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On Piracy
The terribly dry yet fascinating Harper’s Magazine recently featured in its ‘Readings’ section an excerpted essay taken from a book, out this month, entitled Stealth of Nations: The Global Rise of the Informal Economy. The following is a summary and rebuttal of some of the key points made.
The excerpt begins in China, where intellectual property theft is, as most of us know, already rampant, and has been for several years. There are contributing factors for this. One is a market that allows around only 20 Hollywood films to be released every year. Another is the premium placed on legitimate DVDs sold in emerging economies like China. As The Economist reported in August, DVDs of The Dark Knight sell for $663 a copy in India. In China, the LA Times reports, counterfeit DVDs may have more special features than the genuine article. This last point taps into what most advocates of piracy usually tubthump; piracy gives people what they want. Not necessarily just regarding price – Zeitgeist would be hard pushed to fork out $663 for The Dark Knight – but also with regard to access and to functionality of the product. At The Future Laboratory‘s Spring/Summer trends briefing earlier this year, the emphasis was on loosening control over proprietary technology, collaborating with others in order to enhance innovation and ultimately help make the product better.
The product in question in this bazaar, however, is not DVDs; “There’s essentially just one product sold here: mobile phones.” The handsets are all knock-off, counterfeit items, playing on and abusing the brand equity of established companies with names like “Sansung”, “Motorloa” and “Sany Erickson”. It brings to mind the episode of the The Simpsons when Homer is duped by brands like “Panaphonics” and “Sorny”.
The competitive advantage for these products over their authentic brethren is the price. With no need for an R&D budget, the price of a “pirated Nokia N73 [is] $85, a fifth the cost of a real N73”. The author predicts sellers get an “extraordinary” 100% return on the initial investment. This, then, is big business. Big in the terms of holistic number of customers, returning multiple times, and big in the sense of the amount of profit it turns, and the number of people employed in such activities.
“The International AntiCounterfeiting Coalition… predicts that, with hundreds of thousands of industrial workers still facing unemployment and dislocation from the global recession, China will allow more piracy in order to prop up employment and avoid potential civil unrest.”
The author contends that this kind of behaviour is entrenched in society, and owes its debt to Bernard Mandeville, who argued for liberalising the market to the extent that things like tax-dodging, piracy and overcharging were “good for society”. The pamphlet in which he extolled his virtues became extremely well-known because pirates quickly got a hold of his six penny publication and distributed it in half penny sheets. This obviously made Mandeville no profit, but it raised his profile no end and, according to the author, “gave him the opportunity to publish a new edition”. Keeping as many people employed as possible, no matter the scrupulousness of their work, he argued, would lead to a better society than one dominated with excessive rules and regulations. And it seems, prima facie, that selling pirated goods allows access to consumers who can’t afford to pay full price. The difficulty, however, lies in whether the consumer can’t afford to or whether they just don’t want to. Whether someone whom a company would initially attempt to covet and convert to a prominent customer at a later age is instead lost to a world of pirated goods, which, not being subject to the same standards as the genuine article, ultimately disappoints the buyer and pushes them away from the brand entirely.
In a tale similar to that of Mandeville, the author Neuwirth suggests similarly that were it not for piracy, Shakespeare himself would also be confined to the realms of anonymity. During production of his plays, piracy allowed for other productions to run different versions – “King Lear was remade with a happy ending”, for example. In 1709, publisher Jacob Tonson bought the rights to the complete works, publishing them at a premium every fourteen years, “enough to secure his perpetual copyright”. When one upstart pamphleteer threatened to sell the plays in sets for a fraction of the price, the argument that ensued resulted finally in Tonson flooding the market with plays sold at a penny.
“Shakespeare’s plays were suddenly available all over London at rock-bottom prices – something that had never been true even in the playwright’s lifetime. A century after his death, piracy helped make William Shakespeare a household name across social classes.”
