Alejandra's article on black market bootlegs in the mercados of Juarez raised a lot of contrary opinions. Some readers attacked the morality of pirated creative works. Others defended the expediency. The controversy highlights the dilemma.
A couple of years ago, a guy showed up at my doorstep here in Barrio Heights hawking DVD's. They were, of course, bootlegs, and cost $6 each here on my doorstep, or 3 for $15. I bought War of the Worlds (the Scientologist's version), Sin City, and some other DVD that I can't remember. War of the Worlds was titled in the Cyrillic alphabet and recorded in a theater. It wasn't worth $6 on DVD, and a fair market price for me, in a theater, with English titles and Dolby surround sound, would have cost Cinemark free cokes and popcorn and a nominal cash payout. Sin City, though, was a bargain. Subsequently, I bought the graphic novel, full pop, at Barnes and Noble.
I don't steal. The last thing I stole was a couple of highlighters from a job five years ago. Guilt still haunts me.
And I didn't steal those DVD's. I paid for them, cash.
The unacknowledged gorilla in the apartment is that the business model for creative works, as we've known it, is broken, usurped by advancing technology. Scalable works are now easily reproduced for almost nothing. What's the marginal cost of this newspaper you're reading? Approximately what you paid for it. All you people who are so indignant about Alejandra buying bootleg DVD's ought to voluntarily contribute to NewspaperTree. If you like my columns you ought to kick in a little for me, too, or at least take me out to lunch. Preferably someplace nice and expensive, but I eat Chico's. So maybe just nice.
The MPAA, of course, recognizes the inadequacy of their business model, so they try to persuade us by resorting to moralizing and proselytizing and reminding us befor the movie starts that the poor prop guy's job is on the line. The studio heads' eight or nine figure salaries make them less sympathetic.
The music industry is already adapting to the insufficiency of the system. Radiohead offered set-your-own-price downloads. U2 followed suit. Record companies are taking it in the shorts, but they've been exploiting artists for years. It's hard to justify keeping record producers and A & R guys in silk suits and Maseratis.
The money in the music industry these days lies in live performances. Maybe, when bootleg DVD's are ubiquitous, live theater will make a resurgence. Or maybe movie stars will capitalize on celebrity appearances and endorsements. Like they have already.
Celebrity has replaced talent as the chief determinant of moneymaking ability these days. There are plenty of great bands and songwriters languishing in relative obscurity. Some major talent continues to live on Ramen. Few artists are as critically acclaimed and as financially unrewarded as Alejandro Escovedo. On the other hand, Paris Hilton's singular talent lies in maintaining her celebrity.
Celebrity is fool's gold.
Economists will recognize that when you buy a bootleg you make a capitalistic decision. Based on the actual $2.50 you spend on the bootleg movie, and and the nonexistent expected penalties, you behave just like the model of the economic man. Provided she got two and a half bucks worth of utility out of the DVD.
In a perfect Pareto optimized free market system, price discrimination is a legitimate practice. People should pay what a good or service is worth to them, and not what the producer wants to charge. Every transaction should be negotiated. (Dr. Roth showed me that model 25 years ago. Bet you thought I wasn't paying attention, huh, Dr. Roth?) If the movie theaters weren't oligopolistic exploiters, they'd let everyone pay what the want. What's the marginal cost of letting one more person into the theater? They should pass the tin cup at the end of every movie, or maybe after every reel. Maybe that's what George should do with his Movie on the Mountain.
Maybe we should go to the Honor System, and only leave cigar boxes with money at the checkout stations, so people can make their own change.
