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Say That Again

Say That Again

by Mike Masnick


Filed Under:
blame, daniel schorr, ft. hood, internet, nidal hasan, shooting



NPR's Daniel Schorr Blames The Internet For Ft. Hood Shootings

from the maybe-time-to-hang-up-the-microphone dept

I recognize that NPR news analyst Daniel Schorr is well into his tenth decade of life, and plays the role of the "senior statesman of journalism" on NPR at times, but as a bunch of folks have sent in, he seems to have totally lost it with his recent piece suggesting the internet should share some of the blame for the Ft. Hood shootings done by Maj. Nidal Hasan. The reason? Hasan apparently communicated via email with an "extremist cleric" whom he had met years ago (in person) at a mosque in Northern Virginia. One wonders if they had corresponded by telephone, if Schorr would be questioning if AT&T was to blame. Or, if by pen and paper, if Bic was at fault. Of course, Schorr doesn't even know what was in the emails sent between the two, so his speculation is based on even less than nothing. However, even if his worst fears are true, and the cleric somehow pushed Hasan to carry out his attack, the fault remains with Hasan, and potentially the cleric. Not the internet.

31 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
copyright, intellectual property, internet, michael lynton, movies, piracy

Companies:
sony



Internet Hating Sony Pictures CEO Insists Piracy Is Killing Movie Business; But Facts Show Otherwise

from the whoops dept

Ah, remember Michael Lynton? The Sony Pictures CEO who earlier this year insisted that nothing good had come from the internet at all. When everyone started mocking him for this statement, rather than back off, he doubled down and insisted it was true, using examples that were easily debunked. Apparently, he hasn't learned his lesson. He's back at it, pushing for the UK (and others) to pass laws kicking people off the internet (so-called "three strikes" laws) while insisting that due to piracy there's less money to make movies and fewer movies being made. Of course, those are things that can be fact checked, and the folks over at TorrentFreak did exactly that, pointing out that more movies are coming out each year and more money is being made. Oops.

The way Lynton tries to get around this is by not actually talking about how many movies are coming out, but just counting the number of movies that came out of "the leading studios." I find this quite amusing, because in the podcast we discussed last week involving Paramount's Scott Martin, part of his argument was that while the big studios were fine, the independents were all suffering and fewer movies were coming out because of it -- and, as a "fan" of independent movies, he found that sad. I didn't bother to check the numbers, but it appears that Martin was simply wrong. More movies are being made, and it looks like an increasing percentage of them are coming from smaller independent shops.

The problem, again, seems to be that the folks at the movie studios (just like those at the record labels) only like to count the big hits as successes -- rather than the smaller projects that actually make money and make up the majority of the actual market. It's the same sort of thinking that makes movie studio people insist that we need to explain to them how they can keep making $200 million movies. That's the wrong question. The question is how do you make profitable movies. The technology has advanced such that it's cheaper and cheaper to make movies (which is why we have more of them). But notice that the studios never focus on ways to make movies in a more economical way, but how can they keep spending. Perhaps that's a bigger problem than "online piracy."

32 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
consumer power, internet



Is The Internet Creating An Age Of Consumer Power?

from the there's-an-app-for-that dept

I have to admit that I can't quite tell if Baltimore Sun columnist Dan Rodricks is being somewhat facetious in noting that for every "ephemeral" consumer wrong (ridiculous fees, interest rates, closing costs, lines at the motor vehicle bureau) groups of people are suddenly able to gather a constituency online and create a social movement. While some may mock the idea that a bunch of consumers might gather online to fight the good fight over lines at their local motor vehicle bureau (department, administration, whatever your local gov't calls it), it actually does seem indicative of how consumers are gaining more of a voice online -- and with that comes power. Yes, there are some ridiculous and overly broad complaints. But we're getting closer and closer to an age where companies that repeatedly screw consumers over will have a harder and harder time getting away with it. Too many businesses have been built on the belief that even if they treat consumers badly, not enough people will know (or care) to stop bringing them business. But we've already seen some signs of that changing, and that's only going to increase over time.

25 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
elton john, file sharing, internet, three strikes



Elton John Flip Flops: Kicking People Off The Internet Is Good! No, Bad! No, Good!

from the does-he-even-know-what-he's-saying? dept

Sometimes you have to wonder if certain celebrities even know what they're talking about half the time. A few years back, Elton John went on an anti-internet tirade, where he suggested shutting down the entire internet for five years for the sake of saving music. So, it was a bit of a surprise a few weeks back to see him among the list of big name rockstars coming out against kicking people off the internet for file sharing. Apparently, though, no one told Elton John that he was on that list, because now he's switched positions again and is saying that he's all for Peter Mandelson's proposal to kick people off the internet. Yes, just a couple weeks after his name was on a document against the very same proposal. Perhaps we shouldn't take much of what his opinion is this week seriously, when even he doesn't seem to know what it is.