Without deep research it is hard to dispute this intriguing interpretation, except to say that some of the adaptations of the plays may well have fallen under today’s terms of ‘fair use’, and that perhaps what this example really demonstrates is the need for a regulatory environment, one that stipulates that culture be accessible to all, rather than leaving it to excessive price gouging. Similar stories occur in the present-day as Neuwirth moves on to illustrate the situation in Peru, where “more books are sold in pirated editions than official versions”. The price for a legitimate copy of a book is too steep for most people to afford; thus the piraters are the ones that undertake market research, attend book fairs, etc. This is a dramatic fault with the publishing industry in Peru, which clearly has missed business opportunities here by not aliging prices sufficiently with customer demand. This again, then, is an example where regulators should be stepping in to correct market deficiencies. It is not necessarily an excuse for piracy to be celebrated. An absence of morality is not an imprimatur for immorality.
The Business Software Alliance affirms that in 2008, piracy cost software companies $53bn. The author rightly challenges this, writing that the BSA “assumes that every pirated program represents a lost sale at full retail price”. With relatively high prices for products like Adobe InDesign and Photoshop, this thinking by the BSA is indeed questionable. In some cases, initial access to a pirated copy, much in the same way a legitimate trial version works, might well help incentivise the consumer to purchase the full, legal product. Interestingly, the author quotes a note, hidden away in the BSA’s results,
“‘Business, schools and government entities tend to use more pirated software on new computers than ordinary consumers do’. The government – the same entity that the industry calls upon to police piracy – is actually one of piracy’s largest patrons.”
This revelation is startling as it turns the notion that it is consumers who are the wrongdoers, consumers who need the educating, on its head.
The notion of piracy contributing positively to business turnover is a tough one though. The author contends that in the world of fashion, going from a world of ‘planned obsolescence’ (a term used for things like when BMW will decide to release their new version of the 7 series), to “induced obsolscence”, where piracy “spurs demand for new styles”. This may be so in some sort of roundabout way, but the presence of piracy can surely be said to do little for the customer trying to differentiate between the legal and the illegal product, and little for the brand. Louis Vuitton et al. have surely suffered considerable losses over recent years, and invested significant amounts of time and money on combatting piracy. Though an anonymous executive of a “major sneaker manufacturer” might concede piracy doesn’t really impact the bottom line, it is debatable as to whether this is the case for those in the high-fashion world.
Ultimately, while the rise of pirated goods allows consumers more options, it also requires them to be increasingly savvy about the products they are purchasing. An over-regulated environment may stifle innovation; collaboration among multiple entities has been proven to sometimes enhance the development of a product. Quality of craftsmanship is necessarily going to be harder to discern when purchasing a pirated good, though. The trick is to create a legal framework that allows businesses to thrive, to provide their customers with a product at the right price, and to employ people who are protected under laws that they would otherwise not be granted under illegal outfits.
Marketing “Tron”
Form follows profit is the aesthetic principle of our times
– Richard Rogers
You know your movie is knocking on the door of the cultural zeitgeist when razor brands are piggybacking off your product. Disney’s ‘Tron: Legacy’, released around a month ago, has accrued a great deal of spilled ink in newspapers and online. The reporting has focussed not only on the film itself, but also its unique design aesthetics and marketing formula across multiple platforms.
Zeitgeist has mentioned the film’s marketing activities before in it’s blog, including it’s three and a half year journey as a promotional campaign to screen, (surely a record). It was a good eighteen months before the December 2010 release of the film that electronic music duo Daft Punk were revealed to be composing the soundtrack. On a brand level, this was a good fit; those who were inclined to see Tron would find this news very exciting; it would hopefully also pique fans of Daft Punk’s interest in the film. The collaboration naturally allows for figurines, bears and awesome headphones to be created, too.
The razor mentioned earlier – the Philips Norelco Senso Touch 3D – could have been an exploitative gimmick launched without much thought of the product itself and how it connects to the movie or their audience. To it’s credit, as reported by brandchannel,
The maker of the new Senso Touch 3D electric razor is offering tickets to an advance screening of Tron: Legacy via a special website that includes a rebate offer, the ability to “customize your photo into the world of Tron,” and a sweepstakes with a $10,000 prize.
