And so it begins.
Last week, YouTube began the laborious process of removing all clips of The Daily Show with Jon Stewart at the request of VIACOM, parent to Paramount Television, which runs Comedy Central, home to The Daily Show. This is no easy task; there are probably tens of thousands of clips of The Daily Show posted to YouTube. Not all of them are tagged well, so – despite its every effort – YouTube is going to miss some of them, opening themselves up to continuing legal action from VIACOM.
It is as all of YouTube’s users feared: now that billions of dollars are at stake, YouTube is playing by the rules. The free-for-all of video clip sharing which brought YouTube to greatness is now being threatened by that very success. Because YouTube is big enough to sue – part of Google, which has a market capitalization of over 160 billion dollars – it is now subject to the same legal restrictions on distribution as all of the other major players in media distribution. In other words, YouTube’s ability to hyperdistribute content has been entirely handicapped by its new economic vulnerability. Since this hyperdistribution capability is the quintessence of YouTube, one wonders what will happen. Can YouTube survive as its assets are slowly stripped away?
Mark Cuban’s warnings have come back to haunt us; Cuban claimed that only a moron would buy YouTube, built as it is on the purloined copyrights of others. Cuban’s critique overlooked the enormous value of YouTube’s of peer-produced content, something I have noted elsewhere. Thus, this stripping of assets will not diminish the value of YouTube. Instead, it will reveal the true wealth of peer-production.
In the past week I’ve used YouTube at least five times daily – but not to watch The Daily Show. I’ve been watching a growing set of political advertisements, commentary and mashups, all leading up to the US midterm elections. YouTube has become the forum for the sharing of political videos, and, while some of them are brazenly lifted from CNN or FOX NEWS, most are produced by the campaigns, and are intended to be hyperdistributed as widely as possible. Political advertising and YouTube are a match made in heaven. When political activism crosses the line into citizen journalism (such as in the disturbing clips of people being roughed up by partisan thugs) that too is hyperdistributed via YouTube. Anything that’s captured on a video camera, or television tuner, or mobile telephone can (and frequently does) end up on YouTube in a matter of minutes.
Even as VIACOM executed their draconian copyrights, the folly of their old-school thinking became ever more apparent. Oprah featured a segment on Juan Mann, Sick Puppies and their now-entirely-overexposed video. It’s been up on YouTube for five weeks, has now topped five million views, and four major record labels are battling for the chance to sign Sick Puppies to a recording contract. It reveals the fundamental paradox of hyperdistribution: the more something is shared, the more valuable it becomes. Take The Daily Show off of YouTube, and fewer people will see it. Fewer people will want to catch the broadcast. Ratings will drop off. And you run the risk of someone else – Ze Frank, perhaps, or another talented upstart – filling the gap.
Yes, Comedy Central is offering The Daily Show on their website, for those who can remember to go there, can navigate through the pages to find the show they want, can hope they have the right video software installed, etc. But Comedy Central isn’t YouTube. It isn’t delivering half of the video seen on the internet. YouTube has become synonymous with video the way Google has become synonymous with search. Comedy Central ignores this fact at its peril, because it’s relying on a change in audience behavior.
Television producers are about to learn the same lessons that film studios and the recording industry learned before them: what the audience wants, it gets. Take your clips off of YouTube, and watch as someone else – quite illegally – creates another hyperdistribution system for them. Attack that system, and watch as it fades into invisibility. Those attacks will force it to evolve into ever-more-undetectable forms. That’s the lesson of music-sharing site Napster, and the lesson of torrent-sharing site Supernova. When you attack the hyperdistribution system, you always make the problem worse.
In its rude, thuggish way, VIACOM is asserting the primacy of broadcasting over hypercasting. VIACOM built an empire from television broadcasting, and makes enormous revenues from it. They’re unlikely to do anything that would encourage the audience toward a new form of distribution. At the same time, they’re powerless to stop that audience from embracing hyperdistribution. So now we get to see the great, unspoken truth of television broadcasting – it’s nothing special. Buy a chunk of radio spectrum, or a satellite transponder, or a cable provider: none of it gives you any inherent advantage in reaching the audience. Ten years ago, they were a lock; today, they’re only an opportunity. There are too many alternate paths to the audience – and the audience has too many paths to one another.
