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No.71 - Culture and Intangible Economy

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Communications & Strategies - 30/09/2008 No.71 - Culture and Intangible Economy

3rd Quarter 2008

André Malraux said that "cinema is an art form, but it is also an industry". The duality of the cultural industries remains, but is becoming increasingly complex as the digitisation phenomenon undoes the need for physical media. We invite our readers who are especially familiar with the issues of network economics not to stop at the increasingly ambiguous border between the containers and the content, and to take full advantage of these contributions, while also enjoying the regular sections in the journal.


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Dossier

Culture and Intangible Economy

Edited by Philippe CHANTEPIE, Richard COLLINS, Victor GINSBURGH & Yann NICOLAS


Introduction
Philippe CHANTEPIE, Richard COLLINS, Victor GINSBURGH & Yann NICOLAS

Understanding the Challenges of the Digital Economy:
The Nature of Digital Goods

Thierry RAYNA

Dematerialization in the AV Industry, From Boxes to Attention
A case study of a newcomer, Tivo

Dominique BOULLIER & Frédéric HUET

Trust in the Digital World - The Return of the Kings of Old
Richard COLLINS

Access to Audio-visual Contents, Exclusivity and Anticommons in New Media Markets
Antonio NICITA & Maria Alessandra ROSSI

Audiovisual Media Services in the EU
Next Generation Approach or Old wine in New Barrels?

Peggy VALCKE, David STEVENS, Eva LIEVENS & Evi WERKERS

Interviews with
Gilles FONTAINE,
IDATE, France
Geoff MULGAN, Young Foundation, UK
Anne PERROT, Conseil de la Concurrence, France
David THROSBY, Macquarie University, Australia

Other paper

Is Functional Separation BT-Style the Answer?
Jason WHALLEY & Peter CURWEN

Features

Regulation and Competition
• The Art of Harmonizing Voice Call Termination Rates: Regulating the Regulators?
  Denis LESCOP

Firms and Markets
• New Music Markets
  Digital Formats, Rights Management, Live Performances
  Laurent MICHAUD

Use Logics
• Web 2.0 and Social Networking
  New Applications, New Business Models?
  Sophie GIRIEUD

Book Review
• Martin FRANSMAN, The new ICT Ecosystem : Implications for Europe
  By Jean-Paul SIMON
• R. MANSELL, C. AVGEROU, D. QUAH & R. SILVERSTONE (Eds), The Oxford handbook of ICT
  By Jean-claude BURGELMAN
• Don TAPSCOTT & Anthony D. WILLIAMS, Wikinomics. How mass collaboration changes everything
  By Jean-Pierre DARDAYROL
Thierry RAYNA
Understanding the Challenges of the Digital Economy: The Nature of Digital Goods
Key words: digital goods, public goods, durable goods, experience goods, piracy.

This article investigates the economic nature and characteristics of digital goods. Such goods are, due to their replicability, shown to be public goods (albeit in an evolutionary way) and durable goods. Furthermore, the content of such goods, combined with their durability, makes them experience goods. While only one of these characteristics would be sufficient to create difficulties for producers and lead to market failure, this article demonstrates that each of the characteristics reinforces the other. The framework presented in the article is then applied to two important issues: the new trend of massive consumer piracy and the overall problem of value of digital goods.

Dominique BOULLIER & Frédéric HUET
Dematerialization in the AV Industry, from Boxes to Attention
A case study of a newcomer, Tivo
Key words: AV industry, dematerialization, service relationship, attention economy, broadcasting, EPG, DVR, audience.

The audiovisual industry's evolution towards the digital era has enabled new actors to enter the market. Tivo Inc has positioned itself as a new comer on the home electronics market by offering both equipment - digital video recorders - and recording services. Although this offer is innovative and evolutive, Tivo's entrance into the AV industry has been highly constrained in that Tivo's interests often conflict with those of established actors. It is Tivo's penetration and dematerialization strategy that we shall analyse in this article; in particular we will examine the services and technologies Tivo has mobilized, the evolution of the valued intermediation functions and the various dimensions of the targeted users. Understanding how these different dimensions combine with one another helps to understand the different attention capturing mechanisms on which this strategic positioning is based.

Richard COLLINS
Trust in the Digital World
The Return of the Kings of Old
Key words: trust, mass media, Web 2.0, self-regulation, trustworthiness.

