Law in the Internet Society

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KalmGustavFirstPaper 1 - 18 Oct 2011 - Main.AnilMotwani
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just putting a couple ideas on paper.. i'll flesh this out over the coming days

for non-functional goods with zero marginal costs, property rights are bad as they lead to inefficient distribution. the non-observance of property rights thus leads to superior distribution.

my paper will argue for a reexamination of the word "efficient." surely, it doesn't just mean "reaching the most people possible."

in the realm of music: - there are musicians who might like their songs to be heard start to finish (pink floyd's the wall, the beatle's sgt. pepper's, radiohead's ok computer), as this would give the work a particular conceptual unity. chopping up songs into mp3s and encouraging their piracy seems to undermine this wish. perhaps this means the musician's vision isn't "efficiently" distributed, although deconstituted fragments of it are

- consider perpetually in-production albums (like dre's detox). clips have been leaking to the interwebs for nearly ten years. if listeners know they are getting unfinished, often purely experimental cuts, that'd be okay; but certainly some users think they're getting 'the real thing.' as such, fans throughout the globe often receive and package together drastically different variations on a single album - and form drastically different impressions. this whole arrangement seems anarchic rather than efficient

in the realm of film: - certain films are firework-heavy and therefore are best appreciated in proper theatres (i'm defining "best" subjectively, as in, most in accordance with the producer's intentions). it seems, however, that with the easy of file-sharing, many would-be theatre-goers stay at home and watch (summer blockbusters) on their laptops. "avatar" is now the most heavily pirated movie, despite the great concern james cameron gave to tying his film around the latest technology in theatrical display. i feel that "film" is more than just sounds & images - and i'd argue that film-going is a rich communal experience. much of that is lost via piracy, and this loss perhaps represents a distributional inefficiency

- bollywood is all song-and-dance. mumbai theatres are designed with this in mind. the audiovisual systems are crazy advanced; the bass literally thumps through your skin, and the screens reach wall-to-wall, floor-to-ceiling. the architecture itself is a sight - a gorgeously gothic reminder of india's history under the brits. all this for $4 or so. moreso than in america, piracy is a huge concern in india. and as it gets easier to obtain watchable-quality copies of bollywood films, i fear that less indians will find the strength to get out and see a film in a theatre. as this occurs, bollywood's crucial distinctive feature of flashy song-and-dance numbers will go uncommunicated - even if these films technically reach a bigger, broader audience

part of this debate might reduce to semantics. i should prob'ly address that concern head-on. i'll spend time researching instances of artists describing their work (and their need for integrity in controlling the means of conveyance) using the language of economics, "efficiency," and so forth

direction appreciated

-- AnilMotwani - 18 Oct 2011

 
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Revision 1r1 - 18 Oct 2011 - 21:40:01 - AnilMotwani
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