Why Make a Sequel of the Napster Wars?
6 writes "Cory Doctorow has an interesting article over at Information Week about Hollywood's strategy of suing sites such as YouTube. Says Doctorow: 'It's been eight years since Sean Fanning created Napster in his college dorm room. Eight years later, there isn't a single authorized music service that can compete with the original Napster. Record sales are down every year, and digital music sales aren't filling in the crater. The record industry has contracted to four companies, and it may soon be three if EMI can get regulatory permission to put itself on the block. The sue-'em-all-and-let-God-sort-'em-out plan was a flop in the box office, a flop in home video, and a flop overseas. So why is Hollywood shooting a remake?'"
So why is Hollywood shooting a remake?
Unlike the Napster case, Youtube has revenue sources (and Google can invest the additional funds needed to keep it afloat).
The studios, quite rightfully see a source of revenue there. It's not just a bunch of cheap bastards sharing amongst themselves. It's a multibillion dollar company making money off of THEIR content.
Should copyright just be abolished because we want free access to tv shows and movie clips?
Assume that the major movie studios produced high-quality full-length first run downloadable movies with no DRM whatsoever at a reasonable prices. (You define what is reasonable.) Any DRM-less format you prefer.
How many of you would "share" then with your friends? (By "share" I don't mean watch the movies with friends. I mean make copies of the movies for friends.) If so, how many friends?
Would you see anything wrong with posting your copy to an FTP site or the equivalent?
Would you see anything wrong sending copies to your closest 100 friends?
Just curious.
Only Women Bleed (Sex, Sharia remix)
The original internet scene?
I'd actually began to mention BBSs and then erased it, because I figured if I start down that road, people are going to say, "Actually, it started with people copying each others punch cards."
"'Yrch!' said Legolas, falling into his own tongue."
You should teach an economics course or something!
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Now Napster was great for you, me, and all of other hepcats, but it kind of sucked for the artists and the recording companies. And yes, I know that the recording companies rip off the artists. But if Napster rips off the recording companies, then the artists are guaranteed to get nothing.
I personally like iTunes and the iTunes store. I don't mind the DRM and I re-rip the few songs I need to move. It's a pain, yes, but I think the price is fair. So I think iTunes is infinitely times better than napster because at least some money is headed in the right direction. Even if only 5% makes it through to the artists, thats an infinitely greater amount than Napster ever paid them.
Sheesh. I owe so much to the artists who've written songs that have gotten me through some tough times. 99 cents is nothing compared to the gifts they've given.
it's very much about a bunch of old guys who ask their secretaries and assistants to send an email. they simply don't get it, where "it" is any technological innovation after the year 1990
these old mogul type guys are from an era when you DID solve the problems of piracy by suing someone. because in the good ol' days, piracy was done by some mafia dude with a cd press or vinyl press or a bunch of cassette decks in a warehouse or closet room somewhere, and there were about 6 pirates out there who were making any economic impact on their bottom line: a small group of slow easy targets, and it was easy to get the fbi to help you
now of course, anyone who can download a program and drag a file in to a folder is a "pirate". which is basically every single young, music hungry, technologically savvy, and, most importantly, POOR student... in the entire world
but the old guys just don't get that
the solution?
wait. the old geezers will just die off. the guys who succeed them in the boardroom will know what's up and what's down about the realities of the internet
give it a decade or so. these RIAA and MPAA lawsuits are obviously incredibly retarded. but your complaints about the obvious realities of today fall on deaf old ears
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Policy about intellectual property is the responsibility of corporate lawyers, and they have a very primitive world view. They assume that all ownership is like physical ownership. If you own a theater, someone pays you to sit in the seat. If you sell songs, you sell the physical media. They don't understand that this model is no longer valid, and they don't have the flexibility to change.
This is why Apple has succeeded with iTunes. Apple understands the new online world, and they have figured out how to make money. It's not surprising that a tech company would be able to succeed, and old line traditional companies would fail.
