Sian's been very naughty

The Beatles, Alex Cox and piracy - our blogger's take on the knotty issue of downloading.

Last week I did a very naughty thing. I downloaded from the internet a short film that was packed full of copyrighted material, stolen from Hollywood, American and Swedish TV news programmes, and even the BBC. It was called ‘Steal this Film – part 1’ and it has been made this year by a group of Swedish internet pirates who are intent on spreading lawlessness throughout the globe.

I don’t know how many of you have heard of The Pirate Bay, but it’s probably a lot more now than had a year ago. I confess happily to being a bit of a nerd, but the issue of file sharing at last seems to be breaking out of geekshire and into the world of mainstream politics, so it seems worth discussing at last.

Steal this Film was made by the organisers of The Pirate Bay and gives a short history of the site, how it grew out of Piratbyrån a campaigning organisation dedicated to the overthrow of copyright laws. So far, so extremely dull, you might think, but the film has a gripping plot centred on the extraordinary raid that was carried out by the Swedish police against the site’s internet servers in May this year. This incident is the reason I could be found watching a group of scandinavian tecchies on a Saturday night.

For the uninitiated, here’s a brief history of the issue. The Pirate Bay is now the most widely used and famous site where people go to find ‘bit torrents’ that allow them to download films, music, art, software (in fact anything that can be stored in digital form) from other people. Torrents don’t include these materials, but tell your computer where to find bits of the file you want on other computers that are sharing them. If you set off a torrent file, it will patiently collect thousands of tiny parts of the desired file from hundreds of different locations, and then neatly put them all back together.

Downloading large files via bittorrent is much quicker than trying to get a whole file from a single user because your computer can simultaneously download different parts from different places. And, as most people who use the service also allow uploading of the parts they already have, the more people who are downloading, the quicker the whole file comes to you.

File sharing in this way became popular after one-to-one sites like Napster were outlawed in the US a few years ago and, initially, many sites offered a bittorrent service - the most popular based in places like Slovenia and Finland. However, after putting all that effort into stopping Napster, music companies and film studios in the USA weren’t going to put up with this new challenge for long. One by one they persuaded governments to outlaw them and the sites closed.

As the alternatives were whittled away, one main site – The Pirate Bay, based in Sweden – carried on. This was allowed to continue only because of the organisers’ determined resistance to legal threats and the protection they had in Swedish law, which still recognises that torrents don’t actually contain any copyrighted material.

Admitting to file-sharing can feel like a bit of a crime to someone in the UK, akin to committing benefit fraud, but in Sweden things are completely different. People there think of it as a human right and the vast majority of young people do it regularly. Steal this Film is full of anxious vox pops with Swedish youth talking about their devotion to file sharing, and one elderly Swede even likens it to ‘the way older people look at lingonberry picking on other people’s land’ (I have no idea what this is, but it sounds lovely).

Not surprising then, that the raid on TPB sparked resentment towards the Swedish government. Protests started spontaneously in Stockholm and attracted thousands of people and the support of the Swedish Young Greens. Rumours circulated that the raid was demanded by US diplomats threatening sanctions against Sweden, and a minister seemed to confirm this on Swedish TV news.

Of course the clampdown backfired. The site was back up within days, and attracted such support and offers of back-up space that another raid would see almost no downtime at all. Personally, I would never have thought about this beyond occasionally using torrents to get hold of impossible-to-find gems, such as the nuclear war films ‘Threads’ and ‘The War Game’, had it not been for the police raid. And there is now even a ‘Pirate Party’ in Sweden, campaigning in elections on an anti-copyright ticket (I’m not sure what the Swedish Greens think about this!).

Hollywood had of course been pressing for something to be done about the Swedish law for ages. With just one country holding out, the nature of the internet means it provides a loop-hole for the entire world. The Motion Picture Association of America claims that internet piracy cost it $7.1 billion in 2005 and produces flashy adverts where James Cameron and Ben Affleck plead with you not to risk the jobs of movie makers by downloading.

But can those claims be true? Would all those people have spent more than $10 on a DVD instead if they couldn’t download a particular film? And where did the lost money go? Unlike when you buy a dodgy DVD off a man in the pub, no one is making a profit out of this. Not sitting in a jacuzzi quaffing champagne in their filmed interviews - instead hanging out in a scruffy bar - none of the organisers of TPB are getting rich off file sharing. So if money can just evaporate into thin air, can it really be described as ‘lost’?

