Showing posts with label Digital Marketplace. Show all posts
Showing posts with label Digital Marketplace. Show all posts

Thursday, September 19, 2019

Digital Media Bait-and-Switch

Cory Doctorow's latest column targets DRM but touches upon the abusive business practices of digital marketing in general:

DRM Broke Its Promise

The philosophy behind restricted access to the media we "buy" begins with the premise, "The problem with markets is that selling things is inefficient. There are so many people who don’t need the thing, just a momentary use of the thing." So the promise of DRM was, "Thanks to a technology called 'Digital Rights Management,' sellers and buyers could negotiate a subset of rights and a reduced payment for same.. . .In other words, we were told that we must reject the promise of unfet­tered digital in favor of locked-down digital, and in return, we would enter a vibrant marketplace where sellers offered exactly the uses we needed, at a price that was reduced to reflect the fact that we were getting a limited product." As Doctorow sardonically summarizes, "In the futuristic digital realm, no one would own things, we would only license them, and thus be relieved of the terrible burden of ownership." The actual outcome: "We got the limited product, all right—just not the discount." For example, the DRM-protected books from publishers who use that technology cost no less than Tor's unrestricted e-books. The promise of "flexibility and bargains" gave way to the reality of "price-gouging and brittleness."

Doctorow discusses several limitations and abuses arising from the fact that we don't own the digital media products we thought we were purchasing. Without warning or recourse, customers can suddenly lose access to books, music, or video content (e.g., Microsoft's e-book store). Libraries pay more for e-books than print books and have restrictions on the number of times a book can be borrowed. Streaming services control how consumers can use the content they rent or "buy" (e.g., inability to skip commercials). College textbooks are a particularly egregious example. Electronic texts should be cheaper than hardcovers, but that's not necessarily so. Moreover, the login codes for mandatory online supplements have to be purchased afresh every year. Having finished my terminal degree well before e-textbooks, I had no idea of this catch before reading the article. I have a personal gripe with academic publishers (those that publish scholarly works rather than college textbooks): When they started producing electronic as well as print editions of their exorbitantly overpriced books—clearly marketed with libraries, not individual scholars, in mind—the e-book versions should have been cheaper. Much cheaper, within reach of individual would-be readers. Instead, they're typically priced only a few dollars lower than the hardcover editions. A $90 book discounted to $80, to pick a typical pair of figures at random, is still too expensive for the average unemployed or under-employed academic to justify buying. Granted, producing an e-book requires paid labor, just as a print book does. But in the case of an electronic edition of an existing print book, most of that work (editing, proofreading, etc.) has already been done. I often mentally rage, "Don't those people WANT anybody to read their books?" Some of us who would like to do so don't have access to a university library.

In an electronic media market where consumers have little or no choice but to spend "more for less," Doctorow summarizes the state of affairs thus: "DRM never delivered a world of flexible consumer choice, but it was never supposed to. Instead, twenty years on, DRM is revealed to be exactly what we feared: an oligarchic gambit to end property ownership for the people, who become tenants in the fields of greedy, confiscatory tech and media companies." Don't hold back, Mr. Doctorow; what do you REALLY think? :)

Margaret L. Carter

Carter's Crypt

Sunday, December 11, 2016

Fake News? Fake History! (About Copyright)

My copyright enthusiasm has led me to take a free online course: Constitution 101 offered by Hillsdale College.
https://online.hillsdale.edu/course/con101/part02/lecture

Copyright is mentioned in the Constitution (Article 1, Section 8, Clause 8)  but in my opinion, copyright is also an Intellectual Property right, and the constitution upholds the right to own property. 

Certain opponents of copyright are alleged to have written such statements as: "We Jeffersonians know better. Copyright is not a natural right, entitled to protection at the expense of the public good."
Source:
https://thetrichordist.com/2016/12/08/academic-copyleftists-unintentionally-bolster-constructive-termination-charge-in-firing-of-register-of-copyrights/

The above link is exceptionally interesting. It is about how some academics who are hostile to the rights of musicians and songwriters especially (but, weakening of copyright for one group of creators opens the door to weaking copyright for all creators) rationalize the allegedly so-called retaliatory constructive termination of the recent Register of Copyrights, Maria Pallante.

