Posts Tagged ‘piracy’

Revisiting IT Policy #2: Campus DMCA Notices

Under certain provisions from the Digital Millennium Copyright Act, copyright holders send a “notification of claimed infringement” (sometimes called a “DMCA” or “takedown” notice) to Internet service providers, such as college or university networks, when they find infringing material available from the provider’s network. I analyzed counts of infringement notices from the four principal senders to colleges and universities over three time periods (Nov 2011-Oct 2012, Feb/Mar 2013, and Feb/Mar 2014).

In all three periods, most campuses received no notices, even campuses with dormitories. Among campuses receiving notices, the distribution is highly skewed: a few campuses account for a disproportionately large fraction of the notices. Five campuses consistently top the distribution in each year, but beyond these there is substantial fluctuation from year to year.

The volume of notices sent to campuses varies somewhat positively with their size, although some important and interesting exceptions keep the correlation small. The incidence of detected infringement varies strongly with how residential campuses are. It varies less predictably with proxy measures of student-body affluence.

I elaborate on these points below.


The estimated total number of notices for the twelve months ending October 2012 was 243,436. The actual number of notices in February/March 2013 was 39,753, and the corresponding number a year later was 20,278.

The general pattern was the same in each time period.

  • According to the federal Integrated Postsecondary Education Data Service (IPEDS), from which I obtained campus attributes, there are 4,904 degree-granting campuses in the United States. Of these, over 80% received no infringement notices in any of the three time periods.
  • 90% of infringement notices went to campuses with dormitories.
  • Of the 801 institutions that received at least one notice in one period, 607 received at least one notice in two periods, and 437 did so in all three. The distribution was highly skewed among the campuses that received at least one infringement notice. The top two recipients in each period were the same: they alone accounted for 12% of all notices in 2012, and 10% in 2013 and 2014.
  • In 2012, 10 institutions accounted for a third of all notices, and 41 accounted for two thirds. In 2013, the distribution was only a little less skewed: 22 institutions accounted for a third of all notices, and 94 accounted for two thirds. In 2014, 22 institutions also accounted for a third of all notices, and 99 accounted for two thirds.

Campus Type

In 2014, just 590 of the 4,904 campuses received infringement notices in 2014. Here is a breakdown by institutional control and type:


Here are the same data, this time broken down by campus size and residential character (using dormitory beds per enrolled student to measure the latter; the categories are quintiles):


About a third of all notices went to very large campuses in the middle residential quintile. In keeping with the classic Pareto ratio, the largest 20% of campuses account for 80% of all notices (and enroll ¾ of all students). Although about half of the largest group is nonresidential (mostly community colleges, plus some state colleges), only a few of them received notices.

Campus Distributions

The top two among the 100 campuses that received the most notices in Feb/Mar 2014 received over 1,000 notices each in the two months. The next highest campus received 615. As the graph below shows, the top 100 campuses accounted for two thirds of the notices; the next 600 campuses accounted for the remaining third (click on this graph, or the others below, to see it full size):


Below is a more detailed distribution for the top 30 recipient campuses, with comparisons to 2012 and 2013 data. To enable valid comparison, this chart shows the fraction of notices received by each campus in each year, rather than the total. The solid red bars are the campus’s 2014 share, and the lighter blue and green bars are the 2012 and 2013 shares. The hollow bar for each campus is the incidence of detected infringement, defined as the number of 2014 notices per thousand headcount students.


As in earlier analyses, there is an important distinction between campuses whose high volume of notices stems largely from their size, and those where it stems from a combination of size and incidence—that is, the ratio of notices received to enrollment.

In the graph, Carbon and Nitrogen are examples of the former: they are both very large public urban universities enrolling over 50,000 students, but with relatively low incidence of around 7 notices per thousand students. They stand in marked contrast to incidences of 20-60 notices per thousand students at Lithium, Boron, Neon, Magnesium, Aluminum, and Silicon, each of which enrolls 10-25,000 students—all private except Aluminum.

Changes over Time

The overall volume of infringement notices varies from time to time depending on how much effort copyright holders devote to searching for infringement (effort costs money), and to a lesser extent based on which titles they use to seed searches. The volume of notices sent to campuses varies accordingly. However, the distribution of notices across campuses should not be affected by the total volume. To analyze trends, therefore, it is important to use a metric independent of total volume.

As in the preceding section, I used the fraction of all campus notices each campus received for each period. The top two campuses were the same in all three years: Hydrogen was highest in 2012 and 2014, and Helium was highest in 2013.

Only five campuses received at least 1.5% of all notices in more than one year:


These campuses consistently stand at the top of the list, account for a substantial fraction of all infringement notices, and except for Beryllium have incidence over 20. As I argue below, it makes sense for copyright holders to engage them directly, to help them understand how different they are from their peers, and perhaps to persuade them to better “effectively combat” infringement from their networks by adopting policies and practices from their low-incidence peers.

Aside from these five campuses, there is great year-to-year variation in how many notices campuses receive. Below, for example, is a similar graph for the approximately 50 campuses receiving 0.5%-1.5% of all notices in at least one of the three years. Such year-to-year variation makes engagement much more difficult to target efficiently and much less likely to have discernible effects.




All else equal, if infringement is the same across campuses and campuses take equally effective measures to prevent it from reaching the Internet, then the volume of detected infringement should generally vary with campus size. That this is only moderately the case implies that student behavior varies from campus to campus and/or that campuses’ “effectively combat” measures are different and have different effects.

Here are data for the 100 campuses receiving the most infringement notices in 2014:


It appears visually that the overall correlation between campus size and notice volume is modest (and indeed r=0.29) because such a large volume of notices went to Hydrogen and Helium, which are not the largest campuses.

However, the correlation is slightly lower if those two campuses are omitted. This is because Lithium has the next highest volume, yet is of average size, and Manganese, the largest campus in the group, with over 70,000 students, had very low incidence of 2 notices per thousand students. (I’ve spoken at length with the CIO and network-security head at Manganese, and learned that its anti-infringement measures comprise a full array of policies and practices: blocking of peer-to-peer protocols at the campus border, with well-established exception procedures; active followthrough on infringement notices received; and direct outreach to students on the issue.)


If students live on campus, then typically their network connection is through the campus network, their detectable infringement is attributed to the campus, and that’s where the infringement notice goes. If students live off campus, then they do not use the campus network, and infringement notices go to their ISP. This is why most infringement notices go to campuses with dorms, even though the behavior of their students probably resembles that of their nonresidential peers.

