internet piracy: how to compete with free
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Combating Internet Piracy:
How to Compete With Free
The entertainment industry has been at war with internet piracy for almost as long as
the internet has existed. What essentially boils down to file sharing of copyrighted material,
internet piracy costs just the music industry $12.5 billion annually.1
The American motion
picture industry lost a reported $6.1 billion worldwide in 2005.2
Most of these losses are
suffered by the large production companies, while the artists arent as effected do to their
contracts. In most cases actors and artists contracts give them only a small percentage of the
profits, while their record label or production company takes the majority of the profits. The
strategy of industry leaders to combat file sharing is pushing for legislation such as the Stop
Online Piracy Act and the Protect Intellectual Property Act.
Artists have opportunities to protect their interests as well. Given the vast potential the
internet provides, there are multiple methods artists can use to break away from the
entertainment industrys mold to encourage the legitimate use of their content.
ThePirateBay.se is one of the most notorious piracy sites on the internet today. It
actively supports, encourages, and facilitates copyright infringement on a massive scale. Based
in Sweden, a country whose laws regarding copyright infringement are lax compared to
1Siwek, S. E. (2007, August 21). the true cost of sound recording piracy on the u.s. economy. Retrieved from
http://www.ipi.org/IPI\IPIPublications.nsf/PublicationLookupFullText/5C2EE3D2107A4C228625733E0053A1F4
2L.E.K. (2006). The cost of movie piracy.
Retrieved from http://austg.com/include/downloads/PirateProfile.pdf
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America, it has been able to avoid shut down. It provides links known as torrents that allow the
sharing of files between multiple users across the globe.
Recently ThePirateBay.sehas started a campaign it has coined The Promo Bay. The
idea is geared towards independent musicians, directors, and comedians to allow them to
promote their work on the front page of ThePirateBay.se. For instance, a musician submits a
short application containing their work, how they would like the advertisement to look, and up
to three countries they would like the advertisement to appear in. If it is chosen out of the pool
of applications, the advertisement replaces the sites logo for a short time. When clicking on the
ad, it would link the user to the artists work, whether it is a Youtube.com channel, or a
Facebook.com page. The only stipulation is that the content is free and easy to access.
This can benefit the artists in multiple ways. According to Alexa.com, a website that can
provide accurate internet traffic data, ThePirateBay.se is the 101st
most visited site globally
monthly, and the 84th
most visited site in the United States.3
It receives almost 2 billion page
views a month from over 4 million unique visitors. This is a massive opportunity for an
independent artist to release his or her work to global audience.
Toms Vergara, director of a short film called The Chase, was very successful
capitalizing on this idea. After the advertisement went up, his film received 250,000 online
3Alexa.com thepiratebay.se site info. (2012, April).
Retrieved from http://www.alexa.com/siteinfo/thepiratebay.se
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views in three days. Afterwards he posted on his films website that ThePirateBay.se provided
him massive exposure he couldnt have received otherwise.4
George Barnett, an independent musician, also had great success with The Promo Bay.
On March 13th
, 2012 he uploaded his newest self-released album, entitled 17 Days. He sells
his music on his personal website georgebarnett.co.uk as well, and according to comments on
the torrent file of the album many fans purchased his other music to support him. This may be
in part due to his advertisement, which was simply a picture of him with a short statement:
You can now download a torrent of my showcase album 17 Days, on
which I play nearly every instrument. This was uploaded on 13 March 2012,
because although I like money and that people buy my songs, I also understand
what its like to be broke too and I still value your support.5
The Promo Bay promotion is still taking place, and it has gained massive popularity. The
Pirate Bay reports that theyve received more than 5000 applications since starting the event.
The future will show what the impact of the Pirate Bay promotion is. Im absolutely certain
that at least 2 or 3 of them have become superstars by then, stated Winston, a Pirate Bay
representative in a TorrentFreak.com article.6 Artists dont make a direct profit from being a
part of the promotion, but the exposure they receive is enough to put them in a public
4Vergara, T. (2012, February 24). The chase - the promo bay. Retrieved from http://thechaseshortfilm.com/
5Poling, J. (2012, March 14). Uk musician george barnett says he understands if you need to pirate his new album. Retrieved
from http://jamespoling.com/uk-musician-george-barnett-says-he-understands-if-you-need-to-pirate-his-new-album/
6Ernesto. (2012, April 05). 5000 artists line up for the pirate bay promotion. Retrieved from http://torrentfreak.com/5000-
artists-line-up-for-a-pirate-bay-promotion- 120405/
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spotlight. George Barnetts experience proves that just because something is free does not
mean people wont pay for it.
Megaupload.com was the most popular file sharing service on the web. It allowed users
to upload a file and receive a link which they could share so other users could download the
file. When Megauploadwas seized in December 2011, the founders were experimenting with a
system they called MegaBox. MegaBox would have been a download platform where musical
artists could upload their songs for sale. Kim Dotcom, Megauploads founder, stated it would be
their ITunes competitor. Megaupload would make most of their profits off advertisements,
allowing artists to keep 90 percent of the profits from music sales. In addition, artists who
upload their music for free access can still get paid by Megaupload from advertisement
revenue. This system was called MegaKey, and gave a portion of ad profits to the artists. The
more their music was downloaded, the more ad revenue was made.