Free market capitalism isn't a moral system. In fact, it's the exact opposite. The invisible hand doesn't hold a whip or a Bible. Only carrots. Guilt is the only additional cost you can extract from Alejandra. But I bet she'll get over it watching next month's movie before its theater release.
opinion
Bootleg Capitalism
By Rich Wright
Posted on June 28, 2008
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Wingnut
June 29, 2008
Hi! Rich, it sounds to me like you are starting to see thru the keep-the-rich-rich/serviced servitude-infested felony pyramid scheme called capitalism! Well done! The pyramid scheme symbol is right there on the back of the USA one dollar bill. Do an image search for "pyramid of capitalist" and you can see an EXCELLENT picture of AmWay (American Way), the sham/con. All its creators have died of old age, so there's nobody to linch, but man, did folks buy into it! I suspect it was all the luxuries in the redemption catalog (stores). AmWay (capitalism) got "the exclusive" (legal tender) on the TYPE of coupons (money) accepted in the supply depots(stores). Since the free-marketeers put THEIR pricestickers (rationing gates) on all the survival supplies (and luxuries too), the 18 yr olds... when tossed "out there" into "the great shark tank"... are forced to join the church-o-competing (or die/starve), and thus they must leave behind the church-o-cooperating (Christianity/socialism). Felony pyramid schemes like capitalism, are fairly easy to understand. Just like the servitude-infested pyramids we failed-at as children in the farmyard, the upper 1/3 are "heads in the clouds", while the folks on the bottom ALWAYS GET HURT from the weight of the world's knees in their backs. Toybox tug-o-war pyramids such as 'the free marketeers'... always self-destruct... and would have been "leveled" a lot sooner... had servitude (caused by inequality) been illegal in the USA. Its not, though, and parents condone and promote the servitude-infested immorality festival called capitalism, and its pricetags, timecards, bills, entitles-of-ownership, and classing/rankings (earning, deserving, pulling weight, measuring-up, and all the other cap self-BS). Parental policy is SHARE SHARE SHARE prior to 18 years old, and FIGHT FIGHT FIGHT after 18. (after sharktanked) Quite a policy reversal to happen in a single birthday, eh?
There, I've advanced your march toward fair survival systems, a bit. Scared? Look to military supply/survival systems, and USA public libraries... for socialism and morals done right. Economies need to be abolished.... worldwide. Economies just cause rat-racing, which leads to felony pyramiding. Railroadings, bandwagonings, movements... all a phenomenon called "conduction"... based-upon "ducting" or in-lining. (conned into hoop-jumping for trinkets dangled from skyskrapers). Heavy, eh? "Everyone is doing it"=normal, so normal=ok, so ok=good, so good=right (chain of substantiation and justification) (chain of self-BSing). Co-condoning 101. Bandwagoning = playing a mobile (movement) noisemaking (hoopla) device SO OVERWELMING "yay America" loudly, that folks fall in behind it and parade/march... to a certain beat. They get "con-DUCT-ed"... or to shorten it, they get CONNED... and march right off a cliff of illegal and immoral activity... via riding the hayride of a maniacal tractor driver called "hope of becoming set-for-life". SUPER-heavy, eh?
Larry "Wingnut" Wendlandt
MaStars - Mothers Against Stuff That Ain't Right
(anti-capitalism-ists)
Bessemer MI USA
Will
June 29, 2008
Reasonable thought, except for the crux of the argument: pirated DVDs are still just that: stolen intellectual property. The free market theories you cite usually disregard black markets, or so-called 'underground economies' (which have always existed) and are usually meant to explain and dissect legitimate trade.
In strict economic terms, I could save thousands of dollars by buying YOUR stolen car off of someone. Is it right? No. Moral or not, it shouldn't be reflected using a free market model. Pirated DVDs are just the same as counterfeit medications and software; the economic loss experienced by the respective industry is very real and very significant. Bloated corporate models are irrelevant to the argument.
It really says something about our culture these days about the lack of personal responsibility that is developing. Individually, we're never the bad guys. It's always the ambiguous 'them'. Feel like you need to justify buying stolen goods? Its the greedy Hollywood guys' faults, not yours. Just watched a documentary about global warming? Its corporate America's fault, because they feed people their hyper-consumerist culture and make you buy that gas guzzler to commute to work. Seldom do we admit that market change is an adaptation to the consumer, us. SUVs never would have taken off if we didn't buy them so readily, and bootleg DVDs and software would never have become so widespread if we didn't at some time make the conscious decision to buy them, knowing full well the circumstances of their creation.
Yes, its a silly offense; buying bootleg DVDs is no grave crime and its fairly common. But we really need to drop the whole 'big bad corporate culture' spiel. Instead of passing the blame onto larger institutions and industries, let's remember that the bootleg DVD market flourished because of our own social acceptance of it.
