Slashdot Mirror


RIAA/MPAA: the Greatest Threat To Tech Innovation

TAGmclaren writes "The Harvard Business Review is running an article stating that it's not India or China that are the greatest threat to technological innovation happening in America. Rather, it's the 'big content' players, particularly the movie and music industry. From the article: 'the Big Content players do not understand technology, and never have. Rather than see it as an opportunity to reach new audiences, technology has always been a threat to them. Example after example abounds of this attitude; whether it was the VCR which was "to the American film producer and the American public as the Boston strangler is to the woman home alone" as famed movie industry lobbyist Jack Valenti put it at a congressional hearing, or MP3 technology, which they tried to sue out of existence.'"

29 of 278 comments (clear)

  1. The VCR? No by countertrolling · · Score: 3, Insightful

    The printing press was/is the greatest threat. That's where it all started. The first "Bertamax" case..

    --
    For justice, we must go to Don Corleone
    1. Re:The VCR? No by eggled · · Score: 3, Funny

      "Bertamax" has me picturing a muscle building product whose spokeswoman is a large german woman...

      BertaMAXX!

    2. Re:The VCR? No by log0n · · Score: 3, Informative

      Something tells me history isn't your strong suit. At it's inception, the printing press stood as a tool about as un-RIAA as was possible to be. Check out Johannes Gutenberg (of Project Gutenberg fame :) ).

    3. Re:The VCR? No by AlecC · · Score: 3, Interesting

      You are looking from the wrong end. Eventually, when a technology is commoditized, the Big Players adopt it - and 400 years is long enough to do so. But when printing first appeared. the Big Players of that time - the Church, the Monarchs - were horrified by this new technology and did their very best to control and restrict it. In England, all publishers has to operate from St Paul's churchyard, and every volume had to be approved by the King's censors, on pain of penalties on both publisher and printer. Of course, it didn't work - people got their seditious ideas printed in more liberal places (Netherlands, Geneva) and smuggled them in. But in its first days, printing was as suspicious a technology as file sharing today.

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    4. Re:The VCR? No by Digital+Vomit · · Score: 5, Funny

      Check out Johannes Gutenberg (of Project Gutenberg fame

      Yeah, his online archive of out-of-copyright books was a great idea, but what has he done lately?

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  2. Simplistic view by girlintraining · · Score: 5, Insightful

    These corporations are not a threat to tech innovation: Voter apathy is the threat. In every country where intellectual property concepts have been strengthened by legal precident, it has done so because the issues are too complex for the average person to understand. They are uninformed, and unable to feel any sentiments towards what is happening one way or another. They may vaguely understand that it is wrong, but being unable to form a cohesive argument against it, they shrug and move on. It's intellectually dishonest to place the blame on a handful of individuals and corporations for this situation. If you really want to drill down to the root cause of this, it's our poor public education system and a lack of training on using critical thinking skills that has caused this, and many other, social ills. And that's true globally, not just in the United States. Wherever you cut back education and voter participation falls, corruption grows and corporations become more powerful.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Simplistic view by Nidi62 · · Score: 5, Insightful

      I wouldn't call it voter apathy. I would simply say most voters are more concerned about whether or not they will be able to afford rent or the mortgage next month, or have enough money left after taxes to take their kids on that vacation, or even just be able to put good, healthy food on the table for them. When ordering priorities for a lot of people, being able to listen to music in any format they want or being able to stream the newest episode of whatever TV show online falls pretty low on the list.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    2. Re:Simplistic view by Labcoat+Samurai · · Score: 4, Insightful

      These corporations are not a threat to tech innovation: Voter apathy is the threat. In every country where intellectual property concepts have been strengthened by legal precident, it has done so because the issues are too complex for the average person to understand. They are uninformed, and unable to feel any sentiments towards what is happening one way or another. They may vaguely understand that it is wrong, but being unable to form a cohesive argument against it, they shrug and move on.

      In my experience, inability to form a cohesive argument doesn't stop people from having strong convictions. I won't politicize this with examples, but there are a lot of people out there who are very passionate about issues despite having incoherent, nonsensical rationale.

