Article: Congress Seeks to Expand DMCA
Digital copyright protection is one of those wonderful topics that get people yelling at each other. The entertainment and software industrial complex are the major victims of copyright infringement, because that’s what people download and pirate — Movies, music, TV series, video games, and applications intended for serious productivity. I will not dispute the fact that software piracy is essentally theft, and that it’s wrong. That’s not my point today.
My point has nothing to do with the ethics of software piracy. Rather, I simply wish to state the fact that it is insane to believe that one can continue to make money from a product by trying to control the distribution of that product, when current technology makes it possible for anyone to make dozens of perfect copies with minimal effort.
Ultimately, attempts to criminalize copyright infringement with steeper penalties, to create more and increasingly pernicious protection mechanisms — are an exercise in futility as far as actually stopping the practice of copyright infringement. All they’re doing is putting temporary stumbling blocks in the paths of the hackers and making life more unnecessarily tedious for the rest of us. If the big names in the entertainment and software industries do not give up on this, and we don’t stop them, it will bring about the age of technofeudalism.
Technofeudalism is a resurrection of the medieval feudal economic model, except that the peasant class now includes people of all levels of wealth, lording over which are the companies that control the software and entertainment we use. It is a world where our productivity is governed by proprietary formats, and software is no longer purchased but subscribed to. It is a world where there is freedom in the physical world, but cyberspace is a realm of serfs and vassals. Whether or not this can be avoided depends on whether or not our needs can be fulfilled by people operating on different business plans. And incidentally, this smells like a good sci-fi story in the making.
Anyway, to sum up, a business model that depends on controlling the distribution of the product will be no good in years to come.
In my prophetic opinion, a comparatively better business plan in years to come will be a release-focused profit model (similar to the ‘patronage model’ and more or less the same as the ‘ransom method’ except with a prettier name) In fact, you can mark this down as an Ultimate Solution™ to the digital piracy problem.
Announce your product, provide a demo/teaser for free, declare that the real thing won’t be released until you receive a certain amount of money, and when you do release it, go ahead and release it for free download, accepting the fact that people are going to propagate copies amongst each other anyway.
There is much to be appreciated from this. First, it focuses the money-making on something the developer is able to control–initial release. You do not even attempt to control distribution. Second, it favors continued productivity, rather than making one thing and expecting to milk it for the rest of your life.
It would be adapted easily to most enterprises that are affected by copyright infringement. Software of just about any kind– no problem. TV series… no problem.
Music will be a little different though. Teasers aren’t feasible for that, so musicians will have to release a greater proportion of their recorded work before they can expect to convince people that the rest of their stuff is worth holding for ransom, and they will have to make the majority of their money from live performances.
The movie business would be significantly altered by this model. Theaters would have to work a lot differently.
There are, of course, some details that would have to be worked out, like how people would get their money back from canceled projects and how much time people should expect to wait before the product is delivered, but these are relatively minor details.