12 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
internet, juries, promises, search



Jurors Required To Sign Promises Not To Google Details Of Case

from the modern-technology,-meet-the-courts dept

There have been plenty of stories concerning judges warning jurors not to research any additional items about a case online, but JJ points us to what is apparently a first (at least in California). A judge has ordered the jury to sign a document that they will not use the internet to research the case, and they can face perjury charges if they're caught doing so. Apparently, the reasoning is that most jurors tend to ignore the spoken warning. My guess is that many will ignore the signed promise as well -- in fact, as some behavioral research has shown, just telling them not to do it, may make them even more likely to do so. At some point, the courts are going to have to realize that you simply can't prevent people from looking up more info, and will have to come up with ways to adapt.

43 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


Filed Under:
business models, communications, internet, transaction



The Web Is More About Free Communication Than Transactions

from the pay-attention dept

Pistol points us to the news that a study out of the UK shows that the popularity of free online content and communication continues to grow, while transactional sites are losing marketshare. Now... the story is pitched a bit as "free beats paid," but I'll be the first to say that's a bit unfair. First, we're talking about marketshare here, not absolute numbers. Also, it's a bit of an apples and oranges comparison to lump content and communication into one bucket and put it up against e-commerce related sites. So I don't necessarily think this particular study is all that instructive in the whole "free" vs. "paid" debate.

However, what it does highlight is the fact that people still do view the web as a communication and conversational platform. This is a point that is important. The internet was always intended and used as a communication platform. Then, suddenly, there was a burst of latecomers in the 90's who thought it was actually a marketplace platform. And in the last few years, there are many who believe it's a broadcast platform. The neat thing is that, as a communications platform it can handle and allow those other things to take place (flexibility is great), but the core purpose of the internet has always been as a communications platform. Other stuff will happen and live on it, but pretending that it's not a communication platform, and working to limit the ability to communicate online will always backfire.

10 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
internet, journalism, relevance

Companies:
associated press



Is The AP Even Relevant Any More?

from the do-you-need-it? dept

The original purpose of the Associated Press was to pool together resources of various newspapers in order to be able to cover and share reporting on different events around the world. Otherwise, it simply wasn't practical for every local newspaper to have a Washington DC bureau or a London bureau or a Moscow bureau or whatever other location needed news reporting. And then, the idea was that by collectively teaming up, each of the local newspapers could reprint the works from others (and from the AP's own reporters) and have a complete newspaper on their own. But does that even make any sense in an internet era? The NewsFuturist blog notes that the internet has basically done away with the two key reasons that explain the AP's very existence, which probably explains why they're trying out questionable ideas designed to hold back the power of the internet, rather than embracing it. Could there be a place for a modern Associated Press? Absolutely. But its core purpose needs to be entirely different from what it's been for most of the AP's history. Each newspaper doesn't need to copy the same report from the White House briefing room. Everyone can just link to different reports (including more than just one to give multiple perspectives). The whole reason for the AP's very charter makes little sense these days, and it's time for the AP to come to terms with that, and adapt... or go away.

17 Comments | Leave a Comment..

 
Studies

Studies

by IC Expert,
Ian Bell


Filed Under:
china, internet, stats, users



Examining Fact And (Gov't Crafted) Fiction On The Number Of Chinese Web Surfers

from the it-ain't-that-many dept

Statistics lauding the growth of the Internet in China have become so commonplace as to inspire yawns, despite breathless press reports of hundreds of millions of Chinese going online and signing up for the 'net. With the Chinese Government declaring that their internet population surpassed the US last year, it would seem that the real opportunity for expansion and growth online is not in the West, but somewhere behind the Great Firewall of China. Cue the ads for Chinese Web Hosting, Chinese Industry Liaisons, and the omnipresent legions of Chinese business agents.

Many Western technology companies have heeded that call, but have found themselves cast onto the rocks of Chinese shores including companies like Microsoft, Google, Cisco, eBay, and Yahoo! The massive markets just never seem to have materialized in the Orient for these giants, or when success has loomed on the horizon the murky Chinese bureaucracy has stepped in to snatch defeat from the jaws of victory. Partnerships have vaporized overnight, and (particularly in the case of Cisco) core Intellectual Property has been outright stolen, reverse-engineered, or redistributed. Perilous waters, indeed.

So it was with this skepticism that my friend Gersham viewed the latest piece of propaganda emerging from our friends in China that we have now reached the new height of 338 million Chinese Internet users; a 13 percent increase since the end of 2008, and just about exactly one quarter of the country's population. All of this, of course, seems to have been tabulated and distributed by the slightly inaccurately-acronymed Chinese Internet Network Information Centre (CNNIC) which, by its own admission,takes orders from the Ministry of Information Industry (MII) to conduct daily business. In fact, google Chinese Internet Traffic and you'd be hard-pressed to find data that did NOT originate from the CNNIC. Hmm. Call me a cynic.

gdp-per-capita-east-asia

It is likely difficult for most (any) of us to corroborate or even conceptualize these high numbers, but it seems suspicious nonetheless, particularly from a country whose median income is around $3400 and whose Per-Capita GDP is ranked 104th, right behind Armenia. In trying to substantiate this, once can point to Alexa's site rankings which currently reveal that 3 Chinese-language web sites rank in the Top 20: Search Engine Baidu (#9), IM chat and portal QQ (#14), and portal Sina.com.cn (#18). Sounds good, right? But look closely at the rankings. Baidu, an undisputed leader in Search for China, reaches 5.73% of the internet populace, whereas Google.DE (#13) reaches roughly 3% of global internet users while servicing German, Swiss and Austrian users exclusively. Combine the populations of these three countries and they don't even add up to 100 million people.

