Kevin Hassett is a shill
I say he's a shill because I refuse to believe that anyone with such a full resume could be so incredibly stupid as to espouse the views contained in a recent column of his. Surely then, the only logical explanation is that he was bribed, brainwashed, or otherwise coerced into writing this by Apple, Microsoft, et al.[1]
The hubbub is about a bill currently passing through the legislative branch of the French government. Should it become law, companies selling digital music would be required to allow hardware companies to make digital audio players that can play the downloaded music. Right now, you can't play Apple downloads on a Samsung player, Napster downloads on your iPod, etc.[2] The new French law would eliminate such artificial barriers. You see, Apple has to go to /extra effort/ to keep you from playing iTunes Music Store songs on other players. I defy Mr. Hassett to explain how creating artificial barriers can ever move culture, or the economy, forward.
Kevin's makes many claims that are simply too ridiculous to ever do justice in my blog. Most of them make me wonder aloud how any well-educated person could be so incredibly ignorant. Primarily, he seems to center on two [equally false] arguments.
1) This law will encourage copyright infringement (aka 'piracy'), which is a Very Bad Thing(TM).
a) What Apple et al. are likely to do, and the logical result of the law, is to open up their DRM. If Creative could license Apple's FairPlay DRM for its Zen digital audio players, and Apple could license Microsoft's PlaysForSure DRM for its iPod digital audio players, then both parties would have satisfied their obligations under the law. What is the result? All the music still has DRM, so the record labels don't need to worry any more about piracy than they do now!
b) The assumption that copying music for personal use is a Very Bad Thing(TM) has nowhere near unanimous support. The rampant popularity of illegal downloading is proof of that. Many people, including highly respected thinkers like Lawrence Lessig and Richard Stallman, would argue that society benefits more by sharing ideas and culture than by granting artificial monopolies to those who happen to create certain expressions of human thought (like, say, a song).
2) This law is stealing from Apple and America and giving all kinds of free shit to the Frogs, and is terribly anticompetitive.
The law would not steal from anyone. Apple has served consumers very well by creating excellent hardware (the iPod lines) and excellent software (iTunes and the iTunes Music Store), and their bottom line has been rewarded for it. Vendor lock-in, however, serves nobody but Apple shareholders, while hurting everybody. Interoperability, which the French bill would require, will /increase/ competition, not hurt it. Increased competition is a Very Good Thing(TM), contrary to what Kevin argues; it gives producers and consumers /more/ choices and drives constant innovation, rather than allowing companies to build monopolies, lock their customers in to their product lines, and then milk the profits for years afterwards.
Aaand I'm spent.
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[1] This is not entirely true. He could just be an anarcho-capitalist. In that case, replace 'shill' with 'idiot who believes in neither welfare states nor meritocracies, but instead thinks that people should be primarily rewarded for their relative ability to screw over their fellow human beings.'
[2] Again, this isn't 100% true. It generally only applies to major-label (i.e. RIAA) music. Which is, to say, 99+% of what is downloaded from the stores.
4 comments:
When did you become a Socialist anyway? Why MAKE Apple do anything? If they are as wrong as you think they are than the market will punish them. I'm of the opinion that, eventually, it will and people will move away from their proprietary stuff the same way they did from their computers in the 90s. But dude, you know as well as I do that government forcing any company to do anything is a bbaaaaaaaaaaaaaaaadddddd idea.
PS. Ben's a commie.
The market would punish DRM-infested malware if there was a market to being with. But there is no free market for popular music. Between government-granted monopolies (read: copyright), business practices that are worthy of prosecution under RICO (read: payola), and the formation of cartels that would do the cocaine trade proud (read: RIAA and its analogs overseas), there is NO FREE MARKET.
Now that we've established that theory is worthless in this discussion, can you tell me any practical downsides to interoperability? What if you had to buy Ford gasoline for your Ford vehicle, and could only drive it on Ford roads? What if Kraft foods could only be heated up in Kraft-endorsed microwaves? The current DRM situation with music is equally ridiculous. They are restrictions that have no technical reason for existance - they exists solely to create and maintain monopolies. They hurt competition and walk over our fair use rights.
Unfortunately, our legislators seem to value the profits of their corporate donors more than the rights and well-being of their constituents. Note that we wouldn't need laws like this at all if it wasn't for the need to counteract abominations like perpetual copyright, software patents, and the DMCA.
First of all, copyrights are NOT monopolies (read: The Constitution of the United States of America, Article I, Section 8), they are ways to ensure that arts and inventions do not have to be paid for by the public. Second, there is a free market for music. You can still buy CDs if you want, or music in MP3 format from some providers (if the creator of the content allows) so to argue that there is no free market has to ignore any means of purchasing music besides ITunes.
The practical reason for non-interoperability is simple, Apple wants to make money. You wouldn't expect Microsoft to give up its source code for Windows for the sake of interoperability. Or how about your companies patent? I'm sure that a lot of people would benefit from those being free to everyone, you would just be out of a job. Your other examples are ridiculous. If Ford only offered cars using Ford gas, they would be out of business. Same for Kraft.
Now, I agree that patents are given for stupid reasons, obvious ideas, and sometimes under false pretences, and I hate cartels like the RIAA (which should probably be investigated for anti-trust practices, as well as the NFL, NBA, MBL, and NCAA, but thats neither here nor there). But a song is a unique invention. It deserves protection as such. If you don't like it, don't buy it.
How do you consider either the Constitution's wording ('...the exclusive Right to their respective Writings and Discoveries') or today's implementation to be anything /but/ a monopoly? Patents and copyrights are government-granted monopolies, just like MLB and the telcos. The only difference is scope.
A 'free market' is one with many players and a low barrier to entry. There would be a decent number of players in the market if it wasn't for the RIAA cartel. The barrier to entry is finally falling (thank you, Internet), but it is still artificially large (fuck you, payola). Just because the RIAA doesn't have a 100% monopoly doesn't mean they are suddenly non-evil for using DRM the way they do. The same goes for Apple. I wish the market would punish them, but most people are too ignorant to realize what's happening. Once again, we fail a free market test (perfect information).
I don't expect MS to open-source Windows (though I'd prefer it). What I do expect is that they provide APIs to allow interoperability. The best example of this is Adobe's Acrobat file format. The format itself is closed, but the APIs are free. The only reason people don't scream bloody murder about digital interoperability (like they would about the Ford or Kraft analogies) is that they don't know any better. The restrictions are just as artificial, and just as anti-competitive.
On the subject of patents... I think that patents have a lot of potential, but in practice they're a drain on society. I would vote to abolish them. Caterpillar (like any not-worthless company) does not innovate just so they can file patents - they innovate to improve their products. What I mean to say is that innovation will happen, regardless of patent protection, any time there is a competitive marketplace. The only [theoretical] upside to patents is that it supposedly entices companies to reveal their secrets in return for temporary monopoly on those secrets. Unfortunately, most patent applications are wholly insufficient as a document from which the 'invention' could be wholly recreated. Add in software patents, business process patents, idea patents, and trolls for all of the above, and you can see that the negatives of patents far outweigh the positives.
Let's get back to the original argument. For the sake of argument, I'll temporarily accept your statement that 'a song is a unique invention' that 'deserves protection' under the law. Forcing interoperability of DRM does nothing to harm that! The music would still be DRM-infested, but now you could listen to your iTMS song on your iRiver DAP. Please tell me how that promotes 'piracy' of RIAA-owned music or how it is 'stealing' from Apple. Kevin Hassett claims that both are true, and he remains a [shill | idiot] because of it.
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