Category Archives: Entertainment

Civil Conversation on IP

T-Bone Burnett and I ventured into the academic lion’s den at MIT on Saturday and had a remarkably civil conversation about piracy, IP, fair use and other touchy subjects. Much of the thanks have to go to my colleague Henry Jenkins the founder of the Futures of Entertainment Conference, who both guided the conversation and provided a constant reminder that in a participatory culture notions of fair use are critical to enhancing creativity. Bone and I made the argument that the main problem that can be solved without legislation is for brands and advertising networks to stop sending millions of dollars of advertising to pirate sites run by organized criminals like Kim Dotcom. This of course put both the Google folks in the audience at FOE 6 as well as some of the branding agencies, in a defensive crouch, accusing us of whining. Questions were posed as to why Google would be interested in helping the music or movie industry at the sacrifice of profits to their own bottom line.

Henry Jenkins’ notion is that there is no reason for technology, content and academia to be in conflict over these issues. We were able to talk both passionately about the right of artists to get paid for their work and the right of the participatory culture to take sections of an artistic work and remix it for non-commercial use. This is real progress and my hope is that the bombast surrounding this issue is slowly surrendering to a more civil conversation that can resolve this important issue. I also want to thank our correspondent Len Bullard for his contribution to the conversation. He played the role of our trainer before the debate brilliantly.

Economics of Culture

The New York Times ran an article this morning entitled “Movies Try to Escape Cultural Irrelevance”. I had to smile because I have been thinking for a while about what is going on culturally in our entertainment universe and trying to ponder how the economics of various distribution platforms determine the daringness of what gets produced. It is clear that the cultural conversation today is around TV and not the movies. The movie business has long since surrendered to producing cartoon fantasies (Spider Man, X Men, etc) for teenagers while the TV business seems to thrive on serious dramas that plumb the depths of character in dramatically satisfying ways (Mad Men, The Good Wife, Breaking Bad, etc). The Movie industry thinks they have a PR problem, when they really have a content problem.

Several industry groups, including the Academy of Motion Picture Arts and Sciences, which awards the Oscars, and the nonprofit American Film Institute, which supports cinema, are privately brainstorming about starting public campaigns to convince people that movies still matter.

You wouldn’t have to convince people that movies mattered in 1975, because every week there was a movie that mattered. So what is it about the platform that determines this differential? To begin with, TV still has a business model that works, unlike either the film business or the Broadband Internet distribution business. TV works because it has a limited supply of commercial spots per hour. With increasing demand from advertisers, the price for each spot rises and so production costs can be covered and a profit can be made. Contrast this to the Internet advertising platform. Here you have an infinite number of ad units so that prices never rise even if demand rises.

Google is in essence trying to repeal the laws of supply and demand, which is why their recent financial results disappointed analysts.

Analysts focused on the amount that advertisers pay for clicks on Google ads, a metric called cost-per-click, which dropped 8 percent over both last quarter and last year. Susan Wojcicki, Google’s senior vice president of advertising, told analysts that a drop in average cost-per-click often accompanied an increase in the number of paid clicks on ads, which rose 34 percent over last year.

In contrast, even though TV viewership is down, ad rates have stayed high because of supply constraints. Which leads us to the movie business model.  Unlike TV, movies are a total crapshoot. Each film is a one off product, almost impossible to predict demand. The only possible indicator is sales of a very similar product—thus the sequel. It’s hard to imagine, but the sequel is a relatively new phenomena. No one suggested a Gone with the Wind II or a Casablanca II. But once Star Wars II made more money than the first one, the die was cast and now Hollywood is a crackhead chasing sequels. Of course the agents know this, so the price for talent soars as the number after the title rises. Now a rational business would look for metrics such as return on investment to determine whether spending $200 million on Tron Legacy was a good idea. In that world, Bob Zemekis’ new film Flight, made for $30 million, may seem like the best investment of the year. Whether Hollywood will be able to kick it’s sequel habit is a question, but in the mean time the movies will continue to suffer from a kind of cultural irrelevance and TV will continue to thrive.

The Big Lie

 

Kim Dotcom is the alias of a modern day digital mafioso, who made more than half a billion dollars in the last few years by selling advertising on a site filled with stolen movies and music. Like any mafia lord, Kim hangs out with various low talent artists hoping that a little blow might be left on the coffee table. So today Kim and his lame ass disco music friends have released a song that is on a par with Triumph of The Will for those who study propaganda. The master of the field was Joe Goebbels who wrote “It would not be impossible to prove with sufficient repetition and a psychological understanding of the people concerned that a square is in fact a circle. They are mere words, and words can be molded until they clothe ideas and disguise.”