      It's intellectually dishonest to place the blame on a handful of individuals and corporations for this situation. If you really want to drill down to the root cause of this, it's our poor public education system and a lack of training on using critical thinking skills that has caused this, and many other, social ills. And that's true globally, not just in the United States. Wherever you cut back education and voter participation falls, corruption grows and corporations become more powerful.

      The problem is that they don't care, though. I'm not sure how you can educate the apathy out of them. I remember school, and I remember that people were apathetic then, too. If it wasn't something the directly impacted their priorities, they tuned out and couldn't give a shit. What's unfortunate is that there's not necessarily anything about this issue that *does* directly impact their priorities, so provided you can't change that thinking, there may be no way to get people to care. At least no way to get them to care enough to research and critically examine these issues themselves.

      Also, I'm not even sure it's a skill you can teach everyone. I've run into some staggeringly irrational people, and I'm skeptical that it's all because their school didn't do its job.

    3. Re:Simplistic view by __u63 · · Score: 5, Insightful

      Voter apathy is merely a symptom of a larger problem -- a legislative system that decentralizes decision making so much that elected officials are accountable only to their local constituencies and large campaign contributors and a legal system that is focused on the minutiae of rules and processes and that is all too content to lose sight of the bigger picture. We should accept low voter turnouts in the US as a given for the time being and try to work out a system that will optimize responsible decision making on the part of elected officials.

      Re the subject of this article -- until IP law is revised, the RIAA/MPAA will basically have free reign to do silly things. US IP law is badly broken, something we've been complaining about on Slashdot for years. It will not be revised until there is sensible campaign contribution reform and an organized grassroots political movement.

    4. Re:Simplistic view by girlintraining · · Score: 5, Interesting

      I wouldn't call it voter apathy. I would simply say most voters are more concerned[...]When ordering priorities for a lot of people[...]falls pretty low on the list.

      I think the distinction is academic. Whether you don't care, or don't care enough the end result is the same: Inaction. Now, I'm going to come dangerously close to Godwinning the discussion here, but I feel an excerb from Elie Wiesel's speech The Perils of Indifference sheds some light on this distinction. Keep in mind that what he was discussing was many orders of magnitude more severe than what we are talking about, but the principle is the same.

      What is indifference? Etymologically, the word means "no difference." A strange and unnatural state in which the lines blur between light and darkness, dusk and dawn, crime and punishment, cruelty and compassion, good and evil.

      What are its courses and inescapable consequences? Is it a philosophy? Is there a philosophy of indifference conceivable? Can one possibly view indifference as a virtue? Is it necessary at times to practice it simply to keep one's sanity, live normally, enjoy a fine meal and a glass of wine, as the world around us experiences harrowing upheavals?

      Of course, indifference can be tempting -- more than that, seductive. It is so much easier to look away from victims. It is so much easier to avoid such rude interruptions to our work, our dreams, our hopes. It is, after all, awkward, troublesome, to be involved in another person's pain and despair. Yet, for the person who is indifferent, his or her neighbor are of no consequence. And, therefore, their lives are meaningless. Their hidden or even visible anguish is of no interest. Indifference reduces the other to an abstraction.

      [Source]

      --
      #fuckbeta #iamslashdot #dicemustdie
    5. Re:Simplistic view by gravis777 · · Score: 4, Insightful

      I think the problem is more along the lines of ignorant politicians. The USA is not a truely democratic society - ie we do not vote on every law that comes down, but instead we are a representative democracy. You really cannot vote for someone on a certain issue of none of your candidates understands the issue. In the few cases where a political party emerges that does understand (like the Pirate Party or something), they normally only have strong convictions about technologies and copyright. While that is all important, a politician with no major party backing, who has no clear cut agendas on things such as the economy, healthcare, education, enviornment, or any of the other hot topics, is probably going to recieve little votes.

      Sadly, in the way the US government is setup, about the only way that progress is going to be made is if Party leaders come out, set forth guidelines of where the party stands in matters of copyright, get current politicians behind them, and then see where the votes lead. A half-dozen Congressmen who understand copyright and technology issues are probably going to have a hard time pushing reform through Congress if the other 400 members don't even know what an iPod or an MP3 or bittorrent even is.

