Copyright Industries Top $1 Trillion Again

Last year, the IIPA (International Intellectual Property Association) released a report revealing the landmark moment for the core copyright industries, which for the first time, had contributed over $1 trillion to the US economy.  And with this week’s release of the IIPA’s 2014 report, copyright has broken the trillion-dollar mark again and continues to outpace the growth rate (3.9%) of the national economy itself (2.25%).  Employing nearly 5.5 million Americans with solid middle-class incomes, the core copyright industries employ nearly 5% of all private-sector workers in the United States.

Core copyright industries include books, music, motion picture, radio & TV broadcasting, computer software, newspapers periodicals and journals, although these are not wholly representative of all media-based enterprises that can make use of copyright protections.

When last year’s IIPA report was released, I dared copyright’s antagonists to “spin this,” and although I’m sure they weren’t responding to me personally, spin it they did.  Well, they tried.  It’s tough to argue with a trillion dollars worth of GDP, even if you attempt to question a million here and million there.  So, I won’t be surprised if copyright’s antagonists either let this one go without comment or dust off the argument that the economic growth stated in the report “cannot be attributed to the fact that the works produced by these industries enjoy protection under copyright.”  This is bizarre logic that seems to skip the obvious point that this economic assessment accounts solely for the transactions in which copyrights are respected and/or enforced.  To quote the report’s introduction:

“Despite the robust achievements of the copy- right industries during the period covered in this Report, significant challenges remain. The copyright industries derive a growing percentage of their revenue from the digital marketplace. Problems such as online piracy and unlicensed uses of copyright materials, as well as market access and other discriminatory challenges, inhibit the growth of these markets in the U.S. and abroad. Economic reports such as this one underscore what is at stake. They provide a compelling argument for more effective legal, enforcement, and market access regimes to promote and foster the growth of the copyright industries throughout the world.”

Yeah, I suppose we could weaken copyright and see what happens to that trillion dollars, but does that seem like a good idea?  More to the point, should we do so in order to create an unregulated playground for Google and Facebook, which combined employ about 45,000 people worldwide?

In response to Caitlin Dewey re. TPB

Photo by GlobalIP
Photo by GlobalIP

Dear Caitlin Dewey:

I have read some really dumb, cloying, and earnestly written ideological gibberish in the past three years,  but you have reset the bar with your recent love letter to online piracy.  To be clear, I am confident that piracy itself is a serious problem for both culture and the economy, but this particular disease is nothing compared to the metastasized cancer that has scrambled brains like yours into believing that piracy is actually about something.  You write, “See, the Pirate Bay is as much an idea and an orientation to entrainment media as it is/was a torrent-tracking site.”  Really?  Are you so culturally illiterate that you don’t know a cheap sales pitch when you hear one?  The boys of TPB are not the first thieves in history to justify their crimes by claiming to be leading the world toward some New Jerusalem.  And being a sucker for that message is more socially toxic than the piracy itself.  If you’re going to pirate media, then have the intellectual honesty to say “I’m stealing and I don’t care.”  And then shut up about it.

Piracy isn’t an idea or an ideology or a principle.  It’s a cheap, tawdry, and frankly sexist (note the ads) enterprise of lazy opportunists who profit from other people’s hard and real work.  Profit is why the Pirate Bay and sites like it have existed; and consuming media for free is why people use these sites.  It doesn’t take a degree in psychology to understand either the “buy” or the “sell” side of these transactions, which make pirate sites profitable; but if pundits like you would at least spare us your banner-waving social revolutionary horse shit, then perhaps actual thought might survive this digital slaughter bench of reason that seems to flip your proverbial kilt.

Again, you write:  “But even if TPB doesn’t return, the politics and the conventions it advanced — that content should be free, and if you torrent, they can be! — will be very difficult to eradicate.”

That’s positively adorable, like something a child might write, especially the way your ebullience almost masks the lack of subject/verb agreement.*  But that’s the thing, Caitlin, writing is work, and good writing is hard work.  And so is making music, television shows, and motion pictures.  And it is not in fact the Internet “created by The Pirate Bay” that enables you to jump on this facile bandwagon and spill out a few hundred words for The Washington Post.  In truth, you are able to get up in the morning, buy yourself a latte, and have at it with your keyboard because you live in a society in which free people are rewarded for their labor by compensation.  And that fundamental, economic principle has a hell of a lot more to do with the freedom you claim to love than does your petulant desire to watch Game of Thrones without bloody well paying for it.

 *NOTE:  To be fair, Dewey’s error is a singular antecedent with plural pronoun, which sounds like subject/verb disagreement but isn’t quite.  See, good writing is hard work.  Thanks to one reader for noticing.