Gersham pointed me toward the Firefox Download Stats, where, as of this writing, Germans have made 4,948,666 downloads of various Firefox versions compared to only 672,972 for China. Again, Germany has a population of 82Million vs. 1.3Billion in China. As a control, Americans have downloaded Firefox 7,959,727 times as of this writing. Do the Chinese really just prefer Internet Explorer?

In January 2009, Comscore measured the Chinese internet audience at closer to 180 Million users, still an impressive 18% of the Internet population. This site quotes murky Nielsen Online data pegging Chinese Internet Users at roughly 300 Million. Beyond these hearsay reports, empirical measurements are difficult to come by.

So, let’s throw up our hands and try to reverse-engineer the data using published stats. According to June 2009 data from Comscore, Google has captured 65% or so of US Search Traffic. This made it the #1 web site in the world, with 157 Million US Visitors in June, according to Comscore. In the Chinese Market, Baidu has captured 73% of Chinese search, with Google in the Number Two spot. Yet Baidu.com barely moves the needle by comparison, according to compete.com, alexa.com, and others, hitting roughly 600,000 unique visitors per month globally. High-side estimates of the Internet's penetration in the US peg it at 72.5% of the populace, or about 220 million. This makes the data on Google's penetration vs the addressable market reasonably accurate (71% if you do the math). Following this logic, if Baidu in fact has 73% of China's purported 338 Million users, it should be ranking as the #1 web site by far, with 246 Million unique visitors per month. In fact if any of this data were true, then Chinese sites should occupy at least 4 of the Top Ten global web sites.

Whatever your opinion of Compete's and Alexa's relative methodologies, it's impossible to reconcile anything even close to the numbers coming from the Chinese Government. If that isn't good enough for you, let's turn to profits. While serving what was allegedly the world's largest internet audience, Baidu appears to be tracking to earn about $500 Million in revenue this year. Google's revenue appears to be tracking to about $23 Billion for 2009 with its pithy 157 Million unique visitors. Any way you slice it, if China's internet userbase is as large as Beijing says it is, and if Baidu's market share of that audience is what it's widely purported to be, then both the number of uniques reported by external traffic sites and the revenues reported by the public company that owns Baidu should be exponentially greater.

These stats seem to either indicate that Chinese do not use search very often, or that there just aren't too many of them heading out into the wilds of the Internet. Either way, statistics emanating exclusively from bureaucratic sources within Beijing, particularly those which seem to fly in the face of all other external metrics, are not to be believed. The thesis of this post is not to suggest that China is NOT a massive opportunity for online properties and other technology purveyors, it is simply an attempt to point out that, like in a lot of cases in dealing with the People's Republic of China, things are not what they may seem. Pay no attention to the man behind the curtain.

Cross-posted from IanBell.com.

Ian Bell is an expert at the Insight Community. To get insight and analysis from Ian Bell and other experts on challenges your company faces, click here.

18 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
anthony healy, content, copyright, internet, new zealand



This Is Wrong: 'Without The Content Industries, The Internet Would Be Empty'

from the let's-try-that-again dept

One of the annoying things about many in the entertainment industry who want to change the laws and the technology on the internet is that they've shown up late to the party. The internet was originally created as a communications medium, rather than a content one. And, for many years, it worked just fine -- and whatever "content" that was on the web was a part of the communications effort. It's only in the last decade or so (even less for some parts) that the old entertainment industry jumped online with its broadcast media mindset. But, rather than learning to understand and respect the fact that it's a communication medium, where things like sharing content aren't just possible, but the norm and an absolute "good thing," they simply insisted that something must be broken, and that it needed to be fixed.

They looked on the internet not for what it was (and is), but what they wanted it to be. To them, it was just a slightly more interactive version of what they had always done -- and they assumed that everyone would bow down to their wishes, because, obviously, everyone just wants that mass market content.

No statement encapsulates that more than the following, spoken by one Anthony Healy, director of the Australasian Performing Right Association, discussing the various proposals for new copyright laws in New Zealand, where he somehow states with a straight face:

"Without the content industries, the internet would be empty."
Oh really? Why not try it, and let's see. The quote, by the way, was brought to us by Andrew Dubber, who properly calls Healey the "Wrongest Man on the Internet, July 2009." However, this really is how some of these guys think. They don't think that the internet really existed before they discovered it, and they think that everyone logs onto YouTube just to catch the latest TV clips. They don't realize that people use it to communicate and share and collaborate -- and that's a lot more useful than using it to get fed some mass market entertainment junk.