Drawing principally on examples and literature from the Anglosphere, the author argues that the high salience given to "trust" and "trustworthiness" in recent scholarly literature, and which (notably in Putnam's work) attributes declining trust to a widely mistrusted mass media does not acknowledge the trustbuilding potential (realised in some instances) of interactive "Web 2.0" applications. Drawing on O'Neill's proposal that trust inheres in dialogue and mutual checking and verification, the author argues that "Web 2.0" media provide a variety of instances where the "dialogic" character of "Web 2.0" has established and enhanced trustworthiness. He argues normatively for a combination of "Web 2.0" interactivity and the adoption and implementation of self-regulatory codes in order to enhance the trustworthiness of the media.

Antonio NICITA & Maria Alessandra ROSSI
Access to Audio-visual Contents, Exclusivity and Anticommons in New Media Markets
Key words: contents, new media, anticommons, antitrust.

Media markets are characterized by strong peculiarities that often call for long-term exclusivity contracts between content providers and distributors or for vertical or horizontal integration. This paper analyzes and compares the economic effects of existing alternative systems of access to valuable content for new media platforms, under the lens of technological convergence and 'network neutrality'. The analysis suggests the increasing need for a coordinated regulatory framework aimed at balancing costs and benefits of the different models in order to ensure that the development of new markets and new technologies in the age of media convergence is not hindered by "anticommons" tragedies.

Peggy VALCKE, David STEVENS, Eva LIEVENS & Evi WERKERS
Audiovisual Media Services in the EU
Next Generation Approach or Old Wine in New Barrels?
Key words: content regulation, audiovisual media services.

In this article, we analyse how the European legislator is currently responding to some of the recent changes in the media and communications environment with the adoption of the Audiovisual Media Services Directive. What is the European approach to address the challenges brought about by the technological changes in the audiovisual sector? How is the EU devising a future model for content regulation? The article also puts forward a number of critical remarks that should be taken into account in the framework of the debate on future content regulation, indicating where the AVMS Directive falls short.

Jason WHALLEY & Peter CURWEN
Is Functional Separation BT-Style the Answer?
Key words: Openreach, functional separation, UK.

This paper focuses on functional separation. After recounting the circumstances that culminated in the imposition of functional separation within the UK, the paper highlights the difficulties that have been encountered subsequent to the creation of Openreach. Functional separation developments outside the UK are then described and doubts raised as to whether the Openreach model is appropriate for other markets.
Dominique BOULLIER is Professor of Sociology, University of Rennes 2, and has been director of the LAS (Laboratoire d'Anthropologie et de Sociologie) since 2005. He is creator and director of the Lutin User Lab (CNRS-Cité des Sciences, Paris, 2004-2008) and was director of Costech research unit (Université de Compiègne,1998-2005). Dominique was CEO of Euristic Media (1989-1996), consulting company in the field of technical documentation and ergonomics for ICT. He is specialized in ICT uses research and ICT innovation strategies since 1983. Involved in many European projects, such as "Passe Partout" ITEA project about IP TV (2005-2007). Author of 14 books and 80 scientific papers. Last relevant publications: L'outre-lecture: manipuler, s'approprier, interpréter le Web, Centre Pompidou, 2003; La télévision telle qu'on la parle, L'Harmattan, 2004.
He has a Ph.D. in sociology, HDR thesis in information and communication sciences and a master degree in linguistics.

Jean-Claude BURGELMAN is adviser for information society issues and innovation policy for the Bureau of European Policy Advisers. The mission of the BEPA is to provide timely, informed, policy and political advice to the President and Commission Services on issues relevant to the President's agenda and the future of policies in the Union. He joined the European Commission in 1999 as a Visiting Scientist in the Joint Research Centre (the Institute of prospective Technological Studies - IPTS), where he became Head of the ICT unit in 2005. He has degrees in social sciences (Ph.D., 1986) and in science and technology policy (MA, 1991) from the Free University of Brussels (FUB).

