Does the entertainment industry have too much power?

In America a congressional staffer gets fired, and in Britain an indie music website gets blocked, all in the name of rent-seeking.

Vested interests have too much say in most areas of public policy, but only in some do they actually have direct control. Two stories today highlight the ridiculous amount of authority which governments all over the world have ceded to entertainment industries when it comes to creating and enforcing intellectual property law.

In the USA, a Republican congressional staffer called Derek Khanna wrote a memo titled "Three Myths About Copyright Law and Where To Start To Fix It" (mirrored here). It was a strong piece, arguing that it was untrue to claim that:

  1. The purpose of copyright is to compensate the creator of content;
  2. Copyright is free market capitalism at work; or
  3. The current copyright legal regime leads to the greatest innovation and productivity.

(The first is certainly mythical, at least in the US context, where the explicit reason for copyright is "to promote the progress of science and useful arts"; arguing against the second, he attempts to appeal to his fellow Republicans by repositioning copyright protection as a big-government-bestowed monopoly; and against the third – really, where the meat lies – he points out that current US copyright law is far more concerned with rent-seeking than encouraging creation of new works.)

Khanna's paper, while no more anti-copyright than a thousand silicon valley opinion columns, was retracted less than a day later, with the executive director of the Republican Study Committee – the organisation which published it – claiming it was:

Was published without adequate review [and failed to approach the topic] with all facts and viewpoints in hand.

That's not what the insider story is, though. Techdirt's Mike Masnick wrote:

The report had been fully vetted and reviewed by the RSC before it was released. However, as soon as it was published, the MPAA and RIAA apparently went ballistic and hit the phones hard, demanding that the RSC take down the report. They succeeded.

Yesterday, Khanna was fired. The Washington Examiner's Timothy P. Carney [explains]:

The reason, according to two Republicans within the RSC: angry objections from Rep. Marsha Blackburn, whose district abuts Nashville, Tenn. In winning a fifth term earlier in the month, Blackburn received more money from the music industry than any other Republican congressional candidate, according to the Center for Responsive Politics. Blackburn's office did not return calls seeking comment.

Again, it's worth pointing out that nothing Khanna said was new, or outrageous, and his paper was picked up approvingly by other liberatarian-minded conservatives like Virginia Postrel and Alex Tabarrok. His only mistake was writing it while working in a position where the complaints of the entertainment industry could get him fired.

Meanwhile, in the UK, our music industry has been taking an even more active role in the law, hand-picking which websites are allowed to publish. Music website the Promo Bay is a side project of file-sharing website the Pirate Bay which allows independent artists to upload their own songs to be shared freely. Not only is there no copyright infringement going on, there is actually a queue to be featured.

Nonetheless, the BPI – industry body of the British record industry – obtained a court order to block the Promo Bay, listing it as a domain:

Whose sole or predominant purpose is to enable or facilitate access to The Pirate Bay website.

That block which was only rescinded after a petition and complaint from the Open Rights Group.

It is clear that the Promo Bay was wrongly blocked – possibly by accident, possibly due to an overzealous claim by the BPI. What's less clear is why we should accept a situation where a single mistaken claim by an industry group can censor, without warning or appeal, a popular, useful, and legal site. After all, the New Statesman has linked to file-sharing sites – in an effort to get round the "Great Firewall of China". Should we be fearing a court order?

The Promo Bay logo.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Why the Tories' falling poll lead is believable

Jeremy Corbyn has fought a good campaign, while Theresa May's has been a series of duff notes.

Taxi for Theresa May? The first poll since the Manchester bombing is out and it makes for grim reading in CCHQ.

The numbers that matter: the Conservatives are on 43%, Labour on 38%, the Liberal Democrats are on 10%, while Ukip are way down on 4%. On a uniform swing, far from strengthening her hand, the PM would be back in office with a majority of just two.

Frankly a PM who has left so many big hitters in her own party out in the cold is not going to last very long if that result is borne out on 8 June. But is it right?

The usual caveats apply - it's just one poll, you'd expect Labour to underperform its poll rating at this point, a danger that is heightened because much of the party's surge is from previous non-voters who are now saying they will vote for Jeremy Corbyn. There's a but coming, and it's a big one: the numbers make a lot of sense.

Jeremy Corbyn has fought a good campaign and he's unveiled a series of crowd-pleasing policies. The photographs and clips of him on the campaign trail look good and the party's messaging has been well-honed for television and radio. And that's being seen in the Labour leader's popularity ratings, which have risen throughout the campaign.

Theresa May's campaign, however, has been a series of duff notes that could have been almost designed to scare off voters. There was the biggie that was the social care blunder, of course. But don't underestimate the impact that May's very public support for bringing back fox-hunting had on socially liberal Conservative considerers, or the impact that going soft on banning the sale of ivory has in a nation of animal-lovers. Her biography and style might make her more appealing to floating voters than David Cameron's did, but she has none of his instinctive sense of what it is that people dislike about the Tory party - and as a result much of her message has been a series of signals to floating voters that the Tory party isn't for them.

Add that to the fact that wages are falling - no governing party has ever increased its strength in the Commons in a year when that has been the case - and the deterioration of the public realm, and the question becomes: why wouldn't Labour be pulling into contention?

At the start of the campaign, the Conservatives thought that they had two insurance policies: the first was Jeremy Corbyn, and the second was May's purple firewall: the padding of her lead with voters who backed Ukip in 2015 but supported the Conservatives in the local elections. You wouldn't bet that the first of those policies hadn't been mis-sold at this point. Much now hinges on the viability of the second.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

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