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File-Sharing Ethics Taught In Classrooms?

shams42 writes "According to the New York Times, the movie/record industries are taking their concerns about P2P file sharing into the classroom (free reg. req.) Among other activities, they are planning to play a game called 'Starving Artist' with 5th-9th graders, where students come up with an idea for a record album, cover art, and lyrics only to be told by teachers that the album is already available for download for free."

54 of 810 comments (clear)

  1. Yeah, I've got a game too. by GameGod0 · · Score: 5, Insightful

    I think I'm going to brainwash little kids too.

    We'll play a game called "Let's sue 12-year old girls!"

    1. Re:Yeah, I've got a game too. by Kombat · · Score: 2, Insightful

      You mean like book publishers? Boycott books! Picket in front of libraries! Take down the literacy cartel!

      There's nothing wrong with being compensated for providing a service. Artists are (arguably) good at making music, not distributing it. The suits are good at distributing and marketing it, but not making it. So they get together and everybody wins. What's evil about that?

      --
      Like woodworking? Build your own picture frames.
    2. Re:Yeah, I've got a game too. by BLAMM! · · Score: 4, Insightful

      Because the compensation greatly outweighs the service. I see no problem with fair and equitable trades, no matter what the service. Unfortunately, the music labels are screwing both the artists and the consumers with inflated prices for overhyped crap and unfair contracts. And now that both of the latter have, through new technologies, a means to bypass the former altogether, they are resorting to bullying and threats to maintain their position.

      Real commerce is sustained by providing something that attracts your customers to buy from you. It does not include lawsuits, and now lame, biased brainwashing of children (thank $DIETY my kids are homeschooled), to force people to deal with them.

      People are voting with their wallets. The record industry needs to either listen and adjust how the practice their trade to attract customers back, or they will die. Crap like this article describes will only piss people off and drive them away even more.

      My $0.02

    3. Re:Yeah, I've got a game too. by ReelOddeeo · · Score: 2, Insightful

      How about "Get Rich by Publishing Albums, not Creating Them"?

      There are other fun games you forgot about.

      Today children, we're going to form a price fixing cartel. Buy custom made legislation. Usurp government law enforcment authority. Get infinite copyright extensions to ensure that evil pirates don't get to enjoy old 1925 B&W Micky Mouse cartoons for -- gasp! -- free!

      Then, after recess we will play: let's make sure we can "trust" someone else's computer.

      Can anyone spell Cartel? (Well not on slashdot.) Does anyone know how a cartel works? In order to play the game, we need either a cartel or a monopoly in order to engage in what is called price fixing. In order to extract what is called "monopoly rents". Okay, Jane, Fred, and Sam, you three will form a group over here with the goal of.....

      Etc., etc.

      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    4. Re:Yeah, I've got a game too. by John+Allsup · · Score: 2, Insightful

      Silly point: a tyre blowout at 110km/h is far more dangerous than at 50km/h.

      The driver of a car at 110km/h needs to be more alert than one at 50km/h for a comparable level of safety (stopping times, amount of manoeverability, etc.)

      The point about health and distractions is valid. It is not ONLY speed that kills. This should be the retort to the 'speed kills' campaigners. But the fact is, if something goes wrong, than high speed can make the difference between a risky situation and a catastrophe.

      --
      John_Chalisque
    5. Re:Yeah, I've got a game too. by drsmithy · · Score: 5, Insightful
      60 million people also speed, but only because they can get away with it.

      No, it's because they realise that speeding, in and of itself, is not "wrong". It's only when you drive too fast (note: this might actually be under the speed limit) for the conditions, that you are doing something "wrong" - ie: driving dangerously/without due care/recklessly/whatever-you-want-to-call-it.

      It's wrong, it's dangerous and it kills people, but you wouldn't speed if you knew that you would get caught every time.

      This statement raises an excellent point (no, it's not the first part, which is just anti-speed rhetoric). The only way the "establishment" can actually hope to enforce unreasonable laws is by making detection a certainty and/or making the punishment vastly disproportionate to the "crime" and thus overpower any possible "benefit" that might reduce the "cost". Otherwise people continue to do what their little inbuilt morals and ethics meters tell them aren't "wrong" (which is how morals and ethics get defined in the first place).

      Incidentally, it's the same reasoning that explains why the death penalty is not an effective deterrant, but I digress.

      So, in the case of speeding we have (at least here in Australia) these wonderful little boxes that get hidden on the side of the road. If they detect you're over the limit, they photograph your number plate. Sometime afterwards the owner of the car is sent a fine in the mail, with zero effective chance of being able to avoid paying it unless he can somehow find someone else to admit to driving. Even if the owner can prove he wasn't driving, he still has to pay the fine if he cannot identify the actual driver at the time of the alleged offence.

