Weigh anchor, Big Media

boatThe digital theft of copyrighted media and the sale of knockoff physical items are different issues and should be dealt with separately. They may seem on some level to be the same thing–taking profit away from copyright holders–but you can’t solve both problems the same way.

With physical items, it’s pretty easy to get evidence of the crime. A website selling knockoffs can generally be dealt with “old school”: find evidence of the counterfeit items, then, if it’s domestic, raid and make your arrests. If it’s outside the US, work with that country’s government to shut the perpetrators down.

When it comes to digital media, though, you run into many problems, not the least of which is the sheer amount of data. How do you target illegal activity without affecting legal activity?

The first important point is this: Who determines that copyrighted material has been illegally made available somewhere digitally, and how is this confirmed? “Because the copyright holder said so” is not good enough; there needs to be documented evidence that 1) the complainant does, in fact, hold the copyright; 2) that the item in question does exist on the website; and 3) that true copyright infringement has occurred, e.g. this is not a case of fair use. All of these items should be confirmed and documented before action is taken…or at least two out of three.

Second, how do we determine who is at fault–i.e., who to prosecute? Historically, site owners have not been not responsible for content posted by users. Forcing a site owner to moderate user-submitted content before it is posted to the site would effectively end user-submitted content; the workload would be unimaginable and impossible, even on smaller sites. The people’s voice would be silenced, not by the government directly, but by websites unwilling to be held liable for their users’ actions.

So, assuming we don’t put the onus of content vetting on the website owner, how is fault determined? Domestically, a site could be subpoenaed for information about the user/account involved in uploading the content. But abroad?

This is the line of thinking that went into SOPA/PIPA, which were targeted at foreign websites unreachable by US law. But those bills are hopelessly flawed. Rather than targeting copyright violators, they would simply close off foreign websites suspected of infringement from the US, effectively censoring parts of the world internet. A law that would allow this sort of blocking could be severely abused, and the average person wouldn’t even know it. Let’s be honest; we live in enough of a bubble already. Do we really need to be that much more out of touch with the rest of the world?

No; the only way to fight internet piracy via law enforcement is to target individual perpetrators. This may not be as exciting a solution as shutting down entire websites and raiding server rooms and offices, but it is the only governmental solution that doesn’t adversely affect unrelated individuals. The rights of people using the internet legally are just as important as the rights of copyright holders looking for justice; trampling one to bring victory to the other is to give one group undue priority and protection.

In fact, while individual users are being tried in court, their accounts and uploads and whatnot should be frozen, but not deleted, and the website itself certainly should not be shut down. It doesn’t matter if there’s one suspect or 50,000; unless you know for a fact that none of the content on a site is legal, you have no ethical right to shut it down. People rely on the internet more and more, and people’s needs are varied. What might seem to be nothing more than an illegal file-trading site to you might have some other legal purpose for someone else. Unless you can prove it doesn’t, no shutdown.

Any government shutdown of websites where users are suspected of engaging in illegal activities is a running start down a slippery slope of censorship. It could indeed lead to what some misguided SOPA/PIPA protesters feared–a shutdown of Facebook or YouTube. The point here is that the website is not on trial, unless it is the website’s owner herself offering the illegal material. To ensure a free and open internet, the utmost goal should always be to leave sites alone and go after individuals or groups.

Media executives don’t like this reality, of course. It’s slow. It takes a long time to amass proof. They actually have to go to court to get things done, instead of just having the government hatchet away the illegal activity for them with no due process. But ultimately, it’s the only solution that’s fair to all US citizens, not just media executives.

I believe the true solution to the digital piracy of media is not the government at all, but a radical change in media companies’ distribution paradigm.

The basic truth underlying all of this is that people want to enjoy the content being produced by the media company. Why not make it easy and legal for them to do so? Stream all video content online. Live stream TV shows and movies as they air, and include location-based commercials. Create a digital archive of content, or just use Hulu or Netflix or Amazon Prime. Post episodes online immediately after they air–don’t wait eight days like Fox so that it’s extraordinarily difficult to catch up in time for broadcast. Make sure all your video streams are playable on all devices.

Put your music on all the internet radio options. Put music videos on YouTube. Make tracks and albums downloadable on Amazon MP3 and iTunes.

