Tag: Digital Distribution

More Stupid Ideas in Digital Distribution

Stop me if you've heard this one: a media company does a promotion, is totally unprepared for the traffic it generates, the servers are obliterated so that legitimate customers can't access their stuff, and all the while pirates are still able to trivially obtain the media in question.

I'm talking about Comixology and Marvel, but I could just as easily be talking about EA ('cept that last part I guess; to my knowledge there's no crack to run SimCity without a network connection as yet).

Marvel started a big promotion the other day: 700 free issue #1's through Comixology.

The demand took down the Comixology site for two days. And it's still running slowly.

To blame for all this? Two things:

  1. a client-server distribution model with only a single website available to download from, and
  2. DRM on the files to make sure nobody else can set up a mirror.

Well, I should say "to make sure nobody else can set up a legal mirror", because, well, if you've been on the Internet for five minutes and are not a complete dumbshit, you're probably aware that anyone who wants those comics can trivially find pirated copies.

Go the legal route, with Comixology? You get a proprietary file that you can only read in their program. Provided you can access their fucking website at all.

Go the illegal route, through some dodgy website? You get a CBR, or a CBZ, or a PDF, which you can read in any program that supports that format. And you don't have to worry about whether a single specific website is actually working in order to acquire that file.

It doesn't take a fucking genius to see which is the superior, more customer-friendly option.

Let's talk about what customers want. Hey, I like comics. Let's start with me. Here, maybe this will help you get a feel for just how much money you could potentially squeeze out of me:

27 shortboxes, a long box, and a stack of bags a couple of feet high of books I haven't boxed yet

Not pictured: 14 more shortboxes, plus about 2/3 of a bookcase taken up by hardcovers and trades.

My point is, I have spent a fuck of a lot of money on comics over the course of my life.

You know how much I've spent on Comixology? Zero. The Dark Horse digital store? Zero.

And make no mistake: that's not just because I prefer physical comics. I do, but I've downloaded any number of free comics from both those stores. I've read them and I've enjoyed them. I'd be adding those 700 Marvel #1's to my collection right the fuck now if the website were functional.

But free is the amount I am willing to pay for a DRM-infected book, comic or otherwise. If you won't let me read the file on whatever computer I want, in whatever program I want, then you're not getting a damn dime from me.

I realize I'm not the guy Comixology's trying to appeal to here -- they're trying to draw in new readers, not people who know what happens on Wednesdays. I get that. I'm not the target audience here.

But the target audience is getting timeouts too. Not just new readers coming for the Marvel promo, but existing customers who can't access their accounts.

So, here are a couple of points to start with that I think should be blisteringly obvious:

The very idea of restricting access to a free digital giveaway is completely fucking insane.

Why put DRM on something you're giving away for free? What conceivable reason is there for this? Why would you want to restrict copying of a free promotion that you are doing?

And why only make it available from a single distributor?

I mean, I get the reasoning behind that one, at least: they want to turn people into Comixology customers. They don't want people to just grab the free comics and never bother coming the the Comixology site. I get the theory.

But in practice, well, how's that working out for you guys? You getting any customers out of this thing?

Here's the right way to do it: just post all 700 files in a big torrent file. Make them CBR/CBZ format. And stick an ad for Comixology in every file.

Ever see a popular torrent collapse under the weight of high demand? Of course you haven't. Because that is the opposite of how BitTorrent works. BitTorrent is at its absolute best on files that are in high demand.

Now, I know why media companies don't take advantage of BitTorrent: because that would legitimize BitTorrent. As far as the publishers are concerned, BitTorrent is synonymous with piracy. They want the protocol banned entirely -- so of course they're not willing to acknowledge that it can be used as a tool for legal distribution, and a very very good one at that.

So instead, they opt for DRM-encumbered files distributed through a traditional client-server model -- and create this gigantic fucking debacle. And you know what their takeaway from this is going to be? "Well, obviously we need to make sure we've got more bandwidth next time." They're going to think that the problem is that their stupid distribution model wasn't implemented correctly, not that their stupid distribution model is stupid.

"Let's just make sure we've got more bandwidth next time" was EA's solution to the authentication problems that Spore users faced in 2008. 5 years later, did it work?

As long as you're thinking that the fix is a better delivery mechanism for DRM-infected content, you're doing it wrong. The problem will persist.


But you know, there are lots of great digital comics out there that aren't from Comixology and aren't DRM-infected. I've gushed about Mark Waid's Thrillbent before; those are all DRM-free and free to download. I also enjoyed the first issue of Dracula the Unconquered by Chris Sims, Steve Downer and Josh Krach; it's DRM-free and only costs a buck.

The point here isn't merely to castigate companies who do it wrong -- please reward the ones who do it right.

Insufferable is Awesome

I got a Nexus 7 for Christmas. As you might expect, the first thing I did was root it. The second was to get all my usual apps -- E-Mail, RSS, emulators -- set up and working. The ones I'm used to from my phone.

But the third thing? Comics.

I've been very excited about Mark Waid's digital comics endeavors for years now. He gets it. Release your books in DRM-free standard formats, and treat pirates like they're potential customers instead of treating your customers like they're potential pirates.

In a nutshell, I'd been waiting to get a tablet just for the opportunity to see what it was Waid was up to.

Well, for starters, his books up on thrillbent.com are just straight-up free downloads.

Want to download all of Thrillbent's marquee book, Insufferable, by Waid and artist Peter Krause, for free? (Hint: yes. Yes you do.) Here's a simple, handy bash script to do it:

for((i = 1; i <= 9; i++)); do wget http://www.thrillbent.com/cbz/insufferable/Insufferable_0$i\_Mark_Waid_2012.cbz; done for((i = 10; i <= 34; i++)); do wget http://www.thrillbent.com/cbz/insufferable/Insufferable_$i\_Mark_Waid_2012.cbz; done

And presumably next week #35 will be out with a "2013" in place of that "2012" in the filename and it'll go on from there.

