Pirates in the House

I think someone in the House needs to have a Crucial Conversation with the IT department.

Today I learned via BoingBoing that Torrent Freak had done some research into what the good folks over at the U.S. House of Representatives have been downloading on BitTorrent.  Yes, that’s right.  While drafting legislation to prevent piracy on the internet, some folks who work there were downloading books, movies, and porn.  Yes, porn.

But I’m not going to talk about the porn.  Much as I would love to get into that.  I want to focus instead on the books again.

The first one that TorrentFreak posted was Crucial Conversations. For those unfamiliar this is a popular business/management book that teaches people how to hold conversations when the stakes are high and they probably need to explain why something is happening that people don’t like.  You could imagine why people in Congress would need this book.

As I mentioned the other day, there are numerous publishers who are backing SOPA.  One of those publishers is McGraw-Hill, the publisher of Crucial Conversations.

Similarly, Do Not Open: An Encyclopedia of the World’s Best Kept Secrets and the How Things Work Encyclopedia were downloaded in the House.  Both of these titles are published by DK Press, a division of Penguin.  Penguin, is also backing SOPA.

Now, I’m not going to spend time going combing through the all the IP addresses of the House of Representatives on YouHaveDownloaded.com, but if anyone else does, and they find more pirated books please let me know.  Especially if those books are from publishing companies that are supporting SOPA.

Who’s Supporting SOPA? Publishers.

Loads of people have published the list of organizations and businesses who are supporting SOPA.  But not everyone knows what these companies are or what they do.  And looking at that four page list is kind of overwhelming to say the least.  So I’ve put together a little pie chart to help you wrap your brain around where this is coming from.  Take a look.

This chart shows the raw number of supporters per industry type who are listed on the House Judiciary Committee list supporting SOPA*.  I’ve removed all the law firms because damn near every one of them bailed for being misrepresented as supporting the bill.  There were 19 of them in this list. I’ve also removed the Graphic Artists Guild who also dropped the bill.  But everyone else I’ve left in here.

It’s no surprise really that Music is the largest industry represented here.  Music was the first battleground in internet change in the early 2000’s (see Napster).  Similarly the Movies and Television categories are no surprise either.  Of course Law Enforcement advocacy groups are in favor, because increases in enforcement mean expanding budgets.  And it’s definitely a sign of the times that the second largest group in favor right now are publishing companies.  Further down the chain you start to get into some quirky political action committees and luxury brands who are probably looking to crack down on counterfeiting.

But as I’m a librarian, I’m going to focus on the publishers for now.  Here’s the list as I see it.

Association of American Publishers (AAP)
Cengage Learning
Disney Publishing Worldwide, Inc.
Elsevier
Hachette Book Group
HarperCollins Publishers Worldwide
Hyperion
Macmillan
Marvel Entertainment
McGraw-Hill Education
MPA – The Association of Magazine Media
News Corporation
Penguin Group (USA), Inc.
Random House
Scholastic, Inc.
The Perseus Books Groups
W.W. Norton & Company
Wolters Kluewer Health

A couple of things jump out at me looking at this list.

Academic Publishing

The first being the academic publishing powerhouses that are Elsevier, Gale (via Cengage), W.W. Norton and Wolters Kluewer.  Elsevier owns nearly every academic journal that is published in the world, and they charge a bloody fortune for access to those journals.  Gale/Cengage provide a number of research databases, as does Wolters Kluewer.  And Norton is a publisher of many things, but primarily academic textbooks, as is McGraw Hill.

Publishers with eBook Axes to Grind

Harper Collins was noted earlier this year for changing their eBook access privileges to library eBook vendor Overdrive, where their eBooks will self destruct after 26 checkouts.  Penguin also got into some drama with Overdrive access privileges this November, when, during a dispute with Amazon.com, they chose to pull all of their eBooks from Overdrive.  Access was restored fairly swiftly as negotiations resumed, but that spectre of loss is still kind of looming. Similarly, Hachette Book Group pulled all of its titles from all of the eBook distribution channels in 2009 and even up to August of this year was still trying to sort out what to do with library access.

Hot Properties

Marvel and Disney (though Disney owns Marvel) own a lot of tradmarked characters, and they enforce the shit out of those trademarks.  I remember going to the ICv2 Graphic Novel Conference at New York Comic Con a few years ago.  There was a panel discussion on fan fiction and they had folks from Dark Horse, Marvel and Nickelodeon.  I remember vividly that the folks from Dark Horse were all about fan fiction, and that they mine sites like Deviant Art to scout new talent.  Similarly the guy who produces Avatar: the Last Airbender was really supportive of fan fiction as a way of encouraging children to be creative and tell new stories.  The guy from Marvel, sue the shit out of those fan fiction people (paraphrasing).  The look of aghast horror on the faces of the other panel members was priceless.  But it definitely made the point, and its the point that comic book companies and the Disney corporation have been making for decades.  These properties belong to us, and you can not use them for any reason.  As for Scholastic, I’m sure you’ve heard of Harry Potter.

Now, all of the groups that I’ve listed here are pretty strictly print/ebook publishers or advocacy groups that focus on publishing rights.  There are plenty of other crossover companies like Time Warner, which I classed as a television company, but also produces books and films.  So if you want to quibble with my numbers you can find them here.  Sorry that this is kind of sucky looking, but Scribd kind of breaks the formatting a LOT.


* In my original analysis I had tagged Pearson Education as a publisher, and its identified as such in the Scribd document, but looking closer into them they are more of a web education portal developer, kind of like Blackboard. I’ve removed them from the table on this article, but the number is still in the pie chart. So the pie chart number of publishers should be reduced to 17. Which is still the second largest industry involved in this piece of legislation.