The above tactics all help build a connection with the movie itself, ameliorating the product in the eyes of the film’s audience, as well as building anticipation for the film’s release. The week of the release was when footwear designer Edmundo Castillo announced the arrival of a pair of LED ‘Light Sandals’ that, according to Luxuo “pay homage” to ‘Tron: Legacy’. They will retail at $1,650 at Sak’s from February 1st. The article also mentions eyewear manufacturer Oakley is releasing special 3D glasses to tie-in with the film’s opening. Nokia have employed a similar effort with the release of a new handset. More collaborations can be found in a very comprehensive article by brandchannel, here.
In the digital world, it would be ironic if Disney had dropped the ball. Similar to other recent accounts like that for the film ‘Inception’, the film featured several region-specific accounts on Facebook that were regularly updated, informal and promoted reaction and engagement. One of the best things that Zeitgeist saw on the account was the brief chance to attend a free 20-minute preview of the film in several locations around the country. Zeitgeist attended and found himself surrounded by a very particular type of demographic, who doubtless were exceedingly excited to be there, as evinced by their cheering when anything vaguely exciting happened during the select scenes shown. The other digital platform to be wisely exploited was that of videogames. We’re not there yet, but we are fast approaching a time when movies open to support the release of a new videogame, rather than the other way around. There has been a significant fanfare around the release of the videogame based on the film. The game(s) make the bold, yet logical and laudatory move, of differing greatly between platforms, based on the typical owner of such consoles, reports Reuters. For example, the more family-friendly Nintendo Wii’s version lets you race around on a variety of the vehicles featured in the movie. For other platforms, where hard-core gamers make up a bigger portion of the audience, the game delves deeply into the mythology of the films, providing a back-story only hinted at in the new film.
The film itself also sees a number of product placements, including Coors, Apple (so to speak) and Ducati. The latter’s placement seemed rather glaring to Zeitgeist, but to those not on the lookout for such placement it might blend in more easily and authentically. The prominent placement of the motorcycle was spotted by many on Twitter however, with mostly positive reactions:
Associating one’s brand or product with such a cool film is a way of adding to your cachet, to be cool by proxy. Most surprising of all the collaborations then, is that of Apple, who need engage in no such ‘cool by association’ tactics. Yet here they are with a very, very cool app on the iPad. Between the film and the tablet, which is promoting the other in this case is hard to divine.
All this talk of marketing ploys ignores the film’s greatest asset, it’s aesthetic beauty. The film is indeed a wonder to look at, hence how it has inspired so many product collaborations, particularly in the world of fashion. While Zeitgeist realised he was supposed to be feeling somewhat tense and anxious near the end of the film as the goodies race for home, the climactic chase scene is one of a stunning light display that leaves one fairly awe-struck. The design of the film as a whole has been influential enough for the Los Angeles Times to produce a feature on it recently.
You may of course just be looking for a Tron: Legacy Coliseum Disc Battle Play Set, or one of the 37 other items related (vaguely) to the film that Disney has commissioned. In which case, best to head here.
Rewarding Advocacy and Retaining Customers
How “24”, Louis Vuitton and a London restaurant attempt to make their brands worth engaging with.
Eye-catching advertising – like the one mentioned by Zeitgeist in the previous article posting – that succeeds in converting a person to being a new customer of a brand is one thing, but keeping them dedicated is quite another. As The New Yorker cartoon above demonstrates so humorously and effectively, engagement is what’s important. It’s about incentivising and rewarding your customer for their association (and, hopefully, evangelism) of the brand.
Zeitgeist has touched on location-based services several times in the past, and as the service continues its maturation process, we are able to judge better as to what kind of benefits it brings to marketers of brands. One is still left with the impression that network effects have yet to fully take hold for the myriad platforms – Foursquare, Gowalla, and more recently Facebook’s equivalent – that provide these services. Logically, greater and more plentiful benefits for those that sign up to these services would encourage those users to advocate others to sign up to them.
So what is the current state of affairs for rewarding users of such services? Well, first you can count out anyone who lives outside a major metropolitan city; the service has nothing to offer them other than who gets to be arbitrary mayor of which location. Sometimes, locations can be inaccurate enough that it looks like people are having a drink in a subaqua bar, as is the case above.
