Solutions

Introduction

There is a huge worldwide battle going on right now involving many different groups or constituencies including:

  1. intellectual property ("IP") owners (and those whose economic fortunes are tied to them),
  2. an assortment of what we call the "advocates" for various causes like privacy, free speech and "net neutrality,"
  3. and those who wish to consume IP for free (read a few representative opinions expressed by these kinds of folks on their "right" to steal music). We call this group the "thieves."

Groups two and three are inextricably linked, though group three doesn't necessarily know that group two even exists—they just want free stuff.

Caught up in all of this are the internet service providers ("ISPs") over which the IP theft is taking place, politicians who are being pressured to do something about it, government agencies (like the FCC in the United States), computer companies like Apple whom have gotten involved in the music business, or Google whose search engine is constantly used to find content to steal and whose stake in Youtube, a content delivery system motivates them to weigh in, etc.

A final group of course are the "profiteers" who are making a killing off of the theft of intellectual property. (See here, here, and here.)

The Forest for the Trees

There is also considerable passion and even anger exhibited in this debate and a great deal of disdain, ridicule and just flat out disbelief. The different sides see things very differently and don't understand the others' point of view.

But, what should not be lost in all of this is that untold criminal activity is taking place, No one really disputes this. They may take the position and argue vociferously that downloading copyrighted IP shouldn't be illegal, but that very argument belies the fact that they know it is currently illegal in most jurisdictions. That's the "forest" and that's what we have to keep our eye on.

Too often, the dialog breaks down into an internecine war of words about the fiendish record companies and movie studios and rich greedy artists and actors or lousy quality or antiquated delivery systems, or clinging to the old distribution model, or unwillingness to adopt a new distribution model, or heavy-handed past enforcement efforts, or the dog ate my homework or whatever.

Another favorite is that industry unit sales in the music business are up so all is well in the music world and illegal downloading is not even the culprit, so what's the stink all about. Of course, this argument ignores the 42% revenue slide (in the US) over the last decade, or almost 60% if we account for inflation, or down 70% if we account for inflation and compare current sales to what sales would have been assuming a modest but "normal" sales increase of a measly 3.75% per year. (For those who want to argue that IP theft is not "hurting" the music business and point to industry "unit" sales as their "proof," click here.)

The Kabuki Dance

In our view, the biggest obstacle to reaching a compromise and a solution is that three different constituencies: the profiteers, the theives, and the advocates may realize and accept that massive intellectual property theft is happening and that it's wrong, but truly, they are playing lip service to stopping it.

Every solution proffered is shot down. Or, they suggest a solution like "voluntary collective licensing" which does not require compliance (hence the "voluntary" part) so, essentially it's not a solution. It's another blind alley for the IP industries to run down for awhile and put off the day of reckoning when this problem is actually going to be responsibly dealt with.

So, We Are Not Talking About If But When & How

So, let us cut through all the BS. This is going to happen. In fact, it's already happening.

  • France implemented their "HADOPI" law in 2010 which is a "graduated response" or "three strikes" and your internet connection is cut off as is your access to any other internet service provider. While we believe "Three Strikes" is a half-measure too, it's better than nothing and a step in the right direction. (Read more on what "Three Strikes" is and our thoughts on it here.)

Technical Solutions

page revision: 45, last edited: 03 May 2010 11:00
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