Illegal music downloads - the necessary evil...

I type this in blazing, white-hot fury, after once again spending several fruitless hours trawling the 'Net trying to purchase music for use in my radio programs, and once again failing dismally.

Illegal music downloads, so the record companies tell us, are evil. They're destroying the industry, and fiendishly ripping off struggling artists. Websites such as RapidShare and the recently-departed MegaUpload are the devil's tools, the music pirate's equivalent of WMD's, enabling mass circumvention of the natural order (which, of course, consists of record companies raking in a fortune, some of which may occasionally find its way back to the artist who created the work in the first place. Often not).

Well, I illegally download music. And on a regular basis, as it happens. Why? Because I have to. Because the record companies won't make tracks readily available for legal purchase. If they did, I'd purchase them - as I do with a half-a dozen or so tracks each week, from iTunes and other websites. But they don't, so other means are brought into play.

I present programs on two community radio stations. Unlike the commercial stations and "community" stations like 3RRR and PBS, we don't get tracks supplied by the major record companies. All our tracks come from either the artists themselves, or are purchased by the presenters, out of our own pockets. We source our own material, and in my case, that means occasionally downloading a track via less-than-legal means.

(And, let's be clear here - the tracks I download are for on-air use. Free promotion for the artists. In the case of new releases, it's done so we can play the track at the same time as the commercial stations, which wouldn't be an issue if the companies would supply us with the tracks themselves).

Now, there'll already be howls from those vitally interested in such things - "thief", "terrorist", "you're taking money from the artist's pocket", "depriving him of a living", "throwing his children out onto the street", and so on....

Ummm, no. It's not done through malice. Not through deceit. Not through choice. Not through a desire to "stick it to the man".

Wanna know why people illegally download music? 

Because the record companies won't make it legally available.

Seriously. And here's a few of the ways in which they don't make the music available...

#1: "It's not available to the public yet, only radio stations"

Ever heard a great new song on radio? After hearing it a few times, a DJ will eventually condescend to back-announce it (I mean, why back-announce "Khe Sanh" or "Stairway To Heaven"? Everyone knows those; how about giving us the name of the song you've never played before, instead of the one you run four times a week?), and you toddle off to your local record store to buy a copy.

And are told that it's only been released to radio - copies aren't available for purchase for another three weeks.

Think about that for a second - you've walked in, holding money, and asked to buy a copy of a song. And been refused.

The record companies will claim that they release songs to radio early in order to generate interest in the songs, and therefore reap mucho sales when the tracks are finally made available to the public. Except...

Ever heard a new song, liked it - and then been heartily sick of it after a week or two of saturation airplay? Hands up if you have. Mmmmm...

Basically, they lose sales that way - those who'd have purchased the song the first time they heard it (they're called "impulse purchases"), now never want to hear it again.

#2: It's YOUR fault for living in the wrong fucking country

In which you hear a great song, hie thee off to iTunes, Amazon, or some similar site, and try to purchase the track in question - to be told that it isn't available to your country yet. Once again, you're rolling up with money, asking for a copy of a song, and being refused.

This is another idiotic record comapny practice designed to stimulate anticipation in foreign markets. But, in an age of instant global communication, it's just plain stupid - potential buyers can see the clip on YouTube, and hear the track on any number of websites. It's not unreasonable that they'll want it now. It is unreasonable to refuse to sell it to them. And as with #1, by the time the record company condescends to make the track available, the potential buyer may no longer want the track in question...

3#: What do you want that old crap for?

Now, not all songs are available on-line. Not all ever will be. And, let's face it - some just plain shouldn't be. However, there are a lot of songs that should be. A lot. In fact, pretty much any song that's charted should be a walk-up start. But, nooooo...

Basically, I / you / the average punter should be able to log onto a website and purchase any song that's ever charted. The record companies, however, have a different musical vision in mind - if they don't think you need it, or can't be arsed digitizing it, you can't have it. As with #1 and #2, there you are, money in hand - and a record company exec giving you the finger, and a "no".

And this is where they're at their most two-faced. So, you can't buy the track on CD, or online. You've tried. You've also tried the artist's website, and been told that they'd love to sell you a copy, but the record company won't allow them to sell their own tracks on the site (in fact, 80's Melbourne band Serious Young Insects were refused permission by their former record company to feature their own fucking tracks on their MySpace page!)...

You do a Google search, and find some blogger somewhere has uploaded a vinyl rip of the track, which you duly download. And naturally, the record company freak. "You're stealing from the artist!!", they scream. "You're depriving them of royalties", they howl. "Pirates like you are killing struggling musicians", they whine.

To which I inscrutably reply - "Frog-shit".

So, to any record company exec / apologist reading this, I pose the following question: how exactly am I depriving the artist of income by downloading a copy of a track which isn't commercially available? Huh? If anything, it's the record company who's depriving the artist of income by stubbornly refusing to make the track available to those who wish to purchase it - just as in #1 & #2. Here I am, waving a handful of money. There you are, telling me to bugger off and stop bothering you.

Wanna take a guess as to who's at fault here? Yep - the record company which won't make the track available. 

Now, before you scoff and come the "Serves you right for wanting tracks that are so obscure" lark, I should point out that, for the most part, the tracks I seek are past Top 40 tracks. And from well-known artists. They're just not available online.

Give it a try yourself - do a quick search on Goanna, Sharon O'Neill, Margaret Urlich, and see what you come up with. Sod all. And those were Top 40 charting artists, for pity's sake!

Again, I want these tracks for on-air use - so I'd much rather a nice crystal-clear digital copy of the song straight off the master than a dodgy vinyl rip which still has a few crackles and pops in it. And I'll happily, eagerly purchase one - if the record companies will let me...

And that, gentle reader, is the bottom line: as with the Costnerism "If you build it, he will come", so "If you make tracks available, people will buy them".

If not, they'll get them any way they can.

Sure, there'll always be those who illegally download in order to avoid paying - just the same as there'll always be those who shop-lift for the same reason. The majority will pay - if the record companies let 'em.

So, next time you hear an industry type bemoaning the fact that illegal downloads are killing the industry off, feel free to hit 'em with the above, and watch their reaction...