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CD Copying Kiosks Endorsed in Australia

Iron Sun writes: "While the story is somewhat misleading in stating that the plan legalises piracy, CD copying kiosks have been given the go ahead here in Australia. It will be interesting to see what the Australian Recording Industry Association says about this. Supposedly the plan involves royalty payments to ARIA, but where artists stand is not discussed."

245 comments

  1. Great by Theo+DeRaadt · · Score: 4, Funny

    As if I needed more people ripping off my OpenBSD ISO images and giving them to their friends.

    --

    --
    Theo DeRaadt
    Founder, OpenBSD project.
    1. Re:Great by magicslax · · Score: 1

      Geeze, and I bet the ARIA wouldn't even give you royalties.
      Props on the first post, Theo.

    2. Re:Great by Disevidence · · Score: 1, Offtopic

      The only problem is, he wasn't first post. But what you can't see, doesn't exist, right?

      --
      Think nothing is impossible? Try slamming a revolving door.
    3. Re:Great by Anonymous Coward · · Score: 0

      Unfortunately, since this is Australia, the only thing pirated will be Kylie Minogue....

  2. It's a sting operation... by Anonymous Coward · · Score: 0

    The minute you walk out of the kiosk with two copies of Eminmem's new CD... BUSTED! RIAA cops swoop in and take you off to jail where you're never heard from again. "Fair use is dead!" the RIAA police will scream.

    1. Re:It's a sting operation... by Wild+Wizard · · Score: 0, Troll

      we don't have the RIAA here we have ARIA

      yet another stupid american opens his mouth *sigh*

    2. Re:It's a sting operation... by Anonymous Coward · · Score: 0

      You're so cute when you're smarmy and repugnant!

  3. Better Quality? by Random+Data · · Score: 3, Interesting

    with superior sound quality to home burners and able to outwit anti-copying devices

    OK, Apart from $5/burn (or a whole 30CDs before you've paid for that burner), HTF am I going to get better than 44KHz out of a CD? The only interesting thing is that someone decided the copiers weren't illegal in and of themselves.

    1. Re:Better Quality? by King+of+the+World · · Score: 2, Insightful

      Assuming they're telling the truth,

      Well quality is a measured like anything else. Quality is initial quality and duration of the media. There are good quality CDR disks and bad, and after a while you can tell the difference because they won't skip so easily with scratches. I have read that consumer CD writers don't burn as deep as commercial printers, which I assume is a quality issue. So 6 months later the sound quality might be better with one of these.

      You can't get high-res sound from low-res whether it be sound or image or whatever. But there are algorithms to clean up low-res sound - perhaps they apply these. It wouldn't be a lie, but it would be a strange opinion, to say that this was a superior sound.

      ps. New Zealand has kiosks like this.

    2. Re:Better Quality? by Anonymous Coward · · Score: 0, Troll

      [marketroid] Oh and make sure we use professional burners for our kiosks so we can claim superior sound quality.
      [engineer] What do you mean?
      [marketroid] I used to copy my stuff at a friend's place because he had a superior cassette deck. I want people to feel the same way with our kiosks.
      [engineer] But... cassettes are analog, cd's are digital!
      [marketroid] Hey kid, I'm the manager here. Do your job and I do mine, mmmkay? Now get lost.

    3. Re:Better Quality? by 0111+1110 · · Score: 1

      Well, pressed CDs are better at storing all those zeros and ones precisely. Sometimes, usually on older CD players, the refractivity of the laser induced chemical changes in the dye is not enough of a difference for a particular reader to clearly distinguish between what a zero or a one is. The result is errors which would then be interpolated by the reader into a more muddy sound. With pressed CDs you either have a pit in the shiny aluminum or you don't, and it's very easy for any reader to tell the difference. So, the problem is not so much that the data in both CDs is not the same but rather that the data in a burned CD is harder to read. Of course, I'm assuming that the machine produces real pressed CDs (which are also more durable). If it just burns CDRs then it really is BS.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:Better Quality? by packeteer · · Score: 1

      the two main types as many people know to creat cds are pressiong and burning... most comercial oporations will press their cds but sometimes they go cheap and burn em...

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    5. Re:Better Quality? by AaronPSU79 · · Score: 2, Informative

      Ummm if this machine were putting out stamped cd's they would cost a fortune. Stampers aren't cheap to make u know, thats why its only feasible when you're making large quantities of identical cd's

    6. Re:Better Quality? by King+of+the+World · · Score: 1
      Thanks. I always get my terms screwy.

      I knight thee, Sir Packeteer.

    7. Re:Better Quality? by edbarrett · · Score: 1
      You can't get high-res sound from low-res whether it be sound or image or whatever.

      I understand it's a typo, but you can get high-res sound from a low-res image. Mac only, AFAICT, but neat stuff.

    8. Re:Better Quality? by Jucius+Maximus · · Score: 2
      "Well quality is a measured like anything else. Quality is initial quality and duration of the media. There are good quality CDR disks and bad, and after a while you can tell the difference because they won't skip so easily with scratches. I have read that consumer CD writers don't burn as deep as commercial printers, which I assume is a quality issue. So 6 months later the sound quality might be better with one of these."

      You can control the power used by the laser to burn Audio Discs by using a drive that supports VariRec. My Plextor 40x12x40 IDE supports this but honestly I have not tinkered with it (yet).

    9. Re:Better Quality? by Anonymous Coward · · Score: 0

      actually you can get hi-res (I assume you are talking bitrate) from low-res sound...it just won't sound any better..... the bitrate can be upsampled, the quality will not get any better. saying hi-res and meaning high quality is the same as saying hi res images and meaning highquality. You can get very hgih quality at a low res and very low quality as high res (try scanning a blurry picture at 1200dpi, its high res, but low quality)

      we geeks need to keep our terminology straight, or the rest of the world never will

    10. Re:Better Quality? by Anonymous Coward · · Score: 0

      Well, in any kind of volume pressing is far cheaper than burning.

    11. Re:Better Quality? by King+of+the+World · · Score: 1

      And the more power the deeper the burn?

  4. these have been around for a while by v8interceptor · · Score: 2, Interesting

    I have seen these around for a while in Australia. The first one I saw in Melbourne in January, the second in Perth at my university.

    In the article it mentions they are superior quality to home burners - I wouldn't have thought there was a difference..?

    --
    --- Why are you wearing that stupid bunny suit? | Why are you wearing that stupid man suit?
  5. MOD PARENT AS TROLL by Anonymous Coward · · Score: 1, Insightful

    This is not the man of OpenBSD fame. He spells his name as "Theo de Raadt " [http://www.theos.com/deraadt/]

  6. Great! by Joe+Tie. · · Score: 2, Funny

    Time to grab some Moby CDs and book a flight!

    --
    Everything will be taken away from you.
    1. Re:Great! by Oily+Tuna · · Score: 5, Funny

      and book a flight

      Don't waste your time and money ... CDs burnt in an Australian kiosk won't work back home, they spin the other way.

      --
      Mmmmmmm ... sushi.
    2. Re:Great! by Anonymous Coward · · Score: 0

      Don't give the music industry ideas....

    3. Re:Great! by cybermint · · Score: 0

      I'd completely disagree with this analysis. It's something I was discussing with a work friend the other day.

      Artists like Moby are precisely the sort of artists who stand to benefit the most through distribution of their music through p2p networks. The reason is simple: Moby's music would be considered by many "alternative" and consequently it doesn't get a lot (any) air play. So where am I supposed to hear it to know whether I like it enough to buy the album?

      If that's the case, then why hasn't this album taken off then? Well, I'd say the recent successes of the RIAA in getting p2p networks shut down has probably helped, but ultimately, maybe the album just isn't as good? Not having heard it, I can't comment on that.. Maybe someone else can. Maybe the marketing of the album sucked? (I haven't heard of it all until now). Either way, I think it's clear that blaiming the p2p networks is based on opinion (And FUD) rather than fact.

    4. Re:Great! by Anonymous Coward · · Score: 2, Funny

      No, they work - you just have to hold the CD player upside down.

    5. Re:Great! by Anonymous Coward · · Score: 0
      Wouldn't it be safer just to get a friend to burn them?

      If you believe the proliferation of nature programs on the country, Oz is a land of nothing but Crawks, poisonayes snaayks, veynomous spiydahs and joyant moice on spreengs.

      I saw a pair of Aussie comedians do a song for Australian tourism. The first to lines were something like

      Come to Australia,
      You might very likely get killed!


      (To the residents of Oz: I'm just teasing - it's a lovely country - you just need better p.r.).

  7. Cornered, eh? by hkhanna · · Score: 4, Insightful

    ...the industry has been cornered into a compromise with the unstoppable pirating of music

    When will this industry wake up and realize you're not being cornered into anything! Accept the digital future and capitalize on it! I bet the RIAA/MPAA was "cornered" into accepting VHS only to find out now that it's one of it's biggest cash cows. They never seem to learn from their history. I bet once the conglomerates see how well this works in Australia, we'll see some relaxation on the lobbying from RIAA/MPAA.

    Hargun

    --

    Think nothing is impossible? Try slamming a revolving door.
    1. Re:Cornered, eh? by PerryMason · · Score: 2, Interesting

      Unfortunately they aren't likely to wake up anytime soon. These days its a lot easier to litigate than to actually come up with a new business plan.

      The way I see it, the music industry et al are likely to expend millions trying to block the increasing piracy, which in turn will be passed onto the consumer as increased CD prices, which of course will lead to more piracy. The musicians themselves won't see any of the price increase, it will simply go to further line the pockets of record company lawyers.

      Just another sign of the decline of the human species. Money always wins out over common sense.

      --
      "I'm tired of all this 'Aren't humanity great' bullshit. We're a virus with shoes" - Bill Hicks
    2. Re:Cornered, eh? by elveu · · Score: 1

      you underestimate the big business', they didn't get big by coming up with somtihgn then just sitting on that and not advancing. they'll know that as technology changes so must they. the real diffuculty is even once they embrace mp3 and whatever filetype is big at the time people will want to just get them off friends. as they try to stop piracy people will come up with new ways to do it. just selling music on the internet isn't enough they have to make omney of what everyone downloads.
      personally i think they should really push the quality advantage of SACD over mp3, ogg and mp4 although most people don't care about quality i bet people will begin to relise the quality inferity of the files and even if they can't hear them it may have a placebo effect that they'll begin to hear errors where they are none.
      hell i bet this won't even work but it's the best i can think of, although the record companys will have plans of their own.

    3. Re:Cornered, eh? by Fulcrum+of+Evil · · Score: 2

      they didn't get big by coming up with somtihgn then just sitting on that and not advancing. they'll know that as technology changes so must they.

      The recording industry hasn't had a new idea in 20 years. Kodak invented instant photos, then sat on that for 20 years, occassionally waking up to crush any innovation with their patents. Hollywood and network TV tried to declare VCRs illegal.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    4. Re:Cornered, eh? by Anonymous Coward · · Score: 0

      you underestimate the big business', they didn't get big by coming up with somtihgn then just sitting on that and not advancing.

      Actually, with very few exceptions, this is exactly what a big business does. Some big corps pride themselves on innovation, but a lot just rest on their laurels until the market passes them by (consider IBM and Apple in the late '80s just to name two). Usually these corps are finally forced by market pressures to innovate, but sometimes they just bankrupt themselves by refusing to accept change.

      A common mistake pro-business people seem to make is to confuse the market (which does support innovation) with individual businesses (which often don't). The key point is that market supports innovation precisely by killing off those businesses which oppose it too long. Which is a Good Thing (tm).

      And cartels are even more conservative and viciously anti-innovation than other corporations and groups. So don't look to the RCIA accepting the inevitable anytime soon. Like every other near monopoly they'll try to batter down innovation with lawyers, cash, and vicious tactics first.

      And eventually, if we let the market decide, they'll go the way of the dinosaur (or finally wake up). The real danger is that copyright is an intentional monopoly power, so if they're allowed to exploit it effectively, without proper balances, they can basically hold the market at bay indefinitely. Fortunately, it's pretty darn hard to stop piracy, so "effective" use of the copyright power does have some limit.

      they'll know that as technology changes so must they

      This is precisely what they don't know (or, rather, won't admit). They really have convinced themselves that they can manage every change and bind it into their existing system. But that's what you expect from cartels, they get puffed up with hubris and start thinking that they run the world. Eventually, however the world will remind them that you can't find everyone at once and win...