    6. Re:Simplistic view by Silentknyght · · Score: 3

      I wouldn't call it voter apathy. I would simply say most voters are more concerned about whether or not they will be able to afford rent or the mortgage next month, or have enough money left after taxes to take their kids on that vacation, or even just be able to put good, healthy food on the table for them. When ordering priorities for a lot of people, being able to listen to music in any format they want or being able to stream the newest episode of whatever TV show online falls pretty low on the list.

      +1

      In addition to those very fine reasons, I'd add that many people rely upon the news media for an update on "what's important," while it has historically been in the same news media's interest not to discuss IP laws or copyright reform. It needn't be malicious intent, either; discussion on COICA or other complicated topics may simply not "sell" as well as the current local/worldwide disaster. Many topics are worthy for discussion, but there's only so much time in a day.

    7. Re:Simplistic view by postbigbang · · Score: 4, Interesting

      The ostensible 'inaction' really has nothing to do with the core problem. The music industry has an evolved business ecosystem, and can blithely ignore whatever technology you want to throw at them.

      They fund the band, they control the media and also who the 'stars' are going to be, they do the tour promotions, link to the ticket companies, edit the fan pages, and so on. This is an ecosystem. You have to kill most parts of it and re-do it to make indie music work. I have friends and relatives that are in the indie business. They compete with huge wads of cash and a set of walls at each turn of the road to riches. Their fans just want the music; they'd just like a little money to keep from starving.

      In the motion picture industry (sounds old, doesn't it?) it's the same set of characteristics. Studios, producers, theaters, TV, syndication, stars stars hype stars. The indie film makers have their own festivals, but at the root of their desire is artistic expression and oh, gotta pay the bills. At each turn of the road, they, too, face an entrenched set of business ecosystems. To fight this, you have to replace the ecosystems, 'cause people have to eat and get paid. Lacking that, you're fighting windmills.

      --
      ---- Teach Peace. It's Cheaper Than War.
  3. Copyright Lawsuits by TaoPhoenix · · Score: 3

    The **AA singlehandedly turned the net from a fun place to mashup stuff into a hush zone where soon if they get their way a misclick will send you to jail! Even the usual patent games don't hold a candle to that!

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    1. Re:Copyright Lawsuits by Anonymous Coward · · Score: 3, Insightful

      The net is already in a state where a misclick can send you to jail. Examples:

      1) Accidentally hitting a web page that contains images that are considered child porn where you live.
      2) Accidentally downloading copyrighted content that was illegally posted (like watching a youtube video, which has been prosecuted in some countries).
      3) Buying something online. Perfectly legit. Except you may now owe use tax to your local government, and will not be informed of this until several years later when the interest is sufficent to wipe you out.
      4) Buying something online which is (unknown to you) illegal where you live (but legal from whence it is being sold).
      5) Posting an opinion in a forum, only to be sued by someone who dislikes that opinion.
      6) Accidentally downloading a trojan that uses your computer as a proxy server for some kind of illegal content or activity.
      7) Accidentally leaving your wireless router unsecured and being held responsible for the illegal activities that strangers use it for, without your knowledge.
      8) Accidentally giving your child unmonitored access to the computer, and being held responsible for the illegal activities in which your child (possibly, innocently) engaged.

      That's just what I can think of off the top of my head.

  4. IP Laws as a whole are flawed by imgod2u · · Score: 4, Insightful

    Treating all IP in every industry the same way is flawed to begin with and the barrier to entry to stake a claim on an idea is way too easy.

    The whole point of IP is to encourage innovation by providing incentive for the inventor. Today's IP laws are a flimsy shadow of that. Studios and IP troll companies collect the rewards and inventors are relegated to idea-generating grunts.

    There is no inherent morality to ownership of an idea; it is something granted by the public to individual holders of IP for the benefit of the public. If at any time, said laws are detrimental to the public, it should be repealed.

    Of course, that would require a government that isn't bought and paid for and a populace that's at least decently educated and informed.

    1. Re:IP Laws as a whole are flawed by countertrolling · · Score: 3, Informative

      No, the whole point of IP is to create another commodity, ripe for speculation. It's just business.

