Record industry versus 16 year old becomes music piracy test case

Stan Beer
Thursday, 01 February 2007 05:06

Opinion and Analysis

An Associated Press report that a 16 year old boy intends to make a stand against a lawsuit lodged by the the Recording Industry Association of America could turn into a global test case surrounding online music piracy. The music industry has been hit badly by the online downloads phenomena and in desperation is trying to use the tactic of scaring users off pirate file sharing sites with individual lawsuits. However, it's a tactic that could backfire.

The record industry admits that suing individual downloaders is not cost effective and is an attempt to dissuade downloaders of pirated music from continuing their practices. In the case of 16 year old Robert Santangelo, who has hit back with a countersuit, it may have bitten off more than it can chew.

Young Santangelo's mother, the original target of the recording industry, has already become somewhat of a folk hero after successfully forcing the industry to drop its case. Now the industry has gone after her youngest son, who was reportedly just 11 when he allegedly downloaded music illegally.

While the music industry rightly maintains that piracy is hitting both artists and the record companies where it hurts, it needs to be careful not to bite the hand that feeds it.

The proliferation of legal online download sites such as iTunes has shown that people are prepared to pay for music downloads. It also shows that probably the most effective way to combat piracy is to make online music affordable and easy to access.

Just like in the old days, when consumers used to make illegal cassette copies of their friends' vinyl record albums, piracy will never go away completely. However, there are many who would prefer to buy tracks or pay cheap monthly subscriptions in preference to going the illegal route.

Going after individuals is not going to scare away the pirate downloaders. However, it could very well alienate a paying public growing increasingly cynical about what many view as a greedy cartel.