"The public good" seems to be the excessive profitability of billion-dollar tech giants that stream or otherwise distribute music and other entertainment, and the "right" of members of the public to enjoy creative works as a perquisite that follows the subscription to- or purchase of certain apps or hardware or software.

Concerns have been expressed about the Library of Congress.
https://thetrichordist.com/2016/12/11/dr-haydens-library-of-congress-is-already-helping-big-tech-rip-off-creators-part-1-the-mass-noi-scam/

I would describe the Notice of Intent (NOI) Loophole as a variation on "orphan works". Remember the Hathi Trust project? The trick is that a big tech company that wishes to exploit ebooks or music without paying the author or songwriter simply "pretends" that they cannot locate the copyright owner or author. Therefore, under the "permissionless innovation" theory, they exploit the work and pay no one unless or until the copyright owner finds out about it on their own.

This is not the only problem.  Allegedly, "...some in the anti-copyright crowd...are promoting the Library's recent deal with the Berkman Center's Digital Public Library of America to turn a digitized Library of Congress into a kind of feeder to Kickass Torrents with sovereign immunity..."

Given digitization, and the fact that it is mandatory for every copyright owner to donate 2 copies of the best of the best of their works, to the Library of Congress, that quote about feeding torrents is not so implausible. The Library of Congress appears keen to monetize and distribute what's in their collection, if one can extrapolate from what Maria Pallante was ordered to do.
https://thetrichordist.com/2016/10/25/arrogant-new-librarian-of-congress-told-register-of-copyrights-pallante-go-sell-t-shirts/

I appear to be the only skeptic about the USPTO push to discuss the Digital Marketplace. For those who wish to view videos of the entire day of events at the USPTO conference on on Friday, Dec 9th, 2016, follow this link:
https://livestream.com/uspto/DigitalMarketplace16?origin=digest&mixpanel_id=13d46f86c4b46-0398ebf1b7d5ac8-3d246e3a-1d4c00-13d46f86c4c1de&acc_id=8385860&medium=email

For those who merely want a book-related summary, there were relatively few mentions of books or ebooks during the day. Encouragingly, the focus seemed to be a genuine and positive concern for a system to ensure that "the internet" should know who owns rights to any type of intellectual property.

Speaker Trent McConaghy (of Blockchain) testified that he would like a Kayak-like (travel industry analogy, not watercraft) system presumably for finding the type of digital intellectual property that one desires at the best price.

Speaker Bill Rosenblatt (I think it was he who made this remark) bemoaned the fact that a Federal Judge (Denny Chin, as I recall) threw out the Google Book Settlement that would have established a Book Rights Registry. That Book Rights Registry would have been very helpful to authors and those who wished to exploit authors' books.

What worries me is, who would pay for any eventual registry? We know that it has been alleged that creative-works exploiters like Pandora and Spotify want music creators (songwriters and performers) to pay for their own music registry so the music services don't have to go to the trouble of locating rights owners in order to pay them. Would authors, musicians, photographers, models, etc have to subscribe in order to be in a registry?

And then, once one is in the registry (at least one could be found and paid), would authors be treated like The Turtles? Just as music that was written and originally performed before 1972 has been treated as if it was out of copyright, and is now being awarded lesser royalties than music written and performed since 1972, could something similar happen to book authors?

Here's how royalties could get reduced without copyright owners getting a voice.
https://thetrichordist.com/2016/12/02/good-news-sirius-xm-settles-pre-1972-with-turtles-bad-news-settlement-slashes-sound-recording-royalty-50/

But... the good news is, we can have a voice.  Check out who is on the House Subcommittee on Intellectual Property, and drop them a line. Maybe an anticipatory thank-you note for looking out for authors. :-)

All the best,

Rowena Cherry