The victory in the trial is nothing but an illusive extension of the nearly dead business model the companies are following.

Matt Mason, author of the book The Pirate’s Dilemma, writes in a blogpost at Torrentfreak of how everyone is a loser in the Pirate Bay Trial, the biggest of course being the common man in the middle. The real pirates will continue pirating regardless of this decision, the entertainment industry taking this as a win will continue with their out of date practises and ideas; the average user in the middle loses out on the innovation the entertainment industry should be (forced to) offer in all elements of the product, price, promotion and its distribution.

It isn’t as if any of the downloaders will, after the verdict, start purchasing music instantly; in fact piracy and file sharing will continue regardless, albeit in a less flamboyant manner. Instead of wasting their time and effort taking down websites like these the industry needs to address the question of why is music / movie piracy so widespread and what can be done to tackle it ? Even though it isn’t let’s assume the answer is Piracy is widespread because it’s become that easy and accessible that people will not pay for music. If that is the case the entertainment industry should look at ways to build a business model around it. Matt has explained in his books how pirates over the years have changed the world and fuelled innovation; after all it was Napster who got the digital music distribution ball rolling and now iTunes is the biggest music retailer.

Once again the point isn’t that the content creators shouldn’t be paid, in fact they fully deserve to be fairly compensated for their work. But these content creators and the companies need to understand, what Matt puts as, new market realities, where consumer preferences are different from what they were less than a decade ago. The business model hasn’t changed nearly as quickly as consumer preference, which still continues to evolve.  In that light, the victory in the trial is nothing but an illusive extension of the nearly dead business model the companies are following.

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