It is hysterical. It's contrary to not only to the very notion of
media, but also contrary to the current momentum of what's going on
web wide.

Not only are all the major video hosting sites encouraging linking and
especially embedding their videos in other webpages, but the business
models such as advertising are starting to endoctrinate and embrace
this model too.  The point being a view is a view... you can't stop
it, so why not put the add in the video and embrace and encourage it.

The rules of the changing despite what copyright says, because some of
the more extreme fringes of copyright is directly at odds with
fundamental properties of the digital real and the internet. Necessity
is not only the mother of innovation, but of change... and not even
law can stand against it.

Since we've begun video podcastin in 2004 the mediated web has gone
from one of scare online culture to a web of rich and diverse culture
of music and video and photos and mp3's.  General perceptions of
"giving it away for free" have nearly done a 180 in recent years.  I
remember when only a few years ago you were lucky as hell if you could
find a downloadable movie trailer... it was all WMV, Real or
nothing... now your movie doesn't exist unless you have atleast one
downloadable movie trailer... movie studios have learned to let go and
embrace the free sharing as a matter of marketing.  It's the same way
with mp3's and artists... and can you believe that in a time before
flickr people only used to share thumbnails of their images... where
now 90+% of flickrites allow you to download 4, 7 and even 11megapixel
photo originals.

Now we can laugh about this judge who thinks it's illegal to link
directly to videos, but when Lucas Gonze started webjay only a few
years ago he risked serious legal peril for hot linking to mp3's on
the open web.

If I'm proud of one thing it's that the media rich culture has in the
last 2 short years exploded.

Someone once said that we had to drag american culture out onto the
open web kicking and screaming... and we so have.

Five years ago height of popular culture was britney spears... now
it's dominated by the likes of youtube and other services... which
really is all about hundreds of thousands of people...

I think it's safe to say in only a few short years we've made the
cultural transition from a culture dominated by television and radio
to a culture dominated by the internet and with it a whole new
cornicopia of participatory culture has awakened.

Some people may point to television and radio and popular music and
say they haven't really slowed down... but who said they would?
Certainly not me... while we are transitioning away from such a
culture where television and radio dominate... the irony is they will
not shrink... in fact they will be free to grow.  It's not a zero sum
game... the market doesn't just move from one place to another, it
grows... why? The longer the tail the bigger the head... Because we're
in a culture of appreciation for one.People aren't born appreciating
design, or music, or hollywood movies... these are not instinctual...
they are not even necissary, they are aspects of participation and
appreciation of culture, just like art... the more participation the
more appreciation, the more growth...  This is why you don't find
world class fashion designers in small town america... they move with
the heard in new york or paris or elsewhere... because more
competition... more designers.... creates more appreciation for
design. We're all clothed... we don't need the gucci... yet still we
want the gucci... the why is the story of the future of all
intellectual property.

 And so it does with music and movies. Participation breeds appreciation.

Secondly, because the global marketplace believe it or not is not
totally saturated with american culture and technology... we've in
fact barely scratched the surface. 5-10 years ago there were people in
poverty in china than there were in the whole western world
combined... they have increasing buying power... I'm not saying
they're going to all rush out and buy american culture at all... in
fact I'm sure we'll do as much buying of chinese culture as they do
U.S. but it's such a hugely untapped market... and the same goes for
india, and africa and south america. Right now the U.S. consumes
something like 1/3 of the world's resources. That's changing.

In summary... the market for intellectuall propery is EXPLODING...
after years of being put on the shelf or more the couch millions of
consumers world wide are becoming creators... we are just at the very
very start of this future. The internet like the printing press...
like the discovery of the new world is a change which will take
centuries to play out. But it's going to create a cornicopia of
intellectual goods... of music, writing, ideas, innovation, and
culture.

Maybe it's just my christmas sentimentality, but it's just been an
amazing two years. To sit at the foot of this thing and watch it
explode and know that we've barely scratched the surface is a
remarkable thing.

Only two years ago i litterally used a few tools like fireant and
various scrapers to litterally scrap the internet and I could easily
keep up with every bit of flash and video that crossed the web. There
were maybe a hundred videos at most a week traveling around the web
doing the rounds. Unbelieveable when looking back now, but true... now
there's hundreds of thousands of original videos that hit the web each
day. It's a mind boggling change.

We're definitely in the midst, the start of a global shift in the way
the world connects, and hence the way it functions.

Peace,

-Mike
mmeiser.com/blog
mefeedia.com
On 12/26/06, Mike Hudack <[EMAIL PROTECTED]> wrote:
> Already blogged about:
>
> http://blog.blip.tv/blog/2006/12/26/direct-linking-to-videos-illegal/
>
> > -----Original Message-----
> > From: videoblogging@yahoogroups.com
> > [mailto:[EMAIL PROTECTED] On Behalf Of Mike Meiser
> > Sent: Tuesday, December 26, 2006 4:48 PM
> > To: videoblogging@yahoogroups.com
> > Subject: [videoblogging] Fun legal developments
> >
> > Microsoft attempts to patent web based RSS aggregation.
> >
> > http://news.com.com/2100-1012_3-6145636.html
> >
> > I wrote about it here:
> > http://mmeiser.com/blog/2006/12/microsoft-patents-web-based_26.html
> >
> > Also...
> >
> > ***Judge deems direct linking, so called "hot linking" to
> > videos illegal***
> >
> > http://www.techdirt.com/articles/20061221/191554.shtml
> >
> > Lucas Gonze of webjay should love the hot linking one... as
> > should yahoo and anyone with a video search engine, or who has a blog.
> >
> > It's happy holiday hoots all around.
> >
> > -Mike
> > mmeiser.com/blog
> > mefeedia.com
> >
> >
> >
> > Yahoo! Groups Links
> >
> >
> >
> >
>
>
>
> Yahoo! Groups Links
>
>
>
>

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