I recognize that all of the posts today have been about SOPA and the House Judiciary Committee hearings on SOPA. Some of you liked this. Some of you did not. We've never done anything like that before, focusing just on one issue for the entire day, but it is a big issue, one that I feel strongly about, one that I think impacts all of you... and one that there was a lot going on about. We still have plenty more to say about SOPA, and there will still be lots of posts about SOPA (especially as the bill continues through this process), but hopefully we'll be going back to a more balanced schedule, with stories on lots of other topics as well... Thanks for taking part in what has been an exhausting day, but for providing vigorous and interesting discussions and debates on the topic. Also, thanks to those who spoke out. Via the American Censorship Day effort, we've seen reports of over 23,000 emails per hour being sent to Congress, and other reports claiming nearly four phone calls per second going into Congress. Lots of you spoke out to Congress. Let's hope Congress hears.

We're excited to announce today that we've moved in a new direction with the advertising and sponsorships we do on Techdirt, partnering with SAY Media to provide compelling, interesting and engaging forms of advertising and sponsorship. Let me just say, up front, that I recognize that there's a common thread among many who visit this site that all internet advertising is "bad." And I'll be the first to admit that all too often internet advertising is terrible. It can be annoying, intrusive, irrelevant or just plain useless. Because of that, most of us have pretty complete ad blindness. We either automatically ignore all of the ads we see, or we use tools like AdBlocker to avoid even having to deal with the ads.

But, for many years (since before I even started Techdirt), I've wondered what could be done if people realized that the ads were content too, and if you made those ads, by themselves, compelling and useful, then you could do much more with them. For the better part of the decade we've been banging the drum that ads are content too, and they should be treated as such: meaning figuring out ways to make them as compelling as possible on their own. There is no more "captive audience" and if our ads are boring, annoying or irrelevant, we fully expect you to ignore or block them -- and we won't blame you if our ads lead you to do that.

Instead, our focus is on getting marketers to realize how much more effective and compelling their campaigns can be when they stop even thinking about what they're doing as advertising, and begin realizing that the real opportunity is in teaming up to create compelling, useful and relevant content. We don't want you to be annoyed by our ads. We want you, the community, to actually be excited about and interested in the content presented there. And we're thrilled that SAY Media is the perfect partner for this endeavor. Just take a look at the Seven Principles the company articulates on its website: Obviously, number four matched exactly with what we've been saying for nearly a decade. But the other principles match what we've been saying around here for ages as well. We've also been banging the drum for years about understanding what's scarce and what's abundant, and have repeatedly called out that attention is one of the key scarcities out there, and it's our job to do our best to provide you with as much value as possible in exchange for your scarce attention. At other times, we've discussed the importance of storytelling and questioned people who think that influence is just a number.

Basically, this is a company who views the world in a very similar way to the way we do, has a brilliant team of exceptionally creative folks, tremendous reach, extraordinary knowledge and fantastic experience in creating unique, compelling and powerful marketing campaigns.

Of course, much of this is an aspirational goal. We don't expect to be there with perfectly compelling content-filled advertising and sponsorship right off the bat. This is a process, and it's a process we really just started. Beyond figuring out exactly what we can do, there is an education process in helping marketers also recognize the power and value of much smarter campaigns. Also, much of this process involves experiments, and if you want to have the truly exceptional success stories, it means taking some risks... and that means that we will occasionally fail (sometimes spectacularly) in meeting those goals. And we fully expect (even rely on) you in the community to let us know both when we fail and when we succeed. But we promise you this: our goal here is to provide truly compelling and valuable experiences for the community, through true engagement.

Finally, if you're interested in taking part in some truly unique, compelling and engaging marketing campaigns, please contact us. We'd be happy to work together with SAY Media and any company who embraces these same principles, to create truly unique marketing experiences. In the past few weeks, as we've prepared for this shift, our team and the folks at SAY Media have been coming up with a long list of ideas of fun things we can do. We just need the right marketing partners to join us and make these things possible. Hopefully some of you reading this right now are interested in being the right partner for a fun, interesting and compelling campaign.

Thanks for being a part of what's been a fantastic, lively and educational community for so many years. We will always strive to provide as much value back to you as possible, and this partnership will help continue that process.

