Course blog for CSP 11 (Fall 2012) @ Occidental College

Tag Archives: copyright

If you asked any random person on the street what they thought the purpose of copyright is, they’d probably assert that copyright is designed to protect the rights of artists. William Patry, author of Moral Panics and Copyright Wars, disagrees. Patry believes that copyright is a tool used by so called “copyright industries” to wage war against their consumers. Patry argues that the modern use of copyright is a symptom of “push marketing”: “With push marketing, businesses create products or services based on what they want to sell to consumers and not based on what consumers want to buy” (5). This kind of push marketing is very apparent in the modern music industry, which constantly resists changes in music mediums. “This is what occurred with the record industry’s refusal to move to MP3 single-song sales, long after it was apparent to rational observers that the CD market was exhausted” (4). Push marketing as Patry describes it is detrimental to progress and resists free market ideals, in particular the invisible hand. Patry argues that the industry needs to move to a pull market, in which consumers and “collaboration, not control” drive the marketing of copyrighted works (7).

Since Patry’s argument is based primarily in the domain of economics, one would assume that a company such as Facebook that provides a service free of charge would have little use for the waging of copyright wars. But while Facebook generally does not revolve around the creation and sharing of creative works, it’s easy to forget that photos and videos uploaded can be considered “intellectual property”. Facebook has a somewhat disturbing approach to intellectual property, as stated in their Statement of Rights and Responsibilities: “For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” Facebook essentially has the right to use your photos and videos for whatever nefarious purposes they can think of. This becomes even more frightening when it becomes clear how little privacy really exists on Facebook: “When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. ” While users do have the right to resist this intrusion, I doubt that many users consider the possible repercussions of playing “FarmVille”. As Kyle Brovlofski so tactuflly stated in the South Park episode “Human CentiPad”, “Who the hell reads that entire thing every time it pops up?”

It would appear that Facebook is engaging in (or at least has the ability to engage in) borderline Orwellian surveillance of its users that one might think is illegal. But in actuality, Facebook is well within its rights when it does whatever it does with your intellectual property, because the user clicked “agree” when signing up with Facebook. Facebook can also change this contract whenever it chooses: “We can change this Statement if we provide you notice (by posting the change on the Facebook Site Governance Page) and an opportunity to comment.  To get notice of any future changes to this Statement, visit our Facebook Site Governance Page and “like” the Page,” and the only way to recieve notice is to make the effort to like a Facebook page which, up until now, I didn’t even know existed. The little power that Facebook gives to its users “If more than 7,000 users post a substantive comment on a particular proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote,” does not bring it anywhere close to the ideal “Pull Marketing” tactics described by Patry. The South Park episode “Human Cent-i-Pad” wasn’t too far off, if the Facebook terms of services said that they could sew my mouth to another human’s anus, it’s highly unlikely that I would know about it, and even less likely that I would be able to do anything about it.

Patry, William. Moral Panics and the Copyright Wars. New York: Oxford University Press, Inc., 2009. Print.

“Statement of Rights and Responsibilities.” Facebook, 8 June 2012. Web. 08 Sept. 2012. 

Parker, Trey. “Humancentipad.” South Park. N.d. South Park Studios. South Park Studios. Web. 8 Sept. 2012.

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As a consumer of media and technology I frequently come across Terms and Conditions or Terms of Services that I agree to in order to use these Services or technologies. Do I accept these Terms? Always. Do I actually read the Terms and Conditions that I’m agreeing to? Absolutely not. Trey Parker’s South Park episode “HUMANCENTiPAD” satirizes the average consumer’s actions regarding technology including not reading Terms and Conditions before agreeing to them as well as how consumers respond to companies such as Apple.

I watched “HUMANCENTiPAD” in the context of the first chapter of William Patry’s book Moral Panics and Copyright Wars titled “How the Copyright Wars Are Being Fought and Why.” While the observations and subsequent statements that Patry forms about the Copyright Wars are mostly in regard to companies as copyright owners, there are direct comparisons to be made to Apple’s business strategies.

