Bouncing horses

I have , over recent months, built up a rule concerning posts about YouTube videos, partly on the grounds that it’s bloody hard to make a full post out of them but also because there are most certainly a hell of a lot of good ones out there that I haven’t heard of, so any discussion of them is sure to be incomplete and biased, which I try to avoid wherever possible. Normally, this blog also rarely delves into what might be even vaguely dubbed ‘current affairs’, but since it regularly does discuss the weird and wonderful world of the internet and its occasional forays into the real world I thought that I might make an exception; today, I’m going to be talking about Gangnam Style.

Now officially the most liked video in the long and multi-faceted history of YouTube (taking over from the previous record holder and a personal favourite, LMFAO’s Party Rock Anthem), this music video by Korean rapper & pop star PSY was released over two and a half months ago, and for the majority of that time it lay in some obscure and foreign corner of the internet. Then, in that strange way that random videos, memes and general random bits and pieces are wont to do online, it suddenly shot to prominence thanks to the web collectively pissing itself over the sight of a chubby Korean bloke in sunglasses doing ‘the horse riding dance’. Quite how this was even discovered by some casual YouTube-surfer is something of a mystery to me given that said dance doesn’t even start for a good minute and a half or so, but the fact remains that it was, and that it is now absolutely bloody everywhere. Only the other day it became the first ever Korean single to reach no.1 in the UK charts, despite not having been translated from its original language, and has even prompted a dance off between rival Thai gangs prior to a gunfight. Seriously.

Not that it has met with universal appeal though. I’m honestly surprised that more critics didn’t get up in their artistic arms at the sheer ridiculousness of it, and the apparent lack of reason for it to enjoy the degree of success that it has (although quite a few probably got that out of their system after Call Me Maybe), but several did nonetheless. Some have called it ‘generic’ in music terms, others have found its general ridiculousness more tiresome and annoying than fun, and one Australian journalist commented that the song “makes you wonder if you have accidentally taken someone else’s medication”. That such criticism has been fairly limited can be partly attributed to the fact that the song itself is actually intended to be a parody anyway. Gangnam is a classy, fashionable district of the South Korean capital Seoul (PSY has likened it to Beverly Hills in California), and gangnam style is a Korean phrase referring to the kind of lavish & upmarket (if slightly pretentious) lifestyle of those who live there; or, more specifically, the kind of posers & hipsters who claim to affect ‘the Gangnam Style’. The song’s self-parody comes from the contrast between PSY’s lyrics, written from the first-person perspective of such a poser, and his deliberately ridiculous dress and dance style.

Such an act of deliberate self-parody has certainly helped to win plaudits from serious music critics, who have found themselves to be surprisingly good-humoured once told that the ridiculousness is deliberate and therefore actually funny- however, it’s almost certainly not the reason for the video’s over 300 million YouTube views, most of which surely go to people who’ve never heard of Gangnam, and certainly have no idea of the people PSY is mocking. In fact, there have been several different theories proposed as to why its popularity has soared quite so violently.

Most point to PSY’s very internet-friendly position on his video’s copyright. The Guardian claim that PSY has in fact waived his copyright to the video, but what is certain is that he has neglected to take any legal action on the dozens of parodies and alternate versions of his video, allowing others to spread the word in their own, unique ways and giving it enormous potential to spread, and spread far. These parodies have been many and varied in content, author and style, ranging from the North Korean government’s version aimed at satirising the South Korean president Park Guen-hye (breaking their own world record for most ridiculous entry into a political pissing contest, especially given that it mocks her supposed devotion to an autocratic system of government, and one moreover that ended over 30 years ago), to the apparently borderline racist “Jewish Style” (neither of which I have watched, so cannot comment on). One parody has even sparked a quite significant legal case, with 14 California lifeguards being fired for filming, dancing in, or even appearing in the background of, their parody video “Lifeguard Style” and investigation has since been launched by the City Council in response to the thousands of complaints and suggestions, one even by PSY himself, that the local government were taking themselves somewhat too seriously.