We're thrilled to announce that we're co-hosting a cocktail reception and Insight Dinner salon in Santa Clara, California, on May 18th at 6pm, along with the Privacy Identity Innovation 2011 conference (pii2011), put on by the same team that produces the excellent Tech Policy Summit conference. The Insight Dinner is, not surprisingly, a companion to the pii2011 conference, which is running May 19th and 20th. Seating for the Insight Dinner salon is (very) limited and you can purchase tickets now.

A bunch of the speakers from the pii2011 event will be attending the dinner, and we'll have a lineup of really topnotch discussion facilitators as well. Along with a lovely dinner, there will be a salon-style discussion around Privacy in a Data-driven Economy: When Your Customers Are Your Product. Obviously, there's a ton of interest in privacy issues these days, especially given the new privacy bill introduced in Congress. For this discussion, though, we're looking to move away from the policy side of the debate to the practical realities for those working in the space: how do you deal with privacy issues these days? Some believe that there's a constant "war" with customers over privacy, but if you're violating customer privacy, do you risk losing those customers? We've lined up a bunch of great, knowledgeable (and, at times, outspoken and controversial) expert facilitators who will help us introduce the discussion, lead table-top discussions and get everyone involved in a fascinating discussion on a hot topic.

It should be a great time, so please come and join us.

While you can attend just the Insight Dinner salon, if privacy is a topic of interest to you, you really should consider attending the whole conference (I'll also be leading one of the panels at the conference). The conference takes place at the Santa Clara Mariott, and there are over 50 great speakers already confirmed, including Esther Dyson, Jeff Jarvis, Tara Hunt, along with execs from Microsoft, Yahoo, Google, Intuit, and representatives from the FTC and Commerce Department. The focus of the event is on where innovation is heading and how to best protect sensitive information while enabling emerging technologies and biz models.

Also, there will be a startup showcase, called the Innovator Spotlight, to show off some innovative new products and services in the privacy space that shouldn't be missed. Finally, the day after, on May 21st, there will be a separate, but related, open PrivacyCamp, which you can attend with a ticket to pii2011. For Techdirt readers, we're offering a 20% discount on tickets to pii2011, if you enter "4techdirt" as the discount code when you register for pii2011.

So... just to summarize: on May 18th come join us for our very first Insight Dinner salon; on the 19th and 20th, there's pii2011; and on the 21st, there's PrivacyCamp. You can purchase tickets for all of these, or pick and choose the parts you want to go to on the registration page. Attending pii2011 gets you in to PrivacyCamp, but Insight Dinner salon tickets need to be purchased separately, since we have limited space for that.

We look forward to seeing a bunch of you there!

2010 was a great year for Techdirt. We thought we'd share some stats about 2010 with all of you (and yes, we're a little late on this but we finally got around to pulling together the numbers).

We posted 3,798 stories, generating 152,683 comments. According to Google Analytics, Techdirt had 11,490,135 visits in 2010. So, if Techdirt were a National Park (and you readers were visiting us in real life), we'd be the #3 most popular park in the country, just behind the Golden Gate National Recreation Area. Or if we were a museum, we'd be well ahead of the top ranked Louvre, who only did a paltry 8.5 million visits last year. Yes, I know those are unfair comparisons but it's still a fun way to view things in perspective. Of course, if any of you really do want to visit us in real life, we'd love to have you.

Separately, the traffic numbers represented continued growth over the course of the year. If we're just looking at our December numbers, traffic in December of 2010 was 62% higher than in December 2009, and that was after continued growth throughout the year. So, it looks like we ended the year with a lot more folks here in the community than we started with, which is always a nice thing.

While certainly a large part of our traffic is US-based, the community here really is quite global with visitors coming from an astounding 230 different countries or territories (and yes, we did recently have a discussion about how there were fewer countries than that in the world, but Google Analytics counts "territories" too -- so a big shout out to you, the one visitor from Christmas Island).