From a nuts-and-bolts storytelling perspective, Insufferable is a perfectly compelling superhero book. It's a Batman pastiche, but I happen to like Batman pastiches. (I often say that my all-time favorite Batman comic is Astro City: Confession.) The setup here is, loosely: What if Nightwing was a total douchebag?

It follows that moment of the sidekick -- named Galahad, in this case -- striking off on his own, no longer able to work with his mentor (Nocturnus). And Galahad isn't the class act that Dick Grayson is -- he's an insecure, spoiled celebrity. Nocturnus, meanwhile, has seen better days; he's something of a has-been and is now superheroing on a budget.

That, by itself, is enough for an intriguing, human superhero yarn. Insufferable would be a thoroughly enjoyable book on the strength of good old-fashioned traditional comic book storytelling.

But instead, it innovates. Waid and Krause make a point of doing things with a digital comic that can't be done on paper. Frames appear one swipe at a time; characters' facial expressions change. In one case, Nocturnus does the classic Batman entrance -- in one panel, the room is empty; swipe your finger and suddenly he's just there. As Galahad rides off after the bad guy, he receives a tweet making fun of him. Swipe and a few retweets appear over the scene; swipe again and the screen starts to fill with them.

Waid discusses these techniques in a recent Robot 6 interview. He cites the master, Bernie Krigstein, as his greatest inspiration in thinking of panel composition as a tool for pacing.

Waid's got the right idea, and it almost always works. As I read Insufferable I keep thinking of how smart he and Krause are in their use of these techniques, how they're not flashy and they're not there just for the sake of Doing Something Different; they actually serve the story in a way that -- while original -- has its roots in decades of traditional comics.

For my money, there is one example where it doesn't quite work: repeating the same panel exactly. I get what they're trying to do -- hell, where would Bendis be without that technique? -- but while you can repeat a panel exactly on paper as a pacing tool, it throws me to see it in a digital comic. There's a simple UI design reason for this: when a user interacts with a program, the program is supposed to do something. If I swipe a page, I can't tell the difference between "the same panel repeats" and "nothing happens". My first thought isn't "Oh, that's a beat", it's "Did I not press hard enough?"

There's a simple solution -- just change something, anything, in the panel. Make somebody blink, or change a facial expression slightly -- anything at all to give the user some sort of feedback that yes you turned the page and now this is the next image.

But you know, the occasional false note is the price of innovation. Yes, I found something small that, in my opinion, doesn't quite work in Waid and Krause's book. But there's so damn much that does work, and works astonishingly well.

I've said before that now is the best time to be a comics fan. Insufferable is one more example of why. Go give it a read -- it won't cost you anything and I think you'll be glad you did.

I haven't gotten around to the other Thrillbent books yet, but I intend to. But first -- well, it's Wednesday. I've got some traditional, paper-and-toner-and-staples comics to go pick up.

Digital Demand

Two weeks ago I talked about how now is the greatest time in history to be a comics fan. Among other things, I mentioned Comixology. I've got concerns about Comixology -- it uses a proprietary, DRM-encumbered format, meaning there's a risk of a monopoly, same as any time a single major provider uses a proprietary, DRM-encumbered format -- but ultimately, I think that shit will work itself out. That doesn't mean we shouldn't be concerned, shouldn't complain, shouldn't put pressure on Comixology and the publishers who use it to find another way -- but the music industry ultimately realized that a standards-compliant, DRM-free format was in its best interest, and the book publishers are beginning to get the message too; I think it's only a matter of time for comics. (TV and movies will be dead fucking last to get the message and will, like the music industry, wait until their bottom line has seriously suffered for their foot-dragging, knuckle-dragging stupidity, but they'll come around too.)

At any rate, those caveats in mind, I think that the recent announcement that Comixology is the third-highest earning iPad app of 2012 is a fucking good sign for the comics industry. It shows there's a big demand and it's getting bigger.

Moreover, while I've heard people express concern for years that digital comics will spell the end of print comics, they sure don't seem to be posing a threat -- which makes sense. The way I see it, people who get their comics through Comixology aren't any less likely to buy comics in print; if you've never bought a comic before, then you're not a lost sale, and if you have bought comics from bookstores or especially from specialty shops, you're not going to stop doing that just because you can get them on your iPad or what-have-you now.

For my part, I'm about to get a Nexus 7. For starters, the thing looks pretty small and I'm skeptical that it will even be satisfactory for reading comics on. Even if it is, I am confident it will not compare to the experience of reading a full-size comic.

That said, as I mentioned in that other post, there are a shitload of comics that are not currently in print, and if I find that it is comfortable to read comics on the Nexus 7, I will certainly start reading comics on it that are not available in my local comic shop.

That doesn't mean I'll stop shopping at my local comic shop. It doesn't even mean that I'll spend less money there. It just means I'll have one more way to experience comics (whether they're ones I've bought or acquired for free).

And while I love my local comic shop, it also means that people can make money selling comics to a niche audience without having to worry about print costs or Diamond minimum distribution numbers.

Ultimately, it's not a zero-sum game (except insofar as every consumer's entertainment budget is a zero-sum game). Digital comics doesn't mean the same audience gets the same comics from a different distributor, it means the potential for a new audience and different comics. And those are good things that make the medium richer for all of us.

Zappa's Senate Testimony

Frank Zappa speaks to the Senate on the subject of labeling records for mature content, September 19, 1985. He doesn't really start in until about 3:30.

Transcript (via downlode.org; I've lifted HTML tags for formatting, not just the text, and hope I haven't overstepped):

Mr. Zappa. My name is Frank Zappa. This is my attorney Larry Stein from Los Angeles. Can you hear me?

The Chairman. If you could speak very directly and clearly into the microphone, I would appreciate it.

Mr. Zappa. My name is Frank Zappa. This is my attorney Larry Stein.

The statement that I prepared, that I sent you 100 copies of, is five pages long, so I have shortened it down and am going to read a condensed version of it.

Certain things have happened. I have been listening to the event in the other room and have heard conflicting reports as to whether or not people in this committee want legislation. I understand that Mr. Hollings does from his comments. Is that correct?

