PHOTO: Tim Heitman/NBAE/Getty Images
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Billionaire Mark Cuban is known for his sideline
antics as the owner of the Dallas Mavericks
basketball team, but he built his empire on
technology from his pioneering online
broadcasting service, Broadcast.com, to his
high-definition television network, HDNet.
In the second part of our interview, Cuban
discusses a few of his favorite high-tech
topics: file sharing, digital distribution, and YouTube.
IEEE
Spectrum: When the music and motion picture
industries sued Grokster, the file-sharing service, you
backed Grokster. Why? How does that fit in with your
vision of digital distribution?
Cuban:
Because Grokster v. MGM was about who can control—who
could shut down—technological advances. It went back to
the Betamax ruling, where all the studios tried to shut
down the VCR. The judges at the time said that if you
have substantially noninfringing applications, you can't
shut it down. Well, they were trying to redo the whole
thing, and to me, that was scary—particularly in a
digital age, where, as it turned out, they said that if
an organization induces copyright infringement and
rights violations, then they are liable. That hurt
Grokster.
But I really didn't care about Grokster. I cared more
about freedom of intellect, if you will. As it stands
right now, we didn't win. We didn't lose completely, but
we certainly didn't get the best of the ruling. But as
it stands, if an 18-year-old kid in his computer science
class writes about a piece of software that a big
technology company feels threatened by and thinks
induces people to infringe, or thinks it violates
this—then they can sue them. And they can sue them into
oblivion, and that kid has got no protection.
IEEE
Spectrum: What about YouTube?
Cuban: That's
a completely different animal. If I originate something
on my own, and it's threatening to a technology company,
then they can come after me. For example, say somebody
came up with a different way of dealing with garage door
openers, and they got sued over it under this Digital
Millennium Copyright law. That's ridiculous. That's why
I supported Grokster. YouTube, on the other hand, is a
whole different beast. Under the Digital Millennium
Copyright Act, there is a thing—the safe harbor [which
protects service providers from copyright infringement
claims made against them because of their customers'
actions]. It seems to me that so much of YouTube's
success and model is based on the safe harbor—which
seems really slippery.
IEEE
Spectrum: The safe harbor is for ISPs.
Cuban:
Exactly. So that if David loads up porn, or copies of a
DVD, then the ISP can't get sued because it has no
control. What it didn't say was—David loads it all up,
and you can put it on your own Web site, and financially
benefit from it. And what I wrote in my blog today was,
I took a play off of “Seinfeld”: the master of your
domain. Remember the “Seinfeld” episode? I said what the
safe harbor laws will come down to is provisions: Are
you master of your own domain? Meaning, if you buy
YouTube.com, do you control what's on there, or not? Of
course you do. If you are a service provider and it's
going on your Web site domain, you don't control someone
else's domain, so are you the master of your own domain?
Or are you not? Of course you are. So if you [consider]
the safe harbor, I don't think YouTube is a service
provider. Two, it says that if you are aware of
infringement, you have got to do something about it—and
how can they not be aware of this? Three, it says that
if you benefit financially from it, then you are liable.
Well, there are banner ads everywhere, there's your
infringing equipment.
IEEE
Spectrum: Where do you see YouTube 10 years
from now?
Cuban: They
are gone. They will be rolled right into Google Video,
and Google Video will have ways to evaluate the video
before it's posted, and that will be fine. And maybe
YouTube URLs will redirect to Google Video. If anything,
if I'm wrong, and the safe harbor laws apply, then I'll
create a business leveraging that. Because if safe
harbor laws might apply, and YouTube chooses to limit
their file sizes to 100 megabits—I will limit file
sizes to 100 terabits! Let's see what kind of good stuff
we can have.
IEEE
Spectrum: Do you use file-sharing sites?
Cuban: It's
been more of a hassle. BitTorrent takes forever. I'm not
patient enough to let it download overnight. You still
don't even know if you will get it overnight; it might
take two or three days. So it's more hassle than it's
worth. I don't go to LimeWire to find music. I don't go
to BitTorrent, other than to check for our movies.
IEEE
Spectrum: To see if they have been pirated?
Cuban: Yes.
IEEE
Spectrum: What do you do if they have?
Cuban:
Nothing. Cause those kids weren't gonna spend the money anyways.
IEEE
Spectrum: What are your thoughts about
Microsoft and the change of ranks there, and how Bill
Gates is kind of getting out of the picture?
Cuban:
Microsoft is so big. I don't think there's anything
dramatic that's happened. I'm sure Steve Ballmer knows
what Bill Gates is good at. If he has a question, he'll
ask him. I don't think they feel like they're missing
anything. I think Steve has got ungodly amounts of
energy, and he's a supersmart guy, but he's also got to
manage a business that is in a lot of businesses. It's
not like Google [even though] people compare it to
Google. Google does one thing right, and they're
marginal at everything else. [Google is] more like
Microsoft back in the mid-'80s, when it was PC-DOS and
Lotus 1-2-3 and dBase II. WordPerfect, MultiMate, and
WordStar were dominant. These guys only had one product,
and the question was, Could Microsoft move to other
things? Now Microsoft is in so many businesses they're
trying to win at, that it's a completely different
beast. Hell, I feel sorry for those guys cause they have
to do everything right. Whereas Google is just an
advertising yield company. They generate or buy as much
traffic as they can. They are the difference [between]
what other people's expectations of earnings are—based
on advertising—versus what they feel their algorithms
and technology can do to earn more. AOL thinks they can
earn x
percent? Well, nah nah nah, they don't know it but we
can earn x
plus x.
And that's how Google keeps on going. They are
phenomenal at what they do. In that one area, they are
the best by far. But that's all they do. They haven't
even really pretended to go out into any other areas.
The YouTube deal is just about the same thing, only video.
IEEE
Spectrum: How do you advise others just
starting out in the business?
Cuban: Just
have fun and be good at what you do. Most people don't
make the effort to be the best at it, you know? They
just try to make sure everybody thinks they're the best.
But most people don't do the work. That's what I tell
people: if you're going to do something, be the best at
it. Take chances and learn from your mistakes. Put
yourself out there to let people criticize you, and then
learn from it. That is a never-ending process. You gotta
keep on learning, always be learning. And most people
don't do that.
It's like sports. If you can't shoot with your left
hand, you'd better practice. Business is no different;
if you want to get better you practice. You want to get
better at coding, you read more code, you write more
code. You let people pick at your code, and you compare
your code. You argue with people. You put yourself out
there. You say, “Here's where I stand.” It's one thing
to put it in a bar conversation; it's a whole other
thing to tell the world, “This is exactly what I think:
you are a moron if you buy YouTube.” I could be proven
wrong. Worst case is that I learn something.
Click here
to check out the first part of the interview with Mark Cuban