Tuesday, May 03, 2005
 
An impotent media
So, I was reading today about the RIAA's latest volley in the war between people and property. They have introduced a Boy Scout badge for "Intellectual Property". A scout can earn this badge by sitting through one of their indoctrination videos.

I tried to imagine what the badge must look like. I figure it should be a phonograph. Linked directly to recorded music, and at the same time, linked to an antiquated, barely used, out of date format. Yes, that should do nicely.

Quick on the heels of that, though I realized just how impotent media has become recently. The issue of internet music sharing is a perfect opportunity with which to test the media. You know how people argue about the enormous swaying power of the media, how it can mold people's minds; Wag the Dog stuff. They say that the media can make or break a political candidate by affecting the unwashed masses.

Now here is a situation where the media truly feels (mistakenly) that they are under attack. They seem to fight this battle with every tool and weapon in their arsenal. They have used psychological warfare to get us to refer to file swappers as "Pirates". They have expose's, press releases, and short commercials dedicated to convincing us that file swapping just isn't "hip" (don't copy that floppy!). They have studies that show how file swapping is costing them billions of dollars (while all independant studies show that the studios are making more money than ever). They have created their own paramilitary enforcement wing, to raid duplication labs, and storm citizens houses. They have sued thousands of citizens, and settled almost all out of court (not one successful lawsuit yet). And today, they announced a badge that coerces Scouts to agree with their position.

But let's look at the results. After all, we're trying to test what the incredible might of the media can do to a single issue. The companies representing the RIAA/MPAA are no less important names than BMG, Apple, Virgin, Columbia, Time/Warner Brothers, Buena Vista, Sony, MGM, Paramount, 20th Century Fox, and United Artists. These are the guys who control 90% of all TV and Radio in America. They make and break candidates based on their endorsements. So, surely one small issue like "We want this to be illegal, and we want to arrest everyone who does it" should be a relatively easy thing. A "slam dunk" to use the Bush administration terms.

But here's the thing: there has been more music, movie, TV, and video game piracy every year since they started this campaign. The lawsuits slowed down file swapping temporarily, but when people did the math, and found out that they were more likely to win the lottery than get sued by the RIAA, those people started coming back to "the scene". As the lawsuits made online music swappers more afraid of the RIAA, they learned more about privacy, and they found alternate paths. When one BitTorrent site was taken down, the others saw a sudden explosion in patronage. People move their allegience from one file-swapping format to another (Kazaa today, BitTorrent tomorrow, IRC the next day), which seriously messes with all attempts to track them. Because the population shifts, the RIAA points to a format with decreasing patronage and says, "There, see! The people are running scared now!"

But remember: these are the people who make or break public policy. Remember the incredible power? Remember the earth-shattering potency of their work? It's been almost a decade now, and they haven't managed to even cut down on this "piracy".

From the very beginning of this war, people have been asked why they do this. The answers have been universally the same:
1) Media costs too much.
2) Media isn't portable enough.
3) Artists don't get the money anyway.

The RIAA/MPAA chose to counter those complaints with lawsuits, slander, name-calling, and privacy attacks. They tried to raise prices (to pay for all the piracy, don't you know). They made the media less portable (just try to make a backup of an Apple ITunes song on a new computer), and they forced the artists to speak out against file-swapping, even over the artist's objections.

Now people hate them, artists hate them, they are losing the battle worse every day, and each thrust they make in this battle ends up as a punchline on Slashdot.

These were the titans! They had all the power! How is it possible that they did not utterly humble the file-swappers?

Simple. People online, in general, know what they're doing. When a person is introduced to the internet, the first thing that hits them is how incredibly free everything is. News, Weather, Sports, Opinion, there are sites out there for every possible interest, catering to every possible fetish, without worry about governmental strictures.

Once they are acclimatized to that environment, they suddenly see stories about how a company is tracking people online, how they are raiding houses, ransacking privacy, and attacking their own customers. When faced with the ultimate freedom of the internet, these attacks seem like an affront on their own personal privacy. Every single person feels insulted, violated, and angry.

One of the most common arguments for the use of nuclear weapons in Hiroshima and Nagasaki was that the Japanese would never surrender. Conservatives shake their heads and say, "If we hadn't dropped the bombs, every single citizen would have fought to the death to bring down America. We did it for peace, to save both sides."

This is the same situation. Every single person who logs on to the internet will feel like they are being spied on and attacked by these huge, American conglomerates. And they will fight, to a man, against these attacks.

Following that logic, the only sensible thing that the RIAA/MPAA can do is to Nuke the Internet. Take it out, switch it off, for our own good. You know, like China does with it's Internet.

When the smoke clears, they will be able to count on the goodwill of the returning customers, much like the goodwill that America enjoys from the descendants of Hiroshima and Nagasaki.

Comments:
thats very well put.
file-sharing and intellectual property rights are always going to be touchy, as the industry is not directly benefiting from them.
and indeed, the media does kinda make it a crime, even when its well in the grey area.
one point is that if you do take the "legal route", you find they've made that so bloody troublesome; and to some extent expensive; that you wonder why anyone would want to go down that path in the first place.
i tried.
not worth it.
 
The thing is that these are distribution companies first and foremost. What is getting them all riled up is not that they are losing money off of it, but that they aren't MAKING money off it. The internet is the one and only distribution channel that the big record companies don't/can't control. And it pisses them off to no end. It's like a corporate itch that they can't get at. And that's why places like Sam Goody and Best Buy don't have local band sections. They get their product from the distribution companies.

In the next ten years or so, I predict the emergence of an Image model in the music industry. A while ago, a bunch of comic creators got miffed at the big two over ownership of some concepts and got together to form their own company. They self-financed and basically ran their own distribution work. For a while it was a tremendous success because of the names involved.

You'll see that in the next ten years. A dozen big name performers who can afford to self-finance and have the name recognition to force the big retail chains to sell their product. That's where I think the future of the music industry is at.
 
Speaking of that, did you guys see this story?

Apparently, Linkin Park is trying to break their contract with Warner Bros. and start publishing on the internet. I'd love to think that this is a sample of things to come, but it sounds like they might just be getting pushy with WB.

After all, they're asking for a 50/50 split on profits! Can you imagine artists getting 50% of the profit made by selling their own work!! Inconceivable!
 
Welll......

There's a LOT of disagreement about whether the Japanese really were prepared to fight to the last, in the closing days of WW2.

And the citizens of Hiroshima and Nagasaki are quite famously NOT bitter or angry towards the USA; they like to put WW2 as far behind them as possible, while erecting monuments that say, "See, this is why war is bad for everyone."

But you didn't want your point bogged down in your metaphor. :)

I agree that, short-term, the internet is at risk for strict governmental control. However, if you take the long view, we're just experiencing the first contractions of the birth of an intirely new human existance. All versions of the old media are dinosaurs, kicking reflexively as their corpses cool and the scavengers gather.

The current RIAA file-sharing stuff is, one way or the other, a petty harbinger of the new world order. :)
 
That's a good point about the descendants. It's not fair for me to put words in their mouths, no matter how well they fit my metaphor. Perhaps I was just thinking of the gratitude Americans deserve for their efforts, rather than the reaction we have received.

The only thing that worries me about the "old media . . . kicking reflexively" is that there have been substantial steps taken to remove personal freedoms and liberties.

I'm just afraid that these death throes could derail the idea of privacy and "fair use" in a way that will last far longer than the content providers themselves.
 
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