Libraries borked by ebook forks

Less than a week ago, Apple delivered a groundbreaking announcement with the release of iBooks Author. A drag-and-drop authoring environment, Author makes it easy to build media-rich, interactive books in a simple-to-use tool. Positioned by its i-name as a sibling to the iWork app family, versus separate high-end design products like GarageBand, Author democratizes the production of complex structured books, notably including textbooks.

But for libraries, at a time when they are increasingly struggling to provide access to ebooks as publishers pull back from lending support, Apple has provided a rib-crunching blow by delivering proprietary output tied to the iPad. And, in Apple???s license terms, any iBook created by Author can be distributed freely, but commercial sales must run through the iBookstore. This has generated a great deal of disappointment from those who wished to see Apple release a general purpose ebook creation tool.

All commercial sales of the output must pay tithe to the Apple channel.

Two lessons from the Megaupload seizure

But just as the celebrations began over the saving of Internet Freedom, something else happened: the U.S. Justice Department not only indicted the owners of one of the world???s largest websites, the file-sharing site Megaupload, but also seized and shut down that site, and also seized or froze millions of dollars of its assets ??? all based on the unproved accusations, set forth in an indictment, that the site deliberately aided copyright infringement.

In other words, many SOPA opponents were confused and even shocked when they learned that the very power they feared the most in that bill ??? the power of the U.S. Government to seize and shut down websites based solely on accusations, with no trial ??? is a power the U.S. Government already possesses and, obviously, is willing and able to exercise even against the world???s largest sites (they have this power thanks to the the 2008  PRO-IP Act pushed by the same industry servants in Congress behind SOPA as well as by forfeiture laws used to seize the property of accused-but-not-convicted drug dealers).

"Chris Dodd is a lying weasel."

We???re not going to mince words. Chris Dodd is a lying weasel. It is hard enough to swallow that the senator had no idea that he got preferential treatment on his home mortgages that saved him thousands of dollars. Or that, simply out of friendship, a wealthy New York man, who was later convicted in a huge stock swindle, picked up much of the cost of a condo Dodd bought in Washington; or that the stock swindler???s business partner out of a love of Ireland did the same for Dodd when the senator bought a waterfront house in Ireland.

Now, Dodd flat-out has lied about his role in legislation that is allowing employees of American International Group to receive $400 million in bonuses despite receiving $173 billion in taxpayer money to keep the failed financial giant alive.

Perhaps Chris Dodd’s outrage is that of one who has served his paymasters well, finding that when he becomes a paymaster, the game is over.

Those who count on quote ???Hollywood??? for support…

???Those who count on quote ???Hollywood??? for support need to understand that this industry is watching very carefully who???s going to stand up for them when their job is at stake. Don???t ask me to write a check for you when you think your job is at risk and then don???t pay any attention to me when my job is at stake.???

Protect IP (PIPA) and the Stop Online Piracy Act (SOPA) are a step towards a different kind of Internet.  They are a step towards an Internet in which those with money and lawyers and access to power have a greater voice than those who don???t. 

It is clear that the step toward a democracy “in which those with money and lawyers and access to power have a greater voice than those who don???t” has long since been taken in American politics.

No wonder ex-Senator Dodd is so distressed that he would reveal these disappointed expectations with menace.

MEGAUPLOAD IS BACK, NEW MEGAUPLOAD SITE – The leading online storage and file delivery service –

WE DON’T HAVE ANY DOMAIN NAME FOR NOW
ONLY THIS IP ADDRESS (http://109.236.83.66) BEWARE TO THE PISHING SITES!
This is the NEW MEGAUPLOAD SITE! we are working to be back full again
Bookmark the site and share the new address in facebook and twitter!

Yeah, right.

But it does illustrate the vulnerabilities that can be introduced. After all, innocent until proven guilty, but not in these prior restraint cases of course, one must stop that US$500,000,000 pain to the Cartel.

