Odds & Ends (It’s that kind of week)

What Color is the Sky in Rick Falkvinge’s World?

Someone please tell me that Rick Falkvinge is the Ron Paul of European politics.  I’m sure every country has its slightly kooky politicians; after all, we have guys who talk about mothballing the Navy or the magical powers of women’s reproductive systems, and I guess Europe has Rick Falkvinge.  I don’t go looking for Rick’s writing because shooting a duck in a barrel (and a lame duck at that) isn’t sporting, but I stumbled upon this piece this morning and had to share.  Falkvinge asserts that the act of copying an existing work (e.g using software to rip a DVD into a file for upload) is real labor that has value, and that “copyright monopolists” are offensive in their desire to profit from this “labor.”  Yes, at this moment, your head should be cocked sideways like a confused spaniel.

I’ve done a lot of digital compression and conversion in my life, and it’s true about the labor I guess. I mean, you’ve got the sliding a disk into a drive, and then probably half a dozen mouse clicks, followed by up to twenty keystrokes to name the file; then there’s the opening of the beer and pretzels while you watch the gas bar crawl across the screen. So, by all means, it’s obnoxious for those who represent millions of dollars in investment and tens of thousands of highly-skilled man-hours to produce the thing your chubby little fingers are laboring away to copy to think that it’s somehow their property. I guess if somebody robs my house, I ought to pause before calling the police and consider how hard the burglar is working.

Maintaining Perspective

If you haven’t seen it,  I encourage you to read Chris Ruen’s piece about Aaron Swartz for Seattle Weekly. The article endeavors to take some of the emotion out of the discussion regarding Swartz’s hacktivism. I have purposely not talked about Swartz thus far because the first truth is that his story is just plain sad. But Ruen is right that Swartz was wrong about SOPA, and that does matter even through the fog of emotion. I don’t presume to know why Mr. Swartz committed suicide, but it is a tragedy that strikes regardless of age, sex, economic, social, or political conditions; and it is worth noting that the very tools Swartz proclaimed to champion have been used to bully others, whose names we hardly know, to the same fate. Moreover, while freedom of information is a cornerstone of a democratic society, not everything that can be hacked is “information” just because it’s digital — and hacking itself is not a game. Just this week, we have reports on the specific origin of cyber attacks on US properties from within one Chinese military headquarters.  The prospect of an attack that could cost the lives of thousands is not an exaggeration.  Naturally, Swartz’s hacking didn’t amount to anything like this kind of threat, but we cannot have a national policy debate on the issue of cyber security that is bent out of proportion because of the suicide of one man.

The Inevitable?

I have predicted for several years that convergence between TV and the Web will make for new partnerships between the two industries.  The more the media creators and the Internet giants have common ground, the more likely we are to see much of the extreme copyright views be relegated to the fringe where they belong.  This article in Variety features a story about a deal between Fox and a couple of very successful YouTube channels, and I’m sure we will see more of these deals as the distinction between distribution via Pipe A or Pipe B fades into irrelevance.

I have little doubt that the end-game is a paradigm in which screens of all sizes become global jukeboxes offering on-demand access to vast libraries of finished works.  Clearly, those who use torrent sites have chosen to hasten this reality without regard for the creators, but deals like this one and projects like House of Cards demonstrate that media producers are in no way out of touch with new distribution methods or new approaches to scheduling or geography; and they haven’t been for quite some time. When Google and Fox shake hands, it means their profit motives are aligned, and this could be beneficial to independent artists, who are the first to be hurt by online piracy. The more the Internet industry has skin in the content game, the less likely it is to fund the kind of hysterically blurred messages confusing free speech with free media.  That said, we have miles to go…

TPB-AFK (The Pirate Bay Documentary)

Yeah, I watched the documentary about the founder/operators of The Pirate Bay, and I admit to being pleasantly surprised that it is not the overbearing propaganda-fest I’d expected. In fact, to director Simon Klose’s credit, I found the film’s relatively detached lens on its subjects made it eminently watchable and only considered a few choices overly contrived — particularly the eerie music played over moody tracking shots of blinking servers.  There’s no question the film is supportive of its subjects, but assuming we can take its content at face value, we are provided with what appears to be an honest glimpse into the personalities and character flaws of TPB’s three co-founders.