      Unsurprisingly (at least to anyone with some knowledge in road safety), the effect on the number of casualties on our roads has been zero. Indeed, I believe the number has actually been rising since the devices became widespread. They have, however, raised millions of dollars in revenue and some states actually rely on this revenue to balance their books - and when the books become unbalanced, they just lower the tolerances on the cameras and/or increase the fines. But, again, I digress.

      We see the other variation on the philosophy with the RIAA's methods, only instead of the "guaranteed detection" route, they're starting with the "disproportionate punishment" route (although simultaneously trying to make the "guaranteed detection" method feasible by having appropriate laws passed).

      Anyway, the underlying moral here is that most people won't break laws they consider to be reasonable and just. Laws that are getting broken by lots of people, are getting broken for a reason.

    6. Re:Yeah, I've got a game too. by cpt+kangarooski · · Score: 2, Insightful

      However, the RIAA views buying a CD or tape as licencing the right to play the music, not for the actual media the music comes on, and are pressing for making backup copies (allowed under Fair Use) illegal.

      No. You seriously do not know what you're talking about.

      When you buy shoes, is there a license -- which is a synonym for contract -- is there a contract saying 'go ahead and use these shoes'? NO THERE FUCKING IS NOT.

      The law of personal property tells us that owners of a piece of personal property (basically movable things, as distinguished from land, which is real property) have the right to use it as they see fit.

      There may be other constraints imposed by law -- you can't drive your car at 150 mph in a school zone -- but this is totally unrelated to the concept of a license, which implies that someone ELSE owns the thing in question and is letting you rent it more or less.

      Here's a good rule of thumb: you own something outright if a change in law would result in your being able to do more, but do not own something outright if a change in law would be ineffective in enlarging your legally exercisable abilities since there's a contract that establishes what you can and can't do.

      E.g. you own a car, because if the speed limit goes away, you can drive faster legally. OTOH if you have a contract with someone to show their copy of a painting in your gallery, the fact that there is no law regulating the color of the wall it's hung is irrelevant if the contract specifies that it has to be blue.

      Copyright law does not include the use of copyrighted works. It includes, basically, copying, modifying, distributing, publicly performing, and publicly displaying, copyrighted works.

      Listening privately to a CD is none of those -- ergo, copyright does not prevent you from doing it.

      There potentially could be a license, but this is not likely given, say, the Bobbs-Merrill case, and at any rate if there were, you'd bloody well know there was a license. (which again is merely another word for contract)

      Contracts are oral or written. If it's oral, someone would've talked to you about what you can and can't do. If it's written, you probably have a copy -- it has the terms printed on it. Even if the contract were not express, but were implied, there still has to be something giving rise to it; but you can buy a CD in a generic transaction without there being ANY contract aside from here's $20, here's the CD I want, ring it up, goodbye.

      So get this through your tiny little skull -- THERE IS NO FUCKING CONTRACT FOR CDS, BOOKS, PICTURES, OR ANY DAMN THING ELSE.

      With computer software, at least there is an _attempt_ to claim that it's licensed, per an express written contract. And even THAT is subject to challenge as being a damned dirty lie. CDs don't get anywhere near that.

      As for fair use, fair use allows everything and nothing. Basically any kind of copyright infringement (backup copies involve copying, an exclusive right of the copyright holder) MIGHT be a fair use. But whether it actually is depends on the precise circumstances involved, when you look at them and conduct the sort of analysis that's provided in 17 USC 107.

      YOU CANNOT MAKE BLANKET STATEMENTS ABOUT WHAT IS OR IS NOT FAIR USE -- IT *ALWAYS* DEPENDS ON THE PRECISE CIRCUMSTANCES INVOLVED. NOTHING IS CATEGORICALLY A FAIR USE OR NOT A FAIR USE. IT DEPENDS.

      Besides which, if you want to make backups, read 17 USC 1008, BUT, AND THIS IS VERY IMPORTANT, BUT REMEMBER THAT THE TERMINOLOGY USED IN THAT SECTION IS DEFINED IN 17 USC 101, & 1001, AND THAT WHAT IT LOOKS LIKE IT SAYS IS NOT WHAT IT REALLY SAYS IN LIGHT OF THE SPECIAL DEFINITIONS PROVIDED.

      So mp3 backups may be a fair use, but they could just as easily not be. Backups of _certain_ CDs to _certain_ CDRs may or may not be a fair use either, but they have a specific sort of exemption that's applicable and which might be more convenient. Though you can't cut corners with 1008 -- you have to do things PRECISELY as the law requires, part of which will mandate that you read all of the applicable law so you'll know what that is.

      --
      -- 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. Gee.... by shachart · · Score: 3, Insightful

    I wonder if they tell the kids the artists are starving since the RIAA gives them $0.00000083 for every CD sold.