      --
      For justice, we must go to Don Corleone
  5. time for copyleft for music by circletimessquare · · Score: 3, Insightful

    consumers are obviously better off without mafiaa

    it is my belief artists are better off without mafiaa. the evil communist business model in question is... the same business model as good ol' radio from the 1950s: give your content away for free. should we dig up senator mccarthy and tell him wolfman jack was endorsing a communist business model? make cash in related ways: gigs, ancillary revenues, advertising, endorsements, etc. on the internet, you are giving away your digital content for free, for free advertising, exposure. then you capitalize on that

    of course, not all artists will take that route. that's fine. i think copyleft content will take off regardless as a valid zone of content that pays dividends for everyone who is not the beetles or the rolling stones. because really, with the mafiaa, unless you are the beatles or the rolling stones, some middleman is making cash, not the artist. they write the contracts in such a way you're screwed as an artist unless you have clout

    so we just need to reach artists, and rather than confront IP laws directly, just route around them with a new generation with a new understanding: artists who want exposure more than anything else

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. No need to understand.. by pablo_max · · Score: 3, Interesting

    No need to understand technology when in addition to having piles of money, you understand that buying law makers will keep your current system safe. This way you don't have to do anything different and you still make money.

    Even as close as a few years back, I had the impression that Democrats somehow had the people interest in mind more than Republicans. I finally realized that both are the same. They simple represent different segments of industry which sometimes have competing views. One thing both can agree on, we are the enemy.

    Off topic, I know but it still makes me sad. To think I wasted 6 years in the military to defend an ideal that doesn't exist anymore. You try to do something about it and everywhere you run into these stupid American hicks saying, if ya dont like'it git'out.
    Well, you know what hick, I did get out. I have moved to Germany. Sure, I cannot have a gun without a really good reason, but at least I can laugh at you will all the people around here...even though it still breaks my heart to see what is happening to my old home.

  7. More important is the government’s collusion by InsurrctionConsltant · · Score: 5, Insightful

    1. It’s great to see this coming (finally) from a well-respected business source. The Lessigs, Doctorows and even Nissons of this world are potentially dismissed as impractical ideologues; not so Harvard Business.

    2. The things that really makes me sad and angry is the continuing complicity of the US government in the RIAA & MPAA’s money-grabbing, price-fixing, collusive monopolistic ransom-holding of contemporary cultural output. From the anti-democratic secret ACTA treaty shenanigans to Joe Biden’s White House lunches with the Big Content and law enforcement, even Obama, by far the most technologically forward thinking president ever, has completely failed to comprehend the nature of the problem, despite excellent books on the subject, notably Lessig’s Free Culture.

    I thought Obama would change this, because his election campaign was funded by crowd-sourcing and he railed against the “Special interests” in public debates.

    It’s the public’s interests vs. those of a business elite with a powerful lobby. Guess where the Administration’s placing its support. Change we can believe in, indeed.

  8. What about the children? by rabun_bike · · Score: 4, Insightful

    That is akin to the "what about the artists?" statement the industry always uses. What about the artists? They make most of their money from live performances since they don't have to pay the record industry to perform their songs live (usually). "Artists are paid royalties usually somewhere between 3% and 25% of the suggested retail price of the recording. Exactly where it falls depends on the clout of the artist (a brand new artist might receive less than a well-known artist). From this percentage, a 25% deduction for packaging is taken out (even though packaging rarely costs 25% of the total price of the CD)." The US Supreme Court recently refused to hear the Eminem/Universal case upon which the lower courts had ruled in Eminem's favor that he should receive 50% of revenue from downloaded songs versus the 3 to 5% he was receiving based on CD licensing agreements. That's a big deal and really does put money back in the artists pocket. If the record industry was really concerned about the poor artists they would not be fighting to keep their 95-97%. http://www.prefixmag.com/news/supreme-court-refuses-to-hear-eminemuniversal-case/50487/

  9. to further this topic by Mr.Fork · · Score: 5, Insightful

    Michael Geist, Canada's copyright law guru and law prof at the University of Ottawa, posted an interesting observation about the copyright fight a lot of these organizations like RIAA and MPAA engage. It's marketing failure, not bad behaviour that is the cause of piracy.

