Earlier this week I had a really long day. The kids at school were
crazy, several teachers being out sick made it worse, and my back was aching, so I was generally a grump all day. I
came home tired, stressed out, and really not looking forward the
fact that I had about 12 hours to eat, sleep, shower, and get myself
back to my job once again.
So of course I escaped to my Internet addiction and checked email. My
friend Justin turned my night -- my whole week, really -- around by
forwarding me a link to the cutest, cleverest, happiest thing I'd seen
in ages. A pair of guys out
there in Cyberspace had taken some old Peanuts cartoon footage (I think it's
all from A Charlie Brown Christmas, but I'm not positive),
stripped the original music out, and edited it to OutKast's hit song, Hey ya!.
Brilliant. I'm a big OutKast fan and an even bigger Peanuts fan, and I
couldn't have been more delighted to see Snoopy and Linus shakin' it to
Andre 3000's neo-funk beats.
The piece ended with author credits and a simple, honest
admission that the source material -- both audio and visual -- was made
by someone else, copyrighted by someone else, and used entirely without
permission. The Quick Time clip closes with the simple plea, "Used without
permission. Please don't sue us."
OutKast, the estate of Charles Schultz (the late, great creator of
Peanuts), the Vince Guarldi Trio (who performed the original Peanuts
music, a snippet of which is heard at the beginning of the movie), the
ABC television network (whose logo appears throughout -- the cartoon was
obviously taped off of a television broadcast), and a whole host of
other copyright holders probably have legal grounds upon which to sue
these guys. United Media has already sent out a cease-
and-desist, and the clip is now no longer available on the Internet.
(Well, not from its original authors, anyway).
Why, you ask, am I giving even more attention to this act of blatant
copyright infringement, and potentially driving you to search for this
digital contraband even though it's already cost United Media time and
money to have taken out of circulation?
Two reasons, both of which were highlighted in cover stories in two
of the past three Sunday's New York Times
Magazine. First, copyright law is undergoing an
historical sea change right now, and the debates surrounding the
future of royalities, the public domain, and the like all have to do
with the accessibility and flexibility of digital media. Second, computer
worms and viruses wreaked unprecedented havoc on our
network-dependent world in 2003, and security experts are predicting far
more mayhem in 2004 and years to come.
What ties these two topics together isn't just the advances in
computing technology that have made them so possible and prominent. It's
also the human creative spirit that fuels the artisitic and intellectual
fervor behind remixing pop songs and writing clever code that can
replicate itself as quickly as possible across as many of the world's
computers as possible. We have always been fueled by curiosity -- to
paraphrase a speech from The West Wing, We came out of the cave, saw
fire over the hill, and went to see what it was -- and the spirit of
invention. Scientists, researchers, artists, and writers, we all strive
to understand our world and represent that understanding in ever new
forms. Of course, everything we create borrows in some way from what's
come before us, but the pride and joy of creation comes in the act of
producing something that somehow, in some way, feels uniquely worthy of
being noticed amidst all that's preceded it.
The guys who remixed the Peanuts video may have been looking for some
free publicity for their production company, but they weren't directly
selling any product they made from Charles Schultz' and OutKast's work.
They did what the iTunes music store and umpteen pornography
sites are so smartly doing, and what desparate
giants like the RIAA are so sadly failing to do -- witnessing the
changes in technology, observing how consumers are adopting them (legally or
not) and then adapting their business models to meet these new consumer
desires.
Apple Music Dot Com is a hit because paying 99 cents for a song is less
expensive to many people than the time and hassle of finding and
downloading that same song through less convienient means. To some it's
also about legality and morality, but not to everyone. It's sheer
economics -- if it takes me two minutes to log in, find my song, and hit
the download button, but it takes me twenty minutes to complete the same
process via Limewire or KaZaa, aren't those eighteen minutes of my life
worth at least a dollar? For many people, the difference is even more dramatic
because iTunes is point-and-click Web browsing and Peer-to-Peer file sharing requires
some knowledge of how your computer actually works.
As
this article in yesterday's New York Times points out, "Thousands of
Web sites are putting Playboy magazine's pictures on the Internet -
free. And Randy Nicolau, the president of Playboy.com, is loving it.
'It's direct marketing at its finest,' he said." The unauthorized
pictures, Mr. Nicolau says, drive their desire-fueled viewers back to
Playboy's site for more, and that's when Playboy profits.
