November 21, 2004

  • Read this:  http://www.wired.com/news/politics/0,1283,65704,00.html?tw=wn_tophead_2

    And read this too while you’re at it:

    http://www.usatoday.com/tech/news/2004-11-11-marvel-sues-over-avatars_x.htm

    Now you tell me again as so many people do that the entertainment
    industry is a dying doomed beast resorting desperately to evil tactics
    because they are unwilling to evolve to face the inevitable future of
    online media. I’ve heard this argument a million times and I’ve got to
    say quite frankly it’s garbage. Not only is it a bad argument, it is a
    dangerous argument. It is the argument of those who are already
    claiming victory long before the battle is over.  It is the
    argument of those unwilling to accept the truth that is in front of
    their face. People who think they can wish away the law suits. They
    think if they just sit around and do nothing for long enough things
    will magically become better because technology conquers all.

    Ha. Yeah right. There is a battle raging where our perceptions of
    morality and creativity are at stake. And you know what? It doesn’t
    look like the battle is going so well for those who believe in freedom
    of creativity. It doesn’t look like it is going so well for people who
    believe that the right to share, even to  masses of strangers, is
    as valuable a moral principle worth defending as the right to earn a
    living. Or more.

    I do agree with part of the argument. These media industries are using
    evil tactics. They are blatantly acting in a manner that should be
    condemned by all but for some reason we are treating them as if they
    are the victims and that they are only doing what they should to defend
    themsevles. We are treating them this way because this is what they
    actually believe. It is what they have to believe in order to justify
    their acts.  Yes it makes no sense but your average person really
    does buy the idea that a person who downloads a file is no better than
    a petty thief and that if you are stolen from you have the right to do
    whatever you want to the thief no matter the circumstances even to the
    point of destroying their livelihoods, crushing their reputation and
    self-esteem, and even throwing them in prison.

    I also agree media industries are not evolving as they could to adopt
    to the changing the technology. I agree that they aren’t doing this
    enough, but I don’t agree that they won’t ever or refuse to change.
    That is underestimating them a great deal. Media industries are quite
    willing to adopt the new technologies. Provided they do so on their own
    terms. That is once ever other upstart company or distribution model
    that threatens to attack their complete and total control over the
    distribution of media content to the world is crushed under their boot
    then they won’t have a problem with evolving.  In fact they are
    evolving a bit now. They are adopting new technologies even as the
    fight to crush others who use the same. It is their fundamental belief
    that they have the right to control media from now until forever and no
    one can take it away.

    That is what this is about. What it has always been about. Power.
    Everyone wants power in the new internet culture. Its just that some
    companies have the money and power to ensure that they get that power,
    no matter how late in the game they are entering the arena. And their
    winning!

    I really wish that we could just say to the entertainment industry soemthing like this:
        “OK entertainment industry. Take a deep breathe. Now
    take another. Slowly. Now look around you. Are your businesses
    collapsing? Are your artists starving? Is it the case that no one buys
    DVDs or music CDs or video games or computer software? Is it the case
    that no one watches or pays attention to commercials? Is it the case
    that no one buys extraneous merchandise related to their favorite
    stars? Is it really the case that the internet has completely replaced
    movie going experience, the concert experience, the watching of
    television? Does it even really look like it’s going to anytime soon?
    You have time! Plenty of time to embrace and extend. Plenty of time to
    become a major player in a world where distributed networks are the
    heart of content distribution. You won’t lose your business. You won’t
    go broke. At worst the economy will reach a new equilibrium with
    certain new companies having some degree of power as well and maybe
    with all the old companies not quite making as much relative profit as
    they otherwise would have. But even that is unlikely . Your comapnies
    are entering into a race where although you are entering late your
    starting off much closer to the finish line than all your opponents.
    You don’t have to panick. You don’t have to employ dirty tactics to
    ensure you win. You don’t really need to petition the government to get
    strict legislation that benefits you and hurts everyone else. You don’t
    need to sue people left and right and engage in a smear campaign to
    make your opponents look bad. If you don’t need to do these things in
    order t o win? Why do them? Just calm down . Don’t act hastily. Just
    let things happen. I guarantee you the future that will arise won’t be
    nearly as bad as you fear it will be.”

    I wish we could say that and they’d listen. But they won’t. They might
    if they were just afraid or confused about the new technology and its
    impact on them. But they aren’t. They know the risk to their empire is
    minimal at best. They know this is nothing about survival or
    righteousness despite their rhetoric. This is all about control. This
    is all about power. Copyright is their clear means to power and they’ll
    milk it to no ends.

    We live in a dangerous times. While we are worried about republican
    justices, gay marriages, spreading democracy, and wars against
    “terror”, we are getting our fundamental rights to share, create, and
    experience snatched out from under us.

    This is the most important battle. How this turns out will have a huge
    impact on how humanity develops two hundred years in the future. Don’t
    dismiss it. Don’t get distracted and look away. And for god’s sake
    don’t pretend we’ve already won when their’s so much more left to do.

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