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Million-Dollar Donation To Fight Abusive Copyrights

WeekendKruzr writes: "There is a story on C|Net detailing how Duke University's law school received an anonymous gift of $1 million for the express purpose of funding '...advocacy and research aimed at curtailing the recent expansion of copyright law.' It's good to know that we have some well-funded idealists on our side, even if they are 'Anonymous Cowards.' ;^) This, combined with the recent rash of even large corporations running afoul of intellectual property law, could precipitate some tangible results in the next couple of years."

349 comments

  1. shoryuken! by Anonymous Coward · · Score: 0

    shoryuken!

    yeah, i know

    1. Re:shoryuken! by shinobiX · · Score: 0, Offtopic

      Matt Labash (Q4: #12 of 20)
      Meee-Owww, Ian! So you've finally sunk to this: you're book's bigger than my (non-existent) book. I do, however, thank you for providing me the opening for a plug. I have, in the past, recoiled whenever anyone asked me about doing a book. As a professional dilettante, I've yet to meet the subject that will sustain my interest for the two or three years necessary to invest all of my energies into one. That is, till this roundtable. Thanks to John's inspiration, I'm now shopping around the idea to do an expose on closet bum-fisters in the highest echelons of government and polite society. I hope to call it "Sitting on Their Hands." Wish me luck.
      Though I'd prefer you stop grading my papers, I'll also doff my cap to you, for all the left-handed compliments. Over the last several weeks, I've grown accustomed to our predictable ritual. Buttman says something asinine or indefensible. I smack him around for it. Then you smack me around for smacking him around, even if you largely agree with me or he smacked first. Then I smack you back. The only person that's not interested in participating in our little reindeer games, oddly enough, is Jerry -- since he'd rather talk about smack than talk smack. Still, when they finally break up our dysfunctional daisy chain, I'll be going through withdrawals worse than anything Jerry's ever experienced. I guess what I'm trying to say is, I'll miss you buttheads.
      I hesitate to answer any of John's questions, since he so noticeably ducked mine. I was, however, intrigued by one: "Specifically, I would like to a get a better understanding of the source of this guilt -- is it totally socially induced?" I hesitate to throw such a quaint archaic notion out there, knowing that Rufus is on deck with a corked bat, but maybe there is an elegantly simple explanation for it all. Maybe there's a God. I hate to shove any Bible down your throats, since in some of your throats, it's already fairly crowded down there, but maybe like our Old Testament friends said, God created us in His image. And maybe we don't always care too much about our image, but maybe God does care about us ruining His image. And maybe He's not too keen on His image being associated with bonking every warm opening in sight, especially not on camera. And maybe He encoded us with an innate sense of guilt, which some people are more successful at ignoring than others. Even hardcases like John obviously have it. For by his own admission, he took a masturbation sabbatical for two years, something I wouldn't recommend during my single days even in the frothiest fervor of puritanical fury. Keep in mind that social stigma is the cornerstone of most civilizations. Without it, we'd feel free to run wild in the streets, rape and pillage, maybe even burn Michael Bolton records. And really, what is social stigma, besides enforcing collectively the shame that we naturally feel as individuals? Maybe God has nothing to do with it. But if He does, it sure would answer a lot of John's questions fast.

      Ian Gittler (Q4: #13 of 20)
      Whoa.
      I'll just go back to John's statement about personal details.
      You, unquestionably, are the only one on this panel (possibly save Tricia) who is willing to bare whatever you can mentally access -- in seemingly unedited fashion -- about the mechanics, emotions and practices of your personal experiences regarding porn, sex and masturbation. That's you, and possibly your career. It doesn't seem unnatural for you at all.
      My own reservations about doing that? I'd be lying if I said I fully understood them.
      I know I'd have had a better sense of it all if this discussion happened a little further down the road in my life, and there's a much better chance that, having far less self-understanding in my past, I'd probably have been happy to reel off all kinds of personal experiences that most non-porn people would find "outrageous." Back then my honesty would also have attached to it an annoying sense of bravado or macho posturing. You know, I'd have talked about all this reckless shit, with semi-remorse, but also with an eye on making anyone listening jealous, or at least impressed with my sexual derring-do. In a way, talking about masturbation publicly could be the same as publicly masturbating.
      You don't come off that way, John.
      But at this point in my life, I just don't see how it's in my best interest for me divulge that kind of personal stuff, regardless of any good it might do to further popular thought about this topic.
      In a way, it has to do with my fairly recent discovery that, in the name of presenting an identity for myself based on how easy all this sexuality stuff was for me -- for years I just knew I was Mr. Sex -- well, that in itself just degraded the value of that whole aspect of my life, just sucked the value right out of it. It's only pretty recently that I realized how much better I feel about my life when I treat these aspects of who I am as more valuable.
      What's kind of weird is I go into personal stuff about my youth in my book that makes me feel vulnerable and exposed, and it will be around forever. In that context I deemed it necessary. It also felt safer. It also might be part of how I've been able to move forward from there.
      Here, in real time, I'm not as convinced it's worth it for me to do that. I don't know for sure, but I know I could feel surer about it before proceeding.
      You're right though, it would be great if we were all doing that. John, the thing I find most interesting about your personal revelations -- and once more I must say I disagree with you about so much, and see things very differently than you -- but the normal stuff you talk about, just the simple language about your feelings with regard to all the "basics." That's the stuff I would be most uncomfortable speaking openly about. It takes a lot more honesty than, you know, bragging about threesomes or orgies or whatever. That probably is about shame.
      Shame. Shame, shame. I guess I do have shame. Lots of it. If I want to change the world I'm gonna have to figure out a pretty ingenious way of getting around that one, that's for sure.
      I can't say I'll ever be divulging that kind of stuff about myself. If I do, I hope I'll be getting paid more for it.
      But it definitely helps that one of us is.

      John Stagliano (Q4: #14 of 20)
      Ian, thanks for at least explaining yourself, but I'm baffled by your statement that Matt is bigger and tougher. By what standard?
      Matt has made me wonder why I'm wasting my time with this discussion. None of you guys are really interested in ideas, and none of you really have any qualifications for this discussion. You are interested in mental masterbation [sic]. Personally, I'm not. I've got better things to do with my time.

      Matt Labash (Q4: #15 of 20)
      John, if you'd like us to call the school nurse so that she can drain the excess fluids in your pretension gland, we're happy to oblige. While I don't think anybody's going to mistake these for the Lincoln-Douglas debates, in between all the parrying and thrusting, we have managed to grind out a few low-watt riffs on God and guilt and "art" (if you can call Mr. Bolton's music art, and I think Ian decided you can). Meanwhile, you've managed to discuss your transsexual line of videos, the forbidden desire of straight men to have customers enter through the out door, and your valiant struggle with chronic onanism. I have bad news for you, Ideas Boy, nobody's going to confuse you for the Dean of Philosophy at Plato's Academy. But here's an idea for you: buy a dictionary. For somebody so obsessed with masturbation, it's high time you learned how to spell it.

      Ian Gittler (Q4: #16 of 20)
      I think bigger and tougher in the sense that someone who is comfortable with trash talking, name-calling and condescending will always beat an adversary who only resorts to that kind of thing because he sees no alternative. So, no, I wasn't implying that you couldn't kick Matt's ass, or that you have less important things to say; only that you don't seem driven by the same kind of mean-spiritedness, so why even get caught up in that?
      However I don't like you broadsiding me, over and over, John. It just seems wrong. And also, I think it's unrealistic to have expected that this forum would be some kind of oasis in terms of how the world perceives your lifestyle. You have been misquoted and maligned in the press -- except in terms of your business model -- ever since I've known you, and I'm sure since well before.
      Going on the offensive because I express extreme skepticism about the origins of your sexual diversions, your motivations, lifestyle, rationalizations, etc., just seems defensive. I can understand it -- you not liking it -- but can you educate me, or just accept that that's where I stand, rather than simply writing me off?
      In terms of time wasted, I doubt any of us imagined the posting would be so extensive going into this thing, but there it is.

      Matt Labash (Q4: #17 of 20)
      See, John -- and you said Ian wasn't interested in ideas. Who can kick whose ass is an idea -- sort of. Maybe next, you guys can discuss whose dad can beat up whose dad. Gentlemen, is it me, or do you too suspect this conversation has run its course?

      Tricia Devereaux (Q4: #7 of 20)
      I've just sort of been sitting back for the past few days, listening. Thanks for letting me participate, and I really enjoyed being a pseudo-part of your roundtable.
      I think we got a pretty good range of opinions. From John to me, Rufus, Ian and Matt; and I never did quite figure out where Jerry was. I think he was trying to say that he didn't really have a strong opinion: just let things be and people can make their own decisions.
      Anyway, nice chatting with y'all.

      Ian Gittler (Q4: #19 of 20)
      Same. Cheers, all!

      Rufus Griscom (Q4: #9 of 20)
      Well, well, well, quite a love-in to return to. It's become clear that this discussion will not crescendo in a three-way of offline boy love between Matt, Ian and John as I'd hoped. (And you wondered why our contract asked for film rights.) It sounds like everyone is saying goodbyes, and you've surely earned them, but I can't resist adding a few valedictory thoughts:
      I'm not sure that porn is best defended, if one chooses to defend it, on the grounds of artistry. Based on my limited sampling in the last couple decades, it would be difficult for a seven billion dollar annual budget to produce less beauty (this is roughly the military budget for coffee makers, which no doubt quicken the pulse of young men with more subtlety). It must be said that I haven't seen John's work, and if he runs with Matt's dolled up sow idea (done delicately, think Babe) I may stand erected, um, corrected.
      I think there are two reasons for the low quality of the industry: 1) candlestick polishers don't give a damn about deft jump-cuts, and 2) the rank miasma of social opprobrium that surrounds the industry (which Matt and to a lesser extent Ian have been flatulating throughout this discussion) have been repelling most of the talent that can find compelling job offers in sandalwood-scented environs.
      This will change: in the coming decades we will see far more interesting "X-rated" content (coming more from the indie-film side than the porn side -- check out The Lifestyle, for instance), though no doubt there is an inverse relationship between artistry and airbag inflation.
      Matt, finally we come to the source of all the brotherly love you have been radiating. So we are all made in god's image, and though the hand of god touches all things, you don't see it in a fist up his rectum (it seems to me like god may be the only one who could pull of such a contortion). God has been improving sex by emboldening moral posturers to spread guilt for millennia, so we shouldn't be surprised to see Matt carrying out His will.
      This brings us to shame: something I do thank god for. As we say in our mission statement, we don't want to get rid of taboos, we just want to gnaw on them like squeaky dog toys. I think most men feel quite a bit of guilt about their predatory sexual instincts and the poor reception those instincts often receive in a society in which women are empowered (by comparison with others). Porn is what they are left with. Of course, the shame recedes, and the predatory instincts become better received by women as they mature, and the process is exquisite.
      Thank all of you for your contributions, quite a set of characters you are. Take care.

  2. I know by Anonymous Coward · · Score: 0

    OSDN was liquidated and they donated everything. That's why Slashdot was down for so long yesterday.

  3. mystery donor? by alexc · · Score: 1

    anybody have any guess who the donor is?

    1. Re:mystery donor? by Anonymous Coward · · Score: 0

      it was me!

    2. Re:mystery donor? by nanojath · · Score: 2, Insightful
      Honestly, a million bucks ain't all that much, in the world of major fundraising, so it could be very hard to say - there are a ton of people, even consdiering the most obvious candidates (i.e. more likely to be a Duke rather than a Stanford graduate).


      A donor who really wants to stay anonymous can do so pretty effectively. Personally, I think we should respect their wish. It's rare someone will cough up this kind of a chunk of change for the more general and abstract public good, and if they would rather not be recognized (and end up having every ogg hacker or yahoo with some open licensing scheme they've hatched begging them for pocket change, we should let them be.

      --

      It Is the Nature of Information to Transgress Artificial Boundaries

    3. Re:mystery donor? by Eusebo · · Score: 1

      Larry Ellison is crazy enough to do something like that just for giggles.

      If my net worth was >$30B, it would be worth a $1M to be pain in the ass to the RIAA, MPAA, et al.

      My second guess would be Steve Jobs, because he's crazy and has finiancial incentive (can you say iPod?)

      --
      It is quite simple
      Haiku should not be funny
      Try a Senryu
    4. Re:mystery donor? by Skiboo · · Score: 1

      You mean i forgot to sign the cheque?

      God dammit! ...knew i'd forgotten something.

      Oh well, back to my plan to take over the world using small picthforks...

    5. Re:mystery donor? by machine+of+god · · Score: 1

      Who is Cowboy Neal and his sidekick Hemos?

      (It's in the form of a question, alex)

    6. Re:mystery donor? by Anonymous Coward · · Score: 0

      It's Bill Gates. And yes, I'm very serious.

    7. Re:mystery donor? by Aeron56 · · Score: 1

      Despite our desires to explain things with complex spy jargon and a crafty plot... Occam's Razor Principle says that it's someone who has the most to gain. My guess is Ebay. In essence, the mystery donor has hired a slew of academia lawyers who have nothing better to do than make names for themselves, or in other words, a strong desire to receive recognition amoung peers. And to obtain this army: a nominal lawyers fee of 1 million bones. That's less than O.J. paid.

    8. Re:mystery donor? by 0x0d0a · · Score: 2

      I don't think Ellison has a beef with the *AA.

      He's a Microsoft enemy, yes...

    9. Re:mystery donor? by Melantha_Bacchae · · Score: 1

      Eusebo wrote:

      > My second guess would be Steve Jobs, because he's
      > crazy and has finiancial incentive (can you say
      > iPod?)

      Jobs would be my first guess. There aren't that many players with the money and as much financial incentive as he has. After all, he just spent half a decade rebuilding Apple. It finally is to the point where it has huge potential. But the Hollings bill could destroy it all, by handing Microsoft a perpetual, government blessed, monopoly. Microsoft's DRMOS patents could prevent Apple from continuing to manufacture computers, or burden Apple with huge licensing fees to remain legal.

      With the December 3rd Time ad, Apple declared open war on Microsoft. In recent months, Apple has begun going head to head with the RIAA and MPAA as well. Apple has gone on a media creation tool shopping spree. When Jobs was asked what they planned to do with their acquistions, he said that they were going to democratise them. By making them less expensive and far easier to use, Apple can hand some of the power of the RIAA and MPAA to anyone with the desire to use it. This will be a boon to small, independent recording labels and movie houses, helping them to be able to replace the existing, power-hungry, big media corporations.

      What Apple once did for desktop publishing, what Apple is doing for UNIX, Apple will be doing for music and movie creation: putting the power in the hands of everyone (and I do mean everyone: with Apple's lead of the industry and its sharing of technologies such as Rendevous and Firewire, other platforms will benefit as well). Apple's empowerment of the user puts it in direct conflict with the likes of Microsoft, Hollywood, and the big 5 labels.

      On December 14, 1996, Mothra resurrected a charred Apple sapling ("Mosura" 1996).
      On December 14, 2001, Mothra returned to see its fruit ("Gojira, Mosura, Kingu Ghidora: Daikaiju Soukougeki").
      OS X Jaguar: truly the Apple of Mothra's Aqua eye.

    10. Re:mystery donor? by Anonymous Coward · · Score: 0

      Bill Gates.
      Got lots of money, and Mirosoft may have lots to lose on patents since they want to provide everything themselves.

    11. Re:mystery donor? by Oculus+Habent · · Score: 1

      It might actually be Bill Gates.

      Think about it - his company has carefully put itself where it is by compying other people's works. There was a time when they bought software they liked - now they just copy good ideas from others. Copyright and IP law is therefore a stumbling block of Microsoft, and could cause more issues in the future. The reduction of these laws could seriously benefit the company, which is well aware of it's own fragility.

      Besides, Bill sure has $1,000,000 to spare.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    12. Re:mystery donor? by RobotRunAmok · · Score: 0
      It's Bill Gates. And yes, I'm very serious

      Would not surpise me. Dimunition of copyright protection, coupled with widespread acceptance of his new codec standard , and he becomes the new "owner" of the "new MP3."

      ...of course, if his clandestine efforts to reduce copyright holders' protection fails, he still profits by having positioned corona or chrome or whatever it's called as a secure industrial-level standard to the Entertainment cabals.

      He's no fool, that's for damn sure...

    13. Re:mystery donor? by grumpygrodyguy · · Score: 1

      It's Bill Gates. And yes, I'm very serious.

      OK, but why Duke?

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    14. Re:mystery donor? by Anonymous Coward · · Score: 0

      we should let them be.

      That's exactly why I did it this way. Thanks for understanding.

  4. Imagine this by Anonymous Coward · · Score: 0
    Some anonymous donor donates $1million to try and stop the proliferation of anti-violence law.


    Do people not understand that the law is there to protect them ?

    1. Re:Imagine this by stinky+wizzleteats · · Score: 5, Interesting

      Do people not understand that the law is there to protect them ?

      I am an information consumer. Please explain how the DMCA protects me.

    2. Re:Imagine this by N3WBI3 · · Score: 1

      Law are not there to protect people, theey are there to protect society (so they are a good thing). When however a segment of society uses a majority population, or a majority of the money to write the law to protect them more than society as a whole the law is nolonger functioning correctly. This is tollerable to some degree (it will never be perfect) but in its current incarnation copyright law is totally disfunctional, and does not protect, rather it is a club to attack.

      --
    3. Re:Imagine this by Anonvmous+Coward · · Score: 5, Insightful

      "I am an information consumer. Please explain how the DMCA protects me."

      It protects your wallet from getting heavy.

    4. Re:Imagine this by machine+of+god · · Score: 1

      No no no, he's not talking about you. By people he means rich people. Rich people aren't supposed to use it against each other. See if it were refering to one of us, then it would say something like plebes, or peons, or maybe serfs. Dig?

    5. Re:Imagine this by Migrant+Programmer · · Score: 1

      If you broke off the corner of a piece of toast, and tried to stab food with it, it would not become a spoast.

      That is absolutely correct. It would, in fact, become a toark.

    6. Re:Imagine this by symbolic · · Score: 2


      The DMCA protects copyright owners. If you own any copyrighted material, it protects you. On the other hand, if you're one of the "information wants to be free" crowd, it's obviously an imposition. However, is that because protecting copyrights is a bad idea, or is it because people just hate the idea of forcing themselves to respect a law that's so easy to break, and that carries an almost non-existant chance of suffering any consequences?

    7. Re:Imagine this by Anonymous Coward · · Score: 0

      "See if it were refering to one of us, then it would say something like plebes, or peons, or maybe serfs. Dig?"

      I think the word you're looking for is, "consumer."

    8. Re:Imagine this by Xtifr · · Score: 2

      The DMCA protects copyright owners.

      No, copyright law protects copyright owners. The DMCA is not, despite the name, a copyright law. It makes it illegal for a copyright holder to even CHECK if some media cartel's copy prevention scheme actually works and helps "protect" his/her copyrighted material. (Rot13 anyone?) It makes it illegal to disclose how to access PUBLIC DOMAIN material that has been encrypted by someone. It is a bad law which fails to achieve its stated goals, and which should be stuck down (in part if not in whole).

    9. Re:Imagine this by jedidiah · · Score: 2

      Maybe it's ELVIS.

      There are plenty of creative people that don't agree with the current regime. Many of them may sympathize with our take on the issue and be just as outraged that their work hasn't taken it's rightful place beside that of Mozart or Shakespeare.

      The King is alive and well and pissed off because Heartbreak Hotel hasn't ceded into the public domain yet.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:Imagine this by geekee · · Score: 1

      By nature, any consumer wants what he consumes for free. Also, a producer wants to charge an infinite amount for that being consumed. In a capitalist system, the two reach an agreement on a price. If you don't have a system to protect the producer from theft, he must charge more to the consumer to make up for lost items. A lock on a door is one such measure. However, a clever thief can pick a lock, so a system of laws against theft and suitable punishments is also necessary to help protect the producer, so he doesn't have the added expense due to theft. This protects the consumer as well, since he ultimately pays this expense. Similarly copyright and IP law protects comsumers because it helps keeps the price down. If only one person on the planet both a Metallica CD and shared it with everyone, the cost to produce the music on the CD would be divided by 1 instead of 1000000, and let me tell you, studio time is expensive. The person may have to pay $1000000 for the cd. This information consumer is hurt. Im not saying the DMCA in its current form is good legislation, but I am saying copyright holders need protection from theft, which benefits consumers.

      --
      Vote for Pedro
    11. Re:Imagine this by Oculus+Habent · · Score: 1

      For those who live their lives within the letter of the law, there is no imposition.

      You buy a CD. Your friend wants to listen to it. You loan him the CD and for that time you are unable to listen to it. Rights Management. You purchased the right to listen to that music in one place at a time.

      The same principle applies to DRM. You rip and MP3 off of the CD you purchased. Your friend wants to hear it. You can either stream it to him or let him borrow the digital license for the CD (not just the song - you can't listen to two songs on the same CD at the same time...) so he can hear it.

      Just wait until the RIAA/MPAA have a unique ID in the formats, and required to be in the encoders/decoders. Then they can maintain an international active database of licensing. Then we lose the incentive to share music - only one person can listen at a time, so you wouldn't want 100 people having a copy of your CD, right?

      Again, it doesn't hurt you if you live completely within the law. For the other 99.986% of us, this is an inconvenience.

      Perhaps, then, we should work on changing our laws instead of circumventing them. FOr this to work, of course, we have to compromise. We can't have get everything for almost nothing. We have to be willing to pay our share, or share what we paid for within the rules of licensing.

      Actually, it would be pretty cool if we could set up an MP3 license-based server, and allowed people to send in their CDs to add licenses. Sure, we couldn't all listen to the same song at once, but that is what compromise is about.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    12. Re:Imagine this by milo_Gwalthny · · Score: 2

      This is absolutely true. But we have struck a balance between the producers and consumers of IP that has worked pretty well for a pretty long time. Digital media came along and upset the balance. Then the DMCA came along to compensate and *really* upset the balance. That's why it's bad.

      I think most people on this board want reasonable protection of copyright, but unfair protection that only benefits the very large media companies is not in our best interests.

      --
      Milo
    13. Re:Imagine this by GoatPigSheep · · Score: 2

      it doesn't, but it protects me, a copyright holder.

      --
      GoatPigSheep, the 3 most important food groups
    14. Re:Imagine this by Anonymous Coward · · Score: 0

      So what about this... I and 1000 of my closest friends start a company and fund it with $10 each.

      The company buys 1000 CDs, RIPS them and makes them available on a server for the company owners.

      BUT... In order to access the music, you must BUY the CD from the company. So an electronic transaction occurs where the ownership of a CD is transferred to you while you listen to the music. The CD is re-sold back to the company when you're done listening to it.

      While you listen to that music, nobody else can. This satisfies the copyright, no?