    --
    Those who can, do. Those who can't, consult.
    1. Re:Gee.... by Dashing+Leech · · Score: 4, Insightful

      Not only that, but typically the artists actually owe money to the record company for the recording, unless they are a huge success. Getting signed to a label is basically getting approved for a high-risk loan, except that you don't get to control the money you borrow, they take their money before it gets to you, and they get to keep the collateral (copyright) even after you do pay them back. It would be a whole lot better for an artist to just get a loan from a bank and pay for the recording and promotion themself. Unfortunately (or fortunately for other customers), they're not likely to get approved for such a large loan (>$100K-$1M) with little or no collateral.

    2. Re:Gee.... by Anonymous Coward · · Score: 1, Insightful

      >> So what would you prefer? $1.00 per album on 2 million sales? Or $7 on 30k of albums.

      Umm... I'd prefer $2 million to $210,000. Maybe they should teach math in American schools in addition to file-sharing ethics!

    3. Re:Gee.... by clifyt · · Score: 2, Insightful

      This has been the case for about a year now?

      People that don't like the artists will pay per song. I for one, use iTunes as a way to demo if I'm going to like an album and buy a song or two and THEN buy the album so I can have the liner notes and all that. I use to do the same with Napster -- great concept if people were honest. If I didn't like the song, it got deleted. If I liked it, the album was purchased.

      People look at a single song as being only worth $1...honestly that is bullshit. Other songs are subsudized by the 'singles'. They might not be as good, but it would be a hard sell to price the single at $12 and the rest at $0.23. So they sell them equally, hoping the single will be a loss leader for the others.

      Personally, if I were doing the iTunes thing, I would be pushing for my full albums to be purchased. Quite a few artists have it this way. I'd have a hard album that folks can buy with like 12 songs on it, but virtual albums of 3 or 4 songs for $4 each...it would be a compromise between spending $12 on an album that has one song I like and $1 where the artist gets screwed.

      Then again, most of the artists I listen to are good songwritters and performers and thus whole albums make the best sense to me...the above example would be appropriate for flash in the pants pop divas and otherwise...

    4. Re:Gee.... by clifyt · · Score: 2, Insightful

      "I think the solution is for artists to make better music."

      Of course it is...or its your duty as a listener not to buy music (or 'aquire it' by any means) from folks that refuse to write consistantly good music. I wouldn't buy a Steven King book if 70% of the pages were bullshit filler.

      Oh wait...I think thats why I stopped buying them...

      Heh! His short stories rock...its like reading his 500 Page Epics with the middle 400 Pages ripped out (which actually works pretty well if you do buy one of his epics...you really loose nothing of the plot).

  3. 1984? by SHEENmaster · · Score: 5, Insightful

    The children will also participate in a club called the Spies where they learn to turn in dangerous dissidennt traitors.

    Can your child meet the expectations like Suzie Q. did last week when she overheard her parents saying that the RIAA should be ashamed of itself for sueing children and the elderly. She marched right over to the local police station and turned them in.

    Can your child be as happysafe as Suzie Q.? You had better send them to the Spies and make sure!

    --
    You can't judge a book by the way it wears its hair.
    1. Re:1984? by bryane · · Score: 2, Insightful

      Um. This is already done. Review the materials for DARE (Drug Awareness and Resistance Education).

  4. otherwise.. by tommten · · Score: 5, Insightful

    they could submit their music to mp3.com and maybe even make some money instead and see that the market is shifting..

    btw. most of the records I bought the last few years I wouldn't have heard of if it wasn't for p2p-software..
    but then.. I'm the kind of the consumer the RIAA doesn't want.. one who choses what he wants to listen too.

    --
    - I choked on the red pill and now I'm stuck in limbo
  5. Oh Wow! by daveinthesky · · Score: 2, Insightful

    This'll be about as effective as...DARE

  6. Advanced study by gnalre · · Score: 5, Insightful

    Presumably there will an advanced course where students will look at how a artist can market his work in an age when record companies monopolise the retail channels and are interested only in supporting artists conforming to some corporate identity.

    not

    --
    Choose your allies carefully, it is highly unlikely you will be held accountable for the actions of your enemies
  7. sounds like religion by Anonymous Coward · · Score: 1, Insightful


    they force that down childrens necks to, nothing like brainwashing to build strong character right ?

  8. The smart child by danlaba · · Score: 5, Insightful

    C = child, T= Teacher

    C: Yes, so I'll make the CD, the album art like that, and it will have 12 tracks...
    T: It's already available on the net (smiling)
    C: Hmmm... let me think... How many downloads? Yes, they seem to like it, hmm... Yeah, good, so now I'm famous. Let's prepare my next concert around the world.
    T: !!!

    Starving artist? No way! An artist to play for the public, to have tours around the world, yes!

    A good artist will never starve because his art is priceless.

    P.S. The "Starving Artist" game is stupid, as showed above ;)

    1. Re:The smart child by Anonymous Coward · · Score: 2, Insightful

      At which the the child gets a failing mark for not "understanding" the course material and following on with the Standardised Groupthink (TM). Tack on a weeks detention for answering back, while we're at it!

