New article: Piracy as activism

I have a couple of new academic articles in the pipeline.

The first one to be published in 2011 is found in the bilingual online Greek journal Re-Public, which has a current theme issue on the topic of “piracy as activism”. The aim of this issue is to explore “pirate practices and subjectivities in terms of their resistance to the dominant organisations of everyday life” (quoting the editors’ own introduction), and it’s out now, available in both Greek and English.

“It takes (at least) two to tango” is a short article about the activist subject and the pirate subject – and how it seems impossible to maintain agential “purity” in an era that is characterised by an even more complex tangle of agency, in which we as subjects are embedded. My argument, in short, is that the forms of activism found online, connected to what is commonly called the “pirate” movement, are hard to separate from consumerism and entrepreneurialism, given that what is traded remains to be products from the cultural industry, and that all forms of establishment of hubs, sites and the likes are akin to (real or potential) commercial ventures, albeit of an “outlaw” or “rogue” kind.

The one-sided assumptions in the Pirate Bay ruling

This is a translation of an article that I wrote in Swedish newspaper Svenska Dagbladet on Nov 27th, following the verdict from the Swedish Court of Appeal in the famous Pirate Bay copyright infringement case.

According to the current ruling in the Pirate Bay trial, the Court of Appeal makes a very interesting comparison between The Pirate Bay and services like Google and YouTube, which also distribute copyrighted material:

“If the nature of a search service is such that it primarily is a valuable tool in lawful activities, and of general benefit to society, if this legitimate use predominates, but the distribution or transmission of illegal material in spite of precautions cannot be ruled out, the operation of such a service should be considered as legitimate.” [emphasis added]

In fact, the ruling depends on whether one sees file-sharing as a fundamentally good thing for society, or as a public hazard. Once again, the saga of The Pirate Bay shows that the law is eminently political.

Summary of my thesis

As I have now had my Ph.D. recently registered with University of London, I want to take the opportunity to present a brief summary of it here.

Obviously, in 346 pages, there is a LOT more to draw on from it. The subject of p2p-based file-sharing is a complex one, and one challenge was to concentrate all this complexity into a comprehensive – yet not overly simplifying – account.

Please email me if you want a copy of the thesis. See my personal webpage or this blog for contact details.

My thesis is about Swedish file-sharers’ own arguments and motives. I analyze how they justify their habits, and what they refer to. I interviewed Swedish file sharers and analyzed blogs, newspapers, debates and web comments. I placed great emphasis on connecting the arguments to various sociological theories of representation, agency, justification and morality, as well as to the actual technical, economic, historical, demographic and geographical conditions. As the actual p2p protocols (especially BitTorrent protocol) are so central to the drama, the sociologist’s role is to determine: What is BitTorrent? How shall we understand the “nature” of a network, and the way the users themselves constantly invoke this “nature”? Ontology – how reality is described and defined – becomes the crux of the debate.

“Efter The Pirate Bay”

In September 2010, me and Pelle Snickars (Head of Research at Sweden’s Royal Library) released an anthology called Efter The Pirate Bay, a reader aimed at the Swedish general reading public, featuring a range of interesting authors on the subject of file-sharing, digitization, copyright reform and the “pirate” movement in Sweden.

See this link for more info. Unfortunately, Efter The Pirate Bay is only available in Swedish, and no English translation is planned. However, the national public interest in Sweden has been considerable, and I believe that many of the insights that I draw on in my currently finalized Ph.D. thesis and in the book are of interest to the English-language reading public as well.

This blog is now authored by a doctor

The Liquidculture Notebook has been quite dormant as of lately. The reasons are many – I have been busy with relocating to Sweden, editing a brand new reader on The Pirate Bay, working as a teacher and translator. You can read more about it here (Jonas Andersson’s personal homepage).

And, more importantly: In June 2010 I went back to London in order to get through my viva voce for finally getting that Ph.D. degree. My two examiners were Don Slater (LSE) and Jon Dovey (UWE). And I’m happy to announce that I passed my viva, with no modifications!

