Dr. King & the Public Domain

Every time a Martin Luther King anniversary comes around, the anti-copyright armada is well armed with blogs and articles decrying the indecency that the civil rights leader’s words and recordings are not in the public domain.  And never one to miss such an opportunity, even while missing the point, Mike Masnick at Techdirt insists that Dr. King’s “I Have a Dream” speech should no longer be protected by copyright controlled by the King estate.

You know the speech, right?  Who doesn’t?  We celebrated it’s 50th anniversary yesterday, and it’s only one of the most famous pieces of oratory in world history.  Yet, despite the fact that Dr. King’s words managed to attain osmotic universality long before the invention of YouTube, one gets the idea from reading Masnick’s post that without “sharing” the speech through social media, it might simply vanish into oblivion.

I understand the sentiment.  After all, these words feel like public property, and they were among the many gifts King gave to humanity.  So, is it really fair that the King family can manage or even license this speech and “sully” its legacy with money?  It is.  And the primary reason should be obvious:  because YouTube doesn’t belong to the people, it belongs to Google; and Google monetizes every click. That means Masnick’s idealistic musings that sound humanistic are already sullied with money, except that in his world, the money would be Google’s, and the King family would get zip.  How is that more fair or better serving the public interest?

The internet industry has done such a thorough job of telling people that the web belongs to all of us, we actually believe it.  Masnick’s title “Let Freedom Ka-Ching” is admittedly clever, but it’s also hypocritical.  He mocks the tawdry commercialism of licensing King’s emancipating words for use as a ringtone and cites Professor Boyle of Duke University, who also mocks such use; but why is the alternative better?  If I made an homage mash-up that earned millions of views on YouTube, why would it be any less tawdry for Google to advertise fast food against it?  Go a step further:  what if a white-supremacist group creates a racist mash-up with the speech that generates millions of views, and Google sells ads against that? The King family would be powerless to do anything about it, and Google would keep the video online because it’s “free speech.”  Ka-ching!

We keep forgetting that copyright is often about preserving the integrity of works, and not just about money. Estates have long played the role of curators who protect the legacy of authors’ works, and we dismiss the value of this at our peril, even as we mock the idea of “I Have a Dream” as a ringtone. I happen to think a ringtone is not a bad use as uses go, but that’s another conversation.

The web moves fast, it favors what “trends” and not necessarily what endures.  There is no evidence to suggest that my fellow Americans are any more enlightened or have more ardently embraced the goals of the civil rights movement because of social media and so much jittery sharing of things.  Worse yet, can we say for certain that a generation or two from now, the legacy of King would not be mangled through reuse beyond all recognition?  The answer is no we can’t say that for certain because we’re making assumptions based on technologies and social trends that are less than a decade old.  And we have seen plenty of evidence that what goes viral is not always accurate or valuable.

I for one think Martin Luther King, Jr. already gave us plenty; and access to his works is anything but limited.  You might have to get off your butt and go to the library, but considering how far he walked, that doesn’t seem like a lot to ask.

Rime of the Corporate Manager

“Nor any drop to drink.”

It was a year ago this week that I first launched this blog, and when a friend shared the above video the other day, it reminded me why I choose to write about digital-age issues, the rights of artists and creators, and the assertion of the humanistic over the technological:  it’s because I believe the economics of the internet  too often reflect exaggerated corporate values disguised as social values.  I’ve produced videos similar to this one, have sat down with CEOs to record no small amount of gibberish in my career, but Nestle CEO Peter Brabeck-Letmathe appears to be a paragon in the art of believing one’s own bullshit.  When a guy calls “extreme” the assertion that water is a human right, it’s probably time to break out the pitchforks and torches. If the molecule that makes all life possible isn’t a human right, then there are no human rights. Of course, Nestle has long been featured in many a rogues gallery among watchdog organizations for a range of abuses around the world, including its purchase of cocoa harvested by child slaves in Africa.

There’s nothing wrong with corporations, just corporate culture; and it’s my belief that for about a half-century, we’ve been nurturing a mindset so detached from social responsibility that it should really be no surprise when executives at the top of the hill espouse viewpoints bordering on depravity. More to the point, this dissociative behavior is not exclusive to wealthy CEOs. For everyone you know who might want to defenestrate the architects of the mortgage-backed securities fraud, you probably know just as many people who privately think, “I wish I’d been in on that.” And the truth is these corrupt bubbles are often pumped up as much by greedy individuals and small entities tailgating the bigger players in these schemes.  We have trained ourselves to pursue short-term, high-return ventures regardless of their value or toxicity to society overall. And the sad reality is that the economy we have fostered leaves us with little choice other than to become social cannibals. As the middle class in the developed world is hollowed out by the schemes of the uber-wealthy, those in the middle begin to recognize that a modest and sustainable existence is nearly impossible; and so we become schemers ourselves, assuming that the only security lies in rapid wealth accumulation by whatever means. Victims be damned.