    15. Re:Imagine this by ShadowDrake · · Score: 1

      Even those working perfectly within the law suffer. For example, the "rights manglement" systems often work by locking the content to a specific player. If you want to let your friend borrow it, it won't work on his machine, or even worse, it won't play on your replacement for a broken/obsolete machine. Combined with attempts to limit the ability to backup content, or place it in a more reliable/flexible/transferrable form, the goal is clear: create demand for new product that was never there before by making the product un-resellable and fragile.

      Furthermore, there's the negative repercussion of a central licencing clearinghouse... most people don't want to deal with getting authorization before using content (and, how exactly will you activate my .mp5s if I'm in the middle of Nunavut?), and it opens a wide range of potential for monitoring.

      --
      It's just like a fascist dictatorship, without the punctual rail service!
    16. Re:Imagine this by soft_guy · · Score: 1

      Many of our "anti-violence" laws have gone *way* too far. For example, laws in some states outlaw weapons such as switchblades and shurikens which are not a serious threat to anyone (except in movies.) Unfortunately, these laws ruin our freedoms as they outlaw switchblades as self defense weapons (they are good for this!) and even outlaw table saw blades.

      The police and prosecutors are completely out of control. I'm very afraid of the police. I'm *not* afraid of crime. Look at all the people in prison that are being exonerated by DNA evidence. These people were innocent, but were convicted anyway. In the majority of these cases, I think the police framed them. If the police are framing people, then what will stop them from framing people and planting DNA evidence? Nothing. They are out of control and need to be stopped. I'd love to see someone donate a million dollars to roll back some of these "anti-violence" (read: anti-freedom) laws.

      --
      Avoid Missing Ball for High Score
    17. Re:Imagine this by stinky+wizzleteats · · Score: 2

      There are a few problems with your theory.

      If the market for CD's was about licensing the use of the material, then CD's would not have been invented. The reality is that the market is for delivery of the material. Therefore, the vendor of that delivery service must provide a compelling reason for me to purchase that service. Content providers very much want the market to be built around the concept of licensing, because that allows them to charge money for things they do not do (such as charging incremental fees for the continued use of the material they already distributed).

      The modern problem is that advances in the exchange of information has obviated the need for the service they provide. All they can do now is function as a talent selection and content production service. Rather than attempt to operate in this environment, they are desperately trying to reduce the free exchange of information. This brings us to the DMCA.

      The DMCA is about artificially applying pressure to the market in order to transform it to the benefit of content providers. The idea is to create a condition where the vendor can dictate the price for a service which has no incremental expense.

      This isn't Capitalism. This is robbery.

    18. Re:Imagine this by Oculus+Habent · · Score: 2

      There are many problems with DRM as is stands now. To really make it work, and work well, we need a few things:

      Frist, we need a standard (preferably open) file format that supports DRM. Without this we are locked into the player du jour.

      Next, DRM needs to be reasonable. There's obviously no way to connext to a huge database if you have no Internet connection. While the RIAA may want total control, DRM solutions should err on the side of the individual. If no Internet connection is available, the computer should take new files as owned and perhaps even allow a number of files to be shared. Streaming should be expressly allowed.

      Finally, we have to change our own minds. Too many of us don't realize that freedom comes at the cost of responsibility. The freedom to be able to download media comes with the responsibilty to pay those, no matter how much we dislike their business practices, who provided us with same. Until most of us are willing to accept this, we will never make peace with the RIAA

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    19. Re:Imagine this by stinky+wizzleteats · · Score: 1

      I kind of like "foast" for some reason.

      I ripped this line off a great rant about the "great spork conspiracy". The author contended that we were all deceived into thinking this was a legitimate utensil when in fact it was a defective spoon.

      I loved it.

    20. Re:Imagine this by hyphz · · Score: 2

      > The DMCA protects copyright owners. If you own
      > any copyrighted material, it protects you.

      No it doesn't. If you own copyright material that isn't protected by copyright enforcement technology, the DMCA does nothing for you.

    21. Re:Imagine this by hyphz · · Score: 2

      > If you don't have a system to protect the
      > producer from theft, he must charge more to
      > the consumer to make up for lost items.

      And if you don't have a system to protect the consumer from being ripped off, the producer will charge more because - hey, why not.

      In most cases competition serves as this system. But that doesn't work in the business of creative works, because no creative work is a substitute for another. If you want a CD that you think is too expensive, you can't go buy the same music on a different company's cheaper CD.

      You can do without the CD, of course, but the extent to which entertainment can still be considered a luxury is variable. This might seem like an outrageous claim, but the problem is that so much social interaction is based on popular trends in consumer entertainment that somebody who chooses not to consume any of it could wind up socially disadvantaged - and social acceptance is a fundamental human need.

      > Similarly copyright and IP law protects
      > comsumers because it helps keep the price down.

      No - it means that the costs to the producer are lower. This by no means guarantees that the producers will past the cost on to publishers. Have any media costs actually fallen since the DMCA passed? Nope. Oh, yes, of course, that's right, they're still paying off their losses from the last 20 years piracy. I'm reminded of the similar business with petrol.

    22. Re:Imagine this by geekee · · Score: 1

      The music inducstry is all about content. the CD is just a cheap medium ($0.50) to distribute the content. When it was invented back in the 80s, no one envvsioned peer to peer file sharing, so they thought it was a safe way to distribute music with a one time high licensing fee ($15). Of course none of this is in writing, but that's the mentality. Now that peer to peer sharing is wide spread, they're worried about still getting their $16 from everyone rather than 1 in 1 million people. The service they provide is not obsolete. They sign the bands, pay for studio time, promote the bands, buy radio time, etc. These are expenses that must be incurred to produce the next Britney Spears. It doesn't just happen. It's manufactured. Then, once they make someone popular, they rake in the money. I could record some tracks and try to share them to become popular myself with todays technology. Even if I was good, though, no one would download my stuff because no one knows who I am. Just because you can copy data, doesn't make it morally acceptable, amymore than buying a book from Borders, photocopying it at work, and then returning it is morrally acceptable. It's still theft, even if the incremental cost is 0

      --
      Vote for Pedro
    23. Re:Imagine this by geekee · · Score: 1

      I agree with your first point, but it's not the consumers right to usurp the law because they don't like the exclusive contracts that record producers have with artists. Instead artists should strive for contracts with multiple producers, so that the producers can compete in price for identical media. This is unlikely though, given that it's hard enough for a band to get signed by even one label. As to the second point, the cost to the producer is the same regardless of the law. The law guarantees, however, that only people who pay for the info gain access to it. So if Im buying Photoshop, which is used by millions of people, I only pay $500 a copy. However, if I use EDA CAD software, which is used by few, I pay $1000000 a year for the software. Piracy cuts into profits and is ultimately paid by the consumer. Also, you cant judge the DMCA's effectiveness by looking at media costs since, good or bad, it's designed to prevent theft in the future, as bandwidth increase and more peole have their computer plugged into their entertainment center. I don't know anyone who has this setup currently.

      --
      Vote for Pedro
    24. Re:Imagine this by stinky+wizzleteats · · Score: 1

      As compelling as your argument for the necessity and value of having created Britney Spears is, I remain unconvinced as to your ideas about the legitimacy of licensing.

      Entertainment, like any other marketable good or service, has producers and consumers. The RIAA does NOT produce entertainment. Artists produce entertainment. The RIAA (in theory) finds artists with good stuff, markets them, and distributes their work. The RIAA are brokers of entertainment services. The RIAA's desperation with regard to P2P is proof that it directly threatens a critical leg of their business model - distribution. Therefore, their business model, indeed - their function in society, is obsolete.

  5. Where should I send money? by Anonymous Coward · · Score: 0

    If I would like to send some euros where should I send them? EFF?

    1. Re:Where should I send money? by Anonymous Coward · · Score: 0

      To me, the AC.

    2. Re:Where should I send money? by Anonymous Coward · · Score: 0

      Noone wants euros or pesos or lira or francs or canadian tire money. Send real dollars.

    3. Re:Where should I send money? by Anonymous Coward · · Score: 0

      Last time I checked, the Dow, Nasdaq, and the s&p were down...
      SUCK IT!!!

    4. Re:Where should I send money? by queequeg1 · · Score: 1

      Yes, but the dollar itself has been relatively strong.

    5. Re:Where should I send money? by hummer357 · · Score: 1


      no, it hasn't ;-)

    6. Re:Where should I send money? by Anonymous Coward · · Score: 0

      The dollar and euro are almost at parity...

  6. Good Start ... by robstercraws · · Score: 1

    Now if only someone would make a similar donation to fight idiotic software patents.

    1. Re:Good Start ... by N3WBI3 · · Score: 1

      You fight the battles that can be fought, once these are won (and the (c) law is a much easier fight) you collect your new strength and go after the smallest remaining fish..

      --
  7. A good start, but??? by www.sorehands.com · · Score: 2
    The question is how will this be applied?

    To fund think-tanks to write papers? To to pay-off^H^H^H^H^H^H^Hlobby politicians for better laws? Or to fight court cases?

    Why not just give this to the EFF?

    There is too many unanswered questions to say if this will really help.

    1. Re:A good start, but??? by Anonymous Coward · · Score: 0

      Unlike the EFF, Duke University will do something useful with it and not get laughed out of court, a la DeCSS.

    2. Re:A good start, but??? by Anonymous Coward · · Score: 0

      Read the article, and you might find out.............FubAR!

      I'm a cowboy BABY!

    3. Re:A good start, but??? by Stephen+VanDahm · · Score: 3, Funny

      Dude, I bet you could purchase at least four Senators with $1,000,000. If not, then I'm sure there's a rent-to-own plan out there...

    4. Re:A good start, but??? by Anonymous Coward · · Score: 0

      You might be able to get 5 Senators if you try to buy Leahy, Biden, Kerry, Daschle, and Hitlary Clinton.

    5. Re:A good start, but??? by jedidiah · · Score: 2

      It is far better to get laughed out of court than to never bother to go to court at all.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:A good start, but??? by darien · · Score: 2

      Oops - misread that as "at least four senoritas." Which is, let's face it, not a bad alternative.

    7. Re:A good start, but??? by Gambit253 · · Score: 0

      Yes, the senoritas would make a great alternative to the senators in congress....

  8. Don't hold your breath. by saikou · · Score: 2, Insightful

    What a meager million bucks can do against multimillion dollar lobby? :)
    I think it's very naive to expect any major changes and/or law corrections. A good commercial, asking people vote for candidates that support removal of opressive/excessive copyright restriction night be of more help.

    1. Re:Don't hold your breath. by Soko · · Score: 2, Insightful

      A million smackers can do a lot, when it's used to help marshall a community of volunteers.

      A few men firing an artillery gun that has bad aim can be cut to peices very quickly by a devoted team with swords and knives - this is what should happen here.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Don't hold your breath. by Jobe_br · · Score: 1

      A good commercial is going to cost a good bit more than $1 million to reach any magnitude of people, never mind the cost of actually producing the commercial. Furthermore, never mind the media that the commercial will run on: television, owned by such folks as Time Warner and the like who are card carrying members of the MPAA, last I checked. Not to be pessimistic or anything, but just put it into perspective. I, also, am dubious about what $1 million will do in the hands of Duke University's law school.

    3. Re:Don't hold your breath. by Anonymous Coward · · Score: 0

      I, also, am dubious about what $1 million will do in the hands of Duke University's law school.

      It'll buy a shitload of computers so the law students can run eDonkey.

    4. Re:Don't hold your breath. by Anonymous Coward · · Score: 0

      Yeah, it sucks to only have a meager million bucks. But a million here, a million there, and pretty soon you're talking real money!

    5. Re:Don't hold your breath. by machine+of+god · · Score: 1

      I'd say the PR is more important than the money for this one. Puts the issue into peoples minds, whereas before there was naught.

    6. Re:Don't hold your breath. by Scrameustache · · Score: 2

      Its gonna do more than 0 dollar.

      I think its very unhealthy to focus on anything the but the simplest concept. (not to bitch at you or anything, but there are so many similar comments up there...)

      I just hope the bucks don't stop there...maybe a few lawers could donate an hour here and there...

      --

      You can't take the sky from me...

    7. Re:Don't hold your breath. by homer_ca · · Score: 1

      Ross Perot spent millions of his own money on those wacky 1/2 hr commercials when he ran for President, and the networks were happy to take his money. The networks' advertising sales depts are the last people who'd let a few philosophical differences stand in the way of you spending your money.

    8. Re:Don't hold your breath. by Jobe_br · · Score: 1

      My memories are somewhat foggy on the Ross Perot commercials, but from what I remember, he wasn't going head-to-head with the bread-n-butter of the television networks. Just a thought ...

  9. not true by Anonymous Coward · · Score: 0

    site was down due to hunk-o-shit linux webserver - linux is for bitches dot com

  10. How far will a million go? by miTTio · · Score: 1

    I think this is a great start to give a million dollars to a credible university, with a guy who seems to be on level about the subject, but just how far will a million dollars get them? How will it be spent? This is a cause that I know I would gladdly donate to, if it were managed fairly to just the wrongs of congress.

  11. There will be no change by Smallest · · Score: 3, Insightful

    While starry-eyed /. folk get uptight for a few minutes when they read about new technologies, the people who make the laws don't care about our complaints - we're not a big enough lobby or voting block.

    Even more important, stricter copyright laws help the media corps sell more product, and GWB is in favor of anything that helps US corps sell more stuff.

    -c

    --
    I have discovered a truly remarkable proof which this margin is too small to contain.
    1. Re:There will be no change by Anonymous Coward · · Score: 0

      Both of your last points are flawed.

      Stricter copyright laws can induce consumer backlash, which decreases their sales. There are plenty of people pissed off about the current state of affairs. If things got much worse, the general public might start to feel the pressure, and all hell would break loose.

      One could argue that what is needed to bring us out of the recession is something that legislates consumer confidence. Is GWB in favor of forcing you to buy anything? No, but of course he is in favor of things that encourage growth. If he wasn't, you'd decry him for that.

      So, is GWB a Republican: yes. Do Republicans tend to do things that support businesses: yes. Is that always a bad thing: no, only when it treads on consumer or civil rights, or causes other, greater ill-effects.

      Remember, GWB isn't your enemy (last I checked, he hadn't made a public stance on the issue of copyright law), 2/3rds of your government is. The DMCA passed under Clinton, through a Republican congress/senate. The president doesn't make law, it takes two branches of government to do that.

    2. Re:There will be no change by grumpygrodyguy · · Score: 1

      stricter copyright laws help the media corps sell more product, and GWB is in favor of anything that helps US corps sell more stuff

      Every policy endorsed by GWB is about helping corporate america. The last thing he cares about is americans, or the citizens of the world.

      Here's a nice little tid-bit about GWB, he's spent 42% of his term on vacation, while americans are losing jobs, and the recession shows no signs of abating.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    3. Re:There will be no change by kstantfw · · Score: 1

      Even more important, stricter copyright laws help the media corps sell more product, and GWB is in favor of anything that helps US corps sell more stuff.

      True, but weaker copyright laws help sell more mp3 players, CD burners, and so on. It's not clear (to me, anyway) which contributes more to the US economy and how changing copyright law will affect the relative balance of sales.

      There was an article in the New York Times that made this point. Especially since many companies sell both music and players, once they make more from selling players than music it will be to their advantage to increase demand for mp3 players by making more music available for free.

    4. Re:There will be no change by homer_ca · · Score: 2

      Remember, GWB isn't your enemy (last I checked, he hadn't made a public stance on the issue of copyright law)

      Actually yes he has:

      5) How Do You Feel About Intellectual Property?
      by Phil Gregory

      In this age of the Internet, intellectual property has become a very important concept to many people. Many companies make their living on the artificial scarcity provided by intellectual property laws, selling information that they have either created or aggregated. Some others, mostly in the Free Software world, make their living seemingly in spite of these laws, selling their services based on information that is freely given.

      Do you feel that out current system of intellectual property is a good one? Which parts of it (e.g. trademarks, patents, copyrights) do you feel are well suited to the world of the Internet and which do you think need to be changed (and, if changes are needed, what changes are needed)?

      Bush:

      In the next five years, we anticipate that two-thirds of software will be distributed over the Internet, making it more important than ever to ensure strong copyright protection for computer software. In the United States, much of the legal framework already exists, but we need to redouble our efforts on enforcement. In particular, the next President must make sure that the US Department of Justice and US law enforcement agencies have the resources to enforce our intellectual property laws. In the international community, the challenge is even tougher since we must both help establish a legal framework for intellectual property protection and ensure it is enforced.

    5. Re:There will be no change by Jobe_br · · Score: 1

      While it is true that we are currently not a large enough lobby (that can and probably will change), we are most certainly a large enough voting block. I recently wrote my senator, Russ Feingold (WI), about various bills/amendments introduced that affect the broadcast flag and such. I got a personal (not form) letter back from him (or one of his staffers) addressing my concerns and inviting me to keep him in the loop on further developments and even drop by his office.

      Whenever you see a YRO (your rights online) article that elicits a call to action, DO SOMETHING! Write your senators, your representatives, bring it to the attention of your state and national lawmakers, including your governor. Granted, things won't change immediately, but we do have a voice - the more folks that actually do something, the sooner things will start changing. If you're tired of picking up the morning newspaper and only seeing non-important smack in it, write your newspaper editors, compose an article and see if it gets run - even on the most removed page in the newspaper, something is better than nothing!

      People are far to content to do nothing. Thinking that if they don't have $100 or $1000 to provide to the EFF then there's nothing to be done. Think again! Poor college student? Get something written up in the college newspaper. Run a petition - see how many folks in your college/university feel the same way you do - try to educate the ones that don't or listen to their reasons why they oppose you. I imagine a good number of college kids will understand why giving the RIAA/MPAA unfettered access to your computer for the suspicion that you might be harboring copyrighted materials (illegally) is a BAD thing. If you find folks that understand what you're talking about - have THEM write to their congressmen, senators, governors, etc. as well. Don't use form letters, but provide 'em with topics to address. And there's nothing wrong with one individual using the same letter (with slight modifications maybe) to *all* the lawmakers that they vote for ... just don't have *everyone* use the same letter to the same lawmakers ... its perfectly fine if I write the same letter to Tammy Baldwin (Representative, WI), Russ Feingold (Senator, WI), my district's state senators/reps and the soon to be newly elected governor (hopefully Kathleen Falk, but we'll see). Its not like they're gonna sit down and talk about your letter with each other - and if they do, its not like they'll be offended that they got the same one. After all, its from the same person. They only get offended (or just ignore 'em) if they get the same letter from multiple people - that's bad!

      Anyway ..

    6. Re:There will be no change by jafac · · Score: 2

      well, he's spending so much time on vacation so that he can give other Americans opportunities to work. The cause of unemployment is all those damned people working two jobs! Those people should go get some rich parents or something so they don't end up taking jobs away from other Americans.

      Spend more time at home telling your kids not to mastrubate or something!

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    7. Re:There will be no change by bluGill · · Score: 2

      You make it sound like spending 42% of his time on vacation is bad. I hate goverment, and since goverment prefers to bring their size up, not down, time on vacation is good, less time to create more boondoggels. I wish he was on vacation instead of working when he came up with the office of homeland security.

      Of course if we could get a president that would actually reduce goverment's size, then I might think differently. The fact is most people agree with me in theory, but whenever an actual reduction is proposed they realise they are getting something from that service and disagree. (Never mind that those services could be better provided other ways) And of course this is all my personal opinion, there are plenty (a majority?) of people who completely disagree with my views.

    8. Re:There will be no change by acb · · Score: 2

      True, but weaker copyright laws help sell more mp3 players, CD burners, and so on. It's not clear (to me, anyway) which contributes more to the US economy and how changing copyright law will affect the relative balance of sales.

      CD burners and MP3 players are typically manufactured in the Far East where labour costs are low; in many cases, the profits go to overseas electronics firms.

      Copyrighted materials are typically manufactured in Los Angeles.

      Therefore, content companies could exploit the mood of hyper-patriotism to push for laws reinforcing their business models at gunpoint. As for MP3 player manufacturers in Taiwan, it's just tough luck.

    9. Re:There will be no change by hesiod · · Score: 1

      > stricter copyright laws help the media corps sell more product, and GWB is in favor of anything that helps US corps sell more stuff.

      Please note, I am not favoring GWB over anything or anyone else with my statement, but isn't it Capitalism that is in favor of anything that helps (US in this case) corps sell more stuff?

    10. Re:There will be no change by No+One · · Score: 1

      Nope. Capitalism isn't necessarily in favor of corporatism, though (surprise surprise) the corporate media's done their best to make you believe that. Capitalism is just an economic system where the ownership of the means of production is in individual hands. It includes under its umbrella many different socioeconomic theories which have very different ideas of government involvement in the economy. Most variants of authoritarian capitalism, such as fascism and modern US corporate feudalism, are in favor of "anything that helps corps sell more stuff", but it's not fundamental to capitalism.

      --

      There is no sin except stupidity -- Oscar Wilde
  12. My Guess by schepers · · Score: 1

    ...is (someone from) RedHat, given that both are based in Durham, NC.

    Really, though, just a guess. Duke's got a lot of rich alumni, so it could be anybody.

    1. Re:My Guess by Anonymous Coward · · Score: 0

      Except that RedHat is now based in Raleigh and is much closer and more strongly tied to NCSU than it ever has been at Duke.

  13. It was me! by Caractacus+Potts · · Score: 1, Offtopic


    I didn't mean to click the Donate Anonymously checkbox. I really wanted the karma! Oh well, I should have previewed it first.

    1. Re:It was me! by Chainsaw76 · · Score: 1

      Wouldn't you get more karma by doing it Anonymously? It may not help on slashdot, but in the real world... Where Karma is everything.. I would think an anymous donation would give you extra karma.. Unless of course you did it just for the karma, then.. Well you know how it goes.

      -Jason

  14. What? by Anonymous Coward · · Score: 0

    Why not just but a Senator with $1M?

  15. bad news for Linux? by tps12 · · Score: 2, Funny

    I've hated intellectual property for as long as anyone. When I started out my career as a young geeklet, I'd frequently pirate games for my Apple ][, and I would always tape music from my friends. I still enjoy copying mp3s and warezing games (though mostly I just don't want to shell out for something that may or may not run under Wine).

    But like it or hate it, Linux's success pretty much hinges upon intellectual property laws. Without copyright and patent laws that make the GPL enforceable, Linux would be no better off than *BSD, and certainly wouldn't have made the inroads it has at IBM and HP.

    Microsoft will always do fine, with or without intellectual property laws. They sell certification, training, and support in addition to IP. And Linux's only advantages--better stability and security--are only as safe as its code base. If intellectual property laws are repealed, then Linux as we know it is doomed.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:bad news for Linux? by grumpygrodyguy · · Score: 1

      If intellectual property laws are repealed, then Linux as we know it is doomed.

      This one went right over my head. If 10,000 people scattered all over the globe have copies of the Linux kernel source, what can a bunch of lawyers do about it?

      Are they gonna outlaw compilers?

      Please explain.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    2. Re:bad news for Linux? by Abcd1234 · · Score: 2

      Troll? Probably, but I'll bite...

