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Hilary Rosen Loves Creative Commons

13.7Billion Years writes "Former RIAA CEO Hilary Rosen has written a piece in Wired extolling the virtues of Lawrence Lessig's Creative Commons licensing, providing such juicy tidbits as 'I'm still cynical about its origins, but I've come to love Creative Commons,' and 'the industry ought to embrace Creative Commons as an agile partner providing tools for new ways to do business.' She's not quite ready to pooh-pooh the current all-or-nothing licensing regime just yet but this sounds like good progress."

271 comments

  1. Pooh-pooh? by yonatanh · · Score: 0

    "She's not quite ready to pooh-pooh the current all-or-nothing licensing regime just yet but this sounds like good progress." I am sorry but never in my life did I encounter the expression pooh-pooh, can someone please enlighten me?

    1. Re:Pooh-pooh? by rco3 · · Score: 0, Troll

      "Poo-poo" is American adolescent idiom meaning excrement, as in "I went poo-poo in my diapers again!"

      In this usage, it means she's full of shit.

      --

      Ce n'est pas un vrai mouvement de robot!
    2. Re:Pooh-pooh? by Synonymous+Yellowbel · · Score: 4, Informative
      I am sorry but never in my life did I encounter the expression pooh-pooh, can someone please enlighten me?

      It basically just means to dismiss, disparage or criticise (depending on the context).

      steve

    3. Re:Pooh-pooh? by aztektum · · Score: 0

      The blurb says she's not ready to pooh pooh ON the current scam.

      Which sounds more like she's not ready to shit on the system they're using now.

      --
      :: aztek ::
      No sig for you!!
    4. Re:Pooh-pooh? by prowley · · Score: 2, Informative
      "Poo-poo" is American adolescent idiom meaning excrement, as in "I went poo-poo in my diapers again!"
      I pooh pooh your explaination: a) it is of British origin (and we have enough trouble wrestling our words off the French that you needn't think we will just stand idly by while you half inch them under our noses) - I believe a bastardization of the French for chamber pot, Po' Poh or something. b) only when speaking to small children is a pooh pooh a shit c) in this context it means to dismiss d) it also means a bad smell For a thorough useage of the term pooh pooh, please see Blackadder: Melchett: Well, bugger me with a fishfork! Old Darling, a Jerry morsetapper? What on Earth made you suspect him? Mary: Well, he pooh-poohed the captain here and said that he'd never find the spy. Melchett: Is this true, Blackadder? Did Captain Darling pooh-pooh you? Edmund: Well, perhaps a little. Melchett: Well then, damn it all, how much more evidence do you need? The pooh-poohing alone is a court-martial offence! Edmund: I can assure you, sir, that the pooh-poohing was purely circumstantial. Melchett: Well, I hope so, Blackadder. You know, if there's one thing I've learned from being in the army, it's never ignore a pooh-pooh. I knew a major: got pooh-poohed; made the mistake of ignoring the pooh-pooh -- he pooh-poohed it. Fatal error, because it turned out all along that the soldier who pooh-poohed him had been pooh-poohing a lot of other officers, who pooh-poohed their pooh-poohs. In the end, we had to disband the regiment -- morale totally destroyed ... by pooh-pooh!
    5. Re:Pooh-pooh? by ScrewMaster · · Score: 1

      As in "Oh bother, Oh bother."

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Pooh-pooh? by Ingolfke · · Score: 1
    7. Re:Pooh-pooh? by Jah-Wren+Ryel · · Score: 1

      I am sorry but never in my life did I encounter the expression pooh-pooh, can someone please enlighten me?

      See, Triumph, the Insult Comic Dog (warning, flash or some sort of plugin required).

      Triumph is famous for his tag line, "That's a wonderful _blank_, for me to POOH on!" Fill in the blank as needed.

      In this case, Rosen is not quite ready to take a dump on the copyright industry that put her up in fine style at over $1M/yr for the last couple of decades.

      --
      When information is power, privacy is freedom.
    8. Re:Pooh-pooh? by TyrranzzX · · Score: 1

      Comes from one person taking a dump on something/someone else. Allow for me to demonstrate:

      Hunger/Gatherer 1: W00, W00, AHH. I MAKE PAINTING of rhynoscerous on GROUND!

      Leader HG: *Looks at it for a second, then bends over and takes a dump on it*

      HG1: :(

    9. Re:Pooh-pooh? by Anonymous Coward · · Score: 0

      Well, I think it's poo-poo but whatever. Not sure why the parent deserved a response.

    10. Re:Pooh-pooh? by labratuk · · Score: 1

      Obligatory Blackadder quote:

      Mary: Well, he pooh-poohed the captain here and said that he'd never find the spy.

      Melchett: Is this true, Blackadder? Did Captain Darling pooh-pooh you?

      Edmund: Well, perhaps a little.

      Melchett: Well then, damn it all, how much more evidence do you need? The pooh-poohing alone is a court-martial offence!

      Edmund: I can assure you, sir, that the pooh-poohing was purely circumstantial.

      Melchett: Well, I hope so, Blackadder. You know, if there's one thing I've learned from being in the army, it's never ignore a pooh-pooh. I knew a major: got pooh-poohed; made the mistake of ignoring the pooh-pooh -- he pooh-poohed it. Fatal error, because it turned out all along that the soldier who pooh-poohed him had been pooh-poohing a lot of other officers, who pooh-poohed their pooh-poohs. In the end, we had to disband the regiment -- morale totally destroyed ... by pooh-pooh!

      Source

      --
      Malike Bamiyi wanted my assistance.
  2. Convenient by Hatta · · Score: 4, Interesting

    Shame she's not in a position of power anymore. Funny how this happens after she leaves.

    --
    Give me Classic Slashdot or give me death!
    1. Re:Convenient by AstroDrabb · · Score: 1, Insightful

      This is how all political people or people influenced by money are. She acts one way while she is getting "paid", and changes her tune once she is no longer a part of that organization. It is really sad. She says this now, however, if she were to get her old position back, I would bet any sum of cash that she would not be singing the same tune. The RIAA would never go for a license like this, it doesn't give them enough "control".

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
  3. how the...? by Anonymous Coward · · Score: 0

    I thought she was sending her army of specially trained hypo-allergenic sniper cats to kill Lessig..

    oh crap, another "get the facts" ad... gotta refresh!

  4. Open Source Tunes by Rightcoast · · Score: 2, Interesting

    The issue also includes a 16 track Cd with Chuck D, Beastie Boys, Danger Mouse and others that can be sampled, burned, and used under Creative Commons

    1. Re:Open Source Tunes by double-oh+three · · Score: 1, Informative

      Also; Le Tigre, Matmos, DJ Dolores, Cornelius, The Rapture, Paul Westerburg, Thievery Corperation, Dan the Automator, Giberto Gil(Brazilian Minister of Culture), Spoon, My Morning Jacket, Zap Mama, and David Byrne.