However, by far the most plausible reason for he mammoth success of the video is also the simplest; that people simply find it funny as hell. Yes, it helps a lot that such a joke was entirely intended (let’s be honest, he probably couldn’t have come up with quite such inspired lunacy by accident), and yes it helps how easily it has been able to spread, but to be honest the internet is almost always able to overcome such petty restrictions when it finds something it likes. Sometimes, giggling ridiculousness is just plain funny, and sometimes I can’t come up with a proper conclusion to these posts.

P.S. I forgot to mention it at the time, but last post was my 100th ever published on this little bloggy corner of the internet. Weird to think it’s been going for over 9 months already. And to anyone who’s ever stumbled across it, thank you; for making me feel a little less alone.

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Copyright Quirks

This post is set to follow on from my earlier one on the subject of copyright law and its origins. However, just understanding the existence of copyright law does not necessarily premeditate the understanding of the various complications, quirks and intricacies that get people quite so angry about it- so today I want to explore a few of these features that get people so annoyed, and explain why and how they came to be.

For starters, it is not in the public interest for material to stay forever copyrighted, for the simple reason that stuff is always more valuable if freely in the public domain as it is more accessible for the majority. If we consider a technological innovation or invention, restricting its production solely to the inventor leaves them free to charge pretty much what they like, since they have no competition to compete with. Not only does this give them an undesirable monopoly, it also restricts that invention from being best used on a large scale, particularly if it is something like a drug or medicine. Therefore, whilst a copyright obviously has to exist in order to stimulate the creation of new stuff, allowing it to last forever is just asking for trouble, which is why copyrights generally have expiry times. The length of a copyright’s life varies depending on a product- for authors it generally lasts for their lifetime plus a period of around 70 years or so to allow their family to profit from it (expired copyright is the reason that old books can be bought for next to nothing in digital form these days, as they cost nothing to produce). For physical products and, strangely, music, the grace period is generally both fixed and shorter (and dependent on the country concerned), and for drugs and pharmaceuticals it is just ten years (drugs companies are corrupt and profit-obsessed enough without giving them too long to rake in the cash).

Then, we encounter the fact that a copyright also represents a valuable commodity, and thus something that can potentially be put up for sale. You might think that allowing this sort of thing to go on is wrong and is only going to cause problems, but it is often necessary. Consider somebody who owns the rights to a book, and wants someone to make a film out of it, partly because they may be up for a cut of the profits and will gain money from the sale of their rights, but also because it represents a massive advertisement for their product. They, therefore, want to be able to sell part of the whole ‘right to publish’ idea to a film studio who can do the job for them, and any law prohibiting this is just pissing everybody off and preventing a good film from potentially being made. The same thing could apply to a struggling company who owns some valuable copyright to a product; the ability to sell it not only offers them the opportunity to make a bit of money to cover their losses, but also means that the product is more likely to stay on the free market and continue being produced by whoever bought the rights. It is for this reason legal for copyright to be traded between various different people or groups to varying degrees, although the law does allow the original owner to cancel any permanent trade after 35 years if they want to do something with the property.

And what about the issue of who is responsible for a work at all?  One might say that it is simply the work of the author/inventor concerned, but things are often not that simple. For one thing, innovations are often the result of work by a team of people and to restrict the copyright to any one of them would surely be unfair. For another, what if, say, the discovery of a new medical treatment came about because the scientist responsible was paid to do so, and given all the necessary equipment and personnel, by a company. Without corporate support, the discovery could never have been made, so surely that company is just as much legally entitled to the copyright as the individual responsible? This is legally known as ‘work made for hire’, and the copyright in this scenario is the property of the company rather than the individual, lasting for a fixed period (70 years in the US) since the company involved is unlikely to ‘die’ in quite the same predictable lifespan of a human being, and is unlikely to have any relatives for the copyright to benefit afterwards. It is for this reason also that companies, rather than just people, are allowed to hold copyright.

