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New Look at Piracy, Pg. 2

Broadcast TV has failed to deliver what I really want, and now I'm going to get what I want without broadcast TV. The clincher is that the experiences of using DVR technology and using BitTorrent are strikingly similar. With both U-Verse DVR and BitTorrent, I would:

  1. Find a program and get it recording/downloading;
  2. Wait for it to be finished and come back whenever I want to watch it.
  3. For U-Verse, I skip over commercials in 30 second leaps. For BitTorrent, the commercials have been conveniently removed—effectively, these are about the same experience, though BitTorrent is slightly more convenient and time-saving.

Thus, if both experiences are effectively the same, but my BitTorrent copy deletes commercials that would have been skipped over anyway (and saves users the time of reaching for the remote and finding the exact spot where the commercials stop) and offers more content choice than using my DVR... well, it's pretty obvious why users are willing to sacrifice a little image quality to pirate content.

BACK FROM HELL... BUT WITH CASH TO BLOW
I could stop there and say broadcast TV's myopia has effectively forced me into BitTorrent piracy once and forevermore... but that would be a lie. The fact is, contrary to what most people might think, an act of copyright infringement of a TV series is actually a huge win for the TV series' creators. Yes, a fan has resorted to piracy to seek out episodes to play in the original order they were intended... but that fan is still watching their TV series. Meaning, they still have a person's attention. Thus, it doesn't follow that a person will continue to pirate every episode of the TV series just because they can. On the contrary, the more a person pirates a series, the more of a fan that person becomes (if the series is good, of course)... and the more likely that person is to keep watching the series on DVR. Right now, the best quality image is still on TV so, when given a choice to view content on a TV set or through BitTorrent/web streaming, I know that I would still prefer to watch stuff on my TV. Why? If I can get all my content for free, why wouldn't I? Because BitTorrent and web streaming piracy is still way too much effort (i.e., it takes too much time and it's too inconvenient) and pirated web streaming is typically of far poorer image quality (it has poor embodiment). This is the single most irritating myth I hear invoked about piracy, that "piracy is a lost sale". Rubbish. Maybe that's true in some cases, but piracy is never as clear cut as always equating to a lost sale. In my case, piracy actually leads to sustained and increased fandom because the more attention I give that content, the more time I have to become a fan of it... and the more I think about buying DVDs on Amazon for myself and/or my friends. Perhaps this is why rumors persist that allowing copyable content (music, movies, books) roam free on the internet without copyright enforcement actually increases the sales of non-copyable content (merchandise, concert tickets, lunch with the content creator, watching in IMAX 3D). Of course, people resort to piracy for many reasons, but I still believe that casual users—which likely represents the bulk of pirates out there—don't resort to piracy merely because they can get something for free. If I could get anything I wanted for free online without fear of negative consequence, why do I still pay for cable? Why do I still pay for Netflix? Why do I still buy off of Amazon?

Piracy, at its juicy inner core, is really about control. Consumers of digital content want what they want and if producers can't figure out how to make money by giving consumers what they want, consumers will get it regardless. The mortal sin for producers is that if they remain obstinate enough to allow consumers to venture into piracy (and yes, piracy is the producers' fault for not fulfilling a market need quickly enough), producers have not only lost an opportunity to get their consumers' money, but they've also lost a chance to get their consumers' attention. As anyone in marketing knows, it takes seven touches to a sale, so the more attention your customers give your product or service, the more your sales should increase overall. Pirates are also fans, and fans buy stuff. As long as producers are clear that fans don't buy the actual product, but the intangibles embedded in the product, producers should be fine with letting their content be freely available online. Content only gets buyers in the door, but intangibles are what get money changing hands. Another mental eddy I run into is people seeing red when they hear the word 'piracy'. People's brains shut down. Their knee-jerk reactions seem to be steered by moral judgments they've made months, or even years ago, about theft: It's wrong, it's theft, they're pirates, and they should go to jail.

Theft is actually an Analog Age concept—taking an apple from you which deprives you of its use—and if we apply the rules of the Analog Age to the Digital Age, this would certainly be true... but the Digital Age has new rules. Never before has it been possible to infinitely copy a product with zero cost to the producer. If I could go back in time 600 years and tell someone a book could be copied and sent to every person on the planet in less than a day, they'd laugh in my face. A book, they'd say, is a scarce object, something venerable because of its inability to be copied. (Even if a book were copied back then, it would still be so original that it would remain unique.) But then they'd see the invention of the Guttenberg press and be both amazed and horrified about its ability to duplicate books with ease. As printing presses increased the supply of books, their price per unit dropped and what had previously been scarce was now suddenly far more abundant and accessible. The Digital Age is merely the latest evolutionary chapter: instead of having a low cost of reproduction, we now have a zero cost of reproduction. And when something can be handed from one person to the next without any cost to the producer, it cannot be defined as theft under any definition. Even the law recognizes there is a difference—illicit digital copying isn't called theft, it's called infringement.

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