      Can you prove that Linux is successful because of the GPL? Is there any way to show that, if Linux was under the BSD license, it would have failed? I would argue that Linux succeeded because it just happened to be in the right place at the right time. I mean, really, can you honestly say, with a straight face, that IBM and HP put money into Linux *because* it was GPLd?

      The fact is, the BSDs are successful in their own right. And while they're not as successful as Linux in the commercial marketplace, I highly doubt that has anything to do with licensing. I know I'd still be using Linux if it was using a BSD license. Wouldn't you?

      As for Linux's advantages you listed, "stability and security", you seem to forget that OpenBSD, a landmark of security and stability, is a BSD-derived operating system. So, clearly, these advantages have little or nothing to do with the GPL. Heck, I can't even understand why the GPL would promote these things. The popular "Linux" name exists because there is a group of developers who perform quality control on the kernel source. This is totally unrelated to licensing, since the same thing could be done if Linux wasn't GPLd. The only difference is that, theoretically, a company could create a distribute their own Linux-based kernel, and close it up. But where's the harm in that? If people wanted "stability and security", they'd just go for the official Linux kernel distribution.

      So, please, try to explain to me why the GPL has *anything* to do with Linux's success. I'd love to hear it, because I sure don't believe it.

    3. Re:bad news for Linux? by GigsVT · · Score: 1

      If intellectual property laws are repealed, then Linux as we know it is doomed.

      Who said anything about repealing anything completely?

      And Linux's only advantages-- better stability and security--are only as safe as its code base.

      If IP laws were repealed, GNU/Linux could freely take whatever technology that was formerly covered by patent or copyright, the advantages of open source would be even more apparent, since companies that rely on IP only for income (otherwise known as leeches, or Rambus), will go out of business, leaving only the people who are really producing non-IP value to make the money.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:bad news for Linux? by hellfire · · Score: 1

      Microsoft will always do fine, with or without intellectual property laws. They sell certification, training, and support in addition to IP. And Linux's only advantages--better stability and security--are only as safe as its code base. If intellectual property laws are repealed, then Linux as we know it is doomed.

      Ummmm... what?

      Microsoft's advantages:

      1) Selling closed copywrited software at very very high prices.
      2) Dominance in a market where everyone thinks they have to buy their software, which is copywrited and you can't modify the source yourself.
      3) A system of copywrites that force people to buy their software

      Linux's advantages:
      1) Its Free, whether or not its copywrited
      2) Its expandable by everyone in the world, whether or not its copywrited.
      3) Its revenue stream is based on consulting, not software.

      Microsoft's revenue stream is based on SOFTWARE. Linux is based on CONSULTING!!! Consulting is not affected by copywrite nearly as much as Software sales are. Linux will be untouched by any changes to any copywrite laws. Isn't freedom from copywrite one of GPL's main tenants?

      --

      "All great wisdom is contained in .signature files"

    5. Re:bad news for Linux? by Anonymous Coward · · Score: 0

      As the article says, no one is calling for abolition of copyright, only returning it to its original intent. The nice thing about the GPL is, while its strength depends on the strength of copyright law, so does the need to have a license like the GPL in the first place. I've always thought of the GPL as "the public domain with teeth." If the real public domain is strengthened again, we don't need the GPL as much.

    6. Re:bad news for Linux? by drudd · · Score: 2

      I don't think you could prove it, but you can certainly make good arguments.

      I doubt IBM would put a huge amount of effort into something which was under a BSD type license. Why should they invest large amounts of effort just to have their work stolen by their compeditors. The GPL at least allows IBM to benefit from the work of the others who use their software.

      Doug

      --
      Venn ist das nurnstuck git und Slotermeyer? Ya! Beigerhund das oder die Flipperwaldt gersput!
    7. Re:bad news for Linux? by EllisDees · · Score: 2

      >So, please, try to explain to me why the GPL has *anything* to do with Linux's success. I'd love to hear it, because I sure don't believe it.

      The GPL attracts more programmers than BSD. Many of us don't appreciate the idea that we might spend our time writing a quality piece of software and turn it over to the community, only to have a company turn around and make a tiny change and start selling it.

      The forced openness of the GPL is a big part of what makes Linux successful.

      --
      -- Give me ambiguity or give me something else!
    8. Re:bad news for Linux? by ccady · · Score: 1

      Linux will be untouched by any changes to any copywrite (sic) laws. Isn't freedom from copywrite one of GPL's main tenants? (sic)

      Freedom from copyright is not a tenet of the GPL. The GPL relies on the fact that the work is copyrighted by the original authors, and that they have the right to place certain restrictions on their work. If there were no copyright laws, others could take the code which the author had written and put under GPL, incorporate it into their own code, and resell the result without letting anyone else see their work.

      --
      J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
    9. Re:bad news for Linux? by Anonymous Coward · · Score: 0

      This is true! someone might steal the linux codebase and then they'd stop making money.......

      oh wait.....

    10. Re:bad news for Linux? by javahacker · · Score: 1

      ...advocacy and research aimed at curtailing the recent expansion of copyright law.'

      They just want to fight the DMCA, and the extension of the length of copyright, not remove all copyright law.

      Without copyright and patent laws that make the GPL enforceable, Linux would be no better off than *BSD

      Patent laws have nothing to do with the success of GPL, which is based in copyright law. Linus didn't patent Linux, because he doesn't believe in software patents, given his recent statements on LKML about patents.

      Thos two things are very separate, even though people lump them together under "intellectual property". Copyright, which it appears you don't have much respect for, was traditionally used for printed or textual information. No one had a problem saying I can't sell someone elses book as my own work. If I want to copy it for my own use, that has been declared legal long ago. The DMCA goes way beyond the traditional copyright protection for an author, and that is the issue. The other issue is the extension of the length of time a copyright is good for. The original duration gave an author a chance to make some money from his work before it became public domain. It is now being extended to allow huge corporations to make money for decades after the original author is dead and gone (like Walt Disney). This was arguably not the original intent.

      Now we need someone to help finance the efforts break the software and business process patents, which are probably much worse for society than the idiocy of the DMCA.

    11. Re:bad news for Linux? by ignorant_newbie · · Score: 1

      >Without copyright and patent laws that make the GPL
      >enforceable, Linux would be no better off than *BSD

      I'm curious as to what you mean by this? are you refering to the fact that the BSD license allows commercial use? it's my impression that this is intentional, folk who release things under this kind of license basically don't want to waste time on politics, they just want to write code.

      Are you implying some sort of lack on the bsd's part? the only thing i've found that FreeBSD doesn't do that Linux does is some of the newer wine based things. sure, atm Linux has better SMP support, but the filesystems largely suck by comparision, etc, etc.

    12. Re:bad news for Linux? by Anonymous Coward · · Score: 0

      "Without copyright and patent laws that make the GPL enforceable, Linux would be no better off than *BSD, and certainly wouldn't have made the inroads it has at IBM and HP."

      But without copyright and patent laws the GPL would be unnecessary.

    13. Re:bad news for Linux? by hendridm · · Score: 2

      > Without copyright and patent laws that make the GPL enforceable...

      As they state in the article, they're not against copyright and patent laws and are not seeking to obliterate them. They are mearly trying to find a cure for the ones that hinder innovation (to paraphrase).

    14. Re:bad news for Linux? by Anonymous Coward · · Score: 0

      regarding comparison to windows et al, it is not as much a matter of GPL vs. BSD, but it is a matter of open vs. closed. the main reason why GNU/Linux is surviving is because it is open source; the same with *BSD. why do both still exist? open source.

      open source keeps the portion of software competing with major companies (i.e. kernel, web server, gui desktop, other 'major' applications) from being cruched by a monopoly-driven market. look at OS/2; look at BeOS. now, it could make less of a difference for the small software where there is actually competition (i.e. cd burning software, music players, etc.). for the most part, keeping those programs closed wouldn't cause them to be crushed. but, of course, once it competes with a product from a monopoly company, it is probably dead and making open might help save it. (but of course making it open in the first place would have protected it to start with.) any open liscense does that, not just GPL

      now, with GNU/Linux and *BSD. i believe that the reason why GNU/Linux has done better from the development standpoint is that companies don't want to contribute to something that can be turned into a closed derivative of their work. my guess is that not many companies would want to contribute to a competitor's closed project. is that fear justified? maybe and maybe not. and, besides, *BSD isn't dead yet; it is still better than GNU/Linux in some regards (e.g. VM) even though it has less developers (which, by the way, isn't always a bad thing). also, the development rate isn't the same as it's usage

    15. Re:bad news for Linux? by Cadrach · · Score: 1

      The original duration gave an author a chance to make some money from his work before it became public domain. It is now being extended to allow huge corporations to make money for decades after the original author is dead and gone (like Walt Disney). This was arguably not the original intent.

      First of all, let me state that I think javahacker and I are arguing towards the same conclusion; I'm not trying to prove him/her wrong, I just think that javahacker could make a stronger argument than he/she did. (By the way, isn't the "he/she" thing annoying? I propose we adopt a term "ge" (rhymes with "he" "she" and "key") that both implies personhood (unlike "it") and abstains from containing any information regarding gender).

      This was demonstrably not the original intent. Constitution of the United States of America, Section 8, Clause 8: [The Congress shall have Power] To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (Highlighting is mine, of course, and not the original text's).

      Copyright is only granted in the US Constitution to create an incentive for people to create useful works; it is not granted as a property right. The framers would have considered such an idea ludicrous (in fact, Jefferson did, and said so; see the end of this post).

      Of course, whether the framers believed in copyright or not should not be taken as a definitive reason to accept it or reject it. We human beings (myself included) worship "that which has come before" to a strange degree. In the US, the precedents set in our courts hugely influence future cases; they should certainly be taken into consideration, but not treated as scripture. Instead, we should reflect on past events and beliefs and make logical, reasonable, and practical decisions.

      What is the logical, reasonable, and practical conclusion to come to in the case of copyright? Create a short-lived copyright (no more than ten years), and give individuals moderate (yes, this would need to be defined) freedom to copy the material for their own personal use. Don't allow people to copyright works that they merely discovered (such as the human genome). Come down extremely hard on anyone breaking copyright for profit (selling "pirated" software/movies, etc.). Much to our surprise, this is largely compatible with the word and intent of the US Constitution (it adds "fair use"). How nice.

      Slightly off topic, but very related, don't allow people to patent algorithms; granting a person an exclusive right to perform certain mathematical calculations is absolutely insane.

      Language and communication are only possible in an environment with a sufficiently large shared intellectual commons. Let's try not to destroy ours.

      "It would be singular to admit a natural and even an hereditary right to inventors... It would be curious... if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody... The exclusive right to invention [is] given not of natural right, but for the benefit of society." --Thomas Jefferson to Isaac McPherson, 1813. ME 13:333

      --
      Faith may be defined briefly as an illogical belief in the occurrence of the improbable. --H.L. Mencken
    16. Re:bad news for Linux? by ignorant_newbie · · Score: 1

      >The GPL attracts more programmers than BSD

      yeah, but is this 'cause it's better, or 'cause Linus used it?

    17. Re:bad news for Linux? by leviramsey · · Score: 2

      Think McFly, think.

      With no intellectual property laws, the GPL is invalid. This means that I am free to take Linux (or any other GPL code) and close the source, or insert backdoors, or do other mischievous things.

      " The simplest way to make a program free is to put it in the public domain (18k characters), uncopyrighted. This allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software (18k characters). They can make changes, many or few, and distribute the result as a proprietary product. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away." -- Free Software Foundation
    18. Re:bad news for Linux? by chthon · · Score: 1

      This is something that I had already thought over in the past.

      If you have an organisation that is large enough, you could pull of grabbing the codebase, modifying it and releasing the program without sources.

      However, you will have do one of two things : saying that your program is compatible with the original, or saying that it is something totally new.

      In the first case, you have locked yourself in, because if you claim compatibility, you must make this true, and you will need to follow that original organisation from which the codebase grew, and which is still developing. This means that the best you can do is just take their code everytime and provide new releases as fast as the original group.

      If you say that it is something completely new, then you will have to make an effort in convincing people that it is better, but you cannot say that it is better than the original. If you really fork your codebase, than you will need a real large group of people with the same capacities as the original group from which the code forked.

      Smaller projects can easily be taken over, but for large projects like the Linux kernel, I think it is not really practical, because of the investments needed. Investments in equally competent people, but also extra investments in marketing and so on.

      You can base a product, a package, a distribution on it, but really forking Linux and maintaining a complete separate codebase ? It would be just an enormous waste of time and money.

      Jurgen

    19. Re:bad news for Linux? by EllisDees · · Score: 1

      Did you even read the rest of my comment?

      --
      -- Give me ambiguity or give me something else!
    20. Re:bad news for Linux? by chthon · · Score: 1

      The GPL also allows commercial use !!

  16. Copywrite Law by CreamOfWheat · · Score: 0

    will always be held up by the courts as being a legal method for corporations and individuals to protect their intellecual property. It is time for Duke and its coward to face up to the facts of this and be aware his $2m will be utterly wasted.

    1. Re:Copywrite Law by jedidiah · · Score: 2

      This has not been universally true in the past. There is no reason for it to be universally true in the future.

      The legal theories that circulate around here don't do so in a vaccuum. They actually reflect US law as it has been in the past, as well as case law. We aren't all just pulling these ideas out of our asses.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  17. Well funded? by LinuxInDallas · · Score: 1

    I agree, this is somewhat encouraging. However, 1 milion is a paltry amount of money compared to what is at the disposal of the music/movie industry. A couple lawsuits could eat that up in no time.

  18. mechanics of anonymous million dollar transfers? by kisrael · · Score: 3, Interesting

    Anyone know how the anonymous transfer of a million dollars happens?

    Especially these days, when big secretive money moves are watched more carefully.

    A bunch of 50s in some briefcases?

    Some kind of anonymous bank check?

    Or does the University probably know, but part of the deal is that they don't tell anyone?

    --
    SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  19. EFF==ACLU by Anonymous Coward · · Score: 0

    Both only get involved in cases where they'll maximize their publicity, while ignoring lower-profile (and higher risk) cases.

    Fuck 'em both.

    Why can't people just accept we're o\/\/n3d and get over it?

  20. Theory on the donor.... by jsonmez · · Score: 2, Funny

    This is my theory on the donor... You know how serial killers eventually get caught, not because people outsmart them, but because they feel guilty and really want to be caught and punished so they leave clues... I think it's the guy that copyrighted the phone numbers as music pieces, or maybe the jpg company...

  21. Re:mechanics of anonymous million dollar transfers by HaeMaker · · Score: 3, Insightful

    The university knows. There is probably a contract that states the benefactor shall remain anonymous.

  22. This is a good start... by LaserBeams · · Score: 1

    Heck, anything better than what we have had is a good start. But I'm afraid the $1 million is too little, and the vast majority of the public really doesn't care, or see the need for anything to change. Do they really care if long-dead animator Walter Disney gets to keep the rights to poor Mickey Mouse? No.

    Which means, at least for the short term, we're still screwed.

    Advocacy can work wonders, but only if the public is willing to listen, and right now, I don't see that happening.

    --
    Karma: \Kar"ma\, n. [Skr.] (Buddhism) One's acts considered as fixing one's lot in the future existence.
    1. Re:This is a good start... by stratjakt · · Score: 5, Insightful

      Actually, alot of the public does care, once made to understand.

      Personally, I'm furious that I can't legally make a copy of Steamboat Willie to show to my kids. It's a piece of culture. It's history. It's not a commodity anymore. I should be able to say "look kids, here's the very first Mickey Mouse cartoon". But I can't do so unless Disney both decides to sell it, and I can afford it.

      Just this weekend I explained this to an untechnical friend of mine. As soon as I explained that Steamboat Willie (and countless other pieces of culture) should belong to EVERYONE, not do Disney, he was confused. He truly did not understand the concept of 'Public Domain'.

      His response was 'they can profit off Mickey Mouse, so they should keep it'

      To which I replied, "Mark Twain's ancestors could profit off of Huckleberry Finn, but it's public domain. Profit isn't an issue. Copyright is a favor we grant creators. We own it. They stole it. This was exactly the same situation the founders of this country set up the law to prevent: a handful of corporations owning and controlling what we see, read and hear."

      I actually watched as the hamster turned the wheels in his head. In an instant he was as pissed about the situation as I was.

      This is our culture. This is our history. Whether any one person thinks any one piece of film, text, or music is trivial is irrelevant.

      Fact is, in 100 years, when some kid needs to write a book report on 20th century culture, he'll be paying royalties.

      So, in the end, we just need to increase public awareness, be it one person at a time. Your average Johnny Lunchpail doesn't realise what Public Domain is. They think copyright is forever.

      That said, 1 million dollars to pay a bunch of future lobbyists isn't, IMO, the answer. 1 million dollars for a TV or radio campaign would be much better spent.

      People are pissed when they understand the problem. We've all been taken advantage of.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:This is a good start... by pommiekiwifruit · · Score: 1

      1 million dollars for a TV or radio campaign would be much better spent.

      You want to give 1 million dollars to Valenti and associates??? At the very least, the print media are owned by a different set of moguls.

    3. Re:This is a good start... by PMuse · · Score: 2
      Well said. In America, copyright is a bargain. We give authors monopoly rents for a period of time and in exchange, their work eventually enriches the public domain. To explain how the public domain is being robbed to the uninitiated, we have to list off works in their favorite genre of music, movies, or literature that are more than about 30 years old.

      For example, take the AFI's Top 100 Movies. Eighty-nine of the 100 are more than 30 years old! Including "Citizen Kane" (1941), "Casablanca" (1942), "The Godfather" (1972), "Gone With the Wind" (1939), "The Wizard of Oz" (1939), "The Bridge on the River Kwai" (1957), "Psycho" (1960), "2001: A Space Odyssey" (1968), "The Maltese Falcon" (1941), "To Kill a Mockingbird" (1962), "King Kong" (1933), "A Streetcar Named Desire" (1951), "A Clockwork Orange" (1971), "Snow White and the Seven Dwarfs" (1937), "The Sound of Music" (1965), "M*A*S*H" (1970), "Fantasia" (1940), "Rebel Without a Cause" (1955), "Ben-Hur" (1959).

      Under the original term of copyright, all these would already be 100% free to all of us. Not to mention Elvis, the Beatles, Tolkien, and a host of novels: Ulysses (1918) -- James Joyce, The Great Gatsby (1925) -- F. Scott Fitzgerald, Lolita (1955) -- Vladimir Nabokov, Brave New World (1932) -- Aldous Huxley, Catch-22 (1961) -- Joseph Heller, The Grapes of Wrath (1939) -- John Steinbeck, 1984 (1949) -- George Orwell, Slaughterhouse Five (1969) -- Kurt Vonnegut, Invisible Man (1952) -- Ralph Ellison, Animal Farm (1946) -- George Orwell, Lord of the Flies (1954) -- William Golding, Deliverance (1970) -- James Dickey, The Sun Also Rises (1926) -- Ernest Hemingway, The Maltese Falcon (1930) -- Dashiell Hammett, The Catcher in the Rye (1951) -- J.D. Salinger, A Clockwork Orange (1962) -- Anthony Burgess, Of Human Bondage (1915) -- W. Somerset Maugham, A Farewell to Arms (1929) -- Ernest Hemingway, The Postman Always Rings Twice (1934) -- James M. Cain. While some of this stuff may already have fallen into the public domain, by rights, ALL of it should be ours already.

      The public domain is what let's us sing "America the Beautiful" and do anything we want with it, royalty-free. The plundering of the public domain by copyright extensions, is what will prevent us from freely sing "God Bless the USA" for more than 70 years (copyright Lee Greenwood 1984).

      -----

      To which I replied, "Mark Twain's ancestors could profit off of Huckleberry Finn, but it's public domain.

      ;) Of course, Clemens' ancestors are probably a lot less worried about that than his descendants.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  23. Lawsuit v. Duke University School of Law? by MORTAR_COMBAT! · · Score: 2

    Remember, the $1M went to the Duke University School of Law. there are hundreds of students there, paying Duke for the privilege of researching this subject.

    If somebody wants to sue Duke Law School and hopes to suck them dry with legal costs, they are barking up the wrong tree. You generally don't sue people who (a) know more about the law than you and (b) have hundreds more lawyers than you, especially since (c) they have those hundreds more lawyers for free.

    --
    MORTAR COMBAT!
    1. Re:Lawsuit v. Duke University School of Law? by Anonymous Coward · · Score: 1, Funny

      You generally don't sue people who (a) know more about the law than you and (b) have hundreds more lawyers than you, especially since (c) they have those hundreds more lawyers for free.

      Duke's law students are only apprentice lawyers. Barely level 1 in AD&D terms. The kinds of lawyers the MPAA can afford to employ are level 15 not to mention they have hundreds of dark clerics on their side of the table.

    2. Re:Lawsuit v. Duke University School of Law? by CableModemSniper · · Score: 1

      Well I'd take hundreds of Lvl 1 fighters over 1 Lvl 15 fighter, but these are lawyers we are talking about...

      --
      Why not fork?
    3. Re:Lawsuit v. Duke University School of Law? by DEBEDb · · Score: 2

      You forget that Duke's law school also has
      PROFESSORS.

      --

      Considered harmful.
  24. Re:I admit it by Anonymous Coward · · Score: 0

    No, it was someone who didn't lose their shirt in the dot-bomb fallout.

    Nice try, ESR.

  25. Re:mechanics of anonymous million dollar transfers by Eusebo · · Score: 1

    No that hard... Use a lawyer as a middle man. Bound by client confidentiality, they would be unable to disclose who wired the money to them. All the Univesity knows is they recieved a $1M wire from some lawyer.

    --
    It is quite simple
    Haiku should not be funny
    Try a Senryu
  26. As who knows it? by Anonymous Coward · · Score: 0

    Linux was never, is not, and never will be about taking the world by force.

    Linux will always survive, possibly to the end of time, provided mankind doesn't get around to killing itself off first.

    If corporations are allowed to pillage Linux, what will happen? A lot of frothing zealots will dissapear. A lot of hard working developers will too, unfortunately.

    But in the end, it'll be left with a group of developers and users who will still respect the GPL, even if it isn't enforceable by law.

    Kind of like how it started out, when no one had a damned clue if the GPL could hold in court. (AFAIK, we still don't.)

  27. Re:mechanics of anonymous million dollar transfers by cetan · · Score: 1

    If the person that donated the money did so through legal cousel or other such representative they (the unversity) may not know. (I give money to x with the written instructions to distribute to y parties. Y parties receive money from x but not from me.)

    You can bet your bottom dollar that the Feds know who it is though.

    --
    In Soviet Russia...michael would be rotting in Siberia!
  28. Re:mechanics of anonymous million dollar transfers by /dev/trash · · Score: 1

    I'd say it's nigh impossible....

