The news today is full of reports over the RIAA’s much-ballyhooed lawsuits which have finally seen the flickering flourescent light of day in a courtroom. In particular, everybody’s talking about the 12-year-old girl smacked by the RIAA, whose mother has settled out of court to the tune of two-thousand bucks.
“Are you headed to junior high schools to round up the usual suspects?” Durbin asked RIAA President Cary Sherman during a Senate Judiciary hearing.
Durbin said he appreciated the piracy threat to the recording industry, but added, “I think you have a tough public relations campaign to go after the offenders without appearing heavy-handed in the process.”
Gee. I dunno. I mean, on the one hand, we have a twelve-year-old honors student living in a city housing project on the Upper West Side who claims that she thought her downloads were legit because she paid thirty bucks for the software. On the other, we have a massive, bloated, multi-billion dollar parasite demanding that people shell out major moolah for mass-produced pabulum, all the while claiming that their main customers are thieves and liars.
Yeah, I can see how that would be a hard sell.
If nothing else, this case is a public relations disaster for the RIAA, who – let’s face it – didn’t really have the people’s support to begin with. And it’s one that somebody in the company should have seen coming. Yes, there are a lot of college-age techno-anarchists trading music on the web. But they don’t listen to much Britney Spears (trade the videos, yes – but they’re not interested in listening to the music). The people trading on p2p networks these days represent a cross-section of the tech community in America – you cast out a net and file lawsuits against randomly selected traders, and you’re going to snag a few preteens.
Now, consider: A typical user goes searching online for a new act. In this case, the user is a 12-year-old girl who has caught some of the industry’s advance buzz for The Cheeky Girls (who are quite hot in Europe now, I’m told). She goes first to Barnes & Noble, where she finds that the album is only available as an import for $37.49. But the hype is good, so even though she can’t afford the album she still wants the music. She logs onto Gnutella and searches, and finds five people with it in their collections.
Now, maybe the girl likes the song. She then plans to buy the album when it comes out, because like any good technophile she knows the mp3 she just downloaded isn’t good audio quality. Or maybe she thinks it’s all right, but she’s glad she didn’t pay thirty-eight bucks for it. Or maybe she hates it and deletes it immediately (although it is now, unfortunately, stuck in her head to return and haunt her throughout her life – “We are the cheeky girls / We are the cheeky girls / You are the cheeky boys / You are the cheeky boys – / Oo, Cheeky cheeky.”)
But in an era of shrinking attention spans (as the media keeps reminding us—Oo! Shiny!), the hype produced by the industry has managed to get a twelve-year-old girl to complete a multi-step process just to get her hands on their product.
There are politicians out there who would kill to get their hands on that kind of marketing (not to give them any ideas). The music industry has on its hands a ubiquitous product that is one of the easiest sells in history.
Except that it’s not an easy sell, goshdarnit. Because the industry doesn’t want it to be. They want to gouge you for every cent that you can get.
But, honestly, I wish I could hear the conversation that took place over this settlement.
Lawyer: Well, sir – case 527 is… Brianna LaHara.
Executive: Great. What’s her deal? Member of the Green Party? Enrolled in an undecided major at her local university? Posts Communist propoganda on public message boards?
Lawyer: Well, it says here that she’s… [flips pages] twelve.
Executive: Twelve?
Lawyer: Twelve. And she’s [flip, flip] in New York, on the upper [flip, flip] west side, living in a housing project. Oh. And it says here [flip, flip, flip… flip] that she’s an honors student.
Executive: Hm. Well.
[Pause]
Executive: See if we can get a couple thousand out of her.