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time it ceased to be. Previously they had sold books and records and films, all nouns to be sure. They didn’t know what to call the mysterious ghosts of thought that were attached to them.

Thus, when not applied to something you can put in a bucket (of whatever size), “content” actually represents a plot to make you think that meaning is a thing. It isn’t. The only reason they want you to think that it is because they know how to own things, how to give them a value based on weight or quantity, and, more to the point, how to make them artificially scarce in order to increase their value.

That, and the fact that after a good 25 years of advance warning, they still haven’t done much about the Economy of Ideas besides trying to stop it from happening.

As I get older, I become less and less interested in saying “I told you so.” But in this case, I find it hard to resist. Back during the Internet equivalent of the Pleistocene. I wrote a piece for an ancestor of Wired magazine called Wired magazine that was titled, variously, “The Economy of Ideas” or “Wine without Bottles.” In this essay, I argued that it would be deucedly difficult to continue to apply the Adam Smithian economic principles regarding the relationship between scarcity and value to any products that could be reproduced and distributed infinitely at zero cost.

I proposed, moreover, that, to the extent that anything might be scarce in such an economy, it would be attention, and that invisibility would be a bad strategy for increasing attention. That, in other words, familiarity might convey more value to information that scarcity would.

I did my best to tell the folks in what is now called “The Content Industry” - the institutions that once arose for the useful purpose of conveying creative expression from one mind to many - that this would be a good time to change their economic model. I proposed that copyright had worked largely because it had been difficult, as a practical matter, to make a book or a record or motion picture film spool.

It was my theory that as soon as all human expression could be reduced into ones and zeros, people would begin to realize what this “stuff” really was and come up with an economic paradigm for rewarding its sources that didn’t seem as futile as claiming to own the wind. Organizations would adapt. The law would change. The notion of “intellectual property,” itself only about 35 years old, would be chucked immediately onto the magnificent ash-heap of Civilization’s idiotic experiments.

Of course, as we now know, I was wrong. Really wrong.

As is my almost pathological inclination, I extended them too much credit. I imputed to institutions the same capacities for adaptability and recognition of the obvious that I assume for humans. But institutions, having the legal system a fundamental part of their genetic code, are not so readily ductile.

This is particularly true in America, where some combination of certainty and control is the actual “deity” before whose altar we worship, and where we have a regular practice of spawning large and inhuman collective organisms that are a kind of meta-parasite. These critters - let’s call them publicly-held corporations - may be made out of humans, but they are not human. Given human folly, that characteristic might be semi-ok if they were actually as cold-bloodedly expedient as I once fancied them - yielding only to the will of the markets and the raw self-interest of their shareholders. But no. They are also symbiotically subject to the “religious beliefs” of those humans who feed in their upper elevations.

Unfortunately, the guys (and they mostly are guys) who’ve been running The Content Industry since it started to die share something like a doctrinal fundamentalism that has led them to such beliefs as the conviction that there’s no difference between listening to a song and shoplifting a toaster.

Moreover, they dwell in such a sublime state of denial that they think they are stewarding the creative process as it arises in the creative humans they exploit savagely - knowing, as they do, that a creative human would rather be heard than paid - and that they, a bunch of sated old scoundrels nearing retirement would be able to find technological means for wrapping “containers” around “their” “content” that the adolescent electronic Hezbollah they’ve inspired by suing their own customers will neither be smart nor motivated enough to shred whatever pathetic digital bottles their lackeys design.

And so it has been for the last 13 years. The companies that claim the ability to regulate humanity’s Right to Know have been tireless in their endeavors to prevent the inevitable. The won most of the legislative battles in the U.S. and abroad, having purchased all the government money could buy. They even won most of the contests in court. They created digital rights management software schemes that behaved rather like computer viruses.

Indeed, they did about everything they could short of seriously examining the actual economics of the situation - it has never been proven to me that illegal downloads are more like shoplifted goods than viral marketing - or trying to come up with a business model that the market might embrace.

Had it been left to the stewardship of the usual suspects, there would scarcely be a word or a note online that you didn’t have to pay to experience. There would be increasingly little free speech or any consequence, since free speech is not something anyone can own.

Fortunately there were countervailing forces of all sorts, beginning with the wise folks who designed the Internet in the first place. Then there was something called the Electronic Frontier Foundation which I co-founded, along with Mitch Kapor and John Gilmore, back in 1990. Dedicated to the free exchange of useful information in cyberspace, it seemed at times that I had been right in suggesting then that practically every institution of the Industrial Period would try to crush, or at least own, the Internet. That’s a lot of lawyers to have stacked against your cause.