  29. Just a minute... by Anixamander · · Score: 5, Funny

    It's good to know that we have some well-funded idealists on our side, even if they are 'Anonymous Cowards.' ;^)

    Interesting article submission, yet it violates my patent on "a method for using ASCII test to simulate a pointy nosed person winking and smiling ." You will be hearing from my lawyers.

    --
    Do not taunt Happy Fun Ball(TM)
    1. Re:Just a minute... by unicron · · Score: 2

      Yes, but I own the patent for "using ASCII text to express the english language in written form" so I more or less run the world at this point.

      --
      Finally, math books without any of that base 6 crap in them.
    2. Re:Just a minute... by Anonymous Coward · · Score: 0
      No FREE money for you you greedy JEW!!!

      Go earn your money you fuck'n leech!

    3. Re:Just a minute... by BlueGecko · · Score: 2

      No no no, that's not technical enough. Refer to it as an image compression algorithm wherein a specific sequence of ASCII characters sent from server to client signals that an image stored on the client is to be used at the location of the specified ASCII stream. This is much broader and should nail a lot of people, including people who try to view a website on the same machine that's serving the content (such as most webmasters).

    4. Re:Just a minute... by morie · · Score: 2

      he did not use ASCII test, did he? Oh, text, do you have that patent as wel?

      --
      Sig (appended to the end of comments I post, 54 chars)
  30. More details surfaced... by Anonvmous+Coward · · Score: 0, Troll

    ...The AC offered to show photo ID to prove the check was valid, only to produce a pic of a man holding his bum open.

  31. A tough job by ch-chuck · · Score: 2

    I know it's an unpleasant, thankless, unpopular job, but I'll volunteer to give up my personal time and make the necessary commitments it takes to be the anonymous recepient of the million dollar grant. Just PayPal the funds to my hotmail account, mayadharme@hotmail.com. You're quite welcome, and rest assured, this generous donation will go a long way to restoring sanity to the patent, copyright and IP situation in these turbulent times.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  32. the patent problem is a bigger issue by MattW · · Score: 5, Insightful

    While abuse of copyright and dwindling fair use law is bad, fundamentally those things which are copyrighted are created by the authors, and they should have the ability to control them. If they control them in an anti-consumer way, consumers can always boycott them. This isn't going to change the world tomorrow or the day after, but what's at stake? Movies, music, TV, books -- mostly entertainment.

    The patent problem is horrid. Unlike copyright, where at least people might claim some rights based on creation, patent law is clearly corrupted. People patent things that are not inventions -- they patent "business methods" of dubious originality, they patent software methods which have been in use long before the patent filing ("oh, no documentation that you used it? no prior art, then"), and moreover, patents screw the little guys, because patents cost a metric fuckton of money to get, especially en masse. If I write a book, copyright protects me automatically, and filing a copyright is cheap. If I didn't want to file a copyright, nowadays technology gives me other irrefutable options -- like publishing MD5 checksums in the paper -- that are even cheaper. If patents are truly for novel inventions, then why are developers in the software industry constantly afraid of stepping on patents? If all that many people are coming up with something independantly, doesn't that imply that the patent holder was just the first to file on something obvious that followed from existing technology, instead of the inventor of something novel?

    Moreover, with patents, we affect all of technology, from CS to biotech, and we stop innovation. Having to pay $10 more than you should for a Britney Spears CD isn't going to hurt the economy -- but having to pay too much for inferior technology for 25 years that no one can legally improve upon, well, that's going to hurt the economy. Patents on obvious inventions slow innovation, hurt growth, damage industries, restrict R&D -- and this effect cuts across industries.

    I'm sorry, but this is a lot more damaging that whether or not you can legally rip and/or trade mp3s.

    1. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 5, Insightful

      [F]undamentally those things which are copyrighted are created by the authors, and they should have the ability to control them.

      Oh? How are you getting this? Merely coming up with a creative work doesn't seem to impart control, nor inherently need it to be artifically given. You're not arguing from a standpoint of utility, or you wouldn't've made such an absolute statement. You appear to be arguing from a stance of natural rights.

      So... what natural rights? Are you, the author, HARMED because I can copy your work. I'm not excluding you from your ability to do things with it. I can't stop you for the same reason you couldn't stop me. And you ignore the notion that multiple authors may create a work. Did Disney create the Little Mermaid movie themselves, or by using previous works. Who then would be owed control if it flowed from the author?

      Copyrights do not work like this. You cannot claim rights for as trifling a thing as a creative work MERELY because you created it. (which as we've seen may not mean complete creation anyway)

      The way this _actually_ works 'round these parts is that people are granted copyright protection when society, and the government acting on its behalf, find it in _their_ best interests to do so. Whether it is in authors' best interests is irrelevant, save where that is a factor in the public's.

      And frankly, I'm disturbed that you take such a dim view of copyright anyway. Copyright is culture. Our folk heroes now are Bugs Bunny and Luke Skywalker. Our common cultural experiences are in books, music, tv shows and movies. It's how we tell one another about ourselves and the world around us.

      It is vitally important.

      Do we study ancient Greece because of their inventions (precious few of them) or their art, architecture and philosophy? Do tourists worldwide flock to Rome to marvel at the way that the Sistine Chapel was constructed, or what's painted on the ceiling? Art is damned important. The damage that can occur to our culture is far more signifcant than you understand.

      --
      -- 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.
    2. Re:the patent problem is a bigger issue by amchugh · · Score: 2, Interesting

      In addition to entertainment, 'font software', source code, educational textbooks, design concepts, and 'architectual work' are copyrighted. An indefinite extension to copyright of such items will harm education efforts, the ability of musicians, artists, designers, and architects to create 'derivative' works, or incorporate design elements of varied themes, and the ability of archivists and librarians to capture such work in a meaningful way that lets us preserve history and culture.

      In my opinion, a lot of the failures of the world wide web to capture all information (especially educational or 'high quality' content) in a searchable manner are related to our attitudes towards copyright and IP.

    3. Re:the patent problem is a bigger issue by Anthony+Boyd · · Score: 2
      [F]undamentally those things which are copyrighted are created by the authors, and they should have the ability to control them.
      Oh? How are you getting this? Merely coming up with a creative work doesn't seem to impart control, nor inherently need it to be artifically given.

      Well, no control mechanism magically appears when I write a poem or record a song. So you're right that control isn't automatically or fundamentally given upon creating an original work. However, I disagree with the end of your sentence -- the suggestion that it inherently doesn't need to be given is, frankly, wrongheaded. People who create content have repeatedly stated and shown that when their creations have no protection, they go create them elsewhere. Employees who are told that the ideas they come up with over the weekend during NON-work hours somehow belong to the company, well, those employees leave fast. There is a reason why Silicon Valley is in California -- there are laws on the books that protect me from a predatory employer who wants to steal my weekend hobby. So the idea-guys flourish here. Startups abound. And back to content, I create poetry, essays, technical articles, and sometimes graphics. I fully expect to be given -- artifically or otherwise -- the right to capitalize on that creation. I want to present my work in the best light, and in some cases I want to charge for it. If a magazine wants to republish it on the Web, I want my penny-per-page-view. If there is no copyright system in place, it does not create some Kumbaya communal ownership structure. Instead, it gives big companies the ability to appropriate my work and sell it with a million-dollar marketing push that I cannot match, and then all the money for my work goes to them. Fuck that.

      Are you, the author, HARMED because I can copy your work. I'm not excluding you from your ability to do things with it.

      Yes you are. Part of copyright is -- or dammit, I want laws passed that make it this way -- similar to the limited monopoly concept: I want you deprived of the content if you won't pay for it. I need copyright laws to force you to miss out so that market forces create demand. See, I believe a lot of the "I never would have paid anyway, so what's the harm" questions are bullshit. You will buy it if it's the only way to get it. And if you really won't, then when my product doesn't sell, I'll know I need to lower the price or make a better product. That's not only the system that I believe is currently in place, it's the system I want enforced, and if it's not exactly as I described, then I want it to be that way, and I'm willing to go vote to get people in office who will support that.

      Now, after disagreeing with you so much, I want to make one concession: copyright laws go too far right now. Even with my own creations, I don't want my kids to live off of them. I don't want their grandkids to live off of them. I want enough time to sell my book or CD, make some money, and maybe have enough time to sell a greatest hits or compilation or a few reprints. So while I defend the copyright system, I want it completely rolled back to the original copyright system put in place 200 years ago: 14 or 28 years with 1 renewal. That's it. That's all.

    4. Re:the patent problem is a bigger issue by MattW · · Score: 2

      Sorry -- it should be clear that it's an opinion. I think that, in a way, control over work created is a payment of sorts. Do I believe that people have an inherent right to intellectual property? Not necessarily. I do believe that people have the right to enforce contracts, and if you created intellectual property which people regarded as valuable, you might restrict it by contract so that only those who agreed to not redistribute it would have access. If it were redistributed, you could then trace that and take action against those who violated a contract with you. Copyright law just simplifies this by automatically forcing people into a contract of non-distribution.

      So, in terms of the inherent right to intellectual property, I believe it does exist, because you shouldn't have the right to force me to think and create for you. Copyright law is merely a mechanism for shifting the onus of proof onto the distributor that they have the right to distribute, rather than the creator to show that they never publically released a work, thus meaning that someone violated a contract.

      I don't believe that the 'popular culture' which is sold by big media firms is important to us, no. Art is important, but I'm talking about the dangers of losing Britney Spears, and you're countering that the Cistine Chapel is important? I'm sorry, but Britney != Cistine Chapel.

    5. Re:the patent problem is a bigger issue by wisemat · · Score: 1

      I partially agree that the patent problem is a larger threat to the society and should be dealt with, but that does not mean we should forgo the copyright battle and it does not mean this is not a good thing.

      Also, patents primarily affect industry. That does not mean they do not affect the consumer and individuals indirectly, but their primary direct effect is on other companies in an industry. Overlyrestrictive copyright laws and DRM copyright protection does affect the consumer directly as well as indirectly.


    6. Re:the patent problem is a bigger issue by MattW · · Score: 2

      Most or all of these things can be re-written. All software can be re-coded, and thus not violate copyright. Textbooks can be re-written.

      I'm certainly not saying that we should indefinitely extend copyright -- Bono and the supports of the Mickey Mouse Copyright Extension Act were clearly pandering to entertainment industry interests, starting with Disney.

      That said, patents cause a larger problem -- if I wrote font rendering software, someone can circumvent my copyright by writing their own version. But if I patent the only valid method to render such fonts, then no one can circumvent it. This is why the focus on much of copyright is on creative works like music -- because no matter how much you listen to Dave Matthews Band, you can't just duplicate their creative abilities -- it just isn't the same. That can't be said of something more rote, like the copyrighted code produced during the creation of a program. That can be duplicated, and is, all the time.

    7. Re:the patent problem is a bigger issue by Salsaman · · Score: 2
      Copyright is culture.

      True. But I am sure you will agree that culture is not something static, it is something that changes and evolves and constantly reinvents itself.

      If that is the case, then the kind of copyrights we see today (author's life+75 years is it ?) are not helping culture but in fact are holding it back. Or, how about the kind of copyright law that says: 'you can buy a CD, but you can't make a backup of it even for yourself; you can buy a DVD, but make sure you play it in the approved countries, on a licensed player, oh and too bad if you don't run Windows'.

      So, I am not saying that copyright is bad, but the way it is being abused these days.

      However, I am not too sure what your point is, you seem to be arguing both that copyrights are bad, and that simultaneously they are not bad.

    8. Re:the patent problem is a bigger issue by Anonymous Coward · · Score: 1, Interesting

      While abuse of copyright and dwindling fair use law is bad, fundamentally those things which are copyrighted are created by the authors, and they should have the ability to control them

      They should have the right to their material creations, since they own that piece of property. The specific design or pattern that they discover, however, should be only protected for a limited time.

      If a scientist discovers a hidden truth of the Universe, he doesn't get to control how others use that knowledge, once disclose. If an inventor discovers a useful device that can be built, he only retains a monopoly on that device for 17 years, until after his patent runs out.

      If a musican, writer, or sculpture happen upon a pleasing combination of notes, words, or artwork, he can restrict others from creating works with that pattern of words, notes, or artwork for his entire lifetime, plus at least 50 years (for Berne Convention countries, 70 years in the US).

      If you wish to argue that creators should have universal rights over thier creations, then recall that under most countries laws, a creator only has the right to create things from components which he or she owns. For example, if someone chooses to paint Mona Lisa on the side of my car, with my paints, I own the resulting creation, not them.

      Now, recall that the words, phrases, and culture that authors and artists use belong to the public domain -- and hence, all derivative works of the public domain should return there.

      --

      AC

    9. Re:the patent problem is a bigger issue by b0bd0bbs · · Score: 1

      Copyright law was originally intended to be 30 years of protection for the copyright holder. Way back in the day, Walt Disney was horrified to know that Mickey Mouse was going to become public domain, so he lobbied washington, and won, to extend copyright law to 50 years. And when the 50 years limit was approaching, he lobbied again and won. Knowing that he'd always have this problem, he set up a trust fund to protect his IP, even after his death. Years later, after his death, Disney has successfully lobbied copyright law all they way to "90 years after the death of the artist". Woohoo. Yeah Ted Turner needs to make MORE money off of Mickey Mouse.

      That timeframe is what is fundamentally wrong with copyright law today. It hinders the progress of society as a whole. There is a balance that needs to be found in order to protect IP creators while not slowing down the rest of society. Just look at the MPAA, RIAA, Disney, etc and it's easy to see how unbalanced the situation is. If copyright law wasn't so fucked up you'd be able to swap Elvis mp3s all day. He should be in the public domain by now, but he's not. The patent system is only broken because the patent office is swamped. Instead of researching each patent application and then accepting or declining it, the patent office instead grants most patents that it doesn't understand. This way the patent office doesn't have to do the research that it can't afford. Instead the private sector ends up doing it, and you end up with the misc patent lawsuits that you have today.

    10. Re:the patent problem is a bigger issue by PMuse · · Score: 1

      While abuse of copyright and dwindling fair use law is bad, fundamentally those things which are copyrighted are created by the authors, and they should have the ability to control them.

      Do you really think the creating authors are controlling their copyrights, "here, in this place? Do you think that's air you're breathing now? Hmmph."

      In a word: corporations.

      The patent problem is horrid. Unlike copyright, where at least people might claim some rights based on creation, patent law is clearly corrupted. People patent things that are not inventions . . .

      Reasons why the copyright mess is worse than the patent mess.

      1. Copyright lasts roughly 5 times as long. (And, given the current pattern of highly convenient extensions is effectively unending.)

      2. Unlike copyright, there are some barriers to getting a patent. (We can all wish they'd been higher in the last few years, but that's fixable.)

      3. If you want your patent to last the full 20 years, you must pay hefty maintenance fees. Otherwise, it goes into the public domain much sooner.

      4a. If you're looking for corruption, look no further than the vote-buying and lobbying that abounds in copyright: the Bono Act, the DMCA, the NET Act, not to mention that hack-em-if-you-own-em Berman-Coble bill. You can't point to a similar history for patents.

      4b. The problem with patents is that the patent office is over-worked, understaffed, and out-gunned by applicants. It's not about corruption.

      5. If a bad patent is issued, it can be broken in court. There's almost no way to get a copyright revoked.

      6. Copyrights affect us individually every day: crippled devices, PVR wars, Napster may-it-rest-in-peace, DVD region-coding, unskippable DVD tracks, movie theater ticket prices, closed-source software, etc. Patents are seldom "in our face" as consumers.

      We should wish copyrights were as easy to get rid of as patents. If they were, we'd have Elvis, the Beatles, Tolkien, Mickey Mouse, Bugs Bunny, Casablanca, and so, so many others in the public domain today.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    11. Re:the patent problem is a bigger issue by jyx · · Score: 2, Insightful

      Having to pay $10 more than you should for a Britney Spears CD isn't going to hurt the economy

      Wot? Call me an economically challenged dumb-arse, but isn't that 10$ per CD is going into big ol faceless record corporations pockets? For doing sweet bugger all?

      I think Id rather use my 10$ PER CD to support a local restaurant, buy something physical that is actually WORTH the money it costs, or maybe even buy more music!? Surely the money is better for the economy spread out all over the place, purchase things that its actually worth. How is paying $30 for goods worth $5 (and I'm being generous) good for the economy?

      My view: 5 year IP Copyright.. for everything. You write a book, great. You have 5 years after publishing to make money of it, after that, if some publishing house can publish your book in hard cover, on quality paper for HALF THE PRICE OF WHAT I PAID FOR MY FALL TO BITS PAPER BACK that more power to them. Made a killer app, milk it for all its worth, but after 5 years anyone can burn it and do what they like.

    12. Re:the patent problem is a bigger issue by p3d0 · · Score: 1
      Hear hear!

      (I have nothing more to say at this time.)

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    13. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 2

      I _definately_ agree that culture is not static. You very accurately discern my point in your last two sentences. A utilitarian copyright system is, in principle, useful and desirable. The devil is in the details however -- not any particular implementation of copyright laws will live up to the lofty goals we set for it. Only those that do should recieve our support. (or be legal)

      So copyrights are fairly bad as they stand now. But the basic system could be very good. In fact it could be very good without even altering the basic precepts behind it, just what we're doing to achieve them.

      --
      -- 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.
    14. Re:the patent problem is a bigger issue by Saeger · · Score: 1
      ...things which are copyrighted are created by the authors, and they should have the ability to control them.

      The reality is that enforcing that control is virtually impossible now, so why beat a dead horse? Artists need to stop thinking of their output as consumer product they can keep under lock and key.

      No, artists should have the ability to work for a living... to perform live... to be grateful instead of spiteful of paying fans... to ask for voluntary payment for ongoing support... to solicit funding for future works (ala street performer protocol)... to make their bottom line open if necessary... etc.

      When artists demand total control over their output, even when they know that's impossible, they're just shooting themselves in the foot.

      Who would you rather support with your money? Artists who view their fans as thieves and want nothing other than total control, like Harlan Ellison, Metallica, Dr. Dre, etc., or artists who are lot less fascist and very appreciative, like Janis Ian, Grateful Dead, etc.

      --

      --
      Power to the Peaceful
    15. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 2

      People who create content have repeatedly stated and shown that when their creations have no protection, they go create them elsewhere.

      This is not universal. I for example create content. (I'm an artist by trade, though my output is rather low due to demands on my time now that I'm back at school) Not only do I not especially care about the protection it recieves, but as you'll notice if you read my .sig here I actively try to eliminate said protection. For me, it is enough to know that the work has been created and may be valuable in some way to others -- particularly in ways that are only possible when it is in the public domain.

      Other artists may be happy with the money that they stand to make by being the first to market. For example, Shakespeare received no protection for his plays, and by necessity they were publicly performed. The audience included actors who, by listening carefully from the performance would learn the parts and stage the same play. Shakespeare's money came more from being the first to present it, and from being in one of the companies that would ultimately present it, keeping him in the game. (actually, he liked real estate even better, but then, who doesn't?)

      Commissioned artists work like this -- you pay them a fee and they makes you some art. They don't seriously expect to see any reward from it ever again. Most of my professional experience has been in this respect. It is distinct from, but similar to, the concept of a work for hire.

      And then there are some artists who are just happy to do art for art's sake. Or for their reputation. Or out of public-spiritedness. Or because the little green men told them to. (e.g. Whitley Streiber ;) Or whatever.

      Copyright is an incentive to those artists who are motivated materially by the possibility of financial reward. This is some, maybe even a lot of artists... but not all.

      And even then, there is a continuum -- an artist might just wait on tables if the potential reward to him is X, but max out all of his credit cards if it's 100X.

      So would you want to have copyrights that last forever if it meant that, say, billion dollar movies might be made? I wouldn't. The trade wouldn't be worth it. It makes more sense to have the field be rich in public domain works than to have utterly grandiose ones.

      In fact, it is entirely possible that TODAY we have too much reward for too little benefit. People point to the massive numbers of works being created now as though this is an unquestionable success of the copyright system as it stands, but it is entirely possible that we are getting those at too great a cost to the public domain and works that have not yet been produced, and will not, because they cannot draw on what's new now, and will be somewhat old then.

      Anyway, I'm flirting with getting off-point here.

      There is a reason why Silicon Valley is in California....

      Because there's a lot of VC to be had there? The defense industry? Good weather? Because people who went or were there (Shockley, the Fairchildren) didn't care to leave?

      What you're describing is trade secret law. Not copyright by a long shot. And it may have an impact on this... but it's utterly irrelevant to the discussion, and operates on totally different principles. Don't make the mistake of thinking that all forms of IP law are similar.

      I fully expect to be given -- artifically or otherwise -- the right to capitalize on that creation.

      Okay, great. Now we have established what you want. What's in it for me? You're asking me, after all, to give up my easily exercised ability to use that information too should I legally find it out. Unless you give me not just AN incentive to do as you wish, but one that's big enough to make up for the loss I'll suffer of being able to do what I like, I see no reason why I should submit to your wishes.

      And that is what copyright tries to do: to give the public, on whom the burden is placed, a greater net benefit than they would have had if they'd never had copyrights at all.

      Necessarily this is limited. It is limited to what makes sense for the public. Whether artists want something or not is irrelevant. Lots of artists don't want their work parodied. The public says, screw that, and lets parodists practice their art anyway, because we prefer to. Artists don't get to make that determination.

      You already appear to be buying into this: you think that artists get too much, EVEN IF THEY WANT IT. Because they don't get to decide.

      What's left is to follow this all the way: That copyright _may_ be good, but that it has to conform to what the public believes is in its best interests. This may indeed go so far as to give you what you want. But it's a gift; you didn't earn it and you cannot demand it.

      --
      -- 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.
    16. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 2

      I don't believe that the 'popular culture' which is sold by big media firms is important to us, no. Art is important, but I'm talking about the dangers of losing Britney Spears, and you're countering that the Cistine Chapel is important? I'm sorry, but Britney != Cistine Chapel

      You are right of course. And this is not an unusual position to adopt. Let's recount your like-minded predecessors, shall we:

      1950's: Rock and roll isn't music, it's crap.
      1890: Vincent Van Gogh dies having only sold one painting in his lifetime, because he is, after all, a crappy artist.
      1600's: Shakespeare doesn't bother publishing his plays because plays are crude entertainment and not real art.

      I can go on. Art has to do more with the audience than the artist. Think of films that flopped, but turned out to be classics. It's not because the movie itself changed, it's because the audience found value in it that they hadn't seen before.

      For all we know, our descendants will be amazed that we didn't recognize Britney Spears as the greatest musician ever to grace the Earth. They might have whole movements based on her works, and be dismissive of lesser artists, like Bach.

      I'd be surprised, but stranger things have happened. It's a perfectly reasonable position for the Britney fans of tomorrow to adopt, because ART IS SUBJECTIVE.

      I'll bet you $5 you're not armed with an Artometer that can accurately and objectively measure how much artistic value is in any particular thing. Until you invent one, we have every reason to protect Britney for no more and for no less than the reasons why we might have protected Michelangelo. Just think of them as interchangable.