This doesn’t mean that broadcasting will collapse – at least not immediately. It does mean that – finally – there’s real competition. The five media megacorporations in the United States now have several hundred thousand motivated competitors. Only a few of these will reach the “gold standard” of high-quality production technique which characterizes broadcast media. The audience doesn’t care. The audience prizes immediacy, relevancy, accessibility, and above all, salience. There’s no way that five companies, however rich and productive, can satisfy the needs of an audience which has come to expect that it can get exactly what it wants, when it wants, wherever it wants. Furthermore, there’s no way to stop anything that gets broadcast by those companies from being hyperdistributed and added to the millions of available choices. You’d need to lock down every PC, every broadband connection, and every television in the world to maintain a level of control which, just a few years ago, came effortlessly.
VIACOM may sense the truth of this, even as they act against this knowledge. Rumors have been swirling around the net, indicating that YouTube and VIACOM have come to a deal, and that the clips will not be removed – this, while they’re still being deleted. VIACOM, caught in the inflection point between broadcasting and hypercasting, doesn’t fully understand where its future interests lie. In the meantime, it thrashes about as its lizard-brained lawyers revert to the reflexive habits of cease-and-desist.
This week, after two years of frustration and failure, I managed to install and configure MythTV. MythTV is a LINUX-based digital video recorder (DVR) which has been in development for over four years. It has matured enormously in that time, but it still took every last one of my technical skills – plus a whole lot of newly-acquired ones – to get it properly set up. Even now, after some four days of configuration, I’m not quite finished. That puts MythTV miles out of the range of the average viewer, who just wants a box they can drop into their system, turn on, and play with. Those folks purchase a TiVo. But TiVo doesn’t work in Australia – at least, not without the same level of technical gymnastics required to install MythTV. If I had digital cable – spectacularly uncommon in Australia – I could use Foxtel iQ, a very polished DVR with multiple tuners, full program guide, etc. But I have all of that, right now, running on my PC, with MythTV.
I’ve never owned a DVR, though I have written about them extensively. The essential fact of the DVR is that it coaxes you away from television as a live medium. That’s an important point in Australia, where most of us have just five broadcast channels to pick from: frequently, there’s nothing worth watching. But, once you’ve set up the appropriate recording schedule on your DVR, the device is always filled with programming you want to watch. People with DVRs tend to watch 30% more television than those without, and they tend to enjoy it more, because they’re getting just the programmes they find most salient.
Last night – the first night of a relatively complete MythTV configuration – I went to attend a friend’s lecture, but left MythTV to record the evening’s news programmes. I came back in, and played the recorded programmes, but took full advantage of the DVRs ability to jump through the content. I skipped news stories I’d seen earlier in the day (plus all of the sport reportage), and reviewed the segments I found most interesting. I watched 2 hours of television in about 45 minutes, and felt immensely satisfied at the end, because, for the first time, I could completely command the television broadcast, shaping it to the demands of salience. This is the way TV should be watched, I realized, and I knew there’d be no going back.
My DVR has a lot in common with YouTube. Both systems skirt the law; in my case the programming schedules which I download from a community-hosted site are arguably illegal under Australian copyright law, and recording a program at all – either in the US or in Australia – is also illegal. (You don’t sue your audience, and you don’t waste your money suing a not-for-profit community site.) Both systems give me immediate access to content with enormous salience; I see just what I want, just when I want to. YouTube is home to peer-produced content, while the DVR houses professional productions, works that meet the “gold standard”. I have already begun to conceive of them as two halves of the same video experience.
It won’t be long before some enterprising hacker integrates the two meaningfully: perhaps a YouTube plugin for MythTV? (MythTV is a free and open source application, available for anyone to modify or improve.) Perhaps it will be some deal struck between the broadcasters and YouTube. Or perhaps both will occur. This would represent the kind of “convergence” much talked about in the late 1990s, and all but abandoned. Convergence has come; from my point of view it doesn’t matter whether I use MythTV or YouTube or their hybrid offspring. All I care about is watching the programmes that interest me. How they get delivered is nothing special.