56 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
content, internet, ps3, tv, video

Companies:
hulu



Hulu Admits: Content Companies Boxee'd The PS3 Too

from the not-making-people-happy dept

Earlier this year, there was an uproar when Hulu and Boxee got into a back and forth "blocking" of Hulu content on Boxee (with Boxee posting workarounds for every Hulu block) at the request of Hulu's content partners, who were worried about pissing off cable companies. The whole thing was silly. Boxee wasn't doing anything illegal or wrong. It just provides a specialized video web browser. Today, already, anyone who can hook up a computer to a TV can access Hulu on their TV using a regular browser. The only difference with Boxee was that it was a better browser for the TV. It's hard to see why that should be blocked. Then, a few weeks ago, the same thing happened with the PS3 suddenly being blocked from displaying Hulu content as well. Not surprisingly, Hulu has now admitted basically the same thing: it came under pressure from content partners. Hulu is (again) reasonably apologetic and open and honest about the situation, but again it raises questions about whether or not Hulu can really survive as it serves two masters, one of whom is so backwards looking it thinks that pissing off consumers who are doing something completely legal is a good business strategy.

71 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
infrastructure, internet, larry roberts



Early Internet Pioneer Claims The Internet Is Broken... But Oh Look, He's Selling The 'Solution'

from the marketers-dream dept

If I announced tomorrow that some key technology in widespread use today was fundamentally broken, but (oh yeah) that I was selling a solution that would fix it all, don't you think most reporters would first try to track down an independent third party to find out if what I was saying was actually true? Apparently not all reporters feel that way. So take it with a grain of salt when PC Authority writes a gushing article about how one of the internet's original designers, Larry Roberts, claims the internet is fundamentally broken. Roberts has been pushing this line for a while, and it's rather important to note that this is part of the marketing campaign for his company, which is trying to sell a "solution" to the problem. Yet PC Authority focuses entirely on the idea that the internet is broken, checks with no other third party, and only mentions at the very, very end of the article that Roberts' company just happens to be trying to sell a solution. Whether or not you believe Roberts' claims, you would think that a reporter wouldn't put what seems like a blatant press release and pitch it as a news article without at least getting some third party opinions.

27 Comments | Leave a Comment..

 
Failures

Failures

by Mike Masnick


Filed Under:
bundles, cable, discounts, internet, tv

Companies:
comcast



Dear Comcast: The Idea When You Bundle Is That People Are Supposed To Get A Discount

from the just-saying... dept

When companies offer "bundles" of the various services they offer, part of the point is that if you're buying multiple packages together, you get some sort of "discount." It doesn't make much sense to go in the other direction, but apparently Comcast thinks it does. Reader Lucas points out that the company is currently offering the following "Digital Double Play" bundle, which consists of both the "Comcast High Speed Internet, with Powerboost" and the "Comcast Digital Starter Package" for the temporarily discounted bundle price of $69.99/month for six months (after which, the price jumps to $109.90/month).

Ok. But let's look up the components separately. It appears that the basic high speed internet with Powerboost is available separately as a promotion at $19.99/month for six months, after which it becomes $42.95/month.
And then there's the Comcast Digital Starter Package. That appears to be offered as a promotion for $29.99/month for six months (after which it jumps to $59.95):
So... at a first pass, it looks like you could order each package separately and pay $49.99/month for six months and $102.90... or you can buy the "bundle" and pay $69.99/month for six months and then $109.90/month afterwards. What a non-bargain! Of course, if you start to look closer, it's a little bit different. The digital TV package, even though it's described as the "Digital Starter Package" also includes the on-demand library. So if we dig deeper into Comcast's options, we find that the equivalent tier isn't actually the "Digital Starter Package" but the "Digital Preferred" package. Kind of odd that you'd sell the digital "preferred" package while claiming it's the starter package -- but that appears to be what Comcast is doing. So, with this package, the six month promotion is $44.99/month and then it jumps to $76.90/month:
So, now, the "unbundled" combined offering is actually $64.99... Still $5/month cheaper than the "bundle" -- and without the bundle at least you get the satisfaction of knowing you have the "preferred" package, rather than the "starter" package (oh yeah, and of paying $5 less than the suckers who bought the bundle.). But then, finally, after six months, your price will jump to $119.85 -- or $10 more expensive than the bundle. So perhaps there is some method to the madness, but Comcast sure doesn't make that very clear.

43 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bad laws, iawful, internet, laws, netchoice



The Worst Proposed Internet Legislation In America

from the iAwful dept

NetChoice has put together "iAwful," a site tracking the worst proposed internet legislation, ranked by the seriousness of the threat (both the amount of damage the laws can do, and the liklihood of them passing). Some of the proposed laws on the list you'll recognize, as we've discussed them here. Overall, though, this looks to be a great source if you're worried about politicians passing innovation-destroying laws:

Knee-jerk, overly prescriptive laws can destroy whole business models or stifle innovative new forms of communication before they have a chance to emerge. Too many laws are proposed without considering unintended harm they may cause to thousands of Internet companies and millions of Internet users.

