Music Business:Happy Holidays, We Won't Sue

This just in:
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/12/19/financial/f115719S10.DTL&tsp=1

"We're at a point where there's a sense of comfort that we can replace one form of deterrent with another form of deterrent," said RIAA Chairman and Chief Executive Mitch Bainwol. "Filing lawsuits as a strategy to deal with a big problem was not our first choice five years ago."

In an industry in its final death throes, it is astounding to me that the head of the organized crime, er, organized music business can make the above statement and not collapse from laughter. When you are literally starving for customers, the best you can offer them is one form of deterrent to another? Really? And this is your business plan. Ok, then.

I understand that downloading music online is seen by the industry, and by some musicians, as the equivalent of shoplifting. I get that. But here's the simple truth -- it's simply not. It's file sharing. If some kid sees a file online at a site which is perfectly legal to be on, and the file is offered for free, then how is that the same as taking something from a store? The problem is not the customer, the problem is the provider.

The music industry, in its ignornance and greed, completely ignored the digital age, except to harvest obscene amounts of money from CD sales. They make a CD for pennies and sell them for $15 each. When music became digital files, swappable through computers, the industry just didn't see it happening until it had become part of the culture. Once it had, oh my. Then the customers were bad. And liable. And subject to litigation, and in need of educating. 35,000 people, mostly kids, were sued by the record industry, for the crime of downloading files off of a computer.

Hey, record executives: we realize that ya'll don't have degrees from Harvard Business School, but here's a little newsflash for ya: people download files off the Internet every. single. day. For free. It's part of the culture, for goodness sake. You are the only industry (well, you and your moronic cousins in the movie industry) to make it a crime. You should have seen this coming many years ago, and invested some time, energy and brain power into designing a suitable model for this form of distribution. But, of course, you didn't. Because your distributors were busy explaining that they were still important. How's that working out for you these days?

Personally, as a professional songwriter/musician who stands to lose money from the taking of my intellectual property, I am all for marching these fools off to prison for instigating this legal form of terror on innocent people who were (gasp!) trying to enjoy some music. Yes, the old ways of doing things worked out very well for those musicians and songwriters lucky enough to sign with a label and get work. Hundreds of thousands of musicians and songwriters were left out of that loop, though. No longer. The wild west of the Internet has leveled the playing field, and the industry as we know it ceased to exist in actuality several years ago. It just doesn't know it yet. I celebrate that demise.

But far more importantly, I look forward to the new music business as it grows in front of our eyes. There are exciting opportunities everywhere right now, and we get to watch things take shape from the beginning. At the very least, we won't have to watch kids getting sued for the crime of enjoying the music.