Content by Cory Doctorow (first e reader txt) 📕

believe it. We all want to popular music. That’s why it’s popular. But the interesting thing is the other ten percent. Bill Gates told the New York Times that Microsoft lost the search wars by doing “a good job on the 80 percent of common queries and ignor[ing] the other stuff. But it’s the remaining 20 percent that counts, because that’s where the quality perception is.” Why did Napster captivate so many of us? Not because it could get us the top-40 tracks that we could hear just by snapping on the radio: it was because 80 percent of the music ever recorded wasn’t available for sale anywhere in the world, and in that 80 percent were all the songs that had ever touched us, all the earworms that had been lodged in our hindbrains, all the stuff that made us smile when we heard it. Those songs are different for all of us, but they share the trait of making the difference between a compelling service and, well, top-40 Clearchannel radio programming. It was the minority of tracks that appealed to the majority of us. By the same token, the malleability of electronic text means that it can be readily repurposed: you can throw it on a webserver or convert it to a format for your favorite PDA; you can ask your computer to read it aloud or you can search the text for a quotation to cite in a book report or to use in your sig. In other words, most people who download the book do so for the predictable reason, and in a predictable format — say, to sample a chapter in the HTML format before deciding whether to buy the book — but the thing that differentiates a boring e-text experience from an exciting one is the minority use — printing out a couple chapters of the book to bring to the beach rather than risk getting the hardcopy wet and salty.

Tool-makers and software designers are increasingly aware of the notion of “affordances” in design. You can bash a nail into the wall with any heavy, heftable object from a rock to a hammer to a cast-iron skillet. However, there’s something about a hammer that cries out for nail-bashing, it has affordances that tilt its holder towards swinging it. And, as we all know, when all you have is a hammer, everything starts to look like a nail.

The affordance of a computer — the thing it’s designed to do — is to slice-and-dice collections of bits. The affordance of the Internet is to move bits at very high speed around the world at little-to-no cost. It follows from this that the center of the ebook experience is going to involve slicing and dicing text and sending it around.

Copyright lawyers have a word for these activities: infringement. That’s because copyright gives creators a near-total monopoly over copying and remixing of their work, pretty much forever (theoretically, copyright expires, but in actual practice, copyright gets extended every time the early Mickey Mouse cartoons are about to enter the public domain, because Disney swings a very big stick on the Hill).

This is a huge problem. The biggest possible problem. Here’s why:

[CHART: HOW BROKEN COPYRIGHT SCREWS EVERYONE]

* Authors freak out. Authors have been schooled by their peers that strong copyright is the only thing that keeps them from getting savagely rogered in the marketplace. This is pretty much true: it’s strong copyright that often defends authors from their publishers’ worst excesses. However, it doesn’t follow that strong copyright protects you from your readers.

* Readers get indignant over being called crooks. Seriously. You’re a small businessperson. Readers are your customers. Calling them crooks is bad for business.

* Publishers freak out. Publishers freak out, because they’re in the business of grabbing as much copyright as they can and hanging onto it for dear life because, dammit, you never know. This is why science fiction magazines try to trick writers into signing over improbable rights for things like theme park rides and action figures based on their work — it’s also why literary agents are now asking for copyright-long commissions on the books they represent: copyright covers so much ground and takes to long to shake off, who wouldn’t want a piece of it?

* Liability goes through the roof. Copyright infringement, especially on the Net, is a supercrime. It carries penalties of $150,000 per infringement, and aggrieved rightsholders and their representatives have all kinds of special powers, like the ability to force an ISP to turn over your personal information before showing evidence of your alleged infringement to a judge. This means that anyone who suspects that he might be on the wrong side of copyright law is going to be terribly risk-averse: publishers non-negotiably force their authors to indemnify them from infringement claims and go one better, forcing writers to prove that they have “cleared” any material they quote, even in the case of brief fair-use quotations, like song-titles at the opening of chapters. The result is that authors end up assuming potentially life-destroying liability, are chilled from quoting material around them, and are scared off of public domain texts because an honest mistake about the public-domain status of a work carries such a terrible price.

* Posterity vanishes. In the Eldred v. Ashcroft Supreme Court hearing last year, the court found that 98 percent of the works in copyright are no longer earning money for anyone, but that figuring out who these old works belong to with the degree of certainty that you’d want when one mistake means total economic apocalypse would cost more than you could ever possibly earn on them. That means that 98 percent of works will largely expire long before the copyright on them does. Today, the names of science fiction’s ancestral founders — Mary Shelley, Arthur Conan Doyle, Edgar Allan Poe, Jules Verne, HG Wells — are still known, their work still a part of the discourse. Their spiritual descendants from Hugo Gernsback onward may not be so lucky — if their work continues to be “protected” by copyright, it might just vanish from the face of the earth before it reverts to the public domain.

