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Packaging girlhood : rescuing our daughters from marketers' schemes / Sharon Lamb and Lyn Mikel Brown.

Lamb, Sharon. . Packaging girlhood : rescuing our daughters from marketers' schemes / Sharon Lamb and Lyn Mikel Brown. 1st ed. 0312352506 series New York : St. Martin's Press, 2006.
Call#: Van Pelt Library HD9970.5.C483 U655 2006

The Question of ROMs by Chuck Cochems

This article, by Chuck Cochems, is an interesting look into the mind of a video game consumer. This particular consumer is annoyed at video game companies (“corporate fat cats”) for their unending bashing of video game emulation. He feels that they are simply out to make as much profit as possible, and do not really care about what is right or legal. However, what starts as just a long rant against the industry morphs into the author’s attempt to find a legitimate, legal defense for video game ROMs. After discarding all of the traditional defenses, he turns to the Betamax case, and focuses on what he refers to as “the personal use defense.” Through his reading of the decision, the author comes to the conclusion that ROMs made for personal use could not be infringing. He also applies this personal use logic to the DMCA, claiming that since a personal use could not possibly be commercial, the DMCA does not apply to copies made by consumers (he also notes catch-22 inherent in the DMCA, that nobody can legally provide the equipment to make a legal backup copy of a video game). So, there does exist a legal means for a consumer to make backup ROMs of a video game.

While the author makes some valid points, a lot of his logic seems to fall flat. The Betamax case cannot be applied to space-shifting quite as easily as Cochems might think, even if it only applies to personal use. And not every personal use is non-infringing; it is clearly possible to infringe on someone’s copyright without selling or trading the infringement. Also, he simply waves the DMCA away with a wand and the magical words “personal use.” This is an unlikely scenario at best, and downright wrong at worst. However, the true power of this article is to demonstrate how important this issue is for a significant segment of consumers. It is clear while reading this article that Cochems cares passionately about video game emulation, if only on an ethical level. He is “sick and tired” of the attempts by the video game industry to stamp out emulation, and he is looking for any legitimate argument to ensure the legality of video game ROMs. The video game industry wants to avoid creating a consumer base that predominantly resembles Cochems. Otherwise, they could find themselves in the same position as the RIAA.

Hating Hilary; Wired Magazine: Issue 11.02

This article from Wired magazine is primarily an interview of Hilary Rosen, at the time head of the RIAA and an important Washington lobbyist. However, it also showcases the tremendous consumer backlash against her and the RIAA following the Napster case. The article opens with Rosen at a debate concerning music file sharing at Oxford University, in which she is repeatedly attacked by a crowd of students. It moves to describe how she became a powerful music lobbyist, and how she handled percieved threats to the music industry. She notes that she tried to explain to the music executives how important the digital frontier was, and that ignoring it could lead to disastrous consequences. Explaining that the executives actually consider her to be too soft on these issues (apparently these execs still want to put teenagers in jail), she describes how she encouraged companies to embrace the internet and start their own online music distribution systems.

This article's description of a lobbyist is interesting, but much more fascinating is the vitriol of music consumers. They see Rosen as "the Unabomber in a pantsuit" and "the Antichrist" (the debate at the beginning devolves into simple attacks agains the industry and Rosen). All because she tried to prevent the illegal distribution of music online. The article notes that "To some extent, at least, the record companies have themselves to blame," and it's correct. The RIAA, by going after file sharing so forcefully and determinedly, created this huge backlash by its own consumer base.

What does this have to do with video game emulation? Everything. If the ESA goes after emulation in the same way as the RIAA did file sharing, it is very easy to imagine a world in which the ESA commands just as much hate as the RIAA does. So far, it seems that no video game company has really created this much ill will amongst consumers, but if the industry doesn't step carefully that could change. Think of this article as a warning. If modern video game consumers have gotten used to emulation and downloading ROMs, a significant attack by the ESA could result in a tremendous backlash.

Fashion Copyright, "Corruption," and the Unheard Consumer

Sprigman, Christopher. "Fashion Copyright, 'Corruption,' and the Unheard Consumer." Public Knowledge Blog. http://www.publicknowledge.org/node/1404. February 20, 2008.

This blog provides some very useful insight into how the fashion industry works and the corruption plauging the industry. The fashion industry's success can be attributed to the cyclical nature of consumption. Basically, copying helps to set trends, trends lead to consumption, more copying destroys that same trend due to overexposure, and the industry moves on to new trends. Therefore, copying does not harm the process; it is the process that creates profits in fashion. Why then would anyone want to destroy the process that generates money? Sprigman answers this question by accusing the Council for Fashion Designers of America of corruption and selfishness. The CFDA is the group that is promoting copyright laws for fashion design. However, the CFDA only represents a small fraction of the industry, the elite designers. The needs of the thousands of non-elite designers, manufacturers, retailers, distributors, and consumers are completely overlooked by the CFDA. These elite designers, who sell clothes for ridiculous prices, are the only ones who can afford to compete and prosper in a revised industry where every design is subject to infrigement suits. This is because these elite groups are the only ones who can afford lawyers. Just to increase profit a little for the small group of elite designers, the CFDA is going to raise prices and reduce consumer choices in an industry that has been incredibly successful for a very long time. These laws hurt consumers. However, consumer needs are ignored because of corrupt politics. These elite corporations can afford to pay Congressmen to sponsor the passing of bills they support. Therefore, intellectual property laws are badly warped due to elite desires and political corruption.