For the same reason, we might expect that residentially intensive campuses (measured by the ratio of dormitory beds to total enrollment) would have a higher incidence of detectable infringement, all else equal, than less residential campuses. Here are data for the 100 campuses receiving the most infringement notices:


The relationship is positive, as expected, and relatively strong (r=.58). It’s important, though, to remember that this relationship between campus attributes (residential intensity and the incidence of detected infringement) does not necessarily imply a relationship between student attributes such as living in dorms and distributing infringing material. Drawing inferences about individuals from data about groups is the “ecological fallacy.”


One hears arguments that infringement varies with affluence, that is, that students with less money are more likely to infringe. There’s no way to assess that directly with these data, since they do not identify individuals. However, IPEDS campus data include the fraction of students receiving Federal grant aid, which varies inversely with income. The higher this fraction, the less affluent, on average, the student body should be. So it’s interesting to see how infringement (measured by incidence rather than volume) varies with this metric:


The relationship is slightly negative (r=-.12), in large part because of Polonium, a small private college with few financial-aid recipients that received 83 notices per 1000 students in 2014. (Its incidence was similar in 2012, but much lower in 2013.) Even without Polonium, however, the relationship is small.

For the same reason, we might expect a greater incidence of detected infringement on less expensive campuses. The data:


Once again the relationship is the opposite (r=.54), largely because most campuses have both low tuition and low incidence.

Campus Interactions

Following the 2012 and 2013 studies, I communicated directly with IT leaders at several campuses with especially high volumes of infringement notices. All save one (Hydrogen) of these interactions were informative, and several appear to have influenced campus policies and practices for the better.

  • Helium. Almost all of Helium’s notices are associated with a small, consecutive group of IP addresses, presumably the external addresses for a NAT-mediated campus wireless network. I learned from discussions with Helium’s CIO that the university does not retain NAT logs long enough to identify wireless users when infringement notices are received; as a result, few infringement notices reach offenders, and so they have little impact directly or indirectly. Helium apparently understands and recognizes the problem, but replacing its wireless logging systems is not a high priority project.
  • Hydrogen. Despite diverse direct, indirect, and political efforts to engage IT leaders at Hydrogen, I was never able to open discussions with them. I do not understand why the university receives so many notices (unlike Helium’s, they are not concentrated), and was therefore unable to provide advice to the campus. It is also unclear whether the notices sent to Hydrogen are associated with its small-city main campus or with its more urban branch campus.
  • Krypton. Krypton used to provide guests up to 14 days of totally unrestricted and anonymous use of its wired and wireless networks. I believe that this led to its high rate of detected infringement. More recently, Krypton implemented a separate guest wireless network, which is still anonymous but apparently is either more restricted or is routed to an external ISP. I believe that this change is why Krypton is no longer in the top 20 group in 2014. (Krypton still offers unrestricted 14-day access to its wired network.)
  • Lithium. The network-security staff at Lithium told me that there are plans to implement better filtering and blocking on their network, but that implementation has been delayed.
  • Nitrogen. Nitrogen enrolls over 50,000 students, more than almost any other campus. As I pointed out above, although Nitrogen’s infringement notice counts are substantial, they are actually relatively low when adjusted for enrollment.
  • Gallium. I discussed Gallium’s high infringement volume with its CIO in early 2013. She appeared to be surprised that the counts were so high, and that they were not all associated with Gallium affiliate campuses, as the university had previously believed. Although the CIO was noncommittal about next steps, it appears that something changed for the better.
  • Palladium. The Palladium CIO attended a Symposium I hosted in March 2013, and while there he committed to implementing better controls at the University. The CIO appears to have followed through on this commitment.
  • No Alias. Although it doesn’t appear in the graph, No Alias is an interesting story. It ranked very high in the 2012 study. NA, it turns out, provides exit connections for the Tor network, which means that some traffic that appears to originate at NA in fact originates from anonymous users elsewhere. Most of NA’s 2012 notices were associated with the Tor connections, and I suggested to NA’s security officer that perhaps No Alias might impose some modest filters on those. It appears that this may have happened, and may be why NA dropped out of the top group.

I also interacted with several other campuses that ranked high in 2013. In many of these conversations I was able to point IT staff to specific problems or opportunities, such as better configuring firewalls. Most of these campuses moved out of the top group.

And So…

The 2014 DMCA notice data reinforce earlier implications (from both data and direct interactions) for campus/industry interactions. Copyright holders should interact directly with the few institutions that rank consistently high, and with large residential institutions that rank consistently low. In addition, copyright holders should seek opportunities to better understand how best to influence student behavior, both during and after college.

Conversely, campuses that receive disproportionately many notices, and so give higher education a bad reputation with regard to copyright infringement, should consult peers at the other end of the distribution, and identify reasonable ways to improve their policies and practices.

9|4|14 gj-c


Notes From (or is it To?) the Dark Side

“Why are you at NBC?,” people ask. “What are you doing over there?,” too, and “Is it different on the dark side?” A year into the gig seems a good time to think about those. Especially that “dark side” metaphor.  For example, which side is “dark”?

This is a longer-than-usual post. I’ll take up the questions in order: first Why, then What, then Different; use the links to skip ahead if you prefer.

Why are you at NBC?

5675955This is the first time I’ve worked at a for-profit company since, let’s see, the summer of 1967: an MIT alumnus arranged an undergraduate summer job at Honeywell‘s Mexico City facility. Part of that summer I learned a great deal about the configuration and construction of custom control panels, especially for big production lines. I think of this every time I see photos of big control panels, such as those at older nuclear plants—I recognize the switch types, those square toggle buttons that light up. (Another part of the summer, after the guy who hired me left and no one could figure out what I should do, I made a 43½-foot paper-clip chain.)

One nice Honeywell perk was an employee discount on a Pentax 35mm SLR with a 40mm and 135mm lenses, which I still have in a box somewhere, and which still works when I replace the camera’s light-meter battery. (The Pentax brand belonged to Honeywell back then, not Ricoh.) Excellent camera, served me well for years, through two darkrooms and a lot of Tri-X film. I haven’t used it since I began taking digital photos, though.

5499942818_d3d9e9929b_nI digress. Except, it strikes me, not really. One interesting thing about digital photos, especially if you store them online and make most of them publicly visible (like this one, taken on the rim of spectacular Bryce Canyon, from my Backdrops collection), is that sometimes the people who find your pictures download them and use them for their own purposes. My photos carry a Creative Commons license specifying that although they are my intellectual property, they can be used for nonprofit purposes so long as they are attributed to me (an option not available, apparently, if I post them on Facebook instead).