      The Tracks are as follows: :01 Beastie Boys/ Now Get Busy :02 David Byrne/ My Fair Lady :03 Zap Mama/ Wadidyusay? :04 My Morning Jacket/ One Big Holiday :05 Spoon/ Revenge! :06 Gilberto Gil/ Oslodum :07 Dan the Automator/ Relaxation Spa Treatment :08 Thievery Corporation/ DC 3000 :09 Le Tigre/ Fake French :10 Paul Westerberg/ Looking Up in Heaven :11 Chuck D with Fine Arts Militia/ No Meaning No :12 The Rapture/ Sister Saviour (Blackstrobe Remix) :13 Cornelius/ Wataridori 2 :14 Danger Mouse & Jemini/ What U Sittin' On? (starring Cee Lo and Tha Alkaholiks) :15 DJ Dolores/ Oslodum 2004 :16 Matmos/ Action at a Distance

      --
      "For years, I struggled with reality... but I'm happy to say I finally won out over it." -- Elwood P. Dowd
    2. Re:Open Source Tunes by jeffehobbs · · Score: 2, Informative


      a legal torrent of which is here.

      I like the David Byrne and the Le Tigre track, the rest is a little so-so, IMHO.

      ~jeff

    3. Re:Open Source Tunes by DNS-and-BIND · · Score: 1

      Wow, a legal torrent! First one ever, I suppose. Even had to tag it as being legal due to natural assumption by moderators that it's probably dodgy, as happened when someone posted a torrent to GTA4 or whatever earlier today.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  5. Rosen's view of copyright.. by doormat · · Score: 5, Insightful

    "Farmers can leave their property to their children; why shouldn't songwriters be able to leave their songs to their children?"

    Uh, perhaps because thats not what the original intent of copyright. Copyright is supposed to be for a limited time, and then to enter the public domain. Property is forever (well, 'til the world ends).

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
    1. Re:Rosen's view of copyright.. by Pragmatix · · Score: 1

      And property is taxed, so you can't just hold on to property forever. Perhaps if they taxed IP copyrights similar to property than I could see a case in being allowed to hold a copyright forever..

    2. Re:Rosen's view of copyright.. by shark72 · · Score: 0, Troll

      That's not the context in which she meant it. It was in the context over her and Lessig's disagreement of the copyright term extensions act which pushed the maximum term to life of author + 70 years.

      Rosen argues that this way, a copyright can be a legacy. This aligns those people who make money via their creative output (as opposed to, say, tilling a field or screwing plastic things together on an assembly line) to be in a better position to support their family once they've shrugged this mortal coil. She was not arguing that copyright terms should be forever (such a change would, of course, be unconstitutional). Her analogy stopped at leaving a legacy for one's children.

      Such a philosophy doesn't sit well with a portion of the Slashdot crowd who think that society would be better off if artists and writers knew their place -- give away your stuff for free, and hope that you make money by playing live concerts or live book readings. If somebody violates your copyright, don't fight back too hard -- you should be lucky to get what you get. And a big hearty fuck-you if you're uppity enough to put copy protection or DRM on your work -- what's done with your work should be the choice of the Slashdotter, not you. If you have the same aspirations of being a millionaire that, say, a (insert typical Slashdotter profession here) has, check yourself -- you're an artist, and if wandering the countryside in search of scraps was good enough for artists of the 13th century, it's good enough for you. In short -- know your place. A farmer gets to leave a legacy for his children. You don't.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Rosen's view of copyright.. by pilgrim23 · · Score: 3, Insightful

      Indeed so. I have no idea who is owed all the back copy write fees for the works of Aristotle. Think of all those monks in the middle ages making their unauthorized quill pin "rips" of his work... Or the plays of Aristophanes From circa 400BC till 2004 AD there is one heck of a back interest payment. Definitly for the Birds... The current view of copy write law amounts to stupidity. The whole idea was to protect the IP for a "Limited Period of Time".

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    4. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 5, Insightful

      artists have to do the same things the rest of us do: work for a living.

      and if they are successful, they can do the same thing the rest of us can do: leave a big inheritance.

      Farmer: has a farm.. gets to leave it to the kids

      Artist: has musical instruments.. gets to leave them to their kids

      Farmer: makes a crop: can't leave it to the kids, it'll spoil or it got sold already

      Artist: makes music: can't leave it to the kids, because they already have it! it's just information!

      So, if the kids want to get rich from the farm, WORK THE LAND!

      And if you want to get rich from music, WORK THOSE INSTRUMENTS!

      as an ex-musician myself, I understand. making CDs (or tapes in my case, it was a while ago). it's a tough business. But you're not entitled to a damn thing, and neither is the plumber, or a doctor.. or anybody else.

    5. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0


      This aligns those people who make money via their creative output (as opposed to, say, tilling a field or screwing plastic things together on an assembly line) to be in a better position to support their family once they've shrugged this mortal coil.


      Well ... If the person tilling the field happens to be in the landed class, then yes, they too can leave a legacy (the land, not their work). Otherwise they better save up cash from the piecework that they've done over the years (just like the assembly line worker you mention) or their progeny will have to fend for themselves.

      The farmer's legacy likely as not will be broken up and sold for taxes when he dies. Are you suggesting that we tax IP like we tax other property?

      That may work. "Productive" IP would support itself and its owners. "Fallow" IP could either have its tax burdon subsidised by a sentimental owner who wants to hold on to it, or revert to the public domain.

      Such consequences don't sit well with a portion of the IP == property crowd. They want control and profit, but are unwilling to pay reasonable property taxes on the materials that they declare is their property.

    6. Re:Rosen's view of copyright.. by BillyBlaze · · Score: 5, Insightful

      A farm is capital - a tangible thing you can use to make money, a means of production. You can't farm without a farm. When a farmer dies, he passes his farm, his tractor, etc. to his children, and they use it to make money. If he had money, he passes it to his children also. The creative equivalent of a farm is pens, paper, instruments, recording hardware, and creativity - all of which a musician can pass down to his children. And he can still pass down his money, and he even gets to pass down his name. But a farmer's child isn't guaranteed income unless he farms the farm, thus becoming a productive member of society, so why should an author/musician's child expect to get income unless he writes/sings/etc?

    7. Re:Rosen's view of copyright.. by cranos · · Score: 2, Insightful

      Copyright is not designed to be a legacy to be passed down from generation. Intellectual Property is not the same as physical property. Ever since the idea of Copyright and IP was born it has always been made quite clear that eventually it goes to the community, this is why there are limits on the amount of time you get a copyright for(even if they are obscenely long).

      Ideas should be treated differently from physical possessions, its the only way a culture can truly advance.

    8. Re:Rosen's view of copyright.. by leonscape · · Score: 1

      Agreed, also why should a few years work for one, support them their children, their children's children... for the rest of their lives, why everyone else's children have to keep working?

