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from the cthulhu-saves-your-games dept on Wednesday, February 15th, 2012 @ 9:54AM

With the massive success of Double Fine's Kickstarter campaign (which has passed quadruple what it asked), a lot of people are commenting about just what it means to be successful in today's digital climate. Among those talking are indie game developers who are taking the time to reflect on this phenomena and how they might be able to duplicate it for themselves. One of these indie developers is Robert Boyd, the creative mind behind retro JRPGs Breath of Death VII and Cthulhu Saves The World. After a series of tweets on the topic of Double Fine's success, Robert closed with this profound statement:

If people like you and like your work, they'll buy your games. If they like your work but don't like you, they'll pirate them.

The first half of this statement is at the heart of the idea of connecting with your fans. Part of this ability to connect with your fans is to be more open and human with them. We have seen repeatedly how artists sell more of their work and scarcities associated with their work as they become more human to their fan base. As fans come to trust you and feel that they can approach you directly, even if that is through email, Twitter or Facebook, they will be far more likely to trust you enough to part with their money. This trust is one of the keys to Double Fine's success and a key to the success of any game developer. Similarly, it was seen in the way Louis CK treated his fans.

The second half of this statement is a lesson that many larger publishers, developers and others in the entertainment industry have forgotten. Because of that, they are suffering the fallout. DRM and other methods that show how little the developer or publisher trusts its fans breeds contempt within the fan community. While those consumers may still like the product, they don't like the way they are treated. This is one of the driving factors behind piracy. To top off the problem, these creators and gatekeepers set up walls between themselves and their fans. They do everything to avoid contact with fans outside carefully orchestrated scenarios. This turns fans off and decreases the amount of trust they have for these individuals and companies.

It's often said that people will just get stuff for free if they can. But, clearly, that's not true. We've seen so many cases of content creators being supported by their fans at tremendous levels (such as the two cases mentioned above) that there's clearly more to it. And it seems that a key element is whether or not fans actually like you. Some people suggest that the disconnect with piracy is that people value the work, but won't pay for it. But a more accurate realization may be that people value the work... but don't value the creator if the creator doesn't value them. When the two sides value each other, it seems people are more than willing to pay.

from the seems-like-a-reasonable-question dept on Wednesday, February 15th, 2012 @ 8:52AM

Peter Sunde, a very thoughtful and insightful guy, who's been completely demonized by the entertainment industry for his role with The Pirate Bay, has written up an interesting piece for Wired UK where he not only goes over highly questionable issues related to his conviction, but raises a larger question about why we, as a society, allow one obsolete industry to have so much power in government and policy issues. The connections between those involved in his prosecution and the entertainment industry are simply too numerous to be fair:

The Swedish prosecutor sent out a memo in 2006 saying that TPB wasn't guilty of "main" crimes -- at best it aids and abets (he also mentioned that the people running TPB were very clever). But Hollywood was not happy with this and forced the Swedish Minister of Justice to visit the White House and talk about it. The United States told Sweden that if they didn't get rid of the site, they would not be allowed to trade with the US!

The minister (illegally) told the prosecutor what had happened which forced him to raid TPB -- only a few weeks after sending out that memo about how legal it was.

Evidently, Warner Brothers felt that the investigation was taking too long. The studio contacted the police officer in charge of the investigation (one person that worked mostly by himself) and before I had even been questioned by him, he interviewed for a job with Warner Brothers.

When we found out he'd been hired (by him changing his employer from "Polisen" to "Warner Bros" on Facebook) the reply we got was that it was proof that Swedish IT police are of such high caliber that even the big US companies would hire them.

I got promoted from "witness" to "suspect" a week after the job was promised.

During the trial it turned out that the judge was the chairman for the Swedish pro-copyright society, one lay judge ran a record company, another one was formerly the chairman for the songwriter lobby organisation. I could go on.