Most of the film focuses on the trial in Swedish court, and I thought one of the most telling moments was a comment by Gottfrid Svartholm describing their business as “disorganized crime.” The comment was meant to be mocking the authorities’ perception of the The Pirate Bay, but his words are actually consistent with the childlike posturing of all three men throughout the documentary. Svartholm, Sunde, and Neij all vacillate between naive innocence and banner-waving freedom-fighting — literally trying to have it both ways.  It is as if they are saying, “We didn’t do anything, but what we did is certainly the right thing to do.” The film is engaging and informative, although it is dismaying to discover that these presumptive heroes of the digital age really are the proverbial rebels without either a cause or a clue.

Conversation with Chris Ruen (Podcast)

Chris Ruen Part I
Chris Ruen Part II
From OR Books.

Freeloading: How Our Insatiable Appetite for Free Content Starves Creativity

In his new book, author Chris Ruen provides a glimpse into his personal transition from consumer of free media to advocate for artists’ rights and a more rational conversation about copyright in the digital age.  Ruen shares his own thoughts about common justifications for online piracy, about the mechanics behind the anti-SOPA protest, and about his own proposals for a renewed dialogue about copyright reform and enforcement.  While certain professionals on either side of the debate may take issue with Ruen’s specific, legal proposals, I believe the general reader with even a passing interest in the cultural aspects of what Ruen calls “freeloading,” can learn a great deal from this book.  In particular, the middle third of the work is comprised of interviews with musicians and producers from the independent punk scene — guys who are about as anti-establishment as it gets — and their no-nonsense views on the rationales supporting online piracy are well worth the attention of anyone who thinks he’s stickin’ to The Man by downloading torrents.

I spoke to Chris last week via Skype and found our conversation very engaging. In fact, I’m providing the discussion almost unedited, without introduction, and in two parts.  I hope you find these podcasts interesting and that you’ll let me know what you think.

For more information about Chris or to buy a copy of Freelaoding:  How Our Insatiable Appetite for Free Content Starves Creativity, visit www.chrisruen.com

Compare & Contrast

Here’s one way the Web is being used by a group of young artists in collaboration with one of the “evil”  big media companies:

backstory 1

 MTVu created a challenge campaign called “Against Our Will,” asking students to submit creative concepts to highlight the problems of modern-day slavery.  The winning entry came from students at James Madison university and grew into an online, multi-media project called The Backstory, combining music, interpretive dance, story-telling, and an RPG-style interface to help viewers understand various human trafficking scenarios that could be happening in their communities. Collaborators on the project include rapper Talib Kweli and dancers from Ailey II, with choreography by Troy Powell and music by Kenna.

Backstory DanceI watched several of the pieces on The Backstory, and there really is something extraordinary that takes place when a concept or message is synthesized through artistic media.  I already pay attention to trafficking stories on a regular basis and have read or watched plenty of documentary video or news segments that convey real and horrific anecdotes about the victims of modern slavery; but seeing the familiar themes transformed into a shadowplay expressed by these exceptional dancers creates a tension between beauty and horror that leaves a unique and lasting impression. It’s not that we should turn away from the cold facts of the documentary forms, but I do think our psyches have natural defenses against staring too long into the real face of depravity; and one thing that art does so well is to build new routes past these defenses to reach our empathic instinct for response.

So, this is what artists do when they decide to lend their talents to fight for freedom — not a perceived, complacent, or academic idea of freedom, but real freedom from real bondage, real abuse, and real murder.  By contrast, it seems to me that too many self-appointed “defenders of the Web” presume to bestow upon every hacker and content exploiter the honorific titles freedom fighter, innovator, or cultural game changer.  The hypocrisy would be funny if it weren’t so serious.

Presently, people like David Lowery, Ellen Seidler, and Chris Castle are focused on mainstream advertisers whose banner ads appear on torrent and other infringing sites, and this is certainly an important issue.  But in the contextual question at to whether or not these sites are about freedom and culture, or using the Web to its best purposes, let’s take a look at what appears to be the majority of advertising on some top torrents.

