Everyone loves their media. Whether it’s TV, movies, music, software or whatever, we all love something … and so we’re all are affected by copyright law. So I think it’s in our best interests to try to get it right!
I’m going to to try to simplify down the entire convoluted mess as well as I can, because I think what the whole debate is missing is exactly that: simplicity!
The worst part of it all is the massive appealing to morality from all sides. ”It isn’t right to take people’s work for nothing!” ”Information wants to be free!” etc.
The arguments that base solely on a moral basis are what is causing the vast majority of the problems - when you portray your opponents as “evil” and your argument as “good”, it’s very hard to get past that and debate objectively.
So here’s my grandiose attempt at an argument: We’re all right, and we’re all wrong.
I think we need and deserve a better intellectual property system. We have been able to find workable solutions for pretty much every other socio-economic problem we have encountered, so why not copyright?
Who’s involved?
- Content producers: These guys have been around forever. They create the things that we want: they make music that we like, direct movies we desire and write software that we use and need.
- Content distributor: These guys are relatively recent (100 yrs or so). They take what the content producers make and sell it to people. They find the people who already desire the content, and they also find people who don’t know they desire the content and let them know about it.
- Content consumers: These guys want what is being produced. I’m going to further subdivide this category into a spectrum. People can be at either end of this spectrum for any given producer/channel (and are rarely at either extremity)
a) Responsible: Pay for their music, want to ensure that their content being produced keeps on getting produced.
b) Irresponsible: Does not pay for music, either (1) assumes that enough type (a) compensation is being generated that their content will keep being produced, or (2) doesn’t care if the content stream dries up after they’ve gotten their part - if it dries up, type 3. people will ultimately find something else
Whew! That’s actually a complicated matrix, full of conflicting desires and goals. I think the important thing to note is: All of these positions are morally defensible!
While I’m doing this information dump, I’ll list the various positions on content consumption:
- The right thing to do is to never pirate material and buy everything I consume.
- The right thing to do is to support the artists I deem worth supporting in the fashion I choose, and pirate the rest of my desires.
- I don’t really care about the morality, I want these things and I can get them for free, so I will
Again, I don’t really disparage any position. They all have significant merit. It’s position (3) there I want to actually defend:
The way our economy is designed is that we have a status quo that remains as such until new technology comes along and obsoletes it; then we all move to the new technology and the cycle continues. This has traditionally worked extremely well. I wonder whether this revolution is fundamentally different to others we’ve seen before.
Fundamentally, the Internet has rendered the traditional media distribution industry completely irrelevant, in the same way that the steam engine obsoleted horse-driven power. It is near infinitely more efficient to distribute information and content via the Internet than it is to distribute it on physical media via physical channels. By our traditional economical model, we should expect that physical distribution will very quickly become obsolete and we should all be obtaining cost-free media at will, because the technology enables it.
But this can’t happen in media, because then there would be no more media to distribute!! It appears that this paradox is unique in the IP world due to the cost of media transfer becoming 0. When the steam engine was invented, it significantly reduced transport costs, but it didn’t reduce them to 0.
We created our current IP system to deal with content in a pre-IP world, then we developed a technology that completely invalidated the IP law assumptions. We are struggling right now with the repercussions of this change. This paradox is unique in the development of the Internet, and is the reason why IP law remains hugely controversial at basically every level.
As one of the basic tenets of law is to give people both guidelines and boundaries to acceptable behaviour, I think it is a valid position to object to Copyright law itself. It is currently not up to the task of satisfying ANY of the stakeholders in this debate.
Producers aren’t happy: they see traditional profits lessen with no recompense.
Distributors aren’t happy: they see their rewards diminish to nothing, whilst they still provide a service (informing consumers of their product).
Responsible consumers aren’t happy: they pay extra because acting ethically now comes at a price, both monetary and with regards to the convenience of consuming a currently-legal product. The reduction in profits from media also sees a lesser amount of desirable content produced.
Irresponsible consumers aren’t happy: they push the boundaries as far as they can, whilst watching a hugely positive social oppurtunity for no-cost cultural distribution go wasted because our legal system is not designed for it. Though it is a secondary concern, the current legal system also allows content producers/distributors to threaten a very select few individuals with an abhorrent amount of financial debt. Pursuing a legal course of action is about the stupidest action that the distributors could ever take! Pirates look at litigation objectively as extremely unlikely to happen to them (so it doesn’t really weigh into their own decisions as to whether to pirate), but as extremely unfair behaviour from the distributors (so it very negatively affect their chances of ever paying for their media).
There’s another terrible aspect to the current system: incorrect signals are being sent to the distributors (who control the money, remember!).
