The Content, The Acts, and The Laws (or: The Good, The Bad, and The Ugly)
Wednesday’s SOPA/PIPA online protests gave me an unexpected gift: one of the best first days of New Media classes in the last several years. Thanks to Internet activists, the students were already aware of the congressional acts that may alter their use of the web and I was able to add some academic background and what the effect on user generated content may be.
I brought up two major lawsuits that change the way we use the web – both a bit frightening. The first is the 2010 Comcast vs. FCC case that Comcast won. The case overturned a ruling made in 2008 that stated that Comcast, who is an Internet service provider (ISP), could not regulate broadband speeds. In 2010, the federal court ruled that Comcast has the right to slow down bandwidth if a user is clogging the pipeline with Torrenting. Not only does this seem like a pretty big breach of Net Neutrality, but it gets scarier: Comcast buys NBCU very soon after!
Comcast, which is a major corporation and ISP, owns a television network, over two dozen channels, many websites, and a major movie studio. Hypothetically speaking, what’s to say that Comcast won’t slow down your bandwidth if you are streaming too much of CBS’ Rob (this is hypothetical of course)? It’s a scary premonition, but there is now a legal precedent for a corporation to do that.
Moving on, this same corporation can lobby congress to get these bills moved forward because there is no spending limit on money spent by corporations since another 2010 lawsuit, Citizens United vs. the Federal Elections Commission (pdf of actual lawsuit). So to break this down with an example: A user buys Internet from a provider (let’s say Comcast) who uses the Internet to download a pirated copy of Battleship (yes, the board game) the movie which is made by Universal and owned by Comcast. Comcast uses some of that user’s money to lobby congress to pass an act to go after its subscriber. (Hypothetically of course.)
My point is that the same court case that allows no spending limit, also allows publicly traded corporations to have free speech. This allows Google to take a stand against SOPA and PIPA and collect [7 million!] signatures on a petition against the bill effectively taking it down. So what does this have to do with online video?
My expertise and interest is in web based television. I try to always consider what Rob Barnett of MyDamnChannel calls “the last rebel group of television producers” how long they will remain independent. Barnett left the mega-corporation Viacom to start his own independent web television channel in 2007. While he left the corporate world for several reasons, he mainly left because of the amount of process was involved in getting content from the creator to the audience. By cutting out the middlemen, a content creator could simply upload their content to the web and gain attention (with far less of an audience, but at least the audience was authentic). At that time, web based television was in its infancy with only several web series online including We Need Girlfriends, Chad Vader and The Guild, all of which used copyrighted content in their series. The web offered the freedom of the constraint of corporate rules and regulations.
Chad Vader, Episode 1, July 10, 2006. With obvious copyright issues.
Web savvy creators like Next New Networks took advantage of YouTube’s upgrades techniques and made independent, interesting, non-corporate video content. The content was so good that it garnered the attention of YouTube’s owner, Google, who later aquired Next New Networks and created YouTube Next. Google, who does it’s best to “Not be evil” (its unofficial corporate motto), understands the value of niche enterprises – and buys them. In the years since the birth of web television, a lot of online video has moved towards the monetization of content. This has been happening forever on network and cable (The Apprentice is a one-hour informercial) and of course it will happen on the web, it’s inevitable. In fact, even Barnett’s MyDamnChannel is teaming up with the corporations (including his old co-workers at Paramount). It happens.
Jaron Lanier, one of the author of our modern internet and the guy who helped create Virtual Reality had this to say in his Op-Ed in the New York Times Thursday:
The adulation of “free content” inevitably meant that “advertising” would become the biggest business in the open part of the information economy…Once networks are established, it is hard to reduce their power.
One of my students expressed happiness about Google’s acquisition of Next New Networks and saw the move as “a sign of changing winds.” I mostly agree, the fact that a corporation sees user generated content as valuable is valuable to the user. But I also see it as corporatization of independent video. As Lanier pointed out, the web is often a fight between the “good guys” and the “bad guys.” But as we’ve seen in an earlier post here, as digital media is becoming consolidated – who the “bad guy” and who the “good guy” is becoming a blurry spectrum.
In my opinion, online video content’s evolution is going to be on the forefront of the fight against what we see as the good and the bad. Video is valuable. We have to keep our eyes open to the future lawsuits and bills and acts that may hinder (or aid!) its creation and distribution.














