Murphy's Law: This Too Shall Not Pass
Open-source is not about the money.
The software world has gotten this point pretty well by now. Sure, you can wrap additional elements of a larger business plan around an open-source offering. But even at its core, the concept of open-source isn't really designed around capitalistic ideals. If anything, it's more communistic in its focus: everybody shares an equal stake in a project, and anybody is free to assert their individual ownership in a piece of work by advancing it toward a new direction as they see fit.
But these... these are just the tools of the revolution, as Marx might have said. When it comes to actual content itself--the very bits and bytes of progress that open-source tools help create--the current crop of major content creators and distributors are behaving like dictators in an open world. And it's costing both them and us rather greatly. Instead of reaping the success of a community-driven groundswell for their assets, these companies would rather lay down the hammer and stifle all innovation in an attempt to control their futures to a "T."
Two recent examples from Lawrence Lessig and the band OK Go really hit home the biggest elements that are wrong with our current system of open information distribution on the ‘net. If it's not the owner of the content acting like an idiot, it's the system we've allowed to propagate that virtually criminalizes content sharers without a second thought.
Fairly Using Lessig
Let's look at Lawrence first. In this case, Techdirt reports that Lessig, a Harvard professor, was recently giving a presentation to the OpenVideoAlliance. In said presentation, Lessig used some commercial clips to illustrate the points he was making about fair use--specifically, the rise of the "remix" culture of mash-up multimedia on today's video portals. Whether it was by deliberate act or it was a result of Youtube's anti-audio-infringement technology, Lessig's speech was flagged and taken offline because of, "an audio track that has not been authorized by WMG" (Warner Music Group)." Whoops.
We only have ourselves to blame for this, as we've allowed for the creation of a system that unjustly strips away a party's content without any establishment of a factual basis for doing so. Regardless of one's guilt or innocence in using copyright work for Internet-hosted projects, all it takes is a single offended stakeholder to file off DMCA notice to a host. The project goes away as a result of the host or ISP, and it's up to innocent parties to prove their lack of guilt to reverse the punishment--a completely backwards way of thinking that rewards cluster-bomb complaints at the expense of free speech.
Do Not Pass OK Go
I'm half-surprised that OK Go's record label, EMI, didn't initially send off its own DMCA notice when the band first posted its uber-famous "Here it Goes Again" video to Youtube. After all, the work was created without the express authorization of the record company. The video went on to unparalleled success across the Web, generating millions of eyeballs (and a sure-fire sales bump) for the band. And, yet, this still hasn't been enough to convince EMI of the power of a devoted community.
They might not be spinning code or forking projects, but I liken OK Go's fan base (or those who just like weird videos on the Internet) to the community one finds in the open-source software world. A single developer maintaining exclusive control over a product has a finite amount of resources to develop and grow, regardless of aspiration or intent. A community, however, can be more than willing to wave the flag and use the considerable brain trust to extend the life of an idea in all sorts of powerful ways. I highly doubt--and band frontman Damian Kulash Jr. agrees--that the initial video would have been nearly as popular without had it not been embedded in every possible location on the Internet. You can thank the community for its video transcodes, uploads, and marketing.
So what does EMI do with this information? The obvious--it blocks Youtube users' ability to embed OK Go's latest song on any other Web site, tying users to Youtube as the single and sole provider for the content. And what does this do to the video itself? Its popularity plummets by 90 percent.
Open source might not be about the money, but the financial interests (and stubbornness) of prevailing content providers have led to the creation of a draconian system for content distribution. This shouldn't be news to you. What is baffling, however, is that companies are simply unwilling to see the tangible benefits of community-driven development for their assets--a concept that has proven out time and time again in open systems of all kinds. And if they aren't busy sticking it to themselves, the system too greatly rewards their ill attempts at poisoning others' livelihoods with their copyright-preservation anxieties.
David Murphy (@ Acererak) is a technology journalist and former Maximum PC editor. He writes weekly columns about the wide world of open-source as well as weekly roundups of awesome, freebie software.