So long as those who use my photos comply with the CC license requirement, I don’t require that they tell me, although now and then they do. But if people want to use one of my photos commercially, they’re supposed to ask my permission, and I can ask for a use fee. No one has done that for me—I’m keeping the day job—but it’s happened for our son.

dmcaI hadn’t thought much about copyright, permissions, and licensing for personal photos (as opposed to archival, commercial, or institutional ones) back when I first began dealing with “takedown notices” sent to the University of Chicago under the Digital Millennium Copyright Act (DMCA). There didn’t seem to be much of a parallel between commercialized intellectual property, like the music tracks that accounted for most early DMCA notices, and my photos, which I was putting online mostly because it was fun to share them.

Neither did I think about either photos or music while serving on a faculty committee rewriting the University’s Statute 18, the provision governing patents in the University’s founding documents.

sealThe issues for the committee were fundamentally two, both driven somewhat by the evolution of “textbooks”.

First, where is the line between faculty inventions, which belong to the University (or did at the time), and creations, which belong to creators—between patentable inventions and copyrightable creations, in other words? This was an issue because textbooks had always been treated as creations, but many textbooks had come to include software (back then, CDs tucked into the back cover), and software had always been treated as an invention.

Second, who owns intellectual property that grows out of the instructional process? Traditionally, the rights and revenues associated with textbooks, even textbooks based on University classes, belonged entirely to faculty members. But some faculty members were extrapolating this tradition to cover other class-based material, such as videos of lectures. They were personally selling those materials and the associated rights to outside entities, some of which were in effect competitors (in some cases, they were other universities!).

fathomAs you can see by reading the current Statute 18, the faculty committee really didn’t resolve any of this. Gradually, though, it came to be understood  that textbooks, even textbooks including software, were still faculty intellectual property, whereas instructional material other than that explicitly included in traditional textbooks was the University’s to exploit, sell, or license.

With the latter well established, the University joined Fathom, one of the early efforts to commercialize online instructional material, and put together some excellent online materials. Unfortunately, Fathom, like its first-generation peers, failed to generate revenues exceeding its costs. Once it blew through its venture capital, which had mostly come from Columbia University, Fathom folded. (Poetic justice: so did one of the profit-making institutions whose use of University teaching materials prompted the Statute 18 review.)

Gradually this all got me interested in the thicket of issues surrounding campus online distribution and use of copyrighted materials and other intellectual property, and especially the messy question how campuses should think about copyright infringement occurring within and distributed from their networks. The DMCA had established the dual principles that (a) network operators, including campuses, could be held liable for infringement by their network users, but (b) they could escape this liability (find “safe harbor”) by responding appropriately to complaints from copyright holders. Several of us research-university CIOs worked together to develop efficient mechanisms for handling and responding to DMCA notices, and to help the industry understand those and the limits on what they might expect campuses to do.

heoaAs one byproduct of that, I found myself testifying before a Congressional committee. As another, I found myself negotiating with the entertainment industry, under US Education Department auspices, to develop regulations implementing the so-called “peer to peer” provisions of the Higher Education Opportunity Act of 2008.

That was one of several threads that led to my joining EDUCAUSE in 2009. One of several initiatives in the Policy group was to build better, more open communications between higher education and the entertainment industry with regard to copyright infringement, DMCA, and the HEOA requirements.

hero-logo-edxI didn’t think at the time about how this might interact with EDUCAUSE’s then-parallel efforts to illuminate policy issues around online and nontraditional education, but there are important relevancies. Through massively open online courses (MOOCs) and other mechanisms, colleges and universities are using the Internet to reach distant students, first to build awareness (in which case it’s okay for what they provide to be freely available) but eventually to find new revenues, that is, to monetize their intellectual property (in which case it isn’t).

music-industryIf online campus content is to be sold rather than given away, then campuses face the same issues as the entertainment industry: They must protect their content from those who would use it without permission, and take appropriate action to deter or address infringement.

Campuses are generally happy to make their research freely available (except perhaps for inventions), as UChicago’s Statute 18 makes clear, provided that researchers are properly credited. (I also served on UChicago’s faculty Intellectual Property Committee, which among other things adjudicated who-gets-credit conflicts among faculty and other researchers.) But instruction is another matter altogether. If campuses don’t take this seriously, I’m afraid, then as goes music, so goes online higher education.

Much as campus tumult and changes in the late Sixties led me to abandon engineering for policy analysis, and quantitative policy analysis led me into large-scale data analysis, and large-scale data analysis led me into IT, and IT led me back into policy analysis, intellectual-property issues led me to NBCUniversal.

Peacock_CleanupI’d liked the people I met during the HEOA negotiations, and the company seemed seriously committed to rethinking its relationships with higher education. I thought it would be interesting, at this stage in my career, to do something very different in a different kind of place. Plus, less travel (see screwup #3 in my 2007 EDUCAUSE award address).

So here I am, with an office amidst lobbyists and others who focus on legislation and regulation, with a Peacock ID card that gets me into the Universal lot, WRC-TV, and 30 Rock (but not SNL), and with a 401k instead of a 403b.

What are you doing over there?

NBCUniversal’s goals for higher education are relatively simple. First, it would like students to use legitimate sources to get online content more, and illegitimate “pirate” sources less. Second, it would like campuses to reduce the volume of infringing material made available from their networks to illegal downloaders worldwide.

477px-CopyrightpiratesMy roles are also two. First, there’s eagerness among my colleagues (and their counterparts in other studios) to better understand higher education, and how campuses might think about issues and initiatives. Second, the company clearly wants to change its approach to higher education, but doesn’t know what approaches might make sense. Apparently I can help with both.

To lay foundation for specific projects—five so far, which I’ll describe briefly below—I looked at data from DMCA takedown notices.

Curiously, it turned out, no one had done much to analyze detected infringement from campus networks (as measured by DMCA notices sent to them), or to delve into the ethical puzzle: Why do students behave one way with regard to misappropriating music, movies, and TV shows, and very different ways with regard to arguably similar options such as shoplifting or plagiarism? I’ve written about some of the underlying policy issues in Story of S, but here I decided to focus first on detected infringement.

riaa-logoIt turns out that virtually all takedown notices for music are sent by the Recording Industry Association of America, RIAA (the Zappa Trust and various other entities send some, but they’re a drop in the bucket).