During the summer and early autumn, the academic formalities have moved forward, very slowly, and I’m now about to register my thesis with University of London, and their Senate House academic archive. More publications are in the works. Please do not hesitate to email me if you are interested in a pdf copy.

A new, yet formalised way forward

Bennett Lincoff, former Director of Legal Affairs for New Media at ASCAP, was in Sweden recently. Although he is not an outright opponent of the current copyright system, he has a radical proposal of how copyright law should work online. The recording industry still bases their entire business model on selling copies; a retrograde strategy, he argues. Instead, he proposes a digital transmission right for the Internet. He argues that the Net is fundamentally incompatible with the old business model of selling individual copies of popular culture.

This is a new type of license, a digital transmission license to replace all other rights on the Internet. In his proposal, anyone who wants to transfer copyrighted material digitally would have to buy such a transmission license: websites that broadcast music, namely Internet radio or other types of streaming media, but also individual file sharers who know that they share large amounts of copyrighted music.

Oh crud, The Economist!

Open letter to The Economist, regarding their misleading article on the supposed “decline” of p2p-based file-sharing, where they use Sweden as a key example, however basing their interpretation on wildly misleading data. Also in their leader they uncritically continue said argument.

Sir,

It saddens me that your otherwise so respectable publication has chosen to uncritically put forward biased and badly supported evidence for your assertion this week that 60 % of Swedish file-sharers would have “cut back or stopped altogether”. The information you refer to is from a web survey conducted by the Swedish wing of the International Federation of the Phonographic Industry (IFPI). These are by no means independent, nor statistically valid findings. In fact, the same report states that 40 % of Swedes between 15 and 74 would illegally share files every day, a higher figure than any earlier estimate and a similarly unplausible suggestion.

The Pirate Bay: Two important speculations

Following the announcement that The Pirate Bay will be sold to a Swedish software company, there has been a lot of turmoil and dissent in online communities.

With his typical, holier-than-thou, straight faced idealism, the Pirate Bay spokesman Peter Sunde says in his Twitter feed: ‘People hate me now for wanting to pause the 6 year free work we’ve been doing. Feels unfair.’

Why? Because the move to sell the website appears to be part of a greater manoeuvre, that the men behind The Pirate Bay have hinted about in various forms over the last year. Although a situation like this can give rise to a lot of speculation, it is therefore important to note two things…

The Pirate Bay: Commercial acquisition in a media-historic perspective

On June 30th, 2009, The Pirate Bay announced that they are to sell their trademark and website to the Swedish software company Global Gaming Factory X, with the proviso that said company can raise the 60 million SEK (€5,5 million) needed. If it is true that the purchase will come to pass, it will be a very interesting development in terms of media history.

This is a translation of my editorial published on Swedish debate site Newsmill.se.

As a PhD student writing my thesis on Swedish file-sharing, and with a general interest in digitization as a material and historical process, I instantly thought of two observations, rooted in media history:

(1) First of all, it shows that unrestricted file-sharing need not be antithetical to capitalism. In fact, it can be argued to be as much a product of capitalism as tabloid newspapers, pyramid schemes, and ring tones.

So-called “illegal” file sharing sites and services often have a latent commercial potential, right from the beginning. The Pirate Bay has for a long while been financed by advertising and merchandise sales, for example.

The supposed link between unrestricted file-sharing and declining CD sales

Some excerpts/cut-outs from my thesis. This one is an overview of that worn old question: Is there a link between falling CD sales and file-sharing, and in that case – what does it look like?

Regarding the link between file-sharing and falling CD sales, there are various studies having different conclusions. A general conclusion is that CD sales started dropping simultaneously as unregulated file-sharing began to rise (initially with Napster in 2000).

However, a direct causal link is hard to establish, since there are so many other factors that could serve as an explanation to this drop: Changing consumption patterns (with the ascendance of video games, DVD:s, hardware etc. as new expenditures); shrinking profitability from CDs; a decline in the number of new titles; a cyclical slump after the boom of the 1990s; decreased diversity of radio playlists; and so on.