This Is How Phil Hendrie Puts An End to the Piracy Issue (Quickly & Free)

As most fans already know, Phil Hendrie is concerned about piracy and has launched a campaign to stop it. Phil is absolutely justified and right to be concerned about it. He has created an incredible comedy “universe” and deserves to be recognized and paid for it. The problem is, Phil doesn’t know his enemy or how to stop them. He has targeted the wrong source, and in doing so has turned his most loyal and passionate fans against him. Goodwill is a weapon against piracy (more on that later).

Bootlegging Vs. Piracy

In the music world, “bootlegging” and piracy mean two very different things, and I think it also applies to radio. Bootlegging is when fans record and share live concerts; piracy is when people share or sell the “official” releases (albums, singles, videos, concert films, etc). Piracy can hurt the artists ability to be paid for their work, bootlegging has been proven over and over again to help the artist promote their work. That is why many artists actively promote bootlegging, and the vast majority support it. Bootlegs are good for artists, because it’s a great way for their most loyal fans to share and promote them for free without cannibalizing their “commercial” products. It also makes it very clear what is permitted and not permitted.

U2 is the biggest and most commercially successful band on the planet, and they allow fans to tape and share shows everywhere ( including YouTube), but they go after people who share their “commercial” product. This distinction earns U2 ( and other artists with the same policy) tremendous goodwill, because fans see it as “fair”. Visit any U2 forum, and it isn’t the bands management shouting down pirates, it is the fans. For many fans, buying the album is a way of thanking the artist for their work (goodwill). I hear from people all the time, you tell me, they have Phil Hendrie Show audio collections that dwarf the backstage pass, but they subscribe to “support” Phil.

The “Phil Hendrie Show Flashback” podcast is not piracy. It is a small sample of the “bootleg” or fan recorded material that is out there. The podcast always avoided material that was available commercially on the site, and none of the the audio was taken from Phil’s site. It also gave Phil full credit for the work, and promoted where people could find the official product. Fan created YouTube videos are also not piracy. Almost everyone I’ve seen, was short, and contained a link to Phil’s site.

There are sites out there, that have every Phil Hendrie Show available (including last nights) and they don’t credit or link back to Phil, that is piracy.

Learn From Past Mistakes

The music and TV industry fought piracy for years by calling their customers “thieves” and suing them. They also made the “official” content hard to get and use. This didn’t work, piracy only got bigger. If you think about it for a minute, its pretty obvious why: Running commercials about stealing and filing high profile lawsuits, draws attention to all the free content out there. (Many people discovered “file sharing” sites because of this tactic.) You also lose the battle for “hearts and minds” when you call fans thieves, and sue single mothers who download a few songs. And you encourage people to get pirated material, when it’s better quality and easier to use then the commercial product. When I got my first iPod, I had to illegally download mp3s of albums I already owned, because of the copy protection. Copy protection doesn’t stop the pirates, it just makes the product harder for your customer to use.

The other issue with piracy is that there are no borders on the internet. There are many countries in the world with no copyright laws or no enforcement. The lawsuits almost always fail to shut down pirate sites, and when they are successful, ten more spring up. Technology is also making it easier and easier to share stuff anonymously with large numbers of people you don’t know. The reality is, you can’t stop piracy. Phil Hendrie is one of the few who still believes he can. He will eventually reach this conclusion on his own, but it will cost him a lot of money and fans in the process.

So what does this mean? Is intellectual property dead? Will artists lose all ability to profit from their work? Luckily, the answer is no. There is a really simple solution, make piracy irrelevant. TV piracy is way down, because the TV industry is starting to make it irrelevant. They did this by simply making the content available. They still have a long way to go, but you can now watch a lot of TV on sites like Hulu for free. Customers are happy, because it’s easy and free. The networks are happy, because they control it, and they selling very lucrative ad deals.

Here’s how Phil makes piracy a non-issue quickly and for free.

Make the distinction between “bootleg” and piracy. All Phil has to say is “all audio from this website is my “commercial” product and is off limits for sharing online. He could also add that “bootlegs” or fan recordings from October 1999 to the present are also off limits.

He then sets an official “bootlegging” policy. For example, people can use “fan recorded” audio that is not available on the site for non-commercial purposes. He could add as many rules he deems necessary. For example, must have a disclaimer that this is “fan recorded, edited, material”, must give him credit for the material, must link back to his site, etc, etc.

He makes all the audio on his site downloadable, and makes sure its unedited and fully tagged. All of the audio should also be made available as an actual podcast.

These three simple things completely eliminate the issue. The fans would instantly be back on his side. All the recent negativity towards Phil is about the history of broken promises, and his attack on a community of fans.

It would also make the piracy of his show irrelevant, because his material would be better quality and easier to access.

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  • http://twitter.com/PageDNA PageDNA Inc

    Amen.

