iPod as a catalyst for DMCA reform?

Before we get to the meat of the post, let me state outright that (a) DRM and the philosophy behind it) stop the cretive flow of ideas whether they are artistic or technical and that (b) home taping did NOT kill my music.

However, we all need to create a new business model if we want producers of content to keep producing content and fans of that content to have unfettered access to it.

How about if we start to look at the business of media distribution as we look at the business of medicine distribution? The first CD, the first DVD, and the first pill all cost millions. Each successive CD, DVD, and pill costs mere pennies. But not really. The cost of production must be amortized over a certain period, and at that point, the product is either pulled because it hasn't made any money, or production is ramped up because it's so succesful, and at that point, it's all profit. Thus, when people argue that they are being taken for a ride because CDs cost 18.99 to to buy but only pennies to produce, they miss the point.

Like media content, when I take a pill (read CD or DVD), I am taking the science behind it, the research, the development, the failures of all prior pills of its type. Unlike medicine, withholding media content will rarely cost lives (Chomsky would argue otherwise, but I'm trying to keep it simple here), but there have been study after study, usually referred to in Harper's Magazine, that providing a child with access to and an education in the arts indreases that persons ability to think creatively and solve problems.

It's a leap here, but stay with me: The cheaper everyone's access is to media content (all of it, the movies, the music, the television, the paintings and scultpures, the theater), the more likely it is that people will actually access it. But if it's given away, the likelihood that it will be produced will decrease.

So where along the curve will we be happy? In this country, where we basically have free (but not open) markets, it's pretty cynical to argue that no one deserves to make money. It's what we do here. And unless we are willing to agitate for a change, whether through the ballot or the streets (and I'm not advocating revolution, but Jefferson did say that when we get tired of the yoke of oppression, it's our right and duty to replace the soure of that oppression), we can argue only for the place on that graph where access to and profits from media content are fair for everyone.

GP

I don't think think people steal (pirate movies/cds/software etc.) to stick it to the man, though quite a few people on the net claim to, I'd wager most of them are liars. They steal because they are cheap and they can get away with it. Even dropping the price drastically wouldn't affect the rate of theft/piracy by much... Frankly the price of a DVD movie isn't even that high, you get a new release for the price of two people seeing it in theaters, or 4 new release rentals, and he price even drops steadily thereafter.

Though I do agree you should be able to rip a DVD you own into an iPod'able format, which, if they limited its capabilities to ripping to low res. should be reasonable.

Well, I'm glad to see I'm not alone in my thinking. See the last 3 paragraphs of my comments on the TVMyiPod service last week:

http://www.tuaw.com/2006/01/20/tvmyipod-service-legal/2#c952161

I've felt this way even before the video iPod was out in expectation that it eventually would be released. It was one thing when all we had was a bunch of various PMP solutions that most consumers aren't interested in. It's another thing entirely when the company who owns the portable audio market jumps into the portable video content arena. If they aren't able to get agreements in place to offer movie content on ITMS this year, regular Joes and Jills are going to start asking why they can't just put their DVDs on their iPods. They don't want a bunch of 3rd party solutions. They want a nice and neat solution directly from Apple. With any luck, the DMCA will get the reform it has needed from the getgo.

Jeff

I am still tripping on how some Media outlets still try to sell me CDs at $18.99 a piece, the same price as when CDs first hit the market. When I do d/l music in a quasi-legal manner (see allofmp3.com), I do so because of the greed of music companies. I can easily afford the $9.99 a CD from iTMS, but I'd rather give the bird to the music industry as a whole.

Declan McCullagh... D-eclan M-c-Cull-A-gh.....D.M.C.A.

Coincidence? I think not, this is a conspiracy, man.

Hold on, I'll add more in a second, I gotta go fix my tinfoil hat.

I wonder if artists really do need the type of incentives that copyright gives. Shakespeare produced some of the greatest literature in western civilization with out copyright protection, many of the great artists died peniless (and still do), and yet media companies now give millions of dollars to 'actors' and 'artists' with very little artistic merit. That would not be the case with limited copyright protection for the media companies.

Also, I think giving a free download is a good idea, but why would companies ever do this if they can get you to pay for the hard copy and pay again for the download (like with iTunes). The article makes a good point though: once non-geeks start taking notice of the problems with the DCMA, maybe some real political pressure from the consumer side can level the playing field.

Wouldn't a good bridge out of this mess just be for movie distributors like Disney -- of which Steve Jobs is about to be a board member -- to include some sort of download credit with DVD sales? If you buy the DVD, you get an iPod version included?

Except for the advent of HD discs, DVDs would slowly wither away and be replaced by computer downloads and cable/satellite on-demand. But with HD discs on the way, I think Apple and the entertainment companies are going to have to figure out a way for consumers to buy content however they want it.

As a consumer I believe that the artists and producers do need adequate compensation for their efforts. We all have our favorite albums/songs and movies and we realize that it just isn't content. The truth is that these works have become meshed in the fabric of our culture and hold a place in our minds and hearts.

As a consumer, I have purchased the same musical content on Album, cassette, cd (okay, I had an 8 track player too). Likewise, I have owned a BetaMax, VHS, LaserDisc (no flames please) and a DVD. Enough is enough. We want to really "own" this content in a non-destructive format that is not prone to becoming obsolete.

The reality is that when the studios, labels and distributers adopt a new format, we buy the content in that new format. With the looming battle between HD DVD and BluRay underway, I am saying, "Holy crap....not again".

Now with the advent of saving this multimedia content in a non-destructive, portable and next gen formats, we, the consumer actually present a problem. Apple is the only company to truly figure this out. These companies see the technology as a liability, not as entertainment.