The CHAIRMAN. I think you had better concentrate on your testimony, rather than asking questions.

Mr. ZAPPA. The reason I need to ask it, because I have to change something in my testimony if there is not a clearcut version of whether or not legislation is what is being discussed here.

The Chairman. Do the best you can, because I do not think anybody here can characterize Senator Hollings” position.

Mr. ZAPPA. I will carry on with the issue, then.

Senator Exon. Mr. Chairman, I might help him out just a little bit. I might make a statement. This is one Senator that might be interested in legislation and/or regulation to some extent, recognizing the problems with the right of free expression.

I have previously expressed views that I do not believe I should be telling other people what they have to listen to. I really believe that the suggestion made by the original panel was some kind of an arrangement for voluntarily policing this in the music industry as the correct way to go.

If it will help you out in your testimony, I might join Senator Hollings or others in some kind of legislation and/or regulation, unless the free enterprise system, both the producers and you as the performers, see fit to clean up your act.

Mr. ZAPPA. OK, thank you.

The First thing I would like to do, because I know there is some foreign press involved here and they might not understand what the issue is about, one of the things the issue is about is the First Amendment to the Constitution, and it is short and I would like to read it so they will understand. It says:

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

That is for reference.

These are my personal observations and opinions. They are addressed to the PMRC [Parents’ Music Resource Centre] as well as this committee. I speak on behalf of no group or professional organization.

The PMRC proposal is an ill-conceived piece of nonsense which fails to deliver any real benefits to children, infringes the civil liberties of people who are not children, and promises to keep the courts busy for years, dealing with the interpretational and enforcemental problems inherent in the proposal’s design.

It is my understanding that, in law, First Amendment Issues are decided with a preference for the least restrictive alternative. In this context, the PMRC’s demands are the equivalent of treating dandruff by decapitation.

No one has forced Mrs. Baker or Mrs. Gore to bring Prince or Sheena Easton into their homes. Thanks to the Constitution, they are free to buy other forms of music for their children. Apparently, they insist on purchasing the works of contemporary recording artists in order to support a personal illusion of aerobic sophistication. Ladies, please be advised: The $8.98 purchase price does not entitle you to a kiss on the foot from the composer or performer in exchange for a spin on the family Victrola. Taken as a whole, the complete list of PMRC demands reads like an instruction manual for some sinister kind of “toilet training program” to house-break all composers and performers because of the lyrics of a few. Ladies, how dare you?

The ladies’ shame must be shared by the bosses at the major labels who, through the RIAA, chose to bargain away the rights of composers, performers, and retailers in order to pass H.R. 2911, The Blank Tape Tax: A private tax levied by an industry on consumers for the benefit of a select group within that industry.

Is this a consumer issue? You bet it is. PMRC spokesperson, Kandy Stroud, announced to millions of fascinated viewers on last Friday’s ABC Nightline debate that Senator Gore, a man she described as “A friend of the music industry,” is co-sponsor of something she referred to as “anti-piracy legislation”. Is this the same tax bill with a nicer name?

The major record labels need to have H.R. 2911 whiz through a few committees before anybody smells a rat. One of them is chaired by Senator Thurmond. Is it a coincidence that Mrs. Thurmond is affiliated with the PMRC?

I cannot say she’s a member, because the PMRC has no members. Their secretary told me on the phone last Friday that the PMRC has no members, only founders. I asked how many other District of Columbia wives are nonmembers of an organization that raises money by mail, has a tax-exempt status, and seems intent on running the Constitution of the United States through the family paper-shredder. I asked her if it was a cult. Finally, she said she couldn’t give me an answer and that she had to call their lawyer.

While the wife of the Secretary of the Treasury recites “Gonna drive my love inside you” and Senator Gore’s wife talks about “Bondage!” and “oral sex at gunpoint” on the CBS Evening News, people in high places work on a tax bill that is so ridiculous, the only way to sneak it through is to keep the public’s mind on something else: “Porn rock”.

Is the basic issue morality? Is it mental health? Is it an issue at all? The PMRC has created a lot of confusion with improper comparisons between song lyrics, videos, record packaging, radio broadcasting, and live performances. These are all different mediums, and the people who work in them have the right to conduct their business without trade-restraining legislation, whipped up like an instant pudding by The Wives of Big Brother.

Is it proper that the husband of a PMRC nonmember/founder/person sits on any committee considering business pertaining to the Blank Tape Tax or his wife’s lobbying organization? Can any committee thus constituted “find facts” in a fair and unbiased manner? This committee has three that we know about: Senator Danforth, Senator Packwood, and Senator Gore. For some reason, they seem to feel there is no conflict of interest involved.

The PMRC promotes their program as a harmless type of consumer information service providing “guidelines” which will assist baffled parents in the determination of the “suitability” of records listened to by “very young children”. The methods they propose have several unfortunately [sic] side effects, not the least of which is the reduction of all American Music, recorded and live, to the intellectual level of a Saturday morning cartoon show.

Children in the vulnerable age bracket have a natural love for music. If, as a parent, you believe they should be exposed to something more uplifting than “Sugar Walls,” support Music Appreciation programs in schools. Why have you not considered your child’s need for consumer information? Music Appreciation costs very little compared to sports expenditures. Your children have a right to know that something besides pop music exists.

lt is unfortunate that the PMRC would rather dispense governmentally sanitized heavy metal music than something more uplifting. Is this an indication of PMRC’s personal taste, or just another manifestation of the low priority this administration has placed on education for the arts in America?

The answer, of course, is neither. You cannot distract people from thinking about an unfair tax by talking about Music Appreciation. For that you need sex, and lots of it.

The establishment of a rating system, voluntary or otherwise, opens the door to an endless parade of Moral Quality Control Programs based on “Things Certain Christians Don’t Like”. What if the next bunch of Washington Wives demands a large yellow “J” on all material written or performed by Jews, in order to save helpless children from exposure to concealed Zionist doctrine?

Record ratings are frequently compared to film ratings. Apart from the quantitative difference, there is another that is more important: People who act in films are hired to pretend. No matter how the film is rated, it won’t hurt them personally.

