by
      Jonathan
      Smith
     
     
      Reporter
     
    
   
   
    
     
      In
      a
      ruling
      by
      a
      judge
      of
      a
     
     
      federal
      court
      last
      Wednesday,
      it
      was
     
     
      determined
      that
      internet
      service
     
     
      providers
      cannot
      be
      forced
      by
      the
     
     
      music
      industry
      to
      reveal
      the
      identity
     
     
      of
      music
      downloaders
      .This
      effec-
     
     
      tively
      means
      that
      the
      practice
      will
     
     
      be
      legal
      in
      this
      country,
      and
      that
     
     
      downloaders
      will
      not
      have
      to
      fear
     
     
      prosecution.
      Judge
      von
     
     
      Finckenstein
      of
      the
      Federal
      Court
     
     
      decided
      that
      he
      didn’t
      consider
      the
     
     
      practice
      of
      file
      sharing
      and
      down-
     
     
      loading
      to
      be
      stealing.
      Supposedly,
     
     
      because
      the
      consumer
      pays
      tax
      on
     
     
      -
      blank
      CDs
      it
      remains
      legal.
      Not
      sur-
     
     
      prisingly,
      the
      record
      companies
      are
     
     
      unhappy
      with
      the
      ruling.
      However,
     
     
      between
      artists
      and
      distributors,
     
     
      many
      of
      whom
      are
      independent
     
     
      from
      the
      industry
      giants
      such
      as
     
     
      Universal,
      there
      is
      much
      debate
      rag-
     
     
      ing.
      Some
      feel
      the
      ruling
      is
      a
      sign
     
     
      that
      the
      court
      sees
      through
      the
     
     
      record
      industry’s
      claim
      that
      down-
     
     
      loading
      and
      file-sharing
      will
      have
     
     
      dire
      consequences
      for
      music.
      Others
     
     
      feel
      that
      it
      is
      a
      sign
      that
      the
      judge
     
     
      simply
      didn’t
      understand
      the
      con-
     
     
      cept
      of
      the
      media
      and
      how
      it
      affects
     
     
      artists.
     
    

    
     
      The
      reality
      is
      that
      threaten-
     
     
      ing
      to
      make
      file-sharing
      and
      down-
     
     
      loading
      illegal
      and
      even
      threats
      of
     
     
      legal
      action
      against
      selected
      indi-
     
     
      viduals
      hasn’t
      done
      much
      to
      curb
     
     
      the
      habit.
      Since
      the
      ability
      to
      down-
     
     
      load
      free
      music
      really
      hit
      the
      main-
     
     
      stream
      with
      the
      development
      of
     
     
      Napster,
      it’s
      become
      something
      that
     
     
      many
      people
      do
      on
      some
      level
      or
     
     
      another.
      Over
      the
      years
      it
      seems
      to
     
     
      have
      become
      as
      routine
      as
      copying
     
     
      albums
      to
      cassette
      tapes
      and
      trading
     
     
      them,
      a
      practice
      that
      in
      its
      time
      was
     
     
      seen
      as
      an
      enormous
      threat
      to
      music
     
     
      sales
      and
      artists’
      copyrights.
      Yet
      the
     
    
   
   
    
     
      industry
      survived,
      and
      sales
      didn’t
     
     
      plummet
      to
      an
      apocalyptic
      low.
     
    

    
     
      The
      question
      that
      must
      be
     
     
      asked
      of
      course
      is
      whether
      this
     
     
      means
      that
      downloading
      music
      is
     
     
      right.
      Many
      people
      seem
      to
      have
     
     
      opinions
      about
      this.
      It
      is
      worth
      not-
     
     
      ing
      that
      the
      people
      the
      companies
     
     
      went
      after
      (29
      of
      them)
      were
      not
     
     
      casual
      downloaders
      of
      music
      but
     
     
      were
      actually
      chronic
      uploaders
      of
     
     
      as
      many
      as
      4000
      songs
      each
      to
      mil-
     
     
      lions
      of
      users.
      What
      about
      the
      aver-
     
     
      age
      user,
      who
      may
      make
      a
      mixed
     
     
      CD
      for
      their
      own
      use
      or
      to
      share
     
     
      with
      their
      friends
      some
      of
      the
      new
     
     
      music
      they’ve
      discovered?
      Does
     
     
      such
      _
      behaviour
     
     
      really
      harm
      artists
     
    
   
   
    
     
      but
      more
      on
      pro-
      making
     
     
      motion
      and
      mak-—
     
    

    
     
      ing
      money.
      These
      days
      the
      singles
     
     
      seem
      to
      be
      the
      focus.
      The
      artists,
     
     
      heavily
      endorsed
      by
      companies
      in
     
     
      terms
      of
      everything
      from
      their
     
     
      sound
      to
      their
      image,
      spend
      all
      their
     
     
      effort
      into
      that
      one
      radio
      hit,
      and
      fill
     
     
      the
      rest
      of
      the
      album
      with
      filler.
     