  • Brigadier Gen. Johnson Jamison

    WTF Phil, I just want to enjoy your show at my convenience…and you're pre 2006, not what you churn out these days

  • Jasin M

    Agree. He will lose fans.. And lots of money. This blog makes great points when it comes to learning from past mistakes.. I also strongly fell that the flashbacks should be allowed and welcomed.. Phil could learn something from those…

  • Sundowning oldlady

    If you can't beat 'em, join 'em. Seriously, try to get on board with him as an actual worker bee under him and under his website. Maybe you could have a whole section of his website dedicated to the podcast and forums, instead of being carried on the website you already own. A “Phil Hendrie show Flashback” part of his website and his program would be an amazing addition to what he has already built. It would offer complete continuity from pre-1999 era to present, but also offer a tertiary avenue for us people with an iPod and earbuds to enjoy his material easily. Most of your guys' problems all manifest from working against eachother. He want's his fans to come back to him in whole and not in part. You want freedom to generate a podcast that preserves his fan's ability to enjoy his past antics. Joining together brings all the fans together at the same place and would actually let the past material accentuate the present.

  • http://profiles.yahoo.com/u/ZCUGTVZRIUKM6YOJQGSHDCWIGY BeastMode

    Sorry Justin, your solution is simply too sophisticated and forward-thinking for most old-fashioned people (eg Mr. Hendrie) who simply haven't caught on with the ways of today and being able to take advantage of new mediums. For many of them, it's still an all-or-nothing approach and they still go about licensing and rights from a 1980s perspective.

    • http://www.justinluey.com Justin Luey

      Sadly, you may be right.

  • Inoverthe

    He should honestly just scrap phs.com and set up shop on your site. I was once a paying member but ultimately canceled my subscription because they NEVER updated the site and it was impossible to navigate. I would pay for what you do at this site. Have you ever tried getting phil to hire you??? In either case, I love Phil with all my heart but he's still not big enough to change the way fans use media in today's world. Learn from the public's response the RIAA. Don't be on the wrong side of history, Phil.

    • Adam

      I was once a paying member, too. I think the reason I left was that he was not prepared to keep technology current. Instead of making downloads automatically available, I had to go to the site every day and manually download the show. A new business model was badly needed..

      • Rebecca

        I was also a paying member and when he cut bait, I was still being charged on my card with no new shows. I actually had to cancel my card to make the charges stop as the Hendrie team did not aknowledge the error! I was so glad to find Justin! Then Phil came back, high as a kite, talking about his divorce and his new girlfriend and it was agonizing. I’m now just recycling all my old stuff on my ipod.

  • Strmman2003

    phil is quite a temperamental guy as u can tell when callers dont say the things he wants, as u can tell when his bit goes bad, as u can tell when he blows up, as u can tell when he cowtows to celebrity callers, e.g. gary shandling. Let him go justin, thanks for the good times. Phil is in a serious midlife crisis, he wanted to be a start but he looks like something from middle earth. He cannot do tv. he cannot do political commentary, as he sucks at it. He can only do the voices and at that he is the best. Phil i think is a lost soul since maria threw him out.

  • Brian

    Phil Hendrie is a churlish bootlicking greedtard.He sold out before we were even born.How anyone can continue to support this toilet bowel character is ignorant and blind brand loyalty at it's best!Bless you Justin for all your work, what a crying shame he you get treated like this after all you've done to promote the show. Everyone should cancel their back stage passes for good.Screw this shit, plenty of better schtick out there.

  • Igor

    “He wants the entire site shut down” I strongly suggest someone anonymously uploads all the podcasts to torrent/p2p and post a link to them on here. Will make for a couple GigaByte file but we'll seed it well and have no other better satisfaction of closing up house. Hendrie was always a one trick pony in my eyes. His avarice got out of hand, if it meant getting a couple sheckles over loosing a couple thousand fans, he takes the sheckles. I'll find funnier comedy elsewhere, it's out there somewhere. Thanks Justin again. I'll remember your voice and introductions far far longer than I will anything Hnedrie's ever produced. ALL THE BEST BROTHER.

  • Thompson

    I SAY SOMEONE POST LINKS TO THE SITES THAT STILL HOST ALL THE FREE PHIL HENDRIE SHOWS. THAT GUY WANT'S TO PLAY DIRTY? LET'S PLAY.

  • Jessica

    Here are some old shows you can download for freehttp://www.archive.org/search.php?query=Phil%20…I say this website uploads as many of the shows it used to host to an independent free hosting site for as long as they will stay for, many people will be able to complete their archive of what this wonderful site used to offer. What's in it for any of us to keep the relationship with Hendrie?Phil had a really funny show, something I used to look forward to EVERY night, then he lost his mind with the right wing shill talk, and I just totally ditched him. One night he raved about how we shouldnt show soldiers coffins and that was it for me. He is getting exactly what he deserves. He is nothing but a whore. Phil if you read this, know I am to the point of writing any station that airs you and telling them they will lose me as a listener unless they dump your lacky pathetic ass.

  • Frank

    Have you heard what Phil Hendrie said in his last show? It’s ridiculous! See this link http://www.torrentoff.com

  • Guest

    Much of what Phil puts out as BSP material was taken from another older bootleg source years ago – mycrappsite.com – which he shut down with threats of litigation.  alot of that stuff was chopped up into smaller bits for BSP.