Since many musicians write and perform their own material and stand by it as their art (whether you like it or not), an imposed rating will stigmatize them as individuals. How long before composers and performers are told to wear a festive little PMRC arm band with their scarlet letter on it?

Bad facts make bad law, and people who write bad laws are, in my opinion, more dangerous than songwriters who celebrate sexuality. Freedom of Speech, Freedom of Religious Thought, and the Right to Due Process for composers, performers and retailers are imperiled if the PMRC and the major labels consummate this nasty bargain.

Are we expected to give up article 1 so the big guys can collect an extra dollar on every blank tape and 10 to 25% on tape recorders? What is going on here? Do we get to vote on this tax? Do we get to vote on this tax? I think that this whole matter has gotten completely blown out of proportion, and I agree with Senator Exon that there is a very dubious reason for having this event. I also agree with Senator Exon that you should not be wasting time on stuff like this, because from the beginning I have sensed that it is somebody’s hobby project.

Now, I have done a number of interviews on television. People keep saying, can you not take a few steps in their direction, can you not sympathize, can you not empathize? I do more than that at this point. I have got an idea for a way to stop all this stuff and a way to give parents what they really want, which is information, accurate information as to what is inside the album, without providing a stigma for the musicians who have played on the album or the people who sing it or the people who wrote it. And I think that if you listen carefully to this idea that it might just get by all of the constitutional problems and everything else.

As far as I am concerned, I have no objection to having all of the lyrics placed on the album routinely, all the time. But there is a little problem. Record companies do not own the right automatically to take these lyrics, because they are owned by a publishing company.

So, just as all the rest of the PMRC proposals would cost money, this would cost money too, because the record companies would need — they should not be forced to bear the cost, the extra expenditure to the publisher, to print those lyrics.

If you consider that the public needs to be warned about the contents of the records, what better way than to let them see exactly what the songs say? That way you do not have to put any kind of subjective rating on the record. You do not have to call it R, X, D/A, anything. You can read it for yourself.

But in order for it to work properly, the lyrics should be on a uniform kind of a sheet. Maybe even the Government could print those sheets. Maybe it should even be paid for by the Government, if the Government is interested in making sure that people have consumer information in this regard.

And you also have to realize that if a person buys the record and takes it out of the store, once it is out of the store you can’t return it if you read the lyrics at home and decide that little Johnny is not supposed to have it.

I think that that should at least be considered, and the idea of imposing these ratings on live concerts, on the albums, asking record companies to reevaluate or drop or violate contracts that they already have with artists should be thrown out.

That is all I have to say.

The Chairman. Thank you very much, Mr. Zappa. You understand that the previous witnesses were not asking for legislation. And I do not know, I cannot speak for Senator Hollings, but I think the prevailing view here is that nobody is asking for legislation.

The question is just focusing on what a lot of people perceive to be a problem, and you have indicated that you at least understand that there is another point of view. But there are people that think that parents should have some knowledge of what goes into their home.

Mr. ZAPPA. All along my objection has been with the tactics used by these people in order to achieve the goal. I just think the tactics have been really bad, and the whole premise of their proposal -- they were badly advised in terms of record business law, they were badly advised in terms of practicality. or they would have known that certain things do not work mechanically with what they suggest.

The CHAIRMAN. Senator Gore.

Senator GORE. Thank you very much, Mr. Chairman.

I found your statement very interesting and, although I disagree with some of the statements that you make and have made on other occasions, I have been a fan of your music, believe it or not. I respect you as a true original and a tremendously talented musician.

Your suggestion of printing the lyrics on the album is a very interesting one. The PMRC at one point said they would propose either a rating or warning, or printing all the lyrics on the album. The record companies came back and said they did not want to do that.

I think a lot of people agree with your suggestion that one easy way to solve this problem for parents would be to put the actual words there, so that parents could see them. In fact, the National Association of Broadcasters made exactly the same request of the record companies.

I think your suggestion is an intriguing one and might really be a solution for the problem.

Mr. ZAPPA. You have to understand that it does cost money, because you cannot expect publishers to automatically give up that right, which is a right for them. Somebody is going to have to reimburse the publishers, the record industry.

Without trying to mess up the album jacket art, it should be a sheet of paper that is slipped inside the shrink-wrap, so that when you take it out you can still have a complete album package. So there is going to be some extra cost for printing it.

But as long as people realize that for this kind of consumer safety you are going to spend some money and as long as you can find a way to pay for it, I think that would be the best way to let people know.

Senator GORE. I do not disagree with that at all. And the separate sheet would also solve the problem with cassettes as well, because you do not have the space for words on the cassette packs.

Mr. ZAPPA. There would have to be a little accordion-fold.

Senator GORE. I have listened to you a number of times on this issue, and I guess the statement that I want to get from you is whether or not you feel this concern is legitimate.

You feel very strongly about your position, and I understand that. You are very articulate and forceful.

But occasionally you give the impression that you think parents are just silly to be concerned at all.

Mr. ZAPPA. No; that is not an accurate impression.

Senator GORE. Well, please clarify it, then.

Mr. ZAPPA. First of all, I think it is the parents’ concern; it is not the Government’s concern.

Senator GORE. The PMRC agrees with you on that.

Mr. ZAPPA. Well. that does not come across in the way they have been speaking. The whole drift that I have gotten, based upon the media blitz that has attended the PMRC and its rise to infamy, is that they have a special plan, and it has smelled like legislation up until now.

There are too many things that look like hidden agendas involved with this. And I am a parent. I have got four children. Two of them are here. I want them to grow up in a country where they can think what they want to think, be what they want to be, and not what somebody’s wife or somebody in Government makes them be.

I do not want to have that and I do not think you do either.

Senator GORE. OK. But now you are back on the issue of Government involvement. Let me say briefly on this point that the PMRC says repeatedly no legislation, no regulation, no Governnient action. It certainly sounded clear to me.

And as far as a hidden agenda, I do not see one, hear one, or know of one.

