Monday, December 24, 2007

Tech Bubble Burst and Blown Again and Again

This is an update on the Tech Bubble video. The original was first found at Businesspundit where it stopped working and still doesn't work. Same with a number of other sites that featured the video. Below is a working copy of the banished version of the video found at Marketing Pilgrim. This time the video is through Metacafe instead of using YouTube.

Here Comes Another Bubble - video powered by Metacafe

Now we have the 'legal', 'authorized', 'well nobody is complaining as much so we can enjoy it' version below. I wrote that if it was Fair Use then Richter Scale should be able to keep the video up, but if it was not then they should re-edit the video (which they did) and apologize (which they did not). This version has a list of credits at the end. Whether or not this was truly Fair Use has still not been settled. At least not to the point where we have a legal and even moral principal to base future decisions on. We have a problem if that question can only be settled through long legal battles or if Fair Use becomes the easy out for not paying for artistic or private content. You have your choice to not view the first video if you think Fair Use did not apply, or you can compare to see the difference.

Richter Scales did not to my knowledge and according to their blog make any money off of the video. That does not settle the issue, but it does go to the idea, at least to my mind, of artistic parody. What it does not do is provide a means of protecting artists and small entrepreneurs (or artists actually trying to make a living) who have to take risks in the marketplace. We still have not defined how we protect them except by Larry Lessig's quip, "Fair Use is the right to hire an attorney."

My original post and follow ups on this are here. It seems that we can put this little Internet imbroglio behind us. The larger issue, however, has not been resolved, merely put aside. The industry is still coping with the concept that there is a difference between fair use and free use. As this post is getting too long, and I am still tossing this issue around in my own head more will come later.

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