MPAAMost takedown notices for movies and some for TV are sent by the Motion Picture Association of America, MPAA, on behalf of major studios (again, with some smaller entities such as Lucasfilm wading in separately). NBCUniversal and Fox send out notices involving their movies and TV shows.

sources chartI’ve now analyzed data from the major senders for both a twelve-month period (Nov 2011-Oct 2012) and a more recent two-month period (Feb-Mar 2013). For the more recent period, I obtained very detailed data on each of 40,000 or so notices sent to campuses. Here are some observations from the data:

  • Almost all the notices went to 4-year campuses that have at least 100 dormitory beds (according to IPEDS). To a modest extent, the bigger the campus the more notices, but the correlation isn’t especially large.
  • Over half of all campuses—even of campuses with dorms—didn’t get any notices. To some extent this is because there are lots and lots of very small campuses, and they fly under the infringement-detection radar. But I’ve learned from talking to a fair number of campuses that, much to my surprise, many heavily filter or even block peer-to-peer traffic at their commodity Internet border firewall—usually because the commodity bandwidth p2p uses is expensive, especially for movies, rather than to deal with infringement per se. Outsourced dorm networks also have an effect, but I don’t think they’re sufficiently widespread yet to explain the data.
  • Several campuses have out-of-date or incorrect “DMCA agent” addresses registered at the Library of Congress. Compounding that, it turns out some notice senders use “abuse” or other standard DNS addresses rather than the registered agent addresses.
  • Among campuses that received notices, a few campuses stand out for receiving the lion’s share, even adjusting for their enrollment. For example, the top 100 or so recipient campuses got about three quarters of the total, and a handful of campuses stand out sharply even within that group: the top three campuses (the leftmost blue bars in the graph below) accounted for well over 10% of the notices. (I found the same skewness in the 2012 study.) With a few interesting exceptions (interesting because I know or suspect what changed), the high-notice groups have been the same for the two periods.

utorrent-facebook-mark-850-transparentThe detection process, in general, is that copyright holders choose a list of music, movie, or TV titles they believe likely to be infringed. Their contractors then use BitTorrent tracker sites and other user tools to find illicit sources for those titles.

For the most part the studios and associations simply look for titles that are currently popular in theaters or from legitimate sources. It’s hard to see that process introducing a bias that would affect some campuses so much differently than others. I’ve also spent considerable time looking at how a couple of contractors verify that titles being offered illicitly (that is, listed for download on a BitTorrent tracker site such as The Pirate Bay) are actually the titles being supplied (rather than, say, malware, advertising, or porn), and at how they figure out where to send the resulting takedown notices. That process too seems pretty straightforward and unbiased.

argo-15355-1920x1200Sender choices clearly can influence how notice counts vary from time to time: for example, adding a newly popular title to the search list can lead to a jump in detections and hence notices. But it’s hard to see how the choice of titles would influence how notice counts vary from institution to institution.

This all leads me to believe that takedown notices tell us something incomplete but useful about campus policies and practices, especially at the extremes. The analysis led directly to two projects focused on specific groups of campuses, and indirectly to three others.

Role Model Campuses

Based on the results of the data analysis, I communicated individually with CIOs at 22 campuses that received some but relatively few notices: specifically, campuses that (a) received at least one notice (and so are on the radar) but (b) fewer than 300 and fewer than 20 per thousand student headcount, (c) have at least 7,500 headcount students, and (d) have at least 10,000 dorm beds (per IPEDS) or sufficient dorm beds to house half your headcount. (These are Group 4, the purple bars in the graph below. The solid bars represent total notices sent, and the hollow bars represent incidence, or notices per thousand headcount students. Click on the graph to see it larger.)

I’ve asked each of those campuses whether they’d be willing to document their practices in an open “role models” database developed jointly by the campuses and hosted by a third party such as groups charta higher-education association (as EDUCAUSE did after the HEOA regulations took effect). The idea is to make a collection of diverse effective practices available to other campuses that might want to enhance their practices.

High Volume Campuses

Separately, I communicated privately with CIOs at 13 campuses that received exceptionally many notices, even adjusting for their enrollment (Group 1, the blue bars in the graph). I’ve looked in some detail at the data for those campuses, some large and some small, and in some cases that’s led to suggestions.

For example, in a few cases I discovered that virtually all of a high-volume campus’s notices were split evenly among a small number of consecutive IP addresses. In those cases, I’ve suggested that those IP addresses might be the front-end to something like a campus wireless network. Filtering or blocking p2p (or just BitTorrent) traffic on those few IP addresses (or the associated network devices) might well shrink the campus’s role as a distributor without affecting legitimate p2p or BitTorrent users (who tend to be managing servers with static addresses).


Back when I was at EDUCAUSE, we worked with NBCUniversal to host a DC meeting between senior campus staff from a score of campuses nationwide and some industry staff closely involved with the detection and notification for online infringement. The meeting was energetic and frank, and participants from both sides went away with a better sense of the other’s bona fides and seriousness. This was the first time campus staff had gotten a close look at the takedown-notice process since a Common Solutions Group meeting in Ann Arbor some years earlier; back then the industry’s practices were much less refined.

university-st-thomas-logo-white croppedBased on the NBCUniversal/EDUCAUSE experience, we’re organizing a series of regional “Symposia” along these lines on campuses in various cities across the US. The objectives are to open new lines of communication and to build trust. The invitees are IT and student-affairs staff from local campuses, plus several representatives from industry, especially the groups that actually search for infringement on the Internet. The first was in New York, the second in Minneapolis, the third will be in Philadelphia, and others will follow in the West, the South, and elsewhere in the Midwest.


We’re funding a study within a major state university system to gather two kinds of data. Initially the researchers are asking each campus to describe the measures it takes to “effectively combat” copyright infringement: its communications with students, its policies for dealing with violations, and the technologies it uses. The data from the first phase will help enhance a matrix we’ve drafted outlining the different approaches taken by different campuses, complementing what will emerge from the “role models” project.

Based on the initial data, the researchers and NBCUniversal will choose two campuses to participate in the pilot phase of the Campus Online Education Initiative (which I’ll describe next). In advance of that pilot, the researchers will gather data from a sample of students on each campus, asking about their attitudes toward and use of illicit and legitimate online sources for music, movies, and video. They’ll then repeat that data collection after the pilot term.

Campus Online Entertainment Initiative

Last but least in neither ambition nor complexity, we’re crafting a program that will attempt to address both goals I listed earlier: encouraging campuses to take effective steps to reduce distribution of infringing material from their networks, and helping students to appreciate (and eventually prefer) legitimate sources for online entertainment.

maxresdefaultWorking with Universal Studios and some of its peers, we’ll encourage students on participating campuses to use legitimate sources by making a wealth of material available coherently and attractively—through a single source that works across diverse devices, and at a substantial discount or with similar incentives.

Participating campuses, in turn, will maintain or implement policies and practices likely to shrink the volume of infringing material available from their networks. In some cases the participating campuses will already be like those in the “role models” group; in others they’ll be “high volume” or other campuses willing to  adopt more effective practices.

