digital

What You Steal

February 2, 2010 By Mark 38 Comments

The Premise
A month ago I engaged in an interesting conversation with Luke Bergeron on his [now defunct] blog, about copyright law. My interest was prompted in large part by Luke’s incisive generational examination of the question of piracy.

Here’s how Luke initially framed the issue:

The real issue goes beyond digital piracy to copyright itself. Now, I don’t believe that digital file sharing, even of copyrighted materials, is theft. That’s probably a generational thing, but we’re gonna do our best to suss out as much meaning as possible. Keep in mind, this entry is a fluid conversation, so comment if you wanna participate.

So, theft seems to me like it is inherently defined by the taking of something from someone else, depriving them of it. Theft is a physical concept, based on a starvation economy, that there is a finite amount of resources to go around, and possessing resources means someone else will not possess them.

Last week I read a post on The Millions called Confessions of a Book Pirate. On the subject of piracy the confessor had this to say:

In truth, I think it is clear that morally, the act of pirating a product is, in fact, the moral equivalent of stealing… although that nagging question of what the person who has been stolen from is missing still lingers.

Two days ago I read a post from Marian Schembari on Digital Book World, called
A Gen Y Reaction to Macmillan’s Piracy Plan. In her comprehensive rant, Marian had this to say about piracy:

I’m not condoning piracy (sort of), but if major publishers are only going to look at the “legal” side of things and spend precious time and money fighting the inevitable, they are going to crash and burn.

I’m poor, I understand technology, and I guarantee I can find any book online, for free, in 10 minutes or less. You can delete and sue all you want, but at the end of the day the internet is a wide and limitless place, meaning it’s a waste of time, money and energy to fight it.

In response to Marian’s post, Debbie Stier of HarperStudio/HarperCollins wrote a post on her company blog, congratulating Marian for stating her overall case regarding Macmillan, and for giving insight into the Gen Y perspective.

Here’s the bottom line for me — whether you agree or not with Marian Schembari’s views on piracy, she has given us a glimpse into the psyche of a Gen Y reader. I appreciate her honesty. I believe this is a gift. I think we should listen.

I agree with Debbie. We should listen. But then we should reply. [ Read more ]

The DRM Distraction: Part I

December 17, 2009 By Mark 3 Comments

Reality Refresh
Having looked closely at the publishing industry for the past few months, and having worked in both the software industry and the film industry at various times over the past two decades, I’ve come to a few conclusions about digital rights management (DRM). The most important is that there is no clear-cut solution to the question of piracy, and anybody who tells you they’ve got it all figured out is working their own angle. And that includes Cory Doctorow and me.

Like the subject of abortion in the political arena, DRM is injected into every conversation about content ownership and distribution whether it’s directly relevant or not. If you don’t say the right things to the right people about DRM you risk associations and opportunities that might be of value, not because you’re wrong on the merits, but because you’re giving aid and comfort to the enemy by implying that they are not pure evil. At the same time, those people who don’t buy into a black-and-white view of DRM will think you an idiot for not using the impassioned nuts on both sides to your own advantage.

The correct answer to questions about DRM in the current context is not to be suckered into a debate about technological solutions or the prosecution of college students, but to educate and evangelize about the problems that drive the implementation of DRM technology in the first place. Although most end users who pirate content do so as individuals, the collective effect of these individual decisions hurts copyright holders and content creators in very real ways. Yes, some piracy may be sticking it to The Man, but it’s also killing artists that people apparently want to read, listen to and watch. [ Read more ]

The Last Nail

November 11, 2009 By Mark 3 Comments

You know all there is to know about the disintegration of music publishing, in part because you’ve lived it, and in part because you’ve done your homework. You know the newspaper-publishing business is getting killed because you can hear Rupert Murdoch squealing. You know the movie business is hurting. And of course you know the book-publishing industry is coming apart at the spine.

But even as all this is happening in concert, and even as the internet looms large in every instance, there are still people explaining how what’s happening in one industry has nothing to do with what’s happening in another industry. Or how it’s the recession that’s causing these problems. (It’s not.)

To this litany of carnage now add the computer gaming industry. On Monday Electronic Arts (EA), one of the the largest developers and publishers of interactive titles, announced that it was cutting 1,500 jobs. If that was the end of the story we could chalk up the layoffs to the recession, but that’s not the end of the story. [ Read more ]