Another side of the lawyer mentality is that you can only win by suing people. For some people in the law, not suing is like not breathing. (Insert shark joke here.) They see that their business model is going down the tubes. (Insert 'series of tubes' joke here.) Their first and only reaction is to sue. Why are you surprised by this? They are doing what they were trained to do, and what they are very well paid to do.
Because, as this summer has proven amply, the movie industry has temporarily run out of ideas and is only capable of producing sequels. Spider-man 3, Shrek 3, Pirates 3, Die Hard 4, Napster 2...
The only surefire protection against Microsoft infections is abstinence. - The Onion
i specifically remember trading brass gear assemblies that made pipe organs play the 1812 overture with others in the underground pirate charles babbage adding machine scene
you young whipper snappers and your pirate ragtime player piano paper scroll scene, you have it so easy today... YOU try hauling around 50 pounds of brass machinery under YOUR overcoat!
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Yes, the vast majority of people would give copies to a few friends... and enough people would give out copies to the world-at-large (and there are enough people who would download said copies) that these DRM-free files would spread far and wide.
Now, some would argue that this shows that people are mean or short-sighted, or somesuch. Perhaps. Another explanation is that the status-quo assumptions about ownership, distribution, and monetization of creative works are entirely out-of-sync with reality (where "reality" includes concepts like "computers", "the internet", and "sharing").
So then what's the solution? Well to me it seems obvious that domains of creativity that want to make money should just do what every other sector of the economy does: charge a price for whatever you distribute such that you actually make the profit you desire. (Rather than hoping for laws (e.g. DMCA) or technological measures (e.g. DRM) to come to the rescue.)
So, in practice this would mean that after you make a movie, you sell it, to whoever wants to buy it, at its actual cost (several million dollars or whatever). The person who buys it can do what they want with it: make copies and give them to everyone, or sell multiple copies to multiple people, or do nothing with it. Anyone who receives a copy can sell it if they want, or give it away. They bought the copy. The original creative-workers have already been compensated.
So how would this play out in an actual free market? You'd probably have commissioned works. You'd have companies setting up "donation-based content release" (e.g. "Did you like Spiderman 2? Well once we receive $X in donations, we'll release Spiderman 3 for the world to enjoy! Donate today!"). You'd have networks buying copies early on at high price, to put on TV along with ads... which is still a profitable business even if full ad-free copies end up on the Pirate Bay the following day. Then you'd have others buying copies later at lower prices. You'd have all kinds of websites set up (supported by ads or monthly fees) where you could download all the music and shows you wanted, nicely categorized. People are willing to pay for convenience and timeliness.
The point is that companies would do what they do best: figure out innovative ways to make money by giving customers what they want at prices they are willing to bear. Yes, it's really that simple. You don't need special laws for this kind of thing to take place. Copyright did a fine job encouraging the arts for many years... but that doesn't mean it's the optimal model in the modern world. It's entirely possible that special laws are no longer needed to encourage the arts. Conventional capitalism may be enough.
Now, I know I totally side-stepped the actual questions you asked... but I think I've responded to the subtext of your post. The fundamental question that people have in the anti-DRM debate is: "But without DRM, or something, then won't people just spread the copies far and wide?" The only reasonable answer is: "Yes, they will. Let them."
Eight years later, there isn't a single authorized music service that can compete with the original Napster.
I call bullshit. I played "stump the DJ" with a friend who has rhapsody, and it was no less impressive than Napster, at least for all the obscure titles I know that I was amazed to find on Napster.
True, cable and for that matter such channels as HBO were totally destroyed due to ABC, CBS, and NBC broadcasting their content free across the air.
Same thing happened with music. No one purchased records and tapes due to all that music broadcast over that free medium of radio.
What trumps everything is the basic building block of a business: customer value.
Companies that figure this out grow.
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There seem to be a lot of people bitching about IP and copyrights, and "well of course the Napster kicked their butts -- it was free!"
