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                      1. The Real "Killer" Apps

                        21.Feb.08, 19:06 EST
                        What if I told you that there was an easy way to let consumers enjoy
                        more access to music, for less money than most of them pay now? And
                        what if I told you that this solution would also help Internet access
                        providers and technology companies, plus produce economic growth? Would
                        that interest you?

                        Sorry to sound like the old guy from Entourage, but it's true. And a few radicals who believe information should be free are already against it.

                        Over
                        the course of the last year, the music industry has started to take a
                        more analytical look at the file-sharing that has led to so many of its
                        problems. The most eloquent, best publicized expression of this view —
                        but by no means the first — was a speech that U2 manager Paul McGuinness made at MIDEM,
                        the annual music industry convention, about how Internet access
                        providers need to take responsibility and prevent their services from
                        being used to steal millions of dollars of music. It's not an
                        unreasonable request. As McGuinness pointed out, "The real 'killer app'
                        that many of their businesses are founded on is our clients' recorded
                        music."

                        McGuinness shook an iron fist in a velvet glove — he
                        called for ISPs to use the technology at their disposal to prevent
                        illegal downloads, then pointed out that the law might soon force them
                        to do so. A plan presented by the new French president calls for ISPs
                        there to deny access to repeat offenders, and other European
                        governments are in various stages of discussing similar plans. Before
                        long, the European Union will have to take up the matter.

                        As it
                        happens, limiting file-sharing would also help ISPs. Illegal
                        file-sharing almost certainly accounts for more than half of all ISP
                        traffic — exact figures vary — even though it's used by a relatively
                        small number of customers. Since almost all ISPs offer all-you-can-eat
                        service, they may well be losing money on the customers who aren't
                        playing by the rules. On the other hand, McGuinness suggested, if ISPs
                        charged consumers $5 or $10 more a month for unlimited access to music,
                        everyone would win. Labels would get paid for their music, access
                        providers would get paid for their bandwidth, and consumers would have
                        an easy way to enjoy all the music they want at a fraction of the cost.
                        Instead of hiring lawyers to sue teenagers, the music business would
                        pay them to create a new business.

                        Of course, some people in the technology industry have already come out against this. A study by the Electronic Frontier Foundation revealed that Comcast was blocking BitTorrent
                        traffic, which has already led to a lawsuit. Basically, Comcast
                        customers are claiming that their ISP is infringing their right to
                        steal. Other "digital liberty advocates" have said that it would be
                        unfair for ISPs to charge everyone for music when only a small number
                        of people use it. Which, I suppose, is true. But it's also unfair that
                        I pay for ESPN as part of my basic cable package, even though I don't
                        watch sports. Some people never even use the lighters in their cars!

                        An
                        additional music charge from ISPs — whether created by them or imposed
                        by the government — is almost certainly the best solution to balance
                        the rights of content creators with those of technology companies. And
                        most of the people who object to it simply can't abide the idea of
                        protecting any intellectual property at all — unless it's their own
                        software patents. We all have to grow up sometime.
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