SOPA, Internet regulation, and the economics of piracy

As a rough analogy, since antipiracy crusaders are fond of equating filesharing with shoplifting: suppose the CEO of Wal-Mart came to Congress demanding a $50 million program to deploy FBI agents to frisk suspicious-looking teens in towns near Wal-Marts. A lawmaker might, without for one instant doubting that shoplifting is a bad thing, question whether this is really the optimal use of federal law enforcement resources. The CEO indignantly points out that shoplifting kills one million adorable towheaded orphans each year. The proof is right here in this study by the Wal-Mart Institute for Anti-Shoplifting Studies. The study sources this dramatic claim to a newspaper article, which quotes the CEO of Wal-Mart asserting (on the basis of private data you can’t see) that shoplifting kills hundreds of orphans annually. And as a footnote explains, it seemed prudent to round up to a million. I wish this were just a joke, but as readers of my previous post will recognize, that’s literally about the level of evidence we’re dealing with here.

Oh! “adorable towheaded orphans!” Had the xxAA half the brains of Julian Sanchez SOPA would be a done deal.

How Copyright Industries Con Congress

[T]he harm is a dynamic loss in allocative efficiency, which is much harder to quantify. That is, in the cases where a consumer would have been willing to buy an illicitly downloaded movie, album, or software program, we want the market to be accurately signalling demand for the products people value, rather than whatever less-valued use that money gets spent on instead. This is, in fact, very important! It’s a good reason to look for appropriately tailored ways to reduce piracy, so that the market devotes resources to production of new creativity and innovation valued by consumers, rather than to other, less efficient purposes. Indeed, it’s a good reason to look for ways of doing this that, unlike SOPA, might actually work.

It is not, however, a good reason to spend $47 million in taxpayer dollars—plus untold millions more in ISP compliance costs—turning the Justice Department into a pro bono litigation service for Hollywood in hopes of generating a jobs and a revenue bonanza for the U.S. economy. Any “research” suggesting we can expect that kind of result from Internet censorship is a fiction more fanciful than singing chipmunks.

While the second paragraph is correct, I would suggest, despite my lack of economic training, that “allocative efficiency” isn’t affected by copyright infringement. If the recording and distribution industry made their products cost-effective and convenient (like dropping all those mandatory trailers on DVDs) we’d allocate our expenditure efficiently to them.

Presently they don’t do that, and we allocate efficiently using time and other expenditure to avoid their troll-gate.

My Letter to the Internet – Senator Ron Wyden

The Internet has become an integral part of everyday life precisely because it has been an open-to-all land of opportunity where entrepreneurs, thinkers and innovators are free to try, fail and then try again.  The Internet has changed the way we communicate with each other, the way we learn about the world and the way we conduct business.  It has done this by eliminating the tollgates, middle men, and other barriers to entry that have so often predetermined winners and losers in the marketplace.  It has created a world where ideas, products and creative expression have an opportunity regardless of who offers them or where they originate.

Protect IP (PIPA) and the Stop Online Piracy Act (SOPA) are a step towards a different kind of Internet.  They are a step towards an Internet in which those with money and lawyers and access to power have a greater voice than those who don???t.  They are a step towards an Internet in which online innovators need lawyers as much or more than they need good ideas.  And they are a step towards a world in which Americans have less of a voice to argue for a free and open Internet around the world.

Not all bad.

Numbers of Mass Distraction: Part 2

It is clear that recent events surrounding SOPA do not represent the end of the war waged by the copyright industries; at most it’s a skirmish they will concede, albeit very grudgingly, as lost. Judging from the experiences we faced in the UK with The Digital Economy Bill (I covered some of those shenanigans here in Musing About Downloads In The UK) dealing with SOPA (and PIPA) is going to be a long hard war of attrition. A war where every one of us needs to understand the weapons being used against us, as well as the absolute flimsiness of the ammunition.

I intended to write another long post on this flimsiness, then found that someone else had done a far better job than I could’ve. So what I shall do instead is to link to the wonderful post on the subject by research fellow Julian Sanchez at the Cato Institute. Headlined How Copyright Industries Con Congress, it’s a must-read. While you’re at it, it’s also worth reading Julian’s earlier piece on the subject in Ars Technica. The elevator version is as follows: numbers related to the value of illegal downloads as well as numbers related to the number of jobs affected are at best wild unsubstantiated estimates, and at worst devious attempts to flim-flam a legislature crying out to be flim-flammed. The $200-$250 billion number, while it came from a sidebar in a reputable magazine, was actually an unsourced estimate of the value of all counterfeit and pirated goods worldwide, and was clearly stated in the magazine as such. And the 750,000 jobs lost number was taken from a 1986 speech by the then Secretary of Commerce, a number that has never been endorsed by the Department of Commerce.