Not surprisingly, the top four countries were all English speaking countries (US, Canada, UK and Australia) but Germany clocked in at number 5, followed by the Netherlands, India, France, Sweden and Spain. After India, Japan was the leading Asian country, which narrowly beat out China. Brazil was the leading South American country, topping Argentina by a decent margin. In Africa, not too surprisingly, South Africa was tops with Egypt coming in second. Of course, it looks like we did not get visits from every country in the world. Among those with no visitors at all were North Korea, Western Sahara & Chad. Pretty much every other country I checked had at least one visitor, though there may be some tiny Pacific Islands that I'm unaware of that didn't send any visitors and which I can't easily spot on the map.

Within the US, just looking at states, our top visitors were from California and then New York (with Texas close behind). The state that sent the least number of visitors? Wyoming. Not like anyone lives there anyway (kidding Wyomans, kidding). If we look at the top cities worldwide, New York dominated in terms of visitors, with a surprise second place finish from London, beating out all other US cities (perhaps less surprising taking into account population totals). San Francisco, LA and Chicago round out the top five. DC comes in at number seven. Sydney, Australia is the second non-US city and number 9 on the overall list.

Most of you still use Windows, followed by Mac and Linux pulling up in third place. iPhone visitors topped Android visitors (2:1) but I would bet that's going to change over the next year. Firefox was the most popular browser. Internet Explorer (?!?) eked out a tiny victory over Chrome, though I can't imagine that staying true much longer.

In any case, thanks to everyone for making Techdirt the thriving community that it is. Here's to a great 2011.

Top Ten Stories, by Unique Pageviews, on Techdirt for 2010:

1. Best Buy Firing Employee Because He Makes A Funny Video That Doesn't Even Mention Best Buy - July 2nd
2. The 19 Senators Who Voted To Censor The Internet - November 18th
3. 'Hollywood Accounting' Losing In The Courts - July 8th
4. Facebook Threatens Greasemonkey Script Writer - March 25th
5. Why Congress Isn't So Concerned With TSA Nude Scans & Gropes: They Get To Skip Them - November 18th
6. Guy Building A Working (Yes, Working) Computer Inside A Video Game - September 29th
7. RIAA Accounting: Why Even Major Label Musicians Rarely Make Money From Album Sales - July 13th
8. Why The Wikileaks Document Release Is Key To A Functioning Democracy - December 1st
9. Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought - March 31st
10. More Casinos Succeeding With The 'That Jackpot You Won Was Really A Computer Glitch' Claim - June 7th

2010's Top Posts, by Comment Volume:

1. UK Hairdresser Fined For Playing Music Even Though He Tried To Be Legal - 599 comments
2. Defining Success: Were The RIAA's Lawsuits A Success Or Not? - 417 comments
3. The 19 Senators Who Voted To Censor The Internet - 401 comments
4. Four Years In, How Successful Has Hollywood's Attack On The Pirate Bay Been - 376 comments
5. Can Someone Explain Why Circumvention For Non-Infringing Purposes Is Illegal? - 364 comments
6. Is Intellectual Property Itself Unethical? - 337 comments
7. Why Debates Over Copyright Get Bogged Down: Conflating Use With Payment - 315 comments
8. Give A Man A Fish... And Make It Illegal To Teach Fishing - 302 comments
9. Why Voting For COICA Is A Vote For Censorship - 300 comments
10. Composer Jason Robert Brown Still Standing By His Position That Kids Sharing His Music Are Immoral - 292 comments

It seems worth pointing out that there was almost no overlap between the stories that were most visited and those that had the most comments (only one story makes both lists). This is actually pretty common. Many people assume that more comments automatically means the most popular stories in terms of traffic, but that's almost never the case. Traffic and comments do not correlate nearly as much as you would expect. Some of the stories with the most comments often involve a very small number of people continuing to have a (often quite interesting!) discussion long after everyone else has moved on...

2010's Top Users, By Comment Volume*:

1. Dark Helmet -2,278 comments
2. Hephaestus - 2,277 comments
3. nasch - 1,597 comments
4. Richard - 1,539 comments
5. Technopolitical - 1,265 comments
6. Karl - 1,249 comments
7. average_joe - 1,156 comments
8. Rose M. Welch - 993 comments
9. PaulT - 982 comments
10. ChurchHatesTucker - 918 comments

*Mike had 2,964 comments so he's technically the top commenter, but I'm not counting him here.