Mr. ZAPPA. OK, let me tell you why I have drawn these conclusions. First of all, they may say, we are not interested in legislation. But there are others who are, and because of their project bad things have happened in this country in the industry.

I believe there is actually some liability. Look at this. You have a situation where, even if you go for the lyric printed thing in the record, because of the tendency among Americans to be copycats -- one guy commits a murder, you get a copycat murder-now you’ve got copycat censors.

You get a very bad situation in San Antonio, TX, right now where they are trying to pass PMRC-type individual ratings and attach them to live concerts, with the mayor down there trying to make a national reputation by putting San Antonio on the map as the first city in the United States to have these regulations, against the suggestion of the city attorney, who says, I do not think this is constitutional.

But you know, there is this fervor to get in and do even more and even more.

And the other thing, the PMRC starts off talking about lyrics, but when they take it over into other realms they start talking about the videos. In fact, you misspoke yourself at the beginning in your introduction when you were talking about the music does this, the music does that. There is a distinct difference between those notes and chords and the baseline [sic — error in Congressional report] and the rhythm that support the words and the lyrics.

I do not know whether you really are talking about controlling the type of music.

The CHAIRMAN. The lyrics.

Mr. ZAPPA. So specifically we are talking about lyrics. It began with lyrics. But even looking at the PMRC fundraising letter, in the last paragraph at the bottom of the page it starts looking like it is branching into other areas, when it says: “We realize that this material has pervaded other aspects of society.” And it is like what, you are going to fix it all for me?

Senator GORE. No. I think the PMRC’s acknowledging some of the statements by some of their critics who say: Well, why single out the music industry.

Do I understand that you do believe that there is a legitimate concern here?

Mr. ZAPPA. But the legitimate concern is a matter of taste for the individual parent and how much sexual information that parent wants to give their child, at what age, at what time, in what quantity, OK. And I think that, because there is a tendency in the United States to hide sex, which I think is an unhealthy thing to do. and many parents do not give their children good sexual education, in spite of the fact that little books for kids are available, and other parents demand that sexual education be taken out of school, it makes the child vulnerable, because if you do not have something rational to compare it to when you see or hear about something that is aberrated you do not perceive it as an aberration.

Senator GORE. OK, I have run out of time.

Thank vou, Mr. Chairman.

The CHAIRMAN. Senator Rockefeller.

Senator ROCKEFELLER. No questions, Mr. Chairnan.

The CHAIRMAN. Senator Gorton.

Senator GORTON. Mr. Zappa, I am astounded at the courtesy and soft-voiced nature of the comments of my friend, the Senator from Tennessee. I can only say that I found your statement to be boorish, incredibly and insensitively insulting to the people that were here previously; that you could manage to give the first amendment of the Constitution of the United States a bad name, if I felt that you had the slightest understanding of it, which I do not.

You do not have the slightest understanding of the difference between Government action and private action, and you have certainly destroyed any case you might otherwise have had with this Senator.

Thank you, Mr. Chairman.

Mr. ZAPPA. Is this private action?

The CHAIRMAN. Senator Exon.

Senator EXON. Mr. Chairman, thank you very much.

Mr. Zappa, let me say that I was surprised that Senator Gore knew and liked your music. I must confess that I have never heard any of your music, to my knowledge.

Mr. ZAPPA. I would be more than happy to recite my lyrics to you.

Senator EXON. Can we forgo that?

Senator GORE. You have probably never heard of the Mothers of Invention.

Senator EXON. I have heard of Glen Miller and Mitch Miller. Did you ever perform with them?

Mr. ZAPPA. As a matter of fact, I took music lessons in grade school from Mitch Miller’s brother.

Senator EXON. That is the first sign of hope we have had in this hearing.

Let us try and get down to a fundamental question here that I would like to ask you, Mr. Zappa. Do you believe that parents have the right and the obligation to mold the psychological development of their children?

Mr. ZAPPA. Yes, I think they have that right, and I also think they have that obligation.

Senator EXON. Do you see any extreme difficulty in carrying out those obligations for a parent by material falling into the hands of their children over which thely have little or no control?

Mr. ZAPPA. Well, one of the things that has been brought up before is talking about very young children getting access to the material that they have been showing here today. And what I have said to that in the past is a teenager may go into a record store unescorted with $8.98 in his pocket, but very young children do not.

If they go into a record store, the $8.98 is in mom or dad’s pocket, and they can always say, Johnny, buy a book. They can say, Johnny, buy instrumental music; there is some nice classical music for you here; why do you not listen to that.

The parent can ask or guide the child in another direction, away from Sheena Easton, Prince, or whoever else you have been complaining about. There is always that possibility.

Senator EXON. As I understand it from your testimony — and once again, I want to emphasize that I see nothing wrong whatsoever; in fact, I salute the ladies for bringing this to the attention of the public as best they see fit. I think you could tell from my testimony that I tend to agree with them.

I want to be very careful that we do not overstep our bounds and try and — and I emphasize once again — tell somebody else what they should see. I am primarily worried about children.

It seems to me from your statement that you have no obligation — or no objection whatsoever to printing lyrics, if that would be legally possible, or from a standpoint of having the room to do that, on records or tapes. Is that not what you said?

Mr. ZAPPA. I think it would be advisable for two reasons. One, it gives people one of the things that they have been asking for. It gives them that type of consumer protection because, if you can read the English language and you can see the lyrics on the back, you have no excuse for complaning if you take the record out of the store.

And also, I think that the record industry has been damaged and it has been given a very bad rap by this whole situation because it has been indicated, or people have attempted to indicate, that there is so much of this kind of material that people object to in the industry, that that is what the industry is.

It is not bad at all. Some of the albums that have been selected for abuse here are obscure. Some of them are already several years old. And I think that a lot of deep digging was done in order to come up with the song about anal vapors or whatever it was that they were talking about before.

Senator EXON. If I understand you, you would be in support of printing the lyrics, but you are adamantly opposed to any kind of a rating system?