Make every book, magazine, newspaper, or other printed material you offer available as an ebook.

Put everything online. Create different online directories to help people with differing interests find content relevant to them. Price everything low enough that people will find the cost and convenience just as good or better than getting the content free from some ad-filled, virus-infested download site.

Make everything so readily available that piracy would be ridiculous. And do this not just here in the US, but all across the world. And then watch online piracy dwindle. Oh, it’ll never die…but if people can easily enjoy the content they want legally, they’ll have far less of a reason to do it illegally.

One reason big media companies have been so ambivalent about online–trying things out but never fully committing–is that executives don’t believe online content will bring high profits. This is short-sighted, not to mention untrue. It’s their job to figure out how to make it profitable, not to pretend the world isn’t changing. The internet can’t just be put back in the box.

Another problem may be not having direction. Rather than deciding what exactly they want to do with their content online, companies might simply be looking around for existing widgets and solutions and services, or copying what someone else is doing. This is completely backwards; first the company should come up with a clear vision for online, and then they should set out to accomplish that vision with whatever tools they need.

I also believe media execs are afraid of how easy it is to distribute content online, and of people who choose not to use big companies for distribution. It reminds me of some news people’s initial reaction to bloggers. “That’s not real news. They can’t do what I do.” That bravado masked real fear, because the truth is, with the internet, anyone can do anything. Rather than denying the fact that alternative distribution methods exist, big media needs to commit to using them. Yes, these independent artists are competing for a slice of the pie. So compete with them.

Big Media, it’s time to weigh anchor and move forward. Things can’t stay the way they currently are. Think about it: How long has your current business model actually existed? Not really all that long, right?

Humans have a tendency to believe “the good old days” lasted forever, and anything new is scary and bad. But the truth is, there were no good old days. People have always made it up as they went along.

And that, Big Media, is what you need to do now.

Edit: Y Combinator has decided that the next startup they want to fund is one that would kill Hollywood. They’ve concluded that Big Media in its current form cannot continue to exist…a conclusion with which I obviously agree.

Fax your people in Congress about SOPA/PIPA

I used this website to send a free fax to my Senators and Representatives about SOPA/PIPA. The fax started out with a generic blurb, but there was a section where I could add my own thoughts. Here’s what I wrote:

Copyright holders already have ways to deal with infringing content, through the courts. Their real problem is their refusal to eschew their dated business practices and their insistence upon running to the government for help rather than finding better ways to market and distribute their content. Please don’t reward this backwards thinking by using taxpayer money on even more big government.

Blacking out tomorrow

Like many sites across the internet, pixelscribbles will be blacking out on January 18 from 8am to 8pm Eastern US time in protest of proposed US legislation that ostensibly seeks to stop online piracy but would ultimately result in curtailing free speech across the world.

I’ll be using the SOPA Blackout WordPress plugin. However, I wasn’t a fan of the default intro text, so I wrote my own. Here’s what I came up with; please feel free to use it yourself. I encourage writing your statement in your own words if you can, though; that makes it all the more powerful.

pixelscribbles.com is currently blacked out in protest of SOPA and PIPA, two fundamentally flawed pieces of legislation currently being considered by the US government. If enacted, these bills or others like them would have far-reaching consequences across the globe. Their flawed reasoning and careless wording would give censorship power to corporations, blocking the free flow of information from country to country, isolating us from one another. It would put US citizens’ knowledge of important events such as the Arab Spring in jeopardy. You can watch the video below for more information, and this blog post summarizes the timeline of events. I’m including links to more information below.

Many of the sites I’m linking to are likely blacked out in protest today–Wikipedia is just one such example. If that’s the case, please save the links and read them later.

SOPA, HR 3261: The Stop Online Piracy Act, was until recently being discussed in the US House of Representatives. It has been shelved, for now, due to the online backlash.

PIPA, S. 968: The Protect IP Act, is a bill in the US Senate with similar problems. This bill has not yet been shelved.

Here is more detailed information and analysis about the bills:

While this legislation has many supporters in the entertainment industry (click here for a list as of January 14), many other companies have come out against it, including Facebook, Twitter, Google, Mozilla, Wikipedia, and Reddit. Here are a few articles on the subject:

Where do your Senators and Representatives stand on PIPA and SOPA? Click here to find out. You can then use the form below to contact the people who are supposed to be representing your interests, not the interests of big companies.

