Thu 23 Apr 2009
Truth Pirates
By
On Monday Ars Technica reported a new study carried out by the BI Norwegian School of Management which found that those who download music illegally from P2P networks are more likely to spend money on legitimate downloads than those who do not.
Following the recent sentencing of the owners of Bit Torrent site Pirate Bay, the piece was promptly picked up as proof positive that file sharing stimulates more music sales than it strangulates, casting yet more doubts on the reasoning that saw Pirate Bay’s owners convicted.
Take that, idiot music industry, was the gleeful undertone to almost every report on the story.
It is, of course, a torch wood issue, inflaming passions on either side of the debate: the music industry who want the law adhered to in an effort to guard their livelihoods and the livelihoods of their artists, and those on the anti-DRM, open port, share-and-share-alike side, for whom the report provides justification for years of soap-boxing.
But in the rush to appropriate the evidence to a fashionable cause, journalistic rigour was forgotten.
Think about the report’s lede-friendly claim objectively for a moment. Surely the kind of people who actively share music across P2P are, by definition, highly engaged in music (and film and videogames), the kind of people who are more likely to buy music whether they pirate or not? Where is the evidence to say that the correlation between piracy and legitimate music buying is in any way causal?
Where indeed, because it’s certainly not to be found in the Ars Technica piece, or the Guardian report, or the Venture Beat piece or a column in the Phoenix New Times or indeed, any of the multitude of places that recycled the original Ars Technica posting.
In fact, not one reporter quoted directly from the study in their write-up, or bothered to call anyone of its authors for a quotation. The Norwegian paper Aftenposten, which first ran the story, did quote a member of staff from the school saying “The most surprising thing is that the proportion of paid download is so high,” but that’s a vacuous quotation that sounds very much like it was lifted from the school’s original PR release.
Indeed, there is not one example of pressing from any English language news outlet, the only other quotation to be found from an EMI boss, also printed in Afternposten, who makes the reasonable point that “[while] the consumption of music increases, revenue declines [something that] cannot be explained in any way other than that the illegal downloading [has overtaken] the legal sale of music.” Where does that fit into the study’s findings?
To clairfy, my issues with the reporting of the report are twofold:
1. A claim has been made by a Business School that filesharers buy more music than non-filesharers. This fact has then been reported without any reference to the methodology of the study and in such a way to suggest a causal link between piracy and increased music purchasing (i.e. if you become a pirate you will then start to buy more music) when, as far as I can tell, the study says no such thing.
2. The press has reported the story without talking to the source, referencing the source in any detail whatsoever or questioning the source. In such a contentious area, where the methodology behind any study’s findings should be rigorously checked (as with the videogame violence studies, where so many bodies have a vested interest), this is frustrating.
The result is the global news recycling of a half-truth, one whose spread and popularity was fuelled by fashion and timing, not truth or usefulness, clouding the clarity of voices in this important debate yet further with meaningless echoes.

April 23rd, 2009 at 4:50 pm
There is one tremendous mistake in your piece. You write,
“an effort to guard their livelihoods and the livelihoods of their artists”
The music industry has never, and will never, have any interest in protecting the livelihoods of their artists. There are of course countless examples of this, but the best essay remains Steve Albini’s fantastic piece from the early 90s.
http://www.negativland.com/albini.html
It has dated, of course, but the facts remain the same.
When having this discussion, it is far too tempting to believe one is taking the middleground by being suspicious of the claims of those supporting P2P as they seem so extreme, but not investigate the claims of the Big 4, who are annually fined for blackmail, price fixing and price gouging, and who regularly bankrupt their artists.
The middleground is pretty hard to find in this debate, but I think it’s interesting to note that one side is willingly telling the truth about how they break the law and why, and the other side is regularly caught lying and using deception to continue their illegal business practises.
April 23rd, 2009 at 9:26 pm
Indeed, you’re right about proof being missing from this whole mess.
However, I don’t think that matters. What’s absolutely needed is a change in the music industry, however that is brought about. As John Walker pointed out, artists are very very frequently ripped off.
April 24th, 2009 at 9:33 am
John: but both parties are still breaking the law, right? Just because one is up front about it (and I’m not convinced that every pirate’s justification is necessarily the same, by the way) and the other isn’t doesn’t make too much difference here?
My issues with this story are twofold.
1. A claim has been made by a Business School that filesharers buy more music than non-filesharers. This fact has then been reported without any reference to the methodology of the study and in such a way to suggest a causal link between piracy and increased music purchasing (i.e. if you become a pirate you will then start to buy more music) when, as far as I can tell, the study says no such thing.
