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A Lesson from Steve

October 5, 2012

But why, some say, the moon? Why choose this as our goal? And they may well ask why climb the highest mountain? Why, 35 years ago, fly the Atlantic? Why does Rice play Texas?  …We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills….

President John F. Kennedy, Jr. at Rice University
Houston, Texas, September 12, 1962

It’s still hard to believe he’s gone, but Steve Jobs passed a year ago.  I was on a panel at Digital Music Forum West this week about how to “fix” copyright.  My view is that there’s nothing fundamentally wrong with copyright.  Copyright doesn’t hurt artists, it’s people who hurt artists.

Of the many admirable and really difficult things that Steve did in his life that led his industry, one of them has to be his embrace of respect for copyright–including other people’s rights, not just his own.  It is important to note that at the time Steve founded iTunes Music Store this took no small degree of courage because the thinking in his industry was definitely running the other way.

Led by the irresponsible Lawrence Lessig and Wired Magazine and soon by Google, the “new tech” industry at the time was captivated by a strain of “Internet Freedom” that made it easy for Big Tech to profit from the human misery of others in a bubble of moral relativism.  Since “Internet Freedom” is an empty vessel that is filled from time to time with the blood money of lobbyists, it took real leadership for Steve to turn his back on this “getting away with it” culture and chart his own course.

Not surprisingly, Steve’s choice to embrace the copyright of others has led to enormous financial reward for his company and his employees.  He took an already great company and made it greater–ultimate vindication for the “Newton,” if you ask me–and he also put a lot of money into the hands of artists.

Imagine if instead of Steve Jobs running Apple, the company had an off the rack Valley stereotype like Eric Schmidt who would have seen his role as destroying artists for his own profit.  Imagine if instead of a sanctuary for artists it had become Apple the Destroyer?

And believe me, it would have been easy for Steve to do that exact thing.  He chose to do the thing that was moral, that presented a proper challenge, that would “organize and measure the best of our energies and skills.”  He chose to do the thing that was hard.

And for that alone, we should all be grateful.

“A Mind Forever Voyaging Through Strange Seas of Thought — Alone”

  1. October 5, 2012 at 10:10 | #1

    Of the many admirable and really difficult things that Steve did in his life that lead his industry, one of them has to be his embrace of respect for copyright–including other people’s rights, not just his own. It is important to note that at the time Steve founded iTunes Music Store this took no small degree of courage because the thinking in his industry was definitely running the other way.

    Spot on Eric.

  2. October 6, 2012 at 11:48 | #2

    I like nearly all your posts, Chris. I like this one too. But Steve acknowledged, a few years after the iPod came out, that well over 90% of the tracks on those devices were unauthorized copies. If he had made the product incompatible with mp3′s, would he have done more of a service to artists? The elegance and simplicity of the device easily made it the dominant one. But if it only accepted AAC format, maybe the industry would have been much better off.

  3. Chris Castle
    October 6, 2012 at 13:10 | #3

    Thanks Marc, I would point you to a post I wrote in 2006 (yet another nugget of overlooked genius) “What Not Sell MP3s?” http://musictechpolicy.wordpress.com/2006/09/10/why-not-sell-mp3s/

    I agree with you that Steve made a conscious decision to support both the MP3 format and the Fairplay format and that decision had to be informed by the vast illegal library (vast even in those early days). My question was never why he supported mp3 but why the labels did not–or more precisely why the labels did not for so long.

    In the early days of online licensing, labels told entrepreneurs that if your name was Steve Jobs, you got to sell in a format everyone wanted. If your name was not Steve Jobs, then you got to sell in the format nobody wanted, i.e., WMA. The sublime indifference to reality that this policy reflected was truly stunning. I can recall many discussions with labels (putting it kindly) in which I informed them that recouping the advance they wanted for the privilege of selling in the “other” category would require the retailer to sell more tracks than had ever been sold in the WMA format in the history of music.

    Realize that the retailers who were forced to sell in WMA included all companies other than Apple that had the resources to launch an onine consumer brand (which I usually estimate at an all-in number of $100 million or so over 3 years). So by insisting on forcing these potential Apple competitors to hobble themselves in a format that could not even be played on the most successful music player, the labels gave Apple competitive sanctuary.

    Apple enjoyed this for quite a while. I have always believed that the reason Steve came around to convincing the labels to accept mp3 the same way he convinced them to accept digital in the first place was for a simple reason. He’d achieved such a lead on his competition that continuing to permit this farce to go on was actually going to cause him some potential anti-competitive problems somewhere in the world. Plus his success was just getting embarassing given all the help he was getting from the labels and their post-SDMI hangover.

    I vividly recall a conversation with a major label exec who was complaining about Apple’s dominance during this WMA period. After telling the exec that he had actually done more than his share to give Apple its success by crippling its competition with WMA, he then switched in midstream to saying that maybe it was OK to have one retailer.

    As Steve would say, primitive thinking.

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