NetChoice is dedicated to fighting these attacks on core Internet principles. Through this site, the Internet Advocates' Watchlist For Ugly Laws (iAWFUL) will track dangerous legislation and mobilize citizens to defeat bills and proposals that threaten the future of ecommerce and online communication. The list will be continually updated to reflect the most immediate dangers, based on regulatory severity and likelihood of passage.

8 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
election, honolulu, internet, telephone

Companies:
everyone counts



Honolulu Completes Internet/Telephone-Only Election

from the how-open-was-it? dept

A few folks have submitted various versions of the news that Honolulu has concluded a city election of council members using only internet or telephone voting. Similar systems have been tried elsewhere, but for the most part, there's been fear to use them more widely in the US, over worries about hacking. Of course, at a time when we still can't even get basic stand-alone e-voting machines to work properly, I think there's still plenty to be worried about before jumping ahead to internet voting. There is a note at the end of the article, saying that the company that provided the technology, called Everyone Counts, says that the code for the systems used in the election are available for auditing. However, a quick glance of the company's website doesn't seem to reveal any code. So unless I'm missing something (in which case, please let us know in the comments!), it sounds like the code isn't open, but only available for auditing by a limited group of folks... just like traditional (buggy, problematic) e-voting systems. Update: And already there are questions about the election. Despite part of the reason for internet voting being that it would get more people involved a tiny 6.3% of the electorate participated raising numerous questions about why... and if the technology miscounted. If people don't trust the technology, they're not going to trust the results either...

4 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
copyright, intellectual property, internet, michael lynton, movies, piracy

Companies:
sony



Sony Pictures CEO: The Internet Is Still Bad

from the digging-a-deeper-hole dept

A week and a half ago, Sony Pictures CEO Michael Lynton made some news for saying that nothing good had come from the internet, period. Plenty of online sites (including ours) took him to task for that, wondering how one gets to be the CEO of a major content company without understanding the internet. Today, Lynton hit back at critics -- not by saying he was quoted out of context or misunderstood, but by standing behind the statement and adding some gems to it as well. Let's take a look...

In March, an unfinished copy of 20th Century Fox's film X-Men Origins: Wolverine was stolen from a film lab and uploaded to the Internet, more than a month before its theatrical release. The studio investigated the crime, and efforts were made to limit its availability online. Still, it was illegally downloaded more than four million times.
And, as was widely noted, the movie still opened to a massive box office take, despite pretty dreadful reviews all over. In fact, the movie had a lot more buzz leading up to it because of all the talk about the leak. Funny that Lynton seems to ignore that part. Could it really be that the CEO of a major motion picture studio doesn't understand that people go to the movies for the experience, and not just the content?
I actually welcome the Sturm und Drang I've stirred, because it gives me an opportunity to make a larger point (one which I also made during that panel discussion, though it was not nearly as viral as the sentence above). And my point is this: the major content businesses of the world and the most talented creators of that content -- music, newspapers, movies and books -- have all been seriously harmed by the Internet.
This is like saying "the major transportation companies and the most talented creators of transportation devices -- horse carriages, buggy whips, blacksmiths -- have all been seriously harmed by the automobile." Markets change. They may cause trouble for dinosaurs unable or unwilling to adapt, but they have not harmed content creation or the content business. And it's not "the internet" that has harmed the "most talented creators of that content." It's folks like Michael Lynton who seem to be funnelling them towards bad business models.
Some of that damage has been caused by changing business models (the FTC just announced an inquiry into the impact of new media on the newspaper industry). But the primary culprit is piracy. The Internet has brought people with no regard for the intellectual property of others together with a technology that allows them to easily steal that property and sell or give it away to everyone, with little fear of being caught or prosecuted.
Wow! At least he's able to admit that business models play a role, but he's flat out wrong about blaming piracy. He claims that it's "people with no regard for the intellectual property of others," which is hilarious coming from Hollywood -- a town built on showing no regard for the intellectual property of Thomas Edison. You know what comes out of showing no regard for artificial scarcity? Amazing new industries. Lynton is a product of piracy... and yet now that he's in charge, it's evil? Funny stuff...
To be clear, my concern about piracy does not obscure my understanding that the Internet has had a transformative impact on our culture and holds enormous potential to improve the prospects of humanity, and in many instances already has. I am no Luddite. I am not an analogue guy living in a digital world. I ran an Internet company and my studio actively uses the web to market and sell our movies and television shows. We create original content for new media.
If you think that "using the web to sell and market our movies and television" or "creating original content for new media" represents what the internet has to offer, you really need to educate yourself on the internet. It's not about selling and marketing. It's about interactivity. Hire someone who doesn't hate the internet, please.
And yes, new talents have emerged thanks to the democratic and viral impact of the web. Yes, the rise of new distribution platforms for existing content is exciting and rich with promise.

