A Response: The Future of File Sharing

At the IP Watch blog, Bruce Gain has published a post entitled The Future of File Sharing, in which he explores three new models for digital content distribution that may have some potential to stem the tide of illegal file sharing where industry lawsuits and HADOPI are currently failing. He poses the question this way:

[W]hat alternatives exist that can appease those with royalty interests as well as meet the demand of consumers, especially those who actively engage in sharing copyright-protected media files?

What’s especially interesting about his list is that it offers at two starkly different visions of the future of intellectual property when it comes to digital media.

The first and third of these options – free media supported by ads and global licensing – work on the assumption that p2p is an open Pandora’s box. Rather than keeping at the Sisyphean task of constructing ever tighter systems of DRM in response to the ever more sophisticated, widespread, and user-friendly methods of breaking DRM, copyright holders refocus their efforts in finding alternative revenue streams to support free-range content. In the former case, it’s revenue from advertisements attached to the media distribution platform. In the latter, it’s a blanket point-of-entry fee that covers the entire universe of content that a given user might access for free, distributed by some means to the “owners” of that content.

Gain’s second option, on the other hand, seeks to radically raise the horizon of access to p2p by further privatizing the undergirding technology. Rather than continuing to produce personal computers as open systems that run any compatible applications regardless of origin and allow connectivity to any other computer (given the proper software, etc.), computers of the future could be closed systems – more like video game consoles – where only official applications, peripheral hardware, and networks will be compatible.

The article runs down a variety of logistical problems with each of these three options, which I won’t rehash here, but I do think it’s important to note that all of Gain’s considerations seem to address the first half of his goal (appeasing royalties-seekers) rather than the second (appeasing consumers). I don’t think this imbalance is necessarily a result of any pro-IP bias on the author’s part. Rather, I think it reveals a quality of the current digital distribution system that Gain leaves unspoken; namely, that for those consumers with a baseline of technological know-how, it already fullfils demand almost perfectly. Cultural resources are already available nearly immediately, and in most cases for free over the greynet.

If we are to be honest about what it means to seek out new content distribution systems that “appease everybody” (i.e., producers, sellers, and consumers), we must recognize that we are inherrently talking about finding ways to restore a measure of profitability to the privatized culture industry in the digital age.

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