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The Revolt of the Poor: The Demise of Intellectual Property?

Three years ago I published a book of very price sensitive and highly elastic.
short stories in Israel. The publishing Lower prices will be more than
house belongs to Israel's leading (and compensated for by a much higher sales
exceedingly wealthy) newspaper. I signed volume. There is no other way to explain
a contract which stated that I am the pirate industries : evidently, at the
entitled to receive 8% of the income from right price a lot of people are willing
the sales of the book after commissions to buy these products. High prices are an
payable to distributors, shops, etc. A implicit trade-off favouring small,
few months later (1997), I won the elite, select, rich world clientele. This
coveted Prize of the Ministry of raises a moral issue : are the children
Education (for short prose). The prize of Macedonia less worthy of education and
money (a few thousand DMs) was snatched access to the latest in human knowledge
by the publishing house on the legal and creation ?Two developments threaten
grounds that all the money generated by the future of intellectual property
the book belongs to them because they own rights. One is the Internet. Academics,
the copyright.In the mythology generated fed up with the monopolistic practices of
by capitalism to pacify the masses, the professional publications - already
myth of intellectual property stands out. publish on the web in big numbers. I
It goes like this : if the rights to published a few book on the Internet and
intellectual property were not defined they can be freely downloaded by anyone
and enforced, commercial entrepreneurs who has a computer or a modem. The full
would not have taken on the risks text of electronic magazines, trade
associated with publishing books, journals, billboards, professional
recording records, and preparing publications, and thousands of books is
multimedia products. As a result, available online. Hackers even made sites
creative people will have suffered available from which it is possible to
because they will have found no way to download whole software and multimedia
make their works accessible to the products. It is very easy and cheap to
public. Ultimately, it is the public publish on the Internet, the barriers to
which pays the price of piracy, goes the entry are virtually nil. Web pages are
refrain.But this is factually untrue. In hosted free of charge, and authoring and
the USA there is a very limited group of publishing software tools are
authors who actually live by their pen. incorporated in most word processors and
Only select musicians eke out a living browser applications. As the Internet
from their noisy vocation (most of them acquires more impressive sound and video
rock stars who own their labels - George capabilities it will proceed to threaten
Michael had to fight Sony to do just the monopoly of the record companies, the
that) and very few actors come close to movie studios and so on.The second
deriving subsistence level income from development is also technological. The
their profession. All these can no longer oft-vindicated Moore's law predicts the
be thought of as mostly creative people. doubling of computer memory capacity
Forced to defend their intellectual every 18 months. But memory is only one
property rights and the interests of Big aspect of computing power. Another is the
Money, Madonna, Michael Jackson, rapid simultaneous advance on all
Schwarzenegger and Grisham are technological fronts. Miniaturization and
businessmen at least as much as they are concurrent empowerment by software tools
artists.Economically and rationally, we have made it possible for individuals to
should expect that the costlier a work of emulate much larger scale organizations
art is to produce and the narrower its successfully. A single person, sitting at
market - the more emphasized its home with 5000 USD worth of equipment can
intellectual property rights.Consider a fully compete with the best products of
publishing house.A book which costs the best printing houses anywhere.
50,000 DM to produce with a potential CD-ROMs can be written on, stamped and
audience of 1000 purchasers (certain copied in house. A complete music studio
academic texts are like this) - would with the latest in digital technology has
have to be priced at a a minimum of 100 been condensed to the dimensions of a
DM to recoup only the direct costs. If single chip. This will lead to personal
illegally copied (thereby shrinking the publishing, personal music recording, and
potential market as some people will the to the digitization of plastic art.
prefer to buy the cheaper illegal copies) But this is only one side of the
- its price would have to go up story.The relative advantage of the
prohibitively to recoup costs, thus intellectual property corporation does
driving out potential buyers. The story not consist exclusively in its
is different if a book costs 10,000 DM to technological prowess. Rather it lies in
produce and is priced at 20 DM a copy its vast pool of capital, its marketing
with a potential readership of 1,000,000 clout, market positioning, sales
readers. Piracy (illegal copying) should organization, and distribution
in this case be more readily tolerated as network.Nowadays, anyone can print a
a marginal phenomenon.This is the theory. visually impressive book, using the
But the facts are tellingly different. above-mentioned cheap equipment. But in
The less the cost of production (brought an age of information glut, it is the
down by digital technologies) - the marketing, the media campaign, the
fiercer the battle against piracy. The distribution, and the sales that
bigger the market - the more pressure is determine the economic outcome.This
applied to clamp down on samizdat advantage, however, is also being
entrepreneurs.Governments, from China to eroded.First, there is a psychological
Macedonia, are introducing intellectual shift, a reaction to the
property laws (under pressure from rich commercialization of intellect and
world countries) and enforcing them spirit. Creative people are repelled by
belatedly. But where one factory is what they regard as an oligarchic
closed on shore (as has been the case in establishment of institutionalized,
mainland China) - two sprout off shore lowest common denominator art and they
(as is the case in Hong Kong and in are fighting back.Secondly, the Internet
Bulgaria).But this defies logic : the is a huge (200 million people), truly
market today is global, the costs of cosmopolitan market, with its own
production are lower (with the exception marketing channels freely available to
of the music and film industries), the all. Even by default, with a minimum
marketing channels more numerous (half of investment, the likelihood of being seen
the income of movie studios emanates from by surprisingly large numbers of
video cassette sales), the speedy consumers is high.I published one book
recouping of the investment virtually the traditional way - and another on the
guaranteed. Moreover, piracy thrives in Internet. In 50 months, I have received
