Different Kinds of Free

Getting my TV shows online is fun, but certain companies annoy me.  It all boils down to the different kinds of free.

Anyone who uses Linux is familiar with the two kinds of free.  There's "free as in free beer," and "free as in freedom."  The truth is you, dear reader, already use both kinds of software, you just don't realize it.

Firefox is "free as in freedom."  The source code is available through the non-profit Mozilla Foundation (this was Netscape Corporation's final gift to the world before being swallowed by AOL).  You can download the source code and do whatever you want with it--change the code, recompile it, put it back online for other people to download.  (There are people who do this, seriously.)  This is "free as in freedom."

What if you want to watch Youtube?  You need the Adobe Flash Player plugin.  You go to their website, and a couple clicks later, you've got it.  You don't have to pay for it, but you also don't get to see the source code, you don't get to make your own version, etc.  You have to read all the legal code and click "I Agree" before you're allowed to use it.  This is "free as in free beer."  Free beer is awesome, but there is a limit to what you can do with it.

But this rant isn't about software, it's about a different kind of electronic intellectual property: video.  TV shows, to be exact.

As software and hardware have improved, it's gotten easier and easier to pirate video online.  As a response, the various networks (NBC, ABC, etc.) realized that the only solution was to offer their own shows online for free.  The truth is they've been doing this for half a century; it's called broadcast television.  All you need is an antenna and you can pick up several different networks, completely free.  They make money by selling ads; sometimes they make a LOT of money by selling ads.  This is "free as in free beer;" there are limits, but I can enjoy it for free.

The networks quickly realized they needed to do the same thing online.  And they have, with varying levels of success.

NBC is the best.  They quickly made all of their popular shows available through their own website with a simple flash player, so it works easily on Mac, Windows, Linux, or anything else you want, with the basic software you already have.  No need to install a special player.  They also made the same shows available on Hulu, which is awesome.

Of course, there are a few ads sprinkled in.  But fewer than if you watched the same show on your television, and the show picks up automatically as soon as the ad is over.  I honestly don't mind watching a few ads in order to get free legal streaming television online.

ABC, by comparison, has had problems.  Until this season, their shows were only available on their own website, and not on Hulu.  I love Hulu, I prefer using Hulu.  You get minus points from me if your show is not on Hulu.  In addition, you had to download a special browser plugin to watch on their website, and it only worked on Mac or Windows.  That meant I had to reboot my computer in order to watch TV.  That's just ridiculous.

ABC's biggest sin: "Click to continue."  After the ad played, you had to click a button to get the show to resume.  That was mildly annoying when I was sitting in bed with my laptop, it quickly became a pain in the ass when I had to get off my couch and walk across the living room.  I mean, we've had remote controls for how many decades now?  Why the hell should I have to get up and walk across the room?

ABC has repented and made their shows available on Hulu, with no "click to continue."  So they can be forgiven.

CBS is the worst.  Their shows are still only available on their own website and not on Hulu.  Their player works in Linux--but only sometimes.  It's a royal pain in the ass to have it die half way through a show. 

But their biggest sin: they only have the last three weeks available online.  I didn't realize that the fall season had already started, and by the time I went to their website the first couple episodes were no longer available.  That's a minor annoyance in a show like CSI, but it's a major annoyance for a show like "How I Met Your Mother," which actually has a story arc.

So where does that leave me, as a loyal viewer?  I can either buy episodes on iTunes, in which case I have suddenly left the world of free and am now handing them cash.  Or I can pirate the show.

Let me be clear about something right now.  I am not advocating any illegal activity, nor am I admitting to any illegal activity.  Intellectual property theft is illegal under federal law, most recently the Digital Millenium Copyright Act.  That being said, piracy offers me "free as in freedom;" once the content is in my hypothetical little hands, I can do whatever I want with it--ie. enjoy it on my own terms with no limitations.  But as an attorney, I must advise you not to violate federal property law.  (You also shouldn't take this as legal advice; please see the footnote at the bottom of this page.)

What I am doing is offering a couple intellectual questions for your consideration.

First, if the network fails to offer their free show to me, is it really theft to obtain the free show for free?  I'm happy to watch their ads, honestly.  But if they don't let me generate ad revenue for them, and I--hypothetically--pirate the show, should that really be a prosecutable offense?  The only free legal alternative is to not watch their show, which deprives them of a loyal, ad-watching customer.

Second, what if I tape the show off the air and fast forward through the ads?  I've got a new ATSC tv card hooked up to my computer and free Linux DVR software, just like Tivo but free (and completely legal).  That's more work for me, but the result is the same: I'll end up watching their show without ads.  Let's be clear: that is completely legal and has been done by millions of Americans (with VHS) since the 1980's.  So if I can achieve the same result through simpler means (ie. piracy), should that really be a prosecutable offense?  Again, I'm much less likely to actually set up the DVR and record the show; it's much easier for me--hypothetically--to download the show from a piracy website.  So if I stick to the legal options, I'm less likely to bother, which means I'm less likely to watch their show, which--again--deprives them of a loyal, ad-watching customer.

The bottom line: every new medium requires adaptation.  Some companies will adapt well, and they will succeed.  Other companies will adapt poorly, and they will suffer for it.  NBC and ABC are adapting well, so I will remain a loyal viewer and they will continue to generate large amounts of new media ad revenue thanks to me.  CBS is doing a poorer job and are less likely to generate ad revenue off of me.

I hope that the laggards like CBS can figure it out.  Not only for their own sake, but also for mine--because I like doing things the legal way.

J<