentation by Professor Strumpf last week, and > said the file-sharing study "looks really good to me." > > "This was really careful, empirical work," Professor > Libecap said. > > The author of another report recommended by the industry > said that the two sets of data used by the researchers > should not be compared. "They can't get to that using the > two sets of data they are using - they aren't tracking > individual behavior," said Jayne Charneski, formerly of > Edison Media Research, who prepared a report last June that > she said showed that 7 percent of the marketplace consists > of people who download music and do not buy it. That number > is far lower than the authors of the new study estimated. > "There's a lot of research out there that's conducted with > an agenda in mind," said Ms. Charneski, now the head of > research for the record label EMI. > > http://www.nytimes.com/2004/04/05/technology/05music.html?ex=1082149203& > ei=1&en=64d59da1f3ee8310 > > > --------------------------------- > > Get Home Delivery of The New York Times Newspaper. Imagine > reading The New York Times any time & anywhere you like! > Leisurely catch up on events & expand your horizons. Enjoy > now for 50% off Home Delivery! Click here: > > http://homedelivery.nytimes.com/HDS/SubscriptionT1.do?mode=SubscriptionT > 1&ExternalMediaCode=W24AF > > > > HOW TO ADVERTISE > --------------------------------- > For information on advertising in e-mail newsletters > or other creative advertising opportunities with The > New York Times on the Web, please contact > onlinesales-at-nytimes.com or visit our online media > kit at http://www.nytimes.com/adinfo > > For general information about NYTimes.com, write to > help-at-nytimes.com. > > Copyright 2004 The New York Times Company > > ------------------------------------- > ----- End forwarded message ----- > _______________________________________________ > > > ------------------------ > http://www.anti-dmca.org > ------------------------ > > DMCA_Discuss mailing list > DMCA_Discuss-at-lists.microshaft.org > http://lists.microshaft.org/mailman/listinfo/dmca_discuss
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