Skip to main content

The magic of the internet and why media companies want to kill it

Imagine a 16-year-old dude from France loves music and wants to make a career as an electronic musician. Imagine furthermore he remixes a Killers song, posts it on YouTube, and catches the eye of some industry players. He becomes a successful DJ, still only 17. He releases a mashup taking bits from dozens of different songs and weaving them into a new whole.

Now imagine someone else uses that song as background for an awesome dance video. Suppose for the sake of argument that someone is a balding math professorish dude with a predilection for backflips:



Would that not be the very height of awesome? Who is being harmed in this process? The playing field is more level; music and performance is democratized such that nearly anyone has a reasonable shot of getting their work out there. For all its flaws the internet is sometimes truly amazing.

The "anti-piracy" bill before Congress would make nearly all of the above process illegal. That is on purpose. Media companies want the only content out there to be the things on which they control monopoly rents. There was once a copyright bill (the Eldred Act) which would have granted basically infinite rights to anyone who was willing to pay a dollar to maintain their copyright, but released into the public domain the literally millions of works whose copyrights are fifty years old and for which there is no one willing to pay a dollar.

Media companies killed that bill. Why? Lawrence Lessig, Free Culture:
But when the copyright owners oppose a proposal such as the Eldred Act, then, finally, there is an example that lays bare the naked self-interest driving this war. This act would free an extraordinary range of content that is otherwise unused. It wouldn’t interfere with any copyright owner’s desire to exercise continued control over his content. It would simply liberate what Kevin Kelly calls the “Dark Content” that fills archives around the world. So when the warriors oppose a change like this, we should ask one simple question:

What does this industry really want?

With very little effort, the warriors could protect their content. So the effort to block something like the Eldred Act is not really about protecting their content. The effort to block the Eldred Act is an effort to assure that nothing more passes into the public domain. It is another step to assure that the public domain will never compete, that there will be no use of content that is not commercially controlled, and that there will be no commercial use of content that doesn’t require their permission first.

The opposition to the Eldred Act reveals how extreme the other side is. The most powerful and sexy and well loved of lobbies really has as its aim not the protection of “property” but the rejection of a tradition. Their aim is not simply to protect what is theirs. Their aim is to assure that all there is is what is theirs.

It is not hard to understand why the warriors take this view. It is not hard to see why it would benefit them if the competition of the public domain tied to the Internet could somehow be quashed. Just as RCA feared the competition of FM, they fear the competition of a public domain connected to a public that now has the means to create with it and to share its own creation.

Comments

Popular posts from this blog

The Setswana Grammar Manual

One of my few successes during my service here was formatting the Peace Corps South Africa grammar manual for Setswana, written mostly by Art Chambers, an SA16 volunteer.  For anyone wanting to learn Setswana, I reckon it's a pretty good primer, so I present it for free here .  If you think it sucks and you want to make changes, or you'd like to take a look at the raw TeX file, you can find it here .

On Refusing to Vote for Bloomberg

Billionaire Mike Bloomberg is attempting to buy the Democratic nomination. With something like $400 million in personal spending so far, that much is clear — and it appears to be working at least somewhat well, as he is nearing second place in national polls. I would guess that he will quickly into diminishing returns, but on the other hand spending on this level is totally unprecedented. At this burn rate he could easily spend more than the entire 2016 presidential election cost both parties before the primary is over. I published a piece today outlining why I would not vote for Bloomberg against Trump (I would vote for Sanders, Warren, Buttigieg, Klobuchar, or Biden), even though I live in a swing state. This got a lot of "vote blue no matter who" people riled up . They scolded me and demanded that I pre-commit to voting for Bloomberg should he win the nomination. The argument as I understand it is to try to make it as likely as possible that whatever Democrat wins t...

Russiagate and the Left, Round II

Corey Robin has responded to my article arguing that the left should take the Trump-Russia story more seriously . I do appreciate that he considers me an ally, and I feel the same towards him. However I am not convinced. The points I want to make are somewhat disconnected, so I will just take them one at a time. What should be done? Robin complains that I don't give much attention to the question of how we should respond to Russian electoral espionage. As an initial matter, the question of whether a problem is an important one is logically distinct from what the response should be. There is a sizable vein of skepticism about Russiagate on the left, and the argument of the post was that skepticism was misplaced. Solutions can be worked out later. This point is rather similar to the centrist argument that you can't talk about Medicare for All unless you've got a fully costed-out bill detailing all the necessary taxes and regulation. However, I have advanced some pol...