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Lessig And RIAA Answer NewsHour Questions

Zeta writes "The answers are finally in! Stanford's Lawrence Lessig and the RIAA's Matt Oppenheim have responded to all the tough questions on copyrighted music, many from Slashdot readers, for the online part of the PBS NewsHour with Jim Lehrer. Take a look - some of the responses may surprise you." We ran the original call for questions a few weeks back.

23 of 888 comments (clear)

  1. The RIAA guy is an idiot... by Anonymous Coward · · Score: 5, Insightful

    "just because a car is sitting idling and unlocked does not mean that you can get in it and drive it away for your own use"

    The Riaa Guy

    I'd let anyone make a perfect copy of my car and drive away with it if they'd like, I still have my car.

    1. Re:The RIAA guy is an idiot... by operagost · · Score: 5, Insightful
      The question was whether owning a copy of John Denver's Greatest Hits Vol. 2 on 8-track was a license for personal use or just a physical copy. So the retarded marketroid says:

      "Everything you described sounds fine to me. You should enjoy your John Denver 8 Track, and feel free to copy it to other media. The only issue would be if you decided you wanted to download somebody else's copy of John Denver's Greatest Hits (which was likely from a CD, and a much higher audio quality). "

      Dumbass! The John Denver fan asked him if it was a "license" or just a physical copy, he indicated it was a license and then proceeded to contradict himself! He proved that the RIAA wants to have their cake and eat it too; i.e. the product is only a license, until your copy breaks or wears out in which case you'll just have to buy a new one at full price.

      The guy also says, "Networks like Kazaa, Gnutella, iMesh, Grokster and Morpheus, among others, are encouraging and helping individuals to distribute perfect digital copies of music to millions of strangers simultaneously." This is of course wrong, since MP3s use lossy compression and are in that manner comparable to consumer analog formats.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  2. The RIAA guy is an idiot...Copy the good stuff. by Anonymous Coward · · Score: 5, Funny

    "I'd let anyone make a perfect copy of my car and drive away with it if they'd like, I still have my car."

    Who'd want a copy of a Yugo?

    1. Re:The RIAA guy is an idiot...Copy the good stuff. by Anonymous Coward · · Score: 5, Interesting

      That sort of brings up issues about if an auto manufacterer could stay in buisness if everyone did that doesn't it?

    2. Re:The RIAA guy is an idiot...Copy the good stuff. by Malcontent · · Score: 5, Insightful

      " No, you're wrong. An artist can not exert that kind of a control over their work. They would have to trespass to break into my house and hear me singing the song in the shower."

      What if you were singing in the street? What if you were singing in the park?

      The fact is that it's illegal for you to sing an artists song. If anybody heard you singing that is a performance and you owe the record company money. Sure if you are singing in the shower the police would have to break in but if you are singing in the street they don't have to.

      You can make all kinds of speculations about whether they would arrest you or not but that does not change the fact that what you are doing is illegal. I remember a time when the cops would never arrest you for smoking a joint, in fact one time a friend of mine got pulled over with a bag of dope and a bong the cops just confiscated his stash and let him go. These days the cops would throw you in jail and confiscate your car. The laws that are not being enforced to day could be enforced with a zero tolerance in the future.

      --

      War is necrophilia.

  3. NEWSFLASH Riaa wigs STill CLUELESS by Maeryk · · Score: 5, Insightful

    "B. The record industry has been hit very hard in the last few years as a result of illegal downloading and piracy.

    In 2002, unit sales were down about 11 percent.
    In 2001, unit sales were down about 10 percent.
    In 2000, unit sales were down seven percent. "

    No, you jackass! Your sales are down for other reasons.. not illegal downloading.

    1) Only so many bands can look and sound identical, before people need only buy ONE album and pretend it is five different bands.

    2) Music sucks.

    3) CD's are overpriced for what you get.. when Rush used to put out albums, five or six songs were GOOD and the rest were OKAY.. now your pablum barfing force fed musicians are wont to put out one hit, on a record that Im payign 16 dollars for.

    4) see #2

    5) ITS THE ECONOMY STUPID!

    Thank you.

