From Techcrunch. Appeals Court Judge Richard Posner in a blog post suggests that part of the
solution to the demise of newspapers and the readership and financial crunch they find themselves in is to change copyright laws to prohibit linking. Money quote:
"Expanding copyright law to bar online access to copyrighted materials without the copyright holder's consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder's consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion."
I will try not to dwell on the two most obvious things:
a. we have in the past 15 years seen an enormous expansion of copyright law in favor of big content and
b. the sort of damage this will do to freedom of speech. academic freedom and the economic value generated by the Internet. The currency of the Internet is linking. Kill that and the Internet will slow down to the point that it likely wont be worth it. The simple act of writing this post would entail me first contacting and getting permission from Techcrunch and the Posner himself. Not to mention all the people I'm going to link to below. If I'm lucky in a year or more I'd have all my permissions lined and up and be ready to write and you could read it then zzzzzzzz
Something that struck me about Posner's argument is that he assumes a straight and uncomplicated switch from paid to free. I think that that really over-simplifies the issue. It is part of the story but there is also a question of convenience and added functionality. As one of the commenters points out a big part of the story of the declining profitability of papers comes from declining classifieds revenue. Sure the switch to Craigslist is partly because it's free but it is also easier to use, searchable and yes even fun. With news peoper I read more than ever before but mostly it is because of a larger meta-discussion about what the news is and I find that enormously engaging.
But I do have some sympathy with those trying to figure out how conventional news outlets can find a way into the future. When I read anything about the newspaper crisis I do think about higher ed. We face significant challenges in higher education in how we are going to change how we operate to cope with funding and changing students etc.
A little while back a couple of people on some mailing lists I'm on started making this same analogy - Lanny Arvan was one of those but there were others. They pointed to a interesting article on the newspaper crisis by Clay Shirky. In particular Shirky wrote.
Revolutions create a curious inversion of perception. In ordinary times, people who do no more than describe the world around them are seen as pragmatists, while those who imagine fabulous alternative futures are viewed as radicals. The last couple of decades haven’t been ordinary, however. Inside the papers, the pragmatists were the ones simply looking out the window and noticing that the real world was increasingly resembling the unthinkable scenario. These people were treated as if they were barking mad. Meanwhile the people spinning visions of popular walled gardens and enthusiastic micropayment adoption, visions unsupported by reality, were regarded not as charlatans but saviors.
When reality is labeled unthinkable, it creates a kind of sickness in an industry. Leadership becomes faith-based, while employees who have the temerity to suggest that what seems to be happening is in fact happening are herded into Innovation Departments, where they can be ignored en masse. This shunting aside of the realists in favor of the fabulists has different effects on different industries at different times. One of the effects on the newspapers is that many of their most passionate defenders are unable, even now, to plan for a world in which the industry they knew is visibly going away."
We see a lot of that I think in higher education. And part of the problem is that we land up with two polarized sides of the debate about our own future, neither of which is very helpful. On the one side there are those who say some version of "online universities are going to eat our lunch" and "everything must be online." And on the other side we have those who argue that we have nothing really to fear as MIT and Harvard aren't going to change and students will still want degrees from them. Well most people don't go to Harvard, they go to community colleges.
Another big part of the problem is that it often gets fought out in terms of technology but it is only very partially a technology issue. It is about accountability and evaluation and accreditation and leadership and the ability to effect change in higher ed.
The answer will come from somewhere in the middle ground between the two extremes. But I don't know what it is. And apparently neither do the newspaper people.
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