    Meaning, it's RIAA and the MPAA failure to properly price their products at a reasonable level that makes the consumer believe that the purchase is reasonable. I mean, if a movie to buy was $1 or $2, would you purchase it or DL it? If a music CD was $3, not $20, would you own your own copy? Or if they offered monthly subscriptions, like the Netflix model, would you subscribe or pirate?

    Not only are they missing the boat and stifling innovation, they're attacking and going after consumers who don't believe the purchase is worth the money and then lobby governments to put in CRAZY laws that illegally downloading a movie can cost you $250,000 + 5 years in jail if you're charged and found guilty. Yet get in your car drunk and kill a family of 5, spend 2-3 years in jail + $50,000 in legal fees.

    Is it me, or does the who copyright debate sound complete like corporate sheit they've bought and paid for and then rammed down our throats?

    --
    Management is doing things right; leadership is doing the right things. - Peter F. Drucker
    1. Re:to further this topic by Drakkenmensch · · Score: 4, Informative

      Not only are they missing the boat and stifling innovation, they're attacking and going after consumers who don't believe the purchase is worth the money and then lobby governments to put in CRAZY laws that illegally downloading a movie can cost you $250,000 + 5 years in jail if you're charged and found guilty. Yet get in your car drunk and kill a family of 5, spend 2-3 years in jail + $50,000 in legal fees. Is it me, or does the who copyright debate sound complete like corporate sheit they've bought and paid for and then rammed down our throats?

      The moral to this story is that when a piracy crime is worse than a murder charge, you should simply kill anyone threatening you with a copyright lawsuit and get away with a slap on the wrist. Shakespeare's "But first let's kill all the lawyers" has never made more sense than it does now.

  10. If Intellectual property really is property by Anonymous Coward · · Score: 5, Insightful

    Why cant there be a property tax on it?

  11. Re:obvious? by ThePromenader · · Score: 5, Insightful

    Please allow me to clarify:

    Gramaphone == Threat to live performances!
    Radio == Threat to the Gramaphone industry!
    Blank Cassettes == Threat to the Record (gramaphone) industry!
    Burnable CD's == Threat to the Record (and Cassette) industry!
    Mp3's + web == We're all gonna die!

    --

    No, no sig. Really.

    ThePromenader
  12. Re:Illegal downloaders must be punished. by hedwards · · Score: 3, Informative

    Nice try there. Copyright infringement isn't theft, never has been and hopefully never will be. You cannot steal a non-rivalrous good. Secondly, the reason why the *AA so loves the statutory damages is because it's impossible for them to prove that they've been harmed, consequently the conclusion that it's not a victimless crime is just as flawed as concluding that it is.

  13. Not big content---big everything. by Bobzibub · · Score: 4, Insightful

    Big Oil is why you fight wars.
    Big Insurance is why you can't have the health care you want.
    List goes on.

    In the end, it is that Big has too much sway in the political system. They pay little tax yet have a disproportionate amount of influence.

    1. Re:Not big content---big everything. by Anonymous Coward · · Score: 5, Funny

      Then we'd end up with "Big Moderation", and everything would go to hell.

  14. Re:More important is the government’s collus by InsurrctionConsltant · · Score: 3, Interesting

    I still basically "support" Obama –whatever that means, being from the UK. How anyone even slightly left of Bill O'Reilly could favour the alternative, the Cavalcade of Crazy currently coming from the Republican side is beyond me.

    Still, I don't agree with your assessment that "The President tried change, and was rewarded by the people by taking away his majority in the house." I just didn't see the evidence of him "trying change" –the secret ACTA negotiations and white house events for the MPAA (incl. presence of FBI brass) etc. were all going on way before the Dem majority was lost.

    I do understand your point that generally there is a great deal of FUD (must not mention Fox News... dammit) that results in many people being grossly misinformed and therefore punishing politicians trying to act in their interest (cough health care cough socialism cough).

    Please if you know of significant ways Obama tried to make government less beholden to "Special Interests" (as he promised), give us some info.