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<title>Techdirt. Stories filed under &quot;napster&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;napster&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 25 Mar 2011 19:39:00 PDT</pubDate>
<title>Study Shows That Piracy Has Not Resulted In A Decrease Of Quality New Music</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110325/03191713624/study-shows-that-piracy-has-not-resulted-decrease-quality-new-music.shtml</link>
<guid>http://www.techdirt.com/articles/20110325/03191713624/study-shows-that-piracy-has-not-resulted-decrease-quality-new-music.shtml</guid>
<description><![CDATA[ One of the key tenets of those who support stronger copyright law and stronger copyright enforcement is the idea that it is a necessary incentive for a great deal of creative output.  We regularly hear claims of how creative output would drop without such strong copyright protections.  However, the actual evidence has simply <a href="http://www.techdirt.com/articles/20100621/0933449895.shtml">not supported</a> this theory at all, with multiple studies showing that even as there was a massive increase in infringement, thanks to the internet, there has actually been a very large increase in creative output as well.  But, of course, some will shoot back that just the creation of new works alone may not be indicative of what's really going on.  After all, what if all of that new music is terrible because the "good stuff" can't make money.  Thankfully, it looks like new research is tackling this question.
<br /><br />
Hypebot points us to some new research, by economist Joel Waldfogelm, in which he attempts to determine if the rise of file sharing <a href="http://www.hypebot.com/hypebot/2011/03/study-napster-had-zero-impact-on-new-artists.html" target="_blank">has had any significant impact on the creation of <b>quality</b> new music and artists</a>, and his answer is <i>no, it has not</i>.  In other words, the very theory underlying an awful lot of the copyright industry's claims simply is not borne out by the evidence.  This study does not just take a superficial look at how much new content was produced, but really tries to dig deeper and focus on quality.  I won't go into all the details of the methodology, but suffice it to say that it's a creative way of trying to separate out quality, by running a statistical analysis on multiple critics' "best" lists and indices.  From there, it looks at how many new albums each year pass specific "quality" thresholds, and finds that contrary to the theory, there is really no difference in output of quality works pre- and post-Napster.
<br /><br />
Even more interesting, this study also appears to debunk the other claim by the recording industry that the rise of file sharing means that <i>new acts</i> are no longer developed and able to grow and release quality albums.  In fact, the study finds no support for that claim:
<blockquote><i>
The evidence thus far indicates no decline in the volume of new recorded music products
forthcoming since Napster. It is possible, however, that the new music is coming from artists
who were established prior to Napster. While products still come to market, it is possible that
new artists are not establishing careers.
<br /><br />
To explore this we examined the albums on three analogous best-of lists, for the 1980s,
the 1990s, and the 2000s, from Pitchfork Media. For each of the 300 albums, we determined the
year the artist released his, her, or their first recording (whether an album, a single, or an "EP").
These data allow us to calculate the career age of an artist at the time he has an album on a best-of
list. The question is whether artists have continued to establish careers since 1999. To
explore this, we calculate the share of best albums since 1999 whose artists&rsquo; first recordings
appeared after 1999. Since 1999, 49 percent of artists on the best of the 2000s list debuted
following Napster. Figure 9 shows this year-by-year pattern: there is a systematic, although not
a monotonic, rise from 10 percent of albums in 2000 to 100 percent at the end of the decade. On
average, about half of the best-of albums since Napster are from artists whose recording debut
occurred since Napster.
<br /><br />
Although this is clearly a substantial share, determining whether the launching of new
artists has changed requires a comparison with earlier periods. To this end, we calculate
analogous annual shares for the two previous decades, the annual share of 1980s best-of albums
from artists debuting after 1979, and the share of 1990s best-of albums from artists debuting after
1989. All three patterns are very similar, rising fairly steadily to 100 percent by the end of each decade. A regression of a dummy for whether an artist debuted since the decade of his
appearance on dummies for years since the beginning of the decade and a dummy for the post-
Napster decade confirms the lack a statistically meaningful difference in the tendency for new
artists to appear on the list since Napster.
</i></blockquote>
<center>
<img src="http://i.imgur.com/zEuq7.png" width=560 />
</center>
In other words, there's no evidence that new artists are no longer being developed or are creating high quality, successful music.  So, contrary to the theoretical claims, the evidence shows that more content is being created, despite greater infringement, <i>and</i> that there has been no noticeable decline in quality output or in the development of new artists.  So why is it that the industry still makes such claims, and the press and politicians believe them?
<br /><br />
Oh, there is <i>one</i> other interesting tidbit in the research: The only <i>real</i> noticeable difference that the research turned up between pre- and post-Napster music production... was that more of the successful new musicians are coming from independent labels, rather than the major labels.  For the two decades prior to Napster, the percentage of successful indie artists remained constant, but it jumped post-Napster.  That makes sense.  The independent labels, for the most part, have been more willing to experiment and embrace new models, while the majors have fought them more.  On top of that, artists no longer need to feel as obligated to go through one of the gatekeeper "major labels."