All of these quirks of law are undoubtedly necessary to try and be at least relatively fair to all concerned, but they are responsible for most of the arguments currently put about pertaining to ‘why copyright law is %&*$ed up’. The correct length of a copyright for various different stuff is always up for debate, whether it be musicians who want them to get longer (Paul McCartney made some complaints about this a few years ago), critics who want corporate ones to get shorter, or morons who want to get rid of them altogether (they generally mean well, but anarchistic principles today don’t either a) work very well or b) attract support likely to get them taken seriously). The sale of copyright angers a lot of people, particularly film critics- sales of the film rights for stuff like comic book characters generally include a clause requiring the studio to give it back if they don’t do anything with it for a few years. This has resulted in a lot of very badly-made films over the years which continue to be published solely because the relevant studio don’t want to give back for free a valuable commodity that still might have a few thousand dollars to be squeezed out of it (basically, blame copyright law for the new Spiderman film). The fact that both corporations and individuals can both have a right to the ownership of a product (and even the idea that a company can claim responsibility for the creation of something) has resulted in countless massive lawsuits over the years, almost invariably won by the biggest publishing company, and has created an image of game developers/musicians/artists being downtrodden by big business that is often used as justification by internet pirates. Not that the image is inaccurate or anything, but very few companies appear to realise that this is why there is such an undercurrent of sympathy for piracy on the internet and why their attempts to attack it through law have met with quite such a vitriolic response (as well as being poorly-worded and not thought out properly).

So… yeah, that’s pretty much copyright, or at least why it exists and people get annoyed about it. There are a lot of features concerning copyright law that people don’t like, and I’d be the last to say that it couldn’t do with a bit of bringing up to date- but it’s all there for a reason and it’s not just there because suit-clad stereotypes are lighting hundred dollar cigars off the arse of the rest of us. So please, when arguing about it, don’t suggest anything should just go without thinking of why it’s there in the first place.

A Brief History of Copyright

Yeah, sorry to be returning to this topic yet again, I am perfectly aware that I am probably going to be repeating an awful lot of stuff that either a) I’ve said already or b) you already know. Nonetheless, having spent a frustrating amount of time in recent weeks getting very annoyed at clever people saying stupid things, I feel the need to inform the world if only to satisfy my own simmering anger at something really not worth getting angry about. So:

Over the past year or so, the rise of a whole host of FLLAs (Four Letter Legal Acronyms) from SOPA to ACTA has, as I have previously documented, sent the internet and the world at large in to paroxysms of mayhem at the very idea that Google might break and/or they would have to pay to watch the latest Marvel film. Naturally, they also provoked a lot of debate, ranging in intelligence from intellectual to average denizen of the web, on the subject of copyright and copyright law. I personally think that the best way to understand anything is to try and understand exactly why and how stuff came to exist in the first place, so today I present a historical analysis of copyright law and how it came into being.

Let us travel back in time, back to our stereotypical club-wielding tribe of stone age human. Back then, the leader not only controlled and lead the tribe, but ensured that every facet of it worked to increase his and everyone else’s chance of survival, and chance of ensuring that the next meal would be coming along. In short, what was good for the tribe was good for the people in it. If anyone came up with a new idea or technological innovation, such as a shield for example, this design would also be appropriated and used for the good of the tribe. You worked for the tribe, and in return the tribe gave you protection, help gathering food and such and, through your collective efforts, you stayed alive. Everybody wins.

However, over time the tribes began to get bigger. One tribe would conquer their neighbours, gaining more power and thus enabling them to take on bigger, larger, more powerful tribes and absorb them too. Gradually, territories, nations and empires form, and what was once a small group in which everyone knew everyone else became a far larger organisation. The problem as things get bigger is that what’s good for a country starts to not necessarily become as good for the individual. As a tribe gets larger, the individual becomes more independent of the motions of his leader, to the point at which the knowledge that you have helped the security of your tribe does not bear a direct connection to the availability of your next meal- especially if the tribe adopts a capitalist model of ‘get yer own food’ (as opposed to a more communist one of ‘hunters pool your resources and share between everyone’ as is common in a very small-scale situation when it is easy to organise). In this scenario, sharing an innovation for ‘the good of the tribe’ has far less of a tangible benefit for the individual.