Films are still making plenty of cash for the studios, despite the growth of file sharing, and the music industry’s profits grew healthily in 2005 as the labels took advantage of cash-for-download sites to sell more music than ever.

Historically, similar threats to creative profit have occurred regularly. With the advent of recorded music in the early 20th century, performance musicians staged protests and petitioned governments to stop it. In 1982, Jack Valenti, President of the MPAA told the US House of Representatives, “The VCR is to the American film producer and the American public as the Boston Strangler is to the woman home alone.” Yet somehow the industry struggled on as every home gained a video recorder, and even made extra cash selling us copies of ‘classic’ films that had stopped making money in theatres years before.

At around this point in ‘Steal this Film’, I’m starting to doubt that copyright should exist at all, clearly influenced by the propaganda effect of the many short clips from epic movies (overlaid with slogans like ‘You can’t outlaw social change’) which the directors have inserted into the film.

Luckily, also at this point, film director Alex Cox appears on the screen, commenting on the industry killer/massive profit opportunity incident with VCRs in the 80s. Alex is a Green Party member and has directed our recent party political broadcasts, so I decided to ask him what he thought.

It turned out he hadn’t known he was in the film at all, the pirate film-makers having stolen the footage from an old episode of The Money Programme - “Good for them,” he said. I asked whether, as a producer of content himself, he wouldn’t object to the abolition of copyright. “It is reasonable to get some exclusivity,” he said, “But the period of copyright is far too long.”

Suggesting that ten years might be a sensible time limit, he told me that the original copyright law of the USA gave artists 14 years, but this has been gradually extended under big business pressure so that now US law protects copyright for longer than anyone who created the work could feasibly stay alive. The so-called ‘Mickey Mouse Protection Act’ of 1998 now allows exclusive rights for a staggering 95 years. We’re not quite there in Europe, with a standard period for most things sticking at 50 years for now (hence Sir Cliff Richard is about to lose the rights to his early hits).

There’s a lot more to this issue, which I’ll try to cover another time but, on balance, I don’t think I want to see copyright abolished altogether. The ten-year term suggested by Alex seems like a sensible compromise. I love seeing films on a massive screen with mad, seat-shaking sound, and I also like watching things with others in a theatre so I don’t really want to see cinemas driven out of business.

But I also don’t see how downloading is harming these businesses at all. Cinemas do of course offer a lot more in their ‘package’ than simply the copyrighted works on show, including a comfy seat, a social venue and (perhaps this is unique to me) the chance to boo at 4x4 adverts in a place where other people might actually hear me.

However, especially with music, I’m inclined to agree that copyright terms should be as short as possible. Doesn’t leaving the control of recorded music in the hands of a few big companies actually restrict choice, variety and innovation in our music? And if established songwriters can now sit back and live off past royalties for decades, wouldn’t they work a bit harder to produce decent new material if they lost that income after a few years?

When we talked about music rights, Alex Cox gave the example of Sir George Martin, who has spent most of his career since the Beatles simply remixing and re-releasing their works, which are some of the most tightly controlled in the world. Wouldn’t the arts world be richer if Sir George had more incentive to discover and work with new bands too?

What is clear is that selling a plastic disc with data on it purely for the value of the data, is not going to last. The creative industries are sooner or later going to have to find new ways to profit from their art, or even (shock!) just profit less and create their works for art’s sake instead.

Sian Berry lives in Kentish Town and was previously a principal speaker and campaigns co-ordinator for the Green Party. She was also their London mayoral candidate in 2008. She works as a writer and is a founder of the Alliance Against Urban 4x4s
Cameron in Nuneaton. Photo: Getty
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Why fewer of us want a long-term relationship ... with a political party

In 2015, 38 per cent of voters backed a different party to the one they supported in 2010. So what does the rise of swing voters mean for British politics?

For decades political parties have competed furiously for one of the great prizes of British politics: the affections of the swing voter. It wasn’t that long ago that there were relatively few political swingers: until the 1990s, fewer than a quarter of voters would switch parties from one election to the next.