      So, in terms of the inherent right to intellectual property, I believe it does exist, because you shouldn't have the right to force me to think and create for you.

      I never once said that I have the right to force you to do anything. I'm not forcing you to create. I'm not chaining you in a slave galley and drumming a rythym for you to think to.

      But this goes both ways.

      If you create something, why should you be able to force me not to copy them? God gave me eyes and ears and a brain. He created the nature of information in such a way that if I copy it, I don't take it from you, you still have it. In such a way that for me to even know what it is at all, you basically have to reveal it all to me. In such a way that copies are necessarily made just in order to utilize it.

      You're forcing me to NOT think of your works, and NOT create copies of it. How can you justify this if you're so opposed to the other? Aren't they basically the same sort of injury: compulsion?

      If you are a better person than that, you will ask me to respect your desires. If you're sensible, you'll give me a good reason to do so, rather than just trust my better nature.

      So, if you want me to refrain from doing something that I am otherwise free to do, what's in it for me?

      This is a question you really must have anticipated in using an analogy of contracts. After all, BOTH sides must exchange some value to have a contract. It's the notion of consideration. It can be slight, but few are likely to agree to such a thing unless each finds it equitable.

      So... tell me why I'd be a fool not to give you what you want. Tell me what I gain.

      --
      -- 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.
    17. Re:the patent problem is a bigger issue by Anthony+Boyd · · Score: 2
      I fully expect to be given -- artifically or otherwise -- the right to capitalize on that creation.
      Okay, great. Now we have established what you want. What's in it for me?

      Lack of jail time.

      You're asking me, after all, to give up my easily exercised ability to use that information too should I legally find it out. Unless you give me not just AN incentive to do as you wish, but one that's big enough to make up for the loss I'll suffer of being able to do what I like, I see no reason why I should submit to your wishes.

      Because it's in MY head, not yours, and I'm going to the government and saying to them that I'm not giving a brain dump until their laws protect me. I fully expect this to be a power play between content creators and content copiers, and I'm confident that the government will side with creators (well, this isn't even much of a gamble -- the US government has already done this). They know that if they don't, their entire country will suffer a brain drain as the talent goes elsewhere.

      And again, for those that see this post and not my previous one, I am no fan of locking up content forever. I firmly believe that Disney needs to get over Mickey Mouse and come up with something new. I believe in a strong, healthy public domain, and that work should fall into the public domain much more quickly than it does now (really, for all practical purposes, it doesn't). I also believe that if an author wants to release content under the Open Content license or even just release all rights and put it into the public domain, they should be free to do so. I am not advocating that every content creator must endure a forced lockdown of their work if they prefer to release it into the wild. But for those that want copyright to protect their work for a limited time, they ought to be able to do that, and have it backed up with rule of law.

    18. Re:the patent problem is a bigger issue by Reziac · · Score: 2

      Maybe the artist should have the right to control his work (within reasonable limits, not forever), but that does NOT mean he should have the right to control what *I* do with *other* works, and that is what the real issue is here: acto the RIAA, we are not to be trusted with ANY digital content, because after all we *might* steal *someone's* content -- better to restrict everything we do right up front, so there's no chance that some hypothetical infringement might occur.

      IOW, boycotts are all well and good if we have CHOICE, but what they're trying to enforce is "All things not compulsory are forbidden".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    19. Re:the patent problem is a bigger issue by evbergen · · Score: 2

      For all we know, our descendants will be amazed that we didn't recognize Britney Spears as the greatest musician ever to grace the Earth. They might have whole movements based on her works, and be dismissive of lesser artists, like Bach.

      Heresy! Heresy! Heresy!

      (And a horrible thought too. Brrr).

      --
      All generalizations are false, including this one. (Mark Twain)
    20. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 1

      Well, note that _I'm_ not saying Britney Spears is better than Bach in my own opinion. I'm putting myself in the shoes of someone who might think that. And that it is perfectly reasonable to rank them that way, since it is equally as subjective to rank them the other way.

      It's not as though you have indisputable proof that Bach is better than Britney, you know, or vice versa. It's all just opinion.

      --
      -- 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.
    21. Re:the patent problem is a bigger issue by evbergen · · Score: 1

      Look up the meaning of 'tongue in cheek'. It's in the dictionary. Sheesh.

      --
      All generalizations are false, including this one. (Mark Twain)
    22. Re:the patent problem is a bigger issue by Our+Man+In+Redmond · · Score: 2

      Do we study ancient Greece because of their inventions (precious few of them) or their art, architecture and philosophy? Do tourists worldwide flock to Rome to marvel at the way that the Sistine Chapel was constructed, or what's painted on the ceiling? Art is damned important. The damage that can occur to our culture is far more signifcant than you understand.

      Actually we do all of the above. And while inventions dating from before, say, AD 1200 might be few in number, they are by their nature fundamental. Or would you disagree that we have built today's technology on concepts like the measurement of time (Babylon), basic engineering (Egypt), systematic mathematics and medicine (Greece), and even something so basic and obvious to us but revolutionary at the time as the number zero (Arabs)?

      Copyright is culture.

      You are taking a pretty limited view of culture. Or are you forgetting Shakespeare, Dante, Milton, Goethe, Lao Tze, Dickens, the Bible, the Talmud, Aristophanes and countless others, none of which is copyrighted today if it ever was and, again, all of which is a foundation for Bugs Bunny and Luke Skywalker and the rest of today's culture?

      Sure, to most people (in the United States at least) culture is stuff like Star Wars and What's Opera Doc?, but when Lucas and Warner Brothers (and Tom Clancy and romance novelists and anyone else who creates today's equivalents of the stories by the campfire) create their works, they are standing on the shoulders of giants.

      --
      Someone you trust is one of us.
    23. Re:the patent problem is a bigger issue by Odinson · · Score: 2

      You are absolutly right, to bad we can't get the patent reform message out past the big media copyright holders.

      Media war room: a -> b -> c... "hmmmm, can you summerize the patent problem in 2 sentances or less? Sorry don't have time. "

      Media back room:"You offered them two sentences? Are you nuts?" "But sir, we have to at least appear to be fair..."

    24. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 1

      Well, I don't want to be too argumentative, surprisingly enough. I did not mean to promote art at the expense of invention, but rather to show that both are of great importance and should be highly prized. As for the other point, I also do not mean to forget the innumerable contributions made to our culture prior to the creation of the first copyright laws a mere 300 years ago. I totally agree with the 'standing on the shoulders of giants' idea. Again, my point was merely to show that popular culture has value -- comparable to inventions and to older culture -- even if it is copyrighted.

      I think we're both basically on the same wavelength here.

      --
      -- 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.
    25. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 2
      I fully expect to be given -- artifically or otherwise -- the right to capitalize on that creation.


      Okay, great. Now we have established what you want. What's in it for me?


      Lack of jail time.

      Cute. Allow me to rephrase my question more clearly:

      If I am the government, and my mandate is to represent the best interests of all of the citizens in the country, including, but not limited to you, why should I pass a law that is favorable ONLY to you as opposed to a law that benefitted everyone generally, even if that meant less of a benefit to you as an individual?

      I eagerly await your response.

      Because it's in MY head, not yours, and I'm going to the government and saying to them that I'm not giving a brain dump until their laws protect me.

      So what? Let's imagine that the benefit to society by learning this is X. And the harm to society of protecting you is Y.

      If X>Y then it behooves us to protect you. If XI fully expect this to be a power play between content creators and content copiers, and I'm confident that the government will side with creators (well, this isn't even much of a gamble -- the US government has already done this).

      Why? There's no historical basis for such a claim. Content copiers won in the U.S. from day one. Copyright law in the U.S. is intended to promote their interests by encouraging to be created many works, and by letting them copy those works.

      If it were intended to protect established creators, it would NEVER let people copy things. This invariably cuts into their profits.

      Of course, if it were intended to protect ALL authors, it would still permit copying, because there are no totally creative authors. Everyone stands on the shoulders of those who came before.

      They know that if they don't, their entire country will suffer a brain drain as the talent goes elsewhere.

      This is decidedly false as you've stated it.

      Let's imagine that the U.S. abandons all copyright law. The rest of the world keeps it.

      This means that if you publish a copyrighted work ANYWHERE, the people of the U.S. can (and will) copy it freely, because they can get their grubby little hands on it. Information is extraordinarily portable. In the worst situation it can be memorized; more often it's just easily carried around in some external medium.

      You clearly are no student of history.

      For quite a long time, U.S. copyright law only protected American authors. (and most countries had no copyright laws at all) Charles Dickens bitched all the time about how he could publish a serial novel in England where he held a copyright, a copy would find its way to America, and everyone would legally pirate it.

      Seems like a win for Americans, no? It doesn't matter whether Dickens lived in the U.S., since we could get the benefit of his creativity anyway. It even saved us money and restrictions on our freedom.

      The only alternative Dickens could've had would've been to not publish at all. But then he'd have to do something other than being an author. Maybe he'd work in a bank.

      It is to keep authors WRITING that we have copyright law. No one gives a rat's ass where they do it at. There's no brain drain. Such a concept is absurd on its face.
      --
      -- 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.
    26. Re:the patent problem is a bigger issue by MattW · · Score: 2

      This is a question you really must have anticipated in using an analogy of contracts. After all, BOTH sides must exchange some value to have a contract. It's the notion of consideration. It can be slight, but few are likely to agree to such a thing unless each finds it equitable.


      Copyright laws are merely an automatic contract. Let's assume there was no such law, and I wish to create content for a living. I believe that my music, stories, or whatever, are of such quality that people will pay be to possess a copy. I create a contract that stipulates: (1) I'll show this to you, and if you don't like it, you have to return or destroy this copy that I give you. (2) If you do like it, you can pay me for this copy, but you agree not to make other copies. People have to come get one from me, so I can make the money from it.

      If you don't agree to this contract, you don't get to view the work. If this contract was ubiquitous, you'd have to agree each time to preview something to buy it. I'm not 'forcing' you to not copy something -- I'm simply allowing you to enter into a contract to get access to my work, which you do not have the ability to view/hear/etc unless I grant it.

      The practical problem, of course, is that it would be difficult to enforce. Once you've sold 100 copies, when illegitimate ones show up, how do you know who made them?

      My point is that copyright is not some arbitrary thing created to encourage the creation of artistic works -- it is an expression of natural contracts. In the absense of the contract or the copyright, people would still create -- but the creation would not be as prolific, and many who might create things would find other work that guaranteed them pay, and we would all be worse off (if you believe that the lesser quantity of creation would mean we were worse off).

      The thing about such a contract is that it places no onus on the potential consumer -- you can preview, and if you don't want the content, you pay nothing for having seen it. But despite the fact that it is 'information', and must, as you put it, be revealed for you to know it, that revelation does not enable a copy. You can't make a copy of Star Wars just because I show it to you and you view it. If I sing you a song, you can't recreate my voice. I can show you a book, without you being able to retype it. You can do some of these things with devices, but I can not show you or sing or such if you have such a device.

      This is, as my original post pointed out, diametrically opposed to many patented things. If I say, "I have an idea where potential buyers can bid what they want to pay on things like plane tickets" -- well, I've just pretty much covered Pricelines "patent" on their business model. Our implementations of the idea may differ slightly, but the end result is the same. I wonder; what does it take for an idea simple enough to be expressed with a single sentence to be "non-obvious"? I think that the Priceline patent is for something that WAS obvious -- something that followed very naturally from the power of the Net, and even from typical auction sites.

      Obviously, some patents are not like this. Despite the basics of public key encryption being expressable in a paragraph, that doesn't make them obvious at the time of their invention. Discovering drugs is hardly obvious -- anyone can make new molecules, but researching their results on living things is painstakingly difficult.

      Still, many patents are for excruciatingly obvious "inventions", and they are the sort of thing where (1-click shopping, anyone?) they can be expressed trivially, and that mere expression does allow for a functionally perfect copy. That sort of information truly does want to be free -- it is the nature of its use that it produces perfect copies. Of course, that's the difference between art and science -- art is creation, ergo its subjective nature, whereas science is discovery, thus the way its revelation leads to duplication.

    27. Re:the patent problem is a bigger issue by Our+Man+In+Redmond · · Score: 1

      OK, now that I've read that, you're right, and we are on the same wavelength.

      The main issue with copyright and culture (in my opinion) is who benefits, and for how long. In the US it used to be that works entered the public domain a maximum of 56 years after they were published. Now if you want to make a derivative work based on Mickey Mouse, as I read the law, you have to wait for something like 60 years after the copyright holder (in this case the Walt Disney Corporation) dies. That inhibits culture rather than promotes it.

      Spider Robinson wrote an excellent story on the subject called "Elephant's Memory." His premise was that if copyrights last long enough, eventually enough stuff will be under copyright that it will be difficult if not impossible to create anything new without infringing on someone else's copyright. That's where I'm worried all this is heading.

      --
      Someone you trust is one of us.
    28. Re:the patent problem is a bigger issue by cpt+kangarooski · · Score: 2

      I've read the story ("Melancholy Elephants" is the title, actually). I liked it.

      I think you're basically right, though I'd make two comments. First, that the question of who benefits needs to be kept to deciding whether the copyright holder or the public benefit. While it _is_ important to decide who the author should be (see the recent work for hire issue in the music industry), this is not quite as high a priority for me. Especially since it will influence the public benefit, and thus perhaps be solved by looking at the problem from the public's perspective.

      And in truth, really this has been decided in favor of the public, what's needed now is to convince people that the goals of the system really are society-centric, rather than author-centric.

      The second issue is related to the term length, and is the matter of what the copyright should include. There's no reason to blithely assume that the public will be best served by a large copyright across the board.

      We should only draw within the confines of copyright protection those types of infringement that actually materially threaten the public interest. For example, it is arguable that non commercial copying is acceptable; that the harm caused by prohibiting it is more than the harm caused by letting it occur. Examples of what I wouldn't consider infringement might be to mandate publication of source code for software, non-commercial music trading, non-commercial derivative works, and the already-extant fair use, incidental copying of software, and backup copying of software. So we've even got a history of this.

      Reform's definately needed though. We've gone too far, and while I do not believe that we need to eliminate copyright at all -- the system still holds the promise of overall public benefit -- we could stand to reduce it so that we're certain that it _is_ clearly serving the public first and foremost.

      --
      -- 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.
    29. Re:the patent problem is a bigger issue by Our+Man+In+Redmond · · Score: 1

      "Melancholy Elephants." Ah, so it is, so it is. It even won a Hugo way back when I still though going to SF conventions was the thing to do, now that I look it up instead of trying to rely on my own all too human memory.

      --
      Someone you trust is one of us.
    30. Re:the patent problem is a bigger issue by drinkypoo · · Score: 2
      Copyrights do not work like this. You cannot claim rights for as trifling a thing as a creative work MERELY because you created it. (which as we've seen may not mean complete creation anyway)

      This is nonsense. Unless you outright put your work in the public domain, you are granted copyright over it (provided you can show some kind of proof that it's your work) for the current standard duration, which is somewhere between an eon and a coon's age.

      On the other hand, no one will defend your copyright for you, and it can be expensive. This is why we have this whole DMCA thing going on, to make it easier to defend copyright. Of course, it's for so-called evil purposes, but whatever.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  33. Chineese anyone? by mustangdavis · · Score: 1

    I agree that copyright law has gotten rediculous The article on /. about the eBay and the guy that pattened online auctions, even though that isn't totally a copyright issue, proves this to be true.

    If we're not careful, we won't be able to make a web pages because clear images and white space might get copyrighted, but at the same time ... look at China! The lack of copyright laws has their citizens copying and pirating software and other intillectual property faster than a dog can eat cheese! (I've witnessed this MANY times first hand by foreign grad students)

    We need to be realistic enough to promote research through rewarding individuals that come up with slick new ideas, but at the same time, be careful not to get so rediculous that people can run around releasing Blue Cap Linux and Falling Star Office (produced by Moon Macrosystems)

  34. Kame-Hame-HA! by Anonymous Coward · · Score: 0

    Kame....Hame....HAAHHHHHHHHHHHHHHHHHHH!
    Let's see your shoryuken stand up to that!!

  35. Piracy hurts adoption of Linux and Ogg Vorbis by Anonymous Coward · · Score: 0

    Nice troll, but somehow I don't think piracy of evil-eula software is helping the free software movement at all. If someone pirates a copy of Windows, why would they want to install Linux? Likewise, pirated music is not helping people switch to Ogg Vorbis at all. How do you re-encode music into Ogg format if you don't have the original CDs because you stole the music off the internet? You won't want to generate Oggs from MP3s for sure. That'd defeat the whole purpose of switching to Ogg in the first place: getting better sounding music with better compression ratios.

    1. Re:Piracy hurts adoption of Linux and Ogg Vorbis by ignorant_newbie · · Score: 1

      > Nice troll, but somehow I don't think piracy of
      >evil-eula software is helping the free software
      >movement at all. If someone pirates a copy of
      >Windows, why would they want to install Linux?

      umm... cause it's better? I have 2 operating systems installed on my company-issued Laptop, and i don't have to pay for either. Why do i choose to do everything in Linux that i can? because i like it better. Why do i choose to use Ogg instead of MP3? it sounds better. Sure, the (c) thing is nice, but for me it's the user experience that matters.

  36. I wish it was us... by dwlaw · · Score: 1

    Geez, I wish the donor would have considered giving to UNC-Law. Those dang Dookies!! The IP program here is way behind what it should be, that's for sure. Although, if the money did come here, odds are they'd use it for environmental law or something. :/ Dave ----------- 2L, UNC-Law

  37. Verizon? Is that you? by JohnDenver · · Score: 4, Interesting

    The latest buzz seems to be that the Telcoms and tech manufacturers are getting peeved with the MPAA and RIAA push to legislate thier industry (Hollings Bill, DMCA liability). The 20 billion dollar entertainment industry is trying to push around a 600 billion dollar tech industry.

    Simply put: Piracy is the killer app for Telcoms and consumer electronics industries, unless it's in the Telcoms and consumer electronics.

    My theory: I think the Telcoms and friends want to devalue the entertainment industry. They want the same exclusive content that AOL/Time Warner enjoys, but rather aquiring the content via an expensive merger, our friends would much rather buy all that content at commidity prices, or sign exclusive deals to act as the conduit to deliver music and entertainment at competitive prices.

    If you really want to figure out who's conspiring what. (1) You have to be realistic (2) You have to determine how it pays off

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  38. One million isn't much by nuggz · · Score: 3, Interesting

    I disagree, a million dollars is a good amount for some research.
    It isn't enough to fight anyone, but it is a good amount to pay a small staff to research the actual cost and benefits of copyrights.

    We really don't have clear data on how much work is impeded by copyright patent length, and how much worse it would be if it was lengthened.
    Nor do we know what effect shorter periods would have.

    So little is really known that we can't intelligently argue all that fairly about the cost and benefit to society.

    1. Re:One million isn't much by grumpygrodyguy · · Score: 1

      ...it is a good amount to pay a small staff to research the actual cost and benefits of copyrights.

      We really don't have clear data on how much work is impeded by copyright patent length, and how much worse it would be if it was lengthened.


      Right, but the express purpose of this grant is to advocate that the current IP/patent paradigm is negatively affecting the economy, and slowing technological progress.

      You're suggesting that a "scientific experiment" be conducted to measure the effects of "copyright patent length" etc...what happens if this experiment finds that the current copyright length is ok? Do you think the person who donated that 1M will be happy to hear that his/her money went towards refuting his/her assumption?

      This money is about fighting a war against the abuse of patent/copyright law, you cannot have well balanced scientific inquiry when the person funding you has already taken a stand on the issue. So the money will more likely go toward developing rhetoric, and legal argumentation to change the current system.

      I happen to agree, as do most of us I'm sure, that the current patent/copyright scheme is doing far more harm than good. But don't expect a "fair and balanced" evaluation of the effect of copyright law to result from this grant.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
  39. No, good news by Baki · · Score: 2

    Linux didn't succeed commercially because of the GPL, but in spite of.

    BSD could and would have done better, were it not for the License problems they were having with AT&T in the early 90's. This held them up a lot, and in the meantime Linux got the attention and popularity.

    1. Re:No, good news by jedidiah · · Score: 2

      As other people have noted: no one wants to contribute to shared infastructure just to have someone else use that effort against you. The GPL is actually PREFERABLE to the likes of IBM and Sun.

      The BSDL offers NO ADDED BENEFIT WHATSOEVER to those that might want to build commercial software on top of BSD or Linux.

      Your arguments are dependent on a very selective view of the available facts. The vast majority of copylefted "shared infastructure" infact accomodates commercial/proprietary software development.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:No, good news by Reziac · · Score: 2

      "Linux didn't succeed commercially because of the GPL, but in spite of."

      I'd like to see more (intelligent :) discussion of this viewpoint -- I agree, but my thoughts on the subject are an amorphous mass that defies being verbified.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  40. My guess is... Bill Gates by motek · · Score: 1

    That wouldn't be out of place, if you think about it.

    -m-

    --
    I would like to die like my grandfather did - sleeping. And not screaming in terror, like his passengers.
    1. Re:My guess is... Bill Gates by Matt+-+Duke+'05 · · Score: 1

      nah... when they donate to us they don't do it anonymously =)

      Melinda Gates is a Duke graduate (computer science/economics '86 and MBA '87) and also serves on the Board of Trustees. In 1998 they donated $20 million to Duke and then again, last May, they donated $35 million to us.

      I'd highly doubt they'd donate again anonymously, with a much smaller sum than in the past, and to a center whose primary goal goes against the core principals of Billy Boy's business model =)

      --
      -Matt
      Duke '05
    2. Re:My guess is... Bill Gates by motek · · Score: 1

      I'd highly doubt they'd donate again anonymously, with a much smaller sum than in the past, and to a center whose primary goal goes against the core principals of Billy Boy's business model =)


      Well, this is the part that would make it worthwhile. You know, just to maintain the insanity around at a reasonably high level...

      -m-

      --
      I would like to die like my grandfather did - sleeping. And not screaming in terror, like his passengers.
  41. Why this matters, and why it's mostly good by AAAWalrus · · Score: 5, Interesting

    Basically, you have a donor who "anonymously" threw $1 million at Duke to fund "advocacy and research" of battling copyright law expansion. Why this is good is hopefully apparent. It's basic economics of the new millenium.

    Basically, corporations believe that public knowledge of technology and processes is bad, because it's hard to make money off of something everyone can reproduce. This country is founded on democracy (good) but also has strong roots in free-market capitalism (mostly good). Making money is why we as a country are so well off, and people seek to maximize their money making. Public domain knowledge of technology and processes reduces the chance to make money because people will pay you more for something that only *you* can make, hence putting a premium on innovative AND proprietary information.

    Lawmakers in a capitalist society are easily swayed by the corporations with their lobbying and donations, making it possible to influence law in their favor. In this case, copyright law, when expanded, better protects the information of corporations, making it harder for technology and processes to come into the public domain. In a society where money is so valued, any chance to make money by the corporations is often countered by ways to save money by the consumers.