In his brilliant attempt to square the circle of his fortune built on stealing from artists, Kim equates his struggle with that of Martin Luther King. He attempts to hijack the whole Occupy movement to aid in his redemption. But in deciding that he could make $ million by selling advertising on Megaupload–with an inventory of quantities of stolen digital content–it’s easy to think that Kim Dotcom believed he was above the law. And the sad thing is that huge corporations like Google and Yahoo—some of Kim Dotcom’s early advertising partners–support this kind of conduct by enabling an underground advertising market that funds both piracy and pornography (usually on the same site) in the huge “remnant ad business” on the web. Continue reading

Innovation Is Hard

I’ve read two articles in the last 24 hours that seem profoundly important. Both of them suggest that we are a somewhat lazy species—we aren’t really interested in putting in the hard work to change the world. The first article entitled Infinite Stupidity, by the great evolutionary biologist, Mark Pagel. Read the whole piece, but here is his thesis.

A tiny number of ideas can go a long way, as we’ve seen. And the Internet makes that more and more likely. What’s happening is that we might, in fact, be at a time in our history where we’re being domesticated by these great big societal things, such as Facebook and the Internet. We’re being domesticated by them, because fewer and fewer and fewer of us have to be innovators to get by. And so, in the cold calculus of evolution by natural selection, at no greater time in history than ever before, copiers are probably doing better than innovators. Because innovation is extraordinarily hard. My worry is that we could be moving in that direction, towards becoming more and more sort of docile copiers.

If only a few people in the society have to be innovators and their innovations flow more from ideas than massive factories or deployed capital, then maybe we should be a little more protective of intellectual property. I’ve been having a battle with the Copyleft mob on Twitter (@JTTaplin) over an interview of the doyenne of copying as art, Nina Paley. 

“Intellectual disobedience is civil disobedience plus intellectual property,” Paley explained. “A lot of people infringe copyright and they’re apologetic … If you know as much about the law as, unfortunately, I do, I cannot claim ignorance and I cannot claim fair use … I know that I’m infringing copyright and I don’t apologize for it.”

Ms. Paley cannot claim fair use, because she copies whole sections of other artists work to construct her “original” work. I may have been a little rough with Paley over what she claims to be art, but the main point is that to call this act of theft “civil disobedience” is an insult to Thoreau, Gandhi, and Martin Luther King. What human right is Paley asserting with her civil disobedience? The right to steal other artists work? I don’t get it.

That brings me to the second article, written by one of my favorite writers, John Ralston Saul. Saul is wondering why so little has been accomplished in the half century of the environmental movement. And like Pagel, he reaches the conclusion that we would rather let someone else do the hard work.

We believe we live in an era of facts and of proofs. Yet what we don’t feel able to take on has little to do with those facts and proofs. It has everything to do with a failure of imagination.

The first error has to do with misunderstanding the nature of power. The environmental era mirrors almost exactly that of the rise of the NGOs. Why? The central characteristic of the globalist era is that we came to believe the power of the citizenry had been weakened by the power of economics. We gradually accepted that the power of national politics was therefore limited. It followed that the power to ignore the public good was international and amorphous in the sense that it had to do with broad economic assumptions. In that case, the best way to fight back was also international. And since there were no international representative legislative institutions devoted to the public good, well then, we would devote ourselves to creating institutions that would set the global agenda, our contemporary NGO army.

These new institutions would not have actual power – the power to act. But they would speak for us all, for the shared public good. And those devoted to the international economic interests would have to listen. We convinced ourselves that the persistent sound would be too loud to be ignored by those with power.

Except they didn’t listen to these NGOs. And they didn’t – don’t – have to listen. After all, economics is power. Real power. The NGOs – the new institutions of the public good – have only influence. Influence can have periodic successes. But this is a weak hand to play if you have other options. Imagine if the tens of millions of hours devoted to influencing power and opposing power had been devoted to taking power. Imagine if the millions of NGO members had joined political parties and virtually taken them over. That is how change is actually made – through political parties, elections, governments and laws.