  8. Slashdot Audio Night by boa13 · · Score: 1

    Wow. So now, Australians get to watch some Winamp plugins while listening to their freshly copied CDs. When will the plugins be able to output to Ogg Theora?

  9. "Superior sound quality"? by acrhemeied · · Score: 1

    Experts told the Herald Sun the CD-pirating kiosks -- with superior sound quality to home burners and able to outwit anti-copying devices -- will be a winner with older users.

    Can someone explain to me how one digital-to-digital bitwise copy mechanism can result in 'superior sound quality' when compared to another mechanism, using the same data?

    1. Re:"Superior sound quality"? by Oily+Tuna · · Score: 1

      Can someone explain to me how one digital-to-digital bitwise copy mechanism can result in 'superior sound quality'

      They're probably thinking of the download and burn process using MP3s. A high bitrate MP3 is, to me anyway, indistinguishable from a CD, but there if you're downloading from P2P or Usenet there is a hell of a lot of crap out there.

      Not a good argument, but the only one I can think off. A copy of your own CD on a consumer CDR will not be inferior to a kiosk.

      --
      Mmmmmmm ... sushi.
    2. Re:"Superior sound quality"? by Steven+Reddie · · Score: 2, Funny

      Maybe the "clean" the bits as the copy them. You know, if the one's and zero's are getting a bit furry around the edges the knock them back into shape and presto, crystal clear music.

    3. Re:"Superior sound quality"? by Anonymous Coward · · Score: 0

      They are referring to the ripping of the original CD (Getting the audio data off of it). They are probably just using a high quality CD reader. Otherwise maybe they are doing something spiffy, such as simply playing the CD at a fast speed piping it out through digital audio to the burner.

      Who knows, unless they offer the specs?

    4. Re:"Superior sound quality"? by Anonymous Coward · · Score: 0

      It is not copy bit for bit.
      they are increasing volume and base.

      so when played the original, a home copied bit for bit and
      ther own version pepole prefere the one whit more base and higer volume.

      Of course, setting of player did not change.
      They can now say that ther hardware increase sound quality
      beacause ppl prefere ther version of the copied cd.

      simple trick, good marketting.

      -Bob

  10. targeted at technophobes by call+-151 · · Score: 5, Insightful
    Apparently, this is targeted at people who can't figure out how to make their own copies. From the article
    Music industry consultant and former copyright lawyer Owen Trembath said: "The only ones whipping down to Woolies to make a burn will be parents. Mum has become the pirate."
    Since at $5/burn is steep enough that anyone who doesn't already have a burner would probably come out ahead buying their own (about 20-30 disks worth should pay for it) it seems like the people springing for this are ones who don't have a computer setup or the knowhow but don't want to miss out on all this CD duplication...
    --
    It's psychosomatic. You need a lobotomy. I'll get a saw.
    1. Re:targeted at technophobes by Jucius+Maximus · · Score: 2
      "Since at $5/burn is steep enough that anyone who doesn't already have a burner would probably come out ahead buying their own (about 20-30 disks worth should pay for it) it seems like the people springing for this are ones who don't have a computer setup or the knowhow but don't want to miss out on all this CD duplication... "

      This is why printing services for digital cameras is a blossoming industry. People could just get a the right printer, paper and the software that came with their camera. But 'photography expert' does not always mean 'competent computer user' so these people will pay for simplicity and convenience of paying someone else to print up your digital pics.

      And I agree with them. I for one don't like the hassle of having to constantly get expensive ink (or inexpensive refills) for inkjet printers that always break down.

  11. Audio only? by Mizery+De+Aria · · Score: 0

    Does this service only copy the audio from CDs or data also?

    --
    If you're religishitty, KILL YOURSELF!
  12. Copying != Piracy by Anonymous Coward · · Score: 0

    This article is so slanted it is an outrage!
    Has anyone else read it!?
    Either the Writer is very very nieve, or is just extremly biast to anyone who copies things.
    Even the title, "Pirates in from the cold".
    And refering to them as "Piracy Stations" or something.
    That articly is outragius, and that person should not be writing about tech.
    Someone should write to that newspaper.

    1. Re:Copying != Piracy by CurlyG · · Score: 1

      Trust me, the Herald-Sun is the absolute bottom-feeding dregs of what's laughingly referred to as Australian journalism. It's so bad it's barely worthy of being outraged about. What a story from there is doing on slashdot I cannot even begin to imagine. Must have been submitted by a non-Aussie, that's for sure.

      --
      You know they call 'em fingers but I've never seen 'em fing. Oh, there they go.
    2. Re:Copying != Piracy by Anonymous Coward · · Score: 0

      hehe almost time to report it to media watch
      http://www.abc.net.au/mediawatch/

  13. Choosing your truth by jon_eaves · · Score: 5, Interesting

    In the article, we have this comment,
    Michael Speck, of ARIA's anti-piracy investigations unit, said: "Any request or application that is made of the industry is not just point-blank rejected. This is very much a case of watch this space.

    "There are many legitimate uses for CD burners. However, experience has shown illegitimate uses as well."


    So, when music sales are down, it's because of those damn pirates, but when we can get somebody to pay us, regardless of our principles, then it's a legitimate use.

    Yeah, riiight...

    1. Re:Choosing your truth by ender81b · · Score: 2

      So, when music sales are down, it's because of those damn pirates, but when we can get somebody to pay us, regardless of our principles, then it's a legitimate use.

      Which kindof tells you something doesn't it? To keep our computers DRM free (and to prevent atrocities like the CBDPTA) we just have to name the right price for the RIAA/MPAA. You think they would object if we gave them.. say.. .50 per month/internet connection or 2$/50 blank cd's (I realize there is already a price on the CD's but it must not be high enough to completely silence their claims).

      While I detest their methods of holding onto their monopoly I would be more than willing to pay them to shut em up - and make sure my computer is DRM free. Which, like it or not, is starting to gain steam and we will likely see it in the near future.

    2. Re:Choosing your truth by alphaCoward · · Score: 1

      There are many legitimate uses of the road network, unfortunately there are many illegitimate (transporting illegal drugs etc) uses as well. The ability to copy data is not the issue, its what you copy....

    3. Re:Choosing your truth by Hektor_Troy · · Score: 4, Funny

      "There are many legitimate uses for CD burners. However, experience has shown illegitimate uses as well."

      Let's replace the piracy issue with something else:

      "There are many legitimate uses for cars. However, experience has shown illegitimate uses as well."

      "There are many legitimate uses for back packs. However, experience has shown illegitimate uses as well."

      "There are many legitimate uses for knives. However, experience has shown illegitimate uses as well."

      "There are many legitimate uses for money. However, experience has shown illegitimate uses as well."

      I'm rather impressed with their ability to find illegitimate uses for CD burners ... wow ... how much time did they spend comming up with that.

      --
      We do not live in the 21st century. We live in the 20 second century.
    4. Re:Choosing your truth by Anonymous Coward · · Score: 0

      Music sales in the UK went up. They still whined about how much the pirates were ripping them off. Figures.

  14. geez, bias enough??? by Anonymous Coward · · Score: 5, Insightful
    anyone else notice the article says 'cd-pirating kiosks' (italics mine) all the way through?

    wtf ever happened to integrity, or better yet just proper use of the english language? it's called 'copying' because i get a COPY, i don't go into this thing and walk out holding a pirate...

    1. Re:geez, bias enough??? by Disevidence · · Score: 2

      Well, considering Nui Te Koha, the writer of said article, is a music journalist, I think the bias of the story becomes quite understandable (though its wrong).

      Hes not a bad music journalist, but obviously has no idea about technology.

      --
      Think nothing is impossible? Try slamming a revolving door.
    2. Re:geez, bias enough??? by PacoTaco · · Score: 2

      I don't need one of these kiosks. I already have a CD pirating drive and a copy of Easy CD Pirate at home.

    3. Re:geez, bias enough??? by Anonymous Coward · · Score: 0

      LOL

  15. definitions? by Eythian · · Score: 5, Interesting

    If ``music piracy'' is defined as something similar to ``the illegal copying of music'', then how can the sentence ``plan that legalises music piracy'' be parsed? Once its legal, its no longer piracy.

    1. Re:definitions? by intermodal · · Score: 3, Insightful

      Answer: it was never piracy. Nothing is actually taken. it's copyright violation. The idea of "theft" or "stealing" is incorrectly labelling the act. Anything other than:

      1 : an act of robbery on the high seas; also : an act resembling such robbery
      2 : robbery on the high seas


      is a blatant misnomer which has become popularized to demonize fair use by labelling all copying of content including that protected/allowed by law. What actual "piracy" that goes on is simple copyright infringement, not piracy. People need to get their terminology straight. This is how the term "hacker" became demonized by the media, too.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    2. Re:definitions? by jmd! · · Score: 2

      > This is how the term "hacker" became demonized by the media, too.

      The difference is, there's a thriving hacker culture trying to get the media to use the word properly. (Although I think we've given up now)

      I don't see many actual pirates objecting to the term being used for mere copyright infringers.

      Besides... "pirate" is a cool term... peg legs, hooks, eye patches, talking parrots... what's not to love about the imagery?

    3. Re:definitions? by Huge+Pi+Removal · · Score: 2

      I always assumed that 'piracy' in this sense came from the old pirate radio stations (which usually ran from ships in international waters, hence 'piracy'): these stations basically 'stole' a radio frequency (i.e. they didn't pay for a licence) and didn't pay royalties for the music they played.

      I agree that if you download a copyrighted MP3 or copy a copyrighted CD, you aren't *actually* stealing anything (it's copyright infringement, which is kind of different). But I presume the term piracy has stuck because of the etymology:

      "Pirate" == "Doing something illegal on the High Seas" == "Transmitting unlicenced music on the high seas" == "Doing something illegal involving music".

      --
      - Oliver

      The right to bear arms is only slightly less stupid than the right to arm bears...
    4. Re:definitions? by Slurpee · · Score: 1

      You left off means 2 and 3

      http://www.dictionary.com/search?q=piracy

      2. The unauthorized use or reproduction of copyrighted or patented material: software piracy.
      3. The operation of an unlicensed, illegal radio or television station.

      Once a word becomes common usage for something, thats what it means. We have a living, breathing, changing language.

    5. Re:definitions? by elveu · · Score: 1

      yeah i agree, pirate are cool, pirate and dinosaurs. and well possibly software pirates are just the new age of pirates, they're profiting of somthing that's not theirs athough they don't kill people. what would be cool is software dinosaurs.

    6. Re:definitions? by intermodal · · Score: 1

      yes...but what do you then intend to call the "fair use" contingent? The difference is that these so-called "pirates" and people who are merely using their fair use are being forcefed the same label. Black hat and white hat hackers, and even coders, are "hackers" by definition, while so many people operating within the bounds of the law are wrongly being labelled and demonized as "pirates".

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    7. Re:definitions? by Anonymous Coward · · Score: 0

      > Besides... "pirate" is a cool term... peg legs, hooks, eye patches, talking parrots... what's not to love about the imagery?

      How about the fact that it's intended to associate copying with illegal? I for one don't like that imagery, I'm not a pirate nor copyright violator and I don't like being labelled as such by media corporations with HUGE axes to grind.

    8. Re:definitions? by JCCyC · · Score: 2

      How about the fact that it's intended to associate copying with illegal? I for one don't like that imagery

      Here in Brazil some computer stores have a Microsoft poster on the wall which says, "COPYING SOFTWARE IS A CRIME!"

      I kid you not.

  16. Dillema. by Eythian · · Score: 1

    It would certainly be interesting if AMCOS subsequently tried to crack down on people burning CDs after permitting this. While they do take a royalty payment from it, could it still show that they have given tacit permission to copies?

  17. Re:Fuck ARIA by Goatse+Pez+Dispenser · · Score: 1

    how dare you trick me into clicking links of hot beautiful women

  18. Royalties by serps · · Score: 5, Interesting
    "...AMCOS said it would endorse the CD-pirating kiosks for a standard royalty of about 6 per cent."

