NNSquad - Network Neutrality Squad

NNSquad Home Page

NNSquad Mailing List Information

 


[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

[ NNSquad ] Controversy rages on re ACTA ("Use a camcorder, go to jail!")


Controversy rages on re ACTA ("Use a camcorder, go to jail!")

It's worth reading this discussion of the continuing (largely behind
closed doors) efforts of the entertainment industry to elevate their
product to the level of "Master of the Internet" globally, complete
with Internet cut off mandates and criminal provisions for activities
such as holding up your Flip or cell phone in a movie theater.

http://bit.ly/1UWIGn  (Michael Geist)

As I've said many times, I'm basically sympathetic to the plight of
the recording and film industries.  I've spent my whole life here in
L.A. in the geographic heart of both sectors, have had many friends
working in both, and have enjoyed numerous direct contacts of my own
over the years with both recording labels and film studios.

However, what's going on with this facet of the ACTA is the classical
closing the barn door after the horse has left the planet.  The rise
of digital recording and communications technologies have eviscerated
the concept of "copyright control through scarcity" -- and you don't
have to like this state of affairs to admit that it's true.  

The extents to which the entertainment industry has seemed willing
to go in efforts to "undo" history -- not just via the ACTA but in the
past via proposals such as A/D converter restrictions, and currently
with calls to allow shutting off video outputs on set top boxes,
frankly are indicators of desperation and an unwillingness to accept
technical realities.

In fact, the industry has reacted in much the same way with every
technological change -- starting back with sheet music, the
gramophone, VCRs, and so on.  The march of technological progress is
inevitable, short of global thermonuclear war.  

The old business models in the music and film industries cannot survive
forever (though the latter still seems able to pay the big bucks to
stars for "yet another remake" on an ongoing basis).  I won't even
touch the question of quality in new music releases.

One other point for now.  Draconian criminal "camcorder in theater" 
provisions suggest to the public that pirating of films is based
on some guy with a camcorder leaning on his leg who then rushes off
to monetize the result.

In fact -- and this should be obvious since most commercially pirated
films these days are of relatively high copy quality and often hit the
Internet *before* the films' release -- most commercial film piracy is
based on copies that are purloined from *within* the film production
ecosystem, *not* from copies made after release by camcorders in
theaters.

And of course, all it takes is *one* copy of a song or film that
"escapes" for it to be rapidly available illicitly around the world.

That's just the reality.  Attempting to remake the Internet and
associated laws in a desperate attempt to hold back the clock is about
as likely to succeed as holding a bunch of sand in your clenched fist
for very long.

You end up with a lot of sand on your feet.  Or figuratively speaking,
with mud on your face.

--Lauren--
NNSquad Moderator