      Its not like they don't get compensated for the work, ( Sometimes by astronomical amounts ) but their grand children as well?

      Everyone else has to invest, to leave something to their children, apparently If grandad's an author then its kickback and relax.

      --


      If a first you don't succeed, your a programmer...
    9. Re:Rosen's view of copyright.. by GlassHeart · · Score: 3, Funny
      you're an artist, and if wandering the countryside in search of scraps was good enough for artists of the 13th century, it's good enough for you. In short -- know your place. A farmer gets to leave a legacy for his children. You don't.

      Sorry, what stops an artist from selling art and buying some land to pass on to his or her children?

    10. Re:Rosen's view of copyright.. by tdvaughan · · Score: 5, Insightful

      Surely the point is that every artist, writer and otherwise creative person is only able to be creative in that way because they're able to build on the past creativity of others. This is the deal: when you benefit from previous generations' work, fine. Just don't block the next generation from benefitting from your work in the same way. And if what you've made is popular enough then you'll have earnt enough from it to leave your children enough of a legacy for anyone.

    11. Re:Rosen's view of copyright.. by Frizzle+Fry · · Score: 1
      And property is taxed, so you can't just hold on to property forever.

      Huh? If I have a quilt that my grandmother sewed and was passed on down my family, your saying that I pay continual taxes on it? That I can't pass it down forever? Or that it isn't my property? What you say may be true of a few types of personal property (e.g., car, land), but most of what belongs to me can be held onto forever.
      --
      I'd rather be lucky than good.
    12. Re:Rosen's view of copyright.. by shark72 · · Score: 1

      " Copyright is not designed to be a legacy to be passed down from generation."

      The purported rationale of the new extension to lifetime of author + 70 years is just that -- so a copyright holder's children can benefit if the copyright holder has an untimely death. In short, the current law is designed to allow for a legacy. It's no coincidence that 70 years is also about the average lifespan of a human being. Rosen made the "passing along to children" analogy but I think a lot of us are incorrectly reading that as "and to their children, and to their children, ad infinitum."

      BTW, I wrote "purported" because I believe that the primary reason for this latest extension was the heavy lobbying by Disney. Disney is surely benefitting from the change, but so are the hard-working individuals who hold the majority of copyrights.

      --
      Sitting in my day care, the art is decopainted.
    13. Re:Rosen's view of copyright.. by back_pages · · Score: 1
      In short -- know your place. A farmer gets to leave a legacy for his children. You don't.

      As an amateur recording artist who would love to be be a professional musician some day, you hit the nail on the head.

      What of the professional athlete? What legacy does he get to give his children? The police officer? The plumber? The teacher? They know THEIR places. They don't get to hand down a fortune in real estate by simple virtue of their profession. Why the hell should a musician be any different?

      What makes the analogy false is that a farmer who passes down the farm is a business owner, to whatever extent the mortgage has been paid. If a recording artist forms a production company, well shit-bang he has something to pass down to his children. The police officer still has nothing, of course, same as the teacher and the plumber.

      It might not go over well with the average Slashdotter, but neither to facts or well-reasoned opinions, in many cases. A creative work is not real estate. Until it is real estate, the idea that an artist could pass it down to his children is the pinnacle of ridiculousness.

    14. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      Yeah, someone ought to do something about those greedy farmers, too...

    15. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      Yeah man! This copyrite idea is totally rediculous. It is teh end of civilisation as we know it. Its like passing a law to protect the IP of....say hammer and nails. You go buy a hammer, but they tell you that you only bought a license. Then they want to charge you for each nail that you hammer.

      Or imagine like when you buy your car they give you like a license, and tell you that you do not own it but have to report where you drive, on what roads you drive, how fast you drive, and how many miles you go. Then they charge you for each trip cause they allegedly own the IP on the car. If you build your own car, they pull the DMCA out of their ass.

      Isn't that totally rediculous?!?!

    16. Re:Rosen's view of copyright.. by JanneM · · Score: 2, Insightful

      You can keep your song, and give it to your children, and their children for as many generations as you want. Just keep it for yourself. Of course, with nobody ever being able to hear it outside your family, not many people get any pleasure from it.

      What copyright is intended to do is very similar to patents (since ideas tend to be in sort-of the same situation). They grant you a time-limited monopoly on the use of the song - and this is a benefit you did not have without copyright. You pay for that benefit by it being time limited and having your song become public domain after that time ends.

      This way both parties win - the holder gets a limited time to make the most of their media/idea, and in return, the public (or society at large) gets full and free use of the media or idea to build on after that period ends.

      Note that this deal is totally volontary - if you don't want your song to ever become public domain, then just never release it. But you can't reasonably expect to be granted the gift of a monopoly without ever paying anything back, do you?

      Of course, that seems to be what media companies are striving for at the moment...

      --
      Trust the Computer. The Computer is your friend.
    17. Re:Rosen's view of copyright.. by captnitro · · Score: 1

      I think you kind of underscored the grandparent's point via your continuation of the analogy.

      A farm is a tangible thing you can use to make money, but despite having all the tools (the tractors, the barn, the pitchforks), you still need the property. You can't farm without the land.

      Now, if the creative equivalent of the farm tools is pens, paper, instruments, and recording hardware, but you're missing out on the exclusive right to farm the land -- the tools won't do you any good. The farmer's children don't necessarily make money just because they own the land, but should they choose to, they can.

      In fact, one of the most popular ways they can make money is by selling it, or even letting others farm the land for a share of the profits. The point here is this: long-life copyrights aren't necessarily the root of the problem. The copyright holders that refuse to do anything with them is, also.

    18. Re:Rosen's view of copyright.. by FuzzyBad-Mofo · · Score: 1

      I think it's interesting how the arguments for intellectual property sound when placed in the context of early man:

      Arrr! Ugg steal fire from Argh! Now Argh no pass legacy of fire to little Argh! Now anybody make fire. Fire stealers bad, must crush!!

    19. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      the quilt is not of value.

      fine, you can keep it forever and pass it on, you just cant profit from it. otherwise it has value and should be taxed like property such as land

    20. Re:Rosen's view of copyright.. by Eskarel · · Score: 1
      First we'll get out of the way the problems here. Musicians, like any other form of creative talent can leave a legacy for their children. They can leave them signed copies of their first album, or other sorts of junk all of which, assuming you were successful enough that your song will have any value after your death anyway, will have monetary value, probably, depending on what it is, more than your average farm.

      You can of course also leave any money you happened to accumulate during your life as can anyone else. Of course most artists don't accumulate that much money because the record companies are screwing them as badly or worse than their screwing the public, which is the real problem with this whole argument.

      Now as to the issue of copyright extensions in general. Firstly I have the general feeling that artists were probably at the very bottom of the list of concerns when the concepts of patent and copyright were first hashed out so perhaps the rules aren't as fair to them, but still. The general purpose of copyright has always been to provide a form of limited term compensation to creative types encourage them to continue creating, rather than going off to do something else. This was so that creative types would use their talents to improve society.