<br /><br />
That certainly helps explain why the major labels like to perpetuate these kinds of myths... but not why anyone believes them.<br /><br /><a href="http://www.techdirt.com/articles/20110325/03191713624/study-shows-that-piracy-has-not-resulted-decrease-quality-new-music.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110325/03191713624/study-shows-that-piracy-has-not-resulted-decrease-quality-new-music.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110325/03191713624/study-shows-that-piracy-has-not-resulted-decrease-quality-new-music.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ain't-what-the-data-shows</slash:department>
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<pubDate>Mon, 15 Mar 2010 02:04:33 PDT</pubDate>
<title>More Myth Debunking: File Sharing Is A Gateway Crime</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100314/1729018552.shtml</link>
<guid>http://www.techdirt.com/articles/20100314/1729018552.shtml</guid>
<description><![CDATA[ There's been plenty of coverage of Clay Shirky's recent <a href="http://news.cnet.com/8301-13577_3-20000414-36.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">talk at SXSW where, among other things, he discussed the impact of Napster</a> on our culture.  As per usual with Shirky, he made a bunch of fantastic points, often presenting a perspective that is unique and makes you think.  I just wanted to pick up on one point, however, because I've been hearing the following argument a lot lately: file sharing needs to be "stopped" because this widespread "illegality" is teaching kids to not have respect for the rule of law.  Even Larry Lessig has been known to make this point.  Yet, Shirky quickly debunks it in his talk:
<blockquote><i>
In the Napster era, some attributed the ascent of pirated digital music to a supposedly criminal-minded nature among American youth. The argument didn't work. "It coincided with the largest fall in the rate of crime in recorded history," Shirky said.
</i></blockquote>
People aren't file sharing because they don't respect <i>the rule of law</i>.  They're file sharing because <i>that particular law doesn't make any sense to them</i>.  The idea that people jumping on the file sharing bandwagon will start breaking other laws appears to have no empirical backing whatsoever.<br /><br /><a href="http://www.techdirt.com/articles/20100314/1729018552.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100314/1729018552.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100314/1729018552.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-not</slash:department>
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<pubDate>Wed, 3 Feb 2010 13:02:53 PST</pubDate>
<title>Did The Recording Industry Really Miss The Opportunity To 'Monetize' Online Music?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100203/0255108023.shtml</link>
<guid>http://www.techdirt.com/articles/20100203/0255108023.shtml</guid>
<description><![CDATA[ There's been a lot of talk in the last year or so about the fact that the recording industry supposedly "missed an opportunity" to "monetize" online music a decade ago when it failed to come to an agreement on licensing with Napster.  The idea was that Napster could have been iTunes, and people would be paying for music.  That claim is made, yet again, in a CNN article about the <a href="http://money.cnn.com/2010/02/02/news/companies/napster_music_industry/index.htm?hpt=T2" target="_blank">decade since Napster</a>, with a Forrester analyst claiming:
<blockquote><i>
"That four-year lag [between Napster and iTunes] is where the music industry lost the battle," said Sonal Gandhi, music analyst with Forrester Research. "They lost an opportunity to take consumers' new behavior and really monetize it in a way that nipped the free music expectation in the bud."
</i></blockquote>
That implies that if the industry had simply licensed its music online in 1999, rather than 2003, the dollars spent on recorded music would have remained propped up.  I don't buy it.  This ignores the fundamental economics of what's happening in the industry -- but, thankfully, some folks are noticing this.  Matt Yglesias <a href="http://yglesias.thinkprogress.org/archives/2010/02/the-futile-struggle-against-free-content.php" target="_blank">points out how wrong the claim by Forrester is</a>, by noting that the market for recorded music was due for a correction just based on fundamental economics:
<blockquote><i>
Music industry executives can tell themselves that as long as they want. But under conditions of perfect competition, the price of a song ought to be equal to the marginal cost of distributing a new copy of a song. Which is to say that the marginal cost ought to be $0. That's not a question of habit, you can look it up in all the leading textbooks. Of course real businesses rarely operate in circumstances of perfect competition, and record companies have a variety of political and legal tools they can deploy to try to protect monopoly rents. But this is hard to do. I think the real story with the iTunes store is that over time competitive pressure has impelled it to largely drop DRM and over time I expect we'll see that the CPI-adjusted price of songs declines.
</i></blockquote>
Tim Lee, who pointed us to this piece in the first place, tacks on the point that <a href="http://twitter.com/binarybits/statuses/8555258040" target="_blank">"the economic argument for free music is unrelated to 'piracy.'"</a>  This is, indeed, a key point and one we've tried to make in the past, but one that sometimes gets lost in the shuffle.  The basic economics of music suggest that it was going to face downward pricing pressure all along.  That has little to do with unauthorized access to music or whether or not the major record labels sucked it up and did licensing deals with Napster.  It was just where the market was going to head one way or the other -- because, over time, more and more people would begin to realize that free music was an excellent promotional tool for other things, and that would drive more business to those other areas.  That, in turn, would lead more and more musicians and their business partners to recognize the benefit as well.  In fact, we're seeing that happen today.  The fact that unauthorized access to files online may have helped push that realization forward doesn't change the fact that those pressures were going to come one way or the other.
<br /><br />
The recording industry may have missed a chance to slow down the decline in recorded music sales, but it hardly could have kept the numbers as artificially inflated as they used to be.
<br /><br />
Separately, the CNN article is incredibly weak in that it makes the mistake of implying that the recording industry is the entire music industry.  It completely ignores the fact that the overall music industry has actually <a href="http://www.techdirt.com/articles/20090723/0351345633.shtml">been growing</a> as sales of recorded music have dropped.  People have just shifted their spending habits, and that likely would have happened whether or not any licensing deal had been worked out in 1999.<br /><br /><a href="http://www.techdirt.com/articles/20100203/0255108023.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100203/0255108023.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100203/0255108023.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>basic-economics-time...</slash:department>
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