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The Controversy Over Content: Piracy 101 PDF Print E-mail
Article Index
The Controversy Over Content: Piracy 101
Background
Changing Business Models
Perspective And Alternatives
The Inevitable Future

piracy_5

Today, the media giants exhaustively wage media campaigns, push for increased use of Digital Rights Management, and are continually pushing the boundaries of privacy, by actively monitoring the internet, having courts subpoena information from Internet Service Providers, and suing "grandmothers and children" along with hardcore file sharers. Why do I think they're engaging in this rather unfriendly seeming behavior?

My view is this: media companies are not ran by idiots, and though most people have a somewhat low opinion of lawyers and lobbyists, you can’t be a moron and pass a Bar exam. Anyone with a clear sense of all the issues involved would have to realize that eventually, technology always wins. People adapt to technology, and embrace the aspects of it that give them the experiences they want. Society, government, industry, all must adapt to the consequences of this, or different models of behavior will become the norm. Flip open a history book, if you honestly think that's a crazy assumption. What we're seeing today in the news and media, as well as in courtrooms, is little more than a holding action, the intention being to give industry much needed time to put their own strategies to the fore. It's quite obvious within the media giants and lobbying groups that the intent is to slow the rate of change to foster adaptation, and quite naturally continue to rake in the same massive profits they always have. It's not a crime to look out for the interests of your share holders. It is disturbing; however, how the current legal landscape seems to overwhelmingly favor big business. Even worse, industries are choosing methods of Digital Rights Management that do little but punish the very customer they're supposed to cater to.

Technology coupled with desire is a hard nut to crack though, and most all of the industries strategies to protect it's content, crumble within days or weeks of their introduction. Being a realist it would seem to me the easiest solution would be to reduce the focus and R&D expenditures on DRM (since it's so far been a huge waste of effort), and simply offer more content, more easily, at much lower prices. There are some, a vociferous minority perhaps, who wouldn’t ever pay for content again, simply because they've gotten used to not having to pay for it. Others view the actions of such groups as the MPAA and the RIAA with disgust, and choose not to purchase content legitimately for reasons of protest. And let's be frank, nothing can be done about those two groups, as it's basically too late to win them back as customers short of changes in law and enforcement of law. The devil is always in the details, and at this point it still remains to be seen just how law, and its interpretation and enforcement will play out against issues such as privacy and “Fair Use.” It's already becoming quite Orwellian in nature if you ask me.

What is clear to me? Piracy of content has gone on as long as humans have organized into societies and created content. My favorite historical example was the widespread use of counterfeit "indulgences", shortly after the invention of the Gutenberg Printing Press in 1450. Think of "indulgences" as sort of "Get Out of Hell Free Cards" (apologies to any Catholics or Christians for comparing the consequences of sin to a board game) the Catholic Church made and sold during that time period. Not only were these a significant revenue stream for the Catholic Church, they were also barterable items, often sold or traded among those who could afford them. Last time I checked Catholicism was still the #1 Christian religion (though the printing press did play a fundamental role in Protestant Reform).

No amount of law or enforcement of law will eliminate the appeal of new technologies. The trick is determining where to draw the line between law and individual freedoms, so that the adaptations of new technology become accepted and normalized. Right now the line is not only blurry, but jumping dangerously close to having negative consequences for individual freedom and expression.

Piracy has always existed in human society in one form or another, and to an even greater degree, individuals have always been willing to do what it takes to get the things they want. It's clear that piracy for profit is on the rise worldwide, and unfortunately that activity is also driven by consumers. Some content providers, such as Warner Communications, have attacked this problem in unique ways, by offering very cheap content in countries that have poor legal structure for dealing with copyright, such as China. Nevertheless whether you're talking history or just yesterday, companies are still managing to make a lot of money, and no societies or economies have collapsed as a result. Businesses adapt, and time marches on. Let's hope sanity marches alongside.

It is a great time to be witnessing another historical paradigm shift in progress don't you think?

Want some popcorn?

{mos_sb_discuss:5}



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Shun (71.198.26.xxx) 2007-05-18 12:10:29

Saw the Casimir Nozkowski video and had to comment. At any rate, I think the business model is done, like the author says. We'll wait until the end of the RIAA and the MPAA to decide whether society collapses or if there is anarchy in the streets. Also, one final point : the Catholic Church was the most powerful institution in Western Europe during the Dark Ages. They will never, God-willing, have that kind of hold on people ever again. Hollywood is in the same position. They can dictate terms now, but they fear becoming just another player. For some reason, I am not sympathetic.
Miguel (203.59.48.xxx) 2007-11-23 00:40:35

Very well thought out and deliberated article. Yes, Big Media is in Big trouble. I for one welcome their demise, as a lover of vinyl recordings I well know the machinations these corporates are capable of unleashing on an unsuspecting customer base and I will happily roost on that smoldering pile. No they will not be gone tomorrow, and crappy pop songs will still sell to teenagers -- but there will be a time, in the very near future, where a "you accept what we give you" broadcast model (with its bizzare notion of 'owning spectrum') is so unprofitable they won't be able to keep the antennas buzzing . As for Holywood...well if Bruce Willis couldn't save the day on 19th September 2001 (NYC & W. dc) what chance have they got...

Cheers for a brilliant read.
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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.



 
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