My blog entry on internet piracy, “Stopping the Game of Clones,” attracted far more comment than I normally get.  Perez Hilton loved it, but many other people took exception to my call for folks to comply with copyright laws.  Criticisms ranged from asking why diplomats should get involved in this issue, to complaints about how movies and music are distributed from the U.S. to Australia, to some legalistic arguments about the definition of “stealing,” as well as just some old-fashioned verbal abuse.   I think this frank exchange is a good thing (except for the abuse).  I took in these comments with an open mind, and I hope you will do the same with my own  response to the feedback I received.  

“Don’t Ambassadors Have Anything Better To Do?”  Several people wondered why a U.S. Ambassador would bother to complain about the pirating of “Game of Thrones” when there are so many bigger issues.  Actually, given the overwhelming response to the topic, maybe I haven't talked about internet piracy enough.  The point is, this isn’t just about “Game of Thrones” and it isn’t a small issue.   As the Washington Post noted: “The pay-TV industry estimates losses of $1 billion in Asia alone.  Intellectual property is getting tougher and tougher to protect in the digital age, which is a big deal for U.S. economic interests.  Imagine if Americans were stealing $1 billion worth of Japanese cars and Japan thought the U.S. government was being lax about finding and punishing the carjackers.”  The U.S. International Trade Commission estimated that American business lost $48 billion to copyright infringements in China in 2011 alone.  Australia, moreover, has as much to lose from lax intellectual property protection since it is an exporter of movies, music, literature, and other works.  It’s a global problem which is why the United Nations established UN World Book and Copyright Day.  So copyright infringement is a big deal for both of our nations.  Fortunately, working on this topic doesn’t mean I’ll stop working on other big issues too.

“Isn’t This Just About the Money?”  Some people suggested copyright protection was just about helping corporations increase their profits.  It isn’t – in fact, copyright has never been just about money.  Our access to the arts depends upon paying for creative works.   For example, the actors, writers, cinematographers, make-up artists, designers, sound engineers, etc. who make “Game of Thrones” depend on HBO subscribers to cover the $6 million per episode it costs to create each episode.   People have to pay for the program through a cable subscription (in the U.S. as well as everywhere else), or through licensing agreements or by purchasing season passes or DVDs, and it is those people who made it possible for there to be a third season.  Some people think that “Game of Thrones” has made so much money that they don’t have to worry about the artists losing their jobs or going unpaid.  This misses the point.  Publishers are able to meet our desire for a wide range of artistic works because of the success of just a handful of them.  Record labels survive based on the small number of performers who are big hits.  The Taylor Swifts, Justin Biebers, and One Directions make it possible for these labels to also support and publicize work by jazz trumpeters, blues singers, folk musicians, punk, metal, opera, classical music, and other forms of music with much smaller audiences that aren’t commercially viable alone.  When the labels aren’t fully compensated for the big acts (or HBO doesn’t get receipts for “Game of Thrones”) that means other artists won’t get a chance at all.  This applies as much, or even more, to Australian artists because their market is generally smaller.  Their livelihood, and Australia’s own entertainment industry, depend upon content producers being fully remunerated for their creative work. 

“Even if Copyright Infringement Isn’t Legal, You Shouldn’t Call It Stealing.”  Several people took issue with my reference to illegal downloading of shows and movies as "stealing."  Their point was that, unlike stealing a book, a copyright owner still has their work, and there is even a U.S. Supreme Court case that says copyright infringement does not “easily equate” with theft for that reason (the court found that “it fits, but awkwardly”).  The point these comments ignore is that dozens of cases confirm that whatever you call it, this conduct -- making use of someone’s property without permission -- is against the law, and for the same reason as stealing.  Think of it this way: no one would argue that it’s legal (or moral) to slip into a movie theater and watch a movie without paying for your ticket (even if a seat was empty and the theater still had the movie afterward).  That’s basically what you do when you illegally download a video.  Stealing is the word that comes to most people’s minds when you use something that's not yours without permission and without paying for it.  So if folks want to call it something else, that’s fine, but my point here is that it is both wrong and illegal.  

“But an HBO Executive Reportedly Said Stealing “Game of Thrones” Is a Sort of Compliment.”  Seriously.  Illegal immigration is a sort of compliment, too (it means people would rather live in your country than theirs) and so is having someone hit on your partner (because it means they find him/her attractive).  The fact that something is a perverse form of compliment doesn’t mean that it is acceptable or desirable.  No one seriously thinks that illegal immigration or someone seducing your partner is a good thing.   Likewise, the idea that people who download illegally may generate “more buzz” or might decide to do the right thing and buy the next season may be true, but it doesn’t make up for the fact that you are taking something that is not yours when you illegally download content.  If businesses really thought that the way to stay in business was to give shows away for free on the internet to generate buzz and provoke a form of guilt where people buy the series later, they would do that – just give them away.  In fact, studies done at Carnegie Mellon University confirm that free downloads do not increase media sales, they reduce them.  It isn’t fair or reasonable to pretend otherwise.

“Distributors Make Doing the Right Thing Too Difficult, and That’s Why People Have To Illegally Download.”  Many people complained that they would pay for programs if they could get them as fast, or if it were less expensive.  As I said in my original post, that isn’t an excuse, any more than saying “I’d have bought the book if it weren’t quicker and cheaper to steal it from the person next door.”  But I do agree that the model clearly isn’t working because many decent people, who otherwise would never consider taking property without paying for it, feel entitled to take digital entertainment.   Disruptive technology sometimes makes us forget that, just as performances needed to be paid for in the real world, they need to be paid for online.  But I hope we’ll get our perspective back.  This happened after Napster came out with file-sharing and people started downloading music for free.  Apple and other companies saw the issue and found a way to make music available online just as quickly and almost as cheaply.   Napster was shut down and most people started doing the right thing again.  Many companies today are working on how to deliver their products flexibly enough to meet the lifestyle and expectations of online consumers.   But while they are working out the kinks, we shouldn’t be doing something that hurts people who work in the entertainment industry.  The market and political pressures will solve many of the issues people raised, but we have to show some restraint while that sorts out.  For example, despite claims that viewing “Game of Thrones” requires that people either buy an expensive subscription package or wait months to get the most recent episodes, you can in fact get the entire season online for about $30 and watch the episodes right when they come out. 

I know some people will still passionately disagree (and will let me know it).  But instead of shifting blame, I’d just ask that the next time one of us considers illegally downloading a copyrighted work, we remember (and actually follow) the Lannister family code:  “A Lannister always pays his debts.”