    Maeryk

    --
    Feminine Protection? What is that? A chartreuse flame thrower?
    1. Re:NEWSFLASH Riaa wigs STill CLUELESS by CanSpice · · Score: 5, Insightful

      Also in that answer was a complete non-answer. You'll note how he didn't say that the artists would get any of their money back, only that it depends on their contract. So much for the RIAA fighting for the artist, eh?

    2. Re:NEWSFLASH Riaa wigs STill CLUELESS by Bame+Flait · · Score: 5, Insightful

      You're right on the money with #2 and #4.

      I personally could care less if "big music" goes belly up. Would that mean people would stop making music? Clearly, the answer is no.

      God forbid the music industry's demise lead to Americans thinking for themselves, and actually having to discriminate in determining which music they like, instead of being force-fed by these soulless plutocrats.

    3. Re:NEWSFLASH Riaa wigs STill CLUELESS by Anonymous Coward · · Score: 5, Funny

      5) ITS THE ECONOMY STUPID!

      What's this "economy" thing and what is so important about it?

      Sincerely,

      George W. Bush, President of the U.S.

    4. Re:NEWSFLASH Riaa wigs STill CLUELESS by shaitand · · Score: 5, Insightful

      I would counter that illegal copying is not reducing sales any more than it ever has since the invention of the cassette recorder. Remember, the ability to record on tape came before cd. Yes it's easy to find millions of songs on filesharing networks, in the same token it was never hard to get copies of all the music you wanted on tape... someone buys x tape, they make copies for all their friends who generally listen to much the same music.

      There are also the group who would have never bought the music in the first place... this group is now downloading music... umm no loss here.

      Then there is the group who loves music and will buy cd's, this group is going to support the artists they love, they are going to find more artists they love because of filesharing and will purchase more music.

      There there is another group (that I'm part of) that takes the second group a step further. Who never used to listen to much music at all and certainly never purchased cd's... but who because of filesharing has discovered some great music and has now purchased several cd's in response.

      Between all these groups of people (and other's I haven't thought of in 30 seconds or less) yes I absolutely think it's reasonable to think P2P is a scapegoat and not the real reason the recording industry is losing money.

      The REAL problem is that the recording industry hasn't really embraced technology. They view it only as a means of increasing profits and protecting their interests. What about using technology to provide more and better content to consumers and increase their sales as a side effect? Currently content is damn near infinite, why not release dvd's full of music in brick and morter stores for what their charging for cd's right now? The price difference for me to do this is about 60 cents. I suspect the price difference for them is less, not more. I'd be much more likely to pay $20 if ALL the artists previous releases were included.

      As for online music, give it to me cheap, you want a pay per download scerio, great, how about a nickel a song? They've said it themselves, online distribution allows the making of infinite perfect digitial copies... so I want the reduced costs passed directly to me and I want the PERFECT digital copies.

      And artists... how about making getting "signed" a web-form that gives the artist 20% of sales, the artist can upload his music, he gets 20%, he gets carried on a major label's site, he gets his music out there, and if he gets popular THEN they support him by bringing him in for expensive recording and such.

  4. What's the Difference? by cethiesus · · Score: 5, Insightful

    Haven't read it all so far, but this is just blaring...

    Nobody is really "sharing" as we traditionally think of the term. Sharing involves lending something to somebody, and while it is on loan, the owner no longer has it. "Sharing" in the P2P context has become a euphemism for "copying." That copying is neither legal nor ethical.

    So...why do they say copying music files is "stealing"? Nobody loses any physical property, nothing of monetary value, but yet "copying" is equal to "stealing" in their minds...

    From an ethical perspective, when individuals engage in illegal copying, they are taking money out of the pockets of all of the people who have put their hard work into making the music

    Yeah, and from an ethical perspective suing a student for creating a search engine and letting him go for merely all he's worth is just dandy.

    --


    "Ford," he said, "you're turning into a penguin. Stop it."
  5. Fair Use by Orinthe · · Score: 5, Insightful
    "Many copy-protection technologies include on a CD a second copy of the album in compressed form ready for transfer to an owner's computer, but not capable of being distributed on programs such as Kazaa. These technologies are still, in many respects, in their infancy, and they will become more and more flexible over the next few years."

