Decentralized Markets
Tim May
tcmay at got.net
Thu Mar 1 09:46:46 PST 2001
At 8:43 AM -0800 3/1/01, Blank Frank wrote:
>The company [EBay] also has instituted a policy to prohibit the
> sale of anything recorded on a blank compact disc, and it
> stops sales of certain types of DVD players and gaming
> equipment that can be used with illegally copied media.
>
>http://www.usatoday.com/life/cyber/tech/2001-02-28-ebay.htm
>
>The RIAA must have some very scary lawyers.
This is a very good example of a problem which was predicted by some
on this list, and which is now happening: the electronic agora is so
much more visible than the traditional flea markets, so much more
efficient, and thus is so much more targettable.
Ebay restricting DVD players, the French trying to prosecute Yahoo
(and probably, soon, Amazon, Ebay, etc.) for selling thoughtcrime
books and regalia, the Germans doing similar things.
This is the flip side of "regulatory arbitrage": a nexus of corporate
control which can be sued, have executives threatened with jailing
(*), and even RICO and other conspiracy suits.
(Wags usually say that France cannot jail a VP of Ebay or Yahoo, that
the U.S. will not cooperate with French authorities and arrest and
extradite. Ah, but the French can arrest any Ebay or Yahoo exec, or
even middle manager, who lands on their shores. Or who passes through
a similarly-minded nation with good relations with France. Recall a
few years ago when Germany arranged to have a transitting thought
criminal arrested in Denmark or Holland, I forget which, and then
extradited to the Fatherland for political reeducation.)
This general situation of a "nexus of corporate control" is one
reason Napster is about to go down for the count. By having a
centralized service, and a suable corporate or partnership entity,
and by essentially advertising themselves as a pirate music source,
they were a ripe target.
Long-term list members will know that many of us said the same thing
about Zero Knowledge Systems. I specifically predicted to Austin and
Hammie in a meeting we had in late 1998 that ZKS would come under
legal assault as soon as the Freedom Network became implicated in
sufficiently serious crimes. Porn rings, pedophile networks, plots to
kill the Canadian PM, extortion threats, etc.
(ZKS has "abuse" policies in place, but so long as Freedom nyms are
not actually traceable, which is what they say and which no one has
demonstrated otherwise, an after the fact cancellation policy is not
a powerful deterrent for criminals and thought criminals. Do the math
and see that the $50 for 5 nyms is a trivial cost for those
incentivized to be untraceable.)
Back to suing corporations. Instead of suing a thousand individual
flea markets for "allowing" sales of DVD players, just threaten Ebay
with a lawsuit. Ebay backs down and issues an instruction, backed up
easily by software filters. The efficiency of electronic agoras
result in efficient threats agains those who run such centralized
agoras.
As this process unfolds, expect lawsuits from Pez dispenser
manufacturers claiming that bootlegs of their products are being
sold. Expect sales of used machinery to be threatened by the original
manufacturers (perhaps claiming that used generators and lawn mowers
are "potentially unsafe"). Expect Saudi Arabia to sue to block sales
of Islamic (and, obviously, anti-Islamic) materials.
Is it all hopeless? Are we destined to see a world of a few
corporations like Yahoo and Ebay and Amazon being choke points for
any tinhorn dictator threatening to sue them and arrest their
employees?
The answer is, of course, decentralized networks, decentralized markets.
Gnutella, Open Napster, Freenet, Mojo Nation, Cypherpunks-style
remailers. (Some of these still have elements of centralized control.
But the centralized control and corporate points of attack may
someday be discarded as unnecessary, pace the discussions we've had
of "everyone a mint" in digital money systems.)
The Cypherpunks future lies with these decentralized systems.
Obvious, but true.
Cyberspace has enough degrees of freedom that various markets can be
instantiated without some corporation operating the "market." (Usenet
is a primitive example.)
There really is no long-term need for an Ebay to be a "market maker."
The future will bring more options for online auctions, for new
pricing mechanisms.
(Personally, I can see systems like Mojo recasting themselves as
alternatives to Ebay. I don't know if Jim and his friends are
thinking along these lines, though.)
Centralized control is a more general problem than just "men with
guns" controlling others. Centralized control is also a target for
other centralized controllers. Ebay and Yahoo are finding this out in
a big way.
Let a billion buyers and sellers bloom.
--Tim May
--
Timothy C. May tcmay at got.net Corralitos, California
Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon
Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go
Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns
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