Mr. ZAPPA. I am opposed to the rating system because, as I said, if you put a rating on the record it goes directly to the character of the person who made the record, whereas if you rate a film, a guy who is in the film has been hired as an actor. He is pretending. You rate the film, whatever it is, it does not hurt him.

But whether you like what is on the record or not, the guy who made it, that is his art and to stigmatize him is unfair.

Senator EXON. Well, likewise, if you are primarily concerned about the artists, is it not true that for many many years, we have had ratings of movies with indications as to the sexual content of movies and that has been, as near as I can tell, a voluntary action on the part of the actors in the movies and the producers of the movies and the distributors?

That seems to have worked reasonably well. What is wrong with that?

Mr. ZAPPA. Well, first of all, it replaced something that was far more restrictive, which was the Hayes Office. And as far as that being voluntary, there are people who wish they did not have to rate their films. They still object to rating their films, but the reason the ratings go on is because if they are not rated they will not get distributed or shown in theaters. So there is a little bit of pressure involved, but still there is no stigma.

Senator EXON. The Government does not require that. The point I am trying to make is — and while I think these hearings should not have been held if we are not considering legislation or regulations at this time, I emphasized earlier that they might follow.

I simply want to say to you that I suspect that, unless the industry “clears up their act” — and I use that in quotes again — there is likely to be legislation. And it seems to me that it would not be too far removed from reality or too offensive to anyone if you could follow the general guidelines, right, wrong, or indifferent, that are now in place with regard to the movie industry.

Mr. ZAPPA. Well, I would object to that. I think first of all, I believe it was you who asked the question of Mrs. Gore whether there was any other indication on the album as to the contents. And I would say that a buzzsaw blade between a guy’s legs on the album cover is a good indication that it is not for little Johnny.

Senator EXON. I do not believe I asked her that question, but the point you made is a good one, because if that should not go to little minds I think there should be at least some minimal activity or attempt on the part of the producers and distributors, and indeed possibly the performers, to see that that does not get to that little mind.

Mr. Chairman, thank you very much.

The CHAIRMAN. Senator Hollings.

Senator HOLLINGS. Mr. Zappa, I apologize for coming back in late, but I am just hearing the latter part of it. I hear that you say that perhaps we could print the words, and I think that is a good suggestion, but it is unfair to have albums rated.

Now, it is not considered unfair in the movie industry, and I want you to elaborate. I do not want to belabor you, but why is it unfair? I mean, it is accurate, is it not?

Mr. ZAPPA. Well, I do not know whether it is accurate, because sometimes they have trouble deciding how a film gets to be an X or an R or whatever. And you have two problems. One is the quantity of material, 325 films per year versus 25,000 4-minute songs per year, OK.

You also have a problem that an album is a compilation of different types of cuts. If one song on the album is sexually explicit and all the rest of it sounds like Pat Boone, what do you get on the album? How are you going to rate it?

There are little technical difficulties here, and and you have the problem of having somebody in the position of deciding what’s good, what’s bad, what’s talking about the devil, what is too violent, and the rest of that stuff.

But the point I made before is that when you rate the album you are rating the individual, because he takes personal responsibility for the music; and in the movies, the actors who are performing in the movie, it does not hurt them.

Senator HOLLINGS. Well, very good. I think the actual printing of the content itself is perhaps even better than the rating. Let everyone else decide.

Mr. ZAPPA. I think you should leave it up to the parents, because not all parents want to keep their children totally ignorant.

Senator HOLLINGS. Well, you and I would differ on what is ignorance and education, I can see that. But if it was there, they could see what they were buying and I think that is a step in the right direction.

As Senator Exon has pointed out, the primary movers in this particular regard are not looking for legislation or regulations, which is our function. To be perfectly candid with you, I would look for regulations or some kind of legislation, if it could be constitutionally accomplished, unless of course we have these initiatives from the industry itself.

I think your suggestion is a good one. If you print those words, that would go a long way toward satisfying everyone’s objections.

Mr. ZAPPA. All we have to do is find out how it is going to be paid for.

Senator HOLLINGS. Thank you, Mr. Chairman.

The CHAIRMAN. Senator Hawkins.

Senator HAWKINS. Mr. Zappa, you suy you have four children?

Mr. ZAPPA. Yes, four children.

Senator HAWKINS. Have you ever purchased toys for those children?

Mr. ZAPPA. No; my wife does.

Senator HAWKINS. Well, I might tell you that if you were to go in a toy store — which is very educational for fathers, by the way; it is not a maternal responsibility to buy toys for children — that you may look on the box and the box says, this is suitable for 5 to 7 years of age, or 8 to 15, or 15 and above, to give you some guidance for a toy for a child.

Do you object to that?

Mr. ZAPPA. In a way I do, because that means that somebody in an office someplace is making a decision about how smart my child is.

Senator HAWKINS. I would be interested to see what toys your kids ever had.

Mr. ZAPPA. Why would you be interested?

Senator HAWKINS. Just as a point of interest.

Mr. ZAPPA. Well, come on over to the house. I will show them to you.

Senator HAWKINS. I might do that.

Do you make a profit from sales of rock records?

Mr. ZAPPA. Yes.

Senator HAWKINS. So you do make a profit from the sales of rock records?

Mr. ZAPPA. Yes.

Senator HAWKINS. Thank you. I think that statement tells the story to this committee. Thank you.

The CHAIRMAN. Mr. Zappa, thank you very much for your testimony.

Mr. ZAPPA. Thank you.

I've read this a number of times throughout my life, and am always struck by just how intelligent it is. Zappa doesn't pull punches; he's biting and sarcastic -- but he also addresses the problem, the proposal, what's wrong with it, why music is distinct from film (over and over and over again, because the Senators clearly are not fucking listening to him), and a sensible alternative solution. He also lays out what he thinks the RIAA's ulterior motives might be, and makes an appeal for better music education in the bargain.

The Senators -- well, Gore comes off the best; a little on the obsequious side but reasonable and conciliatory.

Gorton (I loved him as the Riddler) comes off the worst; he contributes absolutely nothing to the debate and, as all reactionaries inevitably do, simply takes a moment to say something condescending to his obvious intellectual superior.

