I wonder sometimes about a phenomenon I have encountered at many client sites: a chief ethics officer. On the heels of highly publicized cases of corporate officer misbehavior, and with regulators in government seeking desperately to find ways to legislate ethics back into the boardroom, many companies have instituted ethics training as part of their standard human resources mission. A few have gone so far as to designate an ethics czar, who, as nearly as I can tell, is the last guy you want to invite to corporate parties and extracurricular events.
On its face, the concept seems ridiculous. Imagine hiring a modern-day Socrates to take your key management out under a tree every lunch hour to debate the nature of the Good? I doubt it would make a company think twice about relocating a polluting plant from a state with tightening environmental policies and restrictions to a state willing to trade its ecosystem for jobs. Clearly, it hasn’t discouraged companies from overlooking the negatives in worker treatment in China in favor of leveraging cheap labor there.
I am inclined to believe that, in most cases, the visibility afforded to ethics is just that — something for show. Rather like my favorite cigarette manufacturer including a URL for a “stop smoking” site in every carton of their product that I buy.
I realize after a recent experience with my eight year old that ethical training begins (and maybe ends) at home. She came into my office while I was making a copy of a DVD onto my hard disk to use with my home theatre system. I have been copying my DVDs to disk to take advantage of a network-based media center that I put in at Christmas and I see no problem with the practice given that I have purchased the physical DVDs that I am copying.
“Is what you are doing legal?” she asked, all wide eyed.
I told her that all I was doing was making a backup copy. I reminded her that her younger brother and sisters had been nabbed a few days earlier taking my movies out of their DVD cases and throwing them on the carpet, where they used them as boogie boards — jumping on them and skating across the room. This put lots of scratches on the media and made a few unplayable. Now, I was making a copy of the disks before they couldn’t be read at all.
She thought about this, then informed me that she always saw international and FBI warnings at the front of her DVDs that stated in no uncertain terms that copying was illegal. I tried to explain that this pertained to folks who were copying with an intention to mass produce and sell copies, while not honoring the rights of the folks who create and distribute the original work. At least, that was my interpretation.
She was satisfied and moved on to other subjects, but it left me wondering. To make my copies of my movies, I must often resort to cloning software and utilities that defeat copy protection or region coding schemes on my disks. It sure feels like theivery, but I know I am in the right.
Then, I drill down into the reality of this issue. Once the technology exists to copy media, the genie is out of the bottle. I have to wonder whether the recording industry will ever be able to stop it.
Sony tried. They shut down a highly profitable disk burner business because it irritated the other side of the house at Sony, which makes video, music and game software. There’s an ethics battle for you: how do you back stringent attempts to prevent piracy, even using root kits, if you are going to sell burners?
They got out of the burner business, making Lite-On an overnight success.
Personally, I think that the movie industry needs to do what the music industry has done with iTunes and the new Napster: leverage the technology. What they have found at iTunes and Napster and a few other pay-per-download services is that folks are willing to pay for good stuff, provided the cost reflects the value they are receiving. Think about it:
Why buy a full CD if only one song is worth listening to? Have you ever felt this way after listening to a new CD by a favorite performer? I know I have. Selective download gives me the option to weed out the crappy tunes and get only the ones that I want. I would pay a few cents per song for that privilege.
Applied to movies, we have another story. My defense of all the folks doing illegal downloads of movies comes down to the quality of the product. I buy certain movies on DVD because I think they are great movies I could watch again and again. More often than not, these are movies I have seen on TV or on long airplane flights, since I don’t go to the cinema very often anymore, so I have already vetted them.
Every once in awhile I will be shown a movie of questionable licensing pedigree (aka bootlegged) by one of my teenagers that they got from a friend of a friend. For the most part, movies today are crap. They should extend the warning scheme from G to X to include special warnings for really dumb plots, terrible acting, low production values, etc. (My lovely wife says that Shannon Tweed, who appears in a raft of movies aired on late night cable, should have her own special warning.) At the end of such a substandard flick, all I can say is, “I’m glad I didn’t shell out even the price of the DVD+R media to record this movie, it sucked so badly.” The good news is that the bootleg let me screen the movie, usually without the same high quality sound and image as a pristine store-bought copy, so I can determine whether I want to buy a copy. Netflix provides another more legitimate method for accomplishing this, but it costs more money.
Bottom line: I find myself a bit at odds with the RIAA and MPAA on the hardline prohibitions they want on disk sharing and copying. Quality, like ethics, should stand for something and maybe the movie makers ought to be willing to tolerate a few copies of their movies being shared in the wild so that the Vox Populi can have a go at them and feed back real information about whether their latest movie is any good. You don’t get this kind of information from sales reports because consumers can’t return a purchased DVD once they have opened it. Thus, sales stats tell you only how many consumers you duped into buying or renting a DVD via hype-based marketing, not whether the movie was any good.
Perhaps the best indicator of quality is how often a movie is requested on an illegal download site, or what kind of seeding ratio it has on bit torrent sites. Movies of any quality — a term broadly used to include idiotic films with hot chicks or guys, and other popular fare — tend to be well seeded. That said, I am confident that good movies will hold their own even in the face of bootlegging. For example, I doubt that the pre-release bit torrent copies of StarWars III made even a tiny dent in LucasFilm’s sales revenues from the completed, digitially-mastered-in-THX rendition of the disk sold legitimately in stores, let alone the massive revenues from theatre tickets, merchandising and everything else that fills the coffers of the 20th Century Fox/LucasFilm organizations. If anything, the bit torrent version helped to build momentum around the movie and to disseminate the view that it was superior to the previous two films in the series and worth seeing and maybe even owning.
So there. I’ve said it. My conscience is clear about copying the disks I own and giving my daughter my simplistic view about backing up my disks when there was so much more to be said.