Media is software, software is media

Much attention has been given to how media is getting killed trying to make the leap to the digital age.

Newspapers are literally dying while they search for an online business model. Magazines are being replaced by blogs. Craigslist destroyed the classified ad industry. Kindle is the most successful attempt so far to update the book, but it's hardly mainstream. (My dad said he never heard of it.) Movie theaters don't make any money unless you buy a popcorn.

Meanwhile, we have had occasional public discussion about whether software is speech, as these other forms of media are. Often, digital rights sit in the middle of these discussions, as some company invokes the DCMA to stop a coder.

But, I recently noticed something that made me realize that software, particularly games, are even closer to traditional media than I thought.

At the bookstore, I started seeing many books that originated from computer games. These include everything from long, intricate novels to comics. Apparently, this has been going on for a while, but it's reaching a point of mainstream acceptance, which is why I finally noticed it.

Of course, good games have always told stories. I can remember some of my Civilization empires as clearly as some movies. Games are increasingly described today as "prequels" or "sequels", and not just in the sense of having newer features, but literal extensions of the storyline.

And, sometimes at the end of a game, you miss the characters, just as you do when you turn the last page of a good book. Which is why these books make perfect sense: another chance for fan interaction.

As we contemplate how to apply old laws to new forms of digital media, new forms of digital media are morphing with the old ones.

So, while technology threatens to knock the doors off our old understanding of speech and fair use, software may actually deliver the bigger blow by changing what our definitions of media and speech. Software is speech.