      Are there any teachers out there who get peeved at the idea of continually pushing corporate agendas like this, instead of actually teaching? Has not one of you considered shooting that Channel One TV set, or shreding this sort of "Course Material" and maybe teaching the kids something useful, instead?

    2. Re:The smart child by Schnapple · · Score: 2, Insightful
      An artist to play for the public, to have tours around the world, yes!
      The Rolling Stones have made $1.5 Billion since 1989, and you can bet it's not through album sales - it's from concerts with $75 tickets. The flaw in this plan though is that the reason they can sell tix at $75 a pop is because they're the Rolling Stones.

      And not everyone can go this route - some acts don't translate well to the live stage. Metallica fills arenas - They Might Be Giants don't. Plus it's hardly a guarantee - I'm a huge music fan and have yet to go to a concert in my life.

  9. Re:After all, isn't it theft by stephenhawking · · Score: 5, Insightful

    No it isn't theft. Probably copyright infringement under our current draconian and broken copyright laws, but not theft. I for one would prefer my child not to recieve morality lessons in school, especially ones containting brainwashing propaganda like this crap. I send my kid to school for academic advancement, not to be spoonfed some lobbiest's political agenda.

  10. This is a great idea by silverbax · · Score: 2, Insightful

    If the students come up with good ideas, the record labels can steal them. So, the students will create great ideas only to have them stolen by corporations and distibuted for free by online traders.

    I can't imagine a better real-world education.

  11. Very true... by miketang16 · · Score: 4, Insightful

    DARE is beyond worthless. I remember getting these lifesaver candies on a necklace that we had to wear all day, and try not to eat. (Supposed to emulate resisting drugs) I ate mine within 5 minutes. And, also if you think about, what they were really teaching us is that drugs are like candy.

    --
    -------
    "In times of universal deceit, telling the truth becomes a revolutionary act."
    -- George Orwell
  12. Slavery. by suss · · Score: 2, Insightful

    I hope the teachers will make it clear that, while slavery was abolished many many years ago, the recordcompanies basically still treat their 'artists' that way...

    And ofcourse they'll explain how, with record sales going platinum, you'll *owe* the record company money (see TLC, they declared bankruptcy).

    And hey, while we're at it, try explaining the 'record breakage fee' of 10% (if i remember correctly) which is still in place, while records haven't been easily breakable since they went to vinyl (ok, you'll probably have to explain what vinyl is too.).

    I could go on for a while, but i'm sure you get the picture.

  13. How do I get equal time? by Patrick+May · · Score: 5, Insightful
    If the schools are going to subject my children to this propaganda, they had damn well better be prepared to allow alternative views. I suggest something based on the following:

    There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit.

    Robert Heinlein

  14. in our big brother world by kraksmoka · · Score: 2, Insightful
    these record companies like to pretend that the artists are hurt by filesharing, where truly nothing is further from the truth. the truth is the system that keeps 5 companies in charge of worldwide music distribution is hurt (marginally) by filesharing, and mainly by their unwillingness to change a century old business model.

    fact is, unless you're eminem, michael jackson (jacko was at the top for years) or someone similarly successful with record sales (ie. worldwide #1) the take from album sales and royalties is a pittance once you have been charged all the expenses.

    ever listen to Tom Petty's song with the lyrics "Don't wanna live like a refugee". that was a protest song over the screw deal the record label signed him to. he had hit songs and debts so high, he'd never be out of hock. this is still happening today. the record labels sign artists deceptively (with so-callled "A&R" reps) to long term agreements without mechanism for release at the artists discretion, then use these agreements to either lowball the artists, or keep their music off the shelves. its a dirty, dirty business.

    fact is, the artists won't starve from filesharing. they are starving from being robbed blind by the big 5! damn shame.

    --
    "You never want a serious crisis to go to waste." - Rahm Emanuel
  15. Re:If they're breaking the law.... by 91degrees · · Score: 2, Insightful

    It was a rhetorical question. The thing is, if the crime is so henious that it can be punished by the amounts being claimed, should the defendant not have the same rights as a criminal in cases where the fine is considerably lower? Should we be using the civil courts ro punish wrongdoers?

  16. Talk about the wrong idea... by Restil · · Score: 4, Insightful

    How does "coming up with an idea..." to do something have anything to do with copyright? You have to actually produce something first. If this demonstrates anything, it demonstrates the issue of prior art, where they are not permitted to pursue their dream and copyright it because someone else already did.

    If you want the kids to really get an idea, they're going to have to spend all their time and effort working on something, tell them that they'll be able to sell it when they're done, and then after months of effort, take away the fruits of their labors and tell them you were just kidding.

    Of course, the problem with this is, they'll have to actually create something that someone would be interested in purchasing, and it's unlikely that the average 5-9th grader will be able to pull this off, no matter what it is, and most especially not a product of an intellectual nature. Sure there are the rare exceptions, but this is a project aimed at ALL students, not the TAG crowd.

