Currently the web is in a heated battle over SOPA (Stop Online Piracy Act).
I don’t want to weigh in too heavily about the specifics of this bill, because I have not read it. I tend to unilaterally disagree with censorship in all forms. So, I’ll just say this:
Online piracy is not something you can legislate your way out of.
Fighting against piracy is not like throwing water on a fire, it’s like throwing gasoline on a fire. Piracy will not be stopped because you remove the results from Google. It will not be stopped because you figure out how to block the Pirate Bay. This is where the MPAA and the RIAA get it all wrong.
The Streisand Effect
Once upon a time, Barbara Streisand sued a photographer who took an aerial photograph of her mansion for $50 million dollars. She also wanted to have the photograph removed from an online collection of photographs. Her intention was to remove the photograph from the web, it didn’t work. The photo spread across the web. It could not be stopped.
The MPAA tried to get Digg to remove the following hexadecimal code from their site:
09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
It was one of the encryption keys needed to decode and rip Blu-ray and HD DVDs. Digg took it down and the users continued to post it. It could not be stopped.
The point is that you cannot expect to stop ANYTHING on the web simply because you set a rule, or threaten to sue. The web is enormous and populated by large, virtually unstoppable groups. You cannot force them to stop, you can only provide attractive alternatives.
Why does Piracy Succeed?
Piracy succeeds in part, obviously, because you can get something for free that you would otherwise pay for. That’s the obvious one. But I don’t think that’s the whole story. Saying it’s all about thievery undermines the reality of how the content industry has struggled from moving into the digital age.
Pirate channels have a larger selection than legitimate channels. Pirate channels are often faster downloads than legitimate channels due to superior technology (bit torrent). Pirate Channels are often ahead of legitimate channels in the ability to get content to the “consumer.” In short, pirate channels offer a better solution in many ways.
I’m not saying I condone piracy, please try to look deeper at my argument.
If you want to stop piracy…
spend time and energy creating eco systems for the easy, hassle free and reasonably priced purchase of content. Whether the MPAA or RIAA want to admit it, piracy is a competitor. It may not be a legitimate competitor, but it is another channel.
I believe that if the music industry had quickly adopted digital technologies, given us the same selection as illegitimate channels, we’d have seen much less music piracy and higher music sales.
If the movie industry made it easy for people to download new releases or rent movies with the same selection as illegitimate channels, we’d see much less movie piracy and higher movie sales.
If software makers spent less time on serials numbers and piracy protection, and more time make software easier to purchase and more compelling to use, we would see higher software sales.
The issue is about hurdles, not thievery. Those that will steal will continue to steal, focusing on them is a losing game and the examples set are not enough to scare off the masses. But focusing on those that pirate content because no suitable alternative exists is a game that can be won and make an impact on piracy. This legislation will likely be misinterpreted and punish companies and individuals without making a significant dent in the real issue.
I say throw out the legislation and encourage the MPAA and RIAA to innovate their way out of this problem. Perhaps if their greed didn’t blind them, they could begin making money from reformed pirates.
What do you think?
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