    So, this guy's saying that we should let everything stand for a few years, and then all of a sudden companies are going to make things _less_ restrictive? No offense, but I'm not holding my breath. I wouldn't trust the major labels to do that for a second, much less years. If we let it go until then, the DMCA/UCITA-type laws will be firmly entrenched and fair use will have disappeared entirely in digital media. Anyone else want to wait for that to happen?

    --
    SELECT quote.text AS sig FROM quote NATURAL JOIN attribute WHERE attribute.description = 'witty';
    0 rows returned
  6. Re:Get a copy of the transcript on kazaa by Anonymous Coward · · Score: 5, Informative

    We don't need Kazaa because the transcript and an audio clip is posted on the website at http://www.pbs.org/newshour/bb/media/jan-june03/do wnloading_4-24.html.

    Why was the parent a troll? Have a sense of humor, asshats.

  7. Different animal of sorts? by Anonymous Coward · · Score: 5, Insightful

    One industry you don't hear complaining about P2P sharing is the porn industry. Needless to say, you can get more videos and pics on file sharing networks, etc, than you can shake a stick at (not to mention posting on newsgroups). What's their stand on file sharing? It seems like they really could care less.

  8. Re:Save PBS's bandwidth bill by Anonymous Coward · · Score: 5, Funny

    You *do* realize that you are COPYING the article and not SHARING it?

  9. who gives a fuck about the riaa the music scene by bloosqr · · Score: 5, Insightful

    Yes radio sucks, yes many riaa bands suck but there are definitely work arounds. I've bought more music in the last few months than I have in a really long time (mostly stuff from metropolis/different drum/emperor norton/spv and some european equivalents). Shoutcast has been a godsend for those of me , I buy records but the kids who run the radio stations on shoutcast provide a great way of discovering new music. Need decent non-riaa music for your car, leave a few shoutcast streams on overnight and rip to cd/rw while you shower and play it on your mp3 cd car player. Use opennap/gnutella/shoutcast whatever to find your new music but if you LIKE the ARTISTS and BUY THE MUSIC! Most of the smaller labels need you to do this to survive. I honestly don't think the smaller bands care if you've discovered them by browsing some kids opennap file share becase some friend of yours told you about some new ebm band called "brudershaft" and you want to know what the hype is all about. But listen to it, if you think damn this rocks, this shit should be on the radio, buy it, it wakes the radio stations up, it gets the peoples making all the cool new music the recognition they actually deserve and it'll make the radio stations not suck so hard.

    -blo

  10. Intangible IP not the same as physical property by Shinzaburo · · Score: 5, Insightful

    I am sick and tired of people comparing the sharing of music and movies as the same shoplifting or stealing a car. This is a ridiculous analogy on many levels, but my main gripe is with one level in particular: if you steal a shirt from a store, that store has suffered an actual financial loss. When someone downloads a music album from somebody else, the record company doesn't suffer direct financial loss to the same degree as if the product were physical merchandise that couldn't be digitally replicated. The record companies may suffer an "opportunity loss," if indeed that person would have purchased that album anyway (lots of people download music that they would never have spent $15/disc for), but that's not the same thing as losing the production cost and the opportunity cost.

    The marginal cost of production for music, movies, software, and other intangible property is almost zero, and it's about time people took this into account before coming up with absurdly misleading analogies.

  11. Matt Oppenheim "Yay special interests!" by umrgregg · · Score: 5, Insightful

    Did anyone else besides me stop reading what Matt Oppenheim had written in response to these questions?

    He should have just said:

    "While lobbying for insane copyright extensions, suing kids, and whining about not milking that extra billion from teenagers over the last three years is generally not in the best interests of the public at large, it sure is helping us flog the last few drops out of a dying cow for benefit of the interested .05% of copyright holders!"

    And left me some time to read Lessig's well
    thought out, poignant, and meaningful answers.

    --
    NMG
  12. Difference in Lines of Thought by Poeir · · Score: 5, Insightful

    The main difference between these two:
    Lawrence Lessig:
    "The DMCA is an embarrassment to copyright law. Copyright law has always been about balance -- about the balance between restrictions and access.

    The Constitution expresses that balance: it requires that copyrights be for "limited Times;" the First Amendment requires that copyright yields to "fair use." "

    Matt Oppenheim:
    "If you are attempting to distribute recordings that you own the rights to and the RIAA is in any way preventing you from doing so, you should contact us immediately."