Before Megauploadwas brought down, its partners for Megabox included 7digital, Rovi,
Gracenote, and Amazon. Unfortunately with the seizure of Megaupload, it would appear
MegaBox may never come to fruition. Megauploadwas very capable of changing the music
industry, being the 13th
most visited site on the internet before it was taken down, according to
Alexa.com.7
It also claimed backing by multiple popular musicians who wished to break away
from their record labels. Perhaps if the creators ofMegauploademerge from their current legal
battle triumphant, they can make Megabox a reality.
7Alexa.com megaupload site info. (2011, December).
Retrieved from http://www.alexa.com/siteinfo/megaupload.com
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Those are just two options musicians can consider, but music is not the only thing being
affected by illegal file sharing over the internet. Stage performers, such as comedians, also have
their performances shared without their consent. A search for Dane Cook, a popular comedian,
on ThePirateBay.se brings up almost 50 results.8
Louis C.K. is a very famous comedian known for his stand-up comedy, supporting roles
in movies, and a show on the FX network. He executed an experiment involving the internet
community and his fans. In a letter posted to his website 4 days after its release, Louis states:
The experiment was: if I put out a brand new standup special at a
drastically low price ($5) and make it as easy as possible to buy, download and
enjoy, free of any restrictions, will everyone just go and steal it? Will they pay for
it? And how much money can be made by an individual in this manner?9
The production was a recording of two shows done at the Beacon Theater in
Manhattan. He paid for, directed, and produced the shows, the recording, and the website to
distribute the special. In total he claims to have spent $202,000. Ticket prices returned him
roughly $170,000 of that. $32,000 went into the website to ensure it was easy to access,
navigate, and could handle a large amount of traffic and downloading.
8The Pirate Bay. (2012, April 10)Retrieved from http://thepiratebay.se/search/dane%20cook/0/7/0/
9C.K, L. (2011, December 21). Louis ck: Live at the beacon theater.
Retrieved from https://buy.louisck.net/news
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In the same letter, he states 12 hours after release of the special, he sold over fifty
thousand copies, netting him around $250,000 dollars. Four days later that number was over
110,000 copies sold. Twelve days later he made over $1,000,000.10
I believe anyone would call that a success. Louis C.K. considered it a success, and hopes
to release all of his material in this fashion from now on. He attributed the low piracy rates to
the low price of the special, the ease of access, the lack of restrictions, and the lack of a middle
man raising the price. Louis stated in his letter:
This is less than I would have been paid by a large company to simply perform the show
and let them sell it to you, but they would have charged you about $20 for the video. They
would have given you an encrypted and regionally restricted video of limited value, and they
would have owned your private information for their own use. They would have withheld
international availability indefinitely If the trend continues with sales on this video, my goal is
that I can reach the point where when I sell anything, be it videos, CDs or tickets to my tours, Ill
do it here and Ill continue to follow the model of keeping my price as far down as possible, not
overmarketing to you, keeping as few people between you and me as possible in the
transaction.11
This model worked very well for him, being an established figure in the entertainment
industry and having the funds to make it a reality. I see this business model being difficult for
artists and entertainers to perform without the proper funds that production companies and
record labels can provide. Perhaps that is a trade-off inherent to the industry.
10 See 9.
11See 9
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Its clear there are ways for entertainers to release their creations to deter piracy. The
similarities visible are ease of access, low price, and the lack of a middle man raising the prices
for their own profit. These middle men, being record labels and productions companies, seem
to be fighting the internet, while artists and entertainers are embracing it. Its been shown in
the past that stiffened legislation on copyright infringement does not solve the problem of
internet piracy. If that were the case, new legislation would not have to be drafted to increase
penalties and censor or remove sites. If these models are repeated, the future of the
entertainment industry is freedom from the contracts and restrictions imposed by record labels
and production companies, content that is easy to access and enjoy by consumers, and
increased profits from the people creating it.
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Works Cited
Alexa.com megaupload site info. (2011, December).
Retrieved from http://www.alexa.com/siteinfo/megaupload.com
Alexa.com thepiratebay.se site info. (2012, April).
Retrieved from http://www.alexa.com/siteinfo/thepiratebay.se
Burns, M. (2012, January 25). Was megaupload targeted because of its upcoming megabox digital
jukebox service?. Retrieved from http://techcrunch.com/2012/01/24/was-megaupload-
targeted-because-of-its-upcoming-megabox-digital-jukebox-service/
C.K, L. (2011, December 21). Louis ck: Live at the beacon theater.
Retrieved from https://buy.louisck.net/news
Ernesto. (2012, April 05). 5000 artists line up for the pirate bay promotion. Retrieved from
http://torrentfreak.com/5000-artists-line-up-for-a-pirate-bay-promotion- 120405/
L.E.K. (2006). The cost of movie piracy.
Retrieved from http://austg.com/include/downloads/PirateProfile.pdf
Poling, J. (2012, March 14). Uk musician george barnett says he understands if you need to pirate his
new album. Retrieved from http://jamespoling.com/uk-musician-george-barnett-says-he-
understands-if-you-need-to-pirate-his-new-album/
Resnikoff, P. (21, December 2011). Megaupload is a music service called megabox...
Retrieved from http://www.digitalmusicnews.com/permalink/2011/111221airvinyl
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Siwek, S. E. (2007, August 21). the true cost of sound recording piracy on the u.s. economy. Retrieved
from
http://www.ipi.org/IPI\IPIPublications.nsf/PublicationLookupFullText/5C2EE3D2107A4C228625
733E0053A1F4
The Pirate Bay. (2012, April 10)Retrieved from http://thepiratebay.se/search/dane%20cook/0/7/0/
Vergara, T. (2012, February 24). The chase - the promo bay. Retrieved from
http://thechaseshortfilm.com/