Century Media Is Suing Over Illegal Downloads

Century Media has filed a lawsuit in New Jersey against 7,500 people who illegally downloaded titles by their artists, specifically Lacuna Coil and Iced Earth. We are talking about copyright infringement lawsuits here, people. The lawyer for Century Media is seeking $150,000 per case. This fascinates me. As most of you know, I've long been an anti-download girl. I fully believe bands and labels deserve to be compensated for their product. Still, ticking off and terrifying customers isn't brilliant business practice either.

This all gets tricky, too, because lawsuits require, you know, evidence... and that means tracking down the IP addresses of the alleged thieves. Our friends at Metal Insider break it down very nicely. Basically, it's going to be difficult and costly for Century Media to litigate these alleged download thefts.

I bring this up, not really to speak about Century Media, who I quite like actually, but to discuss downloading more broadly. It's amazing to me, all these years after Napster, that there still isn't a clear cut way to 1) stop illegal downloading or 2) punish the most voracious of offenders. Look, I'm not talking about the kid who downloads two albums a year. I'm talking about the pirates that spend their days, trolling for album leaks and popping them online, for thousands to "enjoy." To me, illegal downloading is an economy of scale issue. Yes, it's bad no matter how often the offense, but we have to be practical in what we punish. Century Media has every right to go after thieves and seek some restitution for money lost. I just don't know if these one-off lawsuits are going to net us any real discourse on the subject. I have no answers to the problem here. But clearly the dinosaur model of big music marketing isn't really cutting it anymore. Thoughts?

Comments

[Ace Steele]

Ally is right to say that there isn't a clear cut way to stop illegal downloading. The children of today have grown up in a society where they believe it's OK to just take, because "music should be free". And that's too bad. Some of the best memories of growing up are the ones of saving up to buy the new releases by my favorite bands. And once I did, I'd spend hours reading the liner notes, & listening to the music contained in those vinyl discs. There is no "collecting" of records, it's all just faceless digital code now. There's no incentive for artists to make new records, because the music will be ripped off & given away within hours of any new record release. What's the point? Sadly, we've seen the end of superstar acts like KISS, Def Leppard, Led Zeppelin, & any other act with a 30 year career of consistently releasing new music. There's nothing in it for the artist anymore.

[Metalboy!]

I've heard Cinderella's had a "Platinum" level album (at least by 1987 Standards) in the can for several years now and that Kiefer shopped it around, expecting a bidding war for a million dollar deal.

You may have seen the record exec interviewed in Sam Dumb's disrespectful Glam Metal episode of his show, "Metal Evolution", where the guy tells the story of a young A&R kid stopping into his office because he heard amazing music emanating from it's walls. The kid popped his head in and asked the guy, "Hey, what's that?" the guy replied, "Cinderella". And the kid said, "Oh."

I was able to talk to all of the members of Cinderella individually as I would randomly run into them during the course of "The Monsters of Rock Cruise" earlier this year. I changed up what i said to allmof them a little bit.

For instance, I had to tell LeBar he's not filming a video, so he duzn't have to spray people with his fountain of spit during "Night Songs". The one thing I told all of them was they are "Legends".

Now, granted, I think the kids have helped bring back bands like Cinderella. I go to their concerts and a third of the crowd is people 15-25 and another 1/3 is people 25-35 with the rest of he crowd 36 and above. Exposure to REAL Rock and Roll such as Cinderella has happened because of their Parent's record and CD collections but probably much more due to the fact that their friend's turn 'em onto it or they discover the music through YouTube and file sharing free downloads.

Personally, I like having "the thing" in my hand or if I do download something I do it on iTunes or from a band's website. Now, granted, if you truly can't find something,...

... Try finding Kick Axe's version of Humble Pie's "30 Days In The Hole" ...

...one pretty much has to resort to illegal downloading. Unfortunately, it's no treasure hunt for most kids today, as Allison and Ace point out. They just systematically download songs du jour for their cell phones having no idea who these people are or what they're about unless they happen to catch 'em live or online at TMZ's website or some sh*t.

It devalues the music and "Legends" like Cinderella remain so, but mostly in their own minds.

p.s. the whole thing has gotten so out of hand, it makes me wonder what kind of numbers Led Zeppelin's new 2007 Reunion Concert movie, "Celebration Day", will put up. Or how soon you'll be able to watch it on YouTube from someone sneaking into the theatre and surreptitiously videotaping it in HD. Or how soon we'll be able to listen to the concert from the CD before it's released. As Ace says, "Take, take, take."