      Now with current copyright terms we have a problem, we encourage the initial creation, but since one successful idea/song/book/etc could theoretically set you up for both your lifetime and your children's lifetimes, then you no longer have any motivation to create and so society loses. If you had 20 or 30 years then you'd be encouraged to spend those 20 or 30 years working on a new book a new idea a new whatever it is you do and society would benefit(the whole purpose of copyright in the first place, I doubt congress or parliament or whoever came up with it first gave a fig about whether artists could survive being artists as opposed to something else, they just didn't want creative content to dry up).

      Now onto a slightly less related rant. Personally I don't think companies should be able to hold copyrights or patents, they should be able to sign contracts allowing them say no more than 50% of the profits and sole distribution rights for a certain set period of time(less than the term of the patent or copyright) to recompense them for laying out money on the artist/inventor/etc in the first place, but patents and copyrights should belong to the person or group who developed them in the first place.

    21. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      Such a philosophy doesn't sit well with a portion of the Slashdot crowd who think that society would be better off if artists and writers knew their place -- give away your stuff for free, and hope that you make money by playing live concerts or live book readings. If somebody violates your copyright, don't fight back too hard -- you should be lucky to get what you get.

      No.. that's your misinformed idea of what most slashdotters prefer.

      The Copyleft from the FSF and the GNU License are very strong forms of copyright. Go read up on it before you spout off like this. It's really embarrasing for you.

      Most people agree that programmers and artists have a lot in common when it comes to intellectual property issues, something you clearly know nothing about.

    22. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0
      "Rosen argues that this way, a copyright can be a legacy. This aligns those people who make money via their creative output (as opposed to, say, tilling a field or screwing plastic things together on an assembly line) to be in a better position to support their family once they've shrugged this mortal coil. She was not arguing that copyright terms should be forever (such a change would, of course, be unconstitutional). Her analogy stopped at leaving a legacy for one's children."

      This is a false analogy. The artist has already made money from the copyright. They can invest this money for their children.

      The question is if they are able retain their piece of work, indefinitely. Not "forever", you correct. Instead, for a period currently of copyright holder's lifetime plus 70 years, until the next copyright extension. Which is coming as soon as Mickey's cartoons come up for expiration.

      I say not. I believe in strong but limited copyright. A sane version of copyright. The version of copyright that Thomas Jefferson held, that of a necessary evil. The reason why copyright exists is to give the artist an incentive to create works. It is given by the public. Eventually it must revert to the domain of the public, i.e. Public Domain.

      That is why copyright exists. Not so that your grandkids grandkids can get a cut of "Happy Birthday". Indefinite ownership of art hampers society.

      The dirty little secret is that all works of art gain inspiration and technique from that which has gone before. Without the Brothers Grimm, Disney would be short more than a few movies. If Shakespeare's Heirs controlled his works, think of all of the different works that could be sued for plagiarism. Heck, if Albrecht Durer's estate patented perspective, almost all commercial art wouldn't exist.

      Take a look at who you are siding with. I'm on Thomas Jefferson's side.

    23. Re:Rosen's view of copyright.. by _Sprocket_ · · Score: 1

      What a facinating idea. There could be a rather nasty suprise waiting for the camp that wishes to legally define "intellectual property". Once ideas become legally coded as a form of property, maybe even to the strongest sense of the law - real estate, then there's a whole slew of additional laws that govern the ownership of that property. It would represent quite a boon for government on available tax base alone.

      And this stuff about legacy? It brings to mind ancestral estates. How many old bloodline families have had to turn over castles, manors, ranches, and other large estate items as that family finds itself no longer with the means to maintain the tax base the property represents? Legacy, indeed.

    24. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      There are many problems with your stance. First copyrights do not protect artists, they protect large corporations namely the record labels. Artists get little to nothing from their work. I would agree on their positions if two things were put in place. (1) corporations can not own IP, only the creators of the product, and the product goes with the person when they leave the company. (2) record labels, publishing companies etc. can only claim 20 % of the gross of the product.

      This would result in a sudden shift of power from the labels to the artists, they wouldn't let that happen. They still use the tactics of getting artists hooked on drugs so they can control them.

      Another issue is yes artists do leave a legacy for their children it is called DNA. The artists or athelete, etc gives their children part of themselves and their creative abilities through the mere fact they are father/mother and child. A farmer leaves their land to their kids and they teach them to farm. The artist can also teach their children to sing/dance/play football, etc and can give them their worldly possessions when they die.

      Another issue is that copyrights really should last longer than 20 years. Exactly what percentage of anything is still relevant 2 years after it was produced, much less 20 years. For every led zepplin there are a hundred Bangles. 7 years should be the max for patents that way we encourage creativity and increase the speed at which new technology grows, just like the copyright laws intended.

      DRM and copyprotection have many issues. First it causes damage to the systems. I have had to format many a computer because of some copyright or drm scheme that has been installed on a computer that messed it up. Second copyprotection and DRM prevent you from using the item in ways it was intended. The Star Wars DVD's would not play in many dvd players because of the heavy copyprotection placed on them. If you don't believe me go to any retail store and ask how many copies of star wars were returned because they wouldn't play on the persons DVD.

      The other issue with DRM copyprotection is that it would be acceptable if they were truly selling a liscense and not a product. This should be the way it works. They sell you the liscense for the song, now if you lose the cd, damage the cd, etc they replace the cd for you, however you can't copy it, use it in any way they don't want you to. The other option is that they sell you the cd. You paid for it and you can use it in any way you want short of making copies and selling it.

      Again the record labels (not the artists) wouldn't like this.

      I will state again copyrights aren't about artists they are about large record labels. The people who make the money know about as much about music as my cat. They probably are less creative than the cat too.

    25. Re:Rosen's view of copyright.. by An+Onerous+Coward · · Score: 1

      If a farmer leaves a "legacy" to his kids, the children have to keep the farm running the way Ol' Dad used to. If a musician gets to leave a legacy of his "intellectual property," all they really have to do is sign the royalty checks, accept money in exchange for licenses, and keep enough money on hand to sue the living daylights out of every high school that uses your dearly departed's song in their video yearbook. There's nothing terribly romantic about leaving a "legacy" of a big ol' wad of cash.

      If you want to leave your kids a bunch of money, save up the proceeds generated from your time-limited monopoly on your work, invest it, and distribute it in your will. But legal permission to lock up an artifact of culture for as long as it has the tiniest shred of market value (and beyond, for the vast majority of works) is not a legacy.

      The way it was supposed to work, back in the day: An artist created something. Upon publication, she has fourteen years (with an optional fourteen year extension) in which nobody else had the right to make copies of the work. In that time, she was supposed to sell copies for whatever the market would bear. At the end of that period, the work became part of our shared culture, for everyone to use and enjoy.