We haven't talked much about our very own CwF+RtB offering in a while, but when it launched in the summer of 2009, one of the items was the Techdirt Crystal Ball, which gives you a peek into some posts on Techdirt before others have a chance to see them -- and it's become a popular feature for many. The deal was that it was a one year offering, after which we hoped people would renew. However, as we started to get close to that one-year deadline, we were working on some new ideas for new CwF+RtB offerings... and we didn't want people to feel compelled to re-up without us offering any additional "reason to buy." So we (quietly) extended anyone who bought a Techdirt Crystal Ball (which came with most other offerings as well) by a couple months.

Unfortunately, it's been a busy couple of months... and one of the reasons why we still haven't released the new offerings is that some of them actually involve some backend development on our part, which is ongoing. After realizing that we weren't going to have everything we wanted in place by now, we've actually extended everyone's 12-month Crystal Ball for an extra 12 months -- and we hope that when we're ready to release the new offerings, you'll find them worth buying as well.

In the meantime, as we're working on new offerings, I did want to see if anyone had other ideas of what they'd like to see as an offering. No promises, of course, but we're already planning to incorporate some user suggestions, and it would be great to hear about what others might find compelling.

Today we're announcing an event that we're holding on June 16th, in the evening, at Google's offices in Mountain View. It's not your ordinary panel/speaker event. It's based on the Techdirt Greenhouse series of events that we've done over the years, where the focus is on getting lots of smart people together in a room and brainstorming to come up with solutions to certain issues. In the past, those have often been issues faced by a particular organization, but back in January, at Midem, we tried it on a specific industry: the music industry. The results were fantastic, so we've decided to start doing similar brainstorming workshops in other areas, and this one is our first, entitled "Techdirt Saves* Journalism."

Obviously, the focus is on brainstorming ideas to help the journalism market. It will kick off with three short presentations: one by me, one by Google economist Hal Varian, who's been doing a ton of fantastic work on newspaper economics, and one by Ian Rogers, the CEO of Topspin, one of a growing group of companies that is helping to reinvent the music business. That last one might seem a bit confusing -- since this event is all about the journalism industry -- but that's very much part of the point. These brainstorming sessions work best by bringing in people with very different perspectives. We don't want this to just be journalists/newspaper people, but have already begun inviting a wide range of folks with diverse backgrounds, well beyond journalism. There will be plenty of journalism/media folks there, as well. But we thought that Ian could provide some perspective about how some parts of the music industry have responded (successfully) to the challenge of the internet, and that could be great in getting people thinking differently and creatively.

These events are highly interactive -- so if you're coming, expect to participate. Following the brief presentations, attendees will be broken out into small brainstorming groups, and we'll have about an hour to workshop and brainstorm (with some guidance) to try to come up with creative ideas and ways to help save journalism. After that we'll regroup, share some of the best ideas, and then partake of some food and drink.

The event is being both sponsored and hosted graciously by Google -- which shouldn't come as a surprise, given how much effort the company is putting into trying to help the journalism business succeed (that Atlantic article is a fantastic read).

To commemorate this occasion, we're also releasing our latest t-shirt design. Given the massive success of our limited edition DMCA t-shirt (seriously, we sold way more of those than we expected), we thought we'd follow it up with a special paywall t-shirt. Sporting a typical online newspaper paywall design, you can use this paywall t-shirt to make sure folks pay up before finishing their conversation with you. After all, without people paying to talk to you, how would you ever be incented to produce the sort of quality conversations they want? If you'd like to attend the Techdirt Saves* Journalism workshop, you can reserve a spot here -- and we'll throw in the t-shirt! If you can't attend the event, but still want your very own paywall t-shirt, that option is right here.

We look forward to seeing you on June 16th!

---

* On the title of the event, Techdirt Saves Journalism, we're adding this particular disclaimer to ward off those who might have missed the joke and are about to accuse us of massive hubris. The reference is a mocking response to the regular headlines you see every few days about "newspapers are dying" or "so-and-so is 'killing' journalism." We figured that if there was so much hyperbole around an industry dying based on misread data points, we might as well hit back with a mocking claim that this single event will clearly save journalism. Oh yeah, also, one of our regular critics in the comments recently started claiming that we had said we could save journalism, even though we made no such claim. However, if we're going to get slammed for making the claim anyway, we might as well embrace it and see what we can do. So, for the really literally minded of you out there, we don't think this event alone will "save journalism." That's just a joke. But it should be insightful, enlightening and educational for all involved. And, who knows, perhaps some idea will be hatched that does, in fact, help journalism avoid the fate in all those headlines we keep seeing...