(In The Real Frank Zappa Book, Frank adds that Gorton is wrong and that in fact he got an A in high school civics.)

Exon -- who, as Zappa notes in the book, is not exactly the most liberal guy (and indeed would continue to push legislation for government censorship, sponsoring the Communications Decency Act of 1996) -- also comes across as fairly reasonable, agreeing with Frank's fundamental point that making the lyrics available to buyers is preferable to a ratings system.

So where'd we end up?

Well, there was no legislation, and no ratings system.

But lyrics were never visibly included with albums either.

As "compromise" there was a voluntary, vague "PARENTAL ADVISORY: EXPLICIT LYRICS" sticker.

Eventually, physical media gave way to digital, and, thanks in large part to fans who just don't give a fuck about copyright, it is totally trivial to look up the lyrics to virtually any song.

But the argument persists, of course.

I headlined my first Zappa post "As True Now", and unfortunately time flows like a river and history repeats. Video games are the boogeyman now, and the same damn-fool arguments keep rearing their ugly heads: "Well, a child can just walk into a store and buy a copy of Grand Theft Auto!"

Though that's calmed down since Brown v EMA, where the Supreme Court soundly rejected the notion of government regulation of violent video games.

And here's the funny thing: the closest recent analogue I can think of to Zappa's Senate testimony...is the words of the Justices themselves in oral arguments.

Sotomayor referenced Bugs Bunny and Spock. Kagan mentioned that her clerks had grown up playing Mortal Kombat and seemed to have turned out all right. Scalia -- God. I am not president of Scalia's fan club, so it pains me to say he fucking hit it out of the park. Hell, he even used Zappa's response to that hypothetical I just mentioned:

JUSTICE SCALIA: Not too many 13-year-olds walk in with a $50 bill, do they?

Even Breyer's dissent was well-reasoned. He's got a point: it is absurd that the government can restrict the sale of magazines that show nipples but not video games that show decapitation. He and I are absolutely agreed on that point -- we just disagree on what conclusion it implies.

Basically, we've got eight Justices who made intelligent, insightful arguments in Brown v EMA, and one who appears prominently in a Google search for "Long Dong Silver".

Well, the fight continues and it'll continue through whatever the hell medium is the next boogeyman. And while it's sad that Zappa is no longer with us to argue eloquently for common sense, I think history shows that common sense always wins out in the end.

Access

In the previous post, I mentioned two shows: Mad Men and the new Thundercats.

Mad Men is one of the most successful and critically acclaimed shows on TV, by a network that has at least two more of them and has become synonymous with drama on cable TV.

It's also availble on Netflix Streaming. Despite some missteps in the past year, I believe that Netflix represents the future of TV distribution. Eight bucks a month for access to a huge library of movies and TV shows new, old, and, in the case of the upcoming season of Arrested Development, original.

Thundercats is available online too. You can go to cartoonnetwork.com, click on Full Episodes, and get this charming little notification:

FULL EPISODES... AWESOME!

Watch the newest episodes of all your favorite shows. Get your parents to fill in their cable info and you're good to go.

That's right: you can watch Thundercats online...if you already have a cable subscription!

And there are three whole episodes available: today's, the one from three weeks ago, and the one from four weeks ago!

So all you have to do is pay seventy dollars a month, and you, too, can get access to a seemingly completely fucking random selection of episodes from all your favorite shows online! Plus you get to pay for Fox News and the Christian Broadcasting Network, whether you want them or not! AWESOME!

Cable TV as we know it will not exist in 20 years. Good fucking riddance.

Form and Function

A few weeks back, I rented Hellboy: Sword of Storms. It was a neat little movie, and adhered pretty well to the the comics' folklore vibe. The highlight was a sequence adapting Heads.

And it occurred to me, you know, the best Hellboy stories are 8-page adaptations of folk tales, in which Hellboy himself plays only a minor role. Similarly, wouldn't it be great to see some 10-minute Hellboy animated shorts?

It's a real pity that both 8-page comic stories and 10-minute animated shorts have fallen by the wayside. DC, at least, seems interested in bringing them back: they've been doing 8-page "secondary features" in some of their popular titles, and next week's animated Crisis on Two Earths will also include a 10-minute Spectre short. Which is the perfect length for a Spectre story.

And of course all this has me thinking, Why 22 pages? Why 22 minutes? Why 6-issue arcs? Stories should take all the time they need; no more and no less.

Which isn't to say that rigid parameters can't foster creativity. The BioWare Writing Contest I participated in a few years back had some very tight guidelines -- only so many characters, only one location allowed, and that location has to be a pretty tiny square. But in a way, that stimulated creativity. Sometimes, you need parameters.

Douglas Adams is a favorite example. His best Hitchhiker's Guide work was written for radio, with a rigid three-act structure and length requirement for each episode, with the requisite pacing those things entail. Those episodes were adapted as the first two books of the Trilogy. The third, Life, the Universe and Everything, was adapted from an unused Doctor Who pitch, so it was conceived around a predefined structure as well. The last two books, where Adams took a more freestyle approach, tended to flail a bit; they were adapted by Dirk Maggs for radio a few years back and, for my money, worked much better with his judicious editing.

(The awesomeness of The Long Dark Tea-Time of the Soul does not fit my narrative as, to the best of my knowledge, it wasn't adapted from a radio or TV format. The first Dirk book was, though.)

There are plenty of writers who could benefit from tighter restrictions. Will Eisner put as much plot in a 7-page Spirit story as Brian Michael Bendis does in a 132-page Avengers arc. Sometimes I like longer, decompressed stories that spend more time on the scenery and the atmosphere. But there should still be a place for those weird little Hellboy stories.

I recently read Fables: 1001 Nights of Snowfall. Its pacing and form were noticeably different from the typical Fables books, because of its format: it was written as a graphic novel, rather than simply collecting 6 issues of a serial comic.