      Now we have copyright extensions to infinity and beyond*, DRM technologies that are aimed at making perfectly legal uses of music and video impossible (and will continue to do so even if the copyright it originally protected were to expire), people suing each other over similar chord progressions, vast archives of movies rotting away in vaults because copyright far outlasted market value, and multibillion dollar industries suing teenagers and vetoing promising new technologies instead of coming up with better ways to meet demand with supply.

      Quite contrary to your assertions, I think most Slashdotters see musicians for what they are: fellow creative professionals. But there are some limits to the control that any creator should have over his or her work, and those limits are receding in our proverbial rear-view mirror.

      * /me writes royalty check to Pixar.

      --

      You want the truthiness? You can't handle the truthiness!

    26. Re:Rosen's view of copyright.. by AstroDrabb · · Score: 4, Insightful
      A farmer gets to leave a legacy for his children. You don't.
      Dude, you are WAY off. Copyright was supposed to be for a LIMITED time and to create a LIMITED monopoly for the ORIGINAL copyright holder. Not to leave a "legacy" to your children's, children's, children. There is no WAY that the ORIGINAL copyright holder is going to benefit from a copyright 70 years after they are DEAD. How can a person benefit from something after they are dead? That is insane and against the original purposes of copyright.

      A copyright owner can still leave a legacy for their children. Then can take the money they make from that copyright and do something good with it so that it is there for their children. Copyright was NEVER about passing it along to your kids. Your kids are not the ORIGINAL copyright holder or author and should have NO right to it. It should be in the public domain. The WHOLE point of copyright is to move works in to the public domain. Not to make sure that some copyright holders kids get a bunch of money.

      The problem with copyright is because of people like you who think that the purpose of copyright is to give you an UNLIMITED stream of revenue. The purpose of copyright is to influence the creative arts by giving a LIMITED monopoly to a work. After that LIMITED (IMO 15 - 20 years) time, that work becomes the public domain, thus creating an incentive to CREATE AGIAIN.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    27. Re:Rosen's view of copyright.. by Saeger · · Score: 2, Funny
      And if you want to get rich from music, WORK THOSE INSTRUMENTS!

      Ahh... but I was hoping to hit it big so that my great-great-grandkids could live off artificial-scarcity royalties for the rest of their spoiled, unproductive lives -- a healthy commons, and 'working' for a living be damned.

      --

      --
      Power to the Peaceful
    28. Re:Rosen's view of copyright.. by johansalk · · Score: 1

      "So, if the kids want to get rich from the farm, WORK THE LAND! And if you want to get rich from music, WORK THOSE INSTRUMENTS!"

      This analogy is flawed. You're comparing a farmer with an instrument player, not a farmer with a songwriter.

      This would be just like saying that any ordinary clerk, or indeed anyone who knows how to use pen and paper, can be a James Joyce or TS Elliot. Sure not, and likewise, not everyone who has a musical instrument, or even knows how to play it, can write a popular and valuable song.

    29. Re:Rosen's view of copyright.. by gjc314159 · · Score: 1

      And not everyone who farms makes money at it. In fact most don't, it is perhaps even more unforgiving then being a musician . But one's children are protected the others aren't, why?

    30. Re:Rosen's view of copyright.. by Hard_Code · · Score: 1

      "you're missing out on the exclusive right to farm the land"

      You only need exclusive right to farm land, because land is finite. However, art can be replicated digitally indefinately, and is does not need to be exclusive to a single person. One person can "farm" it, or two people can "farm" it, or 6 billion people can "farm" it. In fact, it's this "farming" that we call culture. The "media industry" isn't the be-all end-all source of culture...it in fact feeds off popular culture. I mean, did Fox ask permission to place their 70s show in Wisconson? Or use period clothing and products and automobiles? You can tell when copyright has gone awry when you see people sing "Happy Happy Birthday Birthday *clap* *clap*" in TV shows because some fucker has perpetual right to that stupid song which is legitimately part of the culture.

      --

      It's 10 PM. Do you know if you're un-American?
    31. Re:Rosen's view of copyright.. by shark72 · · Score: 1

      "Copyright was supposed to be for a LIMITED time and to create a LIMITED monopoly for the ORIGINAL copyright holder."

      You're correct about the "limited" part (it's in the constitution) but do you have a citation regarding your "original" claim? In reading various histories of copyright law I can't find a reference to when the ability to transfer a copyright was added to the law. Chapter 2 of US copyright law is called "copyright owner and transfer" so I'm guessing that transferring has been part of the law since the early days; at least for the past 100 years or so. If you know differently, please englighten me.

      "The problem with copyright is because of people like you who think that the purpose of copyright is to give you an UNLIMITED stream of revenue."

      I don't understand what you mean. People like me? The phrase "limited time" is in the constitution. That concept is one of those 1L "intro to copyright law" things.

      --
      Sitting in my day care, the art is decopainted.
    32. Re:Rosen's view of copyright.. by Daniel+Dvorkin · · Score: 4, Interesting

      Such a philosophy doesn't sit well with a portion of the Slashdot crowd who think that society would be better off if artists and writers knew their place -- give away your stuff for free, and hope that you make money by playing live concerts or live book readings. If somebody violates your copyright, don't fight back too hard -- you should be lucky to get what you get. And a big hearty fuck-you if you're uppity enough to put copy protection or DRM on your work -- what's done with your work should be the choice of the Slashdotter, not you. If you have the same aspirations of being a millionaire that, say, a (insert typical Slashdotter profession here) has, check yourself -- you're an artist, and if wandering the countryside in search of scraps was good enough for artists of the 13th century, it's good enough for you. In short -- know your place. A farmer gets to leave a legacy for his children. You don't.

      [wearily] The people who say this kind of thing are hardly ever artists or writers themselves. Very often they're parasites (like Rosen and Valenti) who want to get rich off artists' work, however.

      I am a writer, among other things; I make a not-insignificant amount of money off writing, and you can be damn sure I want every penny my books earn. However -- I do not believe that my work is perpetually my property, or that of my heirs; perhaps more to the point, I do not believe that it is perpetually the property of my publisher, or any corporation, and most especially not of scumsuckers like the RIAA, the MPAA, or Disney (this last being mentioned because it's largely due to the Mouse's efforts that we have the absurdly extended copyright laws we do.) The government makes, or is supposed to make, a deal with the creators of original work: you put your work out there for people to enjoy (and hopefully buy) and in return, we will protect your right to profit from that work for a limited time. Period. If you don't like it, lobby to amend the Constitution.

      My equivalent of a farmer's field is not my book. That would be my computer, which is unlikely to be of any use to my children by the time I die ... My books are the equivalent of a farmer's crop. No rational person would argue that farmers should be paid in perpetuity for crops they harvest once.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    33. Re:Rosen's view of copyright.. by WarmBoota · · Score: 5, Insightful

      So write your goddamn song, sell it as a jingle to Pepsi and buy a goddamn farm. Music and literature are derivitave works that owe their existence to the work of earlier artists.