Historically, this rarely proved to be much of a problem- the only people with the time and resources to invest in discovering or producing something new were the church, who generally shared between themselves knowledge that would have been useless to the illiterate majority anyway, and those working for the monarchy or nobility, who were the bosses anyway. However, with the invention of the printing press around the start of the 16th century, this all changed. Public literacy was on the up and the press now meant that anyone (well, anyone rich enough to afford the printers’ fees)  could publish books and information on a grand scale. Whilst previously the copying of a book required many man-hours of labour from a skilled scribe, who were rare, expensive and carefully controlled, now the process was quick, easy and available. The impact of the printing press was made all the greater by the social change of the few hundred years between the Renaissance and today, as the establishment of a less feudal and more merit-based social system, with proper professions springing up as opposed to general peasantry, meaning that more people had the money to afford such publishing, preventing the use of the press being restricted solely to the nobility.

What all this meant was that more and more normal (at least, relatively normal) people could begin contributing ideas to society- but they weren’t about to give them up to their ruler ‘for the good of the tribe’. They wanted payment, compensation for their work, a financial acknowledgement of the hours they’d put in to try and make the world a better place and an encouragement for others to follow in their footsteps. So they sold their work, as was their due. However, selling a book, which basically only contains information, is not like selling something physical, like food. All the value is contained in the words, not the paper, meaning that somebody else with access to a printing press could also make money from the work you put in by running of copies of your book on their machine, meaning they were profiting from your work. This can significantly cut or even (if the other salesman is rich and can afford to undercut your prices) nullify any profits you stand to make from the publication of your work, discouraging you from putting the work in in the first place.

Now, even the most draconian of governments can recognise that your citizens producing material that could not only benefit your nation’s happiness but also potentially have great material use is a valuable potential resource, and that they should be doing what they can to promote the production of that material, if only to save having to put in the large investment of time and resources themselves. So, it makes sense to encourage the production of this material, by ensuring that people have a financial incentive to do it. This must involve protecting them from touts attempting to copy their work, and hence we arrive at the principle of copyright: that a person responsible for the creation of a work of art, literature, film or music, or who is responsible for some form of technological innovation, should have legal control over the release & sale of that work for at least a set period of time. And here, as I will explain next time, things start to get complicated…

Web vs. Money

Twice now, this blog has strayed onto the subject of legal bills attempting to in some way regulate the internet, based on the idea that it violates certain copyright restrictions, and everything suggests that SOPA, PIPA and ACTA will not be the last of such attempts (unless ACTA is so successful that it not only gets ratified, but also renders the internet functionally brain-dead). However, a while ago I caught myself wondering exactly why the internet gets targeted with these bills at all. There are two angles to take with regards to this problem; why there is any cause for the internet to be targeted with these bills, and why this particular problem has bills dedicated to it, rather than simply being left alone.

To begin with the second one of these- why the web? Copyright violation most definitely existed before the internet’s invention, and many a pirate business even nowadays may be run without even venturing online. All that’s required is a copy of whatever you’re pirating, some cheap software, and a lot of blank discs (or USB’s or hard drives or whatever). However, such operations tended to be necessarily small-scale in order to avoid detection, and because the market really isn’t large enough to sustain a larger-scale operation. It’s rather off-putting actually acquiring pirated stuff in real life, as it feels slightly wrong- on the web, however, it’s far easier and more relaxed. Thus, rather than a small, fairly meaningless operation, on the internet (which is, remember a throbbing network with literally billions of users) piracy is huge- exactly how big is hard to tell, but it’s a fairly safe bet that it’s bigger than a few blokes flogging ripped off DVD’s out of the boot of a car. This therefore presents a far more significant loss of potential earnings than the more traditional market, and is subsequently a bigger issue.

