UlasanAnime.com – Yochai Benkler’s book, The Wealth of Networks, delves into the internet’s transformative potential for human society. Benkler contrasts the industrial mode of information production with the network mode, exploring how individuals in advanced economies engage with these different systems.
While this can be seen as a restatement of the common copyleftist argument for freedom—”free as in free speech, not free beer”—Benkler presents a compelling case. He contends that a networked, non-proprietary approach to creating valuable, marketable information can rival, or even surpass, the classical industrial model of information production. This argument is supported through economic, social, and political lenses.
The open-source movement in software is a frequently cited example by copyleftists. However, Benkler’s generalized approach offers a framework applicable to a vast array of information produced today under the industrial model.
From a pragmatic, even cynical, business perspective, a critical question arises: Is Google’s long-term strategy as a business entity to carve out a sustainable niche within the market and copyright law landscape? While the public cannot access Google’s internal discussions, their recent actions, marketing strategies, and overall philosophy offer strong indications.
Firstly, assuming Google is populated by intelligent and capable managers, lawyers, and business professionals, their continued success suggests a strategic shift towards long-term commitment. Despite being less than a decade old in public perception and for investors, Google’s leadership position in internet-related industries grants them the capacity to undertake new risks and pioneer future developments in this largely uncharted business and legal territory.
Secondly, Jessica Litman’s book, Digital Copyright, provides a robust and rather critical examination of US copyright law. Litman argues that the current legal framework is largely a product of complex negotiations between established players in the copyright industry. While Litman, Benkler, and others highlight the illogical and unfair application of laws designed for business competition to ordinary individuals, the fact remains that Google and other emerging internet players had no significant input during the late 1990s legislative negotiations. This leaves new entrants in the digital media landscape with limited options when dealing with laws designed to protect incumbent interests.
This school of thought only began to mature years after the passage of the DMCA. (Perhaps Yahoo could be discussed here as a comparison?) The question then becomes, are Google’s lawsuits a form of impact litigation?
Undoubtedly, by bringing novel issues before the courts, Google aims to shape laws in its favor. If Litman’s assessment is accurate, the court system may be Google’s only viable avenue for legal recourse, especially given the perceived slowness of legislative processes in US copyright law history. However, beyond the courtroom, lawsuits carry significant implications for businesses, particularly in the battle for mindshare.
Bruce Keller’s presentation on Google’s ad-based model, drawing parallels to television and radio, evokes a sense of irony when considering the larger picture. Google’s public image directly impacts its earnings, unlike traditional entities such as book publishers or the Authors’ Guild, which are often positioned as Google’s opponents.
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Consequently, Google has a vested interest in advocating for laws that embrace broader fair use principles, aligning with public interest. They can effectively portray their opponents as established players, resistant to technological innovation and relying on their existing business models, while Google champions a more open and accessible informational future.
This strategy aligns with a Lessig-inspired argument for fair use. It is widely acknowledged that a business model predicated on a legal interpretation of fair use is inherently risky. While this did not deter manufacturers of VHS and Betamax, the core of the copyleftist argument is that many new functionalities enabled by new media, which might technically infringe upon existing rights, should not be subject to such restrictions. These uses should be considered free, un-infringing uses, rather than merely “fair use.”
In the absence of legislative changes, Google’s primary recourse is to seek judicial declarations of “fair use.” Recognizing that such reforms would benefit the public and challenge entrenched corporate interests in traditional media, the public is likely to support Google and its vision of a more open informational future.
The fundamental nature of an internet search engine cannot be reduced to a simple analogy like a yellow pages directory, as a biased counsel might argue in court. The internet itself has been profoundly reshaped by search engines; Google’s success alone attests to its immense significance.
It can be argued that Google functions as an intermediary, balancing the interests of consumers, creators, and other intermediaries. However, how will the courts accurately assess the value Google contributes to our economy today? How will they value platforms like YouTube or MySpace? Will these platforms face a fate similar to Grokster, or will they follow the path of VHS?
Conclusion: What does Google stand to lose by not pursuing its current course of action? This is the million-dollar question, but does sound business sense hold sway in a rapidly evolving and dynamic industry? High risk often leads to high rewards. Given that Google poses a significant threat to traditional players in consumer media, and an ever-expanding list of other established industries, there are strong reasons to believe that Google’s continued success hinges on its ability to overcome legislative hurdles that impede its growth as a competitor in the digital marketplace.
Why agree to licensing fees when the option to license can always be pursued later? The costs associated with litigation, even a less-than-favorable settlement, appear minimal when the future of the global information industry is at stake. To label Google’s legal team as “believers” rather than mere strategists seems more fitting, as their actions have profound implications for the future.
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Yeah.
The preceding text outlines a draft for a short paper to be completed within a week. (Please excuse any seemingly random references; they are noted for personal organizational purposes.) While its direct relevance to anime may be limited, it addresses a fundamental question facing the content industry: how to monetize in the age of the internet.
The internet has long been recognized as a significant avenue for wealth creation in the information revolution. The question remains: how does one profit? And how can practices like fansubbing be integrated into a profitable model?
Indeed, if the primary barrier to taking action against fansubbing groups stems from the financial and logistical challenges of pursuing legal action against individuals globally, potential customers of major anime distributors like Kadokawa Shoten, Bandai, MediaFactory, and King Records, then several questions arise.
1. Why hasn’t there been a more coordinated effort to dismantle “fansub groups”?
2. Fansubbing has evolved considerably. Where will this trend lead next? In the past, text was transmitted via genlock to mailed SVHS tapes. Today, we can produce MTV-style parodies using Aegisub and upload them to YouTube. The legal liability, economic incentives, usage, and user base have all changed, and this evolution will continue. It is concerning that a distinction must be made between fansubbing in various contexts.
3. What other pertinent questions can be posed? What are all the stakes involved? Whose interests are paramount, and to whom?
I would greatly appreciate any references or critiques you might offer. As I am still in the midst of my research, such input would be invaluable. Please share your thoughts!
