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Lessig on Streamcast/Grokster Decision
scubacuda writes "Lessig has an editorial in Financial Times regarding
the recent court decision in favor Streamcast (which distributes "Morpheus") and Grokster. 'The wisdom of this rule is something innovators in Silicon Valley are increasingly coming to see. When courts intervene to maintain copyright's balance, the inevitable consequence is that innovation is harmed. If every innovator with technologies affecting content must bear the burden of a lawsuit before his innovation can be allowed, there will be many fewer innovations in the distribution and creation of content. That in turn will harm artists and technologists alike. Better to let the innovation happen, and then consider whether the change caused by the innovation is so significant as to require new legislation by the legislature.'"
It may, in the end, come down a choice: Free speech or copyright enforcement. I know what I'd pick.
The records companies, movie studios, etc., are trying to preserve their monopoly on the only thing that they have of value to sell, that is, their content. Before the day of P2P, they attempted to suppress cassette tapes and VCR's in much the same manner, using the same tactics of Chicken Little "sky is falling" doom and gloom. It didn't happen then, it probably will not happen now.
In fact, much of the revenue generated by a film is through it's secondary sales channels, namely videos (videotape and now DVD.) Had the masses not had the ability to record, how long would it have taken for VCR's to be adopted? Much longer would be my guess.
So at the end of the day, the content providers figured out how to actually utilize the new technology (VCR's) that previously had been the (they said) precursor of their Armageddon and make money off of it.
It may just turn out that they could do the same with P2P. Yes, piracy is rampant in that area currently, but there are ways, as iTunes has obviated, to make a lot of money by downloading music. iTunes has given consumers choice, and consumers have shown that they are willing to pay for high-quality music of their choosing.
No iTunes is not P2P, but it is what P2P really is -- an electronic distribution channel that brings the record store to the web browser. That's really what Grokster, Kazaa, etc., are -- ways to get music sitting in your underwear on Sunday morning while you're sipping coffee. Music that you choose, not the 13 other tracks on a given CD that, well, suck.
They should have learned this, if nothing else: that consumers are far less willing to accept the old status quo of buying albums by the current "pig in a poke" method -- you know the one song that Clear Channel's been bribed into playing, but the others are a mystery. More often than not, they aren't the greatest. Rare is the album that's pleasing end to end any more. And at $19 bucks a pop, it's no wonder people are refusing to plunk down the price.
Given the choice between a fair price for a legal Napster of a certain guaranteed quality, of songs that they want (no filler) I would think that many people would be happy to pay for it. Time will tell. What's clear though is that the meteor has crashed into the record companies' world and it is now their choice to be either dinosaurs or evolve into something that can survive.