The Ludwig von Mises Institute's blog Website features many anti-intellectual property articles. In "The Porn Bust" (with comments), Douglas French talks about how traditional stigma over pornography prevents the industry from effectively protecting copyright, and how that serves the customer as well as the pornography abolitionist. You can probably tell by the length of this article that I fundamentally disagree. It's an interesting piece in that, at least to me, it's a study on "reading into things". The author seems to latch on to the "free market" parts of pornography with little knowledge of the vast depths of the exploitative segment of the industry as a whole, and concludes prematurely that a greater good has been met. "Customers are able to receive a higher-quality product that is cheaper and provided in more mediums, thus making it more convenient to consume."
While I don't believe that pornography per se is exploitative -- in an ideal system, actors are willing participants, and who are we to say how two consenting parties choose to trade their services -- the reality of the pornography industry is, as in all things, less than ideal. There is very definitely an "illegitimate" porn black market in opposition to the "mainstream" stuff that employs the household-name pornstars like Jenna Jameson. While there are no known numbers, there is some suggestion of a link between pornography and sex trafficking. French maligns the situation where greater IP rights for porn producers enabled them to pay actors more than their "opportunity wage". Now that porn is "open and free", we are told that actors are paid more closely to what they are actually worth. Ignore for a moment the obvious misunderstanding of "worth". Because of this insatiable hunger for pornography from the consumer, I believe that anything that weakens the "mainstream" porn industry, and the workers therein, necessarily strengthens the "illegitimate" porn industry. This is probably a difficult sell to make, and coming up with numbers on such a thing would essentially be impossible by definition. But given what we know about markets, demand is almost always filled, even in the face of strict prohibition. There is a definite dearth of attempts to address that base demand; abolitionists tend to focus on suppliers.
Much of the black-market nature of porn is certainly due to the social perception of it being an illegitimate career choice. Because of this, the sex worker lives in two separate worlds, split by what is acceptable to their mores and what is acceptable to the aggregate society in which they must live. As long as a segment of people attempt to hide their an activity from their community, the community cannot have the chance to protect that person in the event of abuse. Unfortunately, it is the community's prejudices that lead to this hiding, out of shame, but that's not something that will change overnight. It's very difficult to have a free market labor system in a black market ran by producers who literally drug their workers. Even the legitimate porn industry can tend to be exploitative, especially of male actors in heterosexual genres. The status of the "pornstar" over the basic porn actor gives power to the actor, allowing them to leverage their inherent brand in order to demand better conditions in their work arrangements. There is very little demand for male pornstar figures in heterosexual-male-targeted genres. As such, they tend to be treated as interchangeable cogs in the greater machine, often earning as little as 1/6th of their female counterparts.
The author explains how the market regulates itself, and thereby eliminates any "need" for anti-obscenity laws. He argues that the advent of free porn has made pornography unprofitable to the point where many porn actors cannot support themselves through just acting anymore, who will most likely have to give up porn to be able to make a living, and that this in parallel serves the purposes of the abolitionists. I think it's a naive assumption on his behalf, because it assumes that just because pornography is not profitable for the actor, then it will not be made. He claims "this is the way capitalism is supposed to work." When we compare the decrease in compensation for actors to the increase in consumption by consumers, I think a much different picture of a growing system of worker exploitation comes to light.
What would be the alternative to the pornstar and sex-slave models? Is it a distributed, home-grown porn production model, where individuals produce their own films featuring themselves, and sell these videos on the open market? Isn't this essentially the entire "amateur" genre?I've never understood the term "amateur pornography", because the people make the films so they can sell them to an "amateur porn" website. It seems more appropriate to call it "freelance pornography". That's still a porn-for-profit model. Why would this group be more capable of turning a profit on pornography than a larger, traditional production house? Wouldn't they actually be less capable, as they would lack the resources to take advantage of larger distribution channels, as well as legal protection in the few instances where pornographers do attempt to enforce their IP rights? I struggle to imagine the market demand being met by free-to-consumer, low-profit, freelance producers.
When French talks about the lack of IP enforcement making porn "cheaper", isn't that necessarily a relative term? There are very significant computer security risks to tracking down free porn, and considering that most people buy new computers rather than fix their virus-laden machines, $500 to $1000 a-time-frame is a pretty steep bill for supposedly "free" porn (it also makes a funny analogy to prostitution, and the perils of cheap hookers, but I digress). Additionally, such sites are supported by ad revenue from pay-porn sites, usually presented on a try-before-you-buy premise, which means somewhere a paying customer is subsidizing all of this "free" porn. While the major porn producers are reporting 30-50% losses, best estimates show an ever growing increase in consumption.
He makes a point out of pornography now being "provided in more mediums," and how it is proof of the innovation the industry brings to the market, innovation that IP rights laws stifle. To me, this is putting the cart before the horse. Pornographers have never invented new mediums, they have only exploited to their fullest extent mediums invented by other industries. Historically, the pornography industry has driven the adoption of every major advance in media distribution, long before the Internet came along and made media piracy so easy, and not because of some ostensible need to compete with usurpers co-opting their IP. Moving pictures, talkies, color film, VHS tapes, and online video compression would have never seen as widespread of adoption without the porn industry. The porn industry essentially bankrolled broadband penetration, if you'll excuse the Freudian slip. The ever growing demand from the consumer, not the lack of IP rights, is the reason that you can get iPorn on your iPhone.
I would be interested to know on what scale they are measuring pornographic films to qualify them as "higher-quality, more innovative products" and how they attribute that to lack of IP rights. Other than volume, there is very little difference in profit models and distribution systems on a qualitative standpoint over the early days of Internet distribution. Technology has made it harder, better, faster, stronger, but it's not fundamentally different, it's just more of the same. Is it some sense that production quality is better? Porn has always ran the gamut on production quality, from the highly produced Penthouse to the back-room, Eastern European and South East Asian blue films. One possible reason people still pay for porn today is because the free stuff just plain sucks (by now, you probably suspect my word choice as intentional).
Ultimately, we know very little about the full scope of the pornography industry. Nobody knows how much porn is actually consumed in the market. Nobody knows what proportion of it comes from regulated producers vs slave-labor producers. Without this knowledge, can we really say if the libertarian market system makes it more or less exploitative or more or less of a "better" product for consumers? Sex slavery *is* a very significant problem in the world today. As the rest of "legitimate" media industries continue to enjoy IP rights protection, the stripping of the porn industry of these rights only further serves to paint it as an illegitimate genre, further shoving it out of the public eye and into the seedy underbelly of the world. The only way a consumer-driven change in worker's rights in the industry will happen is if consumers have the necessary tools to differentiate between "good-" and "bad-practice" porn. Do we have this? Without the "pornstar" model, can we have this? Even with a porn-industry equivalent to a "green" movement, does the consumer base care enough about the people involved in the production to take advantage of such tools, or do they care more about satisfying their base desires, regardless of the cost to others, so long as there is a modicum of plausible deniability?
