How ACTA Will Increase Copyright Infringement

from the it's-all-about-respect dept

Every so often, we get copyright system supporters here in the comments who, when they run out of arguments, go with something along the lines of "but it's the law, and it's your duty to respect the law." It's a rather authoritarian point of view and there are all sorts of reasons why that makes little sense. We don't need to go into the full philosophical arguments, but one key one is that you should never respect something just because someone says you should -- only because it has earned the respect. Glyn Moody has a fascinating post highlighting a new paper about ACTA that suggests the process by which ACTA was agreed upon has all sorts of problems. Moody calls out one paragraph in particular that I think is quite important:

there is the question of public perceptions as to the value and fairness of the agreement. A perception that it is fair as between stakeholders is important to IP law, which it is not readily self-enforcing. By this I mean that IP law requires people to self-consciously refrain from behaviours that are common, easy, and enjoyable: infringement is so easy to do and observing IP rights, particularly copyright, involves, particularly these days, some self-denial. IP law therefore needs support from the public in order to be effective, and in order to receive any such support IP law needs to address the needs of all stakeholders. 135 Treaties that strengthen enforcement without addressing the needs of users look unfair and will bring IP law further into disrepute.

This is a key point that gets ignored in all of this. When you negotiate agreements like ACTA in secret, leaving out key stakeholders, it should come as no surprise when those same people feel no compulsion to respect the agreement. They were left out of the discussion and so, in their minds, such an agreement should not hold any weight.

What this means, of course, is that the very awful process by which ACTA was put together may actually serve to create the exact opposite scenario that the drafters hoped to create. Rather than strengthening the power of copyright law around the globe, ACTA has only served to increase the lack of respect for copyright law, as the process by which it was put together has been shown to not be deserving of any respect, in that it failed to take into account the interests of most of the people it would impact.

Filed Under: acta, infringement, law, respect

Truncated RSS Is A Bad Business Decision

from the respect-your-audience dept

A few years back, I wrote about why we had found full text RSS feeds to be much more powerful and useful than truncated RSS feeds. The reason that many sites push truncated feeds is the belief that it will force people to click through, and the ads on the webpage are worth a lot more than the ads found in RSS feeds. But it's a short-sighted view. Because what it's really doing is trying to push readers to do something that they don't want to do. Many of them use RSS readers because it's a more convenient way to organize and read the news they want. And, we found that by making life easier for our readers, we were able to get a lot more readers, and then that allowed us to put in place a better business model that didn't rely on trying to trick or force them to click through. This is the same debate as the debate over ad blockers. It's a question of whether or not you respect your community and want to add value for them, or if you just view them as dollar signs and feel you need to force or guilt them into doing stuff they don't want.

The full text vs. partial text debate is flaring up again as Gawker Media has just shifted all its blogs to partial feed blogs. From my standpoint, this makes it significantly less likely that I'll link to them, because I'm less likely to actually read through their posts to see if they're worthwhile. I'll stay subscribed, but whereas in the past I might read through an entire post before deciding it was worth writing about, now I'll only have a snippet to make that decision -- and that makes it that much less likely that I'll find their posts worth linking to. And that seems like a mistake.

Matt McAllister from The Guardian responded to Felix Salmon's blog post (the one linked above), and noted that when The Guardian moved to full text RSS feeds they saw their web traffic go up significantly. Admittedly, there may be other factors involved here, but it's yet another data point in favor of being open and making it easier for your audience and your community to engage.

What I think both this and the whole ad blocking discussion come down to is a question of how different sites look at and treat their audiences. If they feel they need to take a short-term view and "monetize" every interaction with them, or if they realize that there's a long-term value in building up a strong and loyal relationship. It's also quite similar to the constant debates over the music industry -- where the music industry feels that it wants to get paid pennies every time you hear a song. That's the short-term "we have to monetize every use" view, compared to the longer term view, which recognizes that free songs and building up a relationship between the fans and the musicians can lead to something much more lucrative that benefits everyone.