But what Doctorow is saying is that both Napster then and YouTube now *want* to do deals with the copyright holders, but they only see a revenue stream coming from lawsuits (especially given Google's deep pockets). He points out that both the recording industry and cable television started out by poaching someone else's IP (sheet music and already-broadcast material, respectively), then doing a deal with the copyright holders after they were able to make money doing it.
Please, read the fine ar... oh, right.
Trust not a man who's rich in flax / His morals may be sadly lax
Your analogy is flawed. The thing that for-pay cable and for-pay music allowed was control. With cable, you gained control over what you saw (and the more you payed, the more control you got by getting more channels). Same thing with purchased music vs. radio. With radio you were at the mercy of what the station played. If you bought your own music you could decide what to listen to yourself.
The problem with music piracy (and to a lesser extent with web radio) is that you get the higher level of control associated with paid tiers of service for free. This takes away significantly from the added value that owning a CD provides. Whether I pirate a song or buy the CD I gain the same level of control over my music and piracy costs a whole lot less. The reason that the music and industry is scared is that the loss of the ability to charge for greater levels of controls takes away significantly from their ability to provide added value. In fact, it darn well invalidates their entire business model.
That's not to say that this is a bad thing. After all, the buggy-whip manufacturer's business model was invalidated by the advent of the autmobile, and no one is shedding tears for them. Business evolves, and the RIAA companies are filling a rapidly shrinking market with no clear progression to a new business model. Therefore they're trying their best to buy time with lawsuits and intimidation while they figure out what they will evolve into.
We all know what to do, but we don't know how to get re-elected once we have done it
OK. We have 2 scenarios here, one perfectly legal, one illegal, yet same concept.
It is perfectly legal to:
1. Record a show on VHS
2. Invite people to then watch this VHS (given no $$$ is involved)
3. There are storage/cables/wires (in this case RG6 coax, whatever speaker cables you have, home theater systems, etc) involved in getting the media on the VHS to the TV for people to watch
Now all of a sudden, it's illegal to:
1. Record a show on HD (hard drive)
2. Invite people to then watch (download) from this HD (given no $$$ is involved)
3. There are storage/cables/wires (in this case CAT5, fiber, routers, etc) involved in getting the media on the HD to the computer monitor for people to watch
EXACT same concept, and it was ruled in courts a LONG ass time ago (before Internet was popular) that scenario #1 is perfectly legal. So why the hell isn't scenario #2 legal? You can not have a double standard, and that's exactly what we have.
And do not say scenario #1 is "analog" and scenario #2 is "digital" as being the reason for them to be legal and illegal, cause that's a crock too. VCRs have S-Video output (I do believe that's "digital"?). If you record from satellite (digital) or digital cable, well, that's digital, and that's legal.
The big problem is this. There's suddenly a shift in entertainment now, where people are simply not willing to pay relatively large amounts of money to relatively few people. Entertainment is everywhere, and there are tons of different kinds, and forms. So right now, nobody wants to pay $20 for a relative "hit" CD, so they're just taking the entertainment.
In the 20th century, when culture in the US, at least, was much more homogenic, stars like Elvis'es, Marilyn Monroe's, Beatles were more universally loved and demanded (paid for). Now, nobody is interested to that extent because there's so much more to see/hear/watch/read. Sure, a few hundred thousand kids may want to pay $5 for the new April Levigne CD, they're not interested enough to want to pay $20 for a CD.
Entertainers are simply not able to earn the money they used to make. Neither are the distribution company. We're seeing an overdue shift down in the amount of money that we are willing to pay for entertainment. Supply of entertainment shot through the stratosphere at the end of the 20th century, and demand merely shot through the roof increased with the population increase and populations joining the modern world (as far as entertainment is concerned).
All of this stuff that this article was about are simply the transitional pains. I predict that in 20 years, very few entertainers of any kind will be able to earn much more than say, a big city local television news personality. The days of Michael Jackson buying amusement parks and Elvis collection gold Cadillacs is over. The days of $20 music albums are over, too. The problem is that the large entertainment industry, as a whole, are going to go kicking and screaming, whether they're actors, musicians, or distribution companies (which are even less relevant now than the entertainers themselves).
