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The
locus of popular dissent in the Western world is
changing. If the streets of major cities can
still be used for political confrontations (witness
Seattle 1999), new venues have appeared. The
Internet is one of them, with a twist: it is
both the place where the battles are waged and
the stake of the conflicts. These conflicts
flared up almost incidentally, when a few
American teenagers opened Web sites to celebrate
and share their passion for rock music, films,
cartoons, or TV series.
Soon however, the entertainment industry
considered that the sounds and images used on
the sites constituted unacceptable infrigements
of copyright and filed lawsuits against their
founders. In turn, litigation triggered the
protest of an increasing number of young people
so that what started as mere expressions of fan
interest is now likened to an ideological
conflict, a youthful rebellion against the
transnationals of the entertainment business and
capitalism at large, in the name of political,
artistic, and economic freedom.
The
claims made by the media however (and indirectly
by the transnationals themselves through their
sheer reaction), that these youths are
tantamount to revolutionaries, or at least
rebels, need to be examined.
Have these teenagers actually
empowered themselves or are they only "manufactured
individuals," the mere puppets of the
culture industry, whose very rebellion is part
of the plot? Can these events be seen as a
reenactment of the students' movements of the
late 1960s, with a genuine political involvement?
How do they alter the use of the Internet and
the concept of popular culture itself? Could
their outcome seriously challenge the
entertainment industry and dictate new business
models? What part do Europeans youngsters play
in these struggles? Here are some of the issues
I would now like to address.
Let me first sketch the origin
and nature of these conflicts. It is in the
music business that the challenges are the most
serious, with the coming up of files-sharing
sites like Napster and in its wake a few others
(Gnutella, Scour, CuteMX, Freenet, iMESH), which
offer a revolutionary means to access music
through the Internet1. They enable their users
to share songs and swap music files which they
already have compressed on their computers' hard
drives in MP3 format, with other users of the
same sites, a free, simple, and fast process
which at the time of writing, December 2000, had
attracted 38 million users on Napster alone.
Obviously, most of the songs thus exchanged are
copyright protected, and, as a result, Napster
and Scour were sued by the Recording Industry
Association of America on behalf of the five
majors (Time-Warner, Bertelsmann AG, Universal,
EMI, and Sony) for tributary copyright
infrigement, i.e., contributing to and
facilitating other people's infrigement.
If digitalised TV programs or films can
be exchanged on some of these sites (Gnutella
for instance), most visual documents are traded
on specific fan sites set up by devotees of the
Simpsons, Buffy the Vampire Slayer, the X-Files,
Star Trek, Friends, Star Wars and the like.
Though the images circulating are usually
outtakes or rarities with no real commercial
value, industry giants like Fox, Viacom, Time
Warner, or Paramount have attacked their
creators by means of cease-and-desist notices,
asking them to remove copyright material. The
reason for suing given by the entertainment
companies is that they are themselves liable if
the work of members of the Screen Actors Guild
appears on Web sites.
But
there are other, less glorious motives, such as
the networks' desire to sell related merchandise
on their own sites (whereas fan sites are mostly
nonprofit and noncommercial), or their effort to
prevent the détournement and distortion that
the images are subjected to by the fans.
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