    Yet another case of taxing everyone for the deeds of the few. Unfortunately, Australia has no laws about fair use (ok, they do have exemptions in their version of the DMCA, but only if the material wasn't copy-protected in the first place) so I guess it's better than expected.

    Since we're paying royalties, does this mean we're entitled to copy and give these copied CDs away? After all, the artist is being compensated so it's not stealing, is it?

    --
    "Einstein argued that [...] God is not capricious or arbitrary. No such faith comforts the software engineer." ~ Brooks
    1. Re:Royalties by Wild+Wizard · · Score: 1

      what are you talking about Australia does have fair use and it amounts to this

      you may make 1 copy (of anything you own) for the purposes of making a backup in case of damage or whatever

    2. Re:Royalties by Anonymous Coward · · Score: 0

      ?

      Our copyright laws are rather generous when it comes to fair use. Sounds like you are talking out of your arse to me.

    3. Re:Royalties by cpt+kangarooski · · Score: 1

      Fair use is more expansive than that. It permits parodies that are closely based on some other material, for example. Really it is a catch all for anything that is a socially desirable, and thus permitted infringement of copyright.

      I haven't studied Australian copyright law, but I'd imagine they'd have something a little more like that. (though perhaps, as with the U.S. it's common law, and not a statute)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  19. MOD PARENT DOWN by Anonymous Coward · · Score: 0

    You sir, are a fucking moron.

  20. More public domain by martyn+s · · Score: 3, Insightful

    Now that the first step is being implemented, we only need to take care of a few more steps.

    1) lower copyright restrictions to 12 years.
    2) require that if any work wants to have copyright protection, that it must submit it to a database for safekeeping
    3) Open up all the works in that database that is older than 12 years old.
    4) Network these kiosks to allow anyone to download and burn anything they want from the database
    5) Now you have a library system that the founding fathers would be proud of.

    1. Re:More public domain by Anonymous Coward · · Score: 0

      You people are so cheap. I bet you're using Linux too.

    2. Re:More public domain by Disevidence · · Score: 2

      That sounds a bit more like freeloading then allowing creative content to be heard/watched/read. Library systems only lend out art for limited times, why should their be a change to giving out things permanently?

      Information wants to be free blah blah blah, but seriously, why should a person have to give up everything hes worked for after 12 years? Lending = ok, giving for free = not ok.

      This will more than likely be modded down (due to dissent), but i would like a response on your thoughts.

      --
      Think nothing is impossible? Try slamming a revolving door.
    3. Re:More public domain by gilroy · · Score: 2
      Blockquoth the poster:

      Information wants to be free blah blah blah, but seriously, why should a person have to give up everything hes worked for after 12 years? Lending = ok, giving for free = not ok.

      Logically, then, you oppose any term limitations on copyright? I mean, why should a person have to give up everything after 70 years? Or 95? or death+75?


      Actually, there is a reason: Copyright is not a natural monopoly; it's an artificial one, granted by and maintained by the state, not by the natural characteristics of the information. The public must expend resources to provide for you the market you believe you "deserve". In return, the public legitimately demands compensation. That compensation is called "the public domain" -- the vast (but not, IMHO, vast enough) collection of works "owned" by everyone.


      Like many on the RIAA side of this, you misconstrue the dictum. The slogan doesn't say "Information providers want information to be free." It says "Information wants to be free". That is, information by itself resists ownership, since ideas replicate freely and, now, digital information can be replicated for a cost that is essentially zero. (NB: It can be replicated for zero cost. I am not arguing that there are no costs of production.)


      Information wants to be free in the sense that water wants to reach lower ground. Sure, you can dam up a stream and you can even pump water to a higher level. But both take an input of energy -- the latter takes a continual input, in fact -- and eventually, the water works it way out anyway.

    4. Re:More public domain by martyn+s · · Score: 5, Insightful

      Ok, first of all, let's lay down some of the theory and history behind copyright. According to the constitution, copyright is supposed to be for limited times, and only as long as it is furthering progress in the arts (and sciences).

      Now, the consitution didn't actually have any copyright law in it; it was just an enumerated power of Congress, since congress, at least in theory, can only use the powers given to them in the Constitution.

      So the first copyright act basically made copyright 14 years. Not 70. Not 30. Just 14. This was because, people at the time understood that copyright was designed to enrich the public domain. You use the word "freeloading" and I will not contest that accusation. This is the purpose of copyright. To eventually enrich the public domain so there is free art available for everyone.

      Until now, however, if you went into any bookstore, there was hardly any difference between a copyrighted and a public domain book. Maybe a copyrighted book costed a little more, but for the most part, no one was hurt by having copyright extended. There was no such thing as getting a book "for free" or a movie "for free". There were printing costs.

      But, now we have this extraordinary ability: we have the ability to copy and distribute any form of art for virtually no cost. The reason why libraries have traditionally only "lent" stuff was because it costed money, a significant amount of money, to make a copy of anything, so since there were a limited number of copies, they had to be shared among the community, and therefore people could only "borrow" it.

      So here's the meat of the question: how much will artists lose if copyright is reduced to 12 years?

      Well what if I told you that any given piece of art only makes 10% of it's revenue after 12 years. That means if some book was going to bring in 500,000 dollars revenue in 150 years, on average, it would bring in 450,000 in 12 years. So basically we are locking up all forms of art for 138 more years, just to squeeze out an extra 10% revenue. That doesn't really make any sense, and it goes against the spirit of the first copyright act, and against the spirit of a truly open society.

      In the year 1930 over 10,000 books were published. Of those 10,000+ books, only 175 are still in print. Don't you find that tragic? 9,825 books are locked up forever to protect those 175 books, books that probably don't sell that well anyway, and books that would've been written even if copyright were only 12 years.

      Copyright is not a natural right. It's something that we, as a society, offer to maximize the art produced.

      I don't care what you hear, but copyright is not intended as "incentive". People's passion for their art is the incentive, copyright is just designed to let people devote their life to their art and still have money to live. The money itself is not the incentive.

      But that is really inconsequential. Even if people are just making art just to get rich, they'd still get nearly as rich with just a 12 year copyright.

      In 1790 copyright lasted 14 years. Since 1790 the following things have happened

      1) The cost of printing has decreased
      2) The time to market, time for people to learn/hear about your product has decreased
      3) The available audience has increased, therefore a greater potential sales.

      All these things indicate a need for *less* copyright. Yet all this things have increased since then. Why?

      Just like shakespeare is free, I believe art of our own time should be free, at least while it's still relevant. It's not about being too "cheap". It's just incredibly wasteful to lock up art that no one is buying anymore, but that many many people will watch/read/listen to if it were available for free.

      If you read the dialogue between the founding fathers about copyright, they were suprisingly prescient about where things were going, and the discussion is very relevant today. They were very clear about it, and at the time they decided on 14 years. The fact that it became longer was because it didn't really affect anyone negatively before it was too late.

      This I can assure you: If this technology was around before copyright was extended, it would never have been extended. And the world would be a richer place for it.

    5. Re:More public domain by DarkZero · · Score: 3, Insightful

      The concept of copyright was meant to be permanently attached to the concept of the public domain. Since allowing authors, musicians, etc. to claim their work as "intellectual property" undermines the free flow of information within a society, copyrights in the United States were originally attached to the idea of the public domain. After about 14 years (I believe it was fourteen), anything that was copyrighted would enter the public domain and thus could freely be used, copied, and reworked by anyone.

      Because the public domain has been unintentionally halted by Congress (as well as legislative bodies all around the world) through copyright extensions throughout the last century, the value of the public domain has become unknown to the average person. For instance, most Disney movies could not have been made without the public domain, because Disney would not have been allowed to rework and rewrite previous literary works like Snow White and the Seven Dwarves, Sleeping Beauty, The Hunchback of Notre Dame, etc. into new movie classics.

      Also, libraries only let you borrow books because books are physical objects, and thus are in a limited supply. Librarians across the country are now in favor of distributing e-books and giving them out permanently, because that was always the idea behind libraries --- the most free flow of information possible. Lending books was not a purposeful idea, but instead a necessity of the past.

    6. Re:More public domain by Disevidence · · Score: 2

      Im not advocating long term copyright, but just so theres more of a balance. Books, especially, might not become popular until about 20 years after they're written, and unless for completely altruistic reasons on the authors part, he is going to lose some money.

      Though, 12 years does probably seem a long time in todays digital age, it just seemed short in the scheme of things. Maybe im wrong.

      --
      Think nothing is impossible? Try slamming a revolving door.
    7. Re:More public domain by PacoTaco · · Score: 2
      Well what if I told you that any given piece of art only makes 10% of it's revenue after 12 years.

      I think there's much more money than that at stake.

      Consider who is pushing for these copyright extensions: large corporations with a lot to lose if their intellectual property enters the public domain. Check out this interesting article.

    8. Re:More public domain by Disevidence · · Score: 2

      Your comment is very insightful, and it has given me more of an insight into the views of short-term copyrights, of which I must come to an agreement with.

      A few things -

      So the first copyright act basically made copyright 14 years. Not 70. Not 30. Just 14. This was because, people at the time understood that copyright was designed to enrich the public domain.

      Agreement with you notwithstanding, 14 years would be a completely different ball game back in those days. I think you would find that an individual was probably the main holder of copyright back in those days, and due to life expectancy and the communication forms back in those days, 14 years was probably both an appopriate time for an individual, and for society.

      But 12 years, as stated earlier, seems a little quick towards public domain.I can think of numerous examples of books, music and poetry which do not gain acclaim and popularity until long after they are written. While these are extreme cases, I personally don't think its fair to deprive an artist of income, just because they happened to have ideas and/or music which became popular and mainstream after 13 years, or whatever.

      In the current society, we are faced with two opposing ideals. One is, due to the information age, and society speeding along, anything written over 10 years ago will be horrifically outdated, and should be released to the public domain as quickly as possible. The other seems to view that due to the corporatization of ideas and art, copyrights should be held for a substantial time to allow proper rewards for the development and foster of art.

      In the year 1930 over 10,000 books were published. Of those 10,000+ books, only 175 are still in print. Don't you find that tragic? 9,825 books are locked up forever to protect those 175 books, books that probably don't sell that well anyway, and books that would've been written even if copyright were only 12 years.

      I find that reprimandable, and diverging a little, it seems to me that probably the best authors to support are the ones that are slightly more altruistic with their stories/ideas. Is there anyway you can release your works to public domain, without still holding to the fact you can turnaround and sue/prosecute later?

      But the replies both by you and as of current 2 other posters have given me food for thought. Thanks.

      --
      Think nothing is impossible? Try slamming a revolving door.
    9. Re:More public domain by Tryfen · · Score: 2, Insightful

      Although I agree with you, the artiste in me quarrels with this part...

      Just like shakespeare is free, I believe art of our own time should be free, at least while it's still relevant

      Every time your local theatre puts on Romeo and Juliet, it's not putting on the work (and paying) of your local playwrite. Although it's fairly likely that a recording artist with an equitable contract could make a living of the first 14 years of their hit album, I think that most other artists wouldn't.

      I know many actors who live on they royalty/residual payments from work that they did years ago - it's a lifeline for them. The same goes for authors.

      Yes, I'd like free books/plays/music and I believe that the incentive for the artist is the creation of art - but it's hard to be motivated when you also have to hold down a 9-5.

      Personally, I think that (unless the artist choses otherwise) copyright should last until the death of the artist. Don't forget, in 1790 the average life expectancy was a lot lower than today.

      If every work of art was a best seller and netted the creator millions of Euros, then I would agree with reducing the copyright time as far as possible. As it stands, for every Beatle there are a thousand worthy but unheard of bands who are still working hard but need a return on their investment that will last longer than 14 years.

      --
      If a square is really a rhombus, why aren't all triangles purple?
    10. Re:More public domain by martyn+s · · Score: 2

      The point is copyright is really about funding art, not about incentive.

      If a piece of art became famous 12 years or later after it was released, then clearly this artist found other ways of supporting himself. If he developed a reputation, then copyright will help him fund any subsequent art.

      That's another thing I left out: short copyrights motivate truly creative people to create more art and not get fat off of one piece of art. It will motivate people to continually make new things.

      But then again, any true artist creates art because he has ideas, and would be creating new art anyway.

