Content by Cory Doctorow (top ebook reader .TXT) 📕

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.

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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, fan-fiction, 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.

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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 in my March column ("You Do Like Reading Off a Computer Screen"), I don't believe that most readers want to read long-form works off a screen, and I don't believe that they will ever want to read long-form works off a screen. As I say in the column, the problem with reading off a screen isn't resolution, eyestrain, or compatibility with reading in the bathtub: it's that computers are seductive, they tempt us to do other things, making concentrating on a long-form work impractical.

Sure, some readers have the cognitive quirk necessary to read full-length works off screens, or are motivated to do so by other circumstances (such as being so broke that they could never hope to buy the printed work). The rational question isn't, "Will giving away free e-books cost me sales?" but rather, "Will giving away free e-books win me more sales than it costs me?"

This is a very hard proposition to evaluate in a quantitative way. Books aren't lattes or cable-knit sweaters: each book sells (or doesn't) due to factors that are unique to that title. It's hard to imagine an empirical, controlled study in which two "equivalent" books are published, and one is also available as a free download, the other not, and the difference calculated as a means of "proving" whether e-books hurt or help sales in the long run.

I've released all of my novels as free downloads simultaneous with their print publication. If I had a time machine, I could re-release them without the free downloads and compare the royalty statements. Lacking such a device, I'm forced to draw conclusions from qualitative, anecdotal evidence, and I've collected plenty of that:

* Many writers have tried free e-book releases to tie in with the print release of their works. To the best of my knowledge, every writer who's tried this has repeated the experiment with future works, suggesting a high degree of satisfaction with the outcomes

* A writer friend of mine had his first novel come out at the same time as mine. We write similar material and are often compared to one another by critics and reviewers. My first novel had a free download, his didn't. We compared sales figures and I was doing substantially better than him -- he subsequently convinced his publisher to let him follow suit

* Baen Books has a pretty good handle on expected sales for new volumes in long-running series; having sold many such series, they have lots of data to use in sales estimates. If Volume N sells X copies, we expect Volume N+1 to sell Y copies. They report that they have seen a measurable uptick in sales following from free e-book releases of previous and current volumes

* David Blackburn, a Harvard PhD candidate in economics, published a paper in 2004 in which he calculated that, for music, "piracy" results in a net increase in sales for all titles in the 75th percentile and lower; negligible change in sales for the "middle class" of titles between the 75th percentile and the 97th percentile; and a small drag on the "super-rich" in the 97th percentile and higher. Publisher Tim O'Reilly describes this as "piracy's progressive taxation," apportioning a small wealth-redistribution to the vast majority of works, no net change to the middle, and a small cost on the richest few

* Speaking of Tim O'Reilly, he has just published a detailed, quantitative study of the effect of free downloads on a single title. O'Reilly Media published Asterisk: The Future of Telephony, in November 2005, simultaneously releasing the book as a free download. By March 2007, they had a pretty detailed picture of the sales-cycle of this book -- and, thanks to industry standard metrics like those provided by Bookscan, they could compare it, apples-to-apples style, against the performance of competing books treating with the same subject. O'Reilly's conclusion: downloads didn't cause a decline in sales, and appears to have resulted in a lift in sales. This is particularly noteworthy because the book in question is a technical reference work, exclusively consumed by computer programmers who are by definition disposed to read off screens. Also, this is a reference work and therefore is more likely to be useful in electronic form, where it can be easily searched

* In my case, my publishers have gone back to press repeatedly for my books. The print runs for each edition are modest -- I'm a midlist writer in a world with a shrinking midlist -- but publishers print what they think they can sell, and they're outselling their expectations

* The new opportunities arising from my free downloads are so numerous as to be uncountable -- foreign rights deals, comic book licenses, speaking engagements, article commissions -- I've made more money in these secondary markets than I have in royalties

* More anecdotes: I've had literally thousands of people approach me by e-mail and at signings and cons to say, "I found