What Counts as Music and Why?
The Importance of writes "There has been much discussion about compulsory licensing schemes. Most of the debate has been about music. But what happens when any file can easily be converted into a sound file and back again? Can shareware authors convert their software to digital music and get paid for sharing it? Can pornographers get paid for turning images into sound? Scott Matthews has written a program (Ka-Blamo) that does the conversion. LawMeme looks at some of the issues. This raises the question, what should count as music and why?"
IMHO, this is a fundamental problem with this kind of non-transactional pricing scheme. Our categories such as "music", "noise", "data", "spam" are fundamentally perceptual definitions. Once you try to divy up a share of profits among a variety of things that people are accessing with their bandwidth, there are no objective criteria by which to separate one from another. It becomes an issue of who is making the most noise and can muscle their way into greater (non)-market-share, which is why this issue is being discussed in relation to music in the first place. The determination of who gets what share becomes a contest of politics, rather than quality. It becomes rather like the attempts of socialist governments to control pricing; even with the best of intentions there is no way to make this fair. Either we vote with our dollars or let someone else vote with them, based on their perceptions.
~ Whence do you come, slayer of men, or where are you going, conqueror of space?
From http://whozoo.org/mac/Music/Sources.htm
They go on to say:
Ok, this makes sense to me but we also do the same thing with words... and words can be made into speach. Why not say the same thing of patents... Our minds take existing ideas and change them... thoughts get put into actions, actions into motion, motion in physical parts, physical parts into machines, machines into processes, processes into... well, you get the idea.
All of our existence as humans (including our own being) is parts being put together into something greater than the whole, and this happens to include music... music has bizarre rules, and most everything else can be made into music. Does this mean the rules of music apply to the other items?
Reminds me of the DeCss as free speach argument.
So be it.