Cory Doctorow JOEL TURNIPSEED · NOV 04 2007
I can't think of anyone better suited to answering questions about the state of culture in the Age of the Blog than Cory Doctorow. Whether it's running Boing Boing, writing (and giving away—while still profiting from—his novels and short-story collections), or speaking out for our electronic rights, Cory is a ubiquitous presence on every vector of this discussion. I caught up with him by phone at his London flat.
JT: Let's talk about the 'Pixel-Stained Technopeasantry' discussion in the sci-fi community this summer. I thought it was sort of ironic that someone like Hendrix—a sci-fi writer— would resign over the use of technology—
CD: He didn't resign: He just didn't run again.
JT: —Or just didn't run again. OK, so that was just his parting shot? There was another line he used, too—what was it? Webscabs. What's the deal with giving away your stuff for free?
CD: There are three reasons why it makes sense to give away books online. The first is that publishing has always been in this kind of churn and flux—who gets published, how they get paid, what the economic structure is of the publishers, where the publishers are, all of that stuff has changed all of the time. And it's just hubris that makes us think that this particular change—the computer change—is the one that's going to destroy publishing and that it must be prevented at all costs. We'll adapt. If we need to adapt, we'll adapt. And today, the way that we adapt is by giving away e-books and selling p-books.
So that's the economic reason. But then there is the artistic reason: we live in a century in which copying is only going to get easier. It's the 21st century, there's not going to be a year in which it's harder to copy than this year; there's not going to be a day in which it's harder to copy than this day; from now on. Right? If copying gets harder, it's because of a nuclear holocaust. There's nothing else that's going to make copying harder from now on. And so, if your business model and your aesthetic effect in your literature and your work is intended not to be copied, you're fundamentally not making art for the 21st century. It might be quaint, it might be interesting, but it's not particularly contemporary to produce art that demands these constraints from a bygone era. You might as well be writing 15-hour Ring Cycle knock-offs and hoping that they'll be performed at the local opera. I mean, yes, there's a tiny market for that, but it's hardly what you'd call contemporary art.
So that's the artistic reason. Finally, there's the ethical reason. And the ethical reason is that the alternative is that we chide, criminalize, sue, damn our readers for doing what readers have always done, which is sharing books they love—only now they're doing it electronically. You know, there's no solution that arises from telling people to stop using computers in the way that computers were intended to be used. They're copying machines. So telling the audience for art, telling 70 million American file-sharers that they're all crooks, and none of them have the right to due process, none of them have the right to privacy, we need to wire-tap all of them, we need to shut down their network connections without notice in order to preserve the anti-copying business model: that's a deeply unethical position. It puts us in a world in which we are criminalizing average people for participating in their culture.
JT: What was it that the philosopher J. L. Austin said? "Things are getting meta and meta all the time." Almost of necessity, because if you don't have meta-level discussions and filters (and we have MetaFilter), bloggers like kottke and boing boing—in academia I'm going to Arts & Letters Daily and Crooked Timber—you'd never be able to fire through all the cool things to which we now have access. By making use of a small number of editorial nodes, we can cover lot more of the network. But it's more interesting than simple efficiencies, isn't it? I interviewed Douglas Wolk earlier this week and he said something pretty profound: "Each blogger is a gravitational center, great or small, but there's no sun they're all orbiting around." Yochai Benkler, too, with his idea of the bow-tie model, talks about how, because of shallow paths and the small world effects of the Internet, this idea that there are these multiple centers of gravity mean it's not like there's one giant "culture" that's omnipresent, along which there's this Power Law distribution that drowns everything out. Instead, there are tons of these smaller gravitational centers, each with their own orbits; each with their own authors, interests, inclinations to reach outward and bring other things in... it pretty well vanquishes certain notions of centrality, the cry that says, "Holy shit: I'm not in The New York Times! Nobody in our culture will ever find me!" That's nonsense. You can have an audience of millions, maybe none of whom have ever read The New York Times.
CD: You just recapitulated in reverse the panic of Andrew Keen. What Andrew Keen has got his pants in such a ferocious knot about is that we are losing our "culture." Basically, if you unpack his arguments they come down to this: He thinks The New York Times did a pretty good job of figuring out what was good and he doesn't like the idea that they're not the only way of doing it and that it's getting harder to figure out who to listen to and media literacy is getting harder and that means bad stuff is going to become important and that wouldn't have happened if only the wise, bearded, white-robed figures at The New York Times had been allowed to continue to dominate our culture. That's really where he's coming from at the end of the day.
JT: In fairness to the Times, they not only pay well, but they do a good job of reaching out—to their guest-bloggers, for instance. The Guardian does, too.
CD: Yes, they do and they do. But as a writer, actually having all these different venues in which my work can appear has actually turned out to be better and not worse. So for one thing, the free online distribution of my work has created new opportunities—it's like dandelion seeds blowing around that find all the cracks in the sidewalk that I never would have been able to find just by walking around and planting them. One of my favorite reprints was one I sold to a magazine who'd found the text in the word-salad at the bottom of a spam e-mail. So even the spammers are helping me.