But at the same time, I cannot subscribe to the views of those online critics who insist that I "just don't get it," and claim the world has so fundamentally changed because of the web that conventional practices concerning property rights no longer apply; that the Internet should be left to develop entirely unfettered and unregulated.
It's not that "conventional practices concerning property rights no longer apply," it's that content isn't property. You've been blinded by the phrase "intellectual property" into believing it's something that it is not. The internet is neither unfettered nor unregulated. What you're really complaining about is that technology has put a crimp on your old business model, and rather than adjust, you want new laws to force things back to the way they were before -- back before we had the rise of new distribution platforms and the ability to share content that we like with one another.

Back when automobiles were first introduced, laws were passed requiring people to walk in front of every automobile waving red flags. Officially this was for safety, but it was really an attempt to limit the automobile and keep things the way they used to be for carriage makers. You're not asking for reasonable rules and regulations. You're asking for red flags and a speed limit of 5 mph when cars can easily go 120mph.
In no other realm of our society have we encountered so widespread and consequential a failure to put in place guidelines over the use and growth of such a major industry.
There are guidelines. You don't like the ones that are there, and the market has decided that many of them don't make sense. Let history be a lesson to you: when the majority of people think that "guidelines" don't make sense, making them even more stringent isn't going to fix things. Instead, it's time to look for opportunities within what people are doing.
I'm not talking here about censorship, taxation or burdensome government restrictions.
Yes, you are. You'll just call them something different.
I'm talking about reasonable boundaries, "rules of the road," that can help promote the many positive attributes of Internet technology while curtailing its hugely damaging effects.
Right, just as reasonable as the guys waving flags in front of cars. Those were designed to promote the many positive attributes of the automobile while curtailing its hugely damaging effects. The problem then, as now, is that people looked at the automobile through the prism of the horse carriage (that's why they were originally called horseless carriages). So the idea that they could travel much faster was seen as a bad thing (ooh, dangerous!) rather than a good thing. The same thing is true today. The fact that people can share content and help promote and distribute it for you is seen by you as a bad thing (oooh, dangerous!), but once things shake out, those who don't hate the internet will realize it's actually a huge opportunity for new businesses to grow and thrive. It's 1904. Do you want to be the CEO of the Durant-Dort Carriage Company or do you want to run Buick? William Durant made the right choice. You're making the wrong one.
And this becomes even more critical as governments around the world are subsidizing and promoting the ubiquity of high speed broadband to make their economies more efficient and competitive. With this increase in speed, content will travel that much more easily on the Internet. But without restraints, much of that content will be contraband.
Yes, as nations around the world are subsidizing national highways, this becomes ever more important. With this increase in speed, automobiles will be able to travel that much more easily. Without restraints, much of that travel will break the speed limit.
I've already seen it happen in South Korea, which has one of the most highly developed broadband networks in the world. But piracy has also become so highly developed there that we and virtually every other studio has recently had to curtail or close down our home entertainment businesses. It's hard to sell a legal DVD when it can be stolen without any repercussions.
And yet, there are new businesses springing up every day to take advantage of this wonderful abundance. JY Park is building a massive entertainment empire in South Korea by embracing the fact that everything he does will be "pirated" in some manner. But he's still bringing in a ton of money. That's because he's not focused on how to sell horse drawn carriages any more, but how to make automobiles go faster and faster.
Contrast the expansion of the Internet with what happened a half century ago. In the 1950's, the Eisenhower Administration undertook one of the most massive infrastructure projects in our nation's history -- the creation of the Interstate Highway System. It completely transformed how we did business, traveled, and conducted our daily lives. But unlike the Internet, the highways were built and operated with a set of rational guidelines. Guard rails went along dangerous sections of the road. Speed and weight limits saved lives and maintenance costs. And officers of the law made sure that these rules were obeyed. As a result, as interstates flourished, so did the economy. According to one study, over the course of its first four decades of existence, the Interstate Highway System was responsible for fully one-quarter of America's productivity growth.
But that highway is already built. You're not asking for reasonable guidelines. You're asking people to walk in front of automobiles waving red flags, while everyone else is already zipping around in their automobiles.
We can replicate that kind of success with the Internet more easily if we do more to encourage the productivity of the creative engines of our society -- the artists, actors, writers, directors, singers and other holders of intellectual property rights -- yes, including the movie studios, which help produce and distribute entertainment to billions of people worldwide.
We're already replicating that kind of success. Your problem is that it's happening without you.
But, without standards of commerce and more action against piracy, the intellectual property of humankind will be subject to infinite exploitation on the Internet.
Imagine a resource that is infinitely exploitable? Imagine that wonderful abundance? Who could possibly complain about that? Oh right, those who benefited from the previous scarcity. Still, it's quite amazing to see someone actually complain about abundance.
How many people will be as motivated to write a book or a song, or make a movie if they know it is going to be immediately stolen from them and offered to the world with no compensation whatsoever?
Well, considering how many people create content today already, I'd say plenty. And, of course, this statement has an implicit fallacy embedded in it: that because content can be shared (not "stolen") that it means there's "no compensation whatsoever." Need we remind you that despite Wolverine being "stolen," compensation came in at about $90 million in its first weekend? If that's the kind of "no compensation whatsoever" we can expect when content gets "stolen," sign me up.
And how many people whose work is connected with those creative industries -- the carpenters, drivers, food service workers, and thousands of others -- will lose their jobs as piracy robs their business of resources?
Oh, right. The poor carpenters, drivers and food service workers. Well, since we've already pointed out that there's still plenty of compensation, they'll continue to be just fine. They don't get paid based on some obsolete business model. They get paid by the hour. That continues.
Internet users have become used to getting things when they want it and how they want it, and those of us in the entertainment business want to meet that kind of demand as efficiently and effectively as possible.
You say that as if you mean it, while the entire rest of your article is about how you don't want to meet that demand, and how you want that efficiency walled off and blocked via gov't fiat.
But what has happened online is that if it is 'beyond store hours' and the shop is closed, a lot of people just smash the window and steal what they want.
No one is "stealing" anything. What are you missing? No windows are broken. And, part of your problem is the fact that you think the shop "closes." If you can't recognize that the shop doesn't close anymore, you shouldn't be running a major content company.
Freedom without restraint is chaos, and if we don't figure out some way to prevent online chaos, the quantity, quality and availability of the kinds of entertainment, literature, art and scholarship we need to have a healthy, vibrant culture will suffer.
I don't know which culture you're looking at, but it seems to be me that entertainment, literature, art and scholarship are all thriving like they never have before. Where's the problem, other than your own inability to adapt?
In my own household I know it is my responsibility, along with my wife, to monitor how my family uses the Internet for school work and enjoyment. And I know the web can play a big role in our daughters' future. But I also want their future to be filled with the kind of music and books and films and other creative sparks that have enlivened my life and our culture through the years.
And, thankfully, she'll be able to experience a lot more of such culture thanks to the internet and the efficiency it allows. Many authors, musicians and filmmakers today are purposely putting their works of art online for free. Would you like some pointers to help with your daughters' cultural education? We're more than willing to help.
Because actually I'm a guy who wants to see lots of good things come from the Internet. But it's not going to happen the way it should if we do not act now to safeguard the fruit of our world's most imaginative and talented minds. Period.
The only "safeguarding" you've suggested is your own obsolete business model. It's got nothing to do with culture and content creation. It has nothing to do with the internet. It has everything to do with the fact that you're viewing all content creation through the distorted prism of the movie making industry, where content creation comes from a big corporation and is then mass marketed and sold to the people. You need to step out from behind that prism, put down the red flags you're waving in front of automobiles, jump onto a passing car, and look at all the wonderful things the internet allows in terms of creativity and new business models. Don't let Sony Pictures be the Durant-Dort Carriage Company, clinging to the past.