However, perhaps more important than the scale of the operation is that it’s actually a fairly easy one to target. Modern police will struggle to catch massive-scale drugs lords or crime barons, because the real world is one in which it’s very easy to hide, sneak, bury information and bribe. It can be impossible to find the spider at the centre of the web, and even if he can be found, harder still to pin anything on him. Online however is a different story- sites violating the law are easy to find for anyone with a web connection, and their IP address is basically put on display as a massive ‘LOOK HERE’ notice, making potential criminals easy to find and locate. The web is a collective entity, the virtual equivalent of a large and fairly open ghetto- it’s very easy to collectively target and wrap up the whole shabang. Put simply, dealing with the internet, if a bill were to get through, would be very, very easy

But… why the cause for dispute in the first place? It’s an interesting quandary, because the web doesn’t consider what it’s doing to be wrong anyway. This is partly because much of what a corporation might consider piracy online isn’t technically illegal- as long as nothing gets downloaded or made a hard copy of, streaming a video isn’t against the law. It’s the virtual equivalent of inviting your mates round to watch a film (although technically, since a lot of commercial DVD’s are ‘NOT FOR PUBLIC PERFORMANCE’, this is strictly speaking illegal too- not so online as there is no way to prove it’s not from a public performance copy). Downloading copyrighted content is illegal and is punishable by existing law, but this currently often goes unregulated because the problem is so widespread and the punishment for the crimes so small that it is simply too much bother for effective regulation. The only reason Napster got hit so hard when it was offering free downloads is because it was shifting stuff by the millions, and because it was the only one out there. One of the great benefits that bills like SOPA offered to big corporations was a quick, easy solution to crack down on copyright violators, and which didn’t entail lengthy, costly and inconvenient court proceedings.

However, downloading is a far smaller ‘problem’ than people streaming stuff from Megavideo and YouTube, which happens on a gigantic scale- think how many views the last music video you saw on YouTube had. This is what corporations are attempting to stop- the mass distribution of their content via free sharing of it online, which to them represents a potentially huge loss in income. To what extent it does cost them money, and to what extent it actually gets them more publicity is somewhat up for debate, but in the minds of corporations its enough of a problem to try and force through SOPA and PIPA.

This, really is the nub of the matter- the web and the world of business have a different definition of what constitutes violation of copyrighted content. To the internet, all the streaming and similar is simply sharing, and this is a reflection of the internet’s overarching philosophy- that everything should be free and open to everyone, without corporate influence (a principle which is astoundingly not adhered to when one thinks of the level of control exerted by Facebook and Google, but that’s another story in itself). To a corporation however, streaming on the huge scale of the web is stealing- simple as that. And it is this difference of opinion that has led to such controversy surrounding web-controlling bills.

If the next bill proposed to combat online piracy were simply one that increased the powers corporations could take the prevent illegal downloading of copyrighted content, I don’t think anyone could really complain- it’s already definitely illegal, those doing it know that they really shouldn’t and if anyone wants to grumble then they can probably stream it anyway. The contentious part of all the bills thus far have been those which attempt to restrict the streaming and sharing of such content online- and this is one battle that is not going to go away. At the moment, the law is on the side of the web. Whether that will stay the case remains to be seen…