Before getting into the "meat" of this post about how our CwF+RtB experiment worked out, I want to announce that we've "replenished" the store with some new t-shirts and hoodies. These are brand new -- not the same t-shirts and hoodies we had before, which are sold out. You have a choice of either a t-shirt or a hoodie with the full Techdirt logo, or my personal favorite DMCA takedown t-shirt which says on the front:
The content of this t-shirt has been removed due to a DMCA takedown notice.

Consider the message on the shirt a good way to engage people in a conversation about the abuses of copyright law and the DMCA. The hoodies come with a copy of my Approaching Infinity book, while you can get the t-shirts without the book or with the book.

Also, we are doing one thing differently this time around. Rather than just waiting until we sell out to stop selling these shirts, we're taking open orders for two weeks only and then will make the shirts and send them out. So if you want this shirt from us, you have two weeks to order. And that's it. On to the post itself...

---

After seeing many musicians setting up various interesting/amusing "tiers" of scarce value worth buying, while also working to connect with fans, we decided to launch our own CwF+RtB tiers, at the end of July, as an experiment to see what we might learn. We knew that this sort of thing worked for music, but had no idea if it would work elsewhere -- say, for a blog. It wasn't designed to replace our existing business model, but just as an experiment to see what would happen -- and what we could learn that might help others implementing similar business models.

I should apologize, as this post detailing the results is way, way, way overdue. We had most of the results and lessons within about a month, but this is a big post to write up and I kept procrastinating. No good reason why: there was just always something going on in the news that seemed more urgent and every so often I do like to catch up on sleep.

The quick summary: we consider the experiment to have been a huge success.

• We brought in approximately $37,000 total due to this experiment, mostly in the course of that first month.
• Nearly $12,000 came from direct sales to individuals of the tiers between $5 and $150.
• As was revealed in an article at Wired, another $5,000 came from an individual, Didier Mary, who was working on a business plan and bought the Techdirt Reviews Your Business Plan package. The package included an Insight Community conversation, which recently concluded, about his business model idea. Didier has told us that "it was a great experience" and very useful to him in moving forward with his plans.
• Another $20,000 came from larger companies, which purchased Insight Community packages after learning about them through this effort.
• The effort also resulted in potential future deals, as it led many more companies to contact us to learn more about the Insight Community.
• Other companies, with whom we were already talking about the Insight Community, contacted us after we launched this, with one noting that if what his company had been discussing with us was on the list, he probably would have just "clicked buy" right away (though, with that company, we're still discussing a deal and have not yet completed it).
• Ignoring the higher end Insight Community deals, the average amount paid by users was over $70. This was significantly higher than expected.
• Sales came from 15 different countries around the globe. North America and Europe were obviously the biggest, but we also got sales from Asia, South America and Australia (no Africa). The international sales might have been bigger if we had launched international sales the same day we launched the overall effort. Unfortunately, we didn't have all the details on that sorted out until a week later, and I think we probably lost some international sales that way. The US Postal Service does make international sales much easier these days -- especially with its "one rate" boxes, but shipping is still really expensive, and many countries then add annoying tariffs on top of everything. This was annoying, but (unfortunately) unavoidable.
• Our highest selling item was not the cheapest, second cheapest or third cheapest offering (contrary to the claims that people just want the cheapest item). Instead, the biggest seller -- by a pretty wide margin -- was the Approaching Infinity package, that included both a copy of my book and a t-shirt.
• For quite a while, the hoodies (which we almost didn't offer) outsold the t-shirts... but in the end the t-shirts barely passed the hoodies.
• The Techdirt Book Club outsold the Techdirt Music Club by a factor of three.
• No one bought the Day with Techdirt package, though we actually got a lot of inquiries about that, with multiple people who don't live in California saying that if they were closer, they would have bought it. This is still available, though.
• And, fear not, no one bought the $100 Million Silence Techdirt offer (still available as well!), though we did get a few people who were worried that someone would actually take us up on this -- and one satirical offer from someone claiming to be from the RIAA, which made me laugh, saying the RIAA would pay up, but wanted to guarantee "exclusive rights" to the RIAA, such that it would be able to "pursue appropriate legal action against any and all 3rd parties that make use of this silence purposely or inadvertently" including, of course "the right to pursue similar action against any individuals who are also not reading Techdirt and therefore infringing on our own licensed agreement to be the sole recipient of a Techdirt-free world." Brilliant.
• However, the $100 Million Silence Techdirt offer did get the most traffic of any of the tiers, by a factor of three -- though, it also drove many people to check out the other tiers.

