Meanwhile, In The Lobby

This evening I went to an event titled “Building a Digital Entertainment Company in Silicon Valley” put on by the MIT/Stanford Venture Laboratory. The event featured a panel comprised of Gracenote CEO Craig Palmer, Weil, Gotshal & Manges intellectual property lawyer Yar R. Chaikovsky, Selby Venture’s Marco DeMiroz, Apple iPod VP of Engineering Tony Fadell, and Sequoia Capital’s Sameer Gandhi.

While it was interesting to hear Craig detail the history of Gracenote (especially given that the original technology was basically built by its users) there wasn’t a lot there of new information presented. Yeah, there’s more bandwidth to power content delivery. Yeah, the major computing players have been transformed into consumer electronics retailers. Yeah, the industry’s going to be grappling with DRM interoperability issues for a while. Blah blah blah. Yawn. We know this part of the movie.

The interesting part came with the questions portion of the event. Right off the bat, Jeff Schwartz jumped in with a pertinent question: “So, what about BitTorrent?” Unfortunately, the panel seemed to interpret this question as “So, what about people illegally sharing files?” What followed was a brief history of the past “screw you” attitude of Napster and others towards Big Media, and how the technology industry had come around to start partnering with Big Media and implement DRM to address this issue. Hmm…I don’t think this was where Jeff was going with that question. Another audience member asked about the impact the Open Source movement and its philosophy on the entertainment industry. Again, the intent of the question was deflected by the panel.

I understood what these guys were trying to get at, so I thought I’d give it a try:

“We’ve been talking a lot about the consumers and consumption side of the equation, but what about the producers? With tools like BitTorrent lowering or eliminating the costs of independent producers to distribute content, the increasing use of Open Source licenses for content, and the relative ease with which high-quality content can be created using digital tools, does Hollywood perceive independent producers as a threat? When anyone in this room with a web site, or a garage band can reach audiences, Hollywood will have to compete for consumer attention – does it even recognize this as a threat?”

Marco DeMiroz started to point out that the economics of content production would prevent against this becoming a major threat – that, for example, movies cost hundreds of millions to produce and that someone had to make a buck – when I had to cut him off:

“I think you’re making the assumption that these independent content producers are in it for the money…”

Craig jumped in at this point to maintain that this independent content was not necessarily “high quality” – so who’d want to watch that? Jeff was quick to counter this point by pointing out that Hollywood would still be competing for the attention of the consumer regardless of whether all the independently produced content was any good or not. While Jeff had a point, I would argue that a lot of what Big Media considers “low quality” is actually more relevant and worthwhile than the latest recycled summer blockbuster explode-a-thon. Just look at Rock, Paper, Saddam! Hilarious! And probably whipped up by some guy in his bedroom in an evening before it was unleashed and spread like a virus across the blogosphere and collective email inbox of the world. How can they hope to compete with instant, timely content that costs next to nothing to distribute and that’s been created by people who aren’t interested in making money of their creation?

At this point, the panel started to break into more of a free-for-all open debate, and so the panel concluded.

There were many breathless discussions after the conclusion of the panel – Jeff Schwartz and I practically tackled each other after the panel for the opportunity to each conclude that the members of the panel just Don’t Get It. Though I’m sure the movie industry’s not about to spontaneously implode, it seems we’re on the cusp of a new era of cultural production, a reversal of the broadcast-centric model of cultural production brought about by the popularization of television. People seem to be remembering that they don’t have to wait for others to report on the news or tell their stories.

Remember the old movie jingle “Let’s All Go To The Lobby“? People are starting to gather in the lobby and interact rather than hang out in a movie theatre eating overpriced popcorn. You have been warned.

Pissing On Customers

It seems these days more companies are making a deliberate, calculated, and focused effort to piss off their customers. Or piss on their customers. I haven’t decided which it is, but neither one is particularly desirable when you’re on the receiving end. Somewhere along the line, someone gave companies the idea that providing less service for the same price would be acceptable to customers – allow me to correct their misconceptions.

Your average Hollywood movie studio executive appears to be operating under the mistaken belief that when I bother to pry open my wallet to buy a DVD, I’m actually overjoyed to be forced to sit through additional “free” content. Like the overly verbose FBI warning. In English and French. And an ad for a soft drink. And the coming attractions – despite the fact that the DVD I’m watching is over a year old, the movies being advertised have already been released, I already know they suck, and this is the fourth time I’ve been forced to watch the ads. In situations like this, I start to feel like Alexander in Clockwork Orange – strapped into place, restricted by technology from averting my gaze.

The term is captive market – and I wish cosmic rays would fry the synapses out of every corporate droid brain that thinks it’s a good idea.

Nobody’s limiting themselves to restricting outside food so they can overcharge for popcorn anymore. Nope, they’re working hard to make sure we watch what they want us to watch, when they want us to watch it. Forget listening to your favorite XM radio program any time you want. Forget taking your camera-phone to concerts. Forget moving files freely to and from your USB keychain drive or your iPod. Forget recording and storing programs indefinitely on your TiVo. Forget about not being berated for actually paying to go to the movie theatre.

In short: forget about having uninterrupted control over any of the cultural products and experiences that form the basis of just about every memory you have. The movie from your first date. The songs that form the soundtrack of your life’s most important moments. The concert you went to with your best friends. All of the color surrounding your memories – memories so important to you that they’re engraved in the brainflesh somewhere between your ears – those colors are probably patented by some jackass at Pantone and they’re drafting a cease-and-desist letter as I type this.

I know I’ve said this before, but I’ll say it again: I will not pay for content only to be told when and where I may watch or listen to it. I will not feed your ill-conceived plans to cram my every waking moment with mentally deficient cross-marketing plans. I will not allow myself to be extorted for access to my culture, and my memories. In case the industry hasn’t noticed, there is a lifetime’s worth of unrestricted content out there, free for the taking. There are tools that make it easier to route around your dain bramage should I decide to access restricted content.

Beware! For I am the consumer. I am King. And you will be first against the wall.