     
      Personally,
      I
      like
      to
      listen
      to
      albums.
     
     
      I
      like
      the
      idea
      of
      finding
      bands
      that
     
     
      don’t
      care
      what
      the
      average
      public
     
     
      thinks
      and
      that
      produce
      albums
      that
     
     
      I
      want
      to
      play
      all
      the
      way
      through.
     
     
      To
      me
      it
      seems
      such
      albums
      are
     
     
      becoming
      a
      thing
      of
      the
      past,
      and
     
     
      that
      isn’t
      a
      good
      thing.
      I
      don’t
      enjoy
     
     
      paying
      through
      the
      nose
      for
      a
      CD,
     
     
      but
      I
      don’t
      mind
      paying
      as
      much
     
     
      when
      know
      I’ll
      be
      getting
      value
      for
     
     
      my
      money
      and
      an
      album
      that
      I
     
    
   
   
    
     
      UPEI
      Cadre
      Apri
     
    
   
   
    
     
      could
      enjoy
      for
      years
      to
      come.
     
    
   
   
    
     
      Maybe
      I’m
      biased,
      because
      I
      listen
      -
     
    
   
   
    
     
      to
      music
      for
      it’s
      own
      sake.
      Music
     
     
      accompanies
      almost
      every
      aspect
      of
     
     
      -my
      life,
      and
      I
      wouldn’t
      have
      it
      any
     
     
      other
      way.
      It’s
      not
      just
      about
      finding
     
     
      that
      rocking
      dance
      tune
      to
      accompa-
     
     
      ny
      Friday
      nights
      at
      the
      bar.
     
     
      Society
      seems
      to
      have
      taken
     
     
      a
      strange
      view
      of
      music
      as
      a
      whole.
     
     
      We
      have
      artists
      that
      are
      being
      creat-
     
     
      ed
      under
      the
      guise
      of
      entertainment,
     
     
      but
      only
      if
      they
      produce
      maximum
     
     
      profits
      for
      the
      companies
      behind
     
     
      them.
      This
      seems
      to
      be
      the
      case
      for
     
     
      artists
      that
      are
      being
      produced
      as
      a
     
     
      side
      effect
      of
      such
      “reality”
      TV
     
     
      shows
      as
      Canadian
     
     
      Idol.
      There
      seems
     
    
   
   
    
     
      or
      the
      industry?
      cha
      hese
      to
      be
      an
      expecta-
     
     
      Isn’t
      it
      possible
      me
      £
      ocus
      tion
      that
      artists
     
     
      -
      that
      there
      are
      other
      days
      che
      work
      for
      the
      pay-
     
     
      reasons
      why
      CD
      ,
      no
      Longer
      ing
      public,
      and
      that
     
     
      sales
      are
      drop-
      s
      ‘sts
      and
      bothers
      me.
      In
      my
     
     
      ping?
      on
      arti
      p
      opinion,
      like
      other
     
     
      a
      i
      ae
      to
      their
      mus
      1Cyr
      oe
      Bae
      2
     
     
      me
      that
      these
      days
      :
      should
      be
      allowe
     
     
      the
      focus
      is
      it:
      put
      more
      to
      create
      the
      art
     
     
      longer
      on
      artists
      -
      omot
      Lom
      aN@
      they
      want,
      and
      if
     
     
      and
      their
      music,
      Pp
      #
      millions
      of
      people
     
    
   
   
    
     
      e
      °
     
     
      non
      Y
      sixe
      it,
      great,
      andié
     
    
   
   
    
     
      they
      don’t,
      then
     
     
      they
      shouldn’t
      have
      to
      change
      to
     
     
      suit
      mass
      public
      demand.
      When
      I
      go
     
     
      to
      a
      concert
      and
      enjoy
      a
      show,
      or
      lis-
     
     
      ten
      to
      an
      album
      that
      makes
      a
      bad
     
     
      day
      seem
      just
      a
      little
      bit
      more
      bear-
     
     
      able,
      than
      I
      don’t
      expect
      the
      artists
     
     
      to
      owe
      me
      anything.
      It
      is
      I
      who
     
     
      wants
      to
      thank
      them
      for
      producing
     
     
      the
      music
      they
      wanted
      to
      that
      just
     
     
      happens
      to
      fit
      with
      what’s
      happen-
     
     
      ing
      in
      my
      life
      as
      well.
     