Conrad’s cold pack

I just discovered that someone sold Conrad-branded cold packs with his cringe-inducing pun, そんなはずがアラスカ, printed on them. Here is a picture from an eBay listing for the item:

Photo of Conrad cold pack from eBay
This line, そんなはずがアラスカ, is a play on the phrase そんなはずがあるっすか?, which basically means “That couldn’t be the case.” Literally, it’s more like “Could you really have that expectation?” What Conrad is doing is changing the very last part, the part that asks the question. He leaves the introduction of the topic, “the case” or “that expectation”, and then changes the question part to–wait for it–ALASKA.

For those of you who don’t read Japanese, here’s a romanization that will make everything clearer.

The original phrase: sonna hazu ga arussuka?

Conrad’s version: sonna hazu ga arasuka.

Just a slight sound change, and the whole meaning is different! Yet similar enough to be punny.

Of course, this joke fails, because it doesn’t make any sense. Alaska? What? When Conrad makes this joke in Kyou Kara Maou, Yuuri is horrified that such a cool, handsome guy like Conrad would make such a terrible pun…

Conrad is pimp.
…but he reminds himself that everyone has to have a flaw somewhere.

Here’s the kicker, though. In Japan, when a joke falls flat, people basically respond by going, “Brr! It’s cold!” I don’t know why this is, but in my head I equate the cold, frosty scene after a bad joke in Japan to the crickets and tumbleweeds we evoke here in the US. And this, my friends, is why it’s so hilarious that Conrad’s terrible pun is printed on a cold pack.

Conrad’s jokes: guaranteed to cool you down.

Rotate that underwear

I watched Frasier religiously when it was on the air, and one particular comedic moment has stuck with me since. I haven’t seen the episode in years, but I can still see it in my head (though I may not have the exact wording correct).

Daphne is preparing to move out of Frasier’s apartment so she can be with Niles, and she’s fretting over who will take care of Marty. She rattles off a list of perfectly normal things she does for him, but when she gets to one particular item, she’s met with shock and confusion.

“Rotate your underwear drawer–”

“What?”

“Oh, you know, go through and throw out your old underwear and replace it with new. Surely you didn’t think you’d been wearing the same ones all these years.”

“…I just thought I’d found a really good pack.”

Enterprise

Up until recently, I had never really watched the Star Trek series Enterprise, which tells the story of the first warp 5 vessel. When it originally aired, I was turned off by all the sexuality in the pilot, and after that I only saw two more episodes–one in season three and one in season four–because a guy I went to high school with had become one of the background ensigns and I wanted to check it out. But “Hatchery” wasn’t a good stand-alone episode, and the other episode I watched was the Orion slave girl episode…so you can see where I might not have been interested in checking out more of the series. Now, however, Enterprise is available on Netflix, so I figured I’d give it another chance, go back and watch it from the beginning. I started while Sean and I were in New York, and we just finished the four-season series last night.

I loved it. Once I got past the pilot, things started to click for me, and I devoured the first two seasons. I grew to love all the characters. Archer is awesome, of course. I really enjoyed Dr. Phlox, with his open mind and congenial personality and solid ethics. He might actually be my favorite character. And then there’s Hoshi Sato, with whom I had a love-hate relationship that I couldn’t help but try and dissect on Twitter. I wrote that I was glad to see a female character who didn’t fit the modern bad-ass chick stereotype–Hoshi was very smart, and her talents were extremely useful, but she had weaknesses too. She got scared and often started to panic and had to be talked down. Her weakness also frustrated me, of course; I wanted her to just get it done. But it was realistic. She was real. She was a person, and I appreciated that a great deal in this media universe of stock female supersoldiers (and characters of any gender who can somehow handle anything).

The first two seasons introduced the universe to the crew of the Enterprise, focusing on exploration and first contact situations. Those two seasons are my favorites; they embody the soul of the opening credits, which I’ve come to consider a love song to the space program. Faith, strength, curiosity, the need to reach the stars…that’s what Enterprise was about to me.

It was a little jarring when, all of a sudden, Enterprise turned into a show about saving the Earth from an alien Death Star.