I’m managing these projects from NBCUniversal’s Washington offices, but with substantial collaboration from company colleagues here, in Los Angeles, and in New York; from Comcast colleagues in Philadelphia; and from people in other companies. Interestingly, and to my surprise, pulling this all together has been much like managing projects at a research university. That’s a good segue to the next question.

Is it different on the dark side?

IMG_1224Newly hired, I go out to WRC, the local NBC affiliate in Washington, to get my NBCUniversal ID and to go through HR orientation. Initially it’s all familiar: the same ID photo technology, the same RFID keycard, the same ugly tile and paint on the hallways, the same tax forms to be completed by hand.

But wait: Employee Relations is next door to the (now defunct) Chris Matthews Show. And the benefits part of orientation is a video hosted by Jimmy Fallon and Brian Williams. And there’s the possibility of something called a “bonus”, whatever that is.

Around my new office, in a spiffy modern building at 300 New Jersey Avenue, everyone seems to have two screens. That’s just as it was in higher-education IT. But wait: here one of them is a TV. People watch TV all day as they work.

Toto, we’re not in higher education any more.

IMG_1274It’s different over here, and not just because there’s a beautiful view of the Capitol from our conference rooms. Certain organizational functions seem to work better, perhaps because they should and in the corporate environment can be implemented by decree: HR processes, a good unified travel arrangement and expense system, catering, office management. Others don’t: there’s something slightly out of date about the office IT, especially the central/individual balance and security, and there’s an awful lot of paper.

Some things are just different, rather than better or not: the culture is heavily oriented to face-to-face and telephone interaction, even though it’s a widely distributed organization where most people are at their desks most of the time. There’s remarkably little email, and surprisingly little use of workstation-based videoconferencing. People dress a bit differently (a maitre d’ told me, “that’s not a Washington tie”).

But differences notwithstanding, mostly things feel much the same as they did at EDUCAUSE, UChicago, and MIT.

tiny NBCUniversal_violet_1030Where I work is generally happy, people talk to one another, gossip a bit, have pizza on Thursdays, complain about the quality of coffee, and are in and out a lot. It’s not an operational group, and so there’s not the bustle that comes with that, but it’s definitely busy (especially with everyone around me working on the Comcast/Time Warner merger). The place is teamly, in that people work with one another based on what’s right substantively, and rarely appeal to authority to reach decisions. Who trusts whom seems at least as important as who outranks whom, or whose boss is more powerful. Conversely, it’s often hard to figure out exactly how to get something done, and lots of effort goes into following interpersonal networks. That’s all very familiar.

MIT_Building_10_and_the_Great_Dome,_Cambridge_MAI’d never realized how much like a research university a modern corporation can be. Where I work is NBCUniversal, which is the overarching corporate umbrella (“Old Main”, “Mass Hall”, “Building 10”, “California Hall”, “Boulder”) for 18 other companies including news, entertainment, Universal Studios, theme parks, the Golf Channel, Telemundo (which are remarkably like schools and departments in their varied autonomy).

Meanwhile NBCUniversal is owned by Comcast—think “System Central Office”. Sure, these are all corporate entities, and they have concrete metrics by which to measure success: revenue, profit, subscribers, viewership, market share. But the relationships among organizations, activities, and outcomes aren’t as coherent and unitary as I’d expected.

Dark or Green?

So, am I on the dark side, or have I left it behind for greener pastures? Curiously, I hear both from my friends and colleagues in higher education: Some of them think my move is interesting and logical, some think it odd and disappointing. Curioser still, I hear both from my new colleagues in the industry: Some think I was lucky to have worked all those decades in higher education, while others think I’m lucky to have escaped. None of those views seems quite right, and none seems quite wrong.

The point, I suppose, is that simple judgments like “dark” and “greener” underrepresent the complexity of organizational and individual value, effectiveness, and life. Broad-brush characterizations, especially characterizations embodying the ecological fallacy, “…the impulse to apply group or societal level characteristics onto individuals within that group,” do none of us any good.

It’s so easy to fall into the ecological-fallacy trap; so important, if we’re to make collective progress, not to.

Comments or questions? Write me:

(The quote is from Charles Ess & Fay Sudweeks, Culture, technology, communication: towards an intercultural global village, SUNY Press 2001, p 90. Everything in this post, and for that matter all my posts, represents my own views, not those of my current or past employers, or of anyone else.)

3|5|2014 11:44a est

Streaming TV: New Tricks and Old Problems

I like to read mysteries. No surprise, I also watch lots of TV cop shows and mysteries.

poirotSome good reads turn out to be not-so-good TV, and vice versa. Ian Rankin‘s Rebus mysteries and various of Peter Lovesey‘s are an example of the former, and, in my view at least, David Suchet’s Poirot is a lot more interesting and entertaining that Agatha Christie‘s (for that matter, so is Albert Finney‘s). The same is generally true of Leo McKern’s Rumpole of the Bailey compared to John Mortimer‘s.

Of course there are lots of good-good examples (the adaptations of P.D. James and Dorothy Sayers, which both read and play well, in part because the adaptations are just that, rather than renditions), and plenty of not-not (for example, again in my view, the MidSomer Murders series based on Caroline Graham‘s books—not, mind, that this stopped me from watching all 70+ episodes of the British series—and the VI Warshawski series based on Sara Paretsky‘s work, which somehow never drew me in despite the Chicago location).

1Then there are TV shows that don’t have book counterparts, and for that matter aren’t exactly cop shows or mysteries. Barney Miller comes to mind, as does Hill Street Blues.

The trigger for today’s rumination, New Tricks, is one of those not-exactlys. The BBC describes New Tricks as a “drama series about an eccentric group of veteran police detectives reopening cold cases.” Which it is, but as is the case with much detective fiction, the plot is simply a maguffin to draw us into the characters and their relationships.

The backstory is this: a disgraced Detective Superintendent has shot a dog, and is working her way out the doghouse (sorry, couldn’t resist that) by leading a squad comprising three retired detectives—one who converses regularly with his dead wife, another a womanizing rule-bender who maintains cordial relationships with several ex-wives and their daughters, and an ex-alcoholic third who lives on the medication-honed mental edge between paranoid delusion and photographic memory.

HouseOfCardsIt’s interesting how little TV watching these days is based on broadcast or cable schedules. We routinely time-shift using the Xfinity (ne Comcast) On Demand services, and we also do considerable binge watching. The first time we binged was back in the red-envelope days, the entirety of Jewel in the Crown over four intense evenings. The most recent efforts were re-watching the British House of Cards in preparation for the Netflix House of Cards. (Both series are superb.)