But the key point is made by Salmon in his blog post about this. Others like to accuse Salmon and myself of supporting things like full text RSS feeds, letting people use ad blockers and being against paywalls as "a sense of entitlement." Of course, since I'm on the publishing side of things, I don't see how that actually applies to me since I'm defending the rights of the community of readers over short-sited publisher decisions. But the real reason why we think these (well, for RSS and paywalls -- I don't know Salmon's view on ad blocking) things are important to understand is that taking the simplistic view of trying to maximize short-term monetization is a bad business decision in the long term:

At heart, my argument for full RSS feeds is similar to my argument against a NYT paywall, and neither argument has anything to do with a sense of entitlement on my part. Instead, both are simply bad business decisions. If you truncate your RSS feeds, you'll get less traffic than you had with full feeds, and you'll alienate an important minority of your audience. And if you implement a paywall, the increase in subscription revenues will fail to offset the decrease in ad revenues, even as you'll alienate lots of your audience. So neither makes commercial sense.

Exactly. All of these are decisions that don't take into account the bigger picture or understand the overall dynamic of a community. They assume that each transaction is a single impact: if this user doesn't "pay" a site now, it's "lost revenue." But it doesn't take into account that that user might "pay" in other means -- via a comment or by passing it along to others. And what if that individual is influential and passes it on to a lot of people? It blocking off that possibility because that individual doesn't "pay" by ad or paywall seems incredibly short sighted and quite disrespectful of a community.

Filed Under: ad blocking, business models, community, long term view, paywalls, respect, rss

Comedian Louis CK Gets BitTorrent Content Removed By Asking Nicely

from the please,-thank-you dept

A reader, who prefers to go by the name Angry Young Man, points us to an interesting set of comments on a torrent of a recent stand up comedy performance by the comedian Louis CK, where it appears the comedian himself showed up on Mininova and asked nicely for the content to be removed, even explaining his reasoning:

HI. I'm Louis CK. Can you please take this down? This show is a work in progress and was not intended to be passed around the internet. I have absolutely no problem, personally, with file sharing, and if you take everythign I have on the market on DVD, CD, and put it up for free downloading, I don't care. But this is an artistic and personal request. Please take this torrent down. thanks.

Following that, the guy who uploaded the torrent complied:

Sorry Mr. CK, I have taken down the direct downloads and asked Mininova and ViPeers to remove the torrent. I thought you would have preferred the reverse, your live concerts in ****ty audio quality would be ok, especially for what you said about NBC taking down your Late Night appearance, and your high quality DVDs and stuff wouldn't be ok since you need ***** for that stuff. I sincerely apologize for the torrent and the misunderstanding.

And people say that those putting up torrent files don't respect artists?

Filed Under: bittorrent, louis ck, respect

Neil Young (And Warner Music) Should Learn To Respect YouTube... And Music Fans

from the this-is-getting-tiresome dept

After Warner Music got greedy and demanded money from YouTube that the company is under no legal obligation to pay (safe harbors, people), Google and YouTube demonstrated to Warner Music how little leverage the record label has by taking down all Warner Music videos. This is making plenty of Warner musicians quite angry with Warner Music for pissing off their fans and in some cases breaking the artists' own websites. So, rather than back down and admit that it overplayed its hand, Warner Music is pulling out the old school strategy it has used for years to win such arguments: trot out some well-known musician to whine about how it's just not fair that he's not getting the "respect" he deserves.

This time around, it's Neil Young, who has taken to his own website to claim that he and Warner Music aren't getting the proper respect from YouTube, and that YouTube needs to pay up to provide that proper respect. And what about all the musicians who Warner Music's policy is harming right now? What about all those musicians whose fans are pissed off that they can't see videos with the music they like? The problem isn't that YouTube isn't respecting Warner Music -- it has no legal obligation to do so. The problem is that folks like Neil Young and the execs at Warner Music don't respect their fans at all, and fail to realize they want to access their music through YouTube, and doing so provides those musicians with a great benefit in terms of better connecting with their fans and opening up new opportunities to create valuable relationships that will pay much more money in the long run.

In the meantime, when you look at the actual statement on Neil Young's site, it seems like a a pretty blatant copy of the NY Times. We're guessing he didn't pay the NY Times anything. So why isn't anyone demanding that Neil Young "respect" the NY Times?

Filed Under: business models, copyright, music, neil young, respect, videos
Companies: google, warner music group, youtube