    So at best this will be another boring assignment that the students will only half heartedly pay attention to. And at worst, the few students that have yet to figure out what "that there interweb" thing is all about will suddenly realize that they're missing out on a ton of free music.

    This is probably another one of those sugarcoated efforts to make the public cry for the poor starving artists that are being robbed blind by the malicious 12 year olds who download their music, instead of realizing that the record industry is the one robbing them blind.

    -Restil

    --
    Play with my webcams and lights here
  17. Another game by OpenSourced · · Score: 3, Insightful

    I have another game, where you plant a tree, wait for it to grow, cut it, and use the wood to painstakingly make a table, using your bare hands and a pocket knife. After all your efforts, you find out that tables better than yours are available everywhere for almost nothing, done by machines.

    So you stop making tables. Big deal.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  18. Re:If they're breaking the law.... by Rogerborg · · Score: 4, Insightful

    Ouch, sorry. About 2.2 milliseconds after hitting "Submit", I realised that you were actually asking that question. Sorry for attaching my rant to your post.

    For what it's worth, I agree. Intellectual Property law needs to be revisited and some consistency brought to it. Why, for example, is it a criminal offence simply to obtain or supply a tool to break the encryption on a DVD? Why is it not a criminal offence to actually create or even use the tool to make a copy? Why is it a criminal offence to produce and sell shirts with a trademarked Nike logo, but not a criminal offence to sell copied CDs?

    The only aspect of the RIAA's position with which I have the slightest sympathy is that they really do have to educate people about this area of the law. However, the fact that they're lying about it (consistently calling copy right infringement "theft") disinclines me to cut them any slack.

    --
    If you were blocking sigs, you wouldn't have to read this.
  19. But then what attracts these bands? by goldspider · · Score: 3, Insightful
    "So their profit is $6.6 million; the band may as well be working at a 7-Eleven."

    If that were the case, you'd think that the RIAA would have a hard time finding bands willing to sign contracts, and 7-Elevens would be inundated with job applications from band members who didn't make any money.

    But of course, there never seems to be a shortage of new bands polluting the airwaves, so I have to conclude that either your facts aren't entirely true, or aren't entirely complete. Afterall, SOMETHING is driving these bands to aspire for a big contract, and it's not poverty.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:But then what attracts these bands? by dasmegabyte · · Score: 5, Insightful

      Well, I think the problem here is that you don't understand music very much.

      YOU: "Bands wouldn't sign contracts to produce albums if they didn't make money."

      History: Music has been made, for free, for several thousand years. Musicians have lived off of tips and patronidge and "day jobs" forver. Music is not about money. The music INDUSTRY, which feeds your CD shop and your radio, is about money. The two aren't necesarily exclusive, but it seems that way a lot of the time.

      If you are in a band, making what you feel is the best music ever played (and all musicians do), and I tell you that I will give you money and you'll get fame and airplay, and you can quit your day job because of the advance, wouldn't you do it?

      Musicians are interested in music, not money. They see the advance check and don't do the math. $100,000 to make music? Better than mopping up at the A&P, so they take it. This makes sense...would cautious, sensible economic planners be humping electric guitars on stage 5 nights a week until 2 am and doing crazy drugs when they have to work at 9 am the next morning? Hell no.

      Still, with a big label contract, there's always the chance you'll be the next big thing. And then they make SCADS of cash. This is why so many acts sound alike...even if your sound is fresh and original, your producer reminds you you'll have a better chance of getting BIG if you sound more "commercial." End result is, you trade a little creativity for the possibility of never having to work again, ostensibly so you can regain your creativity after you're comfortably rich. You sell out. The result is the bands you hear "polluting" the airwaves. Yes, they are in it for the cash grab. But it's a big lottery and like all gambling, the chances are much better that you'll fail miserably.

      People play music because they want to appeal to others with their music. They take contracts because they are told they will make doing just that. In the process, the goal of making money can often obscure the goal of being heard, and even if it doesn't, chance is not on your side. Chances are, with a big label contract, you will make very little money in the long run, and you'll probably squander it anyway.

      Nowadays a lot of artists, especially ones who want to play their own thing and not appeal to the masses with generic sound, are opting not to get the big advances and small print of the big record label. Small labels will press your sound and give you a much larger cut but with no promotion, no advance, no whatever. You have to self promote, appeal to the few remaining independent media outlets, and you have to pack people into your shows. Still, you will never have the exposure of the big boys, so it's very hard to get gold or platinum level sales. But it's much more likely that you'll make enough to live on comfortably.

      --
      Hey freaks: now you're ju
  20. Re:Kids today by Anonymous Coward · · Score: 1, Insightful

    My god. Freaks like you have been complaining about "kids today" for the last two thousand years. Every generation is lazier, more stupid, etc.

    Nevermind that there are more literate people in the world now than at any previous point in history. Nevermind that the renaissance followed the dark ages, not preceeded it. Jazz was the tool of the devil. Elvis ruined our youth. Young people can't even use the English language anymore - they say things like "you" instead of "thee" and "you were" instead of "you was!"