It's stories like this that raise significant questions about the prosecution. Even if you believe that Sunde was guilty of what he was charged with, I would think you should be able to admit that the list of things above should not have happened under any circumstance. When you read that... and then realize that the guy leading the prosecution against Megaupload for the US DOJ used to work for the industry as an "anti-piracy" exec -- you see the same pattern happening again and again. People who have too close connections to industry are making decisions on these issues designed to protect their industries, rather than looking at the actual impact on society and the economy. That's a pretty big problem, and shows how "regulatory capture" can sometimes become "judicial capture" as well.

from the funny-how-that-works dept on Wednesday, February 15th, 2012 @ 7:52AM

One of the frustrating things about the SOPA/PIPA debate was the way that defenders of the bill tried so hard to dodge the censorship label. However, as Professor Derek Bambauer helpfully pointed out months ago, any form of content blocking by the government is censorship. It's just a question of whether or not it's acceptable censorship -- and, most people are comfortable with some level of censorship. But SOPA/PIPA defenders often refuse to admit this... hiding behind some claim about how since infringement is illegal, it's not censorship.

But this misses the point: every form of government censorship is based on the claim that the censored content is "illegal" in some manner.

Witness the situation in India. A few months ago, we wrote about Indian Minister of Communications and Information Technology, Kapil Sibal, who had apparently been pushing internet companies to pre-screen all user-generated content to stop jerks. Then, last month, some Indian courts similarly told internet companies to block content. Apparently, recently, another official -- Minister of State for Communications & IT, Sachin Pilot, (whose title seems to overlap quite a bit with Sibal's) -- said that internet companies "must comply."

Well, now, Sibal is back, insisting that the government won't censor social media at all:

"I want to say once and for all, without any obfuscation, no government in India will ever censor social media."

Except, that's not true. In clarifying his earlier remarks to those same companies, Sibal said he saw "the need for a new system to be enforced for dealing with content that is in breach of Indian law." But what is that, other than censorship? Sibal is playing the same game as SOPA/PIPA defenders -- insisting that as long as certain content is declared illegal, it can be censored, but leaving out the fact that they get to decide what is and is not declared illegal. The defenders of these kinds of things like to pretend that it's universally obvious what's "illegal" and what's not, and that it could never ever happen that legitimate content -- such as critical political commentary -- would ever get falsely flagged as being illegal. But, having seen exactly that happen too many times (including through the use of bogus copyright claims), it's a very legitimate concern.

What Sibal is really saying here is that the government won't censor content that he thinks is okay. But if people in the government don't think it's okay, it'll get declared illegal and get censored. That takes away greatly from his unequivocal statement about no censorship, doesn't it?

from the kicking-you-off-the-internet dept on Wednesday, February 15th, 2012 @ 6:38AM

You may remember last fall's numbers concerning how many first, second and third strikes Hadopi, the French agency in charge of kicking people off the internet for possible copyright infringement, was sending out. Now come reports that France is finally moving beyond just the strikes, and has passed along info on those accused (not convicted) of infringement to "prosecutors" for the next stage, which could result in them losing internet access.

The report also notes that Nicolas Sarkozy, who was the original champion of three strikes plans, is already looking to expand the law to go after cyberlockers rather than just peer-to-peer, as is the case with the current Hadopi plan, apparently. I'm sure, in an effort to support such a move, politicians will push the misleading claim that Hadopi has actually worked, even if the actual data suggests what really worked was wider availability of legitimate services and tools.

from the ya-think? dept on Wednesday, February 15th, 2012 @ 4:32AM

Following the news that Sony Music raised prices on Whitney Houston's music very, very soon after news broke that she passed away, the company has now said that it was a "mistake" and issued an apology:

"Whitney Houston product was mistakenly mispriced on the UK iTunes store on Sunday. When discovered, the mistake was immediately corrected. We apologize for any offense caused."

Of course, that seems to raise more questions than it answers. What kind of "mistake"? Human error? Did someone just accidentally jack up the price? Or was it someone doing it on purpose... and Sony now thinks that his or her decision to do so was the mistake?