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April 16th, 2010, 14:15 GMT · By

A Police State Is the Answer to Piracy, Big Media Believes

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Corporate interest trumps human rights in the fight against piracy
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Big businesses using every means they can to ensure their revenue and profitability haven’t been news for at least several decades and probably a lot more. There’s always been a group, or more, trying to bend the laws, or make new ones, to get what they want. The most recent example is the big media companies that have been caught by surprise by a completely unexpected turn of events, market conditions and peoples’ expectations changing. The Internet has shown everyone that they can get content when they want it, as fast as they want it and for as much money as they’re willing to spend, even if that’s absolutely nothing.

Smart companies and businesses adapt, change is inevitable, right? That’s not what the movie studios or the major record labels think; not only can you fight change, that’s the only reasonable thing to do. Failing to realize the potential of the web, perhaps because it would mean someone in the content industry would have to actually ‘innovate,’ or at least try do something different - basically ‘work’ - for the first time in decades, these companies pursue their interests and nothing else. Basic human rights be dammed.

The latest example, not that there’s need for proof at this point, is the set of proposals the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA) and other groups have filed with the US government as part of a request for public comment and debate about the ‘piracy’ problem.

The proposals make for a very interesting read and they would certainly solve all of the (perceived) problems with copyright infringement and file-sharing. They’d trash even the most basic rights a democracy should grant individuals, but hey, movie execs need their third holiday home.

‘Anti-virus’ software for copyrighted content

One of the proposed solutions: ‘anti-infringement’ software that people would ‘voluntarily’ install on their homes. The media industry sees it as anti-virus software for copyrighted files. They’d monitor your computer and warn or maybe even delete, if the analogy would go all the way, infringing files.

Who in their right minds would install something that cripples the functionality of their own computers? Even taking into account parents concerned about their kids downloading the latest Hollywood flick, why would anyone, knowingly, install software that actively spies on their behavior?

And that’s not even taking into account the practicality of the move. People use more than one platform, would a Linux version of the tool be made available? How about the fact that any software tool can be hacked, manipulated and bypassed, despite what the latest and greatest DRM scheme might have you believe.

China is a great inspiration for pro-copyright groups, as always

It’s interesting that, while some might criticize China for the way it treats its citizens and Internet freedom, more and more people on that one side of the copyright discussion are citing it as a great example and borrowing from its great successes. The great Chinese government had a very similar idea as the media industry, a couple of years ago, have people install a piece of software that would monitor their activity and ‘protect’ them and their children from the threat of adult material and other harmful stuff.

Dubbed Green Dam, the software turned out to be a major fiasco, not only because it was a complete rip-off of an existing parental-control application (copyright infringement is not that big of a deal in China). It worked only on Windows and it exposed computers to some pretty nasty security threats. In the end China ditched the plans altogether, realizing that they were unfeasible. Yet big media believes it can succeed where the mighty Peoples’ Republic has failed.

Wide-range filtering, throttling and other pro-active measures

But infringing content shouldn’t make it to peoples’ computers in the first place, the MPAA and RIAA believe. What is needed is better filtering at every level, from the ISPs right down to the local networks. These groups must love Australia’s plans in the ‘field’ of Internet censorship.

Again, basic common sense, empirical knowledge and countless studies elude the media industry. No filtering solution has ever been effective, people who want to get through will. They’ll just have to work harder, but simple filtering would only deter the most undetermined of ‘pirates.’

Uncle Sam knows best

And it’s not enough that these preventive methods get implemented in the US, everyone has to follow suit. Because, what’s good for the US, or at least for the US media companies, is good for the world. And if countries fail to realize the great benefits of trampling on their citizens’ rights, they could use a little convincing, some tough love from the US government, perhaps. Maybe threaten with trade sanctions if they don’t comply? Uncle Sam knows what’s best for the world, after all.

Homeland Security should check into the piracy threat

And speaking of Uncle Sam, the US taxpayers’ money should be put to good use working against their interest, or at least that’s what the pro-copyright groups believe. Another proposition would have government agencies, including Homeland Security, working to fight the plague of copyright infringement. Last we checked, copyright infringement was still a civil matter in the US, apart from some very clear exceptions.

There are plenty of other propositions, a veritable Christmas wish list for big media, the usual things like cutting off peoples’ Internet connections, more thorough international border searches, site blocking and censoring and so on. You can check out the full document over here (in Google Document Viewer). The Electronic Frontier Foundation goes over some of the more ‘interesting’ proposals and the Torrentfreak blog does a good job at covering it, as always.

Now, just because the content industry is reaching for the moon it doesn’t mean that it will actually get anything that it’s asking for. But trusting politicians and government officials to put the public interest ahead of the media industry’s has proven to be naive at best, time (UK) and time (Italy) and time again (France).

