Ok, so the government wants to put in laws similar to the Three Strikes rule. Why? Because businesses told them they’re losing lots of money.
But that’s not all there is to it. If businesses lose money, then consequentially, the government loses money through taxes on said businesses (apparently, although more likely, the government won’t see jack and it’ll all go into business ‘profits’), and if you want to spin this out far enough, losses of money to businesses means less investment by large corporations, and therefore less jobs, and more stress on the economy and the UK Benefits system.
But the point is that there are really only three ways to try to stop illegal downloading. And when I say stop I really mean reduce.
You’ll never stop all people from downloading - if you continue down the path of prosecution and regulation, you’ll just move it underground and make it more of a criminal activity, and increase issues with organised crime gangs who download it from another country, ship it over, and then sell it on where they can. This all harks back to getting bootleg recordings and CDs in markets that was prevalent in the 80s and 90s
So any way back to the three ways…..
- Prosecution (Persecution?)
- Regulation
- Incentivisation
Prosecution
Prosecution simply does not work, it won’t divert people away from P2P sharing sites en masse, and the money recouped from individuals will be a drop in the ocean, compared to your losses. Moral victories won’t put money back in your pockets
Of course, it does make the corporations and people like the BPI, look like tw*ts, in fact this is the only thing that prosecution does, but you have to admit it does it very well.
Regulation
Regulation is next to impossible - it pushes the problem into the realm of the government and the justice system, instead of making the content producers get their own houses in order. It also puts unprecedented strain on ISPs, and with broadband services becoming more and more of a commodity, it means that ISPs will go out of business (like the film and music industries care!) because once one person finds out their ISP is watching them they’ll move ISP along with most of the other customers on that line, and people who pay for big bandwidths will just reduce their package and reduce the money flowing into the ISP, thus companies go out of business and there are job losses. So it just a different set of people who are out of work. Oh that’s alright then!
Also technically it’s very difficult to do, because each and every packet has to be inspected, recreated as a full file and then watched/censored by a person to actually determine if the content is infringing copyright. Don’t believe me? How do you tell the difference between a 5 second scene from a free to view trailer and the same 5 second scene in the actual film? Doing this will have a hugely detrimental effect on broadband speeds, which are already dire in the UK because of the telephony wiring used to put telephones into people’s homes. Couple this with the fact that not all P2P sharing is illegal and is actively encouraged by some companies. Large opensource projects like Fedora, Ubuntu and many other Linux distributions use torrents to spread costs of bandwidth when you have large numbers of people downloading
Incentivisation
This is really the only sensible way to reduce the numbers of people downloading. But it requires effort from the content producers and sellers to sort this out, effort that will most likely never occur, because that would take them away from prosecuting 13 year olds.
First of all, downloadable content is only there because people want it. I.e. there is demand, and that demand is for different formats, SD, HD, small size, without adverts, etc, and the demand is there to have the content as quickly as it can be obtained/uploaded from the ‘original’.
If people didn’t want it, it would die out pretty quickly, and here’s another reason why prosecution or regulation won’t work - it doesn’t reduce or deflect the demand
Companies say that they’re losses are running into the millions even billions each year, so you stop downloading. Okay. But do you really think that all the people who used to download an album, will go and buy the next one? Your conversion rates will be pretty small.
So let’s put something on the table.
What happens if, for arguments sake, the companies, and potentially the government,got together and spent their energy more fruitfully on withdrawing the demand for illegal downloading. Let’s say every track for 10p, a full album at £1,a tv episode for 50p, a full season for £5 and every film £1.
First the companies, and the BPI, being the neanderthal behemoths that they are, will say ‘We can’t support that kind of price, it’ll bankrupt us!’. Well guess what chummy? Illegal downloads are already doing that and 10p a track is better than 0p a track
Things like BitTorrent are _slow_, yet because of companies’ pricing structures, content restrictions and lack of choice on that content (i.e. the companies lack of supply) people are willing to put up with that kind of inconvenience. At 50p for an episode of whatever, and for it to be downloaded in 10mins, people would be willing for that rather than wait God knows how long for a file to appear.
Here’s a few ideas for you to try out
- Take off DRM - it doesn’t work and it just annoys people
- Stop putting anti-piracy adverts on DVDs that I’ve just bought legally!
- No advertising on downloads.
- Release all films internationally on the same day or at worst within a 72hr window
- Regulate your CD/DVD copying people, because, hey, all those albums that we hear about being shared 6 weeks before release have to come from somewhere right?
- Don’t try and whip up international frenzy for the latest TV blockbuster and then only allows downloads from the US.
- Offer content in multiple formats at reasonable price points (and by reasonable we don;t mean reasonable to you, but to the poeple who download it and are, ultimately, paying you for the content)
- Remember that distribution costs are really minimal with digital downloads compared to hard copy
- You can’t stop progress - even the XBox360 and PS3 have media streaming in them for things like music and video
For the UK government.
- A tax levied on CD/DVDs like in Canada or certain other equipment
- A new license fee ‘top-up’, with the current price going to the BBC as always, and an extra amount on top being shared among artists, content producers etc.
- Stay as far away from this argument as possible, believe me, this won’t end well for the government if regulation were introduced.
The rule is simple - if you give people the choice, and the range of content that people want, provided in the timeframe that people want it, and make it available internationally, instantly, and you make it more convenient than the ways they do it currently, they’ll download it legally from proper sites simply because it is more convenient to do so, even if they have to pay you something - just don’t try to fleece people
See it’s not rocket science and it’s really not that hard, so go and put your lawyers back in the dungeon.