 Think about the Occupy Movement last year. What if all that energy had gone into taking over local Democratic Parties and reinvigorating them with young voters? What if all the culture-jammers who got so upset about SOPA had actually gotten involved politically? But it’s so much easier to sign an online petition.
Pagel may be right that we are engaged in a devolutionary infinite stupidity. But ultimately Saul has the more important point. Economics is power and the only way to counter the control of the 1% over government is to engage in electoral politics. If you are not part of the solution, you are part of the problem.

Let Us Now Praise Famous Men

Forty-three years ago I worked for Levon Helm. I was the tour manager for The Band and in my book, Outlaw Blues, I recounted how Levon changed my whole notion of the “cracker”, a name he proudly embraced.

The first night back in LA the guys brought me down to the pool house and in Sammy Davis’s playroom (complete with giant bed and mirrors on the ceiling) they played me what they had recorded in the three months I had been away. The first tune they played was The Night They Drove Old Dixie Down and by the song’s end, tears were welling up in my eyes. Once in a while works of art open up a window to a world one didn’t understand or didn’t even know. James Agee and Walker Evans had collaborated on Let Us Now Praise Famous Men and it had opened up a window onto the life of the sharecropper. For me and many others, Levon’s plaintive singing on Dixie achieved the same effect, but in three minutes time. For a Northern liberal who had marched with Martin Luther King, all “crackers” were like Bull Connors to me. But the song gave me an understanding of Levon’s world that would last me the rest of my life. I never viewed the South with the same eyes after that night.

Looking back years later, I think the root of that understanding was that Levon could embody a mournful 19th Century Southern cracker in “The Night They Drove Old Dixie Down” and yet live as one of the hippest 20th Century gentlemen I knew, who could hang out with Sonny Boy Williamson and loved Marvin Gaye’s music. The brilliance of the Robbie Robertson song of Southern defeat is that Virgil Caine (Levon’s character in the song) confesses at the end of the Civil War  that “the very best” (including his brother) are dead and “like my father before me, I will work the land” (as a sharecropper?). There is no glory in war and you can’t eat off Dixie pride.

This contradiction embodied in this wonderful man, Levon Helm, is a contradiction we are still living with in America. This is the argument I have with the Techno utopians like Alexis Obanian. 99% of musicians, writers, actors are just “working the land”. They don’t need to get rich, they just want the honor of getting paid for their work. Levon and Garth Hudson made a good living ($150,000 a year) off royalties from The Band’s eight recordings in the 60′s and 70′s up until 2001 when the Big Pirate sites like Limewire and (in 2003) Pirate Bay really got going. And then the record royalties came to a halt. Levon and Garth did not write songs (I was there). Robbie, Richard and Rick did. There is the difference in income.

But the point is that in a normal economy (pre-piracy) Levon would have made a good living for his whole life,  just for having been a brilliant singer and player on all those great records.That was quite enough.

His death hit me harder than I thought it would. Listen to “The Weight” and “Dixie” right now. You will agree he was one of the greats.

 

Censorship Con

A profound reversal in attitudes has taken place in the last twenty years. While in the 1960′s the cries of “freedom” and “liberty” came from Progressives, today it is the right that sees liberty under attack. The campaign rhetoric of the four Republican candidates for President all put the defense of liberty at the top of their agenda. They see in Progressives attempts to regulate bad actors in the world’s of finance, health insurance, or environmental pollution a basic attack on the free market. As Rick Santorum said on Super Tuesday about Obamacare, ”Ladies and gentlemen, this is the beginning of the end of freedom in America. Once the government has control of your life, then they got you.”

I think we need to really consider whether liberty is the value that trumps all others in our society. Let’s take the case of the publisher of backpage.com. 

The biggest forum for sex trafficking of under-age girls in the United States appears to be a Web site called Backpage.com. This emporium for girls and women — some under age or forced into prostitution — is in turn owned by an opaque private company called Village Voice Media. Until now it has been unclear who the ultimate owners are.That mystery is solved. The owners turn out to include private equityfinanciers, including Goldman Sachs with a 16 percent stake…

There’s no doubt that many escort ads on Backpage are placed by consenting adults. But it’s equally clear that Backpage plays a major role in the trafficking of minors or women who are coerced. In one recent case in New York City, prosecutors say that a 15-year-old girl was drugged, tied up, raped and sold to johns through Backpage and other sites.Backpage has 70 percent of the market for prostitution ads, according to AIM Group, a trade organization.

