Showing posts with label SOPA. Show all posts
Showing posts with label SOPA. Show all posts

Wednesday, January 25, 2012

Is music still for sale?


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"...the products of artists may no longer be a saleable item."
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Regardless of your taste in music, your favourite genre can probably be traced back decades ago, to times of starving musicians, in small studios, recording on primitive equipment. Distribution of the music was by radio, or even if fortunate enough, to be seen live in small venues.

Nearly without exception, one can listen to these old recordings and be in awe of the talent, and groundbreaking changes that were being made in music. There were no shortages of artists, or floods of awful sounding musicians and performers. These musicians were often less than affluent, and shared their music out of the pure passion of the arts.

Today we have superstars worth millions and millions of dollars. Production company executives living in mansions and enjoy a life of lavish extremes. Not for a moment would I suggest that these artists, producers or executives are contributing less to the art of music, and equally, will be look back at decades later as innovators and geniuses.

So what has changed from the early years of music to present? It is obvious that the amount of income that a superstar (and associates) is a whole different world now. The direction the music industry travelled, with sales of physical recordings, huge distribution channels, royalties, fundamentally changed the income model for musical performers.

But now, there has been another market fundamental change. The internet, the ease of the public to access recordings, and bypassing all of the middle income gathers. Music Piracy. As per a previous blog post, I think this is yet another case that we are attempting to fit an old business model into a new medium that simply does not fit.

To reiterate, the music industry was healthy and booming and innovative in the early 1900’s .. and the market set a value to these performers.. Even with incomes similar to other professions outside of the industry. With the new world of the internet, the market is speaking once again, not willing or wanting to pay for physical recordings, nor paying licence fees, or royalties. We can try to legislate to the market to continue this ridiculous income levels for the performers, distributors and production. I suggest let the market sort this all out. Maybe an artist will settle back to where their true value is, not a starving homeless soul, but live a comfortable life off of live performances, endorsements etc.

Videos, recordings etc, the market has clearly determined are mere commercial advertising opportunities to gain recognition, and fame. Although as incredible it may be to imagine, the product of artists may no longer be a saleable item. Music will continue to exist, as it did before every executive was driving a Porsche or Jaguar. I don’t expect that the artists that shaped today’s music so many years ago drove Lamborghinis and wore millions of dollars worth of jewellery. But the music is here, and will never stop.

A painful but very real market correction is in the works, and police, a judge with a gavel, lawyers cannot stop it.

Friday, January 20, 2012

[SOPA] New Mexico: Females are strictly forbidden to appear unshaven in public.


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"...a product or service blindly thrown to the pack of wolves on the internet" 
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In California it is legal to drive the wrong way down a one-way street if you have a lantern attached to the front of your automobile, and in Glendale Arizona, cars may not be driven in reverse.

Our law books are filled with statutes that at one time or another were quite relevant and served appropriate service. We look back at these, and (as I did as I researched this blog) and can enjoy a good chuckle, and they now look ridiculous as we compare them to how the world looks in modern times. Lawmakers have no crystal ball when enacting new laws; they can only base these on what is here and now. As mechanics, technology, culture evolves, often times these laws become obsolete. As cars replaced horse drawn carriages, laws that required hitching posts in front of business, needed to be replaced with car traffic laws.

Stop Online Piracy Act (SOPA) is faced with similar challenges. As I read debates on the for and agaist of SOPA, I chose not to comment on either side, but I did come to the conclusion that we are trying to enforce hitching post laws, in a world of automobiles. Piracy, Trademark, Intellectual Property, Counterfeit laws have all been designed, and written when there was no vehicle for the world population, at a click, to share information. The internet has (obviously) evolved into a world marketplace that to some, is impossible to police.

I will not cry uncle, and say that because it is difficult to eliminate the evils of market abuse we don't need to make an effort to curb illegal activities. But I do suggest that it is now time to revisit all of the laws relating to Piracy with the new world market the internet as a core to the new laws. The debate on enforcing laws that are now unenforceable, and possibly irrelevant will never cease, as long as we continue to drive a square peg (the existing laws) into a round hole (the internet).

Clean slate, new technical innovations, new methods of revenue generation for those that have rights to property need to be the primary drivers. Business and property ownership, is a self correcting market, even in the case that lawmakers chose to continue attempting to police antiquated laws, the market, after suffering a loss, will find ways (technically or otherwise) to counter this loss. This relative “short term” pain of piracy, IP theft, Copy write infringement etc will be countered, just by the pure nature of the free market system. But a helping hand of legislators, scripting laws that are current and enforceable might speed the natural market correction just a bit.

I have received a number of comments on my articles, expressing that it is hard to see my point. For what it is worth, I prefer that my readers determine their own point, and extrapolate on the oversimplification of thoughts I provide. However, in respect to these requests, my point in this is simply summarized to the fact that in order to address the issues under the SOPA efforts, is to embrace the new world of the internet, and rethink what new laws should exist, and what can the market do to protect their assets on their own. Acknowledging that a product or service blindly thrown to the pack of wolves on the internet WILL be taken without remuneration is an unfortunate fact. Maybe the market (without lawmakers) will be forced to develop a way to protect themselves.