very poor markets in which the population 6500 written responses regarding my
would anyhow not have paid the legal electronic book. Well over 500,000 people
price. The illegal product is inferior to read it (my Link Exchange meter
the legal copy (it comes with no registered c. 2,000,000 impressions since
literature, warranties or support). So November 1998). It is a textbook (in
why should the big manufacturers, psychopathology) - and 500,000 readers is
publishing houses, record companies, a lot for this kind of publication. I am
software companies and fashion houses so satisfied that I am not sure that I
worry?The answer lurks in history. will ever consider a traditional
Intellectual property is a relatively new publisher again. Indeed, my last book was
notion. In the near past, no one published in the very same way.The demise
considered knowledge or the fruits of of intellectual property has lately
creativity (art, design) as 'patentable', become abundantly clear. The old
or as someone's 'property'. The artist intellectual property industries are
was but a mere channel through which fighting tooth and nail to preserve their
divine grace flowed. Texts, discoveries, monopolies (patents, trademarks,
inventions, works of art and music, copyright) and their cost advantages in
designs - all belonged to the community manufacturing and marketing.But they are
and could be replicated freely. True, the faced with three inexorable processes
chosen ones, the conduits, were honoured which are likely to render their efforts
but were rarely financially rewarded. vain:The Newspaper PackagingPrint
They were commissioned to produce their newspapers offer package deals of cheap
works of art and were salaried, in most content subsidized by advertising. In
cases. Only with the advent of the other words, the advertisers pay for
Industrial Revolution were the embryonic content formation and generation and the
precursors of intellectual property reader has no choice but be exposed to
introduced but they were still limited to commercial messages as he or she studies
industrial designs and processes, mainly the content.This model - adopted earlier
as embedded in machinery. The patent was by radio and television - rules the
born. The more massive the market, the internet now and will rule the wireless
more sophisticated the sales and internet in the future. Content will be
marketing techniques, the bigger the made available free of all pecuniary
financial stakes - the larger loomed the charges. The consumer will pay by
issue of intellectual property. It spread providing his personal data (demographic
from machinery to designs, processes, data, consumption patterns and
books, newspapers, any printed matter, preferences and so on) and by being
works of art and music, films (which, at exposed to advertising. Subscription
their beginning were not considered art), based models are bound to fail.Thus,
software, software embedded in hardware, content creators will benefit only by
processes, business methods, and even sharing in the advertising cake. They
unto genetic material.Intellectual will find it increasingly difficult to
property rights - despite their noble implement the old models of royalties
title - are less about the intellect and paid for access or of ownership of
more about property. This is Big Money : intellectual property.DisintermediationA
the markets in intellectual property lot of ink has been spilt regarding this
outweigh the total industrial production important trend. The removal of layers of
in the world. The aim is to secure a brokering and intermediation - mainly on
monopoly on a specific work. This is an the manufacturing and marketing levels -
especially grave matter in academic is a historic development (though the
publishing where small- circulation continuation of a long term
magazines do not allow their content to trend).Consider music for instance.
be quoted or published even for Streaming audio on the internet or
non-commercial purposes. The monopolists downloadable MP3 files will render the CD
of knowledge and intellectual products obsolete. The internet also provides a
cannot allow competition anywhere in the venue for the marketing of niche products
world - because theirs is a world market. and reduces the barriers to entry
A pirate in Skopje is in direct previously imposed by the need to engage
competition with Bill Gates. When he in costly marketing ("branding")
sells a pirated Microsoft product - he is campaigns and manufacturing
depriving Microsoft not only of its activities.This trend is also likely to
income, but of a client (=future income), restore the balance between artist and
of its monopolistic status (cheap copies the commercial exploiters of his product.
can be smuggled into other markets), and The very definition of "artist" will
of its competition-deterring image (a expand to include all creative people.
major monopoly preserving asset). This is One will seek to distinguish oneself, to
a threat which Microsoft cannot tolerate. "brand" oneself and to auction off one's
Hence its efforts to eradicate piracy - services, ideas, products, designs,
successful in China and an utter failure experience, etc. This is a return to
in legally-relaxed Russia.But what pre-industrial times when artisans ruled
Microsoft fails to understand is that the the economic scene. Work stability will
problem lies with its pricing policy - vanish and work mobility will increase in
not with the pirates. When faced with a a landscape of shifting allegiances, head
global marketplace, a company can adopt hunting, remote collaboration and similar
one of two policies: either to adjust the labour market trends.Market
price of its products to a world average FragmentationIn a fragmented market with
of purchasing power - or to use a myriad of mutually exclusive market
discretionary differential pricing (as niches, consumer preferences and
pharmaceutical companies were forced to marketing and sales channels - economies
do in Brazil and South Africa). A of scale in manufacturing and
Macedonian with an average monthly income distribution are meaningless.
of 160 USD clearly cannot afford to buy Narrowcasting replaces broadcasting, mass
the Encyclopaedia Encarta Deluxe. In customization replaces mass production, a
America, 50 USD is the income generated network of shifting affiliations replaces
in 4 hours of an average job. In the rigid owned-branch system. The
Macedonian terms, therefore, the Encarta decentralized, intrapreneurship-based
is 20 times more expensive. Either the corporation is a late response to these
price should be lowered in the Macedonian trends. The mega-corporation of the
market - or an average world price should future is more likely to act as a
be fixed which will reflect an average collective of start-ups than as a
global purchasing power.Something must be homogeneous, uniform (and, to conspiracy
done about it not only from the economic theorists, sinister) juggernaut it once
point of view. Intellectual products are was.




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