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Begun, the IP Wars Have
                
10.20.2005
February 2012
2
3
4
WHAT HAPPENED?


       5
“A well-resourced content group of
people completely got outmaneuvered
by the guys in the basement.”
- Drew Maloney, Ogilvy Government Relations



                      6
THE TRACK RECORD
   OF CONTENT
     OWNERS

       7
“[Cable will become] a huge parasite in
the marketplace, feeding and fattening
itself off of local television stations and
copyright owners of copyrighted
material. We do not like it because we
think it wrong and unfair.”
- Jack Valenti, MPAA Lobbyist


                     8
“[Some say] that the VCR is the greatest
friend that the American film producer
ever had. I say to you that the VCR is to
the American film producer and the
American public as the Boston strangler
is to the woman home alone.”
- Jack Valenti


                    9
“These talking machines are going to ruin the
artistic development of music in this country.
When I was a boy…in front of every house in
the summer evenings, you would find young
people together singing the songs of the day
or old songs. Today you hear these infernal
machines going night and day. We will not
have a vocal chord left. The vocal chord will be
eliminated by a process of evolution, as was
the tail of man when he came from the ape.”
- John Philip Sousa
                      10
“I started doing the Red Sox games in 1951. We
used three cameras to cover the entire game…I
went to [owner] Tom Yawkey at the end of the
season and said, ‘I think we could use a fourth
camera from centerfield to show the balls and
strikes. I think it would be a great addition.’

“Yawkey surprised me. He didn’t want it. He said
the television coverage would become too good.
People would stay at home from the ballpark. We
didn’t get it.”
- Curt Gowdy, former Red Sox broadcaster
                          11
ACTA
CTEA
DMCA
PIPA
SOPA
ETC
  12
THE TRACK RECORD
OF THE TECHNOLOGY
     INDUSTRY

        13
14
15
16
17
18
19
20
21
22
OH, AND THE INTERNET




         23
WHY CONFLICT

      24
“There's no one in the record company that's a
technologist. That's a misconception writers
make all the time, that the record industry missed
this. They didn't. They just didn't know what to do.
It's like if you were suddenly asked to operate on
your dog to remove his kidney. What would you
do? We didn't know who to hire. I wouldn't be
able to recognize a good technology person —
anyone with a good bullshit story would have
gotten past me.”
- Doug Morris, Chairman and CEO, Universal Music

                          25
WHAT HAPPENS
WHEN THESE TRACK
RECORDS CONFLICT

        26
E.G. INTERNET RADIO
          


         27
28
29
E.G. INTERNET MOVIES
          


          30
31
THE INEVITABLE
CONSEQUENCE OF
 WEAPONIZED IP

       32
33
THREE PROBLEMS
 WITH IP TODAY

      34
1. THE PATENT SYSTEM IS BROKEN




               35
36
2. COPYRIGHT IS TOO LONG




            37
“Imagine you're a new parent at 30 years old and
you've just published a bestselling new novel.
Under the current system, if you lived to 70 years
old and your descendants all had children at the
age of 30, the copyright in your book – and thus
the proceeds – would provide for your children,
grandchildren, great-grandchildren, and great-
great-grandchildren.

But what, I ask, about your great-great-great-
grandchildren?”
- Adrian Hon, “Eternal Copyright: a modest proposal”
                           38
3. RIGHTSHOLDERS PREFER LOBBYING
          TO ADAPTATION



               39
SOURCE: VENTURE BEAT


40
THE FIX? 

    41
“Here's a thought experiment: Everyone over age
12 when YouTube launched in 2005 is now able to
vote…

“Remix culture is the new Prohibition, with
massive media companies as the lone voices
calling for temperance. You can criminalize
commonplace activities from law-abiding people,
but eventually, something has to give.”
- Andy Baio, “No Copyright Intended”

                           42
YOU

 43
Twitter: sogrady
Web: redmonk.com/sogrady
Slides:
http://redmonk.com/public/ip.pdf



                     44

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Begun, the IP Wars Have

  • 1. Begun, the IP Wars Have 10.20.2005 February 2012
  • 2. 2
  • 3. 3
  • 4. 4
  • 6. “A well-resourced content group of people completely got outmaneuvered by the guys in the basement.” - Drew Maloney, Ogilvy Government Relations 6
  • 7. THE TRACK RECORD OF CONTENT OWNERS 7
  • 8. “[Cable will become] a huge parasite in the marketplace, feeding and fattening itself off of local television stations and copyright owners of copyrighted material. We do not like it because we think it wrong and unfair.” - Jack Valenti, MPAA Lobbyist 8
  • 9. “[Some say] that the VCR is the greatest friend that the American film producer ever had. I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” - Jack Valenti 9
  • 10. “These talking machines are going to ruin the artistic development of music in this country. When I was a boy…in front of every house in the summer evenings, you would find young people together singing the songs of the day or old songs. Today you hear these infernal machines going night and day. We will not have a vocal chord left. The vocal chord will be eliminated by a process of evolution, as was the tail of man when he came from the ape.” - John Philip Sousa 10
  • 11. “I started doing the Red Sox games in 1951. We used three cameras to cover the entire game…I went to [owner] Tom Yawkey at the end of the season and said, ‘I think we could use a fourth camera from centerfield to show the balls and strikes. I think it would be a great addition.’ “Yawkey surprised me. He didn’t want it. He said the television coverage would become too good. People would stay at home from the ballpark. We didn’t get it.” - Curt Gowdy, former Red Sox broadcaster 11
  • 13. THE TRACK RECORD OF THE TECHNOLOGY INDUSTRY 13
  • 14. 14
  • 15. 15
  • 16. 16
  • 17. 17
  • 18. 18
  • 19. 19
  • 20. 20
  • 21. 21
  • 22. 22
  • 23. OH, AND THE INTERNET 23
  • 25. “There's no one in the record company that's a technologist. That's a misconception writers make all the time, that the record industry missed this. They didn't. They just didn't know what to do. It's like if you were suddenly asked to operate on your dog to remove his kidney. What would you do? We didn't know who to hire. I wouldn't be able to recognize a good technology person — anyone with a good bullshit story would have gotten past me.” - Doug Morris, Chairman and CEO, Universal Music 25
  • 26. WHAT HAPPENS WHEN THESE TRACK RECORDS CONFLICT 26
  • 28. 28
  • 29. 29
  • 31. 31
  • 32. THE INEVITABLE CONSEQUENCE OF WEAPONIZED IP 32
  • 33. 33
  • 34. THREE PROBLEMS WITH IP TODAY 34
  • 35. 1. THE PATENT SYSTEM IS BROKEN 35
  • 36. 36
  • 37. 2. COPYRIGHT IS TOO LONG 37
  • 38. “Imagine you're a new parent at 30 years old and you've just published a bestselling new novel. Under the current system, if you lived to 70 years old and your descendants all had children at the age of 30, the copyright in your book – and thus the proceeds – would provide for your children, grandchildren, great-grandchildren, and great- great-grandchildren. But what, I ask, about your great-great-great- grandchildren?” - Adrian Hon, “Eternal Copyright: a modest proposal” 38
  • 39. 3. RIGHTSHOLDERS PREFER LOBBYING TO ADAPTATION 39
  • 41. THE FIX? 41
  • 42. “Here's a thought experiment: Everyone over age 12 when YouTube launched in 2005 is now able to vote… “Remix culture is the new Prohibition, with massive media companies as the lone voices calling for temperance. You can criminalize commonplace activities from law-abiding people, but eventually, something has to give.” - Andy Baio, “No Copyright Intended” 42