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The following is the first draft of this paper. The second will be writen after I’ve collected enough data with this poll. It’s only one question. Thanks in advance.

Internet Piracy has Unchecked Variables and Awarded Damages are often Ludicrious.

Getting something for nothing is the true American dream. No one wants to struggle, strive, and eventually become rich through toiling work anymore. We want to win the lottery, inherit a fortune, or sell that one really big book. It’s clear that online pirating is an extension of this bleak philosophy. Many likely feel that if they’re careful, and don’t overdo it, there will always be enough peers downloading more than them that they’ll remain safe. I don’t intend to debate the moral implications of these acts here, however. I’m more interested in exploring the idea that piracy can breathe life into downloaded material by way of exposure, thereby expanding it’s popularity.

I had one of the first versions of Napster. I’d start a download or three in the morning before school, and at least one would be done by the time I got home. I can still remember the very first song that came through. It was The Ramones, “Blitzkrieg Bop”. I’d never heard a song by the Ramones besides the real popular radio stuff. I sat there with my headphones on listening like it was the first song I’d ever heard. I bought a Ramones CD for my car a week later, and have since had countless, meaningful conversations about the Ramones with fans and non fans alike. I have no way of telling if I’ve actually ever influenced someone to buy an album or not. It’s a distinct possibility though. I know I’ve gone to concerts for bands who I didn’t have a taste for until I downloaded their music. Through conversations with friends I’ve come to the conclusion that this is not an isolated case.

Imagine the following scenario. Windows Vista is released, and it’s Microsoft’s perfect world. It’s completely unbreakable. No one that didn’t pay the release price of $199.00 USD (source) or greater is boned. The fact that users will not be capable of having it at your home to try it without an investment of more then $200.00 could be exactly what Linux zealots have been waiting for all along. However if pirated copies are available and all the PC gamers and nerds have Vista weeks after release history will repeat itself and Windows will continue to reign supreme for at least another generation of operating systems.

I hope to soon have evidence with my poll (though certainly not air tight) that the possibility exists that downloading material actually does lead to greater circulation of purchased materials as well. The only numbers that we’re given to indicate the damages caused by downloading are handed to us through organizations who make it their prerogative to create a case for seeking those damages returned from individuals and therefore obviously tainted by willfully turning a blind eye to several elements of the situation.

Four Things the RIAA and MPAA can’t possibly Account for when Calculating Damages from Piracy.

1. How many downloads went to a user who already owned the content?
2. How many downloads were never listened to, never actually used?
3. How many people who downloaded any given piece of media would have even considered paying for it?
4. How many users did end up paying for the content (or going to a concert, or something similar) after hearing/viewing it?

No one can provide accurate ideas of what the damages would look like if these questions could be answered, but it would certainly be a lot less severe than what we’re looking at now. It’s no surprise that the researches who’s job it is to compile data against piracy accept data without these aspects considered, but the rest of us need to take it into consideration. I’m certainly not saying piracy isn’t a crime. It is. However the damages awarded to the plaintiffs of piracy court cases are entirely ludicrous. Even if you’re able to prove that you’ve found the person who made a piece of material available to downloaders, without the existence of that copy, others would have been made. The awarded damages are never within the realm of sanity when considering this. That’s why considering downloadings positive influence, and the other unchecked variables is so important. The prosecuting organizations will do everything they can to make a dollar, justice has nothing to do with their job. They’re all looking for the new American dream too.

If you haven’t done so, please help me collect data for the next draft of this article with this one question poll.