| Google: the mosquito union? | Hans Bousie*, 25-10-2010 |
What we do know is that the music industry has troubles for over a decade to embrace a new business model that would enable them to earn money on digitalization. What we do know is that the book industry has troubles for the last year or so to do the same. Music Industry has been haunted for years by pirates.
It's like the story of the elephant and the mosquito. One mosquito wouldn't hurt an elephant, but millions can. And that is why elephants cover themselves with dirt. It is plain and simple protection. If elephants would have our brains wouldn't they sit down and negotiate with the mosquito union? "Is there a way in which you can reach your goals without harassing us", might be a good question for them to ask. But elephants don't have our brains. And we don't use them. The animalistic, purely instinct based reaction of content holders all over the world is to cover themselves with dirt, which is to protect themselves against attacks. They simply are at loss against the millions of pirates across the globe that haunt them for their treasures.
The latest development, just happening, is the digitalization of the television-industry. And there the same goes, there is not a good business model yet, so the mosquito’s come from all over the world and suck the blood right out of the media elephants. They use Pirate Bay and the likes to do so. Would this mechanism of attack and shelter be repeated all over again just till anyone stands up and presents the ideal business model? No, that won't be enough. We have seen that happen in the music industry. Several promising business models have been lost because their owners did it the gentle way. Well raised, they humbly presented their respective business models (say for instance Napster or Spotify) and tried to get permission of the various content owners. In the music industry that means to visit all record companies, publishers, publishing associations, record company associations and all collecting societies across the globe. Not only you would need a tour guide just to visit these companies and institutions but you would also need to convince your partners to be of your new model, or they would simply say no. As their entertainment lawyer, I represented several clients that went bankrupt on these no's.
And now there is Google. Google is the largest piracy network in the world. Google steals content and makes money from it, and in the process violates privacy regulations all over the world. Google did so with Google library. They simply told the book publishers, if you don't come up with a plan, we will. We will steal your content and sell it and you can yes or no give your permission afterwards. And reluctantly book publishers are giving in now.
What we see to today in the television industry reflects the same pattern. Google’s just introduces Google TV and Sony and Logitech step in to provide the right equipment to steal the content. And now we see the protective reaction of the networks, ABC, CBS and NBC all block Google TV. Attack and protect. Democracy and negotiations just don’t work in this business (meaning that lawyers might be out of business before long). You just need the bully of the schoolyard to come in, grab what he wants and just altering the playing field. So you content owners, dig in deep and decide for yourselves what you want. Fight Google and loose the battle inevitably from the millions of mosquito’s all over the world or work side by side with the biggest bully of the schoolyard, the mosquito union, Google?