I’m pretty sure I’m not the only one to feel this way, but my overall impression of copyright, intellectual property, and swirling vortex of issues around those two issues can be summed up in one word: unsatisfactory. […]
Professionally, it feels like dancing through a landmine field. I am trying to steer people to the legitimate track of properly authorized and compensated copies of digital media, but society and business seems to conspire against this ideal. The social acceptance of media copying have lead me to the hardly surprising conclusion that people are copying the music and movies that they check out from the library at home. Over the course of my library years, I’ve even had the unfortunate experience of intervening when people were brazenly ripping CDs onto their laptops at the library. Some honestly didn’t know that it was a copyright infraction while others picked up on the fact that they could copy those CDs but in the privacy of their own homes. When it comes to eBooks, it’s tricky to guide people away from the ease of P2P downloading when the so called “friction” of eBook lending turns the question of borrowing into a overly long complex and extremely contextual answer. In trying to respect the owners of copyright, I end up showcasing all the madness that they have brought down on themselves in order to enforce it. It does nothing to encourage compliance nor engender respect for the concept or the laws supporting it.
Great post on his experience with downloading/file-sharing and copyright issues.
Here’s something to add to the ‘ol RSS reader (or twitter @crunchgov if that’s your thang. TechCrunch, one of the better sites for news and information about tech and the tech industry, today launched CrunchGov to track on government and tech policy-making. The site will have 3 three initial CrunchGov products (report card, policy database, and legislation crowdsourcing). Read more about it on their post explaining the CrunchGov roll-out as well as their methodology/FAQ behind the site.
This whole post is definitely worth a read.
…Tim points out that he and a lot of other content creators have been happily coexisting with piracy all this time, and I’m certainly one of them. Make good stuff, then make it easy for people to buy it. There’s your anti-piracy plan. The big content companies are TERRIBLE at doing both of these things, so it’s no wonder they’re not doing so well in the current environment. And right now everyone’s fighting to control distribution channels, which is why I can’t watch Star Wars on Netflix or iTunes. It’s fine if you want to have that fight, but don’t yell and scream about how you’re losing business to piracy when your stuff isn’t even available in the box I have on top of my TV. A lot of us have figured out how to do this.
So if you can stand me sounding a little crazy, listen: where is the proof that piracy causes economic harm to anyone? Looking at the music business, yes profits have gone down ever since Napster, but has anyone effectively demonstrated the causal link between that and piracy? There are many alternate theories (people buying songs and not whole albums, music sucking more, niches and indie acts becoming more viable, etc.). The Swiss government did a study and determined that unauthorized downloading (which 1/3 of their citizens do) does not create any loss in revenue for the entertainment industry. …
The Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA) have to be understood in this light: it’s just another IP land grab. It’s an attempt to frighten those who would compete with the established media companies, an attempt to assert monopolistic control over creativity. The ability to take domains offline without due process, even on the basis of inadvertently linking to copyrighted material, is nothing if not an attempt to legitimize theft on a grand scale. Because there is no due process, a defendant can’t respond until he’s already out of business; and then, it’s a matter of whether the defendant can outlast Hollywood in their ability to pay legal fees. “Justice” is meaningless if you run out of money before you get to the end of your case.
Then as now, borrowing wasn’t limited to theatre. Mashups, which have been repeatedly attacked by the entertainment industry, are by no means a new art form; they’ve been central to creativity for years (related examples are embedded below). Bach’s “Goldberg Variations" incorporate a number of popular songs of the era, including the always popular “Cabbages and Beets drove me away from you,” in its entirety, along with “Get closer to me, baby" (that’s what the German really means, except the "baby" part). So did Beethoven’s sonatas, particularly the second movement of the magnificent Opus 110 piano sonata (“Our cat had kittens" and " I’m a slob, you’re a slob”). I could list examples for pages; musicologists spend entire careers searching for this stuff. The complexity with which these songs are woven into a much greater piece is amazing, but they’re there, they’ve obviously there once you know what to look for, and they go way beyond what would survive “fair use” and the DMCA, let alone SOPA and PIPA.