Stephen Pollard
The man, the films, those blondes. Free DVD collection starting this Sunday
More often than not, it's the seemingly obscure that has the most lasting influence on our lives. In the 1960s a man called J.C.R. Licklider at MIT started thinking about the esoteric subject of communication between computers. That idea changed the world.
Few people would consider that Andy Burnham, the Culture Secretary, is a man capable of changing the world. But the Green Paper he published last week, which demanded that internet service providers take responsibility for policing how their customers use the internet, is a harbinger of a profound change in economic life.
Every year six million Brits download pirated films, TV programmes and music. One illegal site offers the latest films for £1.50. In legal theory, they are copyright protected and their owners decide when and for how much they can be bought. In illegal practice, they can be downloaded for next to nothing.
A few years ago ISPs could have monitored downloading activities by their users. But such has been the growth in the number of internet users and the capability of their programs, that holding ISPs responsible is almost like holding British Telecom responsible for the content of every phone conversation.
As technology advances, the economic model on which copyright protection is based changes by the day. Traditional forms look increasingly like old models for an old world. Ways of recouping investment and rewarding innovation still have to be found.
Take films. If pirate copies can be downloaded easily, studios have to develop new ways of ensuring a return. Today no Hollywood studio allows legal downloads of the best, most recent films; the pirates have an open goal. A prerequisite is thus to get online properly. And then to be reasonably priced.
But the new world of intellectual property lends itself to counterintuitive thinking. The pirates charge for their downloads. So how about studios simply giving away films, but with some kind of accompanying advertising - the model many websites use?
Last Thursday Microsoft, whose name is synonymous with the existing model of copyright protection, underwent a revolution. It suddenly released more than 30,000 pages of previously rigidly protected software protocols.Microsoft recognised that instead of always fighting to hold on to some of its intellectual property, it can do even better by allowing other developers to adopt and adapt its software.
The new world of intellectual property can seem like a looking-glass world. But sometimes, giving away some of your property can help you to make money.
Stephen Pollard is president of Centre for the New Europe, a Brussels think-tank.
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I agree with Gordon from Glasgow: ISPs should not be liable for the behaviour of the users.
They shoudn't go for the downloaders, but for the the uploaders, the sites that host illegal files (Rapidshare, Megaupload, etc.), and the sites that host the downloading URLs (Blogspot, Wordpress, etc.).
Before Internet, CD-Burners and mp3, we all used to buy CDs (DVD was not available yet) and nobody complained at all.
Today we live in a culture of pillage where people want everything for free, having the benefits of comunism without it's obligations. But in comunist societies things aren't for free: you must work to have anything.
Guillermo Costecho, Mexico,
It's blatantly clear that the way forward is to use advertising to increase revenue. You just can't stop some gray and not so gray copyright infringements; if I buy a film and than lend it to my neighbour who has bought a different film which he lends to me, who is to stop this sort of activity?
Another aspect of the film making industry, which is directly linked to this issue as film companies claim that they have high costs in producing films, is remuneration. In which industry can you be rewarded with a seven or eight figure return for six month work which doesn't exactly require seven years of training. Many actors make more than brain surgeons, top lawyers and bankers whilst on the other hand many actors wait on tables in LA and will be happy to get their first shot at fame. In todayâs age of outsourcing for cheaper labour this should be reflected in the entertainment industry by actors being remunerated more in tune to economic conditions.
If the remuneration of actors will be limited to six figures, which is still brilliant money for a few month of work, it will reduce their costs whilst the actors concerned wouldnât be exactly starving.
Joe Harp, London, UK
Pollard is right. People think IP protection is about ensuring that creative labour is rewarded. In fact, most IP cases are about large companies intimidating little ones over dubious alleged infringements. In many cases the real or putative IP holder has actually lifted the concepts or technology from someone else who never benefits - this applies as much to music as software, although the battle between Apple and Microsoft over the GUI that was actually Xerox's invention still holds a special fascination.
By attempting to possess and control everything we deny any common wealth of information which could spur interest and creativity, especially among groups too poor to buy access to it. This attitude to IP is counterproductive: a recent Canadian survey showed that people who downloaded music illegally also purchased more CDs than any other group.
How does prosecuting children for downloading with no commercial intent to defraud help anyone? We need a new deal for IP.
Richard, Horley,
I still enjoy the cinema experience and i'm happy to pay entry to watch a good movie on a big screen with popcorn.
The music and movie industry need to provide economical download services offering quality files encoded in open formats that consumers can play on any device(s) of their choosing.
Once the legal download services represent a viable alternative (in cost and service terms) to the so called "illegal" ones studios will see their profitabilty increase massively oweing to the global economies of scale the internet enables.
Steve Edwards, Telford, Shropshire
If I could download a new movie, at say £6 (the same as going to the cinema), from a decent server, I would be happy to pay. After all, I'm paying for the recordable DVD and the electricity, and a fancy case if I want one. However, this facility doesn't exist. So I either have to pay shop prices or download illegally. If I download illegally, the chances of me getting caught and punished are minute and the maker of the film gets nothing. Make it available for a reasonable price and we both come out on top.
David Leslie, Perth, Scotland
1) The APIs which MS published last week have always been readily available to registered MSDN members. The only change here is the conditions under which they are being published.
2) All of the "free IP" models fund the creators of IP through subsidy, whether it's through advertising (resulting in irritated customers and higher prices for the advertised goods in the shops), or paying for stuff which really should be free, such as customer support (the conflict of interest when this model is applied to software, such as Linux or GNU is so blindingly obvious I won't labour the point). I've never known subsidy (except in the special case we know as "patronage") be anything but bad news for consumers.
Plumbers, bricklayers, chefs - all are entitled to a fair days pay for a fair days labour. What's wrong with those who labour to create IP?
Ian Kemmish, Biggleswade, UK
I would have expected the head of a think tank to know it's not actually a Green Paper, but a positioning paper, and that it has not yet been published.
Martin Bunger, Coventry, UK
Having the internet providers take responsibility for people breaking the law is like asking Ford to take responsibility every time one of their cars breaks the speed limit.
Gordon, Glasgow,
A lot of computer software users go buy pirated copies of software just to say they have the latest version and may only use the most basic functions of that high end software, if they had to pay for it they would buy lower spec systems with very basic free packages on them, many users have found the advantages of high end software and encouraged their employers to purchase the product to improve productivity, I know this as I lent my MS Office to a manager of a company in the days of v4, we designed layouts to fill in forms on computer then print on dot matrix printers instead of typewriters, the multi millionaire owner was so impressed that every computer in all his busineses had licensed copies of Windows and MS Office and I helped them keep track of all pakage licenses to keep everything legal, I also introduced many more businesses to this type of software who also used licensed versions. I also introduced several firms to tape backup drives and sortware, it was only my hobby.
Contax, Brigg, UK
Time will tell whether MS are actually embracing openess or laying down some kind of "trap" - given their history, including attempts to scupper Linux through indirect ownership of code involved in UNIX, I would not trust them farther than I could throw them.
The film industry will do the same as the CD industry and not embrace the new technology until forced to do so - and who can blame them - which CEO wants to be first to tell shareholders that you have to give stuff away, when the current model still produces good profits even with the pirates (and allows them to blame the pirates if the figures are not good) ?
Andy Ralphs, New Plymouth, New Zealand