Kim Dotcom & the Illusion of Freedom

I’m still stuck on the following dependent clause:  “In a dramatic series of tweets,…”

I can’t help it. That’s just funny.  Because for me personally, the verb tweet will never quite convey the kind of gravity that begs for an adjective like dramatic.  But that’s just my personal taste for what Roy Blount Jr. calls “sonicy” in discussing the correlation between the sound of words and their meanings.  Nevertheless, “In a dramatic series of tweets,” writes Kaveh Waddell for National Journal, the infamous Kim Dotcom declared himself “HIlary’s worst nightmare” with his vow to establish a foothold for his New Zealand Internet Party here in the United States – a party that has yet to gain an actual foothold in New Zealand, by the way.

One might think that Dotcom’s status as a fugitive from U.S. justice, continuing to fight extradition for mass intellectual property infringement, racketeering, and a few other charges, would preclude his laying the groundwork for a new political party in this country, but we do live in strange, some might say psychotic, times, so never say never.  At least never say never about what Dotcom represents to some people.  I think it’s safe to say that Kim Schmidtz himself has no future in American politics in any literal sense and is unlikely to be Hilary’s “biggest nightmare,” if Mrs. Clinton decides to run in 2016, but this particular corpulent criminal still spews a rhetoric that resonates with young and understandably frustrated American citizens.  And by rhetoric I mean an echo chamber from which there is no escape.

I know what the Green Party is, but what the hell is the Internet Party? It makes as much sense to me as the Paved Sidewalk Party. The “internet” is a work of infrastructure.  The current manner in which the internet is used is not the only way in which it could have been or can be used or might be used in the future. In fact, the design and economics of Web 2.0 are in many ways an aberration of the visions of some of the web’s early pioneers.  The internet had its roots in sharing information among colleagues, in openness, and in building a better world through information, but that is not quite the internet we have today.  The internet we have today belongs to a handful of corporate owners, who more than a decade ago, traded in any lofty visions they might have had for the wealth derived from advertising and the power derived by designing the most sophisticated, yet ironically voluntary, surveillance state in global history.

Kim Dotcom himself may be a joke (let’s hope so), but the rhetoric he coughs up, the rhetoric still being shouted from Silicon Valley is in reality just the cosmic background noise of long-exploded dreams of the digital pioneers who no longer influence the evolution of the web we are using. I believe that many people are desperate for new answers, fed up with government both left and right, and continue to buy this premise that “a free and open internet,” the central plank of any Internet Party, is essential for a more progressive, less authoritarian future.  But who defines what a “free and open internet” is?  Should such a political party become manifest in the U.S., that definition will surely come from the financial backers of that party, and they will be the same plutocrats whom we empower and enrich with every tweet, text, status update, and agreement to their terms of service we don’t bother to read.

The EFF’s Maria Sutton yesterday wrote yet another post asserting that the DMCA, the legal mechanism used to request takedowns of material that infringes copyright is the quickest and easiest way for “state officials to censor online speech.”  Hmm.  The documentary film  Terms and Conditions May Apply highlights three or four cases in which citizens were subjected to, shall we say, unfortunate encounters with various authorities resulting from innocuous posts and searches online.  The lesson is that privacy is dead, any of us can be un-anonymized, and companies like Google and Facebook are not only profiting from all our voluntary data sharing but are the surveillance database for the government agencies we’re supposed to be concerned about.  People like Maria Sutton write articles about videos on YouTube being taken down, even temporarily, as though to imply that this kind of “censorship” is the leading edge of a slippery slope.  But anyone who thinks this way doesn’t realize we’re already in the middle of the avalanche. A free and open internet my ass.  Sutton even cites one anecdote of a takedown in Saudi Arabia without any acknowledgement that free speech in that country has a long way to go past its murderous history before we need to worry about the temporary removal of some videos from YouTube.  People get shot for speaking their minds, and speech somehow survives.  And in the U.S., where speech is everything, our overvaluation of these social media toys, as though speech itself depends on their unfettered existence, is probably the fastest way to bring about the end of free speech because it’s not a one-way street.  These platforms enable us to, as my son says, “spy on ourselves.”

And the real irony of this misguided premise — that it’s those bastard copyright holders who foster censorship — is that intellectual property rights are about the only thing left that Google, Facebook, et al can’t quite get their hands on.  We’ve already ceded privacy and potentially some rather more serious expectations of civil liberty.  After all, there is no legal guarantee of privacy, and by volunteering information through social media, we actually waive our 4th Amendment rights with regard to government use of that data.  But intellectual property law remains.  It says that what I author belongs to me, and you can’t have it unless I say so.  Kim Dotcom made millions breaking that law and called it “freedom,” and the tech billionaires who would back an “internet party” would like to see those laws gone.  They’ll tell you it’s for the good of society.  I say, it’s because it’s the only form of speech left for them to steal.