Media analyst takes well-reasoned look at struggle over copyright
DARKNET: Hollywood's War Against the Digital Generation. By J.D. Lasica. Wiley & Sons. 308 pages. $25.95.
To put it bluntly, copyright law in the early 21st century is a stinking mess.
Consider:
Most Americans would agree that the pirates who make and sell cut-rate
copies of "Revenge of the Sith" for profit are nothing but sleazy
thieves. But what about the 15-year-old "Star Wars" fan who puts up
still images from the movie on his not-for-profit sci-fi Web site? What
about the twentysomething DJ who wants to "sample" snippets of the
Darth Vader theme into a digital dance "mash-up" for a weekend dance
party?
Like it or not, all three acts are likely illegal. And
Hollywood's answer to this alleged threat? Laws that would put shackles
on practically every type of electronic device and media file you
purchase and own.
Though little noticed by those who don't use
the Internet, the emerging movement toward peer-to-peer, networked
media is crashing headlong into a body of laws and a wall of economic
relationships with foundations that predate the electric light bulb.
Predictably, the shape of our technological and cultural future will be
molded by the outcome.
To date, much of what has been written
on the subject has tended toward the extremes. From the techno-geek
anarchism of the "Information wants to be free" movement to the
scary-slick "File-sharing is theft" rhetoric of Hollywood's Jack
Valenti, the choices often seem falsely stark.
Grassroots media
pioneer J.D. Lasica has perched prominently at the silicon intersection
of culture and technology for much of the past decade, building a solid
reputation among both journalists and the technorati. His first book is
a welcome addition to the digital media debate, offering an honest
critique of the current situation and a well-reasoned prescription for
what should be done.
Though he recognizes and defends the value
of copyright protection, Lasica has only slight patience for the
entertainment cartel's self-serving rhetoric. "Darknet" is the story of
an outlaw underground of innovators who are creating a digital future
that, if brought into the light, could offer society a truly democratic
media. Rather than embracing that future, Hollywood has used the law to
bludgeon it. Billions of dollars are at stake, but so is something even
more important: control.
In the current system, studios make
"content" for consumers, who pay for the privilege of being entertained
by that content as it flows past them. In the future Lasica envisions,
those "consumers" are also "users," applying technology to
remix, store and share their personal media experience. One future is
passive. The other is active, creative -- and utterly horrifying to the
middle-men who now dominate the movie, music and publishing industries.
Meanwhile,
the fight goes on, with a U.S. Supreme Court ruling in June boosting
the entertainment cartel's ability to sue technology companies that
create products that can be used to violate copyright. Some contend the
decision will have a chilling effect on innovation. Others say it's all
irrelevant anyway, like trying to hold back the tide with tissue paper.
Whatever the outcome, "Darknet" likely will be remembered by
future cultural historians as an ironic and visionary artifact from
2005. If history is any guide, we are likely to waste enormous
resources and opportunities before our corporate keepers grasp the most
fundamental of New Media concepts: The best protection against piracy
is a good business plan.
Reviewer Daniel Conover is a features writer for The Post and Courier.