I'll play the role of devil's advocate / British Royal Navy here.

This article demonstrates a shaky grasp of the entertainment industry's structure, and that shaky grasp leads the author to make unwarranted assumptions and misguided conclusions about the intent of almost wholly unrelated parties.

Contrary to most gut-level consumer assessments of the industry, the industry itself is not some monolithic and homogenous unit. Within the industry are countless different companies and parties, as different from one another as, say, Apple is from Google. (Though Apple's products and Google's products often intermingle, it would be silly to conflate the two companies altogether into one, single-minded unit; this is essentially what the author of this piece does with companies in the entertainment business).

To wit:

"Gladiator, Channel 10....What better time for a giant cartoon helicopter to fly around the screen announcing, "Don't forget, Merrick and Rosso! The B-Team! Every Wednesday night at 7.30!"

I remember every syllable of that ad. Positioning ads like this is, Gruen has told us, is most effective as we're at our most vulnerable. But at the same time this was like the network raising its middle finger at the us...

First of all, more likely than not, this wasn't the "network." This was your local affiliate station (Channel 10). In this case, the station's general manager was the one "raising his middle finger" at you. He purchased the broadcast rights to the movie. He is one person. He is not employed by the network whose programs he carries on the national portions of his airtime. (And this movie airing was likely a local portion).

More to the point: neither he, nor the network with which his station is affiliated, had anything to do with the making of the movie. To be angry at this promo placement is fine; to draw conclusions that the company who made the movie bears any responsibility for this placement is silly. If you don't want to watch "Gladiator" with local promos thrown in, don't watch it on local TV. Watch the DVD, the Blu-ray, Netflix, iTunes, cable on-demand, or any of the other legitimate ways to view "Gladiator" that are at your disposal. It's absurd to make the claim that piracy is your only hassle-free way of viewing the film, or that it's the only reasonable resort left to someone so offended by a local promo in a local broadcast.

At the end of the day, much of this piece is the same, warmed-over and intellectually lazy argument in favor of piracy that we've all heard a million times before. It's an argument that attempts to justify theft by pointing to the supposedly heavy burdens born by legal purchase, and by villifying the producers and distributors of said product. And that argument doesn't hold up. The consumer burdens (some forms of DRM notwithstanding) really aren't that onerous, and the companies behind the content -- while slow to grok the technology disrupting them, and thus highly reactionary -- aren't some evil cabal hell-bent on fucking you over. Let's call this what it really is: piracy is convenient, cheap, and mostly consequence-free. That's why everyone likes it. Let's not add a veneer of moral justification to it.

People can find post-facto justifications for pretty much anything they like doing. If people found a way to steal gasoline cheaply and easily, they'd come around to the idea that the oil companies were getting what they deserved. If stealing produce off the shelves of Whole Foods were no big thing, we'd point to our least favorite Whole Foods business practices as justification for our actions. And so on and so forth.

Two wrongs don't make a right. Hollywood does a lot of things wrong. No question about it. But piracy predated many of everyone's critiques of the business, and the practices everyone hates so much. Furthermore, piracy has only made the situation worse, by making the entertainment companies more paranoid, more reactionary, and more defensive.

If we really want to change the Hollywood distribution model -- which certainly does need rethinking -- then let's act constructively about it. Let's form startups in that space. Let's support, by voting with our wallets, disruptive and interesting players in that space. Let's not rebel against the marketplace, but rather, let's demonstrate the voice of the consumer in the marketplace by shifting power and resources to the companies making strides in favor of the consumer.