Usually, though, we don’t exactly binge; rather, we get into a particular show, and then watch one or two episodes per evening until we’ve used it up. That’s how we did MidSomer Murders a while back (despite its endless village fetes), then the excellent George Gently and Vera, and more recently the outstanding and very French Spiral (L’Engrenage).

Some shows we delve into for a while, and then put on hiatus when they become overwhelming or repetitive—the Danish series The Eagle and the inimitable Larry Sanders Show are in that category. That’s probably what would happen with The Phil Silvers Show, which my father loved, and recordings of which supposedly were destroyed in a fire. Your Show of Shows. Rowan and Martin’s Laugh-In.

But I digress. Friends told us about New Tricks, and so we went looking for it. A local PBS station supposedly is planning to air some of it, but we figured this was a show we should watch from the beginning, and so we wanted the earlier episodes.

Which finally brings me to the actual topic for today: What it took to find and watch New Tricks says a great deal about what needs to improve if the online-viewing marketplace is to succeed. Here’s how the quest went:

  1. xfinity-LogoXfinity On Demand. Searching isn’t easy through the TV: you need to move a cursor around letter by letter using the remote. Using the Xfinity app on a phone or tablet is much easier, since one can just type in a search term to find a show’s schedule. (The app can even tell the cable box to change channels!) Anyway, no luck—Comcast doesn’t have New Tricks.
  2. Netflix. Of course the Comcast cable box doesn’t do Netflix (the fact that I said “of course” is telling—imagescompetition most definitely trumps consolidated customer convenience), so I had to switch to one of our two Netflix-enabled devices (the Sony BluRay player or the AppleTV, both connected to our home network), after first telling the TV to use the appropriate HDMI input. Search using the BluRay or AppleTV remote isn’t any easier than with the Comcast box, but at least the Netflix app has good search tools. However, it tells me that “New Tricks is unavailable to stream” (and then suggests George Gently or MidSomer Murders). So, no luck again.
  3. imagesAmazon Instant Video. That only works on the BluRay player, not the AppleTV, and its app is a bit awkward, so tired of moving the cursor around I go right to the Amazon website on a computer. No luck on Prime Instant Video, the flat-rate subscription service I get by being a Prime customer—but at least Amazon offers an alternative, albeit for streaming purchase (not rental) at $4 per episode or $20 per season. The 8 seasons available for streaming would cost me $160 that way, still cheaper than the $240 I’d pay for DVDs (except there’s a DVD lagniappe: Season 9 is available!).
  4. Hulu (which I don’t subscribe to, so searched only for completeness): No luck.
  5. mpaaI’d heard about a new site sponsored by MPAA,, and so figured it was worth a try. Unfortunately, there’s no search tool on that website; instead, it points me to six other search sites. Among those, Flixster and return no results. Jinni tells me I can rent the DVD from Netflix. TV Guide tries to take me to a website, presumably so I will buy the DVD, but NBCUniversal’s network malware filter blocks the site with a scary popup message, and being a good network citizen I accept my colleagues’ judgment and don’t bypass the block. Zap2it points me to the $4/episode Amazon offering. Finally, tells me that I could have watched the show in October 2012 (but only on the BBC, in the UK). None of that is helpful.
  6. Google_logoFinally I do what I’d usually do first: use Google. The search term “new tricks tv streaming” brings up several links, many of them to copyright-infringing, pirate sites. However, the first link, the legitimate, takes me back to Amazon’s $4 offering. And the second is the mother lode: Idaho Public TV has several seasons of New Tricks available for public, free streaming.

Of course, I want to watch on the TV, not on my iPad. A little more technology solves this problem: I switch our TV’s input to the AppleTV box, start up a New Tricks episode on the iPad, and AirPlay almost automatically redirects the video and sound to our TV. Very cool. (Trying this on an Amazon-hosted show, however, I discover that in some cases, apparently for licensing reasons, Airplay weirdly plays the audio track on the TV set but the video on the iPad—why, I wonder, do that rather than Just Say No, or play everything on the iPad?)

Two observations.

  • 51rnWCEckKL._SX500_First, it can be really hard and confusing to find video material online. There’s no overall search engine that covers all sources, so far as I can tell—at least, no legitimate overall search engine. (Although Google found what I was looking for, even its results were incomplete, since it didn’t point me to the fee-per-episode Amazon offering, and unfortunately it also suggested several sites offering presumably illegal copies.) Even when one finds material, further searching is sometimes necessary; for example, the excellent cop show Vera has one season available on Netflix, but two on Amazon Prime Instant Video, which you’d never know if you stopped once you found it at Netflix.
  • Second, technology remains as much an obstacle as an enabler. For routine TV viewing at home, we use six devices: Sony and Panasonic TVs, two Comcast/Xfinity Motorola cable boxes, a Sony BluRay player, and an AppleTV. (I supposed our iPads and iPhones should be on this list too. We have two each of those.) Three of the devices are plugged into separate HDMI ports on the TV, and two of them (plus the iOS devices) require connections to our home network, which is connected to Comcast. (As a fringe benefit—I suppose—the landline that’s also provided by Comcast displays caller ID on the TV set, at least when we’re using the cable box; that way we can ignore fundraising calls without looking at our phones. hdmi2Even better, we get caller ID and voicemail for our landline on a smartphone app. Even when it’s being frustrating, technology can be cool. But I digress again.) Each TV-related device has a remote, with only partially overlapping functionality—for example, the BluRay’s remote can change the TV’s inputs and adjust volume (the Comcast remote can also change the TV’s inputs, albeit awkwardly) but the BluRay remote can’t change cable channels. The AppleTV remote can only control that device, so watching TV through the AppleTV almost always requires using two remotes, one to choose materials and pause the video on the AppleTV, and the other to adjust
    TV volume. When the technology all works, it’s very nice. When it doesn’t, debugging is a nightmare: pressing buttons on different remotes, jiggling cables, checking Internet connections, and so forth. We tried a universal remote for a while, with the same result: great when it worked, nightmare when it didn’t.

Complexity like this is unfortunate, frustrating, and counterproductive, but perhaps, barring change in the economy of entertainment, unavoidable. Sadly, it deters consumption, especially legitimate consumption. The usual ways out of this—common standards, competition on quality and price, such as returned somewhat to the music world—have so far proven elusive for online TV watching. That’s in part because providers and distributors are quite rationally trying to monetize the material they control, and making it easy for people to find other material, or to change sources, doesn’t achieve that. A true conundrum.