Patry opens up his chapter with the concept that industries, such as the music industry, have “gone to war with consumers by denying them what they wanted” (Patry 1). The theme of the industry’s control of consumers is one that particularly interested me when considering themes of “HUMANCENTiPAD.” A premise “HUMANCENTiPAD” is the control that Apple gains by having customers agree to Terms and Conditions (which no one actually reads because it’s “like eight pages long and they send you a new one every three weeks” (Parker)). In this episode, characters blindly agree to the Terms and Conditions and subsequently turn into a rather vulgar new type of iPad which is part-human part-centipede part-iPad, a parody of the horror film Human Centipede.

I decided to peruse the 17 page-long Terms and Conditions of iTunes and, as of the version last updated May 23, 2012, Apple does not have acceptors of the agreement agree to become any sort of HUMANCENTiPAD. However, the Terms and Conditions does contain some language which put Apple in control of monitoring compliance with Terms and Conditions and “enforcement and/or verify compliance with any part of [the] Agreement” (Apple). The South Park episode doesn’t necessarily criticize or bring to light specific content of the Terms and Conditions of iTunes, however, questions the actual control Apple products and other similar technologies have over consumers. For instance, Cartman throws a complete fit in Best Buy because his mother does not want to buy him an iPad and he refuses to be seen with a less expensive Toshiba HandiBook. While Cartman’s response is extreme, it represents the loyalty consumers feel towards brand-name technology, specifically Apple.

Some critical questions to raise are how we got to the point where consumers would not be caught dead with an off-brand piece of technology and why we feel the need to have the latest-and-greatest even if it is, in the case of the South Park episode, a HUMANCENTiPAD? According to Patry’s interpretations of the definition, Apple uses what he describes as “push marketing” by creating what it wants then markets it to the consumer. Steve Jobs, the former CEO of Apple was quoted in BusinessWeek in May 25 1998, cited in Owen Linzmayer’s Wired article “Steve Jobs’ Best Quotes Ever,” saying that “it’s really hard to design products by focus groups. A lot of times, people don’t know what they want until you show it to them” (qtd. in Linzmayer). This is precisely the kind of approach Patry detests and views as an attempt of control of consumers. Jobs even went one step further to say in a BusinessWeekOnline interview in October 12, 2004 that “I’ve always wanted to own and control the primary technology in everything we do” (qtd. in Linzmayer). Patry criticizes businesses for creating “products or services based on what they want to sell to consumers and not based on what consumers want to buy, resulting in what Theodore Levitt called ‘marketing myopia’” (5). Unfortunately for Patry’s case against this marketing tool for being ineffective, Apple has been highly successful with push tactics and now has a large following of Apple users, myself included.

For whatever reason I feel a certain connection to my Apple products (of which there are eight being used regularly in my house at home with me and my parents) and while I would like to think that I make the decision to purchase Apple products based on my independent thoughts and decisions, I recognize that this is not the case. Like many other consumers I have allowed myself to be seduced by companies like Apple and in order to continue to use their products will blindly accept the Terms and Conditions presented to me “like every three weeks” (Parker).

Works Cited

Linzmayer, Owen. “Steve Jobs’ Best Quotes Ever.” Wired.com. Conde Nast Digital, 39 Mar. 2006. Web. 07 Sept. 2012. <http://www.wired.com/gadgets/mac/commentary/cultofmac/2006/03/70512?currentPage=all&gt;.

Parker, Trey. HUMANCENTiPAD. South Park Studios. Viacom, Apr. 2011. Web. 6 Sept. 2012. <http://www.southparkstudios.com/full-episodes/s15e01-humancentipad&gt;.

Patry, William F. “How the Copyright Wars Are Being Fought and Why.” Moral Panics and the Copyright Wars. New York: Oxford UP, 2009. 1-41. Print.

“Terms and Conditions.” iTunes Store Terms and Conditions. Apple, 23 May 2012. Web. 06 Sept. 2012. <http://www.apple.com/legal/itunes/us/terms.html&gt;.