The cruel snows have fallen for many years now, but still the arrogant, ignorant, cold-blooded dinosaurs thrash around, fighting a battle they simply cannot win. Even a minor victory is utterly insignificant. The ice age has begun, and it’s only getting colder — they will all die eventually.
According to the New York Times, on Monday, an Australian court ruled against Sharman Networks, the owner of the popular Internet file-sharing program Kazaa. The judge ordered that Sharman rework Kazaa to make it impossible for users to download copyrighted files.
This is utterly absurd.
It’s akin to a judge ordering Smith & Wesson to only manufacture firearms that do not permit their owners to commit murder.
The basic idea is that, while Kazaa does not encourage breaking copyright laws, the company knows that that’s what many users do. So if you know that people are using your service to break the law, you’re liable in some sense. But wouldn’t that apply to just about every Internet service provider, too?
Fulfilling the judge’s order is next to impossible because whatever copyright safeguards Kazaa might try and implement, people will get around them.
This is the nature of the Internet, its blessing and curse: You have millions of minds that will attack a problem or an idea. We see the principles of evolution manifesting in a virtual, technological universe. The record companies try to shut down one program, one site; new ones show up in a day. Already, there are file-sharing programs vastly superior to Kazaa — and many of them don’t have companies you can sue.
The Motion Picture Association of America and the Recording Industry Association of America are hopelessly outnumbered and outgunned — it’s like a technological Revolutionary War. The recording industry is the Redcoats, bumbling in, trying to fight a traditional battle by going through the courts. Meanwhile, the Internet is filled with invisible guerilla soldiers — minutemen — who know the territory.
And just as the revolutionary soldiers were fighting for freedom and a radical new paradigm, so are many file sharers.
To the British, what were those who raised arms against them? Traitors, guilty of treason against the crown. Likewise, today’s file-sharers are criminals, no different than petty shoplifters.
History has judged the founders as patriotic heroes, and while I doubt file-sharers will receive similar accolades, the world’s attitudes toward the free flow of art and information are rapidly evolving.
To quote Luke Sywalker addressing the gluttonous worm Jabba the Hutt, “You can either profit by this or be destroyed. It’s your choice, but I warn you not to underestimate my powers.”
The positive aspects of file sharing must also be noted. Most downloaders still spend money on CDs and DVDs. In fact, file sharing stimulates future purchases. Whether a friend loans me a CD or I copy it from someone else’s computer — is there substantive difference? — there is a strong chance I’ll financially support the band in the future.
File sharing also grants survival to obscure media. Through file sharing, old Nintendo games, rare foreign films or the complete series of beloved childhood cartoons can continue to exist.
The world’s media companies must heed the lessons of history: evolve or die.
The dinosaurs were massive, powerful, vicious creatures, much like the music and film industries. They seem to share another characteristic, too — weak, tiny brains.
Write to David at
swimminginbrokenglass@gmail.com
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