2. The press has reported the story without talking to the source, referencing the source in any detail or questioning the source. In such a contentious area, where the methodology behind any study’s findings should be rigorously checked (as with the videogame violence studies, where so many bodies have a vested interest), this is frustrating.
ManaTree: re: change in the music industry. I think this has happened with the Spotify model. Now owning music is largely meaningless to me, be it in solid state or digital format. I have most of the world’s music available to me at the touch of a button: it’s now a question of access, a shift that, in many ways, makes this whole sorry debate totally irrelevant.
April 26th, 2009 at 7:59 am
[...] After the Pirate Bay jail case, news of a report which said that pirates were 10x as likely to buy music as those who don’t pirate was waved around a lot. Simon Parkin wonders whether in the rush to use it as a flag whether we’ve actually torn it apart with suff… [...]
April 26th, 2009 at 10:08 am
My contention is not who is breaking what laws, but your erroneous claim that the record industry is motivated by the success of its artists.
My point regarding law breaking was merely to highlight that those taking the perceived “middle ground” tend to make enormous assumptions because one side is openly breaking the law. It’s far easier to acknowledge that and therefore move closer toward the Big Four’s territory in response. The problem being, when you investigate the scale of the barely reported law breaking on their side, it gets a little more complicated. And deciphering this complication because easier when you shed the delusion that the industry has any interest whatsoever in their artists’ making money.
April 26th, 2009 at 10:10 am
*becomes easier
April 26th, 2009 at 2:53 pm
I appreciate that your main issue is with the reporting of the study, but this is a timely article about the issue of ‘free’ music: http://drownedinsound.com/in_depth/4136660
April 26th, 2009 at 3:52 pm
John Walker,
If people only pirated music from the Big 4, maybe your point would resonate more with me. As it is, people pirate music from artists they like, whether those who are signed to the majors (who I agree are often vile and rather anti-artist) or on small labels that wholly support their bands. And trying to tangentially debate the actions the majors has nothing to do with Simon’s post, which discusses a lack of thoroughness on the part of those who carried this story.
I could question the validity of Simon’s use of “the media” when it’s really a number of newspapers, and not every outlet. There’s no proof that maybe thousands of news organizations chose not to post the story because they had the same qualms Simon does. But his point is still valid, IMHO, since many organizations did run it, and we still don’t know what the original methodology was. (Or at least I don’t, since I can’t read Norwegian.)
April 26th, 2009 at 7:56 pm
Great article. But I believe that the entire discussion is currently missing a central point (and if there are any students in the audience, pick up your Kant); Whether a label treats its artists badly or well, ripping off the publisher removes the artists’ possibility to sell their music. The industry depends on musicians selling their art to middlemen. And if these middlemen stop seeing a chance to sell to people, business WILL cease. So, from this point of view, even digital Robin Hood-ism harms everyone trying to sell their music. . .
April 27th, 2009 at 12:56 am
The link doesn’t need to be causal; a correlation is plenty. What’s your next point?
Oh.
April 27th, 2009 at 8:44 am
Hypocee: No, correlation is not enough.
The implicit point of citing the study is to say that piracy encourages purchasing. This is only newsworthy because it runs contrary to the more common belief that piracy takes the place of purchasing, rather than encouraging it.
The former is causation, and would be something interesting if true. The latter is correlation, and is just more of the same.
John Walker: I agree to a large extent, with one exception: I don’t believe the pirates are “telling the truth about how they break the law and why”. “How”, sure, but not “why”.
Pirates will come up with all kinds of justifications for their piracy — how the industry is screwing everyone or themselves in particular, how they’d buy it if it were cheaper / it had a sample or demo release, how the company behind it is evil, etc.
In the end, though, you’re getting something for free. Once you know how to pirate, and how minimal the everyday risks are, the temptation is strong enough that it’s hard to even be honest with yourself about your motivations, let alone with other people. (Speaking from experience here.)
Granted, pirates lying due to denial is probably better overall than record companies lying due to greed. But let’s not confuse truth with biased self-justification here.
Clockworks: The very mention of “the industry” in your comment carries with it the assumption that the current music industry is the only viable music industry. That’s only true today because their presence chokes out anyone who might compete with them in any major way.
Some artists already find better ways to get music to their fans. If “the industry” ceases business, it will be the business equivalent of a species going extinct because they can’t keep up with modern changes — an unfortunate fate, but at least it creates a void in the ecosystem for someone else to fill.