Although blogs are not necessarily the most reliable sources, the author of this blog is Chris Sprigman, the author of the Piracy Paradox. This blog is so interesting because it provides a completely different take on the fashion copyright war: a political angle. Rather than having an equal amount of people of either side of the debate, Sprigman argues that only a very few elite designers actually support these laws. The other supporters, such as those in Congress, are just a result of corruption. The argument here is the decision made regarding this issue should benefit the majority or the "public good." Since the CFDA is a small fraction of the fashion industry, passing these laws would harm the majority simply because this elite group is able to buy support. Therefore, this article is structured around attacking the CFDA and Congress and their reasons for supporting design protection. This will be very beneficial to my paper and argument since I can use these claims to counterargue declarations that fashion copyright will benefit the industry, consumers, and the fashion cycle.

Consumer Modification of Copyrighted Works

The VCR and its affect on home entertainment culture

This source is a summary of different studies and papers regarding the VCR’s impact on consumers and media consumption. I will focus on the paper by Lin, 1995. Lin views the VCR in terms of the emerging “home entertainment culture.” The VCR has altered the dynamic between consumers and other types of media because VCRs expanded the possible forms of media use and consumption. These new uses have redefined the “home entertainment culture,” meaning video viewing and the VCR’s capabilities have become substitutes for other “leisurely family activities.” As a result of these new forms of use and increased diversity of content, the VCR causes higher levels of user satisfaction. Specifically the argument is made that VCR users are likely to be more satisfied with their television viewing experience because of their ability to time shift. The other important point that Lin makes is that VCR users represent a different socio-economic segment that normal “heavy television” users.

Importance for thesis:

This source helps me in making the claim that media companies were short sighted in initially fighting the VCR. There were two benefits from the VCR that media companies overlooked. First, the VCR resulted in higher user satisfaction, which led to increased media consumption by VCR users. Second, the VCR allowed access to new market segments, which due to demographics, was a desirable result. However, these benefits were overlooked while media companies instead tried to defend their business models and the status quo.

The American behavioral scientist

Rubin, Alan and Charles Bantz (1987). "Utility of Videocassette Recorders." American Behavioral Scientist.

This paper is based on questionnaires that were developed to determine the motives people have for using VCRs. It was found that the VCR was not a revolutionary technology, but rather an evolution that enabled consumers to take a greater stake in their media consumption. The paper cited four results due to the VCR’s increased consumer activity. They were (1) an expansion in the commercial markets for media, (2) an alternative programming and use of video, (3) an alternative context for media (eg: movie rentals), and (4) an extension of other media consumption methods (eg: video books).

Additionally, this paper discusses the concern of media companies regarding advertising revenues. Firstly, there was no evidence to suggest that time shifting would harm advertising revenues. Secondly, the primary use of VCRs, which is to time shift, actually turned out to be beneficial for media companies because viewers could watch programming they otherwise would have missed. Thus, there was no defensible reason for media companies to fight the VCR.

Importance for thesis:

The arguments put forth above are relevant to my thesis because they help prove that the VCR was not actually the threat that media companies perceived it to be. In fact, the opposite is proved true, as the markets for media consumption expanded due to the VCR. Additionally, the increased user interaction with media content that the VCR facilitated ended up being beneficial for media companies, instead of detrimental to their future profits. Lastly, this paper proves that the VCR was not as revolutionary as media companies tried to argue it would be. Instead, it is clear that the VCR was part of a natural evolution in technology and media consumption.

Consumption patterns, digital technology and music downloading

This article discusses the way in which the internet and digital distribution has changed consumption patterns. Strategic Marketing Departments of Record Companies are seeking information on consumer behavior in order to anticipate competitors and to "improve the supply and demand." This article contains an empirical analysis on the industry including on-line survey results that illustrate that music downloading is not the only way in which consumers are tapping into the digital environment.

From Audiences to Consumers: The Household and the Consumption of Communication and the Information Technologies / Roger Sivlerstone / European Journal of Communication

This article shows how audiences consume media and its ideas. Sivlestone writes of two levels to appraoch implicatio nof comminication and technology for corporations, one being a phenomenological level and the other making a balance between family and state. Consumers construct social networks with everything they view or percieve. Corporations must realize these network boundries and target them to sell their product.

Consumption patterns, digital technology and music downloading

THE INTERNET IS CHANGING THE MUSIC INDUSTRY

Article discusses how in the past decade the music industry has dramatically changed because of advancements in digital technology. In the past years "bandwidth restrictions" have served to hinder distribution of music in digital form via the Internet but due to the evolving netwrok technology these "restrictions are disappearing." As a result consumers can obtain and listen to high-quality music in digital form directly from the internet, "accelerating the development of the Internet as an infortainment hub, whereby it will become the main conduit for both information and entertainment."