I have believed for a long time that our economic woes are cultural more than they are systemic, and if this is true, it means things will have to get really bad before a new generation redefines its principles out of necessity.  And that brings us to the massive influence of Silicon Valley and the many populist promises of Web 2.0.  The marketing is an ongoing montage of human potential, entrepreneurism, innovation, global connectivity, and a better quality of life for more people — all set to the tune of some world-music anthem. To watch the commercials, one gets the idea that all we need is to endow every individual with a smartphone, and human potential becomes limitless. If we just plug in, we can all live beautiful, upper-middle-class lives, dress like hipsters, and share our beautiful experiences with one another through social media.  Meanwhile, I meet more American millennials who have no idea what they want to do with themselves, partly because jobs are scarce and the market is flooded with educated people.

The underlying message emanating from the internet industry is indeed one that promotes tearing down existing systems (i.e. “barriers”) because technology “empowers the individual.”  And there is some truth in these promises evidenced by many entrepreneurial and grassroots enterprises that would not exist without the digital revolution; but there is also an illusion of personal empowerment that I think blinds many to the same old corporate interests behind all the feel-good PR.

My concern is that the internet industry, both tangibly and ideologically, represents everything that’s already dangerous about corporate culture, only on steroids. Take a step back from the apparent vastness of the web and consider how few major corporations profit from most of our activity.  Name another Facebook.  Name another Amazon.  Name another Google.  Web 2.0 is a highly circumscribed environment owned by a small number of corporations that don’t employ very many people. Moreover, if we’re going to be brutal about it, the most successful web business are fundamentally exploitative in nature. Whether we’re talking about social media, a news aggregator, music streaming, some sophomoric diversion site, a YouTube, or a torrent, the business model is clear — drive traffic to paying advertisers without investing much or anything in the production of content.  This is the underlying reason why the industry is antagonistic to intellectual property (and sometimes even privacy) rights — because such constructs are just a nuisance to the money-for-nothing model that is the foundation of most of these self-proclaimed innovations in the market.  “Water is not a human right” is a message that supports Nestle’s bottom line. “Privacy and IP aren’t civil rights” are messages that support the bottom line of most high-profit web companies.

We may be in danger of very rapidly expanding the WalMart model throughout multiple sectors of the economy by having too much faith in these technological promises. The big-box retailer is monopolistic and exerts excessive pressure on suppliers.  As consumers, we see lower prices at the store but too often fail to realize that we’re part of a vicious cycle that actually leaves us with fewer dollars to spend in the first place and even forces manufacturers to export labor overseas where workers may be mistreated in the production of inferior goods.  We see this same, unilateral bargaining power as Apple’s new music streaming service negotiates licensing rates with the major publishers; we’ll see it as YouTube negotiates with entities like the NFL and as Google inserts itself more directly into the filmed-entertainment business.  Instead of diversity and competition, which the web promises, we seem to be fostering consolidated wealth and power not seen since the days of John D. Rockefeller. And although many people have come to look at the WalMart model holistically, we still tend to look at web enterprises only as consumers benefiting from all the cheap and free stuff.

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Photo by Haje

There are social, moral, and financial reasons to be wary of our exuberant embrace of models that rapidly devalue goods and services, or principles like privacy, intellectual property, or common decency. Nevertheless, every day, some lobbyist or paid consultant or academic with a book to sell will extoll the value of devaluation. Not only do many of these theories remind me of Mr. CEO of Nestle defining water as a “food stuff,” it reminds me of an old joke . . .

A guy buys firewood at $1.50/lb and sells it to his customers for $1.25/lb. When he realizes he’s not making any money, he decides he needs a bigger truck.

Common Grounds: Coffee Houses & Copyright Review

coffee sepiaI am presently ensconced in what I expect will become my new morning writing venue — a local coffee house/bakery located just a few miles from my alma mater, Bard College.  Like other establishments of its kind, especially those in proximity to very liberal, liberal-arts colleges, this place is steeped in the atmosphere of social consciousness. All the coffee is fair-trade, as is the chocolate used in the baked goods and confectionaries made on site. Posters adorn the walls advertising the fair-trade collective supported, depicting photos of Latin American and African workers enjoying the fruits of their labor rather than suffering the deprivations of many who harvest or produce the goods we consume.

