FC: Reply to Hugh Prestwood and RIAA suing individual P2P users

[Declan McCullagh <declan () well com>]

[Hugh Prestwood (http://www.hughprestwood.com/bio.htm) is a country 
songwriter  who has worked with many famous singers including Judy Collins. 
--Declan]

---

Subject: Re: FC: RIAA finally acts: Sues individual P2P users
From: jason <jaegner () mindspring com>
To: Declan McCullagh <declan () well com>
Date: 08 Sep 2003 21:24:43 -0400

Declan,

I'd like to respond to Hugh Prestwood personally and the rest of the
recording industry reps generally.

First of all, know this:  I have never used any P2P application. But if
you want me to sign an affidavit attesting my innocence, you can get
bent.

Given that, and given my great respect for Hugh I can't help but address
his points in order to demonstrate what is really wrong here:

"What is becoming increasingly clear is that the great majority of you
truly feel no guilt about the "sharing" of what I have created and own
-- my music."

--No, Hugh.  What is becoming increasingly clear is that you're wanting
to over-own your creation for far too long.  Copyright is us giving you
a monopoly for a limited time.  It's certainly not us giving you (and
your kids...and their grandkids) a monopoly in perpetuity.

"You have lumped together many professions  artists, songwriters,
engineers, producers, publishers, etc. into one big ugly corporate
caricature -- a rich and corrupt industry that can be stolen from
remorselessly."

--Again, I don't believe that's the case.  I believe that the action of
"lumping together [of] many professions" has been done by the RIAA.  If
you don't like the backlash, perhaps you should focus your ire upon the
organization that claims to represent you to the public.

"Moreover, you have unfairly condemned me and my record industry peers
for bringing the law to bear against you.  In classic "blame the victim"
reasoning, you lay the responsibility for my losses at my feet, saying,
in essence, that the problem is not your theft, but rather my inability
to prevent it."

--See above...it is folly to expect the public to embrace extortion in
the name of art.  It is even more incredulous that you and your record
industry peers are alienating those who might become your best
customers...especially considering the fact that file hosts can migrate
from country to country.  And, please, PROVE YOUR LOSS!  Don't cry on my
shoulder about how the "evil pirates" are "taking bread from your table"
until you can prove the theft.

"Well, file-sharers, I righteously say "bull."  I,
songwriter/publisher,labored for years to create those songs, and I
really do legally own them."

--Finally, a glimpse of the arrogance that promulgates this debate.
Hugh, you're right.  You worked your ass off on those songs, but the
only reason you "really do legally own them" is because we, the people,
at one time respected your work because we had the expectation that we
would be able to expound upon your work one day (within our lifetime)
without paying you for that opportunity.  When it was asserted that your
ownership of your songs lasted beyond your lifetime, it cut into the
public domain.  And you have the nerve to be offended that your
great-great-great grandchildren might not be able to own and capitalize
on your ideas?  Heaven forbid they have an idea of their own.  :)

"I  not you -- have the right to control what happens to them, a right
your technology does not trump."

--This assertion is being proven wrong today.  Your right used to be
able to trump technology.  That is no longer the case.

Let us come together.  You often love what I create, and I need to make
a living.  I have been trying for several years now to find a way for us
both to be happy  where you can easily acquire my songs and I can be
justly rewarded for my creativity.  Try as I might, however, thus far I
have been unable to find a way to compete with "free".  You must help
me.

--Absolutely.  I want to reward your talent and keep bread on your table
because I love your music.  But sueing your fans/customers?  Wouldn't it
help if the RIAA were able to prove the FUD they've been feeding
everybody?  I believe that it's highly probable that this "piracy" that
is so despicable to the entertainment distribution cartels might
actually be a boon to society as a whole.


Get a clue, Hugh.  We're not consumers anymore.

--Jason





>
> Hugh Prestwood, number-one Country Music hit songwriter:
> Dear File-sharers,
>
> What is becoming increasingly clear is that the great majority of you truly
> feel no guilt about the "sharing" of what I have created and own -- my
> music.  You have lumped together many professions  artists, songwriters,
> engineers, producers, publishers, etc. into one big ugly corporate
> caricature -- a rich and corrupt industry that can be stolen from
> remorselessly.  Additionally, in your "yes, Virginia, there is a free
> lunch" mentality, you have unthinkingly devalued songs to the extent that
> you perceive them as trifles  something of little value to be partaken and
> enjoyed at no cost.  Moreover, you have unfairly condemned me and my record
> industry peers for bringing the law to bear against you.  In classic "blame
> the victim" reasoning, you lay the responsibility for my losses at my feet,
> saying, in essence, that the problem is not your theft, but rather my
> inability to prevent it.
>
> Well, file-sharers, I righteously say "bull."  I, songwriter/publisher,
> labored for years to create those songs, and I really do legally own
> them.  I  not you -- have the right to control what happens to them, a
> right your technology does not trump.  You are dead wrong to simply give my
> songs away and undermine my only chance to profit from my creations.  Don't
> tell me that I should gracefully pardon your hand in my pocket.  Don't
> insinuate to me that, because your thievery is so facile, perhaps I should
> find some other way to make a living.  Your "hobby" is taking the bread off
> my table, and I have every right to use any and all legal means possible to
> discourage your destructive practices.
>
> Let us come together.  You often love what I create, and I need to make a
> living.  I have been trying for several years now to find a way for us both
> to be happy  where you can easily acquire my songs and I can be justly
> rewarded for my creativity.  Try as I might, however, thus far I have been
> unable to find a way to compete with "free".  You must help me.
>
> First, you must wake up from your fantasy that songs should rightly be
> free, and that no one is being hurt by your theft.  I and all my fellow
> songwriters (among others) are seeing our futures seriously
> threatened.  Second, you must "raise your consciousness" to where you
> understand that a career in music is brutally serendipitous and difficult
> to maintain.  The ability of artists and songwriters to have any kind of
> dependable, longer-term, income is entirely linked to their ability to
> control their copyrights.   Without copyright protection, aspiring artists
> and songwriters had best not ever consider quitting their day jobs.
>
> Finally, you must realize that in real life you really do get what you pay
> for.  If you won't pay for music, you will soon be receiving a product
> commensurate with your thriftiness.  A society that doesn't value a
> commodity enough to pay for it will soon see the creation and production of
> that commodity cease.
>
> --Hugh Prestwood
>





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