The government is at the losing end in the fight against music piracy. There is an increasing preference towards pirated CDs or free downloads over the net. The failure of the government to legally stop the operations of file-sharing programs, exacerbated by the proliferation of stalls selling illegitimate CDs, have led to the entrenchment of music piracy in Philippine culture, as well as around the world. This losing battle has to be seen in the context of globalization. The free movement of capital and data, and the propensity towards adopting policies of economic liberalization, have contributed to the illicit distribution of goods. When coupled with constantly developing technology, it has become even more possible to illegally pass music from one person to another. With so many factors going against it, it is no wonder that some states have adopted policies of cutting down enforcement and becoming more lenient towards piracy.
In China, the government has taken a more liberal approach and basically allowed for a kind of “legitimate piracy”. Last February 2006, the largest Chinese legitimate music download website, www.top100.cn, was launched.[1] Initially, it sold tracks at cheap prices. In 2009, however, it began to offer Chinese internet users free MP3 music downloads. It manages to continue its operation through advertisements and the help of Google (although its partial withdrawal from China will have eventual ramifications). Record companies have sued in an attempt to preclude their continued operations. So far, however, the Chinese court has ruled in favor of Top100.cn.[2]
The leniency of internet regulation in China has potential effects on our own government’s regulatory trends. Most of us Filipinos can take cognizance of the fact that a number of pirated CDs in the Philippines come from China (I say this with no intent of being discriminatory). It would seem, therefore, that a particular government may choose two routes in regulating IT. It can follow the Philippines and continue to have strong campaigns against music piracy. Or, it can do a China, be more lenient, and join the bandwagon.
I personally do not know which is better. Although I think that government regulation of the internet is becoming more and more necessary, I also think that liberalizing the transfer of data has its positive benefits. After all, the best things in life are free, right? But to what extent? That question I leave to the government.
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