12.23.2008

object vs content: direct conflict.

Intellectual Property companies (Recording Industry, Film Industry, etc) want to have their cake and eat it too.  At the core, they only really have two options: they can argue that the content they sell is worth money (digital information), or they can argue the format they sell is the element with value (CDs, DVDs, Theatre tickets. etc).  


They have been, unilaterally, claiming both.

If the value comes from the intellectual property, there is almost an argument for the criminalization of filesharing.  Said criminalization would still be horribly detrimental to both culture and business, but at least an argument could be made.  Frankly, I could almost live with this: if purchasing a CD meant I was allowed to play with the content in any way, in any format I wanted, as long as I did not create a rival (key word) commercial offering that hurt sales of the original intellectual property, I would buy a lot more music and movies.

If the value comes from the format the information is presented in, then any claim on infinitely copyable digital information is ludicrous - a downloaded mp3 isn't in competition with a CD, which will always be infinitely more 'real' and 'complete', incorporating the form, packaging and information that the creator intended.  Similarly, no one who argues that the object / experience is the value should care about bootlegged theatrical releases - the product is the theatre experience, not a poorly shot digital capture of the film.

You can believe one of these things, but not both.  Someone who argues that intellectual property is a protected right, and the source of all value can't justify trying to charge you 5 times for the same song, in CD, mp3, ringtone, FLAC, and Pro Tools formats.  Someone who argues that the packaging, the formatting is the key element of value shouldn't care if you interact with the content independent of it's format.

The fact that the IP obsessed industries have been doing both is a clear indicator that they either haven't thought this through in the least, or, as I assume, that they are grasping as straws to keep the stock value up until the current crop of executives can retire.

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