      12 years is really just a random number. Maybe 7 years is more ideal. Maybe the original 14 years is more ideal. Maybe 25 is the most ideal. I really don't know. It's kind of just a random number that I threw out because I like the way it sounds.

    11. Re:More public domain by martyn+s · · Score: 2

      There's a lot of money at stake, yes. But that doesn't make the figure I gave less accurate. The absolute, final value which is at stake might be high. But as a percentage of all revenue for all copyrighted works, it is not very high, and it does not justify locking up all cultural works for a century just to protect the revenues that a select few copyrighted works bring in.

    12. Re:More public domain by martyn+s · · Score: 3, Insightful

      I didn't even take into account all the cannibalization that goes on in the entertainment industry. Actors, being so valuable, manage to suck up all the extra revenues that the movie studios manage to bring in with extensive copyright. Music and movie studios cannibalize each other with advertising.

      I can't really back this up entirely, but this is my position: If there were less money at stake, there'd be less money to pay actors, less money to waste on advertising, but the output, would remain the same, because the public demand would remain the same.

      Think about advertising. If I spend 100 million dollars on advertising, and you spend 100 million dollars on equally effective advertising for a competing product, we end up where we started. Advertising is a necessary evil, but I believe that will be the first thing to go, along with exorbitant actor's salaries if reduced copyright led to reduced revenue for the entertainment industry.

      Plus, read this:
      creative motivation

      Of course, it's always important to consider the source; I don't think Richard Stallman would post any studies which didn't support his theory. But still, this cannot be ignored, and adds a whole new dimension to this question.

    13. Re:More public domain by martyn+s · · Score: 2

      You're missing the key point in my post. If revenues after 12 years are only 10% then your hypothetical scenarios aren't happening. In other words after 12 years, it's just not that important to the artist.

      I don't see what the average life span in 1790 has anything to do with the intention of the law. Copyright law is not in any way in consideration for the artist. It's a way of funding his work. Are you saying that now that people live longer the prospect of not controlling their art for the rest of their life is going to discourage them? That doesn't really make any sense.

    14. Re:More public domain by thales · · Score: 3, Insightful

      "Personally, I think that (unless the artist choses otherwise) copyright should last until the death of the artist. Don't forget, in 1790 the average life expectancy was a lot lower than today"

      Why limit the gravy train to artists? I would like to continue recieving payments from my employer of 14 years ago for the rest of my life. Why shouldn't I be able to avoid the 9 to 5 grind. 14 years ago I was maintaing Radar systems at a base where the US Navy trains pilots, and some of these pilots are still flying Naval aircraft so the Navy should be paying me "royalities" for the rest of my life.

      Sorry "Artist" is just another job field. It's special nature of payment IS deserving of a limited copyright protection, but NOT a lifelong mealticket. 14 years of automatic copyright protection covers this for most works, perhaps with an aditional ONE TIME 14 year extension upon payment of regestration fees but that's as far as it should go. Certainly not life plus 70 years so that the grandchildren of the "artist" can continue to collect long after they bury Gramps.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    15. Re:More public domain by Chris+Burke · · Score: 2

      Books, especially, might not become popular until about 20 years after they're written, and unless for completely altruistic reasons on the authors part, he is going to lose some money.

      Hypothetically speaking, that would kinda suck. I would be interested in seeing exactly how often this happens. Though another question would be -- in the intervening years between writting the book and that book becoming popular, what exactly has the author been doing? I guess that's just my engineering side talking, but if I have a kick-ass idea at work, that idea doesn't pay me for the next 20 years. Ah, whatever. :)

      If the above situation did happen often, that would have to be taken into account. If it doesn't happen very often, then I would say that it doesn't need to be taken into account, as it is just part of the risk of authorship. After all, it is quite possible for a book to -never- become popular at all, and no duration of copyright will make the author money.

      --

      The enemies of Democracy are
    16. Re:More public domain by Ost99 · · Score: 1

      Sorry, all wrong.
      Our notion of property is flawed.
      The creator of an artwork does NOT own every copy of it. The creator is given an exclusive right to reproduce the work for a given time. We (the people) are granting creative individuals this right.

      It was nothing to do with giving anything away for free at all, just limiting the time a work can be protected. The protection time is IMHO way too long.

      --
      ---- Sig. gone.
    17. Re:More public domain by mpe · · Score: 2

      You use the word "freeloading" and I will not contest that accusation. This is the purpose of copyright. To eventually enrich the public domain so there is free art available for everyone.

      There are very few completly new works. A great many works are derived from something pre-existing. e.g. movies based on stories in the public domain, "cover versions" of popular music.

      Until now, however, if you went into any bookstore, there was hardly any difference between a copyrighted and a public domain book. Maybe a copyrighted book costed a little more, but for the most part, no one was hurt by having copyright extended. There was no such thing as getting a book "for free" or a movie "for free". There were printing costs.

      Also costs of distributing books and costs of operating the shop.

      But, now we have this extraordinary ability: we have the ability to copy and distribute any form of art for virtually no cost.

      Also with this small cost often being paid by the user, rather than the publisher/distributer having to spend money up front then attempt to recoup it.

      The reason why libraries have traditionally only "lent" stuff was because it costed money, a significant amount of money, to make a copy of anything, so since there were a limited number of copies, they had to be shared among the community, and therefore people could only "borrow" it.

      Which is in itself a compromise, since recording the borrowing and ensuring that the books wind up back where they should be is itself a costly activity.

      Well what if I told you that any given piece of art only makes 10% of it's revenue after 12 years. That means if some book was going to bring in 500,000 dollars revenue in 150 years, on average, it would bring in 450,000 in 12 years. So basically we are locking up all forms of art for 138 more years, just to squeeze out an extra 10% revenue. That doesn't really make any sense, and it goes against the spirit of the first copyright act, and against the spirit of a truly open society.

      These figures may be generous. Especially for creative works other than books. (There are books which were never even in print for 12 years though.) With the likes of music and movies if they don't make money, within a very short time which can be measured in weeks or months, they will be considered a "failure".

    18. Re:More public domain by mpe · · Score: 2

      I don't see what the average life span in 1790 has anything to do with the intention of the law. Copyright law is not in any way in consideration for the artist. It's a way of funding his work. Are you saying that now that people live longer the prospect of not controlling their art for the rest of their life is going to discourage them? That doesn't really make any sense.

      You can just as easily say that people living longer means that copyrights should be shorter, because there are more potential customers...

    19. Re:More public domain by cpt+kangarooski · · Score: 2

      If you go to a library and check out a book that's out of copyright, you can _definately_ copy it.

      Hell, where do you think all these different editions of Shakespeare come from?

      Indeed, copying is highly desirable; it is copyrights that prevent it that are not, unless they somehow promote copying in the long run. (which is the point)

      Just read Martyn's post -- he's hitting all the right marks, and I don't have time for anything longer.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    20. Re:More public domain by Anonymous Coward · · Score: 0

      Actually the contrary condition exists, information returns value faster now than it did then, as distribution and advertisment channels are signifcantly better.

    21. Re:More public domain by usowireap · · Score: 1

      Whoever designed the radar system you maintained got money from the purchase of those systems by the company you worked for. Regardless of how long ago the system was designed.

      I was an engineer on several albums. I don't get any royalties. I consider what I did to be a hell of a lot more than "maintaining", but I don't think I'm owed royalties.

      You want to draw an analogy to yourself as an artist, but this model doesen't work. For an artist to have an employer would be basically a patron. Patrons noawadays would be a very, very, very bad idea, IMHO.

    22. Re:More public domain by markmoss · · Score: 2

      Until now, however, if you went into any bookstore, there was hardly any difference between a copyrighted and a public domain book. Maybe a copyrighted book costed a little more, but for the most part, no one was hurt by having copyright extended. There was no such thing as getting a book "for free" or a movie "for free". There were printing costs.

      However, whether it was copyrighted or not could make a big difference in whether it was printed in the first place. Public domain, the only issue is whether the likely sales would be enough to pay for a printing run. Copyrighted, you have to buy permission from whoever holds the copyright - if you can find them. Finding the author wasn't a big problem when copyright ran 14 years, it got harder at 26 years, but at 75 years after the author dies, merely locating the heirs is going to be a big, big problem.

      Although from some accounts it sounds like if it looks profitable, RIAA member companies will go ahead and remaster those old recordings onto new CD's with or without the artist's consent... Who is the pirate?

    23. Re:More public domain by markmoss · · Score: 2

      Copyright (the right to keep others from copying your creations) is NOT a natural right. It's an artificial right created in the 18th century to encourage authors to keep on writing. In the US, the Constitutional clause authorizing the creation of copyright laws is quite specific about this purpose. And long copyright periods do NOT meet that criteria. People just don't think that far ahead. If 14 years of royalties from your work don't encourage you sufficiently to keep doing it, a longer period isn't going to do any better. 28 years is dubious. Life is ridiculous. Life + 75 is outrageous.

      If you want to provide for your retirement, or your grandchildrens' retirements, you need to put money into stocks and bonds, not hope that people will still pay to read, hear, or view your work 25 or 100 years from now. Most creative work does not have a long life-time; true, we still perform Shakespeare, and read Marlowe if only to compare it to Shakespeare's version, but some dozens or hundreds of other playwrights in that era were forgotten within a decade of their last production. I rather doubt that anyone retired off the royalties from rag-time recordings - or that more than a half-dozen of the jazz greats enjoyed a comfortable retirement. And I certainly hope that the creators of "Dumb and Dumber" won't receive fat checks from that work in their old age.

      Yes, I hate to hear about starving artists. But they are hardly ever starving because they aren't receiving royalties from duplication of their long-ago works. They are starving because the market is tilted too far in favor of the publishers, so writers and musicians get about 10% of the store price of a book or CD. They are starving because they signed lousy contracts - and in the past that may have been the only way to get their work out to the public. Stretching the length of copyright just means that the publishers get to rip them off for much, much longer.

    24. Re:More public domain by Anonymous Coward · · Score: 0

      If you read the history of copyright dating back to the admendment you are speaking of, Jefferson and Madison due in fact discuss why these limited monopolies should exist to help promote art and science.

      In one letter Jefferson himself started calculating the length of patents and copyrights based on the mortality tables. He used actualarian science in his calculations.

      And yes for some people, not being able to control their 'art' would in fact discourage them from presenting. Whether direct reasons such as they feel they have the right to control it, and if they can't noone else will get it. Or for less direct reasons such as not getting the profits from the 'art' and are unable to pursue more artistic endevors.

      One more little tidbit. Your statement about ritirement is a bunch of dogmatic mumbo jumbo. If you invest in stocks and bonds, you can have a great ritirement. It is not the stocks nor the bonds that is allowing for such savings, it is in fact the 'investment' in companies (occassionally government when one considers gov. bonds, (which then hopefully is in an investment in the people)).

      One could 'save' for retirement by starting a business. The true 'saving' for retirement is accumulation of wealth. Such assumulation allows one in retirment to trade the wealth for expenses. The production of an original 'art' (patent, art, copyrighteable product) is such accumulation of wealth. The admendent to the constitution was created to allow it to hold value to help give people incentives to create. The reason for the incentives was for the betterment of society as a whole. An artist if they choose to hold on to their copyrights as their 'investment' for retirement, it is their choice. Just as I would hope someone would not take away my choice to 'save' for retirement by disallowing me to accumulate property and use such an 'investment' as my retirement fund.

    25. Re:More public domain by Anonymous Coward · · Score: 0

      Life expectancy has a lot to do with the figure. Jefferson originally came up with a figure of 19 years based on the mortality tables at the time.

      Also, about this 10% figure lets look at a loan. In the beginning of a loan, all one pays is interest not principal. It is not till the end of the loan that principal is paid off. Would it be fair to suddenly cut the last payments off when the bank had earned 90% of its income. The bank should get the rest of the 10% of its income, especially since its going to principal.

      Monopolies should be limited because you are sacrificing the good of society for the good of the few. Also the few in fact would gain more power and normally leverage for their own advantages.

      Copyright and patent law are not the real issues per se. It is business. A person should be allowed by society to benefit from their 'art' for the benefit of society. Unfortuately, businesses are uses these copyrights to aggragate power to increase their monopolies to further gain power. A person dies, a person is an individual with free will. A business is about money and can live indefinitely. Businesses need to limited.