Meanwhile, New Tricks is great fun. We’ve just started Season 4…

Perceived Truths as Policy Paradoxes

imagesThe quote I was going to use to introduce this topic — “You’re entitled to your own opinion, but not to your own facts” — itself illustrates my theme for today: that truths are often less than well founded, and so can turn policy discussions weird.

I’d always heard the quote attributed to Pat Moynihan, an influential sociologist who co-wrote Beyond the Melting Pot with Nathan Glazer, directed the MIT-Harvard Joint Center for Urban Studies shortly before I worked there (and left behind a closet full of Scotch, which stemmed from his perhaps apocryphal rule that no meeting extend beyond 4pm without a bottle on the table), and later served as a widely respected Senator from New York. The collective viziers of Wikipedia have found other attributions for the quote, however. (This has me once again looking for the source of “There go my people, I must go join them, for I am their leader,” supposedly Mahatma Gandhi but apparently some French general — but I digress.). The quote will need to stand on its own.

a0157b7d-9976-410d-bba8-6ccf1dbf4c48-The-ACT-Here’s the Scott Jaschik item from Inside Higher Education that triggered today’s Rumination:

A new survey from ACT shows the continued gap between those who teach in high school and those who teach in college when it comes to their perceptions of the college preparation of today’s students. Nearly 90 percent of high school teachers told ACT that their students are either “well” or “very well” prepared for college-level work in their subject area after leaving their courses. But only 26 percent of college instructors reported that their incoming students are either “well” or “very well” prepared for first-year credit-bearing courses in their subject area. The percentages are virtually unchanged from a similar survey in 2009.

This is precisely what Moynihan (or whoever) had in mind: two parties to an important discussion each bearing their own data, and therefore unable to agree on the problem or how to address it. The teachers presumably think the professors have unreasonable expectations, or don’t work very hard to bring their students along; the professors presumably think the teachers aren’t doing their job. Each side therefore believes the problem lies on the other, and has data to prove that. Collaboration is unlikely, progress ditto. This is what Moynihan had observed about the federal social policy process.

5-financial-aid-tips-1The ACT survey reminded me of a similar finding that emerged back when I was doing college-choice research. I can’t locate a citation, but I recall hearing about a study that surveyed students who had been admitted to several different colleges.

The clever wrinkle in the study was that the students received several different survey queries, each purporting to be from one of the colleges to which he or she had been admitted, and each asking the student about the reasons for accepting or declining the admission offer. Here’s what they found: students told the institution they’d accepted that the reason was excellent academic quality, but they told the institutions they’d declined that the reason was better financial aid from the one they’d accepted.

131More recently, I was talking to a colleague in a another media company who was concerned about the volume of copyright infringement on a local campus. According to the company, the campus was hosting a great deal of copyright infringementl, as measured by the volume of requests for infringing material being sent out by BitTorrent. But according to the campus, a scan of the campus network identified very few hosts running the peer-to-peer applications. The colleague thought the campus was blowing smoke, the campus thought the company’s statistics were wrong.

Although these three examples seem similar — parties disagreeing about facts — in fact they’re a bit different.

  • In the teacher/professor example, the different conclusions presumably stem from different (and unshared) definitions of “”prepared for college-level work”.
  • In the accepted/decline example, the different explanations possibly stem from students’ not wanting to offend the declined institution by questioning its quality, or wanting think of their actual choice as good rather than cheap.
  • In the infringement/application case, the different explanations stem from divergent metrics.

compass-badgeWe’ve seen similar issues arise around institutional attributes in higher education. Do ratings like those from US News & World Report gather their own data, for example, or rely on presumably neutral sources such as the National Center for Educational Statistics? This is critical where results have major reputational effects — consider George Washington University’s inflation of class-rank admissions data, and similar earlier issues with Claremont McKenna, Emory, Villanova, and others.

I’d been thinking about this because in my current job it’s quite important to understand patterns of copyright infringement on campuses. It would be good to figure out which campuses seem to have relatively low infringement rates, and to explore and document their policies and practices lest other campuses might benefit. For somewhat different reasons, it would be good to figure out which campuses seem to have relatively high infringement rates, so that they could be encouraged adopt different policies and practices.

But here we run into the accept/decline problem. If the point to data collection is to identify and celebrate effective practice, there are lots of incentives for campuses to participate. But if the point is to identify and pressure less effective campuses, the incentives are otherwise.

Compounding the problem, there are different ways to measure the problem:

  • One can rely on externally generated complaints, whose volume can vary for reasons having nothing to do with the volume of infringement,
  • one can rely on internal assessments of network traffic, which can be inadvertently selective, and/or
  • one can rely on external measures such as the volume of queries to known sources of infringement;

I’m sure there are others — and that’s without getting into the religious wars about copyright, middlemen, and so forth I addressed in an earlier post).

There’s no full solution to this problem. But there are two things that help: collaboration and openness.

  • By “collaboration,” I mean that parties to questions of policy or practice should work together to define and ideally collect data; that way, arguments can focus on substance.
  • By “openness,” I mean that wherever possible raw data, perhaps anonymized, should accompany analysis and advocacy based on those data.

As an example what this means, here are some thoughts for one of my upcoming challenges — figuring out how to identify campuses that might be models for others to follow, and also campuses that should probably follow them. Achieving this is important, but improperly done it can easily come to resemble the “top 25” lists from RIAA and MPAA that became so controversial and counterproductive a few years ago. The “top 25” lists became controversial partly because their methodology was suspect, partly because the underlying data were never available, and partly because they ignored the other end of the continuum, that is, institutions that had somehow managed to elicit very few Digital Millennium Copyright Act (DMCA) notices.

PirateBay_1_NETT_26916dIt’s clear there are various sources of data, even without internal access to campus network data:

  • counts of DMCA notices sent by various copyright holders (some of which send notices methodically, following reasonably robust and consistent procedures, and some of which don’t),
  • counts of queries involving major infringing sites, and/or
  • network volume measures for major infringing protocols.

Those last two yield voluminous data, and so usually require sampling or data reduction of some kind. And not all queries or protocols they follow involve infringement. It’s also clear, from earlier studies, that there’s substantial variation in these counts over time and even across similar campuses.

This means it will be important for my database, if I can create one, to include several different measures, especially counts from different sources for different materials, and to do that over a reasonable period of time. Integrating all this into a single dataset will require lots of collaboration among the providers. Moreover, the raw data necessarily will identify individual institutions, and releasing them that way would probably cause more opposition than support. Clumping them all together would bypass that problem, but also cover up important variation. So it makes much more sense to disguise rather than clump — that is, to identify institutions by a code name and enough attributes to describe them but not to identify them.