A show targeting a demographic that is more susceptible to piracy will perform badly. For example, sci-fi audiences tend to have much higher proportions of people ready to use the internet for their TV-show needs, thus vastly reducing the common-Cable viewership of the given show. The classic example of this is Firefly. This commonly ranks among the best TV shows EVER to air on any channel, yet it got cancelled after a mere 10 episodes. This is despite possibly the largest audience on any geek-oriented show. This has resulted in one of the largest (unsuccessful) campaigns to re-air a program - unsuccessful due primarily to the fact that, even if a resulting show was successful, the only audience would not result in any money!
So - yeah, everyone’s unhappy.
How do you fix it then, Andy!?
Well, if I’d thought of a bulletproof solution, I would be on my way to becoming a multi-billionaire! Given that the party that develops a good solution and can exploit it will become the new standard for wealth in our economy, there should be a fair amount of interest in this problem.
The one constant in all of the relevant positions is that everyone LOVES their media, and they all want ever-increasing amounts of it! How do we find an economic strategy that encourages all the things we want (new media development, easy distribution) without all the caveats our current system requires (eg. extremely inefficient distribution)?
Well, I think one insight might be gained in looking into instances where we’ve seen content distribution done right - the Steam platform for game distribution. Despite my initial reservations, it has actually transformed into my favourite example of how to manage IP correctly: make it EASY, make it CHEAP and make it DESIRABLE!!
Before Steam, the only constant with gaming was the stuff-around factor. You ALWAYS had to mess about with installs, configuration files, drivers, WHATEVER, in order to play the game. Steam has completely eliminated that, and made it as easy as Right-click -> Install!
Further, adding protection to your content ALWAYS decreases the value due to the lesser control. Steam acknowledged this, and so reduces the restrictions as much as is possible. You can access your content as many times as you like, from however many computers you want … even allowing you to access your games from both Mac and PC platforms. To me, this has been the absolute best example of copyright management done RIGHT: make it so that you are trivially easy to use, you add value and you don’t make the consumer ever feel bad about your service.
iTunes performs a similar service for music distribution, but it is more modelled on the traditional Apple “lock-down” method. The issue with locking everything down like this is that your users can only then use it in proscribed ways - any unforeseen problems can fast become unresolvable. One of the hardest problems in designing new systems is managing failure correctly: if your system doesn’t fail the right way, it isn’t the right system.
I just experienced this problem: I was trying to copy my music from my iPhone onto my MacBook. This is something that not only “should” but “NEEDS” to be easy in order to prevent me getting disheartened and looking to “alternatives”.
Alas, despite being a programmer of some talent, I spent 45 minutes on Google and found only a few crappy apps purporting to be my solution (of which none worked). This should be DEFAULT BEHAVIOUR. iPhone -> computer syncing should be a path of least resistance - if no-one has thought of exactly what I’m doing, it should be allowed. Not only that: if I want to, for example, have completely seperate music libraries on my 2 computers and my iPhone, it becomes a nightmare to maintain. This is not a contrived scenario: this is the state I’ve been at for the last 2 nights. It’s becoming increasingly obvious that iTunes is much harder work than just pirating the music and completely avoiding all these issues. And I know I’m not alone.
What is the correct model for copyright law in developed countries?
Well, for the most part, I think the BBC model works well. Some of the best video content in the world has been funded by the BBC . You get some really cool shows and radio content, because they don’t have to worry about satisfying market interests. Maybe some socialism would work in the media industry, where a governing body distributes funds to the better-looking media?
As an ultimate solution, though, I think it fails on a couple of levels. The first is obviously censorship - some of the most culturally important media is created with the aim of upsetting the status quo. Having the government (which is pretty much the definition of the “status quo”) approve funding for everything would deny lots of important content from being created.
This idea also falls down when considering the very fast-moving yet copyright-reliant sector of IT. There seems to be absolutely no way to get Government moving fast enough to be able to keep up with the IT industry (look at the dismal history of software patents for evidence of that claim).
The current way I obtain media maybe is some form of solution, though enforcement is an issue.
I consider myself very interested in music, yet I rarely buy music. I don’t like supporting physical distribution channels, and the middle men involved aren’t deserving of the size of the cut that they get. Instead, I buy tickets to concerts. The key difference in this is that the band has produced some non-reproducible work that I’m willing to pay for… in this case, the performance of the music.
Extending that to other fields is considerably harder. How do you “perform” a TV show? I don’t know. Maybe we could use the BBC model for TV, a Steam system for games, and a performance system for music and movies (of which the theatre is the “performance”).
I feel like humanity has missed something in the IP field … in every other field, we’ve worked out how to be very efficient, but when it comes to IP we all fall over each other to prove how “morally right” we are whilst ignoring the socio-economic effects.
Being in the interesting position of creating a startup, I think I’m in quite a good position to help out in this area. I just need to work out how!
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Ayjay on Fedang/copyright