    26. Re:More public domain by Jucius+Maximus · · Score: 1
      "Every time your local theatre puts on Romeo and Juliet, it's not putting on the work (and paying) of your local playwrite."

      Just a minor quibble ... let's just say that I don't think you would make a spectacular English-language playwright. ;-)

    27. Re:More public domain by thales · · Score: 2

      If the Artist screws up, the album dosen't sell. If you screwed up studio time was wasted. If I screwed up the alignment on the GCA Radar people died.

      Sounds like I'm more entitled to a royality than some artist that had a good jam secession 15 years ago, and recorded it, and certainly more entitled than the artists great grand children 50 years after he died, which could easily be over a hundred years after that good jam secession.

      A Person who writes a song (or a novel, or a program, etc) is no more entittled to a government sponsered monopoly for life plus seventy than someone who adjusts a Radar or engineers an album or hauls off the garbage. It's just another job.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    28. Re:More public domain by Anonymous Coward · · Score: 0

      Hee hee... jam secession.

      Is that intentional, or do you have a bug?

    29. Re:More public domain by mpe · · Score: 2

      Books, especially, might not become popular until about 20 years after they're written,

      What publisher is going to publish an unpopular book for 20 years against the possibility it might suddenly become popular. Indeed how many books originally published in 1982 have suddenly become popular after 20 years of obscurity?

    30. Re:More public domain by mpe · · Score: 2

      Personally, I think that (unless the artist choses otherwise) copyright should last until the death of the artist.

      This is effectivly the scheme we have at present, except that it's X years after the death of the artist. Which not only makes it very complicated to work out when a work will enter the public domain, especially where there is more than one artist involved. But also raises the possibility of artists being killed off for their copyrights. More fundermentally why should these people be entitled to special treatment in the first place?

  21. These things are pretty awesome by Sheetrock · · Score: 3, Interesting
    Over in Japan, I've seen the same thing they're basing these kiosks on. Essentially, they'll copy a disc from memory while you stand there, and finish the average CD in about 30 seconds (match that with a CD burner!) I don't have a golden ear, so I can't say whether the quality is better than home burning, but I don't think they're burning from MP3 but from the real disc which is probably where this claim is based. A laser printer spits out the cover art and a robotic assembly actually composes a replica of the real CD, such that after this thing gets done it gives you a shrinkwrapped CD similar to what you'd buy off of the rack. Then, it plays what is preset as the best track from the CD as it dances around the floor for a couple of minutes as an advertisement to other people in the store.

    I thought it was indescribably cool. The floorspace taken up by the dancing routine is a bit wasteful, but if you figure that you can replace several racks of CDs with one of these units I think it is well worth it.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:These things are pretty awesome by spoco2 · · Score: 2, Informative

      The ones in Aus aren't nearly as wizz bang, at least not the one I saw a number of months ago. It twas purely a boring old box that you put your spiffy original disc in one tray, a blank disc in the other, and hey presto... wait... wait... wait a few minutes and you have your copy.

      Unfortunately slower, and lacking both the cover creater and dancing robot thingy... how dull for us.

      Having my own burner, and before that having many friends who have them, I've never had a need for such a gizmo, as the cost was prohibative ($5 a copy I think, blank disc not included)...

    2. Re:These things are pretty awesome by Anonymous Coward · · Score: 0

      Best Troll EVER!!!

      You are my god.

  22. undocumented features include... by GoatPigSheep · · Score: 4, Funny

    -a spring loaded fist that punches you if you try and copy any eminem cds

    -a spring loaded built in lawyer that will automatically sue you if you try and copy any microsoft OS installation cds

    -a beer holder (this is australia)

    -australian friendly instructions such as "insert the bloody cd here!"

    -anti-croc certification of all machines from the crocodile hunter

    --
    GoatPigSheep, the 3 most important food groups
    1. Re:undocumented features include... by Anonymous Coward · · Score: 0

      That was really not funny at all.

    2. Re:undocumented features include... by Anonymous Coward · · Score: 0

      Waaaaiiit! I thought that hole-in-a-slide-out-drawer thingy was a cup holder...

  23. Who's the Author? by KnightNavro · · Score: 2, Interesting
    This article stinks of an uninformed writer. First off, "piracy."

    world- first plan that legalises [sic] music piracy.

    If it's legal, it shouldn't be called "piracy." Copying a CD as a backup is not piracy. I've always accepted the definition of piracy to be "illegally copying a tape/CD/book/game so you don't have to buy it yourself." Perhaps my definition isn't in synch with the rest of the world's, but piracy is inherently illegal, and there are legal reasons to copy a disk.

    Of course, this guy may just be buying into the RIAA rhetoric that CD burners are only used to illegally burn CDs. I really hope nobody is that dumb.

    The second reason this article looks amateurish is the technical specs.

    with superior sound quality to home burners and able to outwit anti-copying devices

    The last time I checked, my CD burner could create perfect copies of a CD. The Australian dollar may be weaker than the US dollar, but I don't think the same thing applies to CD burners.

    Finally, there's this odd line:

    "It is yet another angle in a technological nightmare the music industry is finding unstoppable."

    At this point, I'm beginning to think the author is largely uninformed, but knows how to download music and burn it to a CD. His quote seems like wishful thinking, but the industry has had a number of successes stopping digital piracy (Napster, mp3.com, etc...).

    In all, a poorly written article, but an interesting issue. There are some major questions left unanswered. What do the artists get out of it? And the AIRA? Is the technology really any superior to home burning technology? What does this legalization to Australia's status in international copyright treaties?

    Finally, how are these copiers any legally different from a Xerox machine?

    Since this has turned out to be more of a review of the article than I expected, I feel obligated to give it two stars out of five.

    1. Re:Who's the Author? by Disevidence · · Score: 3, Informative

      Again, i state. The author is a Music journalist, and is largely clueless on technology, pointed out by this article and other articles written by the author in my city newspaper.

      --
      Think nothing is impossible? Try slamming a revolving door.
    2. Re:Who's the Author? by Anonymous Coward · · Score: 0
      This article stinks of an uninformed writer. First off, "piracy."

      world- first plan that legalises [sic] music piracy.


      In Australian English, an 's' is often used in place of a 'z'. Therefore it is not a spelling mistake...


    3. Re:Who's the Author? by DarkZero · · Score: 3, Informative

      world- first plan that legalises [sic] music piracy

      It's spelled "legalizes" in America, but it's spelled "legalises" in Britain, Australia, Canada, et al. There is no need for the "[sic]".

    4. Re:Who's the Author? by juliao · · Score: 1, Troll
      world- first plan that legalises [sic] music piracy

      It's spelled "legalizes" in America, but it's spelled "legalises" in Britain, Australia, Canada, et al. There is no need for the "[sic]".

      And it's spelled "sick", not "sic". Altough I wouldn't go so far as saying that the whole concept of legalising-an-illegal-activity-that-was-legal-most -of-the-time-after-all is "sick". Stupid, yes, but sick is maybe a bit too much. [sorry, too much time without my red pill... and yes, I do know what "sic" means. It's something about that girl, Gloria Mundi, right?]

    5. Re:Who's the Author? by Anonymous Coward · · Score: 0

      Firstly you make a lot of sense but you should not say that your cd burner makes bit for bit copies, cos well it can't, look at your manual and you will find that this is the case

      Secondly this copies an enitire cd and the use of xerox machines is restricted to a 10% portion of the book, sure its never been enforced but you dont see photocpiers that flick through every page in a book and print them out do you.

  24. Old news when it was *first* posted by Zeddicus_Z · · Score: 1

    Slashdot has covered this.

    The article just adds that some ad-hoc organisation by the of Australian Mechanical Copyright Owners Society has given its 'approval' for a single Melbourne business to trial the machines. AMCOS doesn't hold any official form of power - its just a lobby group.

    Explain to me again how this is news?

    --
    Janie took my gun...
    1. Re:Old news when it was *first* posted by Anonymous Coward · · Score: 0

      I noticed your UID, as starting with a 2. You should know by now that slashdot doesn't post news. Its posts propaganda and biased opinions and articles, much like any other media sources.

    2. Re:Old news when it was *first* posted by gilroy · · Score: 2
      Blockquoth the poster:

      Explain to me again how this is news?

      Because a group of copyright holders has given its legal blessing to the project, rather than trying to sue it into oblivion? To my eye, that really is something new in the world.
  25. Giving in or cashing in? by Jotham · · Score: 1
    Considering that ARIA will get a cut from *every* CD copied combined with the fact that Australian music accounts for, at most, 10% of CD sales, wouldn't this just make them the largest pirate of them all.

    Unless they have some great plan for channelling the money back to the respective artists overseas this is really just lining their own pockets.

  26. Location, location, location by NewtonsLaw · · Score: 5, Interesting

    Hey, if I were flogging these kiosks I'd have one outside every music store in the country.

    Customer walks in to music store, looks for suitably copy-protected CD, pays his money, leaves the store, turns left at the doorway, pays his $5 walks back into the store with original CD in one hand, the dupicate in his left, steps up to the counter and says "I want my money back, it won't play in my CD player."

    Money changes hands, customer walks out with his new $5 CD.

    Six months later the RIAA can't understand why the guy who operates these kiosks now has a bigger house, faster car and larger boat than any of the recording company bosses :-)

    1. Re:Location, location, location by HRbnjR · · Score: 2

      Heh.

      I'm gonna open a record store!

      It will have a very liberal return policy ;)

      And I'm gonna buy a load of those machines for the back of my record store ($5/burn). Put them right next to the cafe, so you you can grab a latte and have a seat during the short wait for your CD to burn :)

    2. Re:Location, location, location by HRbnjR · · Score: 2

      Did I say cafe? Now that I think about it, I meant to say Internet Cafe. $10/hour. There will, of course, be a large share drive accessible from both the internet terminals and the CD burning kiosks. That will enable you to burn the, ahem, homework research papers (or whatnot ;) you downloaded onto a CD.

  27. Ha ha ha, "better sound quality" ... :) by forged · · Score: 4, Informative
    Listen to this truckload of shit:
    • "Experts told the Herald Sun the CD-pirating kiosks -- with superior sound quality to home burners and able to outwit anti-copying devices -- will be a winner with older users."
    1. I wonder who these so-called experts are
    2. I wonder how they can pretend that a digital copy can have a better sound than another digital copy, if both are identical bit-per-bit
    3. How about the "...able to outwit anti-copying devices" ? Heard of CDRwin/CloneCD/<insert CD-copying program name here>, anyone ?

    Please, can we have a break from sensasionalism.

    BTW I think this such is a cool idea. Way to go, Aussies !

    1. Re:Ha ha ha, "better sound quality" ... :) by steelwolff · · Score: 1

      The Herald-Sun is not known for its even handed and objective reporting. Its a sensation queen and as with almost all media and especially tabloid media should be taken with a grain of salt

    2. Re:Ha ha ha, "better sound quality" ... :) by johnw · · Score: 1

      > I wonder how they can pretend that a digital copy
      > can have a better sound than another digital copy,
      > if both are identical bit-per-bit

      If you have audio files stored on a CD-ROM then a copied CD-R of it will sound just the same. Copying audio CDs is more complex and the software used *can* make a difference to the sound. It isn't just a question of a bit-for-bit copy. You can't, for instance, do a verify of a copied audio CD in the way you can verify a copied CD-ROM.

  28. Re:royalty payments you ask? by Anonymous Coward · · Score: 0

    That's two words

  29. Would this help independant artists? by detect · · Score: 3, Interesting

    As an independant artists I would like to know how/if we could contribute music to these kiosks.

    If so it would be a great distribution medium for us indy artists

    --
    // The fastest Alt-Tab in the West
    1. Re:Would this help independant artists? by zekt · · Score: 1

      I imagine that the 'royalties' from this would be minimally distributed to artists on a pro rata basis for their CD sales.

      My fiance's boss is a member of a relatively popular Australian band. Lots of radio airplay, lots of gigs, lots of sales. Royalty cheques are in the order of $20 a month (gee ta!). I copied the band's $30AU CD and bought him a case of beer.