It’s August now, but the Bard students will be here soon, gathering in ebullient clumps to study and socialize; and regardless of their majors or career goals, anecdotal evidence suggests that their sense of social justice will be an even more prominent component of their life plans than those of my friends and mine when we were here as students.  In the 1980s, we were mostly hoping Ronald Reagan wouldn’t start WWIII with nuclear weapons, but today’s digitally connected generation appears anyway to be more instinctively aware of their role as global citizens — that choices made in pampered, western life can directly affect the well being or suffering of individuals halfway around the world.  Of course, even this kind of consciousness only goes so far as it is nearly impossible to live in the developed world without inadvertently benefitting from exploitation in the developing world (see your iPhone), but at least the trend toward thinking globally and acting locally is common in the next generation, and I think it’s fair to credit social media as a catalyst in this case.

My new morning haunt is also a venue for local musicians to perform; and near the entrance is a sign reading, “Play what the people like.  We own every license there is!”  Below this, the BMI, ASCAP, and SESAC logos are displayed.  The sign isn’t very prominent, many people won’t even notice it no matter how many times they walk through the door; but it would not be out of place if it were hung next to the posters of thriving coffee, tea, and cocoa harvesters.  license signI’m sure the owner of this shop was simply following the law when he bought the music licenses, but whether he knows it or not, the sign about the music is entirely consistent with the non-exploitative ethos of the business. Despite the raw tonnage of gibberish that has been promulgated on the subject of media piracy as a “new model,” there is not one idea yet proposed that is anything more than a hypocritical contradiction of the same social consciousness that wants to promote and acquire fair-trade goods. So, with regard to media consumption, the next generation has to decide whether or not they can agree that exploitation is universally wrong while recognizing that some of the “innovation” that has been brought to you by Web 2.0 is merely the acceleration and expansion of junk business.  Check your SPAM filters.

On August 1, the House Judiciary Committee held its third round of hearings in the process leading up to comprehensive review of copyright law, and the witnesses invited to testify were supposed to offer various points of view on digital-age innovation and, in theory, make a case for why the present copyright system stifles said innovation.  The witnesses were as follows:

Ms. Danae Ringleman
Founder and Chief Customer Officer
Indigogo, Inc.

Mr. Jm Fruchterman
President and CEO
Benetech, Inc.

Mr. Nathan Seidle
CEO
SparkFun Electronics, Inc.

Mr. Rakesh Agrawal
Founder and CEO
SnapStream Media

Mr. Van Lindberg
Vice President of Intellectual Property
Rackspace Hosting, Inc.

Each witness represented burgeoning, intriguing, and humanistic business ventures, but not one witness presented a single, declarative statement as to what specific mechanism(s) in the current copyright system act as barriers to innovation.  Absent such testimony, and in light of the fact that all of these individuals can boast thriving  and legal businesses, one might only conclude that copyright in general must not be the proverbial monkey wrench holding back the future that people keeping saying it is.  This might explain why several of the witnesses, when pressed with direct questions from the committee, were quick to change the subject from copyright to patent law.  In fact, by my estimate, roughly half the hearing was devoted to discussion of the patent system, and I wouldn’t be surprised if some of the committee members had to double-check the name at the top of their briefing documents to make sure they were in the right room. We’re used to seeing this in public debate — certain technology interests assailing the principle of intellectual property in general, toggling between copyrights and patents at will — but I was surprised to see it happen in a Congressional hearing and do hope copyright review will become more focused on specifics going forward.

On the other hand, we could streamline the process, if we take a lesson from my new, local coffee house.  If the next generation of socially conscious citizens in the developed world simply consumes media the way they consume coffee, tea, and chocolate, we might save ourselves hours of misdirected testimony that is sure to come.  If people choose to marginalize media piracy to an exception, we will reduce the vague and vacillating assault on IP as a general concept and open the floor to frank analysis of what does and does not work in these legal systems.  Sadly, though, reports like this one by Helienne Lindvall indicating music piracy is most prevalent among the wealthy reveal that privilege too often begets a sense of entitlement that selectively overrides social consciousness. Among the hundreds of Bard students who will soon be tromping through here, most of whom will be art majors, I do wonder how many of their smart phones will be filled with music or filmed entertainment downloaded from torrent sites. Correct this one hypocrisy, and the debate becomes so much simpler.