(A tangent on nomenclature: I absolutely despise the term graphic novel as it is commonly used, ie as a synonym for "comic book" used by people who think they're too cool for Spider-Man. However, it is a useful term when used in its original sense, ie a comic written in long form instead of being serialized in stapled, 22-page, monthly increments.)

Of course, 1001 Nights isn't a graphic novel so much as a graphic short story collection -- far from being a longform Fables story that takes its time, it's a series of stories which are shorter and tighter than a typical issue of Fables. So actually, it's more along the lines of those 8-page Hellboy stories I've been yammering about.

More in the "paced like a novel" vein would be DC's upcoming Earth One books. While it is obvious that these stories need to be published, as nobody has retold Superman's origin story in over three weeks, it's going to be interesting seeing them told with a little more breathing room, without the overwhelming, breakneck pace of Superman: Secret Origin.

I kid, but you know, the nice thing about constantly retelling Superman's origin is that now the Siegel heirs get a cut.

At any rate, once the rehashes are done, it would be quite nice to see DC tell some new stories with these characters in this format -- stories as long or as short as they need to be, at whatever pace suits the piece, without having to speed toward a cliffhanger every 22 pages.

V for Vendetta is actually a decent example -- yes, it was serialized, but its chapters don't fit into a consistent, forced length or pace. And while some of the chapters were climactic action sequences of V stabbing people a lot, others had him simply soliloquizing about anarchy.

(And funnily enough, the guy writing Earth One: Superman is J Michael Straczynski, the same guy whose The Brave and the Bold is currently the best 22-page superhero book that actually tells 22-page stories -- but whose run on Thor was decompressed, organic, and even meandering. Which is not a criticism, as I loved his Thor; it's just a statement that the man can write very well in different formats.)

If the world is a just and beautiful place, Dr. Horrible's Sing-Along Blog is a template for the future of television. It manages the rather neat trick of adhering to a rigid structure that also just happens to be noticeably different from the traditional structure of a TV show: three 13-minute acts, each itself featuring a beginning, a middle, an end, and four songs. It's similar to, but distinct from, the standard three-act structure and 44-minute length of an American TV show.

Even The Daily Show -- God, not a week goes by anymore but one of the interviews goes over. Which is swell, but the way this is handled online is completely boneheaded: if you go to Full Episodes on thedailyshow.com, or view an episode on Hulu, you get the broadcast episode, which shows the truncated interview, followed by an admonition to check out the website, followed by Moment of Zen and credits. I can see this as an unfortunate requirement for broadcast, but guys, Internet videos can be more than 22 minutes. Why in the hell do I have to click through to a different page on the site (or, if I'm watching from Hulu, a different site entirely) to watch the rest of the interview? It's viewer-unfriendly, especially if you use your PC as a media center hooked up to your TV. Cut the full interview into the damn episode. Add an extra commercial in the middle if you have to. (It would be swell if you didn't show the exact same commercial at every single break, but that's a separate presumably-silly-and-useless "rant".)

At least they've wised up a little and started showing just the first part of the interview in the broadcast episode and then showing the rest in the "Full Interview" link on the website. It used to be they'd show a chopped-up version of the interview in the broadcast episode, meaning that instead of the Full Interview link picking up where the show left off, it had five minutes' worth of the same content spread out across it.

You know, it seems like the youngest of the major media is also the one with the least rigid requirements for length. Video games can be anything from a three-second WarioWare microgame to a persistent world that players sink years into. People may grouse a bit that Portal or Arkham Asylum is too short, but it doesn't prevent them from being highly-regarded, bestselling titles.

Which is, of course, not to say that longer games don't have to function under tight restrictions. They're often very high-budget affairs with a hell of a lot of people involved (as Dragon Age tries to forcibly remind you with its absurdly slow credits crawl) -- programmers, writers, artists, and so on. The Mass Effect games have voiced player dialogue and let the player choose Shepard's sex, which means every single one of those lines has to be recorded twice. (And frankly that doesn't seem like enough variety -- I have a Samuel L Jackson lookalike who says "aboot".)

And those restrictions are probably why every dialogue choice in ME is broken up into a predictable paragon/neutral/renegade choice. That kind of very-unsubtle delineation is exactly the sort of thing western RPG developers have been trying to get out of (as in both The Witcher and Dragon Age), but in the context of ME it works quite well -- I've even tried my hand at writing in a three-choices, no-hubs dialogue style and it works very organically. (For the ludicrous amount of dialogue in Dragon Age, there were places I could see the seams showing -- spots where I'd have three dialogue options and, as soon as the NPC spoke, knew that all three led to that exact same response. But that's probably a lot harder to notice if you've never written a dialogue tree yourself, and it's certainly an artform in and of itself, giving a response that works equally well for three different questions. I can only think of one occasion in the dozens of hours of Dragon Age where a writer screwed up and had a question hub that began with an NPC answering a specific question in a way that didn't make any sense if the dialogue looped back.)

And of course it's the medium that allows this kind of longform storytelling. Game length is no longer restricted by the arcade environment. Which is, of course, not to say that short-play games don't get made anymore -- Street Fighter 4 is a high-budget, "hardcore gamer" example, but Nintendo's entire business is built around games a casual player can pick up and play for ten minutes at a time. Ditto every Flash game on the Web, and most games on the iPhone.

And, indeed, Internet delivery is going to liberate other media from their restrictions. Eventually, we're bound to see shows like The Daily Show just run more than 22 minutes if they have to, and, God willing, we'll see more offbeat stuff like Dr. Horrible. The Web's given us comics as diverse as Achewood, Dr. McNinja, Templar, Arizona, and FreakAngels, and cartoons from Adventure Time to Homestar Runner to Charlie the Unicorn to Gotham Girls to the complete version of Turtles Forever. It's also allowed MST3K to continue in the form of the downloadable RiffTrax and the direct-order Cinematic Titanic.

Variety is the spice of life. I love comics -- and yeah, that includes mainstream superhero comics. But I'm sick of all of them having the exact same structure. Fortunately, I think we're on the edge of an age of experimentation.

Or another damn market crash. It is an odd-numbered decade now, after all.