      --
      In my next incarnation, I hope to come back as a code monkey.
    2. Re:Would this help independant artists? by andyapple · · Score: 0

      This is the kinda system I've been thinking of for a long-time. My entire cd collection is copied but i do feel kinda bad about the bands i've ripped off. Especially new, young bands like Alkaline Trio and New Found Glory. I think people should just copy all their CDs but if its sumthin they really like, just send £10 to the actual band, that way it doesnt all get eaten up by the big corporate record labels. I'm sure £10 will mean nothing to a 4 man band (£2.50 each lol) but if everyone that would've bought their CD does this, the band will be rich! Plus the money-grabbing Record Company will go out of business, so everyones happy :p

      --
      Andy
    3. Re:Would this help independant artists? by Anonymous Coward · · Score: 0

      which band?

  30. I doubt the moderators will understand that by Anonymous Coward · · Score: 0

    but it's the funniest thing I read tonight. Cheers.

  31. Aussies are behind the times by Anonymous Coward · · Score: 1, Informative

    Been there, seen that. We've had MD song imprinting services here in Tokyo for quite a while. You stick your MD in, pay some money, and press the touch screen to select the song you want to copy. It copies music 32x faster than it takes to listen to it. So if you had a 32 minute song it would take 1 minute to copy.

    1. Re:Aussies are behind the times by another_twilight · · Score: 0

      Actually the news is the government regulating it with something suitably vague about passing royalties on to ARIA. CD copying kiosks have been around for some time - check a number of 7/11s or similar convenience stores.

    2. Re:Aussies are behind the times by jquirke · · Score: 2

      You don't get it. I've seen CD-copying machines here for ages but now the issue is about the fair use of them.

      --jquirke

  32. Here's what the RIAA should be doing by NewtonsLaw · · Score: 2, Insightful

    If the RIAA doesn't like the idea of CD-burning kiosks then they should compete rather than litigate.

    If they had half a brain (which they must surely be able to put together by scraping the craniums of all their members) they'd place the following in every record store in the country:

    A kiosk that allows customers to "build their own" CD compilations by selecting from a huge list of individual tracks -- paying $0.50 per track or $5 per CD.

    I've heard that these kiosks have been trialed elsewhere -- but they were probably shot down by the RIAA who seem intent on forcing us to buy the additional 8-9 tracks of dross that accompany the 1-2 good tracks on most newly released CDs.

    But think about it...

    This method means that record stores wouldn't need to carry anywhere as much inventory -- they'd be able to store their top 500 albums on a single hard-drive (or two) in the kiosk itself.

    By cutting out the packaging, transport, interest on capital tied up in stock, etc, the profit margins could be higher for all concerned, while simultaneously offering a lower sticker-price to the consumer.

    It's a win/win situation for everyone - except the freight companies and those who press the CDs we currently buy.

    Of course it's such a simple, elegant and great idea that the RIAA are bound to think it must be a trick and therefore they'll never go for it.

    Look for a new bill to appear before congress that specifically outlaws such kiosks -- after all, the US government is just another arm of the RIAA isn't it?

    1. Re:Here's what the RIAA should be doing by Anonymous Coward · · Score: 0

      Im tired of these slashbots. These arguments have been hashed out 5000 times or more, using all the key words jumbled into a few paragraphs or more.

      Hey dude, get a brain of your own, and stop repeating ad nauseum arguments we have heard a million times before.

    2. Re:Here's what the RIAA should be doing by DreamingReal · · Score: 2
      Amen brother! Not to mention that it would capitalize on the seemingly endless teenage craze of creating "mixes" for your friends. I used to have stacks of tapes during high school and college, that were gifts from friends. These days, it's CDs. My brother has a whole case full of discs labeled "[insert girl's name here]'s Mix". In my time, mixes were dependent of what you owned or could borrow. Now, the kids just find it on the P2P de jour.


      I'm with you; the music industry missed out on an enormous cash cow by refusing to learn how its customers use the music they buy. However, I'm not as optimistic as you about the success of such kiosks now that the toothpaste is out of the tube.

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
    3. Re:Here's what the RIAA should be doing by Anonymous Coward · · Score: 0

      I agree completely. I haven't bought a music cd in years because 99% of the time I only like one song on it.

    4. Re:Here's what the RIAA should be doing by Boiling_point_ · · Score: 2

      Sounds similar to something I dreamt up a while back - linked here. Why do us slashdotters continually do all the business modelling for these companies for free? Arghgh!!!!

      --
      "If you create user accounts, by default, they will have an account type of Administrator with no password." KB Q293834
    5. Re:Here's what the RIAA should be doing by Lysander+Luddite · · Score: 2

      "This method means that record stores wouldn't need to carry anywhere as much inventory -- they'd be able to store their top 500 albums on a single hard-drive (or two) in the kiosk itself."

      And that's exactly why they should be against it. Why go to a music store for a networked kiosk when I can jaunt down to the corner conveinence store or the foodcourt of the local mall?

      The only advantage of the music store at that point is buying add ons like blank CDs, headphones and Vibe. *rolls eyes*

  33. I don't get it by driptray · · Score: 1

    From the article:

    An agreement was reached between AMCOS transmission licensing director Richard Mallett and Little Ripper CEO Greg Moore in an e-mail exchange late on Friday.

    "The terms of the proposed licensing arrangement must remain confidential for now," AMCOS said in its letter to Little Ripper.

    So AMCOS, which represents "songwriters and music publishing companies" are giving the green light on the condition that they get a cut of the profits.

    But what right do they have to do that? It's not their technology, and these kiosks are clearly just as legal as any other CD-burner, so what gives them the power to muscle in on the deal?

    Seriously, what is the answer?

  34. News by Anonymous Coward · · Score: 0

    Aussies have superior sound quality enabling technology?! How come /. hasn't covered this? And you say you cover "stuff that matters".

  35. The real reason the RIAA sucks... by niloroth · · Score: 1

    is that while Australias evil music empire thing gets a name like ARIA which actualy makes sense in a music context, we get RIAA, which really doesn't sound like anything. Maybe if they got a better acronym?

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:The real reason the RIAA sucks... by Mr.+Sketch · · Score: 1

      I agree. I think they should be the Recording Industry Association of Australia (RIAA) that way we only have to use one. Of course if you were thinking the Recording Industry Association of America should get a new acronym, then perhaps the American Recording Industry Association (ARIA), would that be better? Well, if we want their acronym to make sense, perhaps the Super Uber Content Kontrol Service (SUCKS).

  36. Australia, Australia, Australia.... by Anonymous Coward · · Score: 0

    First you ban GTA3, (a very controversial move), and then you do this?? I wish our government had the balls to do what they think is the will of the people. What they do may not be the best thing in our eyes, but at least they arent tied up in beaurocracy.

    Although, they do put vinegar on french fries and beets on hamburgers.... so its a toss up.

    1. Re:Australia, Australia, Australia.... by Jedi+Alec · · Score: 0, Offtopic

      I've seen the French put vinegar on French fries, and considering French fries are called French fries, well at least by you guys, I think it should be up to them to decide what to put on it in the first place...

      --

      People replying to my sig annoy me. That's why I change it all the time.
  37. Copyright in Australia... by qbed · · Score: 3, Informative


    In australia the onus to avoid copyright infringement in on the user. So photocopying and CD burning in public and in private are treated the same. Oddly enough there is no need for some changeable, "fair use" docrine since you can copy whatever you like. If at a later date you are found to have breached copyright you can have the book thrown at you.


    This approach has the benefit of being enforceable at least.


    (one biased aussie's opinion)

    --
    imagination is more important than knowledge --Albert Einstein-
    1. Re:Copyright in Australia... by Alsee · · Score: 2

      In australia the onus to avoid copyright infringement in on the user.

      Barbarians!

      In any civilized society the hardware manufacturer, hardware owner, related advertizers, and neighboring stores are all held liable for contributory infringment.

      Just think of all the extra profits the neighboring stores make because of the increased traffic from people going there to commit PIRACY!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  38. Not Surprised by RAMMS+EIN · · Score: 2, Insightful

    ``Supposedly the plan involves royalty payments to ARIA, but where artists stand is not discussed.''
    ...which proves once more that those kinds of institutions care for themselves more than for artists. Seriously, though, I think that CD-copying kiosks are an excellent way to control copying of CDs, to make sure that everything happens in a legal way. Now of course CD-copying kiosks are not the same as CD-pirating kiosks...

    --
    Please correct me if I got my facts wrong.
  39. Make your own CD Burning Kiosk! by Devil's+BSD · · Score: 1

    Hint: it involves a lighter and gasoline!

    --
    I'm the Devil the Windows users warned you about.
  40. Britney Spears by xixax · · Score: 2

    But won't you rest easier at night knowing a portion from the sale of each OpenBSD CD will go to financing Britney Spears video clips? In fact, she may end up making more money out of OpenBSD than you do...

    Xix.
    --
    "Thous shalt not Brintney Spear" -- TISM

    --
    "Everything is adjustable, provided you have the right tools"
    1. Re:Britney Spears by Zocalo · · Score: 2
      But won't you rest easier at night knowing a portion from the sale of each OpenBSD CD will go to financing Britney Spears video clips?

      Why should it? I'd have thought it would be a relatively trivial matter to look for CD audio tracks and cross check with a CDDB type thing to ID the track(s). Save the results in a database and you can divide up the royalties proportionately between the artists whose works were copied. Or at least divide up the remaining scraps after the industry has taken its "administration fee". Once that's working it wouldn't be too hard to scan MP3, OGG and other media files either.

      Of course, you can then link music tastes to a given credit card number and that leads to other YRO type issues, but hey, like what you buy on plastic isn't analysed to death already.

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:Britney Spears by ealar+dlanvuli · · Score: 1

      Because they are a cartel not a buisness.

      --
      I live in a giant bucket.
  41. DigitalPiracy.com by ROBOKATZ · · Score: 0, Troll
    When did slashdot.org become digitalpiracy.com? The last five articles have been all about supporting digital piracy.

    Some of us are not poor and don't care, because we can actually afford not to steal all our entertainment.

    1. Re:DigitalPiracy.com by NewtonsLaw · · Score: 3, Interesting

      There are always extremes.

      At one end of the spectrum you have the RIAA who have the ball and won't share unless you pay them a fistfull of cash (repeatedly in the case of streaming audio).

      At the other end of the spectrum you have those who think that copying music without payment doesn't deprive anyone of anything.

      Neither perspective is really rational in today's world where people deserve to be compensated for the value they create and the creators an marketers have to realise that the value of their product has changed significantly due to advances in technology.

      The sensible people here aren't pro-piracy, they're simply advocating that the recording companies wake up to the fact that if they don't start to see sense pretty soon, the pirates will overwhelm them.

      What we have here is a typical case of supply and demand demanding an adustment to pricing.

      Thanks to digital duplication, the (illegal) supply is now endless. That means the price must drop if sales of (legal) products are to be maintained.

      "Wake up or die" must be the message drummed into the thick skulls of the RIAA.

      I'm not in favor of piracy -- I'm in favor of paying a fair price for a good product. Unfortunately that seems to conflict with the RIAA's agenda right now.

  42. Newspeak Re:definitions? by gilroy · · Score: 2
    Oh, please. This has never been about fair and accurate terminology. The term "piracy" has become popular with content providers -- rather than the vastly more accurate "copyright infringement" -- because the unsavory connotations give them a default advantage in discussions. Call it what it is, and the issue sounds dry and arcane. Call it "piracy" and the issue sounds nefarious and vicious. So despite the fact that very few boats are pillaged and very few CD copiers sport peglegs, we call it piracy.


    Why in the world do you imagine they'd want to give that advantage up, even if it makes their position intrinsically inconsistent?

  43. Newsflash! Foobaria endorses photo-copying kiosks by jukal · · Score: 5, Insightful

    Rioters News: Foobaria supports piracy!
    After a hot debate, the Government of Foobaria decided to legalize self-serve photo-copying kiosks. Famous book authors are shocked.

    CD burner, photocopier, what's the difference? Why does a CD- burner automagically become a piracy tool and at the same time a photocopier is considered just a necessity ?? Is it because the journalists just know how to operate the other one? :))

  44. Don't mod this up by Anonymous Coward · · Score: 0

    Stolen from another topic.