It took me some time to adjust to season three. The probe attack on Earth and the following few episodes felt rushed; there were moments that were supposed to be evocative that simply fell flat due to the awkward pacing. I knew I should care about Trip’s sister, but I was still reeling from the abrupt change in format. If I’d been watching the episodes as they aired, I would have been very distressed–and if I’d missed even one episode from the beginning of the Xindi storyline, I would have wondered whether I was even watching the same show. The confusion and unhappiness might have caused me to stop watching. From what I hear from friends, that’s not far from what happened to the Enterprise audience.

But I wasn’t watching as it aired; I had the luxury of going straight to the next episode. I’ve found myself far more forgiving of a show’s foibles when I watch it in marathon sessions. So it wasn’t too long before I got used to season three and even started to enjoy it. I think the writers needed time to adjust as well; the story of each episode felt stronger as the season progressed. By the end, I was totally on board and thrilled to be there. It was intense and the final battle was totally epic and I loved every second of it.

And then there was a mini story arc that I wish had never been inserted, because it did nothing but deus ex the entire Temporal Cold War plotline in the silliest, sloppiest way imaginable. The episodes “Storm Front” and “Storm Front, Part II” are by far the worst episodes of Enterprise, and possibly the worst episodes in all of Star Trek. The cliffhanger that introduced these episodes was inserted into the last few seconds of the final, triumphant episode of season three; it felt like the writers were trying to ensure their survival to another season. I’ve come to abhor this tactic, as it throws real storytelling out the window in favor of audience blackmail. TV writers, I implore you: just write good stories. That’s what we want; that’s what will keep us watching. We don’t want to be coerced. We’re getting tired of it. Eventually there’s always one cliffhanger too many. And I wouldn’t be surprised if this farce lost Enterprise the viewers who had adjusted to the Xindi arc.

After the tale of the time-traveling alien Nazis is over (I told you it was terrible), season four goes right into a very strong, multi-episode arc involving Noonian Soong’s ancestor Arik and some leftover Augments (human supersoldiers). These episodes feature the wonderful Brent Spiner, and Sean and I watched them all at once. The story was wonderful and there was a cute nod at the end to cybernetics being perfected “in the next generation or two”. There are episodes like that in the first two seasons, where things that happen in other Star Trek series are foreshadowed, and it’s always fun. (There were probably many examples I didn’t recognize; I plan to continue watching the Trek series to see what I missed.)

Despite how much I enjoyed the Soong arc, though, I was starting to get a crawly premonition. Enterprise was starting to feel like a different show again. Rather than going back to the season one and two mission of exploration and discovery, or into another war like season three, season four seemed to be transitioning rather rapidly into a show about intergalactic politics and peacekeeping.

Fine, I thought. I could handle a few stories like that. It made sense. The series had to deal with everything that had happened, including new alliances and temporal agent Daniels’ promise that one day Archer would help to form the Federation. But I had a sinking feeling that it wasn’t going to be a few episodes here and there–that the series I’d come to love was lost forever. And I was right. While there were a few stand-alone episodes that evoked the first two seasons, for the most part season four was a series of long story arcs tying humanity into other species and Enterprise into other Trek series. It was good, at times great, and always interesting, but it wasn’t what I’d come to love and expect.

There was another problem with season four that really got on my nerves, and that was retconning Hoshi into a poker playing aikido black belt. There was no indication before season four that Hoshi knew martial arts (other than standard Starfleet hand-to-hand), and she didn’t seem the type to organize ethically dubious poker games and break her CO’s arm over them. I could understand Hoshi gaining confidence in herself after going through what she went through in the Xindi storyline (though honestly an emotional breakdown would have been more in-character), but making self-confidence changes and retconning badassery into her past was going a little too far. It’s possible the writers were responding to criticism of Hoshi; one reviewer apparently dubbed her the series’ “screamer”. But they should have stuck to their guns and continued delivering a believable character rather than succumbing to pressure and resorting to the military chick/Asian martial artist stereotype. (They did backpedal a little toward the end of the show by having Archer and Hoshi recall her former timidity; she admits that she’s just gotten better at hiding her fears. This felt consistent with seasons 1-3 Hoshi but not with season 4 Hoshi.)

