This I feel is one of the main sticking points which leads to the current trends in litigation. Media groups tend to equate a download with a (potential) lost sale. This is just not the case. Many people who download, especially cross borders may discover television from other countries to which they had no access. If they are sufficiently impressed, this may actually result in INCREASED sales as they find a way to import the DVD. It is also easier to download something which you may have missed airing in the previous week, or became talked about among friends. Again, this may result in potential extra DVD sales if the rest of the series is out on DVD.

Many other people who download are of course unable to afford the vast majority of what they download due to sheer quantity. They may therefore buy DVD's of their favourite shows but be unable to buy much else of what they download. This group is also not equating with lost sales, as the money would not be there in the first place. They may be getting something for free, but still are not lost sales.

Another point to consider is that the vast majority of downloads are related to programmes aired on television, either as free to air services, or subscription. In both models you are not paying for content directly, and indeed can record the programmes you yourself have access to.

It is my opinion therefore that a lot of the counted 'sales lost' or 'potential sales lost' are based upon estimations that just do not hold water. I would estimate less than 10% of potential lost sales are indeed lost. I also believe that sharing within friends or private recording makes little difference.

Of course, the easiest solution is to make all programmes available to download directly from the programme maker or distributor, for a price of £4 or less, with adverts at the start, the end (and possibly the middle). The combination of advert funding and the small takings from sales to a global audience should be sufficient to fund the media. This has the added advantage of being able to provide funding more directly to programme makers.

Sadly, it is rare that media institutions are forward looking, nor wish to reconsider their current policies to take into account recent technological developments. What makes this worse is that a large number of people within their companies are likely to be 'illegal' downloaders, and there will be some that also know distribution protocols such as bittorrent, and the necessary economics to distribute in this way. I doubt however, any such people would find it advantageous to reveal this to their employer, unless they already held a large amount of influence in the company.

James Cridland wrote:
On 1/31/07, *Dave Crossland* <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>> wrote:

    > > If you make furniture, the fact that furniture-duplication
    wands are
    > > invented does not give you the right to restrict people from
    > > duplicating chairs.
    >
    > No, but I should have the rights to restrict people from
    duplicating MY
    > chairs.

    I'm sorry I wasn't clear, because that's what I meant. Restated:

    If you make furniture, the fact that furniture-duplication wands are
    invented does not give you the right to restrict people from
    duplicating the chairs you made. Restricing commercial duplication
    might be okay, but not non-commercial in-the-public-view duplication,
    and certainly not private between-friends duplication.

Don't agree. No duplication is truly non-commercial; every act of duplication still results in the loss of a potential sale (assuming that I am selling these chairs). Given that, I am well within my rights to, if I choose, wish to prevent duplication - whether it's private-between-friends, or private-between-anyone on the internet, or anything else. If you don't like that, you don't have to buy my chairs!

--
http://james.cridland.net/

        
        
                
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