But we had Cory Doctorow.

Had nature not provided us with a Cory Doctorow when we needed one, it would have been necessary for us to invent a time machine and go into the future to fetch another like him. That would be about the only place I can imagine finding such a creature. Cory, as you will learn from his various rants “contained” herein was perfectly suited to the task of subduing the dinosaurs of content.

He’s a little like the guerilla plumber Tuttle in the movie Brazil. Armed with a utility belt of improbable gizmos, a wildly over-clocked mind, a keyboard he uses like a verbal machine gun, and, best of all, a dark sense of humor, he’d go forth against massive industrial forces and return grinning, if a little beat up.

Indeed, many of the essays collected under this dubious title are not only memoirs of his various campaigns but are themselves the very weapons he used in them. Fortunately, he has spared you some of the more sophisticated utilities he employed. He is not battering you with the nerdy technolingo he commands when stacked up against various minutiacrats, but I assure you that he can speak geek with people who, unlike Cory, think they’re being pretty social when they’re staring at the other person’s shoes.

This was a necessary ability. One of the problems that EFF has to contend with is that even though most of our yet-unborn constituency would agree heartily with our central mission - giving everybody everywhere the right to both address and hear everybody everywhere else - the decisions that will determine the eventual viability of that right are being made now and generally in gatherings invisible to the general public, using terminology, whether technical or legal, that would be the verbal equivalent of chloroform to anyone not conversant with such arcana.

I’ve often repeated my belief that the first responsibility of a human being is to be a better ancestor. Thus, it seems fitting that the appearance of this book, which details much of Cory’s time with the EFF, coincides with the appearance of his first-born child, about whom he is a shameless sentimental gusher.

I would like to think that by the time this newest prodigy, Poesy Emmeline Fibonacci Nautilus Taylor Doctorow - you see what I mean about paternal enthusiasm - has reached Cory’s age of truly advanced adolescence, the world will have recognized that there are better ways to regulate the economy of mind than pretending that its products are something like pig iron. But even if it hasn’t, I am certain that the global human discourse will be less encumbered than it would have been had not Cory Doctorow blessed our current little chunk of space/time with his fierce endeavors.

And whatever it is that might be “contained” in the following.

$$$$

Microsoft Research DRM Talk

(This talk was originally given to Microsoft’s Research Group and other interested parties from within the company at their Redmond offices on June 17, 2004.)

Greetings fellow pirates! Arrrrr!

I’m here today to talk to you about copyright, technology and DRM, I work for the Electronic Frontier Foundation on copyright stuff (mostly), and I live in London. I’m not a lawyer — I’m a kind of mouthpiece/activist type, though occasionally they shave me and stuff me into my Bar Mitzvah suit and send me to a standards body or the UN to stir up trouble. I spend about three weeks a month on the road doing completely weird stuff like going to Microsoft to talk about DRM.

I lead a double life: I’m also a science fiction writer. That means I’ve got a dog in this fight, because I’ve been dreaming of making my living from writing since I was 12 years old. Admittedly, my IP-based biz isn’t as big as yours, but I guarantee you that it’s every bit as important to me as yours is to you.

Here’s what I’m here to convince you of:

1. That DRM systems don’t work 2. That DRM systems are bad for society 3. That DRM systems are bad for business 4. That DRM systems are bad for artists

5. That DRM is a bad business-move for MSFT

It’s a big brief, this talk. Microsoft has sunk a lot of capital into DRM systems, and spent a lot of time sending folks like Martha and Brian and Peter around to various smoke-filled rooms to make sure that Microsoft DRM finds a hospitable home in the future world. Companies like Microsoft steer like old Buicks, and this issue has a lot of forward momentum that will be hard to soak up without driving the engine block back into the driver’s compartment. At best I think that Microsoft might convert some of that momentum on DRM into angular momentum, and in so doing, save all our asses.

Let’s dive into it.

—

1. DRM systems don’t work

This bit breaks down into two parts:

1. A quick refresher course in crypto theory 2. Applying that to DRM

Cryptography — secret writing — is the practice of keeping secrets. It involves three parties: a sender, a receiver and an attacker (actually, there can be more attackers, senders and recipients, but let’s keep this simple). We usually call these people Alice, Bob and Carol.

Let’s say we’re in the days of the Caesar, the Gallic War. You need to send messages back and forth to your generals, and you’d prefer that the enemy doesn’t get hold of them. You can rely on the idea that anyone who intercepts your message is probably illiterate, but that’s a tough bet to stake your empire on. You can put your messages into the hands of reliable messengers who’ll chew them up and swallow them

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