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READER COMMENTS:


Comment #1 by: Eric on 16 Apr 2010, 21:48 UTC reply to this comment

I agree that media companies are pushing for government restrictions that, by and large, would undermine basic freedoms. I agree with all your points, and will certainly fight to protect the state of freedom we enjoy on the Internet.

That said, I disagree with the idea that media companies are just lazy and don't want to work to innovate. How, exactly, are they suppose to compete with pirates that offer content for free? It isn't just a failure to innovate...that's a very, very tough question to answer! So long as they are in the business of monetizing content that can be digitized, they will fail to compete against pirates that offer up that same content for free.

Are there ways to make money in the world of pirates? Yes, absolutely, plenty of people are doing just that. There's just less to go around with CD sales waning. These media companies are doing what is natural, they are trying to hold on to their piece of the pie, even if it means pushing for unethical reform. Can you really fault them for trying to survive? Sure, but I don't think anyone should be surprised by their actions.

I agree completely that these companies are being unethical, and that they should embrace change and innovate. I am merely trying to point out that change isn't always easy, and there's not really a viable large-scale business model for them.

Comment #1.1 by: Lucian Parfeni on 19 Apr 2010, 14:46 GMT

You're completely right. It's hard to fight the pirates at their own game. And it's hard to come up with a viable business solution which would make people pay for content when they have a free alternative. But that's the whole point. Digital content is so cheap it's basically free to store and distribute. And it can be multiplied indefinitely. Charging for something based on an arbitrary notion of value won't work. Most people now 'feel' that the value of the actual content is close to zero so they are not going to pay for it.
Unless, that is, if you make it easier to get that content, even by paying for it, than it is to get it from a BitTorrent site for example. People will pay for convenience. However, when you make people jump through loops for the privilege of having to pay for something (see the number of DRM schemes that still pop up) and your business plan is to make it harder for them to get it from somewhere else rather than making it easier to get it from you, you have a problem. But even that may not be enough.
There are no silver bullets, no magical solution. Music streaming services haven't proven a viable alternative for the record labels and there aren't that many other solutions for making money from selling music. However, plenty of musicians make a living not by selling music, but from everything else that's related, concerts, promotional material ('de luxe' editions and so on). The actual content, the 'music,' can be offered for free and still make money from it. But for the record labels, that's not really an option.
It's different for the movie studios or other media companies, but the basic idea is the same. Find a way to make money not from the content itself, but from anything you can offer on top of that, anything that has actual scarcity.


Comment #2 by: Turdboy on 19 Apr 2010, 20:05 UTC reply to this comment

You can protect yourself. Check out FreeNet (or Tor). FreeNet (freenetproject.org) is the ultimate in security, but Tor (www.torproject.org) is much easier to setup.

If you want to encrypt your drive in case the pigs come knocking on your door, there's Truecrypt (www.truecrypt.org).


Comment #3 by: Fitz, SC on 01 Nov 2010, 03:30 UTC reply to this comment

This is an interesting and I firmly believe a Must read column for people who think. I firmly believe the Government and Corporations are gaining ground while the cosumer is losing as more information is collected, collated, massaged and reports are generated. A some time if not already the various data files will interlock and no one is safe. This article simply points out why/how the corporation and Government can/do sell it as another way of Protecting us.. It always scares me when I hear the government say We're here to help, I know I'm the loser.


Comment #4 by: commentator on 14 Aug 2011, 22:45 UTC reply to this comment

So sorry they can't innovate and actually have to work, sure having your work stolen sucks, but if the public will purchase your music in a different fashion, then make it available in a different fashion like...oh I don't know...Nine Inch Nails


Comment #5 by: Warez on 31 Aug 2011, 07:21 UTC reply to this comment

No offence but corporations make enough money as is; the less they make the better; they are the greatest evil. They milk the consumer, easily fire hundreds/thousands of employees. When there are additional expenses, they pass them on to the already milked consumer. They are an affront to the middle class making it harder for us to get a peace of the pie; for keeping their pie is all they care about.

It comes down to, "there is no need to fight piracy, you make enough money as is". Concerned artists can perform more live shows before releasing content on CD. People will always go to theators and buy movies so quit whining MPAA, RIAA; you money sucking greedy scum bags. People are more bored/depressed with the world; let them have their entertainment whether that be porn or movies. The people Will piracy; they want that content for free. If you were making no profit then it would be amoral 100%. But are you still making tons of money so I have zero pity for you. Your efforts have annoyed me at most; as a result I will buy less movies from you. You cannot destroy the Will of the people.

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