How do we solve the problem of media piracy?
So apparently some author comes up with a figure that online unauthorized distribution is costing the book publishing business $3 billion a year. (Once again repeating the totally bogus argument that each download is a lost sale but that’s for another post.) One has to question the independence of the study when the writer works for a company presenting a “solution” to the problem they identify, but let’s leave it for the moment.
This is only the tip of the iceberg. There’s another industry that costs the book publishing business $100 billion a year in lost sales: libraries. Using the same methodology as the study in the cited publisher’s weekly article above, this blogger calculates that libraries have cost publishers $1 Trillion dollars in the last decade.
So, if we’re going to solve the book “piracy” problem in a way that really helps publishers, we’ll have to close all the libraries. After all they’re costing publishers more than 30x more than any unauthorized distribution does: even if you calculate that unauthorized distribution with totally bogus methodologies.
In fact, photocopying also costs the print publishing industry billions of dollars a year, so we should regulate their use. In fact, if the RIAA/MPAA want a “three strikes” rule, then it should be applied to everything.
A three-strikes rule (as introduced in France) would mean that if an unsubstantiated assertion from a record-company-appointed “watchdog” is made against an IP address, the account would be cancelled and the user taken off the Internet. (Note: this is without judicial process; without any proof that the account holder did the download; with a system that has accused dead people of “piracy” or any other legal process we normally hold as being important before issuing punishment. At least there has to be a trial!)
So, if this is a good idea for music or movies (like they’re some “special” category) then it obviously should be carried through to protect print publishers as well. According to “Freedom to Tinker” it would work like this:
The government sets up a registry of accused infringers. Anybody can send a complaint to the registry, asserting that someone is infringing their copyright in the print medium. If the government registry receives three complaints about a person, that person is banned for a year from using print.
As in the Internet case, the ban applies to both reading and writing, and to all uses of print, including informal ones. In short, a banned person may not write or read anything for a year.
A few naysayers may argue that print bans might be hard to enforce, and that banning communication based on mere accusations of wrongdoing raises some minor issues of due process and free speech. But if those issues don’t trouble us in the Internet setting, why should they trouble us here?
Yes, if banned from using print, some students will be unable to do their school work, some adults will face minor inconvenience in their daily lives, and a few troublemakers will not be allowed to participate in — or even listen to — political debate. Maybe they’ll think more carefully the next time, before allowing themselves to be accused of copyright infringement.
In short, a three-strikes system is just as good an idea for print as it is for the Internet. Which country will be the first to adopt it?
After all, if it’s fair to have people cut off the Internet (and their life) based on three unsupported, unproven assertions from anyone, it should apply to everything. Right? It should apply to the children of Record Company executives (who apparently only got a “talking to” from their father -wish I could find a link to that story).
This is, of course, after the RIAA and MPAA have totally failed to establish that they have had any loss from piracy. (The biggest grossing movies were mostly pirated before release from within the studio.) Study after study (sorry Adage login required) after study shows that those who download music are the biggest buyers of music, but facts have never gotten in the way of idiot assertions from these organizations.
So, either we apply “three strikes” under some reasonable regime that would require the record company or movie studio to actually do what the law requires and identify the person at the account and prove that they uploaded a file as “making available” is not established legal precedent in any jurisdiction; or we’ll allow a regime where anyone can be accused of “piracy” by any other person without proof or the need to follow established law.
Which are you going to support?