Now the State of Washington has passed a law creating criminal penalties for sites like backpage.com for advertising girls under the age of 18. And what is the response from backpage.com–”Censorship”.

“There’s going to have to be a challenge to it,” said Liz McDougall, general counsel for Village Voice Media Holdings. “Otherwise it would effectively shut down an enormous portion of the Internet that currently permits third-party content.”

Now where have I heard that before? The defenders of Kim Dotcom and the other pirates who have lived luxuriously off the stolen work of musicians and filmmakers around the world, say that any attempt to block these sites is censorship. This is utter nonsense. As I have pointed out before, the issue is not Google or Baidu’s precious freedom, but their precious revenues.

How did we get to this point that the Libertarian rhetoric dominates our political debate? The Village Voice’s liberty to service pimps of underage girls, trumps society’s right to protect those girls from exploitation? The selfish individual’s liberty to not buy health insurance and make the rest of us pay for his emergency room care trumps society’s right to create a working health insurance system? Megaupload’s liberty to host stolen movies trumps the artist’s right to get paid for his work?

As I have said before, we must come off the barricades and stop using this foolish rhetoric of censorship and liberty where it really does not apply. You have no right to free food. Why do you think you have a right to free music? It is time for all the parties involved to sit at the table and figure out some solutions that afford the creators of imaginative work to get paid for their considerable labors.

The Hunger Games

We had our Annenberg Innovation Summit yesterday and it was a smashing success. So today for the first time in two weeks I went to the movies. I saw Hunger Games, because I am going to give a lecture on Monday on technology, politics and the future. The movie is the latest in a long line of dystopian science fiction films from Metropolis to Bladerunner. I long since came to the conclusion that science fiction is our way of writing about our fears about the present. Metropolis (1927) was about the exploitation of the masses in a machine age. Bladerunner (1982) takes the metaphor farther by imagining machine made humans, called Replicants. Both invoke world’s of such radical change, that we don’t recognize our self in the protagonists.

But Hunger Games is radically different, because it essentially is about the 1% vs. the 99%. It is about what could happen in the world we are experiencing today. The Hunger Games is in essence a story about Bread and Circuses. As the Poet Juvenal wrote of the period in 140 BC Rome when the politicians were for sale and the people didn’t care as along as the bloody entertainments kept coming.

… Already long ago, from when we sold our vote to no man, the People have abdicated our duties; for the People who once upon a time handed out military command, high civil office, legions — everything, now restrains itself and anxiously hopes for just two things:bread and circuses

We start the movie in an Appalachia not too far distant from the haunting Walker Evans photos of the Great Depression. Dirt poor coal miners living under constant police presence. All power and money resides in the Capitol–a New York on Steroids. The Capitol is filed with a society of the very rich that are every bit as decadent as Rome in Calligulas’ time or New York in Andy Warhol’s prime. The Hunger Games are a combination Reality Show and Gladiator match. The contest creates a kind of  Lord of the Flies world with knives, spears and (most importantly) a bow and arrow that our heroine wields beautifully.

But finally it is a story of teen empowerment and rebellion. It is a vision of a future of the total failure of democracy because security of the rich was more important. That’s a very dark belief that obviously millions of young readers of the novels have bought in to. That the movie made $150 million in its first weekend is testimony that some profound mental shift has happened in the society. 1%-99% metaphor has sunk in to the collective consciousness.

Now that it is obvious that Mitt Romney will be the Republican nominee, this same metaphor will dominate the political debate. Mitt is the candidate of and for the 1%. Look at his tax policy, which will enrich them and his hawkish military policy which will continue the 65 year Military Industrial Complex boondoggle, further enriching them. Finally his oil and environmental policies are made for the Koch Brothers and their friends in the oil and gas business.

The trick for Obama is to make the connection to the 18-24 year olds who didn’t get a chance to vote last time. These are the kids lining up for Hunger Games. I sense they are ready for Obama’s message. But he has to take on the Inequality Issue head on.