    "Kids today"? Gimme a fucking break. If anyone's monumentally ignorant it's you.

  21. How to play the game by maroberts · · Score: 2, Insightful


    Adopt a strategy of [shock!] playing live at concerts, using the MP3s as advertising instead of your revenue stream. You also realise that you can still make bucketloads of money by selling t-shirts coffe mugs and anything with your logo on it, including (horror!) the actual CD. People want to own memories, and a digital recording is not a memory.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  22. This should be illegal by joel8x · · Score: 4, Insightful

    I wonder how much money the record companies spend to have such an influence in schools. Its a well known fact that kids make up the recording industry's largest market, so why is it that this commercial entity has an influence on children's morality and education? What kind of message is this sending?

    Why not play the real starving artist game? The kids can sign a contract and never make a dime off of their intellectual property for the rest of their lives while the record company makes a fortune but still claims they haven't recouped their costs!

    --
    Sound waves should be free!
  23. too far by Anonymous+Custard · · Score: 4, Insightful

    Well my version of the game is that you practice guitar since when you were 13 years old, finally get a good band together, do a few local shows for free, eventually get a once-in-a-lifetime deal with a record label, sell a million records, only to find that you still owe the record company $50,000 because they spent so much 'promoting' you, and that you can't make any more music until the record company agrees they like it. Then the record company decides to stop promoting you, and you have to do infomercials and mall openings since you're no longer allowed to make music without the record company's consent. Now that's a fun game.

  24. Feel Sorry... by virg_mattes · · Score: 2, Insightful

    ...for the rest of the musicians in the business. J.Lo represents the top .01 percent of musicians in the industry (that's one hundreth of one hundreth of all people playing music for a living). For the vast majority of musicians, a record contract is a fast route to bankruptcy, which is what the "one-hit wonder" phenomenon is all about. More than a two thirds of professional musicians can't make a living wage doing an album, because the contracts are so draconian that they have to be a huge success before they can pull in a dime. It's telling that Glenn Campbell, a fellow who has had hundreds of songs on the radio and twenty successful albums, has said that he has consistently lost money on making records because of the contracts.

    Oh, and by the way, less than one percent of albums sold sell more than one million copies. So next time you pick up a million-seller and have trouble shedding a tear for the artist, consider the 99 other artists who didn't get a thing for all the work (while the record company did) or the 54 who had to declare bankruptcy because they owed so much money to the record company that they couldn't pay it back, while the company actually turned a net profit on the whole thing.

    Oh, and one last thing. Musical tastes aside, any artist you've heard of on the national circuit is far, far above "mediocre" in terms of commercial success. Puff Daddy may not be to your liking, but saying his success is mediocre is pure insult to the venue bands that play the clubs all around your house, who can only dream of being as well recognized.

    Virg

  25. The Moral of the Story by Exousia · · Score: 2, Insightful

    The obvious moral to your little story is that trying to make money in the music business is a bad gamble. Is somebody forcing artists into it? No. They are usually driven by pipedream fantasies to the point of being stupid. The music business is a *business*. Get a lawyer. If it's a bad deal, go into a another line of work. If artists did this, the music business as it is would die. It's the unwise artists that keep feeding the machine.

    --

    --Slashdot: News for Turds. Stuff that Splatters.
  26. Re:If they're breaking the law.... by drsmithy · · Score: 2, Insightful
    The only aspect of the RIAA's position with which I have the slightest sympathy is that they really do have to educate people about this area of the law.

    You shouldn't. If the law in question was reasonable and just, people wouldn't *need* "educating" because they wouldn't be breaking it in the first place.

    The law is not self defining. "Because it's the law" is not sufficent justification for enforcement.

  27. Radio play ... by Heisenbug · · Score: 2, Insightful

    Sure. What's driving them there is fame and exposure. I remember one artist, whose name I don't recall, :-) said that she made more money by starting her own label and selling 250,000 albums than she did by selling a million when she was with a major. The tradeoff is, only one quarter the people actually heard her music. Likewise, even if the average artist could make more by independent distribution, they would reach a fraction of the audience -- probably much smaller than my anonymous example since they hadn't sold a million in the first place.

    The record companies work hard to maintain this kind of clout, including some $200 million paid to radio stations every year to decide what gets played. (Do a search on salon.com for 'RIAA payola'.) As long as they can decide what gets heard, they could get whatever artists they want, even if the artists had to agree to actual, nonmetaphorical rape instead of the money kind.

    Is paying the artists jack squat a requirement in order to support this business model? Of course it isn't. They could easily split off a fifth of that 6.6 million profit. *They don't have to.* It's cheaper to buy an audience, and get the band for free.

  28. Re:Your flawed argument by RalphSlate · · Score: 1, Insightful

    It doesn't matter -- that's not your decision to make.