The distribution companies do, of course, represent the entertainers demands for more money, of course. The problem for them is compounded by not only are peoples tastes diverging into more and more entertainment options, but people are especially not willing to pay for distribution. They're going the way of buggy whip makers.
What does this mean? It means that in 20 years, celebrities will be everywhere, but few will be massive, massive stars. It also means that they'll be more like actual, working people, and might have to work on their own distribution, if they want to make a good living from it.
Perez Hilton is a great early example of what most of tomorrow's celebrities will look like: organic, diverse, earning money by giving their "art" away for cheap or free, and making money from ads and sponsorships, while handling their own distribution straight to the people.
That's all people are willing to pay for. Why? Well, even if the distribution companies lock it down perfectly, it won't work. The demand isn't there. If you don't want to pay $20 to watch a shitty movie that you'll forget 10 minutes after you watch it, you can hop over to YouTube, and watch some rapidly improving, amateur stuff for free or cheap.
I don't respond to AC's.
Home taping was the first worry of the media companies, I remember reading an article in 1970-71 Hi-Fi mag aout the ethics of taping records (tape recorders had been available since the 1950's). Similarly, one of the reasons why Ampex never got serious about a home video tape recorder was that they knew they were going to be sued by the media companies (Betamax decision...) - they figured that the Japanese with their assets offshore would make a much harder target for the media companies.Ever play pickup basketball with old guys? I'm a run and gun type player myself - and the old timers neutralize all that with the ground and pound. They back up the whole way down the court at two meters an hour, talking shit the whole way while swatting at you when you try to steal the ball. You get overzealous, he threads a backdoor pass from the three point line to the basket for an easy layup. It you tap the ball away he cries foul and complains that the young guys are beating up on the warhorses. Or he'll pump fake you like 14 times until you give up and he banks in the shot. old guys ALWAYS use the glass.
the lawsuits are that old guy - taking a speedy process and slowing it down to their pace in order to give them time to catch up. they call fouls all the time and make the whole process generally unpleasant at times. But they are doing what they need to do to WIN.
pointing out that the lawsuit strategy failed is assuming that it was to attempt to deter change - it's not. Big companies are about slowing down the process and milking every dime they can out of it. Innovating is an interesting thing. For every innovator who succeeds, countless others fail for reasons other than technical viability. The smart thing to for large moneyed firms to do is to wait - let the innovators do their thing; when the market reacts in kind - bully into the market with dollars and positioning. It's the lion chasing off the hyenas after they've made the kill. The king of the jungle feeds off carrion something like 30% of the time.
I'm certain I'll get modded down for this, but the future of this business is not in selling music. What the internet has taught us is that content is devalued by an inability to secure exclusivity of access. The future of media is not ITUNES - that's another example of slowing down change. It is not change itself. It is still selling music. the paradigm shift is that they are not going to sell MUSIC at all.
un burrito me trampeó.
The Internet allows artists to get their work out without signing away their copyrights to the big media companies for a song and a prayer. That's what scares them. If they're not necessary for artists to make it big, then they're not going to be able to goad those artists into contracts that leave artists with a double-platinum album deep in debt to the record company.
It's about control, not justice.
Free Software: Like love, it grows best when given away.
Due to the leak of the upcoming new Metallica album on illegal peer to peer file sharing networks, millions of music lovers are currently suing Metallica drummer Lars Ulrich over wasted bandwidth costs. According to reports, the new album is so bad, people have been downloading and deleting the album at a speedy pace.
"I just thought it would be like their older stuff, given that they copped so much crap over 'St Anger'" said one internet user. "Turns out they suck even harder than before. Maybe they should all go back to rehab for good".
Lars Ulrich has responded in an internet blog written for him by his marketing team. "Lars, the two guitarists and that bass player dude would like to apologize for any inconvenience caused by downloading the new album illegally. We are trying to trace you IP addresses so we can sue you, so please download it a few more times each".
Torrent sites have since removed the links to the new album from complaints they have gotten from the internet masses.
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