And more important than everything above: bootleg DVDs suck, and I'd rather pay my eight bucks and watch a movie in all its glory than watch a grainy shaking image with the tops of peoples head occasionally poking through the bottom of the frame. Maybe thats the film purist in me.
The Border Yankee
June 29, 2008
let me know where you leave your cigar box Rich.
I'll honor it.
Juan Arturo Muro
June 29, 2008
Good argument and fun to read but the core of the matter is still that the creator or originator does not get all the deserved credit (or in this case, money or royalties).
It'd be good to find out how our favorite artists get paid and if we really like them, buy in a way that favors them and not the middle-man sellers.
More artists, writers, and musicians should follow Ani D'Franco's example and start their own record label, publishing house, or gallery to reap in all that's coming to them.
But as participants of this free-enterprise economy, we do have the choice to either buy and enjoy without regards to the creative force that produced the item or actively become a supporter and ensure that each cent goes where it belongs. I cite the following example:
When I first heard ZZ Top's "La Grange" song on the radio, it was already 10 years old but I bought the CD and found out that they admired and supported older blues music artists through their work with a blues museum in Clarksdale, Mississippi (a special place where a lot of the blues began, near the famous "Crossroads" sign where supposedly Robert Johnson sold his soul to the devil in exchange for brilliant guitar playing, and the birthplace of blues giant, foot-tapping, soul-stirring, primitive style-playing John Lee Hooker.)
Anyways, "La Grange" imitates Hooker's voice in the beginning part and transforms into a modern, pulsing hard-rock beauty of a song.
Since 1992, the year I discovered that song, I've bought nearly 100 Blues CDs (but heard about 1,000), purchased 5 books (but read hundreds on the subject), practiced on an old Dreadnaught guitar (which I still have and use as a hobby--and no, I'm not that good to play "live"), and completed a trip to the Clarksdale Blues Museum to absorb its essence. I supported Blues acts anywhere I can find them.
I am happy I spent what I did. It did something for me and I did something for the genre, and when I attended a live gig, I paid the artist directly.
In conclusion, we should praise the originators directly, if possible; If not, using the middle-man is the next best thing, but definitely, I know they won't receive anything with pirated goods.
Juan Arturo Muro
June 29, 2008
Oh, I forgot. I'd love to buy you a beer. Keep up the good work!
william
June 30, 2008
pirated dvds seems to me if you can buy them bootleg for 5 bucks and the stores want 20, someone needs to explain the other 15 dollars. A pirated copy someone still makes money only not as much as the 20 dollar guy. I would think the "industry" could have a way of making less expensive dvds, and still turn a good profit but this is America after all, gas companies make billions of dollars by gouging the consumers so why should hollywood be any different.
albert r
June 30, 2008
Hey Rich, I often buy used DVDs at any of several places that sell them like Ameoba Records in CA, or the local used bookstore that has a DVD shelf, or even at a Saturday morning yard sale. I can get a DVD like Scarface (Al Pacino) for 5 bucks or less usually.
What occurs to me is that the original owner might have bought it for the 14.99 retail price, viewed it for a while, tired of it then plopped it on the yard sale table one weekend. I got it for five, she got at least five dollars back from it, if she even was the original owner. Maybe she originally got it used for $6 and sold it for $5 in which case she got all but $1 back. This would be cheaper for her than a pirated DVD.
So my copy of Scarface might have had as many as 3 maybe more owners with only one full retail price ever having been paid to the holders of the "intellectural property" rights, and nothing was ever stolen because in each case it was a simple and direct free market exchange of property. Who knows how many owners it could have after me. This isn't pirating but the end result is nearly the same.
God knows I would never pay full retail price for any recorded material. I say everyone should just recirculate all of their "scalable" media as you put it, for ever and ever once its out there. Really, an artist will always get his/'her recognition contrary to what another of your responders said. It is the corporate machinery that makes everyone subject to this celebrity worship on which the record and movie industry is based. Film and recordings were the mass marketer's miracle dream-come-true.