First, let's get back to basics. What is the real objective here? Copyright and ownership of intellectual property are not ends in themselves, but means to a larger end. This larger end, is clear in the Constitution: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
- Thus copyright is clearly only a means "To promote the Progress of Science and useful Arts."
- It would be foolish to apply measures to protect copyright that impede "the Progress of Science and useful Arts" more than they promote it.
The problem with PIPA and SOPA is that they seem to overstep the objective, and to enhance a means at potentially high cost to the desired end.
- The real issue is that the Internet has facilitated piracy to the point that it threatens the ability of creators of writings and other arts to earn reasonable compensation for their work, and thus threatens the progress we seek for society. If creators lack fair compensation, fewer will create, and society will lose.
- We (society) support IP ownership to the extent that it is good for society, not the other way around.
Fairness and Piracy:
Robert Levine's "Free Ride" provides a nice summary of many of the issues of piracy, and makes it clear that some level of piracy is inevitable, with a level that depends on a number of factors, including:
- The ease and effectiveness of piracy relative to any issues of quality and risk.
- The ease and effectiveness of legitimate sources.
- The cost of legitimate access (relative to piracy)
- Social and ethical factors relating to the legitimacy of the IP owner, and the fairness of stealing from them (stealing service, not bits).
It is well known that the Internet has shifted at least #1 and #4 toward piracy.
I suggest the real solution is not laws and other efforts to shift #1 (although some modest improvement may be gained), but to shift #2-4, and especially #4. The value of shifting #2 and #3 are well known, and summarized by Levine. What is less clear is how important #4, fairness, is.
Robin Hood, FairPay, and the death of piracy
As described elsewhere on this blog, FairPay is a new model for transactions related to copyrighted content that lets buyers pay what they think fair, within limits.
- When buyers can buy legitimately for a price they accept as fair, the cost becomes a non-issue. Those who have limited means or get little value can still buy for a price that considers those factors fairly.
- When buyers can buy legitimately for a price they accept as fair, the fairness of piracy becomes clearly insupportable for all but the most sociopathic. It is hard to argue that "information wants to be free" (as in free beer), when it is free enough.
Piracy is a tax imposed by the people on sellers of IP, a Robin Hood tax. When the price of content seems onerous, people feel they should not have to pay for it, and piracy appears justified. It is seen as noble for the poor to steal from the oppressive rich.
Killing the demand for piracy, not the supply
As with any illegitimate product, it is generally easier and more effective to reduce demand, not to choke off supply. That is best done not by legislation, but by making the legitimate alternative more attractive.
There are a number of interrelated levers to move in that direction:
- FairPay pricing is a significant step in the right direction, one that also supports the following steps. It makes prices more suited to individual buyers needs, values, and ability to pay. Copyright owners are given the right to extract "monopoly rents," but must balance that with the quid pro quo of society's desire to benefit from their creations.
- Making sellers more legitimate in the eyes of consumers is also a major factor. To the extent the IP owners are seen as evil and rigid, faceless corporations that exploit their consumers (and their creators), it is easy to justify stealing from them. Showing that they listen to consumers and can be flexible in pricing will greatly increase perceived legitimacy and deservedness.
- Getting sellers to be more clearly respectful of creators can also have a big effect. Many studios (such as music labels) are perceived as sharing little of their profit with their artists. While they do have real costs of nurturing, marketing, and managing, clearly the Internet is shifting that toward what Seth Godin calls "skinnier" models. IP aggregators must either get skinny, or demonstrate why they deserve the share they get, and be transparent about how much they share with the creators.
FairPay is not essential to all of these levers, but it can contribute significantly to all of them.
When buyers set prices, no man will be a pirate. That may not be true in every case, but it is true enough.