    

    
     
      Personally,
      I
      download
     
     
      music
      for
      many
      reasons.
      I
      do
      it
      to
     
     
      discover
      artists
      I
      wouldn’t
      ordinari-
     
     
      ly
      discover
      living
      on
      isolated
      and
     
     
      sheltered
      PEI.
      When
      there
      are
      artists
     
     
      that
      I
      particularly
      enjoy,
      I
      will
      use
     
     
      file-sharing
      to
      download
      rare
      demos
     
     
      or
      b-sides
      that
      are
      no
      longer
      com-
     
    
   
   
    
     
      15,
      2004
      page
      16
     
    
   
   
    
     
      mercially
      available.
      This
      usually
     
     
      only
      increases
      my
      interest
      in
      the
     
     
      bands,
      and
      makes
      me
      more
      inclined
     
     
      to
      dish
      out
      my
      money
      to
      buy
      their
     
     
      albums
      or
      even
      go
      see
      them
      on
      the
     
     
      road,
      an
      experience
      that
      I
      have
      per-
     
     
      sonally
      found
      to
      be
      beyond
      listening
     
     
      toany
      album.
     
    

    
     
      ‘
      Today
      on
      CBCradio,
      a
     
     
      music
      industry
      analyst
      whose
      name
     
     
      I
      cannot
      recall
      pointed
      out
      that
      the
     
     
      vast
      majority
      of
      independent
     
     
      research
      indicates
      that
      downloaders
     
     
      are
      more
      likely
      to
      spend
      money
     
     
      buying
      music.
      another
      on
      the
      news
     
     
      the
      other
      night
      pointed
      out
      that
     
     
      while
      the
      record
      labels
      quote
     
     
      declines
      in
      sales
      of
      umpteen
      mil-
     
     
      lions,
      the
      American
      economy
      hasn’t
     
     
      exactly
      thrived
      as
      of
      late
      and
      a
      large
     
     
      number
      of
      other
      sectors
      have
      expe-
     
     
      rienced
      negative
      growth
      as
      well.
     
    

    
     
      Perhaps
      the
      key
      is
      for
      artists
     
     
      and
      companies
      to
      work
      with
      the
     
     
      technology
      rather
      than
      against
      it,
     
     
      and
      not
      offer
      us
      poor
      excuses
      for
     
     
      efforts
      like
      puretracks.com.
      The
     
     
      times
      are
      obviously
      changing,
      so
     
     
      perhaps
      it’s
      time
      the
      industry
      did
      as
     
     
      well.
     
    

    
     
      So
      go
      and
      download
      that
     
     
      song
      you’ve
      heard
      on
      the
      radio
      bul
     
     
      are
      tired
      of
      waiting
      to
      be
      played
     
     
      again,
      or
      that
      rare
      single
      that
      hasn’t
     
     
      been
      commercially
      available
      for
     
     
      years.
      Distribute
      those
      songs
      by
     
     
      your
      favourite
      band
      in
      an
      attempt
      to
     
     
      convert
      your
      friends
      and
      family.
      If
     
     
      you
      succeed,
      perhaps
      they'll
      go
      out
     
     
      and
      buy
      the
      albums,
      and
      tell
      their
     
     
      friends
      and
      families.
      Don’t
      be
      afraid
     
     
      to
      support
      an
      artist
      whose
      work
      you
     
     
      sincerely
      care
      about
      and
      respect.
     
     
      Perhaps
      by
      only
      buying
      into
      artists
     
     
      who
      make
      it
      worthwhile,
      we
      ca!
     
     
      encourage
      a
      better
      general
      quality
     
     
      of
      music.
      Music
      is
      one
      of
      the
      grand
     
     
      things
      we
      have,
      and
      being
      able
      ‘0
     
     
      experience
      it
      without
      going
      bank
     
     
      rupt
      is
      one
      of
      life’s
      pleasures.