WASHINGTON, D.C. -- An indication of just how urgent (or how out-of-hand, depending on your perspective) the concern has become over file-sharing was President Barack Obama's recent appointment of the first so-called copyright czar in the nation's history.
The new czar -- Victoria Espinel, the U.S. Intellectual Property Enforcement coordinator -- visited the Future of Music Policy Summit on Tuesday and offered a brief summation of what's on her agenda. She represents an administration that is showing troubling signs of skewing toward established corporate interests and 20th Century business models and legal practices at a time when technology has fundamentally changed the way fans consume music and interact with artists.
Earlier this year, the Department of Justice approved a controversial merger between North America's largest concert promoter, Live Nation, and ticketing agency, Ticketmaster, creating a powerhouse with the potential to control every aspect of the music business.
A few months ago, Espinel's office released a 33-point agenda after what she said was a thorough inventory of opinion on both sides of the file-sharing debate. In presenting the Joint Strategic Plan to Combat Intellectual Property Theft, Espinel was joined by Vice President Joe Biden, who gave reporters a great sound bite even as he demonstrated an incredibly unnuanced understanding of how file-sharing works:
"We used to have a problem in this town saying this," Biden said. "But piracy is theft. Clean and simple. It's smash and grab. It ain't no different than smashing a window at Tiffany's and grabbing (merchandise)."
The intellectual-property plan itself was a bit more balanced, and Espinel provided an overview at Future of Music. She said it's her job is "to protect the creativity of our citizens" because "the protection of innovation ... and creativity is essential for economic recovery."
She zeroed in on music as a particular problem area because "95 percent of (music) downloads are illegal," a figure that is commonly linked to a 50 percent decline in music-industry revenue over the last decade.
While embracing the notion of a "free and open Internet," she echoed policymakers in recent years by saying that such freedom can flourish only once "Illegal and infringing activity" has been cut back. She said her office received more than 1,600 public comments in coming up with its 33-point strategy, and suggested that the majority came from those interested in protecting their copyright -- artists, publishers, record companies and other license holders. But fair-use advocates were also heard, helping to create a distinction between infringers and artists who "build upon the work of others."
That's an enlightened view. But her presentation at FMC was focused on violators. She said the government is starting to pressure the private sector, particularly Internet service providers, "to do more to reduce the flow of illegal content," echoing efforts in some European countries to reduce or even cut off Internet access to customers found to be engaging in illegal file sharing. She also said foreign Web sites pushing illegal content and "dangerous" products were being addressed, though it was unclear how, and that American law was under a comprehensive review "to keep pace with technology on the Internet."
It all came off as sufficiently vague enough not to raise any alarms. But the policy in general sounded as if it was framed in such a way not to ruffle the feathers of established license holders, without acknowledging that if the vast majority of downloads are being considered "illegal," a lot of everyday Americans are engaging in "criminal" activity. In a brief question-and-answer session after her speech, I asked Espinel to address this fundamental disconnect between the government's agenda and the way many citizens interact with their computers and cellphones in their daily lives. They're sharing files, after all, which is what these devices were built to do.
"I don't see an inherent conflict," she said. "The majority of consumers don't want to engage in illegal content."
But, wait, didn't you just say that 95 percent of downloaders are doing exactly that? I didn't get a chance to ask that follow-up question, but Espinel did say that the administration would primarily focus its crackdown on "Web sites distributing illegal content for profit" or those that "mimic legal sites by charging a subscription fee or attracting advertisers." All well and good, but that's a small percentage of the "problem" as defined by the music industry. The real issue is with those tens of millions of everyday citizens doing something that the goverment says could cost them their Internet access, or worse.
greg@gregkot.com