[bryon]

I don't feel a lot of sympathy for record companies, in the same way that I don't feel a lot of sympathy for turntable or cassette-player manufacturers - technology always pushes change, and you either keep up & adapt, or you go under. It's simply reality that a lot of the traditional services offered by record companies (e.g., distribution & bankrolling) are not as important as they once were. Bands can now make high quality recordings very inexpensively, and can distribute their music for free. There are some things (e.g., advertising) that record companies can still do, but the money simply isn't there any more.

Suing their customers is simply grasping at straws. Even if successful, they will never get the money they are suing for, and they are damaging what little goodwill they have left.

Also, it's not only illegal downloading that hurt them; it's digital distribution in general. I'm a good example of that: I used to spend $500 or more per year on new CD's. Now I spend less than $150 per year for my rdio.com subscription, and the odd iTunes purchase. Granted, I still spend well over $1,000 per year seeing live shows, so the bands get lots of money from me anyway.

Would the record companies like to keep the model where they forced us to buy a full-length album instead of a single song? Of course they would. And would they like to continue to re-sell us the same stuff over and over again as formats change? Of course they would. But those days are simply gone.

Personally, I think it's for the better, but I realize that not everyone shares my opinion.

[Bob]

Bryon, count me as someone who absolutely agrees with your opinion. to the record labels, and the overall outdated business model of the music industry -- I think Bob Dylan said it best, "and you'd better start swimming or you'll sink like a stone, for the times they are a changin'."

Ally, you described pirates as "Trolling." That's exactly what these lawyers are doing in this mass lawsuit. they have no intention of taking 7,000 people to court. rather, they shotgun out a bunch of these trolling suits in hopes that some of the people will settle out of court for a few thousand dollars a piece. copyright trolling has become a business in and of itself...Pretty pathetic if you ask me.

[Gary]

I'm 50/50 on this.On one hand,I have absolutely no sympathy for record companies who for decades, robbed bands blind on their 1st record deals.I understand the company takes all the risk in the beginning,but lets face it,1 "Skid Row" type deal (where the band sold multi-millions of copies,yet were flat broke because of the shitty deal)more than covered for the misses.


On the other hand, you have to feel sorry for artists who now pretty much have to live on the road to make any kind of money,because their music is just ripped for free by the masses.I haven't illegally downloaded anything in at least 5 years or more.I pay via itunes for any music I want. But as MB pointed out, if you want something a little esoteric from back in the day,you're pretty much going to have to pirate it,because it's simply not available legitimately.For Chrissakes I can't find Dirty Weapons from Killer Dwarfs on itunes! 8~(

[GNR]

I'm also 50/50 on this. I have definitely bought my fair share of music since my days of blowing my whole $22 paper route check at the local music shop. We had a dimestore that would have the mainstream stuff, but we also had an actual MUSIC shop in a town of 5,000 people where we could order whatever we wanted.

As I grow older you realize you were definitely overpaying back then but didn't realize it at the time. I laugh when you hear about the pocket change it costs to actually make/distribute a CD/tape/album. You want me to buy a tangible product now ? Well price it that way. They are starting to get the hint a little with some stuff I've seen, so hopefully it keeps that way. Especially including rarities, recordings, etc... that you only get when purchasing the product. For instance Best Buy had Foreigners first four albums for $20 in a nice little case. Not groundbreaking, but on the right track.

That being said, I think the masses now are just moving these pieces of product to digital devices and that's where the problem exists. The record companies were ok with us having dual tape deck players and making tapes, but now it becomes a problem when technology has outpaced them.

Its not really there fault that technology will let me basically RECORD anything that I want. It doesn't matter what format it comes in. When you cam make MP3s from anything on youtube ? The sky is the limit.

So how do you combat that ? LOWER your prices on music. Make me want to buy as much music as I can with my $20 bill. $.99 a song is TOO MUCH for downloads. Offer me higher quality downloads instead of the standard 128 itunes quality. PROMOTE, PROMOTE, PROMOTE these bands. There's 300 million + of us in the US alone. We have such a wide variety to choose from and such diverse avenues other than radio.

That being said, I've downloaded a lot of music. Lot of which I already own, but just looking for better quality from when I ripped it from my own music collection. Some I've downloaded to give a try and ended up buying their whole catalog. Its a matter of being honest with the artists and yourself. There should be MORE PSAs about stealing music, plain and simple. But then again it opens up the avenue of those that haven't and it might dawn on them that they can.

And I'm not a huge computer whiz, but wouldn't it have made sense to not have the world wide web where 1,000,000s of songs can be housed on a server in the Ukraine ?? Just saying...

