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Khanna's paper, while no more anti-copyright than a thousand silicon valley opinion columns, was retracted less than a day later, with the executive director of the Republican Study Committee – the organisation which published it – claiming it was: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

I was unqualified to vote in the EU referendum. So at least now we should hear from experts. 

It is just conceivable that Brexit will eventually turn out to be a good thing. I gravely doubt it, but I’m not qualified to judge. And that is the point. I wasn’t qualified to vote in the referendum. Nor were you, unless you have a PhD in economics or are an expert in a relevant field such as history. It’s grotesque that David Cameron, with the squalidly parochial aim of silencing the Ukip-leaning wing of his party, gambled away our future and handed it over to a rabble of ignorant voters like me.

I voted – under protest, because I never should have been asked to vote, but I did. In line with the precautionary principle, I knew enough to understand that such a significant, complex and intricate change as Brexit would drive a clumsy bull through hundreds of delicate china shops painstakingly stocked up over decades of European co-operation: financial agreements, manufacturing partnerships, international scholarships, research grants, cultural and edu­cational exchanges.

I voted Remain, too, because, though ­ignorant of the details, I could at least spot that the Leave arguments were visceral, emotional and often downright xenophobic. And I could see that the Remain arguments were predominantly rational and ­evidence-based. They were derided as “Project Fear”, but fear can be rational. The fear of a man stalked by a hungry polar bear is entirely different from the fear of a man who thinks that he has seen a ghost. The trick is to distinguish justified fear from irrational fear. Those who scorned Project Fear made not the slightest attempt to do so.

The single most shocking message conveyed during the referendum campaign was: “Don’t trust experts.” The British people are fed up with them, we were told. You, the voter, are the expert here. Despicable though the sentiment was, it unfortunately was true. Cameron made it true. By his unspeakable folly in calling the referendum, he promoted everyone to the rank of expert. You might as well call a nationwide plebiscite to decide whether Einstein got his algebra right, or let passengers vote on which runway the pilot should land on.

Scientists are experts only in their own limited field. I can’t judge the details of physics papers in the journal Nature, but I know that they’ve been refereed rigorously by experts chosen by an expert editor. Scientists who lie about their research results (and regrettably there are a few) face the likelihood that they’ll be rumbled when their experiments are repeated. In the world of science, faking your data is the cardinal sin. Do so and you’ll be drummed out of the profession without mercy and for ever.

A politician who lies will theoretically get payback at the next election. The trouble with Brexit is that there is no next election. Brexit is for keeps. Everyone now knows that the £350m slogan on the Brexit bus was a barefaced lie, but it’s too late. Even if the liars lose their seats at the next election (and they probably won’t), Brexit still means Brexit, and Brexit is irreversible. Long after the old people who voted Leave are dead and forgotten, the young who couldn’t be bothered to vote and now regret it will be reaping the consequences.

A slender majority of the British people, on one particular day in June last year when the polls had been going up and down like a Yo-Yo, gave their ill-informed and actively misled opinion. They were not asked what they wanted to get into, only what they wanted to get out of. They might have thought “Take back control” meant “Give control back to our sovereign parliament, which will decide the details”. Yes, well, look how that’s working out!

“The British people have spoken” has become an article of zealous faith. Even to suggest that parliament should have a little bitty say in the details is hysterically condemned as heresy, defying “the people”. British politics has become toxic. There is poison in the air. We thought that we had grown out of xenophobic bigotry and nationalistic jingoism. Or, at least, we thought it had been tamed, shamed into shutting its oafish mouth. The Brexit vote signalled an immediate rise in attacks on decent, hard-working Poles and others. Bigots have been handed a new licence. Senior judges who upheld the law were damned as “enemies of the people” and physically threatened.

Am I being elitist? Of course. What’s wrong with that? We want elite surgeons who know their anatomy, elite pilots who know how to fly, elite engineers to build safe bridges, elite athletes to win at the Olympics for Team GB, elite architects to design beautiful buildings, elite teachers and professors to educate the next generation and help them join the elite. In the same way, to decide the affairs of state, as we live in a representative democracy, we can at least hope to elect elite parliamentarians, guided and advised by elite, highly educated civil servants. Not politicians who abdicate their democratic responsibility and hand important decisions over to people like me.

What is to be done? Labour, the so-called opposition, has caved in to the doctrine of “the British people have spoken”. Only the Lib Dems and SNP are left standing. Unfortunately, the Lib Dem brand is tarnished by association with Cameron in the coalition.

Any good PR expert would prescribe a big makeover, a change of name. The “Euro­pean Party” would attract Labour voters and Labour MPs disillusioned with Jeremy Corbyn. The European Party would attract Europhile Tory MPs – and there are plenty of them. The European Party would attract a high proportion of the 48 per cent of us who voted Remain. The European Party would attract big donations. The European Party might not win the next election, but it would stand a better chance than Labour or the Lib Dems under their present name. And it would provide the proper opposition that we so sorely need.

This article first appeared in the 30 March 2017 issue of the New Statesman, Wanted: an opposition