Deadline reports the latest Rentrak data about DVD rentals:

Consumers spent $5.65B renting DVDs and Blu-ray discs in 2011, Rentrak says this morning citing data from its Home Video Essentials tracking service. That’s down 3.4% from 2010. But consumer defections from disc rentals appear to be accelerating. In the last three months of the year, rentals were -21.3% from the same period in 2010, as business at kiosks — including Redbox, which charges $1.20 a night — grew by 28%.

I’m not sure if this data includes Netflix rentals, but in any case, the same trend is roughly true for that company as well: now that subscriptions to Netflix DVD and streaming services are separate, subscriptions to the DVD-by-mail service are down. And we don’t have data yet about whether the end of Netflix’s streaming deal with Starz, which means that a bunch of content that was previously available streaming is now only available by mail, is driving consumers back to the DVD service.

My guess is that ultimately DVDs will become a luxury-item business. People will still want to buy fancy box sets with extra features that come all wrapped up in gorgeous packaging for their very favorite things. But most of us, they’ll become an inconvenience: the discs and the cases will take up space, and even a several day wait to get them will seem so irritatingly slow as to not be worth it for all but the most desirable content. And making both video and books impulse purchases that are instantly available may increase how much we use them. Netflix streaming’s grown to be a huge proportion of internet use, and while the numbers are self-reported, there’s some data to suggest that e-reader owners buy and read more books. It’ll just be interesting to see at which point television and music creating companies accept that they’re in the same position book publishers are, and offer dual formats rather than pushing DVDs over downloads. Ultraviolet is a step in the right direction, but I’m not sure getting cloud storage space with a disk is as attractive as getting cloud storage space with a download: the whole point of cloud storage is not having to deal with those pesky discs and format transfers.

There are some good defenses of Jonathan Franzen, particularly from an archival perspective, in our thread in his comments on E-Readers (I’m glad no one’s defending the idea that the president is too busy to read fiction, though). I absolutely agree with everyone who says we need to think carefully about and allocate appropriate resources to digital archiving. But I think Simon Pits raises the most convincing argument in defense of Franzen’s worries about e-readers making literature impermanent. He says:

Franzen’s point is that with a e-books, an author never need “finish” writing a book. The ability to constantly revise, improve or worsen and censor remains. While authors, publishers and distributors today aren’t taking full advantage of this, certainly it cannot be far. Think of the controversies surrounding the teaching of Huck Finn. In an e-book world, Nigger Jim gets renamed to Jim or Black Jim or Slave Jim or something that may offend fewer, but tells us less about the culture and society in which the book was written.

A couple of thoughts. First, I think even though it’s theoretically possible to keep editing a digital manuscript in a way it’s not possible to change a print copy, there are still some structural factors mitigating against it being a major problem. Most writers I know tend to feel that they have to walk away from a project at some point, if only for their own sanity. I know writing a novel is different from blogging, of course, but even then, folks feel like they have to be done sometime. And even if they don’t, I think there’s probably a limit to the extent to which digitial publishers are going to be willing to push fixes, something that requires a lot of file maintenance, checking to make sure changes haven’t introduced new errors, and then either updating or getting readers to update their texts, something that might seem particularly annoying for new tweaks rather than minor functionality.

And second, there’s been real resistance to authors going back and fiddling with what are considered foundational texts, whether George Lucas is making Greedo shoot first or an edition of Huckleberry Finn that replaces the word “nigger” with “slave.” These alterations tend to be treated as a kind of cowardice, whether it’s Lucas lacking the courage to make Han Solo kind of a jerk or the political correctness that avoids exposing people to uncomfortable ideas and words even if those things might move their thinking forward. I don’t normally trust the market with a lot of things. But I’m actually reasonably confident that outcries against endless tinkering, customer demands for the portability of content from device to device and from format to format, and the desire to retain customers will make it easier to preserve digital content in its original form. That doesn’t mean we don’t need to back up those forces with an independent dedication to digital archiving. But unless things change, I think this might be a case where customers’ demands and the imperative to preserve texts are relatively closely aligned.

