In today’s modern world, it’s too often to take the dominance of Western culture and economies as normal. Yet for much of history, it was actually the East that was the pinnacle. While Europe wrestled with Dark Ages and Middle Ages and more, both the Near East and the Far East flourished. So why, with a head start, did China not end up dominating the world instead of the Europeans?
They had a chance, even as late as the 1400′s. Sixty years before Vasco da Gama sailed around the Cape of Good Hope into the Indian Ocean, the Chinese Explorer Zheng He arrived at the Cape of Good Hope from the other direction. His fleet was significantly larger and the Chinese Empire much more powerful. Yet Portugal, later supplanted by other European powers, ended up owning the trade routes. Europe surged economically and culturally and surpassed China so that a few hundred years later, they were carving it up as part of their own empires.
So what happened?
In a word: bureaucracy.
The Chinese bureaucrats, who ran the country regarded the explorations as a waste of money and resources. China already was the Center of the Universe. Why spend any effort on barbarians? To add to the problems, they passed laws that restricted foreign travel and made it a capital crime to build big ocean going ships. The laws therefore made it impossible for any enterprising individuals to engage in exploration or trade outside of the bureaucrats’ control. There was no way an explorer could fund himself (or get another nation to fund him, as the Italian Columbus managed with Spain). The bureaucrats ruled.
Laws and bureaucracy killed the creative, explorative efforts of the Chinese people and eventually led to their destruction as a nation.
Now as much as we all tend to snarl about bureaucracy, it exists for some understandable reasons. Bureaucracies are put in place to manage and govern things on large scales. However, it doesn’t take long for them to do what they are really good at, which is maintain the status quo.
Deficit hawks in the US Government have known this for some time. It’s damn near impossible to kill a program once it’s established. No matter how outdated the agency or department, it can survive because the defenders of the status quo will fight harder and dirtier than those trying to end the program. After all, it’s the defender’s jobs and livelihood at stake. Most of us would fight hard ourselves.
And if we’re honest, most of us like the status quo. Not only is change scary, but chaos is usually downright frightening, if not hazardous. There have been studies that show that corrupt economies can succeed–if the corruption is stable. As long as someone knows what bribes they have to pay who, they can survive and even thrive. People can be creative because they know the rules. It’s when there are no rules that growth and creativity become impossible.
The major advantage of democracy, as practiced in the West with various checks against mob rule, is that it allows small slow change. The status quo is largely preserved without being stifling. Similarly, regulated capitalism allows ‘creative destruction’ where inefficient firms fail and new companies rise up, but chaos is still averted. The marketplace has rules and does not descend into “he with the biggest weapons makes all the rules.”
Which brings us to SOPA. By now, if you’re reading this, you’ve certainly heard about the Stop Online Piracy Act that magically appeared in the US Congress a few months ago and, if passed, would allow the Government to shut down IP addresses if any users of those IP addresses posted pirated content. This would allow them to de facto censor any cite that the bureaucrats chose, anywhere in the world (since the US controls IP assignments). It’s bad law and I strongly suspect it will be defeated in it’s current form (too much publicity), probably to rise up again more quietly in a different form later.
Why will it rise up again? Because SOPA is a perfect example of law and bureaucracy preserving the status quo. In this case, preserving the status quo of the media conglomerates, from music to movies to books.
A prime example of the media conglomerates getting the law changed is the Copyright Term Extension Act. In this law, pushed through with substantial lobbying by the Disney Corporation, the duration of copyright protection was extended by twenty years. The proponents at the time were attempting to get copyrights extended in perpetuity, so that creative works would never enter the public domain.
Spider Robinson addressed this in his Hugo winning story, Melancholy Elephants. His point is simple; a perpetual copyright will stifle creativity.
This isn’t hard to understand. While there are allowances for ‘fair use’ and ‘inspired by’ uses of copyrighted material, those allowances are only as good as one’s lawyers. If Disney decides to go after a writer or film maker that borrowed from them, however distantly and indirectly, do you think that person has a chance against their army of lawyers? Even if they’re right? The legal fees would crush them. The current legal system is designed not to reward those who are right, but those who can outlast the others. Big corporations with deep pockets have a serious edge. The filthy rich executives at Disney cannot afford to let The Mouse enter the public domain in any way, shape, or form, if they want to stay rich doing what they do now.
SOPA is the same gut reaction. Digital piracy undercuts the status quo. The media conglomerates can no longer get away with charging high rates for content, like they could when you had to buy a CD or a book or go to a theater to get their content. They can no longer control when and how consumers get the content–by restricting their film from appearing in foreign countries for example (aside: one acquaintance of mine points out that she’d pay for legal copies of ebooks if she could get them, but she can’t in her country. Amazon et al won’t sell them there. So what choice does she have?)
So SOPA is an attempt to use the law and bureaucracy to preserve the status quo. The eventual SOPA successor will attempt to do the same thing. If they succeed, we’re likely to end up like the 16th century Chinese, with a lack of creative improvement or true innovation (why produce something new if The Mouse lawyers can say a ‘oops, you borrowed from us, give us all the money you made or we’ll sue’?).
Except the true kicker is, the only way to preserve the status quo is to destroy the internet, much like the Chinese destroyed their ocean going fleets, because piracy isn’t the real problem, it’s the shift to a digital economy.
The status quo cannot survive when it costs nothing to make copies of content. The entire structure of the media conglomerates is based on the fact that it does cost something; that’s how they contribute value, or used to contribute value. People paid them for the distribution of the content via records, books, CD’s, and newspapers. That distribution required physical objects (an “atom” economy) that meant there was a cost to making copies and the conglomerates could do it better than individuals could. After all, if you want a book, you can always copy it by hand, but wouldn’t it just be cheaper to buy one at the store?
Apple and Amazon have figured this out. Apple isn’t charging 99 cents for a song. They’re charging 99 cents for the ease of finding the song you want, the knowledge that it’ll be of good quality and virus free, the security that it’s ‘legal’, and the awareness that you’re actually helping the creator of the content. Apple doesn’t spend its own money on the content. It spends it on making it easier to deliver the consumers the content they want. Amazon is as much of a master of this, if not more.
Now I’m not a fan of pirates. As a content creator, it chafes me when someone else makes money off of a story I wrote and I get nothing (and yes, it’s happened). I do consider that stealing. But going after the pirates is like trying to go after slave traders. They’re clever, ruthless, and there’s always more ready to replace the ones you destroy, as long as there’s profit in it.
Which is the key. As long as there’s profit in it.
The way to stop digital piracy is economically. The slave trade didn’t end because slave traders were destroyed. It ended because people stopped buying slaves (via cultural and legal shifts in much of the world and war in the US). Similarly, the mobsters of the twenties weren’t put out of business by law enforcement nearly as much as they were by the end of Prohibition.
iTunes and Amazon are the way to defeat piracy. People will pay for reputable distribution and ease of access. That’s just not the business model the media conglomerates have been following for the past century.
The new business models require creativity in business. They can support creativity in content creation. Laws and bureaucracy can’t. It’s as simple as that. SOPA’s a mistake, as its successor will be, but we can’t expect much else from those who need the stability over the creativity to remain rich.