Aaron Schmidt
http://www.walkingpaper.org/presentation/downloading

3 November 2005
slides version | printable version

Why am I defending downloading?

• The fate of libraries is linked to the fate of downloading.
• Restrictions against downloading hamper creativity and culture.
• Have you seen my mp3 collection?

• No matter what the RIAA says
• It isn't like pocketing a CD at the store.

Libraries, anyone? Videostores, anyone?

• RIAA figures don't add up to piracy
• Nielsen Rating System At Odds With RIAA's Claim Of "Lost Sales"
• mp3s are good for the music biz (and bands - Wilco)
• RIAA price fixing

Peer-to-peer networks are like libraries w/o the constraints of space or time.
note: this isn't to say that P2P will replace libraries

Corporate greed encourages piracy!

• No Harry Potter 6 eBook?
  • HP6 scanned, OCRed, and proofread in 12 hours
• Harry Potter 6 audio eBook?
  • It costs $50(!) to download from the ITMS.
• FairPlay ain't so fair
  • Playlists within iTunes containing a protected track can be copied to a CD only up to seven times (originally ten times)
  • ITMS files only on iPods
  • limited streaming - five listeners a day, used to be five simultaneous listeners

bonus tip: jhymn

The Broadcast Flag

• Hollywood is trying to design your electronics
  Building a device that can receive, pass along, or record a digital TV signal? You've gotta prove it won't disrupt our business model.
• Government interference with every AV product
• Electronic Frontier Foundation on the Broadcast Flag
• Jack Valenti must like having this conversation
  overturned on May 6th, 2005, with the help of the ALA
  [next]

A quick history lession

• Donaldson v Beckett was a victory for creativity and culture
  • "Knowledge has no value or use for the solitary owner: to be enjoyed it must be communicated"
• This and Wheaton v. Peters rejected common law copyright
• This allowed for Walt Disney to parody Buster Keaton's "Steamboat Bill", creating the Disney empire.
• Oh yeah, he also took the violent stories of the Brothers Grimm (Cinderella, Snow White) and remixed them to be family friendly.
• Recently Disney lobbied heavily to pass and up hold the Copyright Term Extension Act of 1998.

Disney would never have happened if it had to play by its own rules.
[cite]

• First meant to regulate publishing, granting a temporary monopoly
  • 14 years, renewable once
• Now it rules over copying and distribution of information
  • 14 --> 50 years after the death of the author --> 70 years after the death of the author (75-90 years for corporate authorship)
• 18th century laws clashing with 21st century technology

By the way, filesharing doesn't break Canadian copyright

• This isn't new
  • Disney, Rolling Stones nicking blues riffs
• Modern mashups
  • free adidas
  • downloading by negativland
  • Beatles' white album + Jay Z's black album = DJ Danger Mouse's grey album
  • The Phantom Edit
  • housingmaps.com
    [next]

• Access to information, ideas and culture in the hands of business
• I'm not afraid of getting sued by the RIAA
  • 60 million filesharers at 75 per day = 2192 years
• It is going to have to get worse for them before it gets better for us
  • widespread civil disobediance
  [next]

• 60 million people were on napster but only 50 million voted for bush or gore

itunesperipod.com
Where's the rest coming from?

"The president also has an eclectic mix of songs downloaded into his iPod from Mark McKinnon, a biking buddy and his chief media strategist in the 2004 campaign."
[cite]

• Content providers taking advantage of the web
  • Overcoming obscurity through modern distribution
  • Getting paid instead of studio execs
• creative commons licences

• AIM: XXagentcooperXX
• e: librarian |at| gmail |dot| com
• w: walking paper
  
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