I love bandwagons…

I originally planned to devote this post to something lighthearted and utterly irrelevant, but today is the wrong day for that. Today, anything written online that is not about SOPA and PIPA is only so much pissing in the wind.
For those of you who don’t know what SOPA or PIPA are- *CLAP* *CLAP* *CLAP* WAKE UP AND LOOK AROUND THE WEB A BIT MORE! They are two bills proposed by the US government that set out, basically, to attempt to restrict and regulate the internet. SOPA stands for the Stop Online Piracy Act, and PIPA for the Protect IP Act. These, broadly speaking, classify websites into ‘foreign’ and ‘domestic’ (relative to the US) , and then grants the government, via the attorney-general, the power to censor any site that is found guilty of violating or, more importantly, facilitating the violation of, copyright restrictions as per US law. The idea is to prevent online piracy, such as the streaming of  films that are under copyright.
In theory, nice idea. In practice- an appallingly worded document that, if implemented, has the potential to turn the internet insipid.
Problem One- the level of censorship. When the power is given to censor a website, this MEANS censor. This means search engines have a duty to scrub it,  its financers can no longer back it, domain hosters have to give it up, everything. Seems like a good idea to restrict piracy, but in fact it won’t work. The US government is in fact funding projects enabling people living in repressive political regimes to circumvent these blocks, and by just typing in the IP address of what you’re looking for you will still get to it. What it actually does is make it nigh-on impossible for any site found guilty of violating the act to publicize themselves, which neatly leads me on to…
Problem Two- what is considered a crime is far too vague. “Facilitating the activities [of copyright infringement or counterfeit products ]” can apply to a huge range of subjects, even as simply as telling somebody how something is done. This basically means any site relying on user-generated content can be targeted and the law can be very easily abused by any legal smartarse. This could lead to hundreds of sites becoming censored for activities almost totally unrelated to copyright infringement- the proposal itself even says it is not just targeting sites “dedicated to theft”. The most potentially destructive thing about this however, is…
Problem 3- a person can be targeted simply for sharing a link to a site. This massively restricts the potential for small websites to grow- how would webcomics ever spread if the internet couldn’t share them, for example? The process of sharing things, telling your friends, spreading the word, is how any business or trend grows, and is a wonderful thing. It happens in all walks of life, so why should it be banned on the internet? Why are you not entitled to the same rights to do this online as in the real world? Why is there…
Problem 4- the bill restricts your right to free speech online. Because of the level of censorship allowed by the bill, once a site has been blocked, all future AND PAST references to it will be blacked out entirely- this will not just mean you can’t click on a link in an old blog post, it will mean you won’t even be able to read that blog post. One of the great things about the internet is its potential as a tool for discussion, allowing people who may never meet to talk about what they want, whenever they want- introducing these restrictions could kill that off to a surprising extent. Plus, of course, the right to free speech is a fundamental human right, included in the UN declaration of human rights as something that shouldn’t be inhibited. This is not as serious as the political restrictions imposed in some countries, but because of the potential for abuse of the law it could give the US government the power to silence anyone talking about something they deem as wrong- one could argue a discussion advocating a socialist state, a perfectly valid view to hold, could be banned for advocating state ownership rather than personal ownership and so violating copyright law- a ridiculous argument, but one that could be applied, especially knowing the US’s traditional stance on left-wing politics. Similarly targeted could be anyone making spoof videos or making references to popular culture, leading to…
Problem 5- this bill could render hundreds of the internet’s favourite sites insipid. YouTube, Facebook, Reddit and more could all just become mires of indifference who can’t say anything that would offend the government for fear of being blocked. Thousands upon thousands of pages could become replaced with big banners stating that they have been blocked by the government, ruining the internet’s brilliant potential as a tool for sharing information across the world. And speaking of across the world…
Problem 6- these bills can block almost ANY major site, regardless of origin. The bill has tried to restrict itself to only policing the US by defining sites as ‘foreign’ or domestic’, but the definition of these two categories is so broad, vague and draconian that any site of any size , which will almost certainly have US connections, could be attacked under this law, while all-american sites are just plain old screwed over. This, plus the universal nature of the web, means the US will be enforcing its laws ON OTHER COUNTRIES AS WELL AS ITSELF, which is a violation of democracy if ever I saw one- much of the UN is opposed to these bills for that reason.
In short, therefore SOPA and PIPA are draconian, wrong and should be fought tooth and nail by every internet-lover the world over. As you may have picked up from earlier, I’m British, so you might not think that this really affects me- but much of the content I love on the web is American, and I want to protect it. Across the web today, thousands of sites are blacking out or making protests against the repression of the internet, and there are many links to online petitions or email addresses of senators to try and get this bill opposed. Please, if you’re reading this, do your bit for the web. Oppose SOPA and PIPA. Free the internet.