The difference, i guess, is one of tone.
I don’t disagree that the current situation is one that the recording industry needs to respond to in particular ways. As you correctly observe, people ARE downloading stuff for free, and that’s not likely to change in the near future.
But some people seem to be arguing that not only is this how things are, but that people who don’t like the recording industry’s current model somehow have a right to download shit for free, and that the recording industry doesn’t have a right to profit from its investment. They are also using spurious logic like the ridiculous horse-drawn carriage comparison, failing to appreciate that not wanting and therefore not buying something, on the one hand, is quite different from wanting something but refusing to pay its creator and taking it instead, on the other.
I also completely agree with you about format shifting, portability, etc., etc. Even in my post-downloading days, i have never purchased a piece of DRM-equipped music, because i think it’s bullshit and refuse to support the model.
But this leads to another issue: the question of what models are currently available, and the changing nature of the business model. It is, in fact, now possible to buy hundreds of thousands of different songs without the sorts of restrictions that you and i dislike. Amazon sells songs as MP3s, completely portable and DRM-free. Since 2009, the iTunes store has removed DRM and increased the bitrates for its AAC files to 256kbps. Just those two stores between them offer huge amounts of music.
Personally, i’ve never used iTunes, in part because i don’t like their business model. I should be able to purchase a song online and download it straight through my browser without downloading and installing a new piece of software. I know that some people love iTunes software, but i find it a bloated pice of crap on Windows machines, and don’t want to use it. I have purchased music from Amazon, and been happy with it.
I know some audiophiles don’t like what they consider to be the inferior quality of MP3 files, but as i said, much of my own listening is done in the car, where wind and road and traffic noise, as well as the quality of my stereo system, as much greater barriers to a perfect listening experience than the minimal reduction in quality found in a 256k MP3. If i need my compressed music to be better quality, the fact that hard drive space is so cheap allows me to encode using a lossless codec like FLAC, which doesn’t compress file size as much as MP3 does.
More importantly, there’s the question of who gets downloaded. Some people argue that P2P enables people to get music that falls outside the “mainstream” represented by the recording industry, a point i don’t dispute. What i would dispute, though, is whether such artists constitute anything more than a small minority of downloaded material.
I just went to a couple of well-known bit-torrent sites and looked at the music offerings on the front couple of pages. I recognized almost every artist available as well-known, mainstream artists. Not only that, but a quick search suggests that just about every one of the albums i saw offered on the torrent sites is also available on Amazon and/or iTunes. So it’s not like most people are downloading music in order to move outside the mainstream represented by the RIAA. If my (admittedly small and anecdotal) experience is any indication, they are downloading from P2P services the same sort of music they could get through authorized channels; the main difference is that they’re not paying for it.
Similarly, back when i downloaded music through the Soulseek client, some of the most commonly-available artists were groups like U2, Radiohead, Smashing Pumpkins, Madonna, Coldplay, etc., etc. The prevalence of this stuff doesn’t really provide much support for the argument that the recording industry is stifling people’s choices. It may be doing that, but the fact is that what the recording industry produces is also, in many cases, incredibly popular. As evidenced not only by its presence on the charts, but by its ubiquity on P2P networks.
As i said earlier, learning that someone downloads stuff doesn’t worry me a great deal, both because i think the harm isn’t especially great, and because i’ve done it myself. But, if someone is going to do it, they could at least have the decency not to try and pretend that they’re generously helping the recording industry to shed an outdated business model.