    That's like justifying stealing Star Wars action figures by saying "I saw the movie 25 times, so I've given George Lucas enough money to compensate for it".

    You can't make that call -- not legally, morally, or ethically.

    Bottom line is that you're preventing people from making money the way they are choosing to make it by taking their service but not paying for it. That's wrong, and you know it, no matter how much you choose to justify it.

  29. Re:If they're breaking the law.... by Rogerborg · · Score: 2, Insightful

    I'd be the first to agree (hey, I am, in fact), but I do believe that there's a moral and pragmatic foundation behind copy rights. The problem is that the law isn't consistent, and it isn't clear. Until we can get it cleared up, all that the RIAA can do to support their (theoretically moral, pragmatic) position is to play the cards as they're dealt.

    I'll also be the first to point out, however, that that's not what they're doing. They're buying laws and misrepresenting the morality. Once they get back to working for creative talent rather than owning it, I might change my mind.

    But that said, I don't believe that there's anything wrong with copy right law in principle, it's just a clusterfuck in practice, and getting worse with each revision.

    --
    If you were blocking sigs, you wouldn't have to read this.
  30. Please use precise language by yerricde · · Score: 2, Insightful

    "Theft" is not a legal term but rather a colloquial term. Those who discuss law seriously find it more productive to use the legal terms such as "larceny," "grand theft auto," "armed robbery," and "copyright infringement" that have different sets of statutes and different sets of case law behind them, rather than some blanket term such as "theft."

    Some legal dictionary may actually define "theft" along the lines of "any offense involving the unlawful taking of another's property." But now define "taking," and define "property." If the copyright in a work is in fact property, why don't copyright owners have to pay property tax?

    --
    Will I retire or break 10K?
  31. Re:If they're breaking the law.... by Sj0 · · Score: 2, Insightful

    Since when is taking a photograph or replica of a statue the same as using a crane to hoist it away?

    --
    It's been a long time.
  32. Re:Your flawed argument by MyHair · · Score: 2, Insightful

    That's like justifying stealing Star Wars action figures by saying "I saw the movie 25 times, so I've given George Lucas enough money to compensate for it".

    Oh crap, I hope it's okay with you that I read that, otherwise it would be the same as if I had stolen your pencils and pens.

  33. What to Do about this by serutan · · Score: 4, Insightful

    For those who didn't read the article, the Starving Artist game is only a little blurb in the middle. But if that's your hot button and you have kids in school, find out if the school plans to bring in this presentation. Talk directly to the teacher(s) involved. The school also has a PTA or PTSA where you can stand up and object publicly.

    Be prepared that teachers in general tend to be unsympathetic toward behavior that seems to break rules. However, they also tend to frown on deceit and deception. Your best argument is the truth about how the music business works. Try this explanation:

    Musicians don't make money from record companies selling CDs, they make money by performing. Recording contracts are deliberately written so that all the expenses for producing, advertising and distributing an album are taken out of the musician's share of the profits, which then magically turns out to be ZERO. What musicians get out of CD sales is exposure, which makes them more famous and gets them better paying performance gigs. They get this same exposure whether a person buys a CD, borrows it from a friend, listens to it on the radio or downloads it from the Internet. The record industry's "poor starving artist" mantra is a flat out lie.

    Whatever you do, don't beat this into the ground or launch into a tirade about the Evils of Capitalism or whatever. Just tell the real story matter-of-factly and give them a chance to digest it. Tell them you don't want the Recording Industry or any other industry bringing in a marketing campaign disguised as a learning experience.

  34. Parallels with evil dictators by sn0rt · · Score: 2, Insightful

    I find it odd that this is called Starving Artist. The reason that they starve to begin with this that they receive a small fraction of the revenue from sales of their work. It reminds me of the poly sci folks agonizing about foreign aid to countries with corrupt regimes. The dictator scoops a huge portion of the funds meant for the starving masses which is a huge waste - but the only way to get any money to those masses is through the current regime. So, do you give foreign aid, knowing that it is supporting a repressive regime and keeping them in power - but still feeding some folks - or do you halt aid and wait for the system to collapse under its own weight and hopefully something better emerges? Personally, I think the parallels are actually pretty frightening between the RIAA and say, Sadam Hussein, Mobutu or Idi Amin.

  35. law or $$ important? by edstromp · · Score: 3, Insightful

    What teacher would allow this as a part of his/her curriculum? Good grief. Here you go kids--create, have fun, but just so you know, it's the money that makes it worthwhile, not the satisfaction and joy that comes with the act of creation and knowing a job well done. What a crappy lesson to be giving our kids. That's as bad as suing 12 year olds, actually worse, because their propaganda is teaching children corrupt and false moral truths. As a parent I'd be pissed as hell to find out the schools were allowing my children to be taught these things. How about teaching them the importance of obeying the law because it IS the law, and if the law is wrong, it can be changed, but that the law is important and the law should be followed?