Lessons Learned

So, what did we learn? Lots of things:

1. This works! These sorts of models can absolutely work in connecting with fans and in making money.
2. All of you, in our community, are awesome. Not just for buying, obviously, but because the overall response we got was incredible. This included many really, really nice emails that made us feel great, along with happy emails and Twitter messages from people receiving their packages, and telling us stories about wearing the clothes, reading the books, etc.
3. It's fun making people happy. Really. It really gave all of us here at Floor64 a great feeling every time we heard back from happy community members.
4. Logistics and inventory management are more complicated than you expect. We sort of knew this ahead of time, but you realize it first-hand when somehow, somewhere copies of signed books go missing, and you suddenly need to ask for an author to send extras. Also, dealing with sourcing inventory from so many different people for the Book and Music club is doable, but takes a lot of time to manage. Though, I have to say, every one we worked with -- from authors and musicians to publishers, agents and record labels really were fantastic. We didn't have even the slightest trouble from any of our partners in this endeavor. Shipping out the products definitely was an effort, but we tried to make it fun, with a group of us working together to package up and ship stuff (and on this one, the team here, lead by Gretchen, did a fantastic job, going above and beyond to get everything organized and shipped).
5. Having lots of options was a good thing because we weren't very accurate in predicting what would sell. We came close to not offering the hoodies at all, but those were incredibly popular.
6. You can't keep everybody happy, but you should try! We had to set up a better process for "customer support" as we launched this (nice job, Dennis!) and then work with and respond to customers who had questions or (in a few cases) problems. A few times the problem was that we did not explain things clearly enough, and sometimes there were problems with shipments (or, in one case, a hoodie that was frayed). But we tried our best to make sure everyone was happy and hopefully succeeded (mostly).
7. What you're selling should match your audience. The Book Club sold really well. The Music Club, not as much -- despite being awesome (seriously, the combined Music Club items are really, really cool, and the music is great as well). But, in retrospect perhaps that made sense, as the books in the Book Club directly related to everything we talk about here. The Music Club, while supporting artists who did things that we talked about here, was a bit different, and required people to like the music as well, which is a lot more subjective. Bundling together four separate musicians with different styles was, perhaps, not a great idea. On top of that, we perhaps did not do enough to promote the music itself to get more people to enjoy the work of those musicians. Finally, while some of the offerings were "unique," others could be purchased elsewhere, which limited the "scarcity" of the overall package.
8. Some promotions worked really well. The first promotion we did was offering anyone who bought both the music and book clubs together a choice of either lunch with me or a free hoodie. This helped motivate a bunch of folks to step up and buy -- and resulted in a handful of lunches.
9. Having lunch with people was really, really cool. I have to admit that I was a bit nervous going into the lunches from the above promotion, but they were all really amazing, often in very different ways. Each individual was really interesting and the conversations were quite engaging and thought provoking and fun. I'm pretty sure every lunch ended up lasting well over the allotted hour. I ended up learning a lot and had a great time at every one. I'm hoping to set up more ways to do things like that, if not the same thing.
10. Even the tiers that didn't sell, still generated interest in other things we were doing. A bunch of people contacted us about the Day With Techdirt package, and while no one bought it, many of them bought other packages instead.
11. Not everyone who says they will buy will buy, but that's okay. It was interesting to note that some people who told us they would buy (or even announced it on their Twitter/Facebook feeds) never actually did buy for whatever reason. That's fine, of course. Everyone is free to do what they want, but it was interesting to note. Just because someone says they'll buy, it doesn't mean they will.
12. Communicating directly with everyone can be difficult. While others here handled customer service requests, I started getting a bunch of emails personally from people who participated, sometimes with long and detailed questions. I tried to reply to most of these, but it was difficult, and I'm sure I missed a few.