Renegades like pornographers, underground musicians, and computer
programmers have long been on the forefront of clever technology because
they have to be. Whether their motivation is making sure they
turn a profit in a shady (but legal) business, finding a way to come up
with a new twist on an old sound, or solve the myriad intellectual
puzzles involved in the art of code writing, these folk know that when
new technologies spawn new laws written in hopes of exercising some
governmental control over that technology, the technologists will always
outpace the legislators. And the wiley individual retains his edge over the
corporate behemoth, to boot ... Remember when the "uncopiable" CD came out
last year and some kid in Europe cracked the code by literally drawing a
ring around the disc with a Sharpie? Yeah, good use of R&D dollars there.
Clive Thompson's article on virus writers -- mostly teenagers and
twenty-somethings, mostly living in rural Europe -- was interesting because
for most of the coders the lure of writing a potentially devastating
piece of computer code has nothing to do with erasing data or bringing
down national security systems. It's the joy of solving a puzzle, of
creating something cool, and showing it off to your like-minded
friends. Actually, for many of these kids, Net-enabled hacking allowed them
to make friends in the first place. The article details gatherings in which these
coders hang out, drink beer, and talk about girls like teenagers all over the world
do. It just so happens that before they discovered coding -- and other coders
like them hanging out online -- they didn't have any friends to hang out and
act like kids with.
Most of the coders interviewed for the article adhere to a sort of
unwritten code of ethics that involves attached benign "payloads" to
their programs. That is, instead of creating a worm that will find its
way to millions of computers and erase all of their hard drives, the
worm will instead deliver to all of those machines some sort of sophomoric (a .jpeg of a middle
finger) or anti-capatlistic message (i.e. an anti-Microsoft screed).
Granted, the movement of the worms itself across the Interent is enough
to cause all sorts of financial and social harm by jamming communication
networks. The top coders are also legally savvy enough now not to
actually deploy their viruses, but rather to post the code to their
Websites with "for educational uses only" disclaimers about the
illegality of actually using the programs. The code on the site might carry
benign payload, but altering it to deploy something more lethal isn't all that hard.
Of course, to a teenage wannabe rebel hacker, this is an open
invitation to destruction akin to the lure being handed a loaded weapon.
To quote Thompson's article, "The code for a virus is itself
the weapon. You could read it in the same way you read a book, to help
educate yourself about malware. Or you could set it running, turning it
instantly into an active agent. Computer code blurs the line between
speech and act. "It's like taking a gun and sticking bullets in it and
sitting it on the counter and saying, 'Hey, free gun!'" Rogers says."
(The Rogers quoted here is Marc Rogers, a computer forensics researcher at Purdue University.)
This threat is very true and very real. For all of the bored, puzzle-solving coders
living in the hills of Eastern Europe, there are probably many more less talented but more
nefarious-minded "script kiddies" lurking about just waiting for the blueprints to some
new ubervirus to show up online so he can modify and deploy it to take out Los Angeles' 911
systems as part of some horrific plan of destruction.
Struggling with morality and ethics has long been the stuff great writers and lonely insomniacs have been
made of, and technology doesn't change that. Technology is, however, making the speed at which
we live our lives faster, and therefore making the impact of our moral choices that much more
immediate and widespread. Somewhere in Washington, D.C. a politician is drafting a bill that
one day will become the law of the land when it comes to digital copyrights and free speech
online. This law will attempt to govern everything from the legality of moving the new OutKast song
from your iBook to your iPod without paying Apple an extra 10 cents to the legality of posting viral
code to the Net without actually deploying it. This is big stuff, scary stuff, the stuff of our
future.
But also somewhere perhaps in America or Austria or Eastern Europe, a deejay is remixing
another tune off the OutKast album, a political activist is splicing together video bytes of
elected officials lying to the public, and a good-hearted coder is writing viruses and then sending
them to Internet security organizations to help ramp up the Net's immune system. Art and science,
good and evil, life and death. The Internet didn't create these forces, it just lets us share them
with one another a little more easily.
* * * *
Noah Kravitz is an educator,
musician, and writer who calls Brooklyn, NY home and takes his iPod with
him everyday on the commute to work at a school in Spanish Harlem. He
is the author of the forthcoming book, Teaching and
Learning with Technology and the drummer for Automat, who can be found rocking
various clubs in the five boroughs and beyond.