Philippe CHANTEPIE is Chief of Department for studies, foresight and statistics to the Ministry for cultural & audiovisual, member of the National council of statistical information. He is Associate professor of economy of digital industries to the University Paris 8, assistant professor of immaterial economy to the Institute of Political Studies of Paris, lecturer of digital economy of cultural industries to the University Paris 1 and to the National school of telecommunication. He was a representative of general inspection to the Ministry for cultural & audiovisual, technical adviser of information society regulation, chargé de mission of information and communication technology on the Council of strategic analysis, member of the Mission e commerce in the Ministry of economics. He has published two books: Révolution numérique et industries culturelles, (with Alain LEDIBERDER), La découverte, 2005; La nouvelle politique économique, l'Etat face à la mondialisation, Presses Universitaires de France, 1998.

Richard COLLINS is Professor of Media Studies at the Open University in the UK. He was Specialist Advisor to the UK House of Lords' Select Committee on BBC Charter Review (2005-6) and has written extensively on the electronic media including (all in 2007): "Rawls, Fraser, Redistribution, Recognition and The World Summit On The Information Society", in International Journal of Communication 1, 1-23, http://ijoc.org/ojs/index.php/ijoc/article/view/51/16; "The BBC And Public Value", in Medien und Kommunikationswissenschaft, no. 2, 16-184, http://www.m-und-k.info/MuK/hefte/Aufsatz_07_02.pd; "Trilateralism, Legitimacy And The Working Group On Internet Government", in Information Polity, v 12, 1-2, 15-28; "Hierarchy To Homeostasis? Hierarchy, Markets And Networks In UK Media And Communications Governance", in Media Culture and Society, 30.3, 295-317.
r.e.collins@open.ac.uk

Peter CURWEN is visiting professor of telecommunications strategy at the Strathclyde Business School, Glasgow and also researchers and publishes on a private basis. He was previously professor of business economics at Sheffield Hallam University. His primary research interests concern the manner in which a rapidly changing environment affects the structure of the mobile telecommunications industry and its strategic implications for major companies in that sector. He has published three books on telecommunications, including Telecommunications Strategy: Cases, Theory and Applications (Routledge, 2004) with Jason WHALLEY.
pjcurwen@hotmail.com

Jean-Pierre DARDAYROL joined the CGTI (Conseil général des technologies de l'information) in 2003 as a senior advisor in the field of ICT, specialising in software industries and usage innovations. He is also a research fellow at Grenoble MSH-Alpes (CNRS), President of CARSI (Carcassonne ICT summer University and Grenoble winter University). Jean-Pierre Dardayrol graduated from the Ecole polytechnique in 1972 and TelecomParisTech in 1977.

Gilles FONTAINE is IDATE's Deputy CEO and managing director of Consulting and Research after having previously headed up the Media Economics department. Prior to joining IDATE, and after a stint with the Ministry of Culture and the French radio broadcasting company SOFIRAD, Gilles worked for the national deposit and consignment office, La Caisse des Dépôts et Consignations, monitoring investments in a large number of media and multimedia companies. Gilles has also been involved in developing thematic TV channel operations. He holds a degree from the French business school, HEC (Ecole des Hautes Etudes Commerciales, 1983) and from the Institut MultiMédias (1984).
g.fontaine@idate.org

Victor GINSBURGH is honorary Professor of Economics at Université Libre de Bruxelles, and co-director of the European Center for Advanced Research in Economics and Statistics. He was visitor at Yale University, University of Chicago, University of Virginia, University of Louvain, as well as in Marseilles, Paris, Strasbourg and Alexandria. He wrote and edited a dozen of books (among which The Structure of Applied General Equilibrium, Cambridge, MA: MIT Press, 1997, with M. KEYZER) and is the author or co-author of over 160 papers on topics in applied and theoretical economics, including industrial organization and general equilibrium analysis. His recent work includes economics of the arts (including art history and aesthetics), wines and languages. His papers have appeared in American Economic Review, Econometrica, Journal of Political Economy, Games and Economic Behavior, Journal of Economic Perspectives, Journal of the European Economic Association, European Economic Review, International Economic Review, Journal of Industrial Economics, Journal of Cultural Economics and many other journals. He is coeditor (with David THROSBY) of the Handbook of the Economics of Art and Culture (Amsterdam: Elsevier, 2006), and past president of the International Association for Cultural Economics.
http://www.ecares.org/ginsburgh.html