JT: That's really funny. In another interview I did, the one with Ted Genoways, he said something that I hope a lot of people pick up on, because I think it's incredibly important to this discussion. What Ted said was that, after doing their big South America in the 21st Century issue—for which they got a lot of good press: authors on NPR, segments on PBS—they got a small amount of traffic from mainstream media. But then Jason posted a small link and they got 25,000 visits that week from kottke.org.
CD: I think the most important thing about that anecdote isn't the amount of influence that kottke.org wields, although that's an interesting component of it, but how cheap it is to become kottke.org—to maintain Kottke Enterprises, Ltd. It's so cheap it's the rounding error in the coffee budget of the smallest department of one of the main publishing conglomerates. That's all it costs Jason to run his website.
Boing Boing, and I'm not just talking cash costs—but also organizational costs, the Coasian costs, of doing this are so low. Boing Boing, for the first five years, we never had a physical meeting. We had never all been in the same room until we had been in business for five years. We had 25 phone calls in the entire history of the business.
So, a lot of bloggers can wield tremendous influence, and become disruptive forces in the media marketplace, very cheaply. If you have someone who's enthusiastic and compelling and that person is very close to the purchase decision—you know, it probably drops off with the square of the distance, right? So you can have a person like Oprah, who's so compelling that the fact that she's extremely distant from a book she's pitching is not wildly important, because she sends such a strong signal that even though it attenuates quickly that signal is still very strong. Who was the President who popularized the James Bond novels? Kennedy? He mentioned it and he turned James Bond into a phenomenon. The corollary of this is that a weak signal heard close in is also an extremely powerful way to sell books. So, we've historically relied on strong signals at great distances, but the other way to do this is weak signals close in. And we have new ways to get close: with things like Amazon links, the signals don't have to be very strong at all.
This is also an essential component of the value of the free electronic copy. The microcosm for that is "here's a free electronic copy... talk about it in IRC with two other people." And that gets you the same thing. You don't even have to send out a physical review copy & those people, if they like your book, will start sending the book to their friends.
JT: It all sounds good—but let me go on record as, in the broadest range of things, a middling copyright defender. But I loved Tim Wu's piece in Slate. Did you read that? On how selective enforcement of copyright shows just how broken copyright law is? But—let's get to the complications of sending out free work. If somebody started passing off your work as their own, you would not be happy.
CD: I went to elementary school with Tim. It's a small and funny world that the two of us would end up as Lessig's proteges. But to your question: that's not copyright, that's fraud. That's plagiarism.
JT: OK, if a publisher started selling a book written by "Frank Smith," but that contained only your words—isn't that a danger to giving your stuff away electronically, for free?
CD: So, let's pick the issues right. Let's first of all say that fraud or plagiarism is bad for a number of different reasons—not all of them having to do with the writer, some of them having to do with the reader. Readers deserve to know that the thing that they buy has been accurately labeled. I also wouldn't approve if someone sold Coke in a Pepsi can. Not because I particularly like either beverage, but I think fraud is wrong. So that's the first question. The second question is, "How would I feel if a corporation misappropriated the fruits of my labor and profited by it without my permission?" And that's a meatier question, but when you conflate the two you just confuse the issue.
I guess it depends on the kind of profit and how they're profiting by it. So, I don't get upset if a carpenter sells a bookcase to someone and makes money because that person needs somewhere to put my book. Even though that carpenter is benefiting from my labor. So I think reasonable people can agree that there are categories of use that you have no right to recoup from. And I think that, for example, search results fall into that category. You know, the fact that Amazon or Google want to show quotes from your book alongside search results for people who are trying to find out which books contain which string, I think it's just crazy to say that you deserve to be compensated for that—even if they could figure out a way to make money off of it. Indexing books is just not in the realm of things that we deserve to get compensated for, any more than library lending is.
And I know that in Europe they do have a library right, and you actually do get compensated for library use. I actually think that's kind of gross. I don't think that's good public policy. If we want to subsidize writers with public money, don't take it out of the budget of the library. What a disaster for public policy, for good stewardship, to take money out the hands of the public libraries. What a disaster that writers have actually endorsed this plan.
So that leaves us with a narrower category of uses, which are the uses that are neither cultural nor in the realm of accepted, normal, reasonable exceptions to one's copyright: where it's a direct infringement and there I do in fact object to a commercial publisher reproducing my work without giving me money for it, holus-bolus, in a way that is not consistent with fair use and historical exceptions to copyright.
But that's not the same thing as objecting when a reader does it. I think that we've always had a different set of rules for what non-commercial actors do than for what commercial actors do. What commercial users of a work do is industrial—that's copyright; what non-commercial users of a work do is just culture, and culture and copyright have never had the same rules, although according to the law books they do. But the costs of enforcing them culturally—against the person who sings in the shower—those enforcement costs are so high that historically we've treated that activity as though it weren't an infringement, when in some meaningful sense it is. So, the fact that the Internet makes it possible to enforce against certain cultural users I don't think means that we should enforce against cultural users, or start pretending that schoolchildren should be taught copyright so they can understand it better and not violate it. If things that schoolchildren do in the course of being schoolchildren violate copyright, the problem is with copyright—not with the schoolchildren.