121 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
france, internet, regulations



France Continues Its Campaign To Pass The Worst Internet-Related Laws Around

from the who-can-keep-up? dept

Perhaps it's a race of some sort to see which country can pass the worst laws related to the internet possible, and France feels that it's falling behind other countries? After approving a "three strikes" law that will kick those accused (not convicted) of file sharing off the internet, someone in our comments reminded us that France is also looking to implement a file sharing tax on ISPs (Google translation) -- even though there's already such a levy on storage media. So... your connection gets taxed in case you're sharing music, your storage gets taxed again for that same shared music... and you can get kicked offline for it anyway.

And then a bunch of folks have pointed out that French politicians are looking to implement new laws that give police the ability to use keylogging software, force ISPs to censor certain sites on a "banned" list, and create a massive database of information on citizens. All of these things have appeared in other forms around the globe. All with great controversy. So it's quite impressive that France is trying to take them on all at once. Who knows if this latest bill will pass, but it really cements the idea that Sarkozy seriously dislikes the internet, and would like to put as many controls on it as possible.

53 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
internet, michael lynton, movies

Companies:
sony



Sony Pictures CEO: Nothing Good Has Come From The Internet

from the and-that-is-why-you-fail dept

We were just talking about how Sony CEO Howard Stringer was lamenting the fact that Sony didn't embrace openness and new technologies like the internet earlier. Perhaps part of the problem is the execs who work under him. Mathew Ingram points out that at a recent panel discussion the CEO of Sony Pictures, Michael Lynton, said: "I'm a guy who doesn't see anything good having come from the internet. Period."

Perhaps that explains why you're failing to figure out how to embrace it?

I recently wrote up something for Open Forum talking about how every threat is really an opportunity. A threat just means that someone else may have figured out how to serve your customers/community better. That should be seen as an opportunity for you to serve your community/customers better. An exec today who views those opportunities as threats, as apparently Michael Lynton does, shouldn't still have a job. It's bad for business. It's bad for shareholders. And it's bad for customers. Saying that there's nothing good that has come from the internet suggests someone so lacking in vision that it's scary he still has a job running a major motion picture studio.

