Law in the Internet Society

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StevenWuFirstPaper 16 - 27 Jan 2010 - Main.EbenMoglen
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I would appreciate comments on my paper from anyone willing to give them.
 
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I. Introduction

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It is hard to generate revenues from the sale of zero-marginal cost goods. Although regulatory protection has previously guaranteed profits, these protections are becoming easier and easier to circumvent. Companies are turning to alternative methods to generate revenues. There are four predominant methods of generating revenues based on zero-marginal cost goods. (1) Sell other goods and services bundled with zero-marginal cost goods. (2) Deliver zero-marginal cost goods in a more effective way. (3) Use zero-marginal cost goods to learn about the users of the goods. (4) Deliver zero-marginal cost goods with advertising. The first two focus on being able to generate monetary profits directly related to zero-marginal cost goods. The latter two attempt to generate capital other than monetary profits.
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It is hard to generate revenues from the sale of zero-marginal cost goods.

Not necessarily. Sellers of pirated CDs and DVDs do very well, for example. That's why drug dealers get into the business: it is more profitable and less illegal.

Although regulatory protection has previously guaranteed profits, these protections are becoming easier and easier to circumvent. Companies are turning to alternative methods to generate revenues. There are four predominant methods of generating revenues based on zero-marginal cost goods. (1) Sell other goods and services bundled with zero-marginal cost goods. (2) Deliver zero-marginal cost goods in a more effective way. (3) Use zero-marginal cost goods to learn about the users of the goods. (4) Deliver zero-marginal cost goods with advertising. The first two focus on being able to generate monetary profits directly related to zero-marginal cost goods. The latter two attempt to generate capital other than monetary profits.

 

II. The Strategies

1. Selling Zero-Marginal Cost Goods Based on Bundling with Other Goods

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Zero-marginal cost goods can be bundled with other tangible and intangible goods to generate a profit. Examples of tangible goods that can be sold include human labor for modification and servicing, hardware to consume the zero-marginal cost goods such as video game systems or computers, and freedom from legal harassment particularly for the music and movie industry. Examples of intangible goods that can be sold include charity from sponsoring a productive activity, community from Apple products, authenticity from bottled water, and emotional security from paying for antivirus software. The very act of paying for the product is intimately related to these feelings of charity, community, authenticity and emotional security.
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Zero-marginal cost goods can be bundled with other tangible and intangible goods to generate a profit. Examples of tangible goods that can be sold include human labor for modification and servicing, hardware to consume the zero-marginal cost goods such as video game systems or computers, and freedom from legal harassment particularly for the music and movie industry.

At this point, it is simpler to say that the service business is enabled by free software, rather than saying the software is being sold along with the services. That's obviously true with respect to complementary hardware.

Examples of intangible goods that can be sold include charity from sponsoring a productive activity, community from Apple products, authenticity from bottled water, and emotional security from paying for antivirus software. The very act of paying for the product is intimately related to these feelings of charity, community, authenticity and emotional security.

Perhaps. But that's a really strained way of saying that the consumers bought the product because the product made them feel a certain way. To say that they were sold the feeling is simply an advertising metaphor, not a description of a transaction.
 

2. Selling Zero-Marginal Cost Goods Based on More Compelling Delivery

Revenues can be generated by delivering zero-marginal cost goods more compellingly. At times, the delivery can be based on convenience, speed and reliability. At other times, providers can attempt to compel users to purchase zero-marginal cost goods by destroying the value of the good once it is divorced from payment.

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Convenience is particularly important for pornographers. Pornography is readily accessible for free on the internet, yet subscription sites are still profitable. Subscription sites allow individuals to have the convenience of downloading large amounts of high-quality pornography from one high-speed location. Such sites are usually easily navigable and provide a high degree of reliability. Users are willing to pay for this convenience even when pornography is available for free.
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Convenience is particularly important for pornographers. Pornography is readily accessible for free on the internet, yet subscription sites are still profitable. Subscription sites allow individuals to have the convenience of downloading large amounts of high-quality pornography from one high-speed location. Such sites are usually easily navigable and provide a high degree of reliability. Users are willing to pay for this convenience even when pornography is available for free.

You undermined your argument. Whatever "high quality" means to you, it is evidently distinct from the convenience of delivery.
 Forcing users to update their zero-marginal cost goods on a frequent basis is another way to compel users to pay for a subscription-based service for the goods. The reliance on updates is particularly important when users interact with one another. Even if the software of massively multi-player online role-playing games can be replicated, users are willing to pay for subscriptions because the games are routinely updated and updates are required to interact with other users.
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Same thing. If the real point is that access to other players is controlled at the server, what is being sold is access to services.
 

3. Delivering Zero-Marginal Cost Goods while Collecting Data

Providers of zero-marginal cost goods can also generate profits through data aggregation. Examples of this include Google's search engine, Facebook and G-mail. Data aggregation is useful for three reasons. First, businesses can use this information to develop products to solve the user's problems. Second, businesses can use this information to design more effective advertising campaigns. Third, businesses can sell this information to other businesses that can use the two aforementioned strategies.

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This taxonomy is a false simplification. Simpler to say that some bitstreams are used to barter with users for resaleable personal information.
 

4. Delivering Zero-Marginal Cost Goods with Advertising

Zero-marginal cost goods can also be delivered with advertising attached. Delivering zero-marginal cost goods with advertising does not directly increase the flow of funds from users to producers. When software providers are paid, they are paid by businesses looking for advertising channels. Users are not expected to provide monetary capital. Rather, they are expected to provide their attention, which will be converted into capital at a later date through an increase in brand value. Advertising is particularly effective when combined with data aggregation.

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Once again, you get these sentences by distorting a simpler underlying account. Advertisers pay to have their messages attached to other messages or digital services consumers want.
 

III. Combining Strategies

There is often a struggle between users and providers who utilize the latter two strategies. Users can block advertisements or impede data aggregation. Users are especially reluctant to suffer advertising and data aggregation if they know of other products that are equally effective without similarly annoying features. Once users are familiar with alternative products, providers must pursue the former two strategies. However, if the latter two strategies are performed in a highly competent way, they become the former two strategies.

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 How about teaching people how to use zero-marginal cost goods? Like the example that Professor Moglen gave in class, of the father who wanted to pay the teachers to teach his son how to use the free software that his son could use to paint?

-- AllanOng - 30 Nov 2009

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To me this has a little bit the feeling of "making things simple enough for business school students to understand." It's like a report on the Venice Biennale written by a seller of art supplies, or, worse yet, an investor in art supply companies. Everything you say seems to me to be accurate, though much of it can be said way more simply, usually by the straightforward method of treating the commons as a commons, and observing that the commons enables surrounding economic activity in certain relatively predictable ways.

The main question is, so what? We do not attend the art show in order to figure out which art supply companies made money off it: we go to look at and be affected by the art. You have evolved a taxonomy of what the people who do not understand what's going on think about instead. That's not useless, by any means, although I think its utility to any individual businessman is slight. What can it do for those of us who are trying to see more deeply than the superficial level at which the moneymaker swims?
 
 
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Revision 15r15 - 30 Nov 2009 - 18:09:41 - AllanOng
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