    Note how Lawrence Lessig focuses on balance, while Matt Oppenheim focuses on saying what consumers are allowed to do. (Lessig does not explicitly refer to people at "citizens," but Oppenheim does at least once refer to individuals as "consumers.") This shows their respective trains of thinking quite well.

    --
    Sigs are like bumper stickers.
  13. legal parrots by poptones · · Score: 5, Interesting
    That's it exactly. Even Jack Valente - ever notice how when anyone asks a question about ethics or hitorical precedent they avoid the issue entirely, simply saying "it's the law and this is our position?" Well duh - that's because you bought the fucking laws. Apparently they don't realize that, while they claim to be "trying to reach the young people" they don't realize that they basically sound exactly like any parent saying "you can't do that because I say so and I'm the parent." Yes, we all know how well that psychology works with people in every other walk of life. Very sharp cookies, these folks.

    It's not even a fun show anymore... they've become complete bores; the tribe has spoken by the millions: it's time for the men in the sharkskin suits to leave the island.

  14. Copying CDs by ThePyro · · Score: 5, Insightful

    When you buy a CD, you should feel free to copy it for your own use.
    - Matt Oppenheim, RIAA

    I'd love to, except that some nefarious individual seems to have "copy protected" some of my CDs.

  15. Re:Would you be able to sell your car? by Arker · · Score: 5, Insightful

    If you're not stealing a physical object, you're "stealing" the value of something by diminishing it.

    So by that logic, the inventor of the automobile stole the livelihood of all the buggy makers, horseshoe making blacksmiths, and so forth.

    This is the logic of those that think that just because they found something useful to do and are making money off it now, everyone else therefore has an obligation to avoid doing anything that will make what they're doing less useful, and therefore less lucrative, in the future. It's the logic of entitlement, of protectionism, of the Luddites and all their kin.

    The record companies once performed a valuable service. They got paid for it. When technology changes so that service isn't so valuable anymore, they should adapt and change so they continue to offer value and earn money. Instead, they try to turn back the progress of technology via legislation. They seem to believe that, having once provided value, they are now entitled to be paid in perpetuity, without earning it.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  16. The RIAA and the Survival of the Arts ??? by Onan+The+Librarian · · Score: 5, Interesting

    Mr. Oppenheim remarks: "If art of any form is going to survive and flourish in our culture, we need to support it and protect it."

    This is a cynical and ingenuous statement. Perhaps Matt believes that is the goal of his organization, but its aims appear now to have more to do with lining its executives' pockets than with the promotion of the arts. The music industry wants us to believe that without them there would be no more music, no more arts. What crap. People would still write, play, and even record & distribute music. People did plenty of that before there was a music industry. The only difference would be... no music industry ! Which of course means no more fat cats, no more industry control of popular culture, no more middlemen whose main purpose in all of this is to keep their jobs.

    And yes, Matt, some of us have considered that whole infrastructure from Sheryl Crow to the clerk at the local CD store and everyone in between. The Internet indeed threatens the existence of that infrastructure, and it is in the way of such things that your industry would rather fight than switch. I find it still ludicrous that iMusic and similar services are being touted so loudly, when the total amount spent on a CD's number of songs still comes to what you'd pay for a CD in the store. Yes, we get to choose the tunes, but we actually get less (no packaging, no Easter eggs, no value added) for the same money. Which means your industry can charge essentially the same amount of money for the product while eliminating the infrastructure you yourself want us to care so much about. Hmm...

    Here's a real idea, Matt: Why doesn't your industry get it together to place kiosks in my local CD store, kiosks that are basically high-speed connections to a content delivery service. These stands would let me select or even design the CD cover material, then I could download and burn the content to disc right then & there, I get the jewel case and all. Hey, if I spend enough maybe you guys could throw in a little extra value, kinda like all the bonus material you get from a DVD. You think a store with maybe twenty of those kiosks would do a bumpin' business ?

    So there's an idea, Matt. I haven't copyrighted or patented it yet, so I'll let you have it for free. Go ahead, share it with your friends. I'm releasing it on the Internet under the GPL anyway...