    We as consumers would love to see copyright law weakened rather than expanded because it increases the potential to save money. Also, there is a certain ideology in promoting the free sharing of thought, ideas, and technology for the betterment of society. So when someone donates money to the cause of actively opposing copyright law expansion, it serves to benefit us (the consumers).

    But the real question is this: Why would someone do this? Certainly someone with a cool million lying around did something to make that money. What is to be gained by an individual donating that much money to a cause that has its roots in opposing the big corporation and "the man"? Likely, it isn't because it was just philosophically the "right thing to do".

    -AAAWalrus

    1. Re:Why this matters, and why it's mostly good by shrikel · · Score: 1
      Likely, it isn't because it was just philosophically the "right thing to do".

      Why not? Can't there be true philanthropists anymore? Is altruism against human nature? Or are you arguing that anybody who actually has a million dollars to spare must be greedy?

      --
      Any sufficiently simple magic can be passed off as mere advanced technology.
    2. Re:Why this matters, and why it's mostly good by gosand · · Score: 2
      But the real question is this: Why would someone do this? Certainly someone with a cool million lying around did something to make that money. What is to be gained by an individual donating that much money to a cause that has its roots in opposing the big corporation and "the man"? Likely, it isn't because it was just philosophically the "right thing to do".

      I think the key is that to some people, a million dollars is not as much money as it is to you or me. And you have to wonder if this can be written off. I mean, it says the donation was anonymous, but that could very well mean that the university agreed to keep it anonymous. They could have written a receipt for it as an educational donation, and the donor could write it off as charity. The university may know who donated it, but agreed to keep it secret. Obviously there were specific things that this money was intended for, so there could have been stipulations with the donation.

      I like the fact that someone is trying to do some good with the money, but you really have to wonder how far $1 million will go against all of the mega-millions that companies have invested in building copyright law.

      A million dollars is a lot to you, me, and the university, but it probably isn't much to a Senator. ;)

      --

      My beliefs do not require that you agree with them.

    3. Re:Why this matters, and why it's mostly good by skin_job · · Score: 1

      Excellent points, but I don't see the same considerate methodology in the last section of your post.

      It's not so much that a donation like that implies a want to get rid of "the man," but rather as a contribution towards maintaining "fair" business practices and preventing monopolistic practices.

      Take one of the previous headliners as an example: One man wants to take a standard concept (auctions on Ebay and other sites) recieve a patent for it under another situation (the fact that it is done online). I may be missing some points that lean the case more in his favor, but What if I had patented the concept of a multi-chain convenience store? Then any two (or more)companies that get together would have to pay royalties to me for simply putting it down on paper first.

      This is a VERY simple example, but it's a simple, clear-cut issue. The aggressive use of patents and intellectual property lawsuits in generic situations have prevented others from entering competition. I don't know about you, but this seems like an extremely negative trend that can lead only to monopolistic situations.

      --
      Fine! You don't have to yell at me! But do repeat what you just said though because something's going on in my head.
    4. Re:Why this matters, and why it's mostly good by grumpygrodyguy · · Score: 2, Insightful

      But the real question is this: Why would someone do this? Certainly someone with a cool million lying around did something to make that money. What is to be gained by an individual donating that much money to a cause that has its roots in opposing the big corporation and "the man"? Likely, it isn't because it was just philosophically the "right thing to do".

      This happens all the time, when Joe Rich Guy donates 1M to Greenpeace, he can use it as a tax deduction. Same thing here.

      So no, it's not pure philanthropy...it's using money that would have gone to the government to further a personal cause.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    5. Re:Why this matters, and why it's mostly good by Glog · · Score: 1

      1. Guilt
      2. Altruism
      3. Pure idealism

    6. Re:Why this matters, and why it's mostly good by Anonymous Coward · · Score: 0

      This country is founded on democracy (good) but also has strong roots in free-market capitalism (mostly good). Making money is why we as a country are so well off...

      Actually, "we as a country" are as well of as "we" are because of labor movements and other populist causes. Free-market capitalism, left to itself, would have been happy enough keeping the vast majority of the population working poor, never creating a middle class. "Mostly good" gives it too much credit.

      I mostly agreed with what you said, anyway. Copyright law is failing to serve the interests of the society which created it. It's taking less and less pessimism to say the same about the government in general. But I digress. I just felt the need to complain about how too few people appreciate what Labor Day (it was Monday, remember?) is supposed to be about.


      meh.

    7. Re:Why this matters, and why it's mostly good by Ninja+Programmer · · Score: 1

      But the real question is this: Why would someone do this? Certainly someone with a cool million lying around did something to make that money. What is to be gained by an individual donating that much money to a cause that has its roots in opposing the big corporation and "the man"? Likely, it isn't because it was just philosophically the "right thing to do".
      No. Its because, as has been pointed out, there are corporate interested backing the other side. The real question is -- why throw the $1mil now? Because right *now* the telecom industry is waking up to the fact that they need to protect consumers freedom to use their technology otherwise it will weaken the demand for their technology.

      We finally have an ally (hardly an ideal choice, but they are big and influential) -- it is the telecom industry.
  42. moron! by Anonymous Coward · · Score: 0

    Some anonymous donor donates $1million to try and stop the proliferation of anti-violence law.

    Your analogy is idiotic. What if this "anti-violence law" was becoming as ridiculous as copyright law? They would be putting people in prison for owning or selling potential weapons like screwdrivers.

    Do people not understand that the law is there to protect them?

    You are confusing what is supposed to be with what is. Creationists fail to make this distinction when they argue that belief in evolution means you have to support eugenics.

    1. Re:moron! by mkldev · · Score: 1


      A good counter-example would be a million dollar donation to overturn an anti-gang law, one of those that defines a gang go be any group of three or more people under 21 out after 8 p.m. Most of us would probably agree that such laws should be overturned even if you couch it as an "anti-violence" law.

      --
      120 character sigs suck. Make it 250.
  43. Yes...and in related news... by fireboy1919 · · Score: 4, Funny

    In a surprise announcement, the Republican National Committee has revealed it is bankrupt! A spokesman for the party said they had plenty of money in their accounts last week, but today they just don't know where the money has gone. But not everybody's going begging. Amnesty International, Greenpeace, and the United Negro College Fund announced record earnings this week, due mostly to large, anonymous donations.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
    1. Re:Yes...and in related news... by Hi_2k · · Score: 1

      LOL! I loved sneakers...

      On a more serious note, this is the kind of thing we need to prevent 1984 and rollerball from happening. He also coulda bombed redmond, that would help too.

      --
      When life gives you crap, Make Crapade.
      Sluggy Freelance.
    2. Re:Yes...and in related news... by cpt+kangarooski · · Score: 1

      What's really funny about that is that provided that they accepted cash donations in good faith, the recipients do not have to pay back the money.

      The sneakers would be in deep shit if found out, but the charities are a-ok.

      Thus is the super-negotiability of cash. Tremble in its presence!

      --
      -- 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.
    3. Re:Yes...and in related news... by cosmosis · · Score: 2

      I always loved that line - it made the whole movie 'Sneakers' just hilarious. Too bad we don't hear about stuff like this in real life,

      "Today the RIAA and MPAA found themselves bankrupt, and filing for chapter 7. But not everyone is going hungry, the EFF and ACLU received record donations this last week".

    4. Re:Yes...and in related news... by Oculus+Habent · · Score: 2

      It's too late, they are both available on video.

      I don't mind 1984 so much as Rollerball, though.
      --
      You may call me Siggy.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    5. Re:Yes...and in related news... by idontneedanickname · · Score: 1

      realy? this reminds me of a movie I once saw... can't remember what though, proly just imaganing it....

  44. Re:mechanics of anonymous million dollar transfers by totallygeek · · Score: 4, Informative
    .

    Anyone know how the anonymous transfer of a million dollars happens?


    Usually the benefactor pays a legal firm with a cashier's check and the legal firm pays the university. The university to be sure that all is legitimate can ask who the benefactor is, but will need to sign non-disclosure agreements before they can find out. These agreements give the law firm the ability to sue the school if they leak the information (usually for more than the initial investment).

  45. my 2 cents by AresTheImpaler · · Score: 1
    an anonymous gift of $1 million

    I was going to say something important, but my 2 cents are now worthless...

  46. the donation was in the name of.... by feldkamp · · Score: 0, Redundant

    some nerdy guy named Gilliam Wates. Hmmm...

  47. How very odd. by nukeade · · Score: 2, Interesting

    Hmm, a well known law school gets a large anonymous donation to fight our awful IP laws so shortly after eBay gets into trouble with a very vague and questionable patent.

    What strange timing. I wonder if one of those fresh out of school lawyers will be taking up eBay's case at a significant discount. I wonder how much cheaper one of these lawyers is than a more expens... I mean experienced lawyer.

    ~Ben

    1. Re:How very odd. by Mac+Degger · · Score: 1

      It's just a shame that the money is for research concerning copyright, not patent law.

      --
      -- Waht? Tehr's a preveiw buottn?
    2. Re:How very odd. by grumpygrodyguy · · Score: 1

      Gotta start somewhere...besides the "softer" the technology being patented(like music and software, as opposed to a new combustion engine), the more harmful long term IP terms are.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
  48. Little late on this one slashdot. by Uttles · · Score: 1, Offtopic

    I submitted this story, as well as posted it on my slash site, around 10 AM

    Article on EDUSlash

    --

    ~ now you know
  49. Value of research by nuggz · · Score: 5, Insightful

    I think the purpose is being missed.
    This isn't being used to fight of lobby bad laws.

    It is to try and find out what is good and bad about the existing laws.
    We don't know the cost benefit curve for copyright length, they are going to try and define it.
    (yes, that is a simplification)

    Many "content creators" want infinite copyrights, to milk out as much as possible.
    Many "content consumers" want short copyrights to copy and create derivative works for little or no cost. (that isn't the only reason)

    At some point the time is long enough to have benefit for "creators" and short enough for "consumers" that both sides can be "happy". They are trying to find out what that point is.

    1. Re:Value of research by Zordak · · Score: 1
      Many "content creators" want infinite copyrights, to milk out as much as possible.
      I don't know if I agree with that. I think it's the Content Distributors who want infinite copyright. If I write a book, do I really care if it's still making money after I'm dead? Probably not. In fact, there is a certain amount of prestige associated with being a "classic" that anybody can download off of Project Gutenburg and read and study. The maximum reasonable term for copyright as far as benefitting the actual creator is as long as he is living or he has living dependents who rely upon revenues from his work for income (i.e., If I died an early death, but I still had my wife and kids who were in college or something, I would want them to be able to get some financial benefit from my work). The only people that are still benefitting from your copyright 75 years after you die (which is when your copyright expires) are the content distributors, who had nothing to do with creating the work, but still get to milk the old cash cow for decades.
      --

      Today's Sesame Street was brought to you by the number e.
  50. Re:Verizon? Is that you? by AAAWalrus · · Score: 1

    I dunno about anyone else, but I don't understand what you just said. Telecommunications companies trying to "devalue the entertainment industry"? Why? What "exclusive content"? What does this have to do with copyright law?

    You've made my brain hurt with your conspiracy mumbo jumbo.

  51. Socialist crap by ToasterTester · · Score: 2

    What's wrong with choice. If you are you company wants to donate its work then that is your choice. But is someone or some company wants to retain ownership of their work that is their right. Monetary gain has been the mother of invention, always has and always will. Look at socialist countries even they reward their creative people with a higher standard of living than others. Sure there are some people who aren't out for financial gain who just want to help, but few. Just think about all the things in life you enjoy and most exist because at some time someone or company made money creating it. Even if they only made enough money to pay their bills to allow them to continue creating.

    Don't try to legislate altruism, leave it to choice.

    1. Re:Socialist crap by adb · · Score: 4, Insightful

      In what way is limiting the scope of a government-granted monopoly "legislating altruism"?

    2. Re:Socialist crap by Anonymous Coward · · Score: 0
      But is [sic]someone or some company wants to retain ownership of their work that is their right.

      If we're talking about physical objects, you're right on target. If we're talking about ideas, you're a fool (and the level of literacy you display suggests the latter [1][2]).

      Using and reusing the ideas of others is part of what makes us human. Anything which hinders that is terribly destructive of human society.

      The US has for many years allowed creators of ideas temporary monopolies to encourage the creation of new ideas. That is plainly NOT what our current copyright system accomplishes. Copyright was a Faustian bargain in the beginning, and it looks as if it has gone the way bargains with the devil always do: the devil gets it all, and we (the individuals who make up society) get nothing.

      Don't try to legislate altruism, leave it to choice.

      A wonderful slogan. It does seem to sum up your rant. The original story was about someone who freely decided to donate money to what he saw as the public good, to combat the abuses of our current copyright system (see my second and third paragraphs). What does ``Don't try to legislate altruism, leave it to choice.'' have to do with that?

      [1] This guy is plainly American; foreigners who speak English as a second language are generally far better educated.

      [2] A bit of advice to the fellow I'm replying to: if you want important people to take you seriously, learn to speak their language.

    3. Re:Socialist crap by Jobe_br · · Score: 1

      If you want the system to work, you'll need to reform a few things. For example, the RIAA fixes the prices on CDs. The MPAA must do something to keep the prices constant for going to the movies - here in Madison it costs between $9 and $12 to go to a non-matinee movie. And that's for *every* movie ... doesn't matter if the movie is good or bad, adult or child - fixed price.

      These types of things provide certain industries with monopoly control. When an industry with monopoly control also controls copyright and other IP law, you're in a world of hurt. And the actual corporations would be in as much of a world of hurt as we would be, in the long run. If someone sat down to think about it (like Jack Valenti, for instance) - they might take a different stance.

    4. Re:Socialist crap by spitzak · · Score: 2

      In case you didn't notice, Patents and Copyrights are enforced by the *government*. They are not a natural effect of free markets and they are as Socialist as they come.

    5. Re:Socialist crap by debest · · Score: 1

      Just think about all the things in life you enjoy and most exist because at some time someone or company made money creating it.

      This is exactly the issue. Not many people here at /. really want to see all copyright/patent laws thrown into the crapper. What rankles everyone here is that here, in an age where the advancement of technology and culture is expanding faster than at any time in history, we have information that is devalued and commoditized very, very quickly. However, the rights of users is getting more restricted while the copyright is in force, and the time it takes for the people to freely benefit (copyright expires) is getting *longer*, not shorter.

      The way the laws are heading, "the things in life I enjoy" will be under the thumb and benefiting its "creators" (ha!) generations after the actual artists who created the work are dead. Are you saying that copyright laws are being improved so that dead artists will be encouraged to create?

      The anonymous donation is not to advocate repealing these concepts of law, but rather to reign in the unnecessary expansion of these laws.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  52. Simple! by Eric_Cartman_South_P · · Score: 2
    I gave them a Tux stuffed with 100's.

  53. even if they are 'Anonymous Cowards.' by Anonymous Coward · · Score: 0

    Hey, I'll kick your ass for that comment!

  54. Listen up, trollbait by HotNeedleOfInquiry · · Score: 1

    It's time you learned the difference between laws that protect individuals and laws that protect fatcat status quo pigopolist corporations.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:Listen up, trollbait by Anonymous Coward · · Score: 0

      "It's time you learned the difference between laws that protect individuals and laws that protect fatcat status quo pigopolist corporations."

      "Unfortunately, I'm low on time so you'll just have to figure that out on your own."

  55. a trolling we will go by machine+of+god · · Score: 1

    This seems to me to be on topic... There was a question as to who did it (albeit a stupid one). Perhaps it was just too subtle for a certain moderator? (Yeah that was sarcasm, get it?) If someone posts a troll in the woods, are they still wrong?

  56. Not be too paranoid .... by sunwukong · · Score: 1

    .... but an ineffective opposition is great PR for an industry group trying to win hearts and minds of the public.

  57. Finally something to slow down the reactionaries by sielwolf · · Score: 2
    It's good to know that we have some well-funded idealists on our side

    I'm glad too but for a much different reason. This is a perfect exemple that shows the issue of economic rights is not a "Good" and "Bad" issue with "po'folks" on one side and "rich folks" on the other.

    Such moral absolutism is counterproductive in the worst way... especially for us in the IT world where the living is pretty good. So often I've heard people imply that "making money" and "doing what's right" are polar opposites. Like the Anarchists who would destroy every SUV they saw in the name of skater-justice. Constructive solutions are the way to go. And thinking reasonably about your world is the first step to finding them.
    --
    What is music when you despise all sound?
  58. Whither EFF? by John+Miles · · Score: 2

    It's interesting that this gift went to a particular university's law school rather than to a grassroots organization such as the Electronic Frontier Foundation. I wonder if it could be interpreted as a vote of no confidence in the EFF after their attorneys' recent losses in cases like Universal Studios versus 2600 Magazine?

    It's true that the EFF hasn't been batting 1.000 lately, but I've never even heard of the "Center for the Study of the Public Domain." Their web site talks only about "...hiring new faculty, creating new courses, setting up Internet Journals and creating new Fellowship Programs." Anyone know what cases they've actually participated in, if any? And for which side?

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    1. Re:Whither EFF? by bluGill · · Score: 1

      Never heard of the "Center for the Study oif the Public Domain"? Perhaps you should start spending more time in the "Your rights Online" section. Not all the good stories are posted to the main page. Read the stories, follow the links. Write your represenitives. Keep an eye on what other countries are doing (lest yours follow in their failings).

      I have personally heard of the center for study of the public domain. I also follow all the YRO stories, and read the links. I buy books that cover copyrights. Sure they are not a well known name, but if you haven't heard of them, it is your own fault.

      Mind you, there is a difference between not hearing of something, and not being sure they are doing something useful.

  59. Yes, the GPL plays a role by Duderstadt · · Score: 1
    I mean, really, can you honestly say, with a straight face, that IBM and HP put money into Linux *because* it was GPLd?

    Yes.

    IBM and HP are hardware and service companies. AIX and HP-UX were just what happened to come in the box with one of their machines - aside from driving hardware, they were unimportant. So why go with Linux?

    Microsoft Windows NT Server versions 4.0, 5.0, 5.1. and Sun Solaris

    IBM has already faced MS in a software showdown (OS/2 vs NT), and they were trashed soundly. (IBM never could get OS/2 ver. 2 - 32 bit - to run as fast as OS/2 ver. 1.x). HP doesn't even want to try. So they have adopted Linux, using open source as a devolopment arm to compete with MS. The GPL removes competition.

    ie, The copyleft portion of the GPL gives IBM and HP a form of security - no one will have a better Linux core than they will. And they no longer need to expend the effort to compete with MS and Sun in the OS arena - they have an army of OSS developers to do that for them.

    1. Re:Yes, the GPL plays a role by Anonymous Coward · · Score: 0

      IBM a hardware company? Ok, they have lots of hardware, but do you have the faintest idea of how much software they develop? _ALOT_
      And they also have alot opensource(well, not sure if their license is OSS "compatible" though) software, most are NOT GPL though.

    2. Re:Yes, the GPL plays a role by Geezle2 · · Score: 1
      IBM has already faced MS in a software showdown (OS/2 vs NT), and they were trashed soundly. (IBM never could get OS/2 ver. 2 - 32 bit - to run as fast as OS/2 ver. 1.x). HP doesn't even want to try. So they have adopted Linux, using open source as a devolopment arm to compete with MS. The GPL removes competition.

      Well, actually OS/2 ver 2.x does run substantially faster than ver 1.x. . .on modern hardware. Yes, on a i286 class machine, OS/2 v1.x will outrun its 32 bit offspring. The reasons, however, should be self evident.

      What I find annoying here is that you seem to be implying that IBM lost the "showdown" with Microsoft because OS/2 is slower than NT(2k,XP, what have you) or less technically capable. This is just not true (The PC Week comparison of NT and Warp Server in April of `96 where OS/2 running on one processor blew the doors off NT running on four comes to mind).

      To my knowledge, Microsoft has never trashed anyone, soundly or otherwise, with the merits of their technology. OS/2 has always (and still does, BTW) run faster and more reliably than NT on the same hardware.

      Microsoft did not "trash" IBM in the quest for the desktop through legal and fair competition. Some of the illegal and anticompetitive methods that M$ employed are now, in fact, part of the public record. Real competiton in a free marketplace where product stand on their merits can only help OS/2.

      This brings me to your comment that "The GPL removes competition". This is ludicrous. There is nothing about the GPL that makes it impossible for Microsoft to try to code a better product than Linux. The GPL just pulls some of Microsoft's illegal teeth. . .makes it more difficult for them to employ their prefered anticompetitive practices. . .In fact, in a market dominated by a monopoly that achieved its position illegally, the GPL, through Linux, actually introduces some competitive forces!

      You are correct when you point out that IBM is in the business of selling hardware and service. To IBM the software is just something that helps to sell the hardware. Given Microsoft's history and their monopoly status, if IBM (or IBM's customers) wants to use an OS other than the M$ offerings for their low end and light weight systems then IBM must find an alternative that M$ cannot control, pervert or destroy. The GPL is one aspect of Linux that contributes to its Teflon-like Microsoft-proofing.

      IBM likes Linux because it does what they need it to do and because, due in part to the nature of the GPL, they don't have to worry about it falling victim to Microsoft's evil ways.

  60. Commercials are for selling Beer by JohnDenver · · Score: 2

    If you want to influence politicians.

    1. Support thier campaign - $$$
    2. Give them a good arguments/rhetoric to support your cause.
    3. Give them voters

    This money is going towards reason #2 (education/rhetoric). You may or may not know, but the Telcoms and tech industry is on *our* side (file sharing is the killer app of telcom and consumer electronics industries), and they have already started lobbying against the MPAA's and RIAA's Hollings and P2P Hacking bills.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  61. Sounds great =) by Matt+-+Duke+'05 · · Score: 4, Interesting

    For anyone who's interested, the law school's website has a press release with a little bit more information than was mentioned in the C|Net article. It is great to see that some people (esp. the lawyers!) can see the harm that is being done by our outdated system of intellectual property laws.

    Even at the undergrad level, it seems that Duke has taken an interest in the subject. This year, for the first time ever, the CS department is offering a course that I'm currently enrolled in whose primary focus is intellectual property issues. It's panning out to be a pretty cool course, and is actually the only CS course I've taken thus far that doesn't involve any coding.

    I think more CS departments should offer curriculum like this, since we (the techies) have a unique perspective on the issues, because we are the ones opening the public's eyes to the fact that our system of intellectual property law needs to be completely revamped.

    If anyone out there has an interest in the topic, I'd highly reccommend reading John Barlow's The Economy of Ideas as a starting point.

    --
    -Matt
    Duke '05
    1. Re:Sounds great =) by Jobe_br · · Score: 1

      I've forwarded your comment to the head of the CS dept. at Rose-Hulman Institute of Technology, my alma mater. Thanks for the info!

    2. Re:Sounds great =) by luge · · Score: 2

      You're taking that course from Astrachan? You're a lucky kid- value every damn moment of it. He's as good a prof as you're ever going to have, anywhere.