      Take a look at Disney. Instead of contributing back to the Public Domain from which they've built their empire, they hoard their characters (which belong to the common lexicon) and swallow real creative places like Pixar.

      Physical property, unlike creative works is limited. That's why we afford it special protection (and why governments choose to levy taxes on certain forms of it). Ideas and creative works are different, not just in their lack of physicality, but in the fact that our use of those ideas is colored by our perceptions and by our life experience. I might see or hear something different in your work and want to emphasize that myself (think decent cover versions of songs).

      I really think that artists need to be compensated for their contribution to society, but I don't think that copyright protection should extend past 15-20 years. I am extremely opposed to their children inheriting the rights to their works. Give them the house and the car, but make them get a job for chrissakes!

      Finally DRM technologies should be eliminated for the benefit of future generations. What good is copyright expiration if you can't get access to something because the key is lost

      --
      90% of everything is crap. Also, crap is relative.
    34. Re:Rosen's view of copyright.. by AstroDrabb · · Score: 1
      You're correct about the "limited" part (it's in the constitution) but do you have a citation regarding your "original" claim? In reading various histories of copyright law I can't find a reference to when the ability to transfer a copyright was added to the law. Chapter 2 of US copyright law is called "copyright owner and transfer" so I'm guessing that transferring has been part of the law since the early days; at least for the past 100 years or so. If you know differently, please englighten me.
      I was not very clear about ORIGINAL. What I was meaning was to be based on the DATE for the ORIGINAL copyright holder. It doesn't matter if you tranfer a copyright 1,000 times. What matters is the corruption by allowing a corporation or an individual to hold a copyright for more then about 20 years or so. Life + 70 years is NOT a LIMITED time. To the copyright holder (the one that the life + 70 is based on), it is an unlimited time since they have the copyright for their WHOLE life, thus from the perpective of the copyright holder it is really unlimited and IMO unconstitutional.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    35. Re:Rosen's view of copyright.. by Johnny+Fusion · · Score: 1
      There is no WAY that the ORIGINAL copyright holder is going to benefit from a copyright 70 years after they are DEAD.

      But Mickey Mouse will NEVER DIE.

      Hey, maybe that is why they keep Walt on Ice, so if the Copyright Law does not change to perpetualy keep Steamboat Willy out of the public domain, they can thaw him so he can announce, "I'm still alive! Steamboat Willy is mine!!! mine!!!"

      (two hour old story? This should be safe from the mods...)

      --
      There are two kinds of fool. One says, This is old, and therefore good. And one says, This is new, and therefore better.
    36. Re:Rosen's view of copyright.. by QuantumG · · Score: 1
      There is no WAY that the ORIGINAL copyright holder is going to benefit from a copyright 70 years after they are DEAD. How can a person benefit from something after they are dead?

      Copyright isn't supposed to benefit authors, it is suppose to change their behaviour. Someone who might never create anything without an incentive may choose to write a great novel because they feel a responsibility to provide an inheritence to their children. That's why copyright is valid for 50 years after the death of the author (or whatever your country equivilent is).

      --
      How we know is more important than what we know.
    37. Re:Rosen's view of copyright.. by Red+Pointy+Tail · · Score: 2, Interesting


      That's why they have high inheritance tax - if you didn't earn it, then you really shouldn't be enjoying it that much.

      Maybe they should have a copyright inheritance tax or something - upon death, 50% of the copyright revenues goes to the government, and after two generations most companies won't bother to hold on to it.

    38. Re:Rosen's view of copyright.. by lendude · · Score: 1
      Thanks Daniel,

      One of the best posts for a long time. Great to hear an artist's persepective on the issue rather than a bunch of spin from paid shills invoking artists' 'rights' whilst violating them at the same time.

      Cheers

      --
      "Get off the cross - we need the wood" - Tori Amos
    39. Re:Rosen's view of copyright.. by Daniel+Dvorkin · · Score: 1

      :)

      My pleasure, and thanks!

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    40. Re:Rosen's view of copyright.. by arose · · Score: 1

      Death should have NOTHING to do with the lenght of copyright.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    41. Re:Rosen's view of copyright.. by C.Batt · · Score: 1
      But Mickey Mouse will NEVER DIE

      Actually, this is very close to something that's been baking my brain.

      Corporations, for all intents and purposes (legally), are physically immortal "people". They don't age or get sick in the same way. And barring death by legal action (see: Enron), one of the only ways a corp can die is when it cannot generate enough revenue to meet basic expenses of operation.

      If a corp depends on the enforcement of copyright of it's IP to generate revenue, and (barring legal death) the generated revenue is sufficient to maintain, at the minimum, the basic health of the corp, and copyright does not expire unless the copyright holder dies, then the corp can never die. Because the copyright will only expire if the corp dies, which it won't, because the copyright will never expire thus ensuring a healthy revenue stream.

      Self sustaining feedback loop (again, barring external forces, such as the legal system getting in the way; but there are already hundreds of defences against that).

      Furthermore, the above scenario assumes a small, core set of copyrighted IP. However, as we know, corps also merge into larger and larger entities, thus becoming more and more diversified. At some point, they become impossible to kill because they have innumerable, perpetual revenue streams.

      Now of course, this all just theoretical clean-room navel gazing, but self-sustaining feedback is cool.
      --
      -- All views expressed in this post are mine and do not
      -- reflect those of my employer or their clients
    42. Re:Rosen's view of copyright.. by sparkmanC · · Score: 1

      Don't forget the most important piece of capitol a creative person can pass to his or her children-

      Creativity!

      Seriously though, intellectual capitol is an important factor in these new times. It is why a college education is so expensive! Don't underestimate the power of intelligence and education...

    43. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0
      I just wanted to say that I appreciate your post. I have said the same thing before, only riddled with profanity.

      Those fuckers just don't listen.

    44. Re:Rosen's view of copyright.. by bitwiseNomad · · Score: 1

      This aligns those people who make money via their creative output (as opposed to, say, tilling a field or screwing plastic things together on an assembly line) to be in a better position to support their family once they've shrugged this mortal coil.

      You seem to be missing a very important aspect of what the copyright situation is now compared to how it used to be. Why haven't we had problems with piracy in the past? I'm sure we have, but I don't think anyone would claim that things are no worse than they were 10 years ago. The same things (music, books, et al) were copyrighted back then, but people never really had a problem with rampant piracy before now. What has changed since then? The answer is easy, but it illustrates the fundamental difference between something a musician does and something a farmer does.