107 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
antonin scalia, internet, privacy, supreme court



Supreme Court Justice Scalia Given Lesson In Internet Privacy

from the not-an-issue? dept

BoingBoing points us to an interesting story involving Supreme Court Justice Antonin Scalia, who apparently gave a recent talk questioning the need to protect privacy online. That caught the attention of Joel Reidenberg, a law professor at Fordham, who teaches an Information Privacy Law class. As part of that class he includes an assignment for the class to try to dig up information on someone online, in order to prove how much information is out there. Last year, he chose himself. This year, given Scalia's comments, he had the class put together a dossier on Scalia, which was not released publicly, but did include a bunch of private info about Scalia that was dug up online. Apparently Scalia was not amused, saying:

I stand by my remark at the Institute of American and Talmudic Law conference that it is silly to think that every single datum about my life is private. I was referring, of course, to whether every single datum about my life deserves privacy protection in law.

It is not a rare phenomenon that what is legal may also be quite irresponsible. That appears in the First Amendment context all the time. What can be said often should not be said. Prof. Reidenberg's exercise is an example of perfectly legal, abominably poor judgment. Since he was not teaching a course in judgment, I presume he felt no responsibility to display any.
Now, to be fair, Scalia does have a point that not every single datum about anyone's life should be considered private. But it's equally silly to lash out and call the decision to give the assignment "abominably poor judgment." That seems like Scalia is suggesting security through obscurity is reasonable, and exposing why it's not is poor judgment. It's hard to see how that makes sense.

31 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
cable companies, content, internet, tv



Will Content Company Greed Destroy The Pay TV Business?

from the it's-getting-there... dept

While we've noted that the various studios, such as NBC Universal have, in the past, laughed off the idea that people would ever cancel their cable TV service in favor of just getting their content online, they're clearly waking up to the problem. That's why they freaked out about services like Boxee, despite the fact that Boxee is just a TV-optimized browser for legal content. Still, Saul Hansell, over at the NY Times, gets to the heart of the matter, by noting that the content providers have kept jacking up their prices to cable providers, and those costs keep getting passed on to users. Right now, it hasn't been a clear problem, as subscribers have increased, but the costs keep getting higher, and it's eventually going to drive customers to seek alternatives. We've seen this in the past, of course: Hollywood execs try to squeeze more and more out of people now with no thought for how that will impact revenue in the future. That's not a very good way to run a business, and the TV content providers are going to start discovering that sooner rather than later, if they don't start paying attention.

20 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
blame, christie blatchford, internet, murder



Kids Involved In Murder Plot? Blame The Internet And Mobile Phones!

from the say-what-now? dept

What is it with curmudgeonly journalists who jump at any opportunity to blame the internet? JJ sends in a link to a bizarre column by Christie Blatchford in Toronto's Globe and Mail where she appears to simply go off on all of "cyberspace" due to something having to do with a murder... though, the connection isn't clear at all. Perhaps this is par for the course for Blatchford, who we also mentioned last year when she wrote a nasty column slamming blogging and the idea that readers might want to comment on news stories. To her, "journalism is a monologue." Yet, this latest column seems somewhat disconnected from reality. It pieces together a few separate and somewhat unrelated things to effectively try to indict the entire internet and internet culture for the death of a teen.

To be honest, Blatchford (the professional) does a pretty poor job even explaining what she's so upset about -- but she seems pretty sure that it's the internet to blame. From what I can gather, a woman (or maybe a teen? it's not clear) was killed by a teen, and another teen was convicted of first degree murder for being the "mastermind." Fair enough.

So why is the internet evil?

From what I can parse out, there are four main complaints:

  1. Friends of the convicted girl have set up a Facebook group supporting her, despite her conviction.
  2. They dared to use her real name as you would expect friends to do -- rather than obeying the Youth Criminal Justice Act, which forbids naming such juvenile offenders.
  3. The messages in support from her friends have terrible spelling and grammar.
  4. The two teens involved in the murder text messaged each other a lot -- including at least two conversations where they discuss going to the bathroom, and a few conversations where they discuss sexual acts.
And, that's about it. But, you see, all this points out how the internet is such an evil influence. In fact, Blatchford seems quite upset that in the trial convicting the girl, no one has focused on "the role that was played by the web - enabling and empowering at the least" the murder itself. First, it's unclear what the first three awful points raised above had to do with the internet's influence on the murder itself. As for the final point -- it's about SMS text messaging rather than "the web" (but I guess we shouldn't expect a luddite to distinguish), and it's still not clear what role it actually had (if anything). The same conversations could have (and perhaps would have) taken place via voice over the phone as well if SMS wasn't around. These kids were obviously troubled, but there doesn't seem to be any indication (at least from what's presented) that technology (let alone the web) had anything to do with it, whatsoever. But why should that stop an angry columnist from blaming it?

33 Comments | Leave a Comment..

 

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