Embrace file-sharing, or die

Salon.com Technology | Embrace file-sharing, or die

A record executive and his son make a formal case for freely downloading music. The gist: 50 million Americans can’t be wrong.

Editor’s note: John Snyder is president of Artist House Records, a board member of the National Association of Recording Arts and Sciences (NARAS), and a 32-time Grammy nominee. On Thursday night, he submitted the [linked] paper to NARAS.

That’s not exactly what he claims, but we’ll let that go. What he gets right is far more important.

This is the same article Rebecca links to, and like her, I can’t find just one pull quote.

So here’s a few, in case you had any doubts this is a compelling read.


  • Intellectual property has not always been defined and protected as it is today. Thomas Jefferson wrote about the philosophical considerations:

    “If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.”

  • It could be argued that the record companies are responsible for their current predicament. Again, how did they turn themselves into one of the most hated corporate sectors, and what are they going to do about it? Five years ago nobody gave a second thought about record companies; now they are reviled. Record companies need to realize that music is now viewed as a commodity with a shelf-life of 90 days, and that they made it so.

  • Record companies are not logical, righteous entities. They are ramshackle, profit-driven enterprises. They act in their perceived best interests, and they act ruthlessly and, in many cases, irrationally. The people who run them still have their e-mail printed out by their secretaries. We have to wait for the next generation to take over, the “software” generation, the generation of people who don’t remember growing up without a computer around.

  • “Any time you skip a commercial … you’re actually stealing the programming.” Viewers might find that reasoning less than persuasive, but they’ll probably be very persuaded by the threatening, accusatory tone, and dismiss Mr. Kellner and his concerns. This is another example of an old media being unable to adjust to technology. Yes, Jamie, your business is threatened. You will have to change your way of thinking to save it. Abandon failing tactics.
  • [T]here is an industry that has found a solution to this problem, and the music industry should take notice. That industry is the bottled water industry. Bottled water is a growth market. But common sense would indicate that when water is virtually free (i.e., tap water) that people wouldn’t want to pay $1 for 16 oz. of water. Yet, most of us frequently do just that. Why? Because it is convenient and because we have been persuaded that it is safer, more pure, that it is “better” water. Convenience becomes necessity, belief becomes profit.

    The bottled water industry is built on customer service. If the music business were to take this approach and ally themselves with consumers rather than fight them, it’s quite possible that their profits would still be growing. But record companies distrust their customers even more than their customers distrust them. The circle is unlikely to be broken, which in turn creates wide open spaces for the entrepreneur, for a “new” way.

the attention economy

MTNI / Mass Transit Network International

The 6,390,376 patent relates to smart cards and presentation of information of interest to persons carrying smart cards. In transit, for instance, information of personal interest to a person in the transit station is displayed on a nearby MTNI public display device. The information to be displayed is based on pre-registered information about the person carrying the smart card.

This is interesting and ties into ubiquitous computing, and the idea that information displays can be aware of you and adjust their content to meet your needs, either by displaying information you need or even changing the language in which it’s displayed.

Of course, I can see some negatives: I don’t know that I would want a sign in the Metro to tell all other passers-by that French is not my first language. But it would be helpful to have the arrival time of the next train to your destination be added to the display as you approach.

Congrats to Frank on sticking with this.

keeping the aristocracy at bay

a parable:
“let’s suppose you and I have been summoned to God’s office, and while we wait for Her to admit us, we hear Her grousing about how the market has beaten up Her holdings pretty badly. She calls for one of her assistants to fetch Her the next two souls to be sent to earth. When they arrive, She poses them this test:

‘One of the two of you is going to be born in the United States, the other somewhere else. The one of you who will be born in the US will have a good chance to do some good and make a good living, the other not so good.

I’m going to give you a slip of paper and a moment to think about it, then I want you to write down what percentage of what you amass you’ll give away when the time comes to return.’

And with that She leaves them to it. And you and I look at each other, and wonder how they’re going to do it since both of them will write down 100%.

That’s what’s it’s worth to live in America.”

Wm. H. Gates Sr told this today as part of his talk on reforming the estate tax. A touch mawkish, perhaps, but his point was understood by most. Some of those present didn’t understand progressive taxation and some struggled a bit with the notion of being indebted to their predecessors instead of entitled by them. But that’s how this country got where it is: every generation until recently has invested in making things better, from railroads and water systems to highways and electricity.

The other interesting note was how few people will actually feel the estate tax, how few people actually build up fortunes in the millions, and yet the whole issues was supposed to be about small family farms and shops that would have to be sold to satisfy the grasping claws of the taxman. Turns out that was a straw man: no family farm has been sold to cover the burden of the estate tax, but pitching the message as “the death tax” and raising the specter of losing the family legacy was enough to convince our mindless congresspersons to revoke it.

According to what Chuck Collins and Bill Gates Sr told us, there are plenty of folks who will find their fortunes subject to the estate tax, yet they’re in favor of keeping it and/or reforming it, rather than dropping it.

relief from Windows frustration

Well, I took Holbrook’s advice and installed Cygwin. That makes a big difference. I never would have guessed I would be so inured to a commandline as to prefer it this much.

I have installed a few packages (vim, gcc [don’t know why, I just did it]). Nice to see there are lots of familiar packages ready to use. I also installed ActiveState perl. Try as I have to learn python, I have a little muscle memory a/k/a a few perl tricks and I have never worked out analogs to them.

I also found out there are some surplussed machines laying around so I may claim one and see if I can scare up a KVM switch. I may not need it if cygwin works as advertised.