Liberty, Anarchy & The Digital Age

Sabu

About a year ago I was at the house of my friend David Fanning on the Massachusetts coast when a call came in that messed up our weekend plans. David has been the Executive Producer of PBS’s flagship show Frontline for 25 years. He has fearlessly told truth to power, despite all the possible reverberations in Congress or elsewhere and the fragile funding of PBS. The call came from his webmaster who said that the whole Frontline website had been destroyed by a hacker collective called Lulzsec. Lulzsec and their leader, Sabu had been outraged by a frontline documentary on Julian Assange and had vowed revenge. I had seen the show and found it to be very evenhanded, but Sabu and his friends objected to a passage in which Julian Assange’s tactics were questioned. When Assange first gave the raw intelligence cables from the State Department, all of the names of the local informants in Iraq, Afghanistan and elsewhere were in the docs. The editors of the Guardian and the New York Times insisted on redacting the names of the local informants so they wouldn’t be killed for helping the Americans. Assange insisted the names stay in and started dumping the raw files out on Wikileaks. That anyone should even question Assange was too much for Lulzsec and so they waged cyberwar on Frontline. They didn’t just bring down the website, they destroyed it and all the archives. It took David Fanning weeks and a lot of money to restore the site. Continue reading

Obama and SOPA

Obama and Google's Eric Schmidt

The White House has weighed in on the Online Piracy Act. They are clearly walking a tightrope between two competing powers, both of which have traditionally supported Democrats. On one side there is Hollywood and the music industry and on the other is Google. There has been an incredible amount of misinformation floating around about piracy for years and of course there are also some real bully boys who will threaten anyone who opposes their right to “free culture.” We have had these battles for two years on this blog. So here is my thoughts about all of this.

Google- The world’s largest search engine has made hundreds of millions allowing makers of pirated or counterfeit goods to advertise using Google Ad Words. It signed a non-prosecution agreement with the Federal Government and agreed to forgo $500,000,000 worth of counterfeit drug advertising. Google does not want to stop the worldwide revenue it gets from pirated content advertising. Google and it’s competitors could eliminate the need for Piracy legislation by immediately adopting the following rules:

  1. We won’t sell advertising on pirate websites.
  2. We won’t have our search engine link to pirate websites that can’t prove they have legitimate licenses to the content they host.
  3. We will stop pretending we can’t control what gets posted on You Tube.

Hollywood and the Music Business- What I can’t figure out is how did movies and music get to a position that the public feels they are entitled to these works for free? So you never feel you are entitled to a meal at a restaurant for free, do you? What is it about digital entertainment: movies, music, TV and very soon, books that makes them special? Why should the worker in these business not get paid? We built a knowledge society, and the best products we export are all digital objects of desire. But no one seems to care about the notions of intellectual property. It’s so self destructive.

So the President has to thread the needle. That’s why the statement yesterday from the White House was important.

We expect and encourage all private parties, including both content creators and Internet platform providers working together, to adopt voluntary measures and best practices to reduce online piracy.

Google could begin these voluntary measures listed above and reduce the pressure to push a flawed act through Congress. Without some middle ground this whole discussion is going in a very stupid direction.

Wired’s Party Line

I don’t have a publicist and so I rely on the kindness of friends to spread the word about my new book, Outlaw Blues; Adventures in the Counter-Culture Wars. Its been pretty well reviewed and has been in the number one spot on the I Bookstore Arts and Entertainment chart for a while. The book is a history of the role of artists from Mark Twain to Bob Dylan in shaping our culture and our politics. It has over 100 embedded videos that help guide you through the culture. The Wall Street Journal thought it was a technological breakthrough in the E book world.

So I figured Wired Magazine might be interested in this new form. But when a friend inquired of an editor there, the word came back that “they were aware of the book, but it was not a good fit.” I should have known. The last chapter of the book takes on the question of the future of America as a knowledge society in a world where knowledge is being devalued. How can you build a society that’s great at making music, movies and video games if the rest of the world thinks these objects of desire should be free? And of course the main proponent of this view is none other than Wired’s Editor in Chief, Chris Anderson, whose most recent book is titled, Free: The Future of a Radical Price. I was pretty hard on Anderson in the book, going so far as to quote Malcolm Gladwell’s famous query from the New Yorker.

“It would be nice to know, as well, just how a business goes about reorganizing itself around getting people to work for “non-monetary rewards.” Does he mean that the New York Times should be staffed by volunteers, like Meals on Wheels? Anderson’s reference to people who ‘prefer to buy their music online’ carries the faint suggestion that refraining from theft should be considered a mere preference.”

So I guess Wired is run like the old Soviet Politburo. If you are not willing to spout the party line of Free Culture and Techno-utopianism, you don’t exist.

“Meet the new boss. Same as the old boss.”