One of the big dynamics in the debate over SOPA and PIPA is who’s getting money from whom. The entertainment industry’s currently spending a great deal more on lobbying than the tech community is; MPAA Chairman Chris Dodd has threatened to turn off Hollywood campaign contributions to Democrats if SOPA or a form of it doesn’t pass; and both Democrats and Republicans are attempting to position themselves for the future. What a big, and usefully clear, New York Times story about Apple’s decision to move much of its work overseas makes clear, though, is while the tech industry may eventually have more to offer in terms of lobbying cash and campaign contributions, it may not have much to offer Democrats in terms of creating critically important American manufacturing jobs. In a conversation between Steve Jobs and President Obama before the former’s death, the Times reported that this exchange took place about the Apple jobs that have moved overseas:

Why can’t that work come home? Mr. Obama asked.

Mr. Jobs’s reply was unambiguous. “Those jobs aren’t coming back,” he said, according to another dinner guest.

The president’s question touched upon a central conviction at Apple. It isn’t just that workers are cheaper abroad. Rather, Apple’s executives believe the vast scale of overseas factories as well as the flexibility, diligence and industrial skills of foreign workers have so outpaced their American counterparts that “Made in the U.S.A.” is no longer a viable option for most Apple products.

It’s absolutely true that there would have to be radical changes in the American economy to retrain workers, to move huge parts of the supply chain back to the United States, and perhaps most difficult, to get American workers to expect a vastly different standard of living or to get Apple executives to accept slower development times and more expensive production costs. I’d argue that American workers have already made substantial compromises on the former proposition. But I don’t foresee a future where companies are going to move toward the latter out of the goodness of their own hearts. There’s no question that companies have a right to maximize profits, and that if they don’t care how they’re perceived or about creating a sense of moral obligation to buy their products, they have every right to produce their products wherever and under whatever conditions they can get away with. But if they’re going to take that approach, I sort of wish they’d be as blunt about it as possible, so we don’t risk mistaking shiny toys for some sort of greater good.

Given our conversations about SOPA and legacy media’s willingness (or lack thereof) to embrace the ways technology is changing the way we consume media, one of the things I was most interested in at the Television Critics Association press tour was the way executives from the networks talked about technology and how it’s affecting everything from ratings to storytelling. I have a piece on the Atlantic about the five biggest tech ideas at press tour, and FX’s John Landgraf, Fox’s Kevin Reilly, ABC’s Paul Lee, and Hulu’s Andy Forssell all deserve significant credit for creative thinking. I want to pull out one point, though, because I think it’s an important question without an easy answer:

If you want people to put television on their calendars, make television that’s worth the appointment—in every way.
Executive: Paul Lee, President, ABC Entertainment Group
Lee isn’t alone in recognizing this. But he was the executive of the press tour to point out that if you want people to plan their weeks around television shows, you have to give them not just can’t-miss plots but visual spectacles that they want to see on television screens, which have gotten larger and cheaper even as we’ve added multiple smaller screens. “I think part of that is we are taking risks and having fun and a lot of feature [movie] directors are attracted to that…that’s one of the reasons you saw Phillip Noyce” (the movie director who helmed two episodes of ABC’s Revenge and an upcoming episode of HBO’s Luck) “coming in. I think you’re going to see feature actors as well as directors.” The profusion of movie actors, such as Anjelica Huston on Smash, Josh Lucas on The Firm, and Dustin Hoffman on Luck, coming to the small screen in mid-season seems to be proving him right. It may not have worked for The Firm, which is floundering, but we’ll see how Smash and Luck do.

With notable exceptions like Avatar (which was also downloaded illegally with very high frequency), audiences seem at least somewhat resistant to the idea that there are things that simply must be seen on the big screen in theaters or on a decent-sized television, and that lose all their power when shrunk down to tablet, laptop, or phone size. Certainly, the skepticism of 3D, which I think is seen as a means of cash extraction rather than storytelling, is one indicator that it’s going to be tricky to sell folks on gimmicks. I’d absolutely argue that something like the Luck pilot, with its gorgeous color and heart-stopping horse races, is much better on a decent-sized television than on your phone at the gym. But if networks or studios are going to claim that something needs to be seen big, and seen in its time slot, and expect audiences to believe them, they have to have both the storytelling and the visual chops to back it up.

