The Hollywood Stock Exchange, and bands with shareholders

If investment bankers can gamble on the success of big-money projects, why can’t the rest of us? Well, of course, we can – but those sort of big-money projects aren’t the sort of thing that get us normal folk excited, nor the sort of thing we understand (or think we understand) sufficiently to throw our money after.

But if you scratch a film buff, underneath you’ll find someone who thinks they can predict how well a movie will do once it gets released… and Hollywood reckons that’s an as-yet untapped source of funding for big-budget blockbusters. Hence HSX, the Hollywood Stock Exchange, is set to re-launch in April of this year as a real-money commodity exchange [via SlashDot]:

Since 1998, HSX has allowed just-for-fun traders to buy and sell valueless shares in Hollywood films based on forecasts of what the pics will ring up. Once launched, a new HSX site will list current and imminent movie releases with their projected four-week domestic grosses and allow exchange users to take long or short positions on the films.

A formal announcement about rules and guidelines for HSX users is expected closer to the launch. The exchange hopes to lure hobbyist investors as well as industry professionals, though the latter will be prohibited from improper insider activity.

For instance, distribution execs with access to early boxoffice data will be barred from making trades on the exchange after a film has opened. But film financiers will be allowed to invest in HSX an amount equal to a minority percentage of their total investment in a movie.

(Oh, man, you just know there’s gonna be some spectacular gaming of this system at some point, assuming it lasts long enough for gaming it to be worthwhile. It’s just too tempting, especially for such a historically desperate and greedy industry.)

Investors wishing to participate in the exchange will buy “contracts” priced at one one-millionth of a film’s projected boxoffice, with films to be listed on the exchange from the time productions are announced in the industry trade papers. Trading will begin six months before a movie’s anticipated wide release.

I make no claims to financial expertise of any kind, but I think I’d still assume that the safest way to gamble on the future of Hollywood properties would be to invest in something else entirely…

But a thought occurred to me while reading about HSX, namely that something like a stock purchasing model might act as a sort of bolt-on or extension to the crowdfunding models for creatives that we were discussing the other week. Say you’re in a band, you’ve done a few national tours, self-released an album, got some buzz going. How do you take things to the next step?

Systems like the newly-in-administration SellaBand are all well and good, but there’s still an intermediary middle-man involved, and the investment is conditional as well as project-specific; so why not just float your band (or your two-person animation studio, or yourself as a writer, or your guerrilla puppetry theatre mob or whatever) like a public company, offering shares to potential investors who tend to buy oil shares in exchange for their influence and input on what the band does? Product replaces dividends, tours and appearances are booked according to geographical distribution of fans, etc etc… it’s a bit like Kevin Kelly’s 1,000 True Fans idea, I guess, but much more formalised, with legally-binding obligations in both directions.

I’m pretty sure someone could knock up a software suite for managing all the paperwork necessary in order to make this happen, though I’ll confess that my knowledge of buisness law is sufficiently lacking that I have no idea whether or not it is legal (let alone practical, given the lack of a trusted and reliable micropayments platform and the morass if international business law). Can anyone in the audience shed a light on some of the details?

And more to the point, would anyone like to buy shares in Futurismic? We may not be profitable, but we’ve got a warehouse full of kudos… 😉

Haven is a place on earth: can Iceland be made into a free-speech safe harbour?

Icelandic flagVia Jay Rosen, here’s an interview with Julian Assange, editor of the infamous Wikileaks whistleblower website, explaining how the Icelandic Modern Media Initiative organisation intends to attempt to turn Iceland into a global safe haven for journalism and free speech:

BOB GARFIELD: So you’ve skimmed the cream of media protection and source protection laws from around the world, from the U.K., from Sweden, from Belgium, and so forth, with the idea of benefiting Icelanders or of, in fact, becoming a haven where journalists from around the world could take refuge to do their work without fear of government interference?

JULIAN ASSANGE: Some people say haven, but we want to aim for heaven. Yes, it’s actually possible to use a law in one jurisdiction to strengthen the press in another. For example, we were involved in a case in South Africa where the South African Competition Commission released a redacted report on cartel behavior in the South African banks. We then released the redacted portions, and a prosecutor was appointed to go after our source.

We used the Swedish and Belgian law successfully in that case to argue that the investigation team in South Africa was at risk of becoming party to a crime in Sweden and Belgium. People don’t want to risk that, and they don’t want to risk fighting that out in court or having their assets seized overseas or having problems when traveling.

That’s the, the reason source protection and other protections of the press can have positive effect in jurisdictions around the world.

BOB GARFIELD: Now, you talked about heaven. I’m afraid I have to ask you about hell. I wonder if a regime of blanket protection for journalists and those who are legitimate sources wouldn’t also protect those who would wish to hide behind these impregnable shields to create mischief, whether it’s libel or blackmail or simple journalistic irresponsibility?

JULIAN ASSANGE: You have to remember there are not absolute protections. For example, malicious libel is not protected against in the new package of laws. And, I mean, what country is suffering from too much press freedom? Can you name the country that is actually at risk of having a too vibrant and free press? There is no such country.

It’s a lovely idea, very noble and very necessary… but geography is a slippery thing already, and a small country like Iceland – recently eviscerated as it was by the economic collapse – might have trouble standing up to big players (or coalitions of smaller ones), be they nation-states or corporations. [image by biologyfishman]

While we’re speaking of the psychogeography and architectural philosophy of islands, Tim Maly’s recent “Islands In The Net” essay examines the increasingly weird legal status of islands (and the reasons they’re so attractive and important to governments and anti-statists alike), and it includes a link to an article at the Citizen Media Law Project which is less than bullish on the chances of IMMI’s campaign doing much good:

… the problem is that whatever Iceland does, it can’t change the 500-pound gorilla of international media law: the principle that publication happens at the point of download, not the point of upload. The poster child case for this principle is Dow Jones & Co., Inc. v. Gutnick, a case that reached the High Court of Australia in 2002.  In that case, Gutnick sued Barron’s Online for publishing an allegedly defamatory article about him, and despite the fact that no one in Australia other than Gutnick’s lawyers actually read the offending article, the judges unanimously ruled that Australian laws applied, and thus Dow Jones (publisher of Barron’s Online) was liable to Gutnick.  At least at the time, the High Court of Australia was the highest court worldwide to hear a case involving this issue, and for better or worse, its ruling has carried the day in similar cases around the world since.

This will be a long battle, I suspect, but I’m glad to see some Davids giving Goliath the finger.

Fab another little piece of my heart now, baby: 3D printing human organs

The idea of printing replacement biological tissue and organs has been around for a while – we mentioned the development the pressure-assisted spinning system back in 2007, in fact – but it looks like it’s finally reached the point where people think they can make a profit from it on a commercial scale. Via io9, The Economist tells us about Organovo and their US$200,000-a-pop commercially-available bio-printer:

To start with, only simple tissues, such as skin, muscle and short stretches of blood vessels, will be made, says Keith Murphy, Organovo’s chief executive, and these will be for research purposes. Mr Murphy says, however, that the company expects that within five years, once clinical trials are complete, the printers will produce blood vessels for use as grafts in bypass surgery. With more research it should be possible to produce bigger, more complex body parts. Because the machines have the ability to make branched tubes, the technology could, for example, be used to create the networks of blood vessels needed to sustain larger printed organs, like kidneys, livers and hearts.

I can’t wait to see what uses the street will find for this technology once it gets cheaper…

… no, scratch that. I think maybe I can wait after all.