Stephen Dedman ([info]stephen_dedman) wrote,
  • Mood: thoughtful

On SOPA, piracy, copyright, etc.

I've been wasting too much time arguing about these issues today, so I thought that rather than blacking out my dreamwidth and livejournal (i.e. making it look much the same as every day I don't blog, which is most of them), I'd state my position here.

Writers, artists, actors, etc., have living expenses, and if they can't meet these through their art, they have to take other jobs, which mean they write/act/produce less, which leaves all of us poorer. Some entertainments are horrendously expensive to produce - opera, ballet, certain types of movie, etc. - and have to be paid for somehow. If we take this money away, then fewer of these will be available for us to enjoy.

Some of these can now be completely rendered into digital form and enjoyed on your monitor, TV, tablet, phone, etc., and downloaded at no cost other than what you're paying for bandwidth. If you do this rather than pay for a copy, you may be depriving the author/artist/producer of money they need, and are entitled to receive, and this is wrong.

This is NOT a defence of SOPA, nor of extending copyright for decades beyond the author/artist/etc.'s death, nor of amazon.com's right to limit the number of times you can read an ebook (not closely related issues, but they do seem to have crept into many of the online arguments about SOPA). It's a call for a cooler, more pragmatic approach to the issue.

Firstly, all of my books and many of my stories required research, often from the internet and/or books borrowed from libraries. In many cases, buying the books I needed would have cost more than I was likely to make from the sale of the story. We need more libraries, and better libraries, and the internet has the capacity to meet those demands, and we need a way for it to reward the authors who make their works available through libraries, through something akin to the Lending Right schemes currently in existence.

Secondly, I own thousands of books and hundreds of DVDs (including those of TV series and old films shown free-to-air), mostly bought new. And I go the cinema when I think the experience is worth the cost and inconvenience. The movie doesn't have to be new: I'd gladly pay to see Zulu or West Side Story or Star Wars or Forbidden Planet or Kagemusha on a large screen again, or to see The Rocky Horror Picture Show with a live audience. And there are live theatre and live concert experiences that can not be conveyed digitally, and are well worth the cost. But I do want value for money, and while I don't want to rip anyone off, I object to being ripped off. (If someone wants to reimburse me for The Phantom Menace and/or The Matrix Reloaded, I'm happy to settle for the cost of the tickets and not charge you for my time.)

Now, as many of you may know, I don't consume alcohol, though you may not know that a drunk once tried to split my skull with a cricket bat: despite this, I don't think Prohibition was a good idea, but I definitely approve of regulating the supply of alcohol and taxing it so that it compensates for any cost to society. And while I'm hoping the use of tobacco will eventually be phased out, I don't think Prohibition would work in that case, either, so regulation is probably the best compromise. Pirate sites (illegal download or copyright violation sites, if you prefer) keep count of how often a particular file is downloaded - okay, fine them accordingly, and compensate the copyright holders, and while you're at it, provide guaranteed virus-free, high-resolution, you-get-what-you-paid-for copies at a price that will make the majority of consumers less eager to go to the black market. (Maybe that way, you can dispense with those bloody irritating anti-piracy warnings on DVDs while you're at it.)

Why do the anti-piracy forces seem to be losing the PR battle this time around? Why are pirates popular? (and don't say, "They just arrrrr"). Well, Robin Hood has more fans among the 99% than John Galt and his devotees (and if you don't recognize the reference, then presumably you haven't read or seen Atlas Shrugged; if so, I envy you). It might also help to remember one reason why so many press-ganged sailors became pirates: pirate captains treated their crews more fairly than their law-abiding counterparts. When conditions improved for sailors, the 'Golden Age of Piracy' soon ended. If you think that analogy somewhat forced, consider this: would you be more reluctant to get a pirate download if you thought you were robbing your favourite author of 8% of the price of a book, than you would if you thought he received 40%?

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Tags: internet, piracy, publishing, writing

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  • 4 comments

[info]lederhosen

January 19 2012, 07:52:56 UTC 4 months ago

The way RIAA/MPAA/etc treat artists is certainly part of it. I know of several musicians who encourage fans to pirate albums and donate directly to the performer if they so choose; I guess if 100 people download a copy and just one of them donates a dollar, that's as good as receiving a 1-dollar royalty on an album sale. (I'm pulling the numbers out of the air here.)

But I think the way they treat audiences also has a lot to do with why people pirate stuff. Companies that do things like release a US-only special edition of a DVD, refusing to sell the same content in Australia (and using DVD zoning to make it harder even if we order from overseas) - seriously, are there any industries outside IP where preventing people from buying your product is seen as a winning strategy?

Intellectually, I can accept some sort of libertarian-IP argument that consenting adults are free to enter into whatever contracts they choose, and that if a company owns the rights to a movie then they are free to set whatever conditions they like on its sale. But when those conditions are based not even in self-interest but in bloody-minded stupidity, it's really hard to respect them, and I start to mutter things like "well apparently you don't actually WANT my money anyway".

RIAA/MPAA try to paint piracy as a matter of greed, and certainly for some people it is. But I think a lot of what they're competing with is the convenience offered by piracy - something they could actually beat if they were willing to join the 21st century.

(Then there's the issue of software companies trying to explain to gamers why it costs maybe 30% more to buy a game in Australia than to buy the exact same game in the USA. Bonus points if you're selling the game via download.)

[info]stephen_dedman

January 19 2012, 08:37:50 UTC 4 months ago

The last straw for me was when I borrowed a Region 1 copy of The Seven Samurai from the UWA library and couldn't play it on my non-multi-region DVD player (a gift - I made sure to buy multi-region players after that). I could understand region-coding a DVD for a Hollywood new release, but for a film made in Japan in 1954?

The only industries outside IP that I know of that prevent people from buying their products are the designer labels of luxury items, where exclusivity is the selling point. I agree they have the right to do this, but I don't think it's the best business model for writers.

[info]sue_bursztynski

January 19 2012, 09:14:58 UTC 4 months ago

If I can buy something I don't get a pirate edition. A couple of times, I've been given a bootleg copy of something because you couldn't buy it, then bought it as soon as it was available.

But pirating stuff that is easily available is another matter. I'd like to know why I've seen PDF downloads of one of my books on-line on web sites I've never heard of, when my publishers haven't told me that such a thing existed and I certainly haven't had any royalties from them. I have asked them to check out things that looked suss to me, but it's just too much. I put a lot of work into researching and writing said book and I'm sorry, but I want to be paid if something is sold and at the very least be asked before it's made available by these web sites.

But as far as i know, the issue was who is held responsible if pirating does happen, and I can see how it would be thoroughly messy.

[info]stephen_dedman

January 19 2012, 09:52:07 UTC 4 months ago

It is messy, particularly if the websites are hosted in countries where these things are policed poorly if at all. I'm not denying that there's a problem. I just feel that it's more likely to be a problem where legitimate copies aren't readily available, and that SOPA has an undesirably high baby-to-bathwater ratio.
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