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Boning Up on the Hybrid Economy *Updated*

Sunday, November 30, 2008      Text size:   
Last week, the Free Speech Coalition organized a day-long summit that focused on the issue of digital piracy. It was a more significant occasion than it sounds. In convincing a day's worth of motion picture, music and television industry execs to participate in a public discussion with members of the adult entertainment industry, FSC's fabulous Diane Duke, with the help of some connected law firms, engineered quite the coup. The exceptional program she put together culminated in a lively discussion between Vivid's Steve Hirsch and AEBN's Scott Coffman, which I was privileged to moderate. So a lot of ground was covered that day.

For many in attendance, though, much of what was discussed was more than familiar, and some expressed frustration that more new ground, i.e. solutions, was not forthcoming. But it never was to be; this first go-round was an initial conversation between previously estranged members of the same digital family, an essential step but too soon for the whispering of sweet secrets; if, that is, any exist.

Truth be told, it was all too clear that our big Hollywood brothers have no silver bullet (or sword) in their possession with which to smite pirates, and in fact continue to ask of themselves many of the same questions we have asked of ourselves these several years. But more saliently, it also came clear that the industries, as much as they differ, also tend to frame the questions similarly, and in doing so reveal a shared view of the desired uses of copyright and the business models that flow from them that are increasingly at odds with the myriad ways that people use and enjoy digital content.

It was in this context that the one comment during the day that really caught my ear happened to be a passing remark about the incoming Obama Administration and the fact that "we" could not expect any relief in the area of strengthening copyright laws to better protect against digital piracy. The reason offered was the presence of Lawrence Lessig on the transition team.

The comment interacted with a sense of unease I had been feeling that we who had convened that day were coming at the issue of piracy and copyright from an incomplete and ultimately ineffective perspective. My sense of unease was heightened by the fact that while there was such a high level of experience, intelligence and mainstream corporate influence in the room, an imperative side of the copyright argument was barely being acknowledged.

A few days later, I bought Lessig's latest book, "Remix: Making Art and Commerce Thrive in the Hybrid Economy," and read it over the holiday weekend. Lessig is, of course, a professor at Stanford Law School and a well-known advocate for easing legal restrictions on copyright. Remix is the third in a trilogy of books he has written on copyright and content in the digital age. If he has Obama's ear and the attorneys for Hollywood et al see him as their (and our?) ideological enemy, I wanted to know exactly what is on his mind.

What's on his mind is far more that I can convey in this or a dozen columns, but I will try in the months to come to insert his ideas into the discussion where relevant, not just for argument's sake but because they need to be incorporated into our everyday assumptions. They need to become a central part of our continuing conversation.

In my column in January's XBIZ World, I'm going to talk briefly about two of Lessig's core ideas - Read Only (RO) and Read/Write (RW) cultures and the three core economies; commercial, shared and hybrid - and their relevance to the adult entertainment industry.

If the Obama transition team is boning up on this stuff, so shouldn't we?

*UPDATE*

There has been some transition activity related to copyright, with Lessig right in the middle, of course.

A compendium of random musings by a dedicated misanthrope on the ever-fluctuating state of the adult entertainment industry.

Comment Posts:
An excellent post, Tom; and indicative of the range of challenges that intellectual property owners face — especially if the lawmakers they turn to no longer feel that "copyright ownership" is something to be "owned" at all...

We'll look forward to your future installments.
Stephen posted on Dec 01, 2008
While Lessig et al can be a little bit too optimistic about Remix Culture and its relationship to IP owners, I think that the new models that he and others have put forward can do a great deal of good for the Internet adult industry, especially for smaller producers/providers of content.

It's a shame that the FSC summit did not do more to integrate new theories of e-commerce and IP into their agenda; if they keep looking to "old school" industry leaders and their increasingly outdated views on IP in the Internet era, we're never going to move forward. We need to be working _with_ people like Lessig on this front, not against them.
Feminasty posted on Dec 03, 2008
To Feminasty:

I completely agree with your comment on the almost giddy optimism expressed by Lessig et al, but to be fair, he sees a crisis looming and seems to be "shouting" in order to be heard. We can only hope that, once heard, he and others will advance these new models cautiously. I'm deciding whether to hold my breath. ;-)

As to the FSC Summit, the fact that Lessig was mentioned means that these ideas were being addressed, albeit insufficiently. But that responsibility I think ultimately falls on the speakers. They either want to have that conversation, or they don't. They may not have wanted to have it then, in public, but I think they must be having it back at the office.

I can also say with certainty that the FSC, whose Board I serve on, is most definitely not closed off to any ideas, new or old, and that some of us enthusiastically embrace the new theories without discounting the traditional ones. But for all media industries whose core models have been powerfully sustained by copyright law, this evolution will be the hardest of all.
Tom posted on Dec 03, 2008
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