  36. An easy solution for musicians by Pinball+Wizard · · Score: 2, Insightful

    I have a suggestion for those who would like to continue selling those pieces of plastic.

    Include a live video of your concert with your studio release(or hell, just release your live show) Package it all on a DVD or two and sell it for $20.

    That's what Rush is doing - and at $20.99 for 3 hours of live music + extras on 2 DVD's, it's no wonder their DVD set is in amazon's top 50 nearly a month before its release.

    And really, who is going to try and download 2 DVD's worth of material(8-10 gigs) when for 20 bucks, they can get the real thing.

    --

    No, Thursday's out. How about never - is never good for you?

  37. Ethics in Schools ??? by IamGarageGuy+2 · · Score: 3, Insightful

    I hope I am not the only one that is violently opposed to public schools trying to teach our children about ethics. First of all I don't aggree with a government organization trying to teach children ethics (whatever happened to parents?) and secondly the teaching of ethics by a heavy handed corporation. This is wrong in so many ways that I have to question the ethics of the school boards that allow such a curriculum in the first place.

    --
    Stay tuned for new sig...
  38. You're missing an integral part of artist revenue by waxdaddy · · Score: 2, Insightful
    Live shows. Do you have any conceivable idea how much artists make on a show? In my experience (I've worked for major labels, indie labels, magazines, all that crap), the artist gets a tour budget, which usually comes out of his/her marketing budget (which is part of the recoupable blah blah)...

    BUT...Any charting artists you see on MTV are banking fat rolls at live shows. We did a show with Eminem several years ago (just after his first Interscope release), and we got a discount due to it being a student function. He still got paid over $30,000 for that one show. And that didn't include the costs that went into paying the Roots and other bands that performed.

    And that was just after his major label debut. Imagine what he commands nowadays.

    Artists bank major cash on shows. Even your well-known indie hip-hop/underground artist gets paid fairly decent (see, $1,000 for a club show + hotel + food + transportation). Multiply that by, say, sparingly, 100 shows per year. That's $100,000 with virtually no marketing campaign to pay back.

    Being that it's an indie artist, royalties (or, profit if they paid for it themselves) skyrocket percentage-wise. Like others have said here, making $7 an album because you paid for it yourself, and then selling 30,000 (a paltry sum), just netted you $210,000. Many popular indie artists have banked from being indie. If you know hip-hop, think Company Flow (El-P/Big Juss/Mr. Len) or Hieroglyphics (Del/Casual/Souls of Mischief/etc.). Both groups sold over 100,000 copies of their first, indie-released albums.

    Not to mention all the other sources of income that an artist has (guest appearances, show appearances, advertising, sponsorship, etc.)

    I work for a company now that sponsors about a dozen (mostly independent) hip-hop artists. They get free clothing from us (we're a clothing company). We're new so they don't get paid (yet), but we have a history together and they wear our stuff. However, that's free clothing and free bags.

    Imagine not having to spend money on food, clothing, transportation, etc., during the course of one year.

    Show promoters pay for all kinds of stuff. I've been a part of dozens upon dozens of shows. The only thing the artist ever paid for was...um, absolutely nothing.

    Now do that for 60 or 100 or, in a lot of cases, 200+ dates per year.

    Cha-ching.

    Why do you think artists like J-Live and Defari (Alkaholiks) finally quit teaching in the classroom to focus on being artists?

    It's easy to figure that most artists make the majority of their money from live shows, etc. (Unless, of course, you count the divas and consistent 10 million + selling artists).

    My .02

    -SD/WAXDADDY

  39. how can they do this? by jtilak · · Score: 2, Insightful

    how can schools allow them into classrooms? are they paying the schools off or what? the way i see it, time is money, and every minute they waste on this crap they are not learning something else that is much more important

    Neil Postman wrote an classic book called Teaching as a Subversive Activity. Everyone should read this.

    Parents should be more involved in their kids' education. You should at least have an idea of what your kids' school is teaching them. Meet their teachers, and if they are teaching your kids something you don't approve of, you have every right to complain. Do not trust the school system.

  40. Nice try, but your arguments are flawed by StandardCell · · Score: 2, Insightful

    First, who says what the posted limit is? If it is arbitrarily set at a low point, then the speed cameras are placed where the speed limit is artificially low, then who is that saving? I would argue it increases driver frustration and may lead to more accidents.

    Second, you don't seem to understand that there is more to traffic fatalities than speed. The vast majority of traffic fatalities fall into one of two categories: impaired driving, and not wearing seatbelts. People continue to drive under the influence and/or without seatbelts. Speed could potentially kill at 30mph. What do we do? Lower it to 5mph? That'd defeat the purpose of automobiles, wouldn't it? Since you obviously don't live in an area where this is a problem, take a look at this link and find out what happens when automated enforcement gets out of control. On another note: traffic fatalities are already double in Edmonton what they were last year. Goes to show that speed cameras are nothing but a money grab.