      --

      IAAL,BIANLY

    3. Re:Sounds great =) by qwerpoiu · · Score: 1

      intellectual property


      Ack, please don't use that word!

      It lumps together copyright, patents, trademarks, and more, which are completly different.

      In addition, it creates an analogy to physical property, which, unlike ideas, is scarce.
      After all, "A candle loses nothing by lighting others"

      Please don't use this propagandaish term. If you're talking about copyright law, say copyrights. If patent law, say patents.
    4. Re:Sounds great =) by Turmio · · Score: 3, Informative

      Telecommunications software and multimedia laboratory of my school, Helsinki University of Technology organized this this kind of course back in year 1999. It was the first and the last time it was organized. The reason why they removed it, that I don't know. Maybe subject wasn't sexy enough back then. But it's a real shame I have no possibility to attend a course like that. Actually, maybe I hold a petition among friends and mail the professor who lead the '99 course and request the course to be added to selection :) Actually, the homepage of the course is still online (in Finnish) as is the course material which is partly in English. Material covers corresponding EU directives and Finnish national legislation.

    5. Re:Sounds great =) by Zigg · · Score: 2

      "A candle loses nothing by lighting others"



      To be strictly pedantic... you could smother a candle's flame with a thousand other candles' wicks, all at once. Actually, I've done it with far fewer than a thousand. I enjoy playing with fire. :-)

  62. BAD MODERATION of PARENT... by Anonvmous+Coward · · Score: 1, Offtopic

    Parent post was intended as a JOKE, not a troll. Reread it. I'm poking a little fun at the tendancy of some AC's to trick people into viewing that stupid goatse pic. I hardly think somebody's going to read my post and go "What a jerk!! I better argue with him!"

  63. Dear Sir or Madam by Featureless · · Score: 2

    Wherever you are, thank you. You have my profound gratitude, and the debt of a nation.

    Now if only someone would put a million dollars into reforming our wheezing, corrupt implementation of the democratic process, so that million dollar donations like this one wouldn't be necessary.

  64. IP will soon be matter of life or death by Anonymous Coward · · Score: 2, Insightful

    Please remember that after the "fun" music&dance Intellectual Property fight of the 0's, we are likely to get the "less fun" IP fights over new and improved DNA sequences that may make you die (or not) of hunger, or whatever else.
    *This* is what has to be said to wake the general public up.

  65. Obviously Bill Gates by Anonymous Coward · · Score: 0

    Once he is forced to release all his source code, every patent-holder in the industry will have a valid legal case against M$.

  66. How do you know it's not a She? by Anonymous Coward · · Score: 0

    I wish rock stars would wake up to the traps they RIAA has them in and send money to law schools to free themselves....

    1. Re:How do you know it's not a She? by rtbraun · · Score: 1

      Good point... how many people are aware that Melinda Gates went to school at Duke?

  67. do your part by Anonymous Coward · · Score: 1

    If everyone on slashdot placed a link from affero in their email signature the amount of money we could raise would really help. Why doesn't everyone do it? They have a system that seems to work.

    Here is the sign up link. Give to the EFF we need it.

    http://svcs.affero.net/join.php

  68. this will probably (realistically) be used for pat by luge · · Score: 2

    Given that Duke's IP department is heavily interested in patent law as well as copyright, I'd guess that a lot of this money will be spent on research that is relevant to both copyright and patent. See, for example, some of the papers from their conference on the public domain, including the ones on biopharmaceutical patents. They are not dumb people, in other words- they're just as well aware of the dangers of patents as you are. :)

    --

    IAAL,BIANLY

  69. Re:Verizon? Is that you? by Anonvmous+Coward · · Score: 2

    "Piracy is the killer app for Telcoms and consumer electronics industries, unless it's in the Telcoms and consumer electronics."

    If that were true, then how come the video game industry is thriving?

    The Game Industry is not very far from the Entertainment Industry. They'd co-exist on a venn diagram with the *AA on one side and the Telcom/IT Industry on the other. If piracy was as destructive as they say, then the PC video game market wouldn't exist.

    My personal theory is that the *AA has a monopolistic business model that earns them ridiculous amounts of money. With the internet, now they have to be fair like everybody else. Suddenly, it's not acceptable to say "You cannot return an opened CD" anymore. They'll have to *gasp* understand what customers want and give them the opportunity to decide "I really don't want that afterall."

  70. Re:Verizon? Is that you? by Eccles · · Score: 1

    I dunno about anyone else, but I don't understand what you just said.

    I think his theory is that the anonymous donor may be a corporation (or a high-level executive) in the telecom industry, who sees this $1 million as a cheap way to try and get the value of IP reduced. (The MPAA, RIAA et al are trying to get stronger laws to protect their IP and thus their profit margin.) If Napster was legal, the total value of copyrighted music goes down, and telecoms can pay less to buy IP to distribute over their networks.

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  71. $1 million by Loki_1929 · · Score: 3, Insightful

    Wasn't that the price of a 30-second commercial during the last couple years of Seinfeld?

    As nice as this is, a million dollars just isn't going to cut it against Big Media. Until we make this a national policy issue, one where actual numbers of voters are involved, we're pretty much screwed. Until then though, I suppose a million bucks can fund some studies and research to strengthen our position from a logical standpoint once the public realizes that they're being screwed.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    1. Re:$1 million by Glog · · Score: 1

      I disagree - others have posted a number of reasons why a million bucks actually mean something. And then there is the precedent that this sets. Once a movement gains momentum other donations are sure to follow.

    2. Re:$1 million by msouth · · Score: 2

      in an interest-bearling account this could have one person working on this problem indefinitely. One person can do a lot with infinite time. (Of course the bad guys will still be working on it, and we'll be paying them to by buying DVDs of stuff we apparently can't live without, so maybe it won't be enough...)

      --
      Liberty uber alles.
    3. Re:$1 million by Puk · · Score: 2

      I dunno. It only takes about $280,000 to buy a senator.

      -Puk

  72. *cough* SHAMELESS PLUG *cough* by PetiePooo · · Score: 1

    Err.. pardon me.

    1. Re:*cough* SHAMELESS PLUG *cough* by Uttles · · Score: 1

      Well it was a shameless plug, but yet again I submitted the story, and in better english, a LOT earlier than it was posted, yet I was rejected after about 5 minutes. So I put it on my site, and then I see it come up on slashdot in the afternoon, so, basically, I was just pissed.

      --

      ~ now you know
  73. Aint Democracy Wonderful by serutan · · Score: 3, Interesting

    Now with some big money in play, maybe the anti-copyright forces have a chance after all. I just love American government -- of the people, by the people, for the people.

    1. Re:Aint Democracy Wonderful by haaz · · Score: 2

      How many people can throw $1 million at something? No one I know can do that. Throwing a big lump of money at something is not democracy.

      BTW, I'm all for restraining out-of-control copyright law, and grateful that we now have a significant chunk of change. But it is not democratic for one person to affect something. If we were really in a democracy, we would have been able to more directly have a say in this before things like the DMCA and SSSCA crept in to existence. And technically, we did -- our senators and representatives are supposed to represent us, but often times, they represent the corporations (and a few individuals) who give them -- or more likely, their party -- campaign contributions.

      For the RIAA to buy off a senator (i.e. Hollings) makes the government into of a plutocracy -- rule by the rich. And so much of it is what I call a petrolcracy - he who controls the oil controls much more. But I digress...

      Oh, last: that $1M didn't go to the American government. Duke Univ. law school != the American government. Neither of which are democratic.

      --
      -- haaz.
    2. Re:Aint Democracy Wonderful by serutan · · Score: 2

      DUH !!
      It was sarcasm.

  74. Copyright for $.37 by MmmmJoel · · Score: 2, Informative

    Blah, print out a copy and mail it to yourself. The Post Office's stamp is all the proof you need (assuming you don't open it and seal it well). I heard it referred to as the "starving musician's copyright."

    1. Re:Copyright for $.37 by glenmark · · Score: 2

      Sorry. Not nearly as effective as an actual copyright registration, and inadmissible in court. Too easy to steam open an envelope, change contents, and re-seal it. (I'm not a lawyer, but this is what I've been told by someone who is.)

      --
      *** Quantum Mechanics: The Dreams of Which Stuff is Made ***
  75. MODERATORS ARE FUCKING STUPID! by Anonymous Coward · · Score: 0

    WTF did you mod that guy down? It was HILARIOUS! I wouldn't mind, but you also modded down the explanation of what his post meant as offtopic! How can he be off topic when he's explaining the meaning of his post?

    i hope theres a moderator decent enough to fix the dude's post.

  76. (Problem with new lawyers) Re:mystery donor? by phorm · · Score: 1

    Hiring fresh lawyers, and especially ones looking to "make a name for him/herself" isn't always such a great idea. Fresh lawyers sometimes tend like to go to court, they like big cases, and whatever else will get them a little bit of fame.

    A little money over a long period of time can be a lot of money...

  77. Anonymous? Bah.... by MmmmJoel · · Score: 0

    He just wanted front-row basketball season tickets and asked for his name to be kept in secret so all his buddies wouldn't bother him for a seat....

  78. Re:mechanics of anonymous million dollar transfers by NeoSkandranon · · Score: 2

    Usually the benefactor pays a legal firm with a cashier's check and the legal firm pays the university.

    Cashier's check for a million bucks? Uhh...somehow i dont think you can buy those at the local supermarket

    --
    If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
  79. Re:mechanics of anonymous million dollar transfers by bwt · · Score: 2

    One method: You hire an attourney, give the money to them with instructions what to do with it, how to report back to you, and instructions not to reveal your identity. If they do reveal your identity, they are violating attourney client priviledge and you can file a grievance and they will get disbarred. You can probably also sue them for malpractice and recover the original money. This only works if the activity is legal, of course.

  80. Re:mechanics of anonymous million dollar transfers by Jobe_br · · Score: 1

    Read the article - it says that the university is not devulging any aspects of the person's identity at their request. So, they know - they just aren't telling anyone. It really isn't that hard.

    The donation is anonymous for us, not for the university.

  81. Meaning by nuggz · · Score: 2

    I want my children to benefit from my work, even after I die.

    when I said "content creator" I was meaning the general group of creators editors distributers and stuff.

    1. Re:Meaning by Zordak · · Score: 1

      Re-read my post. I would want my wife to benefit from my work as long as she's alive. I'd want my kids to benefit from it as long as they are legal dependents (i.e., "if they were in college or something"). Once they're adults and move out of the house and start their own families, they can make their own money and I have no social obligation to continue supporting them. If I could re-write the copyright law, it would state that the copyright is in effect (meaning the creator or his beneficiaries will continue to get a royalty from it) as long as the creator is alive or has living legal dependents. There's no need for my kids to keep getting royalties from a book I wrote after they get married and have kids of their own. Where I disagree is in grouping content creators with content distributors. The constitutional clause that is the basis of copyright law specifically states that it is to encourage useful arts and sciences by granting to the creator a limited-time monopoly. It is not intended to guarantee profit to a corporation, which may have nothing to do with the actual creation of the work, for upwards of a century.

      --

      Today's Sesame Street was brought to you by the number e.
    2. Re:Meaning by Zigg · · Score: 2

      I think the whole idea of tying copyright to an authors' life is quite silly indeed.

      I see absolutely nothing wrong with a fixed time period, i.e. 10 years. If you croak on day three, you can will your copyrights to whomever you wish.

    3. Re:Meaning by Zordak · · Score: 1
      I think the whole idea of tying copyright to an authors' life is quite silly indeed.
      If the intent is to motivate people to create works, it's not necessarily silly. If I know that creating that "killer app/technology/art work" will provide a good living for me and my dependents as long as either I am alive or I have living dependents, it provides maximum incentive for me to create. Extending that copyright to allow a corp. to milk my cash cow for 75 years after my death does not provide any substantial additional motivation. If it did, there might actually be a case for it. As it is, it's just a bad law written directly by corporate interests.
      --

      Today's Sesame Street was brought to you by the number e.
    4. Re:Meaning by Zigg · · Score: 2

      I agree providing an incentive for creation is good, but I also believe that providing "maximum incentive" constitutes a tremendous disservice to the public.

      Instead, I would expect that the benefits to the author of a copyrighted work would be much more in-line with work in a traditional industry. I think it's crazy that people still get paid for work they did decades ago. The rest of us have to keep producing value in order to get paid. Copyright holders should too.

  82. What's More Important ... by Anonymous Coward · · Score: 0
    I find the most important news in the C|Net article is in the last paragraph:

    On Thursday, the National Academy of Sciences is convening a two-day conference in Washington titled, "The Role of Scientific and Technical Data and Information in the Public Domain." The link provided is here.

    It's more important than a $1M donation because both the Congressional and Executive branches really listen to what the NAS has to say on any given matter. It's also nice to note that the speakers at the conference include Bruce Perens.

  83. Anonymous Coward? by Smertrios · · Score: 1

    Maybe it is someone that would be black balled if the industry found out they had done this.

    --
    There are two major products that come out of Berkeley: LSD and BSD. We don't believe this to be a coincidence.
  84. Plan of Action by SkewlD00d · · Score: 2
    1. Revamp the TPO
    2. Kill the DMCA
    3. Break up the MPAA, RIAA, etc.
    --
    The biggest trick the devil pulled was letting lawyers become politicians so they can write the laws.
  85. Re:mechanics of anonymous million dollar transfers by Anonymous Coward · · Score: 0

    You can get a cashier's check at any bank, for a small fee. If you take the check to the same bank (even if it's a different branch) they can cash it immediately. No hold, wait, or whatever. With a cashier's check the money is deducted from your account as soon as you have the check printed, the money goes into the bank's own funds. The check actually draws money out of the bank's account, not your own account. which is why it clears so much faster. (instantly for amounts as large as this).

    Most people would prefer to get a cashier's check as payment because a cashier's check can never bounce. (unless the bank made an error and went out of business between the time it took to print the check and for you to cash it).

  86. i know who is was... by drik00 · · Score: 1
    Duke University's law school received an anonymous gift of $1 million for the express purpose of funding '...advocacy and research aimed at curtailing the recent expansion of copyright law.' It's good to know that we have some well-funded idealists on our side, even if they are 'Anonymous Cowards.'

    It was Bill G... He's realized the error of his ways and wants to repent, but the peer pressure keeps him from claiming his deeds for himself. Swear to God.

    --
    Beer, now there's a temporary solution -- Homer Jay S.
  87. Geezus by 0xdeadbeef · · Score: 1

    You're like the anti-Signal 11. Opposite charge, but equally as lame. You'd think someone at Columbia could writter better trolls than this (or is he merely a victim?)

  88. Good question by JohnDenver · · Score: 2

    The Entertainment industry has been fighting the Technology industry for some time now.

    The technology industry wants to sell TV's, CD-RW's, DVD-RW's, Harddrives, portable MP3 players, portable DVD players, and anything else the consumer wants. If they could sell a machine that would enable the consumer to watch any movie they want or play any song they want, for free, they would be in heaven. (Better yet, THEY would like to be the ones charging $5 per view)

    The entertainment industry makes the technology industry's products more exciting. With filesharing becoming popular, it's making the telecommunications industry more exciting (File Sharing fuels highspeed internet sales)

    Here's where copyright law comes in: VERY strong copyright law hurts all of these fair uses that are currently fueling the technology/telecom industry. If a person can't burn a CD of music they downloaded from thier high speed connection, what good is the burner and a high speed connection?

    The Telecoms want to be the ones who deliver Movies on Demand

    ...but they don't want to do it for free. If they could have it thier way, they would shoot the owners, assume ownership of the movie industry, and sell each movie as pay-per-view for $20 a view (or whatever price yields the most return).

    Because they don't own the movies and they can't shoot the owners, they have two options.

    1. Negotiate with the owners
    2. Buy the owners

    It's tough negotiating with the entertainment industry, because thier business model has worked very well to this point, and they don't want to risk it on some hair brained scheme that might risk it. They want to give the telcom/tech industry as little of a cut as they must, unless the telcom/tech industry can give them a lot of sales.

    The Entertainment Industry and Telcom/Tech industry all need each other, but both want to hold all the cards. The entertainment industry would get it's way by legislating copy protection in every device (Hollings Bill). This would enable give them unlimited control over the terms of usage. If they want to sell you a DVD that only plays 5 times, no one would be able to stop them. Any provider who trafficked thier content without thier permission would be held liable.

    The telcom/tech industry would love the same thing, but they don't have the content. They basically have two options:

    1. Let file sharing go rampant, fix it (Telcoms *COULD* stop filesharing), in return for a very exclusive/lucritive deal as distributor.
    2. Let file sharing go rampant for many years, let entertainment industry suffer, watch stock plummet, buy stock and content, stop file sharing + protect content with DRM, resell at nice markup.

    No conspiracy here, just good business strategy...

    Follow the greed... :)

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Good question by Steve+B · · Score: 2
      The telcom/tech industry would love the same thing, but they don't have the content. They basically have two options:
      1. Let file sharing go rampant, fix it (Telcoms *COULD* stop filesharing), in return for a very exclusive/lucritive deal as distributor.
      2. Let file sharing go rampant for many years, let entertainment industry suffer, watch stock plummet, buy stock and content, stop file sharing + protect content with DRM, resell at nice markup.

      Or, if the big money is in selling the hardware with content as mere support, 3)Let the entertainment industry twist in the wind (but with an occasional investment infusion to keep it alive).

      --
      /. If the government wants us to respect the law, it should set a better example.
  89. Obviously... by Balinares · · Score: 1

    Gratuitous guess: Prince.

    --

    -- B.
    This sig does in fact not have the property it claims not to have.
  90. He's talking about China by Anonymous Coward · · Score: 0

    You don't have to read too deeply between the lines to see he's talking about bulk copying and reselling in China, not you ripping off the latest J'Lo mp3.

    1. Re:He's talking about China by jafac · · Score: 2

      You don't have to read too deeply between the lines to see he's talking about bulk copying and reselling in China, not you ripping off the latest J'Lo mp3. --- You are blind if you don't see his plan to hire more law enforcement to sit on your DSL line and sniff every packet that goes through for unlicensed or immoral content.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  91. Citizens of the world? by Anonymous Coward · · Score: 0

    Where do I get my World Citizen ID badge?

    Will the number be a convenient tatoo on my arm so I can always remember it?

  92. And Duke is the best place for this? by sunilhari · · Score: 3, Funny

    Of course, Duke Law is THE best place to give such a donation, given that their most famous alumnus is ... Richard Nixon.

  93. Donation from who? by londenberg · · Score: 1

    The first thing I thought of when reading this article was the scene towards the begining of the movie Sneekers where the main charactor is flashing back to collage where he and a buddy hack into some big name's bank accounts and used them to make donations to interesting causes. So the question is, Who's been sneeking?

  94. Look out! Lemurs! by Graspee_Leemoor · · Score: 1

    The lemurs plan a daring heist involving 3 minis, some steps and some comedy fruit stalls/chicken coops to drive through... They plan to steal the $1 million in transit and use it to buy snacks.

    The money may never be recovered in order to fight evil laws- you'll just have a bunch of fat, contented lemurs.

    Honestly though- Duke University- best in the world. They should ditch all the other departments and concentrate on the conservation of, study of, and feeding snacks to lemurs.

    graspee

  95. Gaming Industy is harder to rip off... by JohnDenver · · Score: 2

    The movie industry and record industry are thriving too, but then again only a small minority of people download movies, computer games, and songs.

    If more people downloaded this stuff (your mom and uncle), the entertainment industry would see less money. (Most people I know who download songs don't buy CD's anymore, why should we?)

    The Gaming industry has starting moving in on the subscription model, which has worked out VERY well for them. You can't cheat the subscription model, you can only compete with it.

    Secondly, It still isn't easy to download a game. Many of them span many CD's (take forever to download), and many more will buy it just because it's more convienent.

    Once piracy becomes more mainstream, it will hurt the industries who it's easy to pirate. Here's the order from most susceptible to least.

    1. Music - Small downloads, many devices geared for it
    2. Movie - Compression makes download acceptible via highspeed internet, some won't comprimise with quality and will buy DVD.
    3. Computer Gaming - Can turn to subscription services, or make games REALLY big (600 - 3000 Megs) thus making the VERY inconvienent to download.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Gaming Industy is harder to rip off... by smithwis · · Score: 1

      >>1. Music - Small downloads, many devices geared for it
      2. Movie - Compression makes download acceptible via highspeed internet, some won't comprimise with quality and will buy DVD.
      3. Computer Gaming - Can turn to subscription services, or make games REALLY big (600 - 3000 Megs) thus making the VERY inconvienent to download.should be more suseptible to piracy. You have a point with online play though, pirated games rarely work online.

    2. Re:Gaming Industy is harder to rip off... by PhilHibbs · · Score: 1
      Most people I know who download songs don't buy CD's anymore, why should we?
      Because it's morally indefensible to illegally download music?
    3. Re:Gaming Industy is harder to rip off... by JohnDenver · · Score: 2

      Most people I know who download songs don't buy CD's anymore, why should we?

      Because it's morally indefensible to illegally download music?

      If morals are bothering your from doing what you want, just ignore them...

      Seriously though, morals are much more pliant then you think, and it's very easy to morally defend illegally downloading music, especially in light of todays circumstances.

      Rather than making this an issue of morals, I suggest you look at it as an economic issue, because it's the economic aspects that is getting everyone into a fuss.

      If you want my opinion regarding the economic aspect: I think everyone could benefit from an unbreakable DRM system, and I speculate it could fuel the creation of more artistic works.

      --
      "Communism is like having one [local] phone company " - Lenny Bruce
    4. Re:Gaming Industy is harder to rip off... by PhilHibbs · · Score: 1
      I think everyone could benefit from an unbreakable DRM system,
      And how would this system distinguish legal copying from illegal copying? Even a notion of a general idea that might work would be nice. I want to be able to make unlimited personal-use copies - for use in a car cd player, MP3 player, or cassette walkman; I want to be able to sell either the original, or a copy if I have lost or damaged the original; I want to be able to use it on any of the PCs that I own; I want to do all this without having to dial up to an authentication server. Anything that gets in the way of any of these rights that are guaranteed by copyright law is unacceptable. Oh, and I want to be able to go abroad and take all my DRM stuff with me, and use it on local equipment. Also a right guaranteed by international treaty.
    5. Re:Gaming Industy is harder to rip off... by JohnDenver · · Score: 2

      And how would this system distinguish legal copying from illegal copying?

      A. It wouldn't. Tough titties.

      But if you were a programmer, writer, artist, and musician, you would be able to control how your work is used (whether it's pay-per-view, enjoys all prior fair uses, can be resold, loaned, licenses for each use, etc.)

      Many of the restrictions exist and are legal today, they're just not enforced with technology.

      I understand an unbreakable DRM system could be used in draconian ways, but I'm willing the bet effects of protecting INDIVIDUAL work and INDIVIDUAL contributions to larger works would help balance it out.

