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03.27.2007 (previous | next)
Re Viacom: Dear Editor

Don Boudreaux of Cafe Hayek (a member of our Academic Advisory Council) posts on his blog copies of his Letters to the Editor which failed to find favor.

A good custom; so here is my unappreciated missive to the WSJ taking issue with its column on the Viacom/YouTube suit:

To: 'wsj.ltrs@wsj.com'

From: Jim DeLong

Subject: Comment on Kedrosky on Viacom v. YouTube

Sent: Thursday, March 15, 2007 8:44 AM

In his column on Viacom v. YouTube, Paul Kedrosky notes that "YouTube doesn't matter" because even if it is busted consumers will still want "unbundled media, sold everywhere and in myriad assortments" and that Viacom and other media companies are dolts for not understanding this.

Well, Duh! The media companies understand these consumer desires perfectly well. They are working frantically to develop business models that will meet them.

The precise problem is that YouTube and its ilk, by appropriating other people's creations so as to attach their own advertising to them, pre-empt the development of more creative business models that are based on not just advertising but on purchase, pay-per-view, subscriptions, patronage, and combinations thereof, and that slice and dice long works into separate chunks. Look how rapidly the music industry responded to the demand for ringtones.

In the not-so-long run, the result of YouTube's hijacking would be a substantial curtailment of consumer choice. The only creations that would survive are those that garner millions of mass market eyeballs. One of the ironies of this whole debate is that, contrary to most press accounts, it is really Viacom, not YouTube, that is defending consumers' true interests.

Hopefully, the mass of consumers, as opposed to the noisy juveniles of academia, understand that the world runs on reciprocity -- artists create and consumers pay, in this case -- rather than on free-riding.

posted by James DeLong @ 4:34 PM | Media: Video, Music...

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Comments

Jim, I would point out that there isn't an appreciable difference in consumer desires today than there was 20 years ago. It's not like the consumer suddenly woke up and said they want to have home devices with their favorite television programs or motion pictures.

The difference is that the people flogging the technology to consumers are different than Sony.

Sony's Betamax recorder was an effort by a legitimate company to enter the market with a legitimate product that Sony stood behind. This is the primary difference between Sony and eMule, for example, or Kazaa.

Sony didn't reincorporate in Vanuatu, wasn't a shadowy presence in the market, and didn't buy keywords like "download pirate movie" on credit from Google.

If Sony had lost the Betamax case, they wouldn't have vanished into the ether as have most illegal download sites. Sony wasn't run like a ghost ship, and Sony wasn't trying to network their Betamax devices to make "sharing" with 60 million of your closest friends so much easier.

In the current environment, if a television or film company is going to legitimize illegal downloading, they would likely violate a series of agreements developed around the "windowing" concept, or at best have to clear thousands of tracks for which they have yet to exercise a home video option on music rights (which is about $5,000 per license for the master, and a comparable amount for the song, on average).

It is all too easy for the Lessigs of this world to jump on a consumer bandwagon without acknowleging the costs facing studios in order to give consumers the opportunity to have home video versions of television shows and movies.

Posted by: Chris Castle at April 1, 2007 11:04 PM








 
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