Anyway, that's the basic summary. This really has been a lot of fun and quite educational at the same time. We've still got lots of things planned and will be trying a few new things as well, but thanks to everyone who participated and a big thanks to all the authors and musicians who partnered with us, along with the team here at Floor64 for helping to make this all work.

Lily Allen has continued to post statements from various artists on her blog against file sharing, and most are of the "yeah, file sharing, it's bad!" variety. While she still doesn't quite seem to realize what was hypocritical about her decision to copy a Techdirt post while claiming that copying was bad, she did recently post something where she tried to "answer some questions" that others seem to be having about her effort. The problem is that the "questions" she's answering aren't really the questions that people have been asking. Her explanation is that she's trying to show what file sharing is doing to new artists. Furthermore, she complains that comments about people getting cut off from the internet are misguided, since the proposals are no different than cutting someone off for not paying their bill. Then she attacks the concept that music could be free, saying:

"It's not free to make, so it can't be free, can it?"

And goes on to say that not enough people are paying for music, so that's "threatening new music." Anyway, her "answers to some questions" mostly raise more questions from me, so I'd like to present them here. If Lily Allen is serious about dealing with these issues (and serious about being "sorry" -- even if she apologized for the wrong thing), then it would be great to see her directly address these questions, rather than responding to some made up questions.

1. You claim that file sharing is harming new music. Yet, at the same time, a recent study has shown that more new music is being created today than ever before in history. Partly, that's because new tools have made it cheaper than ever to create and record new music. But those same technologies are also making it cheaper to promote and distribute that new music. All of those factors seem to outweigh the "piracy" issue. So, how can you claim that it's harming new music, when the evidence suggests more new music is being created than ever before?
2. You claim that "not enough people are paying for music." However, just a few months ago, the economists employed by PRS, which is a big part of the UK music industry, released a study suggesting that the music market was growing, not declining. They agreed that retail sales have dropped, but that live show attendance and other offerings (merchandise, etc.) have outweighed the decline in music sales. In other words, people are spending more on music, it's just going into different things -- just like 50 Cent said. Given that the economists who represent your industry are saying the opposite of what you claim must be happening, can you support the claim that not enough people are paying?
3. According to many reports, you benefited greatly yourself by promoting your music via MySpace, which allowed people to listen to your music for free. Other reports have suggested that you have complained in the past that your record label does not give you much, if any, money from CD sales. Given that you seem to have used "free music" to your own advantage in the past, how can you say that "music can't be free"?
4. You are posting your blog on a Blogspot.com domain, which is provided by Google to you, for free. It cost Google money to create this service, and all of its services, and yet it has been able to create a business model whereby it makes money by giving away certain aspects of its business for free. Google is one of the most successful companies in the world. Why do you insist with such certainty that using free as a part of a business model is a bad thing?
5. There are a growing number of artists -- big, medium and small -- who have learned to embrace file sharing, and have found that it has helped them to better connect with their audience, and when combined with a smart business model, makes them more money than in the past. Given that's the case, is it possible that the problem is artists choosing a bad business model rather than "piracy" being the problem?
6. Despite your shading of the issue, there have been and continue to be proposals in the UK that would lead to people being kicked off the internet -- yes, for a limited time, but still removed from the internet. Can you explain how that makes people any more likely to buy your music?

By the way, it's also worth noting that many of the ideas for these questions come from the comments to the post on Lily's blog. While there were some nasty and childish comments on some of the earlier posts (such as the one where she copied my post), going through the comments on this particular post show that the vast majority of them are well thought-out, well-argued and thought-provoking. And most of them disagree with Allen's statements.