[Bob]

I just read a comment from Jon schaffer of Iced Earth that not only were they not consulted about this lawsuit, but that he also doesn't approve. so much for the bs from the labels that they have the artist's best interest in mind. Here's a link to the article.

http://dlvr.it/29w9PP

[Bob]

I just read a comment from Jon schaffer of Iced Earth that not only were they not consulted about this lawsuit, but that he also doesn't approve. so much
for the bs from the labels that they have the artist's best interest in mind. Here's a link to the article.
 
http://dlvr.it/29w9PP

[GNR]

Ipod to drive to work song of the morning ~ Walls Come Down by Every Mother's Nightmare (glam enough for ya ?)

http://www.youtube.com/watch?v=AZZ3EXO2_Vo

[Bob]

My apologies for the double post about Jon schaffer. Only meant to post it once.

[scott whitt]

I'm with Ally on this. Not a fan of downloading because it is stealing. Best Buy has most new releases the week of for $9.99 if not $7.99. Besides that Amazon has them at $9.99. IF you think $10 is too much to pay then that's on you. Plus Amazon has tons of stuff on sell for $5 a MP3 album. I just got the new Amanda Palmer for $5 and it just came out.
I saw The Henry Rollins show on Sundance Channel and he was talking with Gene Simmons. Gene said that the people that have killed the music industry are the fans. They have decided that music is not something they want to pay for. So we are where we are. Granted the companies were slow to act but don't see how you can complain now. GNR thinks 99 cents is too much to pay for a song? Really? What else can you buy for a dollar that will give you that much enjoyment?
Suing the downloaders is not the answer. It is just a small cash grab that makes the lawyers money.
In regards to Kick Axe or Killer Dwarves or others. You do not have an inherent right to have something. Things have been out of print in books and music since they came out.

[Bob]

Scott, in the days of physical media, I could understand the concept of something being out of print. As long as the masters still exist, why in the digital age is any album whatsoever not available for purchase? Digitize the album, slap it on a server, charge money for people to download it...done! The copyright holders of these Kick Axe and Killer Dwarves albums have literally made it impossible for people who want to spend money on them legally to do so, but yet they'll scream bloody murder if someone downloads those albums illegally, even though they haven't lost a sale.

[Rock-It]

Just my 2 cents worth:

I've never in my life downloaded any music be it legally or illegally. Just not my thing. If I want something bad enough I'll find it somehow.

I actually get tired of hearing about it all.. My thoughts are that people are going to do what they are going to do. It will be a battle that rages on long after I am gone. Just like with anything.. one side gets ahead and the other finds a way to catch up.. it is a vicious circle.

[Blow My Fuse]

I do not believe in downloading anything so someone can make a profit off of it. But in the same thought how many people use to listen to the radio station every Sunday night when they would play an new album in its entirety and have a blank cassette in to record it. Same thought, just a lot better technology today. I could not tell you how many times I bought an album more than once, some of them I had a 8-track, casssette, album and CD, but now the record companies expect me to by the digital verision of the same song. I am not buying this crap, the record companies continue to make money, the bands for the most part survive from their concerts/t-shirts, and the consumer (us) continues to get screwed in the long run. If I go to a major city or a flea market, I can openly buy a bootleg copy of a album. I say go after them, and let the little guy alone.

[Kenny Ozz]

Well, there goes the careers of Lacuna Coil and iced Earth. I get that so many people steal music now, and that its wrong. But there is NOTHING that the labels and bands can do to stop it. And suing people surely wont garner any sympathy or gain any sort of positive reaction. Ask Lars. Jussayin.

[Metalboy!]

Gary -- there's a Killer Dwarfs "Dirty Weapons" CD on Ebay right now for a "Buy It Now" price of $8.00 and a remastered rerelease with 6 bonus tracks for $13.47 or if it's just the song, "Dirty Weapons", you're talking about, as that's what myself and others often only want from iTunes -- a single song -- well, here's something you CAN'T GET on iTunes OR by illegal download:

http://www.ebay.com/itm/Killer-Dwarfs-dirty-weapons-RARE-promo-only-2-CD-w-2-stickers-Extremely-limited-/251065206877?pt=Music_CDs&hash=item3a74a7085d

As for Kick Axe, Scott, what I broke down and downloaded was a specific song I had been trying to find for months, their killer cover of Humble Pie's "30 Days In The Hole". The only way this has ever available was as a bonus track on the first press of the cassette version of their "Vices" album or on the soundtrack to an 80's Teen B Picture called "Up The Creek", which has never been released on CD.

Now, too your point, I could have bought one or both of those things used on Ebay at the time I downloaded it, instead of downloading it, and gone through the hassle of having it transferred to CD and then downloading it from that. Interestingly, because I am paranoid about losing downloads -- at least ones that might not be easily attainable, per se -- I did wind up buying the "Up The Creek" LP and had it transferred in order to have some kind of downloadable hard copy in my collection.

