my problem isn’t piracy, it’s obscurity

I think we should permanently cut off the internet access of any company that sends out three erroneous copyright notices. Three strikes and you’re out, mate.

There is a Pirate in every one of us

The US traded its manufacturing sector’s health for its entertainment industry, hoping that Police Academy sequels could take the place of the rustbelt. The US bet wrong.

But like a losing gambler who keeps on doubling down, the US doesn’t know when to quit. It keeps meeting with its entertainment giants, asking how US foreign and domestic policy can preserve its business-model. Criminalize 70 million American file-sharers? Check. Turn the world’s copyright laws upside down? Check. Cream the IT industry by criminalizing attempted infringement? Check. It’ll never work. It can never work. There will always be an entertainment industry, but not one based on excluding access to published digital works. Once it’s in the world, it’ll be copied. This is why I give away digital copies of my books and make money on the printed editions: I’m not going to stop people from copying the electronic editions, so I might as well treat them as an enticement to buy the printed objects.

But there is an information economy. You don’t even need a computer to participate. My barber, an avowed technophobe who rebuilds antique motorcycles and doesn’t own a PC, benefited from the information economy when I found him by googling for barbershops in my neighborhood.

Teachers benefit from the information economy when they share lesson plans with their colleagues around the world by email. Doctors benefit from the information economy when they move their patient files to efficient digital formats. Insurance companies benefit from the information economy through better access to fresh data used in the preparation of actuarial tables. Marinas benefit from the information economy when office-slaves look up the weekend’s weather online and decide to skip out on Friday for a weekend’s sailing. Families of migrant workers benefit from the information economy when their sons and daughters wire cash home from a convenience store Western Union terminal.

This stuff generates wealth for those who practice it. It enriches the country and improves our lives.

And it can peacefully co-exist with movies, music and microcode, but not if Hollywood gets to call the shots. Where IT managers are expected to police their networks and systems for unauthorized copying – no matter what that does to productivity – they cannot co-exist. Where our operating systems are rendered inoperable by “copy protection,” they cannot co-exist. Where our educational institutions are turned into conscript enforcers for the record industry, they cannot co-exist.

The information economy is all around us. The countries that embrace it will emerge as global economic superpowers. The countries that stubbornly hold to the simplistic idea that the information economy is about selling information will end up at the bottom of the pile.

What country do you want to live in?

If “piracy” means using value from someone else’s creative property without permission from that creator–as it is increasingly described today – then every industry affected by copyright today is the product and beneficiary of a certain kind of piracy. Film, records, radio, cable TV… Extremists in this debate love to say “You wouldn’t go into Barnes & Noble and take a book off of the shelf without paying; why should it be any different with online music?” The difference is, of course, that when you take a book from Barnes & Noble, it has one less book to sell. By contrast, when you take an MP3 from a computer network, there is not one less CD that can be sold. The physics of piracy of the intangible are different from the physics of piracy of the tangible.

When the web started, I used to get really grumpy with people because they put my poems up. They put my stories up. They put my stuff up on the web. I had this belief, which was completely erroneous, that if people put your stuff up on the web and you didn’t tell them to take it down, you would lose your copyright, which actually, is simply not true.

And I also got very grumpy because I felt like they were pirating my stuff, that it was bad. And then I started to notice that two things seemed much more significant. One of which was… places where I was being pirated, particularly Russia where people were translating my stuff into Russian and spreading around into the world, I was selling more and more books. People were discovering me through being pirated. Then they were going out and buying the real books, and when a new book would come out in Russia, it would sell more and more copies. I thought this was fascinating, and I tried a few experiments. Some of them are quite hard, you know, persuading my publisher for example to take one of my books and put it out for free. We took “American Gods,” a book that was still selling and selling very well, and for a month they put it up completely free on their website. You could read it and you could download it. What happened was sales of my books, through independent bookstores, because that’s all we were measuring it through, went up the following month three hundred percent.

I started to realize that actually, you’re not losing books. You’re not losing sales by having stuff out there. When I give a big talk now on these kinds of subjects and people say, “Well, what about the sales that I’m losing through having stuff copied, through having stuff floating out there?” I started asking audiences to just raise their hands for one question. Which is, I’d say, “Okay, do you have a favorite author?” They’d say, “Yes.” and I’d say, “Good. What I want is for everybody who discovered their favorite author by being lent a book, put up your hands.” And then, “Anybody who discovered your favorite author by walking into a bookstore and buying a book raise your hands.” And it’s probably about five, ten percent of the people who actually discovered an author who’s their favorite author, who is the person who they buy everything of. They buy the hardbacks and they treasure the fact that they got this author. Very few of them bought the book. They were lent it. They were given it. They did not pay for it, and that’s how they found their favorite author. And I thought, “You know, that’s really all this is. It’s people lending books. And you can’t look on that as a loss of sale. It’s not a lost sale, nobody who would have bought your book is not buying it because they can find it for free.”

What you’re actually doing is advertising. You’re reaching more people, you’re raising awareness. Understanding that gave me a whole new idea of the shape of copyright and of what the web was doing. Because the biggest thing the web is doing is allowing people to hear things. Allowing people to read things. Allowing people to see things that they would never have otherwise seen. And I think, basically, that’s an incredibly good thing.