It seems that a few folks misunderstood the point of my post yesterday in joking about Lily Allen's double standard in ranting against unfair copying while copying blog posts from other sites. And Lily herself appears to be among those people. She's posted an apology, though, a bit petulantly, starting in all capital letters:

I THINK ITS QUITE OVIOUS THAT I WASNT TRYING TO PASS OF THOSE WORDS AS MY OWN , HERE IS A LINK TO THE WEBSIITE I ACQUIRED THE PIECE FROM . Apologies to Michael Masnick

While I appreciate the "apology," that's really missing the point. First, the reason TorrentFreak and I both brought it up wasn't because I was upset about her using the post. As I clearly said in my response, I thought it was great that she wanted to use our post, and I encouraged her to do so. The point, though, was that it was a bit hypocritical of her to be going on and on about how evil it is to copy another's work without their permission, when she went and did the same thing. Furthermore, the point is that when it's natural and easy for people to copy like that, it's time to learn to accept it and use it to your advantage. So, no apology is necessary to me. My post wasn't about you trying to pass off my words as your own, but recognizing that even you, Lily Allen copy other people's work all the time, even without realizing it.

And, yet, in the very same breath, you want to kick people off the internet for doing the same thing?

If anyone deserves an apology, it's all the people you've been blasting with this complaint that it's "piracy" that's somehow harming artists, when the actual evidence shows no such thing. Plenty of artists have learned to embrace file sharing and used it to their advantage, suggesting it's not piracy that's the problem -- it's artists unwillingness to adapt and put in place smarter business models. Running to the gov't and asking them to kick your fans off the internet isn't a new business model. So, don't apologize to me. We're happy for you to use Techdirt posts however you want. We just thought it was worth calling your attention to the fact that even you seem to have no problem copying stuff when convenient, so maybe you should think twice about blasting everyone else for doing the same thing.

The folks over at TorrentFreak alerted me to the news that singer Lily Allen, who made some news last week for speaking out against file sharing and against artists who have defended file sharing, has put up a blog, called "It's Not Alright," to talk about this particular subject. In one of her very first posts, she reposted an entire Techdirt post about 50 Cents' view on piracy and how it's part of the marketing. Allen goes on to then say that this is not alright and that 50 Cent is being selfish and isn't thinking about everyone else. But what's quite odd is that Ms. Allen, while complaining about such unfair copying, seemed to have absolutely no problem with copying my entire Techdirt post -- without credit or a link. As I said when asked by TorrentFreak for my response:

I think it's wonderful that Lily Allen found so much value in our Techdirt post that she decided to copy -- or should I say "pirate"? -- the entire post. The fact that she is trying to claim that such copying is bad, while doing it herself suggests something of a double standard, unfortunately. Also, for someone so concerned about the impact of "piracy" I'm quite surprised that she neither credited nor linked to our post. Apparently, what she says and how she acts are somewhat different. Still, Lily, glad we could help you make a point... even if it wasn't the one you thought you were making. Feel free to use any of our posts going forward as well. Unlike some, we're not scared of people copying our stuff. By the way, does this mean we can post her music to our site without crediting her now, too?

Enigmax, in his TorrentFreak post put it nicely as well:

Lilly, in isolation we don't think your copyright infringement is a big deal at all and neither does Mike, but in the arena of this debate it's still quite important. Infringing copyright these days is so easy to do, most people manage it every day in one way or another, and you are clearly no different. You probably didn't mean any harm or even give it a second thought but half a dozen clicks later and you're a pirate these days I'm afraid.

The next thing you know you've got God-knows-who accusing you in public of being an evil copyright infringer and telling you the sky's falling in. Oh, you're on your first strike now by the way. A couple more and it'll be off to Ofcom for disconnection for you young lady....

That said, I also think it's worth responding to Allen's attempted "point" in response to 50's comments:

this is particularly selfish in my view, he seems to only be thinking of how piracy effects him. What about the guys that work in the studio and the kids that run around town putting his posters up,the people that designed his artwork, the people that run his website. Is he giving them a cut of his live fee?

Wait... since when did any of those people get a cut of album sales? Really. None of them do. They all get paid regular fees for their work... and that doesn't change if 50 is making all his money from album sales or concerts. So, yes, they actually do get a cut of his "live fee." It comes in the form of regular payment for services... the same as if it were coming from album sales. And, if 50 is making even more money from those live shows, he can still afford to pay the studio guys, the street teams, the art designers and his web gurus more. So what point is Lily Allen making again? Because so far I can't figure it out...