    1. Re:Don't mod this up by Disevidence · · Score: 1, Troll

      Shhhh... don't point out most slashbot's are hypocritical, they don't like it when you do that.

      Woops...

      --
      Think nothing is impossible? Try slamming a revolving door.
  45. Crap by Steven+Reddie · · Score: 1

    This is pretty sad. One the one hand, the industry is trying to tell us not to copy, and then on the other they allow it. I'm confused, does this mean it's now okay for me to copy discs at home?

    $5/disc seems kind of cheap too. I don't agree with the industry's prices, but why does the government have a right to decide how much money goes back to the record company and artists. Surely $25-$5 isn't the cost of manufacture and distribution for a single disc.

    What's going to happen when we have 3D printers that can duplicate anything in the future. Will we be able to then copy a DVD player for $5 at some kiosk. Where's the incentive to design and produce DVD players going to come from if this happens?

    I reserve the right to backup my own music collection, but piracy hurts us in the end, not just the musicians who's work the pirates supposedly appreciate. If you like the music, pay for it, and then hopefully there will be more. At the same time, hopefully some other royalty stream will open up and allow us to pay less while at the same time returning more percentage to the artists.

    1. Re:Crap by aderuwe · · Score: 1
      What's going to happen when we have 3D printers that can duplicate anything in the future. Will we be able to then copy a DVD player for $5 at some kiosk. Where's the incentive to design and produce DVD players going to come from if this happens?
      They won't be produced anymore, just designed. The 3D printers will be produced and you will buy blueprints for stuff, I guess. But of course, those could/will be pirated aswell.
    2. Re:Crap by qurob · · Score: 1



      I'll copy my 3D printer, and then copy all of my gold and diamond jewlery

  46. Re:Dillema.... by Anonymous Coward · · Score: 0

    ...is spelt with one "l".

  47. bias... by LuYu · · Score: 1

    Is it just me, or does it surpise anyone else that derivatives of the word "pirate" appear no less than 12 times in this article. I think it is kind of odd that they refer to the kiosks as "CD-pirating kiosks," as well. Who said the CDs had to be pirated. It could be a photo CD of someone's last vacation for all anybody knows.

    It's nice to see that the news agencies in Austrailia are just as "objective" as those in the US.

    --
    All data is speech. All speech is Free.
    1. Re:bias... by Salsaman · · Score: 2
      Heh...perhaps the logo on these things should be a guy with wooden leg, an eye patch and a parrot on his shoulder.

  48. Re:Price Clarification by aebrain · · Score: 3, Insightful
    Since at $5/burn is steep enough that anyone who doesn't already have a burner would probably come out ahead buying their own (about 20-30 disks worth should pay for it)

    That's $5 Australian, between $3 and $2.50 US per burn. ($1 Aus this morning was 57c US, but it's been less than 55c US for most of last year). But since according to here CD writers in Oz are only about $125 Aus, then you're right.

    --
    Zoe Brain - Rocket Scientist
  49. ITS ARIA NOT RIAA by Wild+Wizard · · Score: 0, Troll

    i see stupid americans, their everywhere

    1. Re:ITS ARIA NOT RIAA by TheShadow · · Score: 1

      "i see stupid americans, their everywhere"

      Let me fix this up for you.

      I see stupid Americans; They're everywhere.

      Idiot.

      --

      --
      "What do you want me to do? Whack a guy? Off a guy? Whack off a guy? Cause I'm married."
    2. Re:ITS ARIA NOT RIAA by Anonymous Coward · · Score: 0

      Since when has a semicolon followed a capital letter, pray tell?

      -random stupid aussie

    3. Re:ITS ARIA NOT RIAA by jns3554 · · Score: 1

      Generally those who have a low self esteem feel the need to use prejudicial remarks directed at an entire group of people so as to feel as if they are in some way superior. The poor command of the written English language in criticizeing a single mistaken acronym is true irony. Americans for the most part really like Australians. I for one chose not to paint all Australians with the same brush due to the unfortunate comments of a misguided soul. No one country has a monopoly on ignorant citizens, nor is any free of them entirely. We are all created in God's image, and at the same time we all have flaws and shortcomings. When we learn to make peace with our own shortcomings it is easier not to be hypercritical of others. I sincerely pray that you find peace within yourself. Best wishes from America.

  50. Little Ripper by mmerlin · · Score: 3, Informative

    There is a double meaning for the company name "Little Ripper".

    In Australia the word "ripper" is slang for excellent or great.

    You often hear someone exclaim "you little ripper!" when they hear good news.

    Guess it now also describes the 5-year old burning Wiggles CD's for his mates ;-)

    --

    smile, it makes everyone else wonder what you're up to :-)
    1. Re:Little Ripper by Anonymous Coward · · Score: 0

      ..... easily replaced by the word "beauty" for "ya little beauty!"

  51. Experts by pompomtom · · Score: 1

    Compared to the Herald-Sun, just about anybody is an expert.

    --

    Buckets,

    pompomtom

    "There's an exception to every rule. Except for some rules"
  52. Corporate Windfall by AndyChrist · · Score: 2, Insightful

    This isn't something that the artists really CAN get a piece of unless the kiosks track whose songs are getting copied how often. If they have arrangements for a cut of royalties, that's all well and good, but if there's no way to determine who gets how much, the record companies will just hold onto all of it.

  53. Royalties (might) go to artists by Tune · · Score: 2, Informative

    In the Netherlands legal problems are often solved by legalizing the crime. This is of course an exaggeration, but think of the infamous drugs and abortion legislation. In that line it is not surprising that although you are not allowed to copy music to (analog) audiotapes for commercial purposes ("fair use") you pay a certain fee for each empty tape (typically $0.25-0.50) as well as any new CD/LP/tape? with contents. (The same fee probably goes for empty CDRs, though I'm not sure)

    The money collected does not go back directly into the record industry's pockets, but is distributed by an organisation called Buma/Stemra. (Link is in Dutch only, so use the fish.) Each (Dutch?) artist gets a share, which is statistically determined by Buma/stemra, based on record sales, radio broadcasts and festivals. This "intelectual tax" constitutes only a small amount of money for an individual artist (typically $10-$100 per year, for an amature band that sold 1000-5000 records), but it seems to be a fair start.

    Could a system like that work in Australia as well?

  54. Piracy? by Anonymous Coward · · Score: 0

    Allright, when are we going to realize as a group that the artist's don't see ANY of the money they make off album sales unless they get REALLY BIG?

    After lawyers, management, and agents, I'll bet your average musician doesn't get JACK. JACK.

    Musicians make their money at the SHOW. IMHO, if you really want to support a band, you steal the recorded music, and buy a ticket to the show.

    Why steal the recorded music? Well, because (as has been proven, although I won't cite the proofs 'cause my right hand's been cramping up all day).

    Ok, the reason *I* BLATANTLY pirate music (Yes, I said "pirate", I really do rape and pillage and burn down record companies) is because I do NOT want my money to go to the record companies. I work damn hard for my money, and I"m not about to surrender it to some freak who just needs it to support his coke habit. Fuck him.

    Let's not forget that Metallica became superstars by promoting piracy (then called bootlegging) of their music. THAT'S what put them on the charts. It sure in the fuck wasn't talent.

    Same reason I steal software from Microsoft. Because I don't want to give them my money. They've got plenty, the don't need mine. It was fun for awhile, then I "got real" and threw Windows out my window. Why? Because just running it (even if it was stolen) promotes the platform. This is different than the music industry.

    So, I'll keep stealing my music, and I'll keep going to shows and giving the bands my dedication and support. Consider: $20 for a CD, $25-60 for a ticket.

    Later on, we'll talk about TicketMaster ripping off artists...

  55. This is hardly news anyway... by BrokenHalo · · Score: 2, Informative

    There have been two such machines at Murdoch University here in Perth for at least two years.

  56. Been here a while by redjeremy · · Score: 1

    These have been at my university (UWA) a couple of months now. The machine is right outside the photocopying place, which sells blank CDs.

    It seems to be intended more for backing up data - it'd be a right pain to have lost your thesis because the CD it was burnt on was lost/unreadable/etc

  57. Re:Price Clarification by jquirke · · Score: 2

    Bah this always happens...

    The currency conversion factor does not make as much a difference as you think...

    Yeah a 32x burner can be acquired for less than $100 AUD, which turns out to be $57 US - now compare that to the US price - anyone care to comment?

  58. The big boys like status quo by McTavi · · Score: 1

    Mostly because it works for them and they would rather fight tooth and nail rather than have to relearn a job that would pay less and a bit less secure.

    I would think someone like MP3.com would be all over this. Then I doubt it would be of a matter of linking these kiosks to their site and people could actually hear the songs before sliding in a roll of quarters.

    Then one thing still gets me, where did the term Kiosk come from?

    1. Re:The big boys like status quo by mkarpinski · · Score: 1

      From dictionary.com --

      [French kiosque, from Turkish kök, from Middle Persian gshak, corner, from Avestan *gaoshaka-, diminutive of gaosha-, ear.] Word History: The lowly kiosk where newspapers are sold or advertisements are posted is like a child in a fairy tale raised by humble parents but descended from kings. The word kiosk was originally taken into English from Turkish, in which its source kök meant "pavilion." The open structures referred to by the Turkish word were used as summerhouses in Turkey and Persia. The first recorded use of kiosk in English (1625) refers to these Middle Eastern pavilions, which Europeans imitated in their own gardens and parks. In France and Belgium, where the Turkish word had also been borrowed, their word kiosque was applied to something lower on the scale, structures resembling these pavilions but used as places to sell newspapers or as bandstands. England borrowed this lowly structure from France and reborrowed the word, which is first recorded in 1865 with reference to a place where newspapers are sold.

      --
      As below, so above and beyond, I imagine drawn beyond the lines of reason. Push the envelope. Watch it bend.
  59. They are around. by Anonymous Coward · · Score: 0

    There are at least 2 of them at the local shopping centre, AU$2 to burn a CD, you supply the blank,

  60. No use to pay _MORE_ royality by Anonymous Coward · · Score: 0

    If you live in a contry that tax cd-r/w
    you propably allready pay for the "posible"
    music you gona to steal

    So go buy CD-R, and fell free to downalod and
    burn mp3 that you dont own track.

    Personaly, i dont do it because ther published
    music suck!... maby ppl will pay (more ?) if thers stuff was good.

    -bob

  61. Yes by Jafafa+Hots · · Score: 1

    exactly. Same thing with patents, also - the intent was NOT to lock up ideas so that no one else could use them, the intent was to encourage the release of ideas into the public domain by allowing a "grace period" for the inventor to make a few bucks... it was intended to discourage manufacturers from keeping trade secrets. Since we have a government of the rich, for the rich and by the rich, lobbying flipped the intent of intellectual property law 180 degrees. Disney actually got the law changed specifically to protect the first Mickey Mouse films from entering the public domain in a few years.

    --
    This space available.
  62. Story from news.com.au by Anonymous Coward · · Score: 0

    Hardly surprising that news.com.au label this as "legalizing piracy." - they're owned by Rupert Murdoch, the biggest media mogul in Australia, who also owns several recording companies and music stores.

  63. Re:Newsflash! Foobaria endorses photo-copying kios by enneff · · Score: 1

    CD Burners make exact copies.

    Photocopiers produce highly imperfect replicas.

  64. If they don't want audio-cd copying ... by freaker_TuC · · Score: 2, Interesting


    ... they can always add a Internet connection to the kiosk and check with the common cd databases (like cddb). If the CD is found it's probably a audio CD and they could ask more money to copy it or give a disclaimer about copying such cd's.

    I am not against copying audio CD's but am also not for it; it's the best of both worlds it should happen for private usage but it should not happen for piracy.

    my 2 eurocents.

    --
    --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
  65. put 'em IN the stores plaese... by Anonymous Coward · · Score: 0

    Then I won't have to take my iPod with me "shopping"....

  66. They copy the bips/blips in hardware by DABANSHEE · · Score: 3, Informative

    I assume we are talking about the CopyCat CD burning kiosks , made/sold by Multi-Tech Australia .

    These kiosks copy the bips 'n blips on the CD track directly through hardware, they have no software to read the track, or the formating information on the CD, for that matter.

