Is it because I’m a pirate?
Required reading on the consumer-digital-rights front, EFF’s Frequently Awkward Questions. Highlights include…
- The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement. That’s over $75,000,000. Has any money collected from your lawsuits gone to pay actual artists? Where’s all that money going?
- The RIAA said that it only went after individual file sharers because you couldn’t go after P2P system creators. After the Supreme Court’s Grokster decision, shouldn’t you stop going after music fans?
- The major movie studios have been enjoying some of their most profitable years in history over the past five years. Can you cite to any specific studies that prove noncommercial file sharing among fans, as opposed to commercial DVD piracy, has hurt the studios’ bottom line in any significant way?
Of particular interest to me, however, is this question:
Is it ever legal for me to use software like DVD Shrink or Handbrake to rip a digital copy of a DVD I own onto a video iPod or my laptop? What if I want clips to use for a class report? Or if a teacher wants to include a clip in a PowerPoint slide?
I recently took a class in comedy, and as part of the class we were required to do an in-class presentation. My subject was the humor of “Mork & Mindy” versus the solo humor of Robin Williams.
I paid roughly $50 for the first season of “Mork & Mindy” on DVD. I bought the DVD of “Robin Williams Live on Broadway” for $9.99. I bought the companion CD, “Robin Williams Live 2002,” because of the variation in the material from night to night and the bonus “local material” for $14.99, and I paid $12.99 for the CD of “Robin Williams: A Night at the Met” because it was the only other stand-up material I could find in print. All of this was purchased at local retailers because this was a three-week summer course and I didn’t have time to depend on getting the material from online retailers where I could have shopped around. The rather depressing math shows that I spent $87.97 before state sales tax on research and material for my final presentation. Considering that the local sales tax rate is 7%, that brings the estimate up to roughly $94.13, putting me just short of $100.
I think, at this point, we have established that I am not a criminal freeloader just looking for a handout. And yes, I did eat a few packs of Ramen that month.
Here’s something to consider, however. There is a situation in which I would have been willing to pay more. Not for the material I cobbled together, but for the material that was missing. There is a video of Robin Williams’ concert at the Met. There is also an earlier HBO special featuring Robin Williams in an informal night club style setting (“An Evening with Robin Williams”). Neither of these, however, is currently in print. Both have been released on VHS… and that’s it. It pretty much goes without saying that the VHS is long out of print, as well. At one point I was desperate enough to find some stand-up that was close to contemporary with “Mork & Mindy” that I took off on a mad tour of the local thrift- and used book shops around town, pawing through their selections of heavily-used VHS for some legitimate copy of any of this material.
You know how hard it is to find exactly what you’re looking for in a Salvation Army thrift shop? Especially when it’s on VHS? In good news, I did find a Brother Dave Gardener record that I had never heard, and it only cost me $0.50.
A quick search of the net will find that both the video of “A Night at the Met” and “An Evening With Robin Williams” are available online. They’re available through Limewire. And through BitTorrent. And you can probably find somebody who has posted them to RapidShare.
All of these are illegal.
And before anybody points out that used copies are available on Amazon, let me remind you – the RIAA/MPAA don’t like those, either.
Say what you will about popular culture, the fact is that this is part of our heritage. My generation grew up with Nick at Nite telling us to take pride in “Our TV Heritage.” Even so, our scholarship on these points in our culture is going to be lacking over the next few years because the material is only widely available either in old copies on a decaying medium that has been rendered obsolete or in illegal, poorly-sourced digital copies that we can be sued for accessing.
What makes this even more irksome is the fact that we live in the age of Lulu.com and Kunaki, not to mention the iTunes video store. On-demand publishing is a reality in the modern age, and all it takes is the disk space for the digital master. I can think of no real reason why anything that is of interest to even a small portion of the public should not be available somewhere legally.
Wednesday, July 12th, 2006