This isn’t to say that copyright is bad, but that there’s such a thing as good copyright and bad copyright, and that sometimes, too much good copyright is a bad thing. It’s like chilis in soup: a little goes a long way, and too much spoils the broth.

From the Luther Bible to the first phonorecords, from radio to the pulps, from cable to MP3, the world has shown that its first preference for new media is its “democratic-ness” — the ease with which it can reproduced.

(And please, before we get any farther, forget all that business about how the Internet’s copying model is more disruptive than the technologies that proceeded it. For Christ’s sake, the Vaudeville performers who sued Marconi for inventing the radio had to go from a regime where they had one hundred percent control over who could get into the theater and hear them perform to a regime where they had zero percent control over who could build or acquire a radio and tune into a recording of them performing. For that matter, look at the difference between a monkish Bible and a Luther Bible — next to that phase-change, Napster is peanuts)

Back to democratic-ness. Every successful new medium has traded off its artifact-ness — the degree to which it was populated by bespoke hunks of atoms, cleverly nailed together by master craftspeople — for ease of reproduction. Piano rolls weren’t as expressive as good piano players, but they scaled better — as did radio broadcasts, pulp magazines, and MP3s. Liner notes, hand illumination and leather bindings are nice, but they pale in comparison to the ability of an individual to actually get a copy of her own.

Which isn’t to say that old media die. Artists still hand-illuminate books; master pianists still stride the boards at Carnegie Hall, and the shelves burst with tell-all biographies of musicians that are richer in detail than any liner-notes booklet. The thing is, when all you’ve got is monks, every book takes on the character of a monkish Bible. Once you invent the printing press, all the books that are better-suited to movable type migrate into that new form. What’s left behind are those items that are best suited to the old production scheme: the plays that need to be plays, the books that are especially lovely on creamy paper stitched between covers, the music that is most enjoyable performed live and experienced in a throng of humanity.

Increased democratic-ness translates into decreased control: it’s a lot harder to control who can copy a book once there’s a photocopier on every corner than it is when you need a monastery and several years to copy a Bible. And that decreased control demands a new copyright regime that rebalances the rights of creators with their audiences.

For example, when the VCR was invented, the courts affirmed a new copyright exemption for time-shifting; when the radio was invented, the Congress granted an anti-trust exemption to the record labels in order to secure a blanket license; when cable TV was invented, the government just ordered the broadcasters to sell the cable-operators access to programming at a fixed rate.

Copyright is perennially out of date, because its latest rev was generated in response to the last generation of technology. The temptation to treat copyright as though it came down off the mountain on two stone tablets (or worse, as “just like” real property) is deeply flawed, since, by definition, current copyright only considers the last generation of tech.

So, are bookwarez in violation of copyright law? Duh. Is this the end of the world? Duh. If the Catholic church can survive the printing press, science fiction will certainly weather the advent of bookwarez.

*

Lagniappe [Lagniappe]

We’re almost done here, but there’s one more thing I’d like to do before I get off the stage. [Lagniappe: an unexpected bonus or extra] Think of it as a “lagniappe” — a little something extra to thank you for your patience.

About a year ago, I released my first novel, Down and Out in the Magic Kingdom, on the net, under the terms of the most restrictive Creative Commons license available. All it allowed my readers to do was send around copies of the book. I was cautiously dipping my toe into the water, though at the time, it felt like I was taking a plunge.

Now I’m going to take a plunge. Today, I will re-license the text of Down and Out in the Magic Kingdom under a Creative Commons “Attribution-ShareAlike-Derivs-Noncommercial” license [HUMAN READABLE LICENSE], which means that as of today, you have my blessing to create derivative works from my first book. You can make movies, audiobooks, translations, fanfiction, slash fiction (God help us) [GEEK HIERARCHY], furry slash fiction [GEEK HIERARCHY DETAIL], poetry, translations, t-shirts, you name it, with two provisos: that one, you have to allow everyone else to rip, mix and burn your creations in the same way you’re hacking mine; and on the other hand, you’ve got to do it noncommercially.

The sky didn’t fall when I dipped my toe in. Let’s see what happens when I get in up to my knees.

The text with the new license will be online before the end of the day. Check craphound.com/down for details.

Oh, and I’m also releasing the text of this speech under a Creative Commons Public Domain dedication, [Public domain dedication] giving it away to the world to do with as it see fits. It’ll be linked off my blog, Boing Boing, before the day is through.

$$$$

Free(konomic) E-books

(Originally published in Locus Magazine, September 2007)

Can giving away free electronic books really sell printed books? I think so. As I explained