Many organizations, most notably among them Wikipedia, are going dark or gray for today to protest the Stop Online Piracy Act. When they come back, a lot more Americans will likely be aware of the now substantially altered legislation. And my hope, however unlikely, is that after this day of action, we can reset the conversation, especially now that DNS blocking and rerouting appear to be out of play.

It might help for both sides to acknowledge the legitimate fears held by powerful interests on both sides of the SOPA debate. Changing the way the internet is governed, especially after a year when free access to it played a major role in critically important liberation movements, is a hugely momentous thing to propose, even if you feel that your industry is at stake. It may be difficult to quantify the economic impact of piracy, but that doesn’t mean that there is none, or that it’s illegitimate for the people who work in an industry to feel insecurity about its transformation and their prospects for stable employment in it. Tech companies could do more to sell themselves to legacy content providers as beneficial partners. And legacy media companies could spend more time talking to consumers about customer service and cross-platform accessibility than scolding them.

Content and technology companies are not inextricably enemies, and there’s likely to be less and less daylight between them in the future. Netflix is making investments in shows like mob drama Lillyhammer and a remake of the classic British series House of Cards. On a smaller scale, Hulu is doing the same with its unscripted series from Morgan Spurlock and Richard Linklater and its first scripted drama, Wisconsin campaign series Battleground. Tom Hanks’ Playtone production company is making American Gods for HBO — and an animated science fiction series, Electric City, for Yahoo. Google-owned YouTube is shoveling money into content channels curated by actors and celebrities.

These companies may approach their long-term plans for their content differently than movie studios and television networks, and may have different approaches to copyright and distribution than the legacy media organizations. But my bet would be it’s a matter of emphasis rather than of a wholly new approach. It makes much more sense to embrace that connectivity and common interest, and for legacy and new media born out of tech companies to learn as much as they can from each others’ experiences getting rich content to broad audiences on diverse platforms. The SOPA debate has been bruising. But if it helps us lay out the issues that prevent these sides from working together, perhaps it’ll be worth it.

I think it’s pretty clear that there was no intentionality behind the fact that Siri, the AI assistant on the iPhone 4s, turns out to be pretty good at directing users to anti-choice crisis pregnancy centers, but not to abortion clinics (though it seems to find Planned Parenthood very easily when searched for by name). Some of it may simply be that Apple relies heavily on external databases like Yelp to source answers to queries. And pursuant to that, I think Jill Filipovic nails it:

That data is often messy, and savvier companies will pay for the data about them to be accurate and to include the full range of their services. Abortion clinics and other women’s health facilities, obviously, are not dedicating tons of time to figure out how to optimize their search results. So the data is crappy to begin with. To fix that, programmers go in and add tens of thousands of little tweaks to a program like Siri to make it as accurate as possible, and also to include some jokes (like where to hide a dead body). But when programmers are mostly dudes, the lady-stuff just gets… ignored. So Siri knows 15 different ways to say “oral sex performed on a man” and can find a place to get it, but anything involving female sexuality at all leaves her clueless. Which doesn’t make it excusable. It’s pretty appalling that programmers thought far ahead enough to know where to send users who needed to remove rodents from their buttholes, but didn’t consider a medical procedure that 1 in 3 American women will have. I mean, they appear to have thought far ahead enough to have Siri respond to the boyfriend of the woman who is pregnant, but not to the woman herself.

On the first point, and sort of pursuant to the point I made earlier this fall about tech infrastructure for the feminist blogosphere, it would be very smart strategic giving for someone to set up a fund to optimize the hell out of progressive service providers’ sites. I’d be pretty concerned about attempts to politicize algorithms, because I think any step in that direction can have profound and dangerous consequences, but I think it’s important to make sure that progressive organizations have all the resources they need to game those algorithms as effectively as possible.

Second, making technology for women isn’t really a matter of color, or angles, or whether it fits in your purse. It’s about whether the snazzy, solves-all-your-problems technology (which is unquestionably the way Apple is marketing Siri, rather than as a Beta) actually serves that purpose for all of your customers. If your ability to think about the varied needs of your consumers only extends to thinking about the varied needs of men, you’re not actually as an expansive thinker as you believe yourself to be. Tech companies should be particularly attentive to female feedback on products like this not because our tiny girl brains will give them marketing ideas, but because artificial intelligence is about perspective, not just information.