I like the idea GNR presents -- put it all up for purchase. Unfortunately, there's so much red tape with contracts and lawyers that prevent it from happening any time soon. Maybe after copyrights expire long after we're dead will all of this stuff be free and available as guilt free downloads.

Not to feed the evil beast, but someone told me about software that allows you to download from YouTube, not that I would ever do that. But when I start thinkin' about how easy that would make it to download cuts from ELI, "Beware of the Dog", a CD as good or better than any Dokken release, yet is so über rare, it trades for upwards of $1000, it's mighty tempting!

I really think that's the issue here -- If it's easily gettable on iTunes, Amazon, a band's website or another online service or on a relatively affordable CD, it should be purchased. If it's not something really financially feasable or nearly impossible to get by any other means, but it's readily available by surreptitious means online, that's when it's within the plausibility of justification for clandestine download.

p.s. GNR -- Yes! Yes! And Yes! "Walls Come Down" by Every Mother's Nightmare is the Killerest! Thanks for puttin' that up! According to my iTunes, I haven't heard it since July of 2010! BADA*S!

[Bryon]

Metalboy: the issue is far less black and white than just "if it's easily gettable...it should be purchased." The always-on, always-connected environment that we live in has completely blurred the lines of ownership, to the point that they are meaningless in most cases. Case in point, Century Media has a officially posted an HD version of Trip the Darkness by Lacuna Coil on YouTube - http://www.youtube.com/watch?v=VTT6picaCoQ. Through my iPhone, iPad, Blackberry, whatever, I can access this song how I want, when I want and where I want, completely free and completely legit. I can also, completely legally, open a free Spotify account and listen to full albums anytime, and anywhere.

And in fact, much like broadcast media, Century Media actually generates revenue from these models based advertising, royalties, etc.

So what I don't understand is how can Century Media make an argument that I'm stealing if I download an .mp3 file from PirateBay, but not if I view on YouTube? How is it that someone is a criminal if they access a digital file, but perfectly legit if they access the exact same song in a different format?

Technically, I'm guessing that Century will argue that since PirateBay is a distribution stream that they don't generate revenue from, it's stealing. But for kids who have grown up
just knowing that everything is available, usually for free, and usually legit, I don't even think it makes sense. It's not about ownership for them, it's about access, and companies like Century Media already go to great lengths to make their artists accessible.

Just like record companies need to change because of technology, so do the artists. Earning a regular paycheck from royalties is no longer realistic, so they need to change. Revenues will come from performing live, selling merch and selling physical copies & special editions to collectors and their hard core fans.

[glamrockerarchie]

im also split on this whole dl issue, i have dl music i wont lie but i also buy cds and will continue to do so but i dont agree that dl is the only problem. i have a problem with a band putiing out a shit cd with only one good song and then going to the store and seeing it cost almost $30 is just crazy. i will dl that one and not feel bad but cds decently priced such as steel panther ,last crue, last bonfire, last couple europe and a few others ive purchased were worth it. all cds should be no more than $10 i would have a ton more, i have tons now and still have my huge cassette collection that are store bought and also a big collection of vinyl. bands and record companies as far as im concerned are both at fault, bands have to put out better albums in some cases and record companies need to be realistic as there are still many people that buy cds, as much as people hate nickelback(i like them) they sell millions of copies so obviously cd format is not dead and some other artists as well sell millions, but as for 80s type bands price then at a decent price as there fans are older and have many more responsibilities so if its priced well ill buy it if its outrageous as many are people will just dl.

[Rita]

Glamrockerarchie - Agree with a lot of what you said. Hate it when you buy a CD and every song turns out to be filler, except for the one you wanted in the first place.

Also, will be honest and say a lot of the time, I will only download a song that I would never buy anyway. For example, Train - Drive By, liked the song but I would never in a million years by a Train CD. So by downloading the song, is the band really missing out on revenue? No. If I didn't download that song, I would just go without rather than spend money on it to buy it as I'm sure there won't be any other songs on it that I would listen too.

[fletch]

I'm split, too. I whole-heartedly agree with Kid Rock's "public service announcement" about illegally downloading music, while at the same time I say 'shut up and play" (in concert, that is.) In one sense, the music is being stolen, while in another sense, it is being shared and enjoyed, which ultimately supports the band in the collective totality. Sure there are arguments (very viable arguments) on both sides.

I think bands should focus on what they do best- perform their music live for their fans, rather than sit in a studio, put out music and then collect royalty checks. That being said, I have never downloaded illegal material, but I have stolen intellectual property from MB a time or two, and yes, it still bothers me.