Monday, April 25, 2016

Ethics Final part 4/25

My topic for the final project will be about copyright/IP. The philosopher will be Nozick, the same person I did for the presentation. There were some topics that crossed my mind, but didn't include in the presentation. One being content creators on YouTube/other video hosting sites. Nozick talks about entitlement of property. As a gamer, I watch quite a bit of games on YouTube. Content creators create videos by placing a commentary over the game they were playing. These content creators get a portion of the ad money from YouTube for the viewer traffic. A while back, some game publishers argued they are entitled to some of the revenue as well since their games are a large part of the content. Nozick states that those who expend the time and resources to make the content has entitlement over it regardless of the process in which the content was made. Both the game publishers and the YouTube content creators put time and resources into the video, so who should have the rights to monetize the content?
Nozick would argue that game publishers have the right to ask for a piece of the revenue derived from ads. Since the publishers were the ones that “bought or contracted for all other held resources used in the process”. He would also say the EULA states that buying the game (software), you are granted personal non-commercial use of the software. You do not own the software as that is the IP of the publisher. With that said, when a content creators receives revenue from ads, they would be “steal(ing) from others, or defraud(ing) them, or enslave(ing) them, seizing their product and preventing them from living as they choose, or forcibly exclude others from competing in exchanges. None of these are permissible modes of transition from one situation to another.”
I would have to argue against Nozick. In my opinion, the videos made by combining games and commentary are the results of creativity. The resulting transformation is a new form of entertainment. Viewers watch the videos not only for the game, but also for the ability to interact with the content creator and the community with similar interests. Videos created by content creators are very similar to remixes. Borrowing, stealing, transforming, adding existing content/ideas to create something new. I understand the game publishers “bought or contracted for all other held resources used in the process” of making the game and it is their intellectual property, but intellectual property laws (Copyright Act of 1790 / Patent Act of 1790) were meant to protect intellectual property by providing a brief period of exclusivity to prevent copies. The videos created do contain intellectual property of others, but isn’t that true for everything? Hollywood transforms the old into the new. Many movies were based off of existing plays, novels/comics, other films, TV shows, toys, etc. In a way, content creators do “steal(ing) from others, or defraud(ing) them, or enslave(ing) them, seizing their product and preventing them from living as they choose, or forcibly exclude others from competing in exchanges. None of these are permissible modes of transition from one situation to another.” That again, can be said for everything else. Steve Jobs of Apple famously stated “Picasso had a saying -- 'good artists copy; great artists steal' -- and we have always been shameless about stealing great ideas." Henry Ford said a similar statement, “I invented nothing new. I simply assembled the discoveries of other men whom were centuries of work…progress happens when all the factors that make for it are ready and then it is inevitable.”
The videos might have used intellectual property owned by game publishers. It actually helps them as the videos are pretty much free advertising. Under EULA’s, the software is strictly for non-commercial use. The definition of non-commercial use is blurry and depends on how one perceives it. Non-Commercial Use - “not primarily intended for or directed towards commercial advantage or monetary compensation. The inclusion of “primarily” in the definition recognizes that no activity is completely disconnected from commercial activity; it is only the primary purpose of the reuse that needs to be considered.” Content creators make their videos for fun, entertainment, community, etc. The revenue is not the primary purpose.
References
A Remix Manifesto – Brett Gaylor
Everything is A Remix – Kirby Ferguson
Creative Commons – Lawrence Lessig


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