While the Terra Prime story arc felt like something out of Babylon 5, I wasn’t unhappy with it. It had a tragic but realistic ending. At that point I just wished I could watch more episodes, see Trip and T’Pol work through what had happened together. I guess they actually didn’t do that, though; if the capstone episode is to be believed, their relationship pretty much ended with that tragedy.

I didn’t have a problem with Riker and Troi (and Data’s voice, and a mention of Reg) being brought into the final episode. The Next Generation was always the most accessible Star Trek to me, optimistic and curious, so it felt almost like coming home to have them round out the show. Thinking about it, I can see where it might be something of an affront to the Enterprise cast; they weren’t allowed to finish their show by themselves, in “real time”, but were instead relegated to a holodeck program for a completely different cast. In that light it might have almost been better to just end one episode sooner. But I liked getting that feeling of continuity, of feeling that what Archer and T’Pol and Trip and Malcolm and Travis and Hoshi and Phlox did existed in the “real” timeline. I don’t want to say it gave the show credibility; I think Enterprise was pretty credible (and in many ways incredible) on its own. But it cemented Enterprise‘s place in Star Trek history, and that was nice to see.

I did sort of wish the show’s conclusion had been more open-ended, though. I’m not the type to flip to the back of a book to see how it ends, so it was a little depressing to learn how Trip dies, and when Enterprise is decommissioned and the adventure is over. The six years between the final two episodes allow room for more stories, but now that I know what ultimately happens, there doesn’t seem to be a point in hearing them. They seem futile and pointless. (Obviously, the idea of “fate” turns my soul to lead.)

I think in season four the show lost its balance; where before it foreshadowed the events of other Trek series, in its final season Enterprise almost became the other Trek series. Too much changed at once. It was almost like skipping ahead a few decades in the timeline. They were good stories, but I’m not sure they matched the people at that point in time. At the beginning of the show, humanity had only just gained the ability to travel to distant systems at a decent speed, and by the end–before the seven-year jump ahead in time–they were brokering peace agreements between species they barely knew. It just seemed a little odd that a crew so reliant on the Vulcan database would suddenly have the knowledge and expertise for the kind of missions seen in The Next Generation, and that the original mission of exploring and increasing Earth’s understanding of the universe would be so quickly bumped down the priority list.

But maybe I’m being hard on season four because I liked the earlier stories better.

In the end, I’m left loving seasons one, two, and even three despite its faltering start…and liking season four a lot, though not on the same level. I wish the show could have continued from season two into more stories about exploration, but I’m happy to have gotten what I did. Thanks to everyone involved with Enterprise: you made a great show with wonderful characters. I look forward to continuing to the other Trek series.

Media bias; plus, what I’m up to

I love it when Den Beste points these things out. What you see or read on the news really is just a matter of how the news organization wants to frame the information they’ve received.

I finished off Harry Potter and the Prisoner of Azkaban with time to spare before seeing the movie last night. I must say, it’s my favorite book so far. That may have tempered my opinion of the movie, too, because I came away from it feeling like it was the best of the three, while Kelly was far less impressed.

Regardless of whether or not the movie is actually good, I stand by my opinion that the soundtrack is the best of the Harry Potter music, and is indeed the best from John Williams that I’ve heard in awhile. The man is my idol, musically, but of late he has taken to essentially plagiarizing himself. (For example, of all the music in The Phantom Menace, the only truly unique theme was “Duel of the Fates”. For a more relevant example, the main theme we hear when a Harry Potter movie opens or is advertised is almost exactly the same as a spooky, magical little melody from Hook.)

Having blown through three Harry Potter novels, I’m starting to feel like a real reader again. In fact, tonight I finally started reading The Time Traveler’s Wife…and it is really, really good. I’ve missed being a reader; I haven’t been voracious about it since sometime in high school. The only thing I don’t really like about reading is having to handle the books. There is no comfortable way to read. I have three typical positions, which I switch off as I get uncomfortable: on my back, holding the book over my face; on my stomach, with the book resting on my pillow; and sitting cross-legged, leaning down towards the book. Depending on the size and weight of the book, lying on my back, which is otherwise the most comfortable position, can be a true hassle.