Sophie GIRIEUD is a consultant at IDATE, with media markets as her prime area of focus. Prior to this, Sophie worked as an economic consultant for France's National Centre for Cinematography's (CNC) Media Division, where she produced a report on funded media production and the CNC's involvement in animated productions in 2005, in addition to contributing to the Audiovisual Production Observatory. She is a graduate of the EDHEC Business School.
s.girieud@idate.org

Frédéric HUET has been an assistant professor at Université de Technologie de Compiègne since 2006. His research fields include the economics of organization and innovation. More specifically, his work focuses on cooperative relationships, as the new predominant model of organization in a knowledge based economy. Investigations have considered the impact/causation of the digital paradigm and convergence for such relationships. F. Huet has notably been involved in a European project to study the mutations of the audiovisual industries in this new context, and specifically emerging strategies and business models.

Denis LESCOP is Professor of law and economics at Telecom & Management Sud-Paris (member of Institut Télécom). He is responsible for the Innovation axe of CEMANTIC, management lab of Telecom & Management Sud-Paris. His research focuses on the analysis of regulation policies in the telecommunications and media sectors. He was previously casehandler for the French competition Council and head of economic and technical studies unit at the French Telecommunications Regulator. Denis holds a Doctorate in Economics from the Université de Franche-Comté.

Eva LIEVENS joined the Communications Law department of ICRI in December 2003, where she conducts fundamental research in the area of content regulation in a digital interactive media environment. She is preparing a Ph.D. titled "'Legal instruments for content regulation in digital media - A prospective study on the protection of minors against harmful content". Other media law related research she is involved in deals with legal challenges posed by new communication phenomena, such as user-generated content, and virtual networks (IBBT project ISBO VIN). Eva is also a member of the Advisory Committee of the CoBeNo-project (EU Safer Internet Plus Programme - www.saferinternet.be) and of the Belgian Film Evaluation Committee ("Commissie Filmkeuring").

Laurent MICHAUD is Head of Digital Entertainment Practice at IDATE. Laurent acts as project manager for market reports on video games, music, peer-to-peer, digital rights management and content protection, mobile electronics and the digital home. He provides OSEO Innovation (a national business development and support organisation) with expert technical-economic analysis of strategic issues relating to video games, TV, internet and video. Laurent has also created the International Video Game Forum, which has been taking place in Montpellier every year since November 2002. Prior to coming to IDATE, he worked as project manager for the Centre d'Études et de Projets, Montpellier University's Economic Sciences research laboratory. He holds a post-graduate degree in Economic and Financial Regional Project Engineering from the Université de Montpellier.
l.michaud@idate.org

Geoff MULGAN was born in 1962 and is director of the Young Foundation. Formerly, he was director of the Government's Strategy Unit and head of policy in the Prime Minister's office (1997-2004). He was founder and director of the think-tank Demos, (1993-97); chief adviser to Gordon Brown MP (1990-92); a consultant and lecturer in telecommunications and media policy at the University of Westminster (1987-90); and an investment executive at GLEB, the Greater London Enterprise Board (1984-86). His publications include Connexity (Harvard Business Press and Jonathon Cape, 1998); Saturday Night or Sunday Morning (with Ken WORPOLE Comedia, 1987); Communication and Control: Networks and the New Economies of Communication (Blackwells, 1991); Politics in an Antipolitical Age (Polity, 1994); Life After Politics (Harper Collins, 1997). His career tracks the emergence of the idea of reorienting the UK economy from manufacturing to intangibles from the academic margins, through a relatively small local authority initiative (GLEB), to the national political mainstream. His career also marks the emergence of "think tanks" as crucial linking or brokering organisations where policy is developed and transmitted to Government.

Antonio NICITA is Associate Professor of Economic Policy at the University of Siena, Italy and Senior Partner at the Italian consultancy firm Studio Economico Parcu&Partners. He has previously worked for the Italian Competition Authority and has been member of the Technical Cabinet of the Italian Ministry of Communications (2007-2008). He is the author of numerous publications in international journals.

Yann NICOLAS is an economist-researcher at the Département des études, de la prospective et des statistiques (DEPS) of the French ministry of Culture and Communication, part-time lecturer at the University of Paris-VII – Denis-Diderot, and associate researcher at ERUDITE-Université de Paris-XII – Val-de-Marne.