      The difference is this: It is trivial to enforce the scarcity of farms and farmers, while no one can enfore the scarcity of digital recordings any more. Said another way, a farmer is able to leave a legacy to his children simply because the legacy itself is something that only one or a few people can own. At the time the USA was founded, the term property was largely understood to mean "land," and many property laws made at that time involved disputes over land. A farm is land, and that is the sole reason it is valuable. Emphasis: its value is derived directly from its scarcity. The very same plot of land a farm is built on could be used to build a shopping mall, housing, a landfill, an office building, whatever. The reason we care about what is built on what land is that there is only so much of it to go around.

      If you remember your history, you might remember that when the USA was founded, land was sold very cheaply - a person with only a little money could (within their lifetime) buy a plot and establish a household of their own. When there was a lot to go around, it was cheap. But as more and more land got bought up and developed, the price of a plot inevitably rose. We're now at the point where you have to pay some hundreds of dollars a month to live in a tiny appartment in New York.

      Why did this happen? Because there is only so much land to go around (and the amount can be measured). Land's scarcity is automatically enforced.

      What is slowly becoming apparent is that a digital recording of music does not have the same property as land does. Due to the technology we have now which makes it easy to replicate and propagate data, the scarcity of a single ditial recording can simply not be enforced. There's no good way to tell how many exist, and there's no good way to be a "gatekeeper" and control who gets what media. Someone might have been able to pull that off in the past, but not now. No matter what the laws say, a digital recording is nothing more than information, and by now, a majority of Americans have devices capable of flawlessly reproducing and propogating data. So as a result, the value of a single recording will tend towards 0 as the number tends towards infinity. This is perfectly natural and follows from economic theories.

      My point follows:

      Such a philosophy doesn't sit well with a portion of the Slashdot crowd who think that society would be better off if artists and writers knew their place

      You sure do seem angry, but may I suggest that the "portion of the Slashdot crowd" you are refering to have actually thought their position out and come to a conclusion that is well-reasoned and logical regardless of how much it flies in the face of conventional wisdom? Some of us have more than philosophies with regards to these issues. The conclusion I came to above comes from an application of economic theories. And frankly, I'm irked that people think it's a good idea to apply what are essentially land laws to something which simply does not have the same characteristics. In my mind, it is foolhardy. Not only that, I have provided an argument

      --

      Light is filtering down from above. Would you like to use DIVE?
    45. Re:Rosen's view of copyright.. by johansalk · · Score: 1

      If you don't like it then it's simple; don't buy music. Music is not essential.

    46. Re:Rosen's view of copyright.. by The+Cydonian · · Score: 1

      Never bothered to look up the exact details [mostly to do with not having enough $$$ to buy property :-)], but out here in Singapore, I'm told you can't technically "buy" land for your descendants; the land returns to the government after 99 years. Or something like that.

    47. Re:Rosen's view of copyright.. by Freultwah · · Score: 1

      To many people, it is.

      A friend and a talented jazz/fusion musician once decided to call his every musician acquaintance at three in the night and ask them, "Why do you make music?" Catch them unawares. Many replied, "Because I really really have to."

      To some, making music and listening to it is quite essential. Or what, should we have told Van Gogh that he'd have been better off and maybe not an ear short, had he laid off those whacky colours before it was too late?

    48. Re:Rosen's view of copyright.. by sumdumass · · Score: 1

      the parent poster was talking about real estate property when talking about taxing. On the other hand, there is such things as inheritance and gift taxes in different locations depending on the value of the object being passed down. If your quilt is worth alot of money, it could cost you to keep it and pass it down.

    49. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      And when a company owns the copyright? When is Disney's (the company, not the man) death expected?

    50. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      that's not true under the economic system that is used in some parts of the world called capitalism.

      you can make mopney just by owning capital (and obviously from ownership of things that have capital value, like farms).
      you don't have to do anything at all yourself if you have the money (not because you spend the money, but because money makes more money. if you have enough of it money can make you a hell of a lot more money than you'd be making working).

      a big enough farm can make you shitloads of cash without ever having to lift a finger.

      of course, someone is working, so something new is being 'created'. but so it is also with songs, you make money from them for as long as people are trading, listening to and playing them. just like a farm for as long as people want your food you make the money.

    51. Re:Rosen's view of copyright.. by danila · · Score: 1

      It's not that kind of farm, stupid. It's more like a rich landowner owns hundreds of small farms, where poor farmers work hard day and night to make a living. That rich sonofabitch dies and lives his estate (which, need I remind you, consists of hundreds of farms) to his son, who doesn't have to do jack shit. Meanwhile the lower class gets to work even harder.

      That's the kind of farming that uppity bitch Rosen is talking about, not the farming where you actually work (what does that word mean?).

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    52. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      If the copyrights are what the legacy is meant to be for their children, then why not give back the money gained from the monopoly rent?

    53. Re:Rosen's view of copyright.. by poot_rootbeer · · Score: 1

      But WHY isn't it the original intent of copyright that songwriters would be able to leave their songs to their children?

      The answer to this probably lies in the fact that farmland is tangible and in finite supply, while songs are neither. The son of a songwriter can make more good songs with relative ease (Jakob Dylan and Julian Lennon excluded), but the son of a farmer has no way to create more land.

      Additionally, running a farm takes continuous work and capital to be financially viable -- farming is a full-time, dawn-to-dusk job. Making a profit off popular songs your daddy wrote requires almost no effort in comparison.

    54. Re:Rosen's view of copyright.. by Anonymous Coward · · Score: 0

      Your argument suggests that creating art is essential for some. Nothing at all suggests that the consumption of art us similarly essential. Certainly not particular music (purchasing a Britney Spears album as opposed to humming Paganini's caprices for solo violin). This contradicts the Constitutional (U.S.) purpose for copyright.

    55. Re:Rosen's view of copyright.. by BillyBlaze · · Score: 1
      I think we disagree on what constitutes production. Obviously on a farm, you produce food, and society needs food, so we encourage you by buying it. You seem to view the copyright holder's production as selling copies, thus making money for himself, which he of course needs copyright to do. But in my view, what the artist produces is original work - by the time he is selling copies, the production is done. Society doesn't need copies, they need original work. In a sense, charging for copies is just leeching, but we allow this, because that's how he gets reimbursed for his production of an original work. However, there are limits - after a time, we have to say, "You've got your money, now stop leeching and go produce another product." And especially when the artist is dead, he's not producing anything, his kids aren't producing anything, nobody really deserves to be paid.

      I'm not advocating that copyright shouldn't be inheiritable - what I really want is for a reasonable limit on the term. This sets a clear limit on the amount of leeching, and gives the author the clear bargain, "You will get paid according to how much people will pay for copies over the next, say, 14 years." I think this is better than the current plan, where after making one marketable work, five generations (life + 70, and probably more by then) can get paid for producing nothing while locking up what has become a part of our society's consciousness.

    56. Re:Rosen's view of copyright.. by vluther · · Score: 1

      isn't there also the problem with land being left to children that, just because they have the land doesn't mean they will reap the benefits.

      they bought the land or somehow got to legally claim ownership of the land.. they didn't build it..

      but what do you do when something becomes public domain, like say the works of Arthur Conan Doyle.. and a publishing company makes profit off his work.. yet his kids don't ? .. isn't that a bit unfair ?

      i don't know much about law as you could tell.. but it seems both points can be argued..
      ?