Kickass KingsHere’s Kickass Torrents, which is listed in the #3 spot by TorrentFreak among the 10 Most Popular of 2012.  Of course, #2 Torrentz is actually a meta-search site, making Kickass the functional #2 behind The Pirate Bay, which supposedly has over two billion page views per month. I purposely chose a page for downloading Oscar winner The King’s Speech, picking a film a little more high-brow than the most popular stuff just to see if it has any effect on ad service; but the reality is that most of what appears on any page on Kickass will be a banner that looks like this:

KA BANNER

It’s one variation or another on themes designed to titillate the 18-24 year-old male, which is the majority demographic using torrents.  The link in the middle reads:  10 Disgraceful Intimate Acts 87% of Girls Regularly Do!

So, just to review before we go any further, The Backstory is just one example of how artists will use the Web to fight the exploitation of women, whereas I’m about ten seconds into my browsing Kickass Torrents before being invited to think of women as 87% sluts.  But where does this ad lead?

If you click on the link, you won’t actually find any research on women who regularly do something “disgraceful and intimate,” but you will be about two clicks away in almost any direction from landing within the reach of a snake-oil business called The Tao of Badass.  This is a kind of self-help program comprised of books, DVDs, a blog, etc. that claim to teach any man how to get women — not how to have a better relationship or find love, just how to get lots and lots of really hot women in the sack using the “techniques” you can only learn from The Tao of Badass.

tao of badass

Now, it’s a given that the majority of torrent users won’t click on any of these banners, but out of let’s say a very conservative three billion page views per quarter, that one half of one percent are men desperate enough to believe they can learn techniques to become real ladykillers.  That’s 15 million potential customers for Tao of Badass.  And let’s say only one percent of these suckers buy the 10 DVD set for the “discount” rate of $47.  That would be over $7 million in sales for Badass Ventures, Inc. based in San Carlos, CA.

What’s interesting about the mechanics here is that Tao of Badass is not an overt advertiser on the pages of Kickass Torrents.  It just happens to be the default recipient of the lion’s share of generically produced house-ad traffic.  And guess whose books and videos are not available for free download on the Kickass sites? Smell funny in here yet?

But let’s move on to an even more relevant contrast to The Backstory

MLP Asian

Welcome to The Pirate Bay, where a large portion of the ads are like this one:  We Got Asian Schoolgirls, in this case appearing next to a list of episodes of My Little Pony. Now, I understand that particular show isn’t just for little girls, but we’ll leave the phenomenon of the Brony for another conversation. Suffice to say that these ads generally lead to one version or another of a page promoting a “dating service,” which is generally not about dating so much as international matchmaking.  These services connect western men with women in Asia, Russia, Ukraine, etc. So, far, the reviews on these services seem mixed.  I haven’t seen any reports connecting these legal (if a little sleazy) matchmaking services with sex tourism, which is a different enterprise known to involve trafficked sex workers.

At worst, it seems that these sites and services are generally designed to string men along while extracting as much money as possible from them. It doesn’t appear that many happy marriages come about in this way.  And here’s a fun example that you have to love:  the top service and the one most likely to be linked to The Pirate Bay, Anastasia Date, supposedly charges up to $8 per email between the user and the apparently interested woman on the other side of the world.

So, let’s review again. . .

The Pirate Bay provides stolen, free media that users are too cheap to pay for, but  the site is littered with ads designed to entice some of those users to cough up eight bucks an email to correspond with Olga in Odessa, who might actually be Brad in Bangor, Maine (Bangor is where Anastasia International, Inc. is located).  Is it getting creepy in here, or is it just me?

There is no question the Web is very often used as a tool to exercise free expression in unprecedented ways and from nearly any voice.  But when the leaders of that industry presume to claim that our criticism of sites like Kickass Torrents or The Pirate Bay is tantamount to chilling the same right of speech being exercised by the artists behind a project like The Backstory, how does all reason not veer into the abyss of ordinary ignorance?