The victory for the entertainment business was Pyrrhic, although this initial success is dampened by a possible mistrial. Nevertheless, four Swedes have been martyred. Yet content creators and consumers are no closer to new business models that solve the problem.
Piracy is not usually honorable. But it is often a symptom of some kind of failure or injustice. The 17th Century pirates of the high seas were rebelling against tyrannical maritime labor practices. The pirates in Somalia are a direct result of government failure, and the pirates put on trial in Sweden were the result of a market failure, which is sadly now a decade old.
That the market has not come up with alternatives to file-sharing good enough to make piracy moot is the real problem, and the companies and individuals that have stood in the way of this are the ones who owe content creators an explanation. Extremists on both sides are hailing this as a win, but it’s the majority of us in the middle who continue to lose out.
This was a show trial about money and politics, but most of all it was a sideshow. This argument is over and the entertainment industries should be focusing on the licensing schemes, royalty agreements and the new business models content creators desperately need. Thankfully many more of them are. But this verdict will encourage the ones who are not to continue pretending there is some other way around this problem that involves suing people.
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