I don’t particularly like reading things of novel length on my computer, because I have no real way of stopping. It’s not like I can put a bookmark in exactly where I want to (although I don’t know about ebook software, and whether or not this is possible with that). I have read in the La-Z-Boy we got from Sean’s parents, and it works out okay: I can prop my elbows on the armrests, which is something of a relief to my arms. Maybe with a pillow in my lap it would work out…

It might be fun to take a book over to the workout room at the apartment clubhouse and read while walking on a treadmill. I may try that at some point; more exercise would definitely be a good thing.

Work has been much better than it was on Monday and last week. I’m not sure what my problem was, but at least part of it can be attributed to hormones and lack of sleep. Yesterday I had something of a bad experience on a call, but I refused to let it bother me. I was pretty impressed with myself afterwards. If it had happened on Monday, I’m not sure what would have happened.

Mari and Brooke and I were supposed to bellydance today, but things didn’t work out. Hopefully we will be bike-riding tomorrow, and maybe we can squeeze in some bellydance too. I would like to get myself on a regimen of going through all the basic bellydance motions, several times each, every day. I got the idea from Mari; it would be a fantastic aerobic/muscular workout. Now I just need to figure out what time of day I want to do it. I would have time in the morning if I got up at 5 (like I usually try to), but I would also have time right after work, in the “dead” time between then and when I have to start making dinner. I suppose I could just dedicate myself to doing it during one of those two times.

I need to go grocery shopping and pick up some meat for the week, and vegetables. Perishable food is the bane of my existence…I have trouble actually using it up before it goes bad. At the same time, though, I really want to start eating fresh foods, and stop using packaged/processed products.

As a final note…I found a couple new blogs to read recently. One belongs to a 17 year old and the other belongs to a 73 year old. I found them through Blogger’s new profile feature…I have “emotion” listed as one of my interests, and out of curiosity I clicked it to see if anyone else had used that word too. Interestingly, only a handful of people came up. Of those, I found myself drawn to these two: goei and rare.

rare has a sort of rambling, stream-of-consciousness, yet somehow practiced and beautiful flow to his writing, and yesterday he wrote something that really touched me, so I would like to share it.

Journalism, and how to fund things without advertising

Interestingly enough, Den Beste recently wrote about the decay of journalism in the United States…I just read his piece.

I don’t know how I would solve the problem either, but I think turning all news organizations into nonprofits would be a good start. Of course, I’m not sure how this would be accomplished while allowing the organizations access to the technology and travel they need to get the story. I hesitate to say that they should be government subsidized, but I’m not sure that advertisers would approach them in the same way if they were nonprofit…and to be honest, I don’t think the news should have advertisements, and this change would certainly destroy their budgets.

It’s gotten to the point where I really just hate advertisements of all kinds. With the Internet, I can pretty much find whatever I need, via informative websites or word-of-mouth on forums or from friends. I can’t actually remember ever seeing an ad, thinking “Hey, I could use that!” and then buying something.

Most of the time I ignore ads completely. I throw away the coupon books and flyers we get in the mail, too. Coupons are a huge scam; they give you discounts on things you didn’t want in the first place. You’re not saving money, you’re wasting it on stuff that clutters up your house, or food that will sit and rot in the fridge because “it was such a great deal!” and yet no one wants to eat it.

I don’t need to even start on how annoying pop-up ads and spam are.

For some time now I’ve been thinking that advertising needs to be eliminated, or at the very least transformed. But I’m not entirely sure how, and that is why I can’t solidly recommend a way to take advertising out of the news.

I’ll probably post more about this later, but my lunch break is over now, so…ta-ta!

Newness

I’ve added a comments feature to this page, using BlogKomm. (Who knew?) And so, from now on, I won’t be updating my LiveJournal or Xanga sites. They will, like my unknown Blog-City account, fade into obscurity and nothingness.

I’m going to try to move the comments from both sites over to this site eventually. For now my main goal is to redesign this page to make it look a little nicer, and to make the comments fit better. I also need to add my new RSS (Atom) feed as a link on this site.

The main reason I’m posting now is because I’ve started using Bloglines to subscribe to pretty much everything I read…and through Bloglines I’ve been reading a lot more news. Because of that, I have six links I want to share…so here they are!

And that’s about it. I’m sure I’ll find more links soon though…Bloglines is going to suck my life away, I just know it.