Anne PERROT is Vice-Chair at Conseil de la Concurrence since october 2004. She is the president of the Association of Competition Economics. She was previously full professor at University of Paris I-Panthéon Sorbonne.
Anne received a Ph.D. in Mathematics and a Ph.D. in Economics for which she was awarded prizes by the Association Française de Sciences Economiques and the Chancellerie des Universités.
She was a member of the EAGCP working with the chief economist team at DG Comp during the years 2003-2005. Anne's research fields include industrial economics, competition policy, regulation, and network economics. She is co-editor of economics journals, like Economie et Prévision and Competition Policy International.

Thierry RAYNA is a Researcher at Imperial College London. He holds a Ph.D. in Economics and was, for three years, a Doctoral Research Fellow at Ecole Polytechnique (Paris). He also was, for one year, a European Research Fellow at the University of Cambridge. His research investigates the economic consequences of the nature and characteristics of digital goods such as films, music, software and information.
t.rayna@imperial.ac.uk

Maria Alessandra ROSSI is Researcher in Law and Economics at the Department of Economics at the University of Siena, Italy, and Director of the Innovation Research Area at the Institute for Competitiveness (I-Com), in Rome. She holds a Ph.D. from the University of Siena. Her research interests cover Law and Economics Competition Policy. She teaches courses on Law and Economics, Economics of Innovation and Economics of Organization.

Jean-Paul SIMON is Founder and director of JPS Public Policy Consulting, a consulting firm specialised in media/ telecom law and regulation. He has written several books and articles on communications and public policy. He is a frequent speaker on telecommunications and media in Europe and the USA. He holds a Ph.D. in Philosophy (1975) and is a graduate from the Ecole des Hautes Etudes Commerciales (econometrics) 1971.
jpsmultimedia@orange.fr

David STEVENS is a legal researcher and research coordinator at ICRI. His expertise relates to the evolving role of governments and national regulatory authorities in the areas of telecommunications and media law. He is preparing a Ph.D. on this topic. David is also actively involved in a number of government advisory bodies in the Belgian media and communications sectors, such as the "Vlaamse Mediaraad" and of the "Observatorium van de Rechten op het Internet". Since 2006 he has been the president of the Consultative Committee on Telecommunications ('Raadgevend Comité voor de Telecommunicatie'), a permanent advisory body to the federal Minister for Telecommunications.

David THROSBY is Professor of Economics at Macquarie University in Sydney, Australia. He has published widely in the economics of art and culture, as well as in the economics of the environment and the economics of education. His book Economics and Culture (Cambridge University Press, 2001) has been translated into five languages and his new book, The Economics of Cultural Policy, is due for publication by Cambridge in 2009.

Peggy VALCKE is lecturer in media and communications law at the Catholic universities of Leuven (K.U.Leuven) and Brussels (K.U.Brussel). She is affiliated to the Interdisciplinary Centre for Law and ICT (ICRI) at K.U.Leuven (part of the Interdisciplinary Institute for BroadBand Technology, IBBT) as postdoctoral researcher of the Fund for Scientific Research Flanders. She has a Ph.D. in Law. Current research activities include measurement of media pluralism, legal aspects of user-generated content, mobile television, e-publishing, public service broadcasting and state aid, co and self-regulation in the media and privacy in electronic communications. She is a former member of the European Focus Groups for the revision of the Television without Frontiers Directive and is currently a member of the Flemish Media Regulator (VRM) and the Belgian Competition Council.

Evi WERKERS obtained her degree as Master in Law in 2004 and an advanced degree as Master in Cultural Management in 2005. She started working in November 2005 as a legal researcher at ICRI where she specialises in copyright and media law with a focus on e-publishing, e-journalism and e-culture. She cooperated in several IBBT-projects with regard to interactive Digital Television (CIcK), e-culture (VACF), e-learning (ASCIT) as well as various other projects (eDavid, MONIT, VINN). At the moment she participates in the multi-disciplinary research IWT-SBO project FLEET (FLEmish E-publishing Trends) and the IBBT project CUPID (Cultural Profile Information Database).

Jason WHALLEY is senior lecturer in the Department of Management Science, University of Strathclyde, Glasgow. His research interests include the internationalisation of mobile operators, as well as the development of telecommunications policy in mountainous developing countries. In addition, his research also examines the diffusion of broadband and the regulatory measures taken to encourage its uptake.
jason.whalley@strath.ac.uk


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