      Feel free to go for the jugular with me on this, I'm gathering some ideas, I'll get back to you with them.

      --
      "Communism is like having one [local] phone company " - Lenny Bruce
    6. Re:Gaming Industy is harder to rip off... by hyphz · · Score: 2

      > But if you were a programmer, writer, artist,
      > and musician, you would be able to control how
      > your work is used (whether it's pay-per-view,
      > enjoys all prior fair uses, can be resold,
      > loaned, licenses for each use, etc.)

      Um, nope - DRM makes this *worse*.

      The problem that *individual* programmers, writers, artists and similar invariably have is that they can't get direct access to distribution channels; and if they go through a middleman, the middleman can take whatever cut they wish from the profits, and may demand the surrender of the copyright.

      Even if somehow these individuals could apply DRM to their works, the companies controlling distribution could simply tell them to remove it or not get distributed. NO reform of copyright law can possibly affect this problem, because the distribution middlemen can always ask the authors to waive whatever rights copyright gives them.

      But in the real world the existance of DRM makes the distribution problem worse, because usually the only people who can legitimately produce material which includes the 'keys' or whatever to be recognised as a proper copy by DRM are the 'trusted' content producers - ie, the same firms that have a 'reputation' that gets them access to distribution channels.

      So DRM well and truly cements the distribution channels shut. Some little guys manage to get distributed, but overcoming the DRM barrier is much harder, because there's usually only DRM granting authority but multiple distributors on a single channel. If HMV won't put your stuff on its shelves, you could try Virgin instead, and HMV know that they might lose out to Virgin if they gamble on you and it pays off. But if Sony won't give you a secret key for your SecureCD, you can't try anyone else and they have no fear of competition because they know you're completely frozen out.

      "Unbreakable DRM" is just another step along the line of transforming computers into media consumption devices. I wonder what Babbage would have thought.

    7. Re:Gaming Industy is harder to rip off... by PhilHibbs · · Score: 2

      So you're prepared to say "tough titties" to the majority of the population, in order to remove the threat to the purses of Big Media. Just so long as we know where you stand.

  96. Right, we'll always have slavery! qjkx by Anonymous Coward · · Score: 0

    Oops, wrong century.

  97. Deep Throat by Josuah · · Score: 1

    "I've never gone behind Mr. Gates' back before but Congress's copyright-expansionist views, er, conflict with my...choice of lifestyle. All I can do is give you one name: Richard Stallman. Find him, and you'll find your answer."

  98. Re:mechanics of anonymous million dollar transfers by Alsee · · Score: 2

    sue the school

    Could you explain the logic behind handing someone a million dollar gift and then proceeding to sue them?

    Oh, you're a lawyer? Nevermind, my mistake.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  99. Funny by Anonymous Coward · · Score: 1, Insightful

    Why is it when Chinese people copy a dvd/cd they are pirates, but when an American does it they are an idealist?

    -man with eye patch

  100. If they take your life, they take your freedom... by Anonymous Coward · · Score: 0

    You have to admit, your sig is pretty corny. Couldn't you have picked someone better to quote than Mel Gibson?

    How about George Bernard Shaw???

    He's got some really insightful and funny ones that will blow your mind if you think about them enough.

    You reminded me of a recent tour on the Circle Line Tour Boat that goes around New York, where when upon passing the Statue of Liberty, everybody moved to one side causing the boat to significantly bank to one side.

    I remember an eight year old kid screaming like he was pretending to be Mel Gibson, "Freedom! Freedom! Freedom!" Like most 8 year olds, he probably has a very superficial understand of freedom. To him, freedom probably means getting even with a bully or some other bad guy so they will leave you alone.

    Let go of the inner child, and find your outer adult.

  101. Article by deblau · · Score: 2

    I think it's absolutely pitiful that they have to use Shakespeare as the example of copyright terms expiring.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  102. You were right. by Anonymous Coward · · Score: 2, Funny

    It was me.

  103. Re:mechanics of anonymous million dollar transfers by Anonymous Coward · · Score: 0

    Duh:

    "It hurts when I do that!"

    "I would hope so. Then you'll make sure not to do it."

  104. It all makes sense when you realize ... by jc42 · · Score: 2

    The RIAA and MPAA were based on the idea that they are cartels that had near-total control over the distribution media. This means that if you or I, as artists, wanted to get seen/heard by people, we had to use their distribution. They could enforce "standard" contracts on us that gave them all the profits and the rights to our art. You had a choice: Hand it over to them to distribute, or don't see it distributed.

    They are now in a panic because the Internet provides a new distribution channel that (partially) obsoletes their cartel. This is the whole source of the IP and IRM fuss. They are struggling to find a way to prevent us from getting our art to audiences via this new medium that they (so far) can't control.

    Verizon has realized that they have a real opportunity here: They are part of a cartel that in most of the world has a monopoly over telecomm, including the Internet. If they can get into a position of controlling both the communications and the content, then they will have total control over all the world's information except the relics on hard copy in libraries. The RIAA and MPAA will be dead, but to distribute your art, you'll have to get a license from whoever controls your Internet connection. Verizon is volunteering for this position, and hoping that by publicly attacking the RIAA and MPAA, the world's artists will support them.

    If you don't believe this, read their TOS. You aren't allowed to run your own web server. That is, if you have an Internet connection through them, you can't use it to distribute your own work. You are required to use their web servers. They are, of course, in a position to strictly control what is on their own machines

    It's really hard to be too paranoid here ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  105. Re:mechanics of anonymous million dollar transfers by poot_rootbeer · · Score: 2

    A box containing 1,500 postal Money Orders. ;)

    (as of ~2 years ago, the max amount a MO could be made for was $700 IIRC)

  106. Bill Gates? by subsolar2 · · Score: 2
    Wouldn't it be funny if it was a gift from Bill Gates? Though if it were him the money would have been given to Harvard.

    What entrepreneurs went to Duke University and might have a million dollars to throw around? Anybody have a clue?

    - subsolar

    1. Re:Bill Gates? by Anonymous Coward · · Score: 0

      Actually, Melinda Gates is a duke alum, and the Gates' have previously made some very significant contributions to duke.

  107. To The Donator by bwt · · Score: 2

    To the Donator:
    THANK YOU!

  108. Paypal Donation would be... by Mabidex · · Score: 0

    Great!

    Guys email the person in charge of this Donation at Duke if you are interested in contributing.

    jenkins@law.duke.edu

    I have asked her to put a paypal donation button on her site specifically for this, but she hasn't repsonded yet.

    I'm sure if more of you ask, she will consider it. Don't spam her though guys!

    Mabidex

  109. One million [pinky to corner of mouth] dollars? by Mind+Socket · · Score: 2, Funny

    At lawyers rates, that'll last .. ummm .. 4 hours.

  110. I hope that's not true by jcsehak · · Score: 2

    There are also people like me (who may be "content creators" and/or "content consumers" or neither) who believe that the more content that is available to the general public (e.g. current and future "content creators"), the more inspiration they will get, and the richer the whole of society will be.

    The aim of copyright law should not be to find some middle ground between the greed of the providers and consumers, but to create an environment that makes as much stuff available to as many people as cheaply as possible, at the same time making sure that content creators are well rewarded for getting into the creation business in the first place.

    --

    c-hack.com |
    1. Re:I hope that's not true by hesiod · · Score: 1

      > The aim of copyright law should not be to find some middle ground...
      [...]
      > to create an environment that makes as much stuff available to as many people as cheaply as possible
      > making sure that content creators are well rewarded for getting into the creation business

      Please excuse my ignorance, but isn't what you described just another way of explaining "middle ground"?

    2. Re:I hope that's not true by jcsehak · · Score: 2

      Yeah, but the finding of the middle ground should be based on what gets the most art to the most people, not trying to satisfy people who want free stuff or more money.

      --

      c-hack.com |
  111. New Guess - by Anonymous Coward · · Score: 0

    JK, singer of Jamiroquai - he hates the record companies, and is rich enough and smart enough to come up with a wheeze like this.

    Second best guess would still be Job, though...

  112. Well... by Erisynne · · Score: 1

    ... we know it wasn't Metallica!

    --
    ---- My Design, Code, Ruby on Rails blog: http://www.slash7.com/
    1. Re:Well... by Anonymous Coward · · Score: 0

      Now I understand
      "The thing that should not be"....

  113. Re:Verizon? Is that you? by jafac · · Score: 2

    JohnDenver wrote:
    My theory: I think the Telcoms and friends want to devalue the entertainment industry. They want the same exclusive content that AOL/Time Warner enjoys, but rather aquiring the content via an expensive merger, our friends would much rather buy all that content at commidity prices, or sign exclusive deals to act as the conduit to deliver music and entertainment at competitive prices.

    -------
    That's a good theory, but if that were the case, why are they (the telecoms) fighting like mad to hand over the whole broadband industry to AOLTW by fucking up DSL competition, and letting cable (dominated by RoadRunner) undercut DSL price-wise? You would think that if they wanted this killer app to keep going, they'd sell DSL at $10/mo like they do in Japan, Canada, and every other more civilized country in the world.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  114. Copyright Sucks... by Psx29 · · Score: 1

    I really think that instead of copyright they should have all intellectual property free and open for the public. Instead of paying for access to the IP rights you are paying for a service, such as a printed book, a music cd and jewel case, a packaged software with paper manual, etc. I suppose I just copied the open-source business model and am trying to apply it to everything but the truth is that it does apply to everything. Most people that I know will not buy legitimate products or will only buy those products if they feel the "service" they are paying for is worth it. ...Just my .02

  115. My estate by nuggz · · Score: 2

    Well you might donate your estate to the gov when you die, but I want my kids to inherit my stuff.

    1. Re:My estate by Zordak · · Score: 1

      There is a difference between inheriting accumulated wealth and continuing to receive royalties for a work. If we go with my example, say I die, and sometime later my wife dies. The children will then inherit whatever we received of the royalties while we were living, but will not continue to receive new royalties.

      --

      Today's Sesame Street was brought to you by the number e.
    2. Re:My estate by flacco · · Score: 2
      Well you might donate your estate to the gov when you die, but I want my kids to inherit my stuff.

      Too fucken bad. Let your kids earn their own living.

      Copyright law doesn't exist to enrich your spawn for all eternity.

      --
      pr0n - keeping monitor glass spotless since 1981.
    3. Re:My estate by nuggz · · Score: 2

      This isn't copyright specific. I want to provide for my family and friends. And upon my death I want the people who supported me to have my stuff as a final thank you, it is my stuff, it is my right to do so.

    4. Re:My estate by flacco · · Score: 2
      This isn't copyright specific. I want to provide for my family and friends. And upon my death I want the people who supported me to have my stuff as a final thank you, it is my stuff, it is my right to do so.

      My feelings on the issue are also not copyright-specific. I think the best possible kind of tax is the inheritance tax. It's consistent with the concept of a meritocratic society, and discourages the emergence of "dynasties" within a democracy.

      --
      pr0n - keeping monitor glass spotless since 1981.
  116. whodunnit by Anonymous Coward · · Score: 0

    -It was the "who wants to marry the millionaire" dude. He's desparate to get some nooky and get hitched, but doesn't want to just buy it like he tried before, BUT, all he's got is some cash he scraped together and his lawn furniture. It's his last chance! He figures the last of his cash going to a worthy cause, and then his name leaked out later, will result in droves of swooning MP3 lovin' baby lawyerettes at the school.

    "OOOh, U R my he-ro! Free music for the people! Watta man! Quick, up on the desk!"

    Hey! It's as bad a guess as all the other guesses!

  117. Re:mechanics of anonymous million dollar transfers by seanadams.com · · Score: 1

    Could you explain the logic behind handing someone a million dollar gift and then proceeding to sue them?

    It's not a gift for them to spend on ferraris and hookers. It's a research grant.

  118. Life + 75 years != a limited time by rollingcalf · · Score: 3, Interesting

    The US Constitution gives Congress the power to grant creators exclusive rights for "a limited time." Since when did life plus 75 years become "a limited time"?

    If someone is sent to prison for life, is that "a limited time"? If you purchase a product which is advertised with a warranty that lasts ten years longer than you shall live, would you think the warranty is limited in time?

    If I am awarded something or restricted from something for the rest of my life no matter how long I shall live, that is an unlimited time as far as I am concerned. If my ISP offered me $5/month Internet access for the rest of my life regardless of how long I live, I would consider that to be cheap internet service for an unlimited time. If my driver's license was suspended for life, that would be a complete revocation, not a suspension for a limited time. So I wonder what in the world the lawmakers were smoking when they thought that "a limited time" for anything granted to a person could be defined as a time period that is guaranteed to extend beyond their lifetime. Apparently "a limited time" to them is anything less than infinity.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
    1. Re:Life + 75 years != a limited time by Anonymous Coward · · Score: 0

      it's a sort of life insurance policy. it insures that no one will wipe you out to start making money off your idea because he himself won't live to see the copyright expire!!! do you think it's mere coincidence that the average life expectancy is 77 years?

    2. Re:Life + 75 years != a limited time by rollingcalf · · Score: 1

      "it's a sort of life insurance policy. it insures that no one will wipe you out to start making money off your idea because he himself won't live to see the copyright expire!!! do you think it's mere coincidence that the average life expectancy is 77 years?"

      That could have been accomplished by making the length of time to be a fixed period independent of anybody's lifetime, say 40 years. That may happen to go beyond a person's lifetime, just as the 5-year limited warranty on a car I buy may happen to extend beyond my lifetime, but at least it is not guaranteed by definition to be longer than a lifetime. And "life + 75 years" is also tied to the lifetime of the person, which still leaves a small incentive to whack people off to reduce the term of their copyright.

      Of course, some people will say "what if somebody outlives the copyright period and becomes old without any source of income"?

      My answers to that are:

      1) For over 95% of copyrighted works, over 95% of of the revenue they will ever get comes within the first 10 years. Anything that still has enough demand to draw significant revenue after 40 years would have already made a serious load of bucks during that first 40 years, which could and should have been saved by the creator.

      2) As a corollary from (1) above, when people create copyrighted works, they do so with the expectation that they won't be getting anything from it after decades have passed since publication. So the extended copyright periods are a negligible incentive to people who create content. The reason the corporations are fighting so hard to extend copyrights is mainly because they want to preserve the ongoing existence of their proven long-lived cash cows like Mickey Mouse. I doubt they would have lobbied so hard for extended copyright if it only applied to works created after the extension law was passed, and I even more seriously doubt that they would be willing to pay a fee at the time of creation of each work, if such fee was required to give them a longer copyright term.

      3) It provides a bigger incentive for the creator to get up and create something else, knowing that they may outlive the copyright term of their current cash cow.

      4) If copyrights were given a more reasonable limit like 40 years, the creator would have a larger base of public domain works from which to draw upon for creating derivative works for the purpose of producing additional income, like what Disney did with the Grimm fairy tales and others did with Shakespeare and Tarzan and Dracula.

      5) The people who built the place I live in and the car I drive aren't going to receive a lifetime stream of income for creating the building and car. And a home and car are way more important than watching a movie or listening to a music album. What makes authors and singers and actors so special that they should be given a lifetime stream of income for their work, unlike the other 99.99% of the population, most of whom provide even more vital services than entertainment?

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    3. Re:Life + 75 years != a limited time by pommiekiwifruit · · Score: 2, Interesting
      like what Disney did with the Grimm fairy tales and others did with Shakespeare and Tarzan and Dracula.

      Of course, The Jungle Book and Peter Pan were borderline cases for that, since they were still under copyright (in the UK anyway) when Disney made their pirate versions.

  119. Holling's next bill... by inkswamp · · Score: 2

    I'm sure Fritz and Co. are busy right now working out the details of the meta-DMCA bill: that is, laws governing 'research aimed at curtailing the recent expansion of copyright law.'

    That would, after all, make just about as much sense as the DMCA itself, so why not. Why not outlaw people from questioning the DMCA as well?

    --
    --Rick "If it isn't broken, take it apart and find out why."
  120. Corporations are actually hurting themselves by rollingcalf · · Score: 3, Insightful

    The ironic thing about all this is that by perpetually extending copyrights, corporations are hurting their own profits. If copyrights were capped with a time period of 50 years or less, like they used to be over a century ago, the content creators would have now become able to make money from derivative works based on other people's stories and music from the mid and early 1900s, just as Disney made a fortune by creating derivatives of works from the 1800s.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  121. My bet.. by Kwil · · Score: 1

    ..a rich content creator.

    1 who doesn't like 2 B C'n much in public.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  122. might be less involved in this case by Trepidity · · Score: 2

    From reading the press release, it sounds like (someone at) Duke knows who donated the money, but are honoring his wishes to remain anonymous.

  123. Public fund? by Anonymous Coward · · Score: 0

    I wonder how quickly we could raise another million just by asking for public donations? I'd gladly throw in $20 to support the cause.

  124. Cashier's check by totallygeek · · Score: 2
    Cashier's check for a million bucks? Uhh...somehow i dont think you can buy those at the local supermarket.


    Cashier's checks are drawn against a cashier at a bank. You have this confused with money orders. I see cashier's checks in excess of one million often (I work at a bank).

    1. Re:Cashier's check by NeoSkandranon · · Score: 2

      No, actually I have cashiers check's confused with the signs i see at store checkouts that say "cashier's checks"

      thanks for the clarification tho

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
  125. Continuous value creation by nuggz · · Score: 2

    What about apartment rental.
    I build an apartment, I rent it, I can rent it forever, and keep getting paid, although I'm not creating anything new.

    A creative work, I could sell it outright, and make a lump sum. Or I could sell copies, and make a smaller amount year after year.

    1. Re:Continuous value creation by Zigg · · Score: 2

      You could make that argument for any type of physical property rental; but you are still actively working to regulate access to the physical property, of which only one may be rented to one person at a time, and maintain that physical property, as it will wear and tear. That costs you time and money.

      By contrast, a copyable work doesn't cost the effort or time of the creator when it is copied (unless the creator is making a copy for sale), nor does the work itself require any kind of maintenance that costs the creator.

  126. To Angels by Anonymous Coward · · Score: 1, Insightful

    If you have money to donate, and you would like to effect change in our legal system, whether your issue is copyright reform, drug laws, forced adoptions, police abuse, whatever, please don't give your money to some bureaucracy. In every locality there are idealistic attorneys who struggle with these issues from day to day, who work 16 hour days, and who are not especially interested in being rich or famous. Every day attorneys such as these grind it out against big corporations and rich law firms who have unlimited funds for investigators, expert witnesses, court reporters and other resources that little-guy litigants need to have a fair shot at beating their big, rich opponents. Find 10 such attorneys -- ask around at the courthouse or ask a reporter for your local legal newspaper -- and send them each anonymous checks for $100,000. Set up a tax deductible foundation to do this so you can get the tax deduction.

  127. anonymity by dswan69 · · Score: 2, Interesting

    Too many people donate money because they want to be seen as charitable, they are essentially doing it for selfish reasons. When I donate money I don't want my name on a plaque, in fact I don't want any recognition - I donate because I believe in something not for recognition of my charity.

    In fact the current campaign contribution (i.e. bribery) system could be improved by requiring all contributions to be completely anonymous.

  128. Anonymous? by Hoi+Polloi · · Score: 2

    Do you think Duke listed the donor as "Anonymous Coward"?

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  129. who was that masked man? by stinkythumbs · · Score: 2, Funny

    Receptionist: Sir, a man just swung down through the open window and gave me this envelope with a million dollars in it, and a letter instructing us to fight the stupid/phoney patents we've been seeing.

    Duke Lawyer: Who was that masked man?!

    Receptionist: I'm not sure, but he had ebay written on his chest.

    Duke Lawyer: He must be one of those out of work bay area IT people. Throw it in with the rest of the "donations".

    --
    I wish I had more hands so I could give this post 4 thumbs down!
  130. AOL/TW is just one slice of the pie by JohnDenver · · Score: 2

    AOL/TW has a lot of competitors, both Cable and DSL who's services are priced competitively, so I don't see them taking whole pie anytime soon. Even if the cable companies gain an overwhelming majority of customers 5-10 years down the road, AOL/TW will still only be part of the pie.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  131. A person can't be open minded and hate Big Media? by JohnDenver · · Score: 2

    A person can't be open minded about DRM and hate Big Media too?

    If you would have comprehended ANYTHING I wrote, you would have understood that I think DRM (if done corectly) could enable independant artists to distribute thier own works via thier website, WITHOUT having to sign your life away to Big Media.

    Big Media essentially does two things:

    1. It distributes
    2. It promotes

    The reason the record companies, publishers are able to keep thier grips on the industry is because they bundle distribution with promotion. For most artists, there is no other way they can offer thier works to so many people and get people to actually pay for it. Wouldn't you know it if Big Media uses this to have writers and artists sign thier lifes away. What else can they do?

    The Internet has been turning into a great way to distribute content, so good infact people will be happy to distribute your content for you via P2P networks. Never mind you probably won't see a dime, but your works will get distributed.

    While a good DRM system will do nothing to get your work on the shelves, and do little to promote it, it WILL commodify distribution and give artists more financial leverege dealing with Big Media, by giving artists a way to dsitribute thier own works WITHOUT the need for Big Media.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  132. Re:A person can't be open minded and hate Big Medi by PhilHibbs · · Score: 1

    Not going to happen. The only DRM system that is going to get incorporated into home electronics will be the one that Sony likes. Sorry I misunderstood you - I mistook hopeless optimism for ignorance.

  133. Who's ignornant now? by JohnDenver · · Score: 2

    Consumer electronics has dramatically changed in the last 10 years. It's no longer exclusive to the Japanese enterprises and entertainment devices. Making a CD player that can read MP3's or any other arbitrary format is limited by the guy writing the firmware. Secondly, you shouldn't discount the pervasiveness of PDA devices and their growing roles as MP3 players, Internet browsers, eBook readers, and maybe movie players in 3-5 years?? (using a UWB wireless connection to a portable DVD player)

    Go to audible.com: It's an online retailer that sells primarily audio books, in a secure format. Already many MP3 players support DRM system, including: All Pocket PC's, Handspring, Rio, Iomega, Digisette, and Franklin.

    Not bad for a little operation...

    Imagine what Microsoft could do? (If they wanted to do something)

    Next time you call me ignorant, why don't you back it up with a LITTLE insight and SOME information rather than just stating an empty assertion.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Who's ignornant now? by PhilHibbs · · Score: 1

      Sorry if it came over badly, but I didn't call you ignorant. I said that you are hopelessly optimistic. I don't believe that DRM will ever be a positive influence.

  134. To the mods who keep modding this guy... by Anonymous Coward · · Score: 0

    Quit modding this obvious troll funny every time he make a joke, all you are doing is helping him get postive karma. This keeps the troll visable so it can continue to troll us and make ./ look like moron who will mod anything up no matter how questionable their posts are. Anyone remember the comment about how everyone was ditching dvd players and using linux's superior dvd playing capabilities? Or do you mods like being refered to as slashbots? Leave him at -1 like the other trolls.