Yet that once relatively rare breed is becoming increasingly common, which means party campaigners are going to have to come up with new tactical thinking. The British Election Study survey panels, conducted episodically over the last fifty years, are unique in that they are able to track the same voters from one election to the next, unlike more conventional opinion polls that only look at a snapshot of voters at a given time. Using these studies, you can identify the percentage of voters who switch their vote from one party to another between each pair of elections since 1966 when such data was first collected.

In 1966 only around 13 per cent of voters had changed their minds since the previous election in 1964. Since then, the proportion of swingers has been steadily increasing, and by 2015, 38 per cent of voters backed a different party to the one they supported in 2010.

The increase in swing voters is pretty consistent. The only exceptions are between February and October 1974, when (understandably) fewer voters changed their minds in eight months than switched in the preceding four years, and between 1997 and 2001, when the electoral dominance of New Labour under Tony Blair held back the tide for a time. These two exceptions aside, the increase has been constant election-on-election.

A lot of vote shifting can go on even between elections where the overall result remains stable. In 2001, for example, more people switched votes than in any election before 1997, with a surprising level of turmoil beneath the surface stability. While these largely cancelled out on that occasion, it set the stage for more dramatic changes in the parties’ votes later on.

So British voters now seem more likely than ever to jump from party to party. But who exactly are these swingers? Are they disillusioned former party loyalists? Or have British voters simply stopped getting into a serious relationship with the parties in the first place? We can get some insight into this using data from the yearly British Social Attitudes Survey, looking at the number of respondents who say that they do not identify with any of the political parties (party identifiers tend to switch much less often) when they are asked ‘Generally speaking, do you think of yourself as a supporter of any one political party?’ and then ‘Do you think of yourself as a little closer to one political party than to the others?’ if they say no to the first question. The graph below combines data from 1984 to 2013. Each line represents people who were born in a different year. Higher lines mean that there are more people who do not identify with a political party. So, for instance, voters born in 1955 started with very low levels of non-identification (22 per cent), which have gradually risen to 44 per cent in the latest survey. Most of the lines on the graph go up over time, which shows that almost all generations are falling out of love with the parties.

However, an acquired taste in swinging among the older generations is dwarfed by the promiscuous younger generations – shown by the dashed lines – most of whom never form an attachment to a party at all. Each generation in the data has been less committed to the parties than the previous generation was at the same age, with around 60 per cent of the youngest generation – those born since 1985 – expressing no attachment to any political party.

Since most of this change has been a generational shift, it may be a long road back for the parties. Loyalty to parties is often handed down in families, with children inheriting their parents’ commitment to a party. Now that this process has broken down, and younger generations have lost their attachment to parties, they may in turn pass on this political detachment to their children.

The majority of younger voters have simply never grown up with the idea of getting into a long-term relationship with a political party, so they may never settle down. Many Labour MPs were outraged when it turned out that lots of the new members who joined up to vote for Jeremy Corbyn had voted for the Green Party just a few months before, but this may simply reflect the political approach of a generation who see parties as needing to earn their vote each time rather than commanding lasting, even unconditional loyalty.

If Britain’s newfound taste for swinging isn’t going to disappear any time soon, what does it mean for party competition? In the past most people had settled partisan views, which seldom changed. General elections could be won by attracting the relatively small group of voters who hadn’t made up their minds and could very easily vote for either of the two main parties, so political parties based their strategies around mobilising their core voters and targeting the few waverers. While they worried about traditional loyalists not turning up to the polls, the parties could be assured of their supporters’ votes as long as they got them to the voting booth.

Nowadays, swing voters are no longer a small section of the electorate who are being pulled back and forth by the parties, but a substantial chunk of all voters. This helps to explain why politicians have been so surprised by the sudden rise of new parties competing for groups previously thought to be reliable supporters. The new parties that have entered British politics have also allowed voters to express their views on issues that don’t fall neatly into traditional left– right politics such as immigration (UKIP) or Scottish independence (the SNP). This in turn has posed a dilemma for the traditional parties, who are pulled in multiple directions trying to stop their voters being tempted away.

This may just be the start. If the number of swing voters stays this high, the parties will have to get used to defending themselves on multiple fronts.

This is an extract from More Sex, Lies and the Ballot Box, edited by Philip Cowley and Robert Ford.