It’ll then be important to be transparent: to lay out the detailed methodology used to “rank” campuses (as, for example, US News now does), and to share the disguised data so others can try different methodologies.

big_dataAt a more general level, what I draw from the various examples is this: If organizations are to set policy and frame practice based on data — to become “data-driven organizations,” in the current parlance — then they must put serious effort into the source, quality, and accessibility of data. That’s especially true for “big data,” even though many current “big data” advocates wrongly believe that volume somehow compensates for quality.

If we’re going to have productive debates about policy and practice in connection with copyright infringment or anything else, we need to listen to Moynihan: To have our own opinions, but to share our data.

Story of S, and the Mythology of the Lost Generation

argo_ver7_xlgDinner talk turned from Argo and Zero Dark Thirty to movies more generally. A 21-year-old college senior—I’ll call her “S”—recognized most of the films we were discussing. She had seen several, but others she hadn’t, which was a bit surprising, since S was an arts major, wanted to be a screenwriter, and was enthusiastic about her first choice for graduate school: the screenwriting program at a major California institution focused on the movie industry.

S had older brothers in the movie business, and she already had begun writing. What she needed, S said, was broader and deeper exposure to what made good screenplays. Graduate school would provide “deeper.” Her plan for “broader” was to watch as many well-regarded classics as possible, and apparently we were helping her map out that strategy.

But many of the films she wanted to see weren’t available on cable in her dormitory, even as pay-per-view. “Buying” or “renting” them online she found too expensive and awkward, especially given the number of films she wanted to see. So S was doing what unfortunately many students (and others) do: looking for movies on the Internet, and then streaming or downloading the least expensive version she could find. Since S’s college dormitory provided good Internet connectivity, S used that to download or stream her movies. Bluebeard_PirateUsually, she said, the least expensive version was an unauthorized copy, a so-called “pirate” version.

Some of us challenged her: Didn’t S realize that downloading or streaming “pirated” copies was against the law? Was she not concerned about the possible consequences? As a budding screenwriter, would she want others to do as she was doing, and deprive her of royalties? Didn’t it just seem wrong to take something without the owner’s permission?

S listened carefully—she was pretty sharp—but she didn’t seem convinced. Indeed, she seemed to feel that her choice to use unauthorized copies was reasonable, given the limited and unsatisfactory alternatives provided by the movie industry.

cary-shermanIn so believing, S was echoing the persistent mythology of the lost generation. I first heard Cary Sherman, the President of the Recording Industry Association of America (RIAA), use “the lost generation” to describe the approximately 25 million students who became digital consumers between two milestones: Napster‘s debut in 1999, which made sharing of MP3s ripped from CDs easy, and Apple’s discontinuing digital rights management (DRM) for most iTunes music in 2009, which made buying tracks legally almost as easy and convenient.

Even without the illusion that infringing materials were “free,” there were ample incentives to infringe during that period: illegal mechanisms were comprehensive and easy to use, for the most part, whereas legal mechanisms did not exist, were inflexible and awkward, and/or did not include many widely-desired items.

Age_of_Mythology_LinerBecause of this, many members of the lost generation adopted a mythology comprising some subset of

  • digital materials are priced too high, since it costs money to manufacture CDs and DVDs but the Internet is free,
  • profits flow to middlemen rather than artists, and so artists aren’t hurt by infringement,
  • DRM is just the industry’s mechanism for controlling users and rationing information,
  • people who stream or download unauthorized copies wouldn’t have bought legal copies anyway, and so copyright holders don’t lose any revenue because of unauthorized copying,
  • there’s no way to sample material before buying it, and so unauthorized sources are the only easy way to explore new or arcane stuff,
  • the entertainment  industry has no interest in serving customers, as evidenced by its keeping so much material unavailable,
  • copyright is wrong, since information should be free and users should just pay what they think it’s worth, and
  • (the illegitimate moral leap S and others make) therefore it’s “okay” to copy and share digital materials without permission.

Unfortunately, the lost generation’s beliefs, most of which have always been exaggerated or invalid, have been passed down to successor generations, a process accelerated rather than slowed by the current industry emphasis on monitoring and penalizing network users.

cool-hand-luke-martinWhy does the mythology persist?

There are the obvious technical and financial arguments: if illegal technology is more convenient that legal, and illegal content costs less than legal, then it’s not surprising that illegal stuff remains prominent.

But in addition, as the Captain might observe, what we have here is failure to communicate:

  • There’s lots of evidence that convenient, comprehensive services like Netflix, Amazon Prime Instant Video, Hulu, Pandora, and Spotify draw users to them even when there are illegal “free” alternatives. But for this to happen, users must know about those services. S clearly didn’t—we asked her specifically—and that’s a marketing failure.
  • Shoplifting and plagiarism are relatively rare, at least among individuals like S. Yet they have the same appealing features as “pirate” music and video. Somehow S and her peers have come to understand that shoplifting, plagiarism, and various similar choices are unethical, immoral, or socially counterproductive. Yet they don’t put copyright infringement in the same category. That’s a social, educational, and parental failure.
  • LSb_120504_345.jpgFor all kinds of arguably irremediable licensing, contractual, competitive, and anti-trust reasons, it remains stubbornly difficult to “give the lady what she wants“: in S’s case, a comprehensive, reasonably priced, convenient service from which she could obtain all the movies she wanted. Whether this is customers not conveying their wants to providers (in part because they can bypass the latter), or whether this is providers stuck on obsolete delivery models, it’s a business failure.
  • Colleges and universities are supposed at least to tell their students about copyright infringement, and to implement technologies and other mechanisms to “effectively combat” it. S had no idea that the consequences of being caught downloading or streaming unauthorized copies were anything beyond being told to stop. So far as she knew, no one, at least no one at her college, had ever gotten in trouble for that. And she’d never heard anything from her college—which was also her Internet service provider—about the issue. That’s a policy failure.

To be fair, S’s dinner comments endorsed only a small subset of the lost generation’s tenets, she seemed generally interested in the streaming services we told her about, and she was now thinking about the consequences of being caught downloading or streaming unauthorized copies—and about how lots of people doing that might affect her future earnings. So there was progress.

But ganging up on 21-year-olds at dinner parties is a very inefficient way to counteract the mythology of the lost generation. We—and by this I mean everyone: users, parents, schools, artists, producers, network providers—need  to find much better ways to communicate about copyright infringement, to help potential infringers understand the choices they are making, and to provide and use better legal services.

Especially until we do that last, this will be hard, and progress will be slow. But it’s progress we need if the intellectual-property economy is to endure.