    So any errors or copy protection gets copied too & it doesn't matter if its a non-ISO or part non-ISO formated CD being copied.

    They will copy HFS, BFS or packet formatted CDs, no problem.

    I remember reading a a blurb about these kiosks (some supermarkets in Adelaide have them) & the CD reader just records the bip 'n blips on the CD being copied & the burner just copies those blips 'n bips onto the new CD in realtime.

    Really they work more like punch-card copiers than tradition PC CD burning apps.

    Consequently there's no way for these copiers to tell if the CD is copyrighted or has copy protection, as such there's no 'by design' copy protection by-passing software/hardware built in. Plus as there's no way for the machine to tell if a CD is copyrighted there's no 'moral perogative' to reject such CDs.

    In a way the machines get arround the copyright laws the same way the Kazaa P2P network did in the Dutch courts. Like Kazaa it has legit functionality (backing up personal data or tranfering personal data, as is the case with Kazaa) & like Kazaa the design from the start has no ability to tell what's being copied & whether it copyrighted or has copy protection.

    Hence AMCOS only choice other than a 6% levy was a long court case that they'd most probably lose. Really multi-Tech (or who ever) just decided to agree to the 6% levy because it saves a long drawn out court case & its easily passed on.

  67. Just an update on an old story by oliverthered · · Score: 4, Informative

    There's not much new here, only the roylaty payments stuff.
    Here is the earlier story from april.

    --
    thank God the internet isn't a human right.
  68. Why Pirate? by MindStalker · · Score: 2, Interesting

    So this kiosk will be paying royaltist, and its being put up there legally. So why do they use the word pirate (or other variation of the same, pirating, etc) 10 times? This is not piracy. Its legal! HELLO! Get a clue people.

  69. Re:Price Clarification by Latent+IT · · Score: 2

    Oh, hell, I'll bite. How about a 32x12x40 burner for $49 US with free shipping?

    I hope that comment sufficed.

  70. Laws? Re:definitions? by srw · · Score: 2

    If Australia's laws are anything like Canada's, it may not have been illegal anyways. See:
    http://laws.justice.gc.ca/en/C-42/36498.html#rid-3 6621
    and tell me if a CD copying kiosk would be illegal in Canada. I'm sure the record companies don't want the Canadian public to know about this law.

  71. Re:Dillema.... by Anonymous Coward · · Score: 0

    ... and two "m"s.

  72. Re:Newsflash! Foobaria endorses photo-copying kios by Erasmus+Darwin · · Score: 2
    Try using both a CD burner to pirate a music CD and a photocopier to pirate a book. If you have any moral qualms over doing this, you can immediately destroy the duplicate -- we're doing this just to understand a point.

    When you're done, you should notice some substantial differences in cost, effort required, and quality of the resulting copies between the CD burner and the photocopier. Those are more than enough to make the latter infeasible for most piracy uses.

  73. Re:Newsflash! Foobaria endorses photo-copying kios by GigsVT · · Score: 1

    It's very easy if you cut the binding off the book and use a copier that has an autofeeder tray for the source documents.

    Granted this is a little more effort to duplicate the book, but the basic premise is valid.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  74. Re:Newsflash! Foobaria endorses photo-copying kios by Tim+C · · Score: 2

    You still end up with an imperfect copy with no binding.

    If you copy a CD, you get a perfect (well, almost perfect; you can't hear the difference) copy, with no "binding".

    Also, photocopying a book generally works out costing more than just buying a copy new, or at least, it does here in the UK. At an average of about 5p a copy, 2 pages per sheet, and say 300 pages per book, that's 150 copies or £7.5. The book probably only costs about £6-£7 brand new; what's the point?

    Cheers,

    Tim

  75. Re:Newsflash! Foobaria endorses photo-copying kios by Anonymous Coward · · Score: 0

    You may be familiar with this new concept called "digital" that makes copying easier. Digital is really cool, I'm expecting slashdot to do a story on it any day now.

  76. The current model is too good a deal by dachshund · · Score: 2
    A kiosk that allows customers to "build their own" CD compilations by selecting from a huge list of individual tracks -- paying $0.50 per track or $5 per CD ...

    It's a win/win situation for everyone - except the freight companies and those who press the CDs we currently buy.

    It's not a win/win situation for the record companies. Go have a heart-to-heart with somebody who benefits from the current situation-- anywhere from an enthusiastic studio exec to a recording engineer or financially successful artist. Ask them how they feel about the "CD model", and what they think of your idea.

    That conversation will pretty much blow away your hopes for voluntary change. The problem is simple: CDs are too sweet a deal. By packaging 9-12 tracks of varying quality onto a single album, the labels can often pull in a reasonably high take even if the album only has one or two hit singles. This reduces promotional costs, and increases profit ratios. Even if CD prices dropped to the ultra-low $5 you suggest, the labels would still be far better off forcing you to buy packaged CDs vs. mixing and matching.

    This is not a fortuitous coincidence. This situation is responsible for an enormous share of the labels' revenue. They will fight like demons to keep it in place. They may lose that fight, but they won't do it quietly.

  77. How's this related to piracy and copyright issues? by Anonymous Coward · · Score: 0
    Except for the media type, this doesn't sound any different than a photocopy machine. How does this relate to piracy and why are royalties being collected? I haven't heard anything about Kinko's charging royalties on their copiers.

    How do they even know that someone deserves royalties? If I copy a an audio CD of me singing songs I wrote, will they waive the royalties?

  78. Re:Put up or Shut up. by Anonymous Coward · · Score: 0
    but you can get high-res sound from a low-res image

    Yes and you can get gasoline from water, gold from lead and cold fusion works. Are you just trying to drive traffic to this site or do you have a grudge with them and want to see them /.'ed? I looked for substantiation of what you said and I don't see anything that makes such claims on the page you linked (and I'm to damned busy to waste my time ferreting the site).

    Please don't provide bogus claims and links. You just waste electrons which pollutes the environment.

  79. In the Long Run this Could be Good by serutan · · Score: 2

    The Music Industry is only hanging on because they have legally enforceable contracts which musicians continue to sign. The Industry currently performs two functions: promotion, and making copies for people who can't do it themselves (or are afraid to). As more bands promote themselves on the Internet, and these kiosks take over the copy-making function, there will eventually be no reason for a musician to sign one of those contracts.

    Poof.

  80. Re:Price Clarification by Jucius+Maximus · · Score: 2
    "Yeah a 32x burner can be acquired for less than $100 AUD, which turns out to be $57 US - now compare that to the US price - anyone care to comment?"

    The USA has huge protections on its domestic market, adding insane tariffs to imports (like electronics from Japanese companies.) For example a Toyota that costs US$X in the USA will cost (approximately) CAD$X in Canada, even though US$1 == CAD$1.52 (woo, it's gone up!!)

  81. Just a habit by spunkykuma · · Score: 1

    I have a habit of buying retail CDs, I don't bother downloading or copying unless I'm desperate or broke. Only time I'd download a song just so I can listen to it more and 99% of the time I buy the album of that artist I heard the song from. I have well over 520 CDs stuffed under my bed and still going. And yes, Moby's new album isn't very good.

  82. P2P shares and CDr != VHS by ednopantz · · Score: 1

    There is a huge difference between digital copying and VHS. The delivery mechanism: The content for VHS tapes came either from the store or over the TV/Cable. Sure, you could tape movies off the TV or through cable, but it was a huge hassle. You had to start and stop the tape at the right time. You couldn't go search for the movie you wanted a copy of etc.

    Internet file sharing networks change all that. You can ask for the song (or soon movie) you want and make a copy in a couple of minutes.

    VHS was a new delivery technology that required a tape plant, trucks, retail outfits, etc. There were choke points where IP laws could be enforced. There are none of these now.

    The analogy doesn't hold: MPAA was wrong about VHS. It didn't hurt their industry. They may very well be right about P2P and CD burners. These may prove highly damaging to an industry that produces, like it or not, a signifigant portion of our mass culture.

  83. 5-year olds burning Wiggles CDs by Rupert · · Score: 2

    ... can also be described as:

    [ ] a crime against humanity;
    [ ] training for terrorists;
    [ ] WAKE UP JEFF!
    [ ] infringing Wags the Dog's copyright;
    [ ] CowboyNeal?

    --

    --
    E_NOSIG
  84. Re:Newsflash! Foobaria endorses photo-copying kios by Fjord · · Score: 1

    It had better be a perfect copy. Some people are probably going to use these for data CDs

    --
    -no broken link
  85. MUSICAL TROLL RULES! by cybermint · · Score: 0

    MUSICAL TROLL RULES! MUSICAL TROLL RULES!

    UnF! UnF! UnF!
    Oh BaBy!
    UnF! UnF! UnF!

    http://goatse.cx http://goatse.cx http://goatse.cx http://goatse.cx

  86. This is the business model of the future by Anonymous Coward · · Score: 0

    Given that the cost of the media and packaging is barely 50 cents (when bought in bulk), and the artists only get about a dollar per CD sold, this is a good way to eliminate most of the overhead, and give MORE money to the artists while still selling CDs for $5-$6.

    Large record stores lined with shelves of CDs could be replaced with smaller shops with a number of kiosks where you can listen to samples, and then burn a CD when you're done. There would be a server in the back room to which the kiosks are connected, with terabytes of music files and a system for tracking how many of each album is sold so royalties can be paid.

    Instead of receiving a scheduled truckload of inventory plus maintaining perhaps a large storage area somewhere, regular delivery of the inventory could be either a small box of media or by broadband connection. Smarter stores would have a web site where you could pre-order the CDs you want and pick them up later at the store or have them mailed to you.

    With all the reduction in that overhead of real estate, delivery, packaging and storage, it should still be possible to sell the CD for $5-$6 while giving the artist $2 and make a decent profit. And because they are so cheap, most people would buy more CDs than they already do now, bringing even more profits.

    But alas, where are the record companies in this deal? That's why they're fighting against technology so much. To get an album on the market, all you'd really need is a recording studio, and some stores willing to reserve a few hundred megabytes on their servers for your music. And I expect they would be much more willing to give up a few cents worth of disk space than to do what it costs them now to stock your album.

  87. Copy Protected CD's? by Anonymous Coward · · Score: 0

    I wonder how these thigs would go copying copy protected CD's. Would you have to take to them with the texta first or would it jam up the machine and screw the firmware :)

  88. Buying Blank CD's != Piracy by em_tasol · · Score: 1

    According to ARIA figures, blank CD sales are now about 450 million units a year globally.

    We go through several hundred CD-R's a year for entirely legitimate use. Attributing blank CD sales to piracy is moronic.

    --
    /* Linus is The One ... the Oracle told me so. */
  89. And here's proof by serps · · Score: 2

    From the Australian Copyright Council Fact Sheet: (PDF)

    Can I make backup copies of my music CDs?
    Making a backup copy of a CD will involve making a reproduction of the music, lyrics and sound recordings on that CD. The right to reproduce the work is one of the exclusive rights of the owners of copyright in those items. You may not legally make a back up copy of a CD when the CD contains material that is protected by copyright unless you have permission from the owner of copyright or a special exception applies to your use.
    --
    "Einstein argued that [...] God is not capricious or arbitrary. No such faith comforts the software engineer." ~ Brooks
  90. Zeropaid discussion on this headline by wessman · · Score: 1

    You can discuss this story at Zeropaid, too.

  91. Major Scam or Major Copyright Infringement? by JeremyTheGiant · · Score: 1

    I attempted to inquire about investing in some of these kiosks from a site called Copyvend (can't remember the URL - do your homework). They wanted 100k upfront for the licensing rights to the north eastern US. Unfortunately this vendor could not produce anything more than a couple of photographs for this kiosk. There was skimpy ROI and target audience information on their web site. There was also no indication of a place that I could go and see this in operation (ie: 7-11 or Walmart type location). The operators of this company also wanted the license owners to deploy their own marketing plan including creation of brochures and whatnot. Either this competing company hasn't a clue what's going on or isn't ready for mainstream investing. Either way, they're in up to they're dingo eyeballs in copyright infringement. Think the RIAA cracks down hard on the Internet Radio stations? Check again - the companies are bound to fight for the VCR-oriented defense, but it's not going to hold ground. Good luck to them.