In the past week, living in London, Zeitgeist has experienced two offers through Foursquare that have had real-world consequences. Tuesday before last, as one of the first people to unlock the “Louis Vuitton Insider” badge, Zeitgeist’s presence was requested at the Bond Street Maison for a drinks reception, attended by several Vuitton employees from the marketing and digital disciplines, from both London and Paris. The chance to get to talk to such people, while browsing the store’s significant art book collection while munching on macaroons and sipping various beverages, leaving with a small gift, all were clearly tangible benefits for those guests who attended the evening. What of the business though? What benefits does it reap from organising such an event at reasonable expense? Ideally it gets to know its customer base better, though in this case, some of those who unlocked the badge were not habitual customers of Vuitton. Still, for those that are, the event would no doubt have encouraged a greater affinity toward the brand.
Yesterday at lunch near Covent Garden, Zeitgeist was early meeting his friend and decided to check-in on Foursquare. The reward for having done so was a free glass of wine. The benefits of free alcohol need not be extolled or delved into greatly in this article. However, the execution was sorely lacking. The waitress, when presented with the notification of this offer, was totally caught by surprise, and was not aware of any such offer. When the glass was ultimately brought – Zeitgeist was presented with a choice of “red or white?” – it was of course some substandard plonk that wouldn’t have been fit for a university ball. On the face of it, of course, this was not surprising; but it led to the question of what is the point of rewarding the consumer / shopper / person with something that is pretty poor and leads to a less enjoyable experience?
Zeitgeist can think of few experiences less enjoyable than competing against others to stay awake. Yet this is exactly the idea that 20th Century Fox have had, on the eve of the release of an enormous, diss-it-and-you’ll-be-waterboarded, boxset of the entire series of the hit show 24. Starting last night in Los Angeles, several “lucky” winners of a competition run entirely on Facebook will be subjected to every single episode of the series, while they compete with other viewers in a glass cube to stay awake. The campaign is also supported by a Twitter feed and, as Fox would have hoped, has been picked up by “24” fan blogs as well as the mainstream media, appearing in the LA Times. The campaign will have relatively little long-term impact, as the series has now come to end – though rumours persist of a film being made – but the idea for the competition, one of endurance, is very on-brand for the series, and has clearly sparked much chatter online. It should be noted that endurance contests are not always on-brand, or safe. UPDATE: The winners.
Media shakes and quakes
A quick round-up of some interesting news in the media world in the past 24 hours or so…
The scope of the BBC is to be drastically reduced. The TelecomPaper writes that the plans are to “reign in its website, close down two radio stations, cut management costs and focus spending more on quality, local programming.” News organisations have been complaining for some time that the BBC News website is taking traffic away from dedicated news publication sites, and in general this news will be music to the ears of James Murdoch, whose Sky continues to see ebullient profits.
Viacom and the US TV streaming service Hulu are parting ways, meaning hilarity such as The Daily Show with Jon Stewart will no longer be available on the site. The WSJ reported that they reached a “financial impasse”. Meanwhile, Hulu has launched its own show.
Apple is currently making the rounds of movie studios after paying a similar visit to the music labels in discussions to be able to provide users with their media in the cloud. The upshot is that users would be able to access their iTunes products from anywhere at anytime on their mobile devices. Zeitgeist looks forward to seeing this in action.
Lastly, if you’re planning to watch the Academy Awards this Sunday night at home on television, you’ll be in the same position as one of the producers whose film has been nominated for Best Picture and is seen as a front-runner. On the last day to send out one’s vote for the Oscar ballot, Nicolas Chartier wrote an email asking for his friends to vote for “Hurt Locker” rather than a certain “$500 million film”. The Academy have responded by banning Mr. Chartier from attending Sunday’s ceremony. The LA Times reports, “Should the film win best picture, Chartier would be given his Oscar at a later date”. The insight is that backstabbing isn’t kosher, even in Hollywood.
UPDATE: Very interesting post from TechCrunch on the Hulu / Viacom split; “The economic incentive is too great for media properties to centralize their videos on their own sites. But to consumers, this recentralization looks more like fragmentation”.