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Book Reviews
Sunday, July 24, 2005 - Last Updated: 7:50 AM 

TWO FUTURES: ONE PASSIVE, ONE ACTIVE

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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.