    57. Re:Rosen's view of copyright.. by AstroDrabb · · Score: 1

      Umm, what country are you from? In the USA, that was NEVER the intent of copyright. Copyrights intent is to create a LIMITED monopoly for the author of a work. The incentive to create comes from getting a LIMITED monopoly on a work and THEN having that work pass into the public domain, thus creating an incentive to CREATE AGAIN.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    58. Re:Rosen's view of copyright.. by QuantumG · · Score: 1

      using CAPITALS doesn't make your argument any STRONGER. Believe it or not, a lot of people think more about their kids wellbeing than their own. So if copyright ended with the life of the artists and you were given the choice between dedicating your life to making great works of art or science vs say, aquiring a lot of real estate, you're going to choose the later. So copyright will have failed. Someone who had the ability to produce something great doesn't produce anything. That's why copyright was extended to a period after the death of the artist.

      --
      How we know is more important than what we know.
    59. Re:Rosen's view of copyright.. by AstroDrabb · · Score: 1

      This is the dumbest argument I have ever heard. If someone has a copyright and makes money from that copyright, what is wrong with leaving that money generated from the copyright to their children? So not only do can authors leave money from the copyrighted work, they can also leave the work to continue to benefit someone who was not the author of the work. Again, you are forgetting the intent of copyright. It is to create a limited monopoly for the author of a work. People are making billions off of copyrighted works, all those billions can be left to the authors children(s). No need to extend copyright past the life of an author. IMO, there is no need to extend copyright past 10 - 20 years.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    60. Re:Rosen's view of copyright.. by QuantumG · · Score: 1

      Again, you are forgetting the intent of copyright. It is to create a limited monopoly for the author of a work.

      That is not an ends, how can it be an intent? What's the purpose of this limited monopoly? I claim the purpose is to change the behaviour of artists and other creators of copyrightable work. You seem to claim that it is for either no purpose or to satisfy some inalienable right.

      --
      How we know is more important than what we know.
    61. Re:Rosen's view of copyright.. by AstroDrabb · · Score: 1
      What's the purpose of this limited monopoly?
      The purpose is to enhance the public domain. That was the original purpose. And the means to achieve that was to give a limited incentive to artitist to create. Greed has taken over and big corps and "artitst" now want a lifetime right to works and not release them into the public domain. Copyright was originally a contract between "The People" and the artists. "The People" granted the artist a limited monopoly allowing them to control who has a right to sell a work; in exchange, "The People" were to get that work as public domain after a limited time. I am sorry, but I do not consider more then 100 years a limited time. If you take an average age of say 75, and add 70 years to that, that is 145 years. Basically and work of art created during my lifetime will never be available to me as a public domain work for me to enjoy or use as a base for my creative work.

      Having such a long copyright actually creates less of an incentive for an artist to continue creating works since they can get very rich and milk one work of art until they die. By having a reasonable copyright of 10 - 20 years, that give the artist enough time to make a nice sum of money from the work and then it will encourage them to create again further enhancing the public domain.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    62. Re:Rosen's view of copyright.. by cyberphotographer · · Score: 0
      "Farmers can leave their property to their children; why shouldn't songwriters be able to leave their songs to their children?"

      ...because you can't make thousands of cheap copies of a farm?

  6. Wings by Tackhead · · Score: 1
    "Hilary Rosen Loves Creative Commons..."

    And in her next interview, she'll tell us how her newly-sprouted wings and "lighter-than-air defense" helped her team take Old Nick's Cup in Game Four of the Ninth Circle Hockey League playoffs.

  7. Only problem: by Anonymous Coward · · Score: 2, Insightful

    Nice that Mrs Rosen things Creative Commons is nice and all. Only problem: Nobody cares about Mrs Rosen anymore since she isn't RIAA chief anymore.

  8. Re:incompatable with gpl by ptlis · · Score: 0

    Could the GPL even apply to music? I'm trying to comprehend how it would work; would you have to make available individual pieces of track (probably bad phrasology here, I mean for example just the drums you can hear in the background or just the vocals) in the same way the GPL means you have to make the source freely available and modifiable? Don't get me wrong, I think the GPL is great for programs but I really can't see it working for something like music...

    --
    There's mischief and malarkies but no queers or yids or darkies within this bastard's carnival, this vicious cabaret.
  9. Re:incompatable with gpl by MP3Chuck · · Score: 2, Interesting

    " it's still IP, and thus should be more open."

    What the hell more do you want? The individual unmixed tracks ready to load up in Pro Tools (or should they use a more OSS-friendly file format)? The instruments they were played on and sheet music to go with it?

    Some people will never be satisfied ... damn.

  10. man tar? by fiddlesticks · · Score: 2, Funny

    from the FA:

    'After spending the summer decompressing in Italy with my family'

    sorry, she spent the summer running

    tar -zxfv ./

    on herself, or her family too?

    wtf does 'decompressing' mean if you aren't a deep sea diver or a tar/zip file?

    is she aware of the patents on some de-compression work?

    1. Re:man tar? by dbIII · · Score: 1
      'After spending the summer decompressing in Italy with my family'
      That's what deep sea divers do to unbend a little.
  11. In other news... by davmoo · · Score: 2, Insightful

    And next week we'll see Saddam Hussein proclaiming that he is in favor of democracy.

    I trust Hilary Rosen to really support Creative Commons about as much as I expect Bill Gates to support Linux.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:In other news... by Qzukk · · Score: 1

      This isn't some trippy mind warp concept here.

      It basically boils down to "I support the right for artists to license their output in any way they see fit. I expect you to do the same for those who see fit to sell it in overpriced crappy albums" though perhaps not in so many words.

      Frankly, a lot of the people on the "closed" side of the IP line fail to understand that if they deny the rights of the "open" side, they're denying some of the base concepts of IP. Next time you hear people talk about how GPL is the devil or whatever, think about what their product would be like if there was no legal grounds for licensing IP in any way you saw fit.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:In other news... by Midnight+Thunder · · Score: 3, Insightful

      And next week we'll see Saddam Hussein proclaiming that he is in favor of democracy.

      I trust Hilary Rosen to really support Creative Commons about as much as I expect Bill Gates to support Linux.


      People change, as do what influences them. These people in protect their opinions because of their vested interests. If the situation changes, then their point of view may change too. Any smart person is capable of accepting the benefits of someone else's point of view if there are indeed real benefits.

      Remember Hilary Rosen is no longer in charge of the RIAA, so she doesn't have to play the same game, even if she still believes in the mantra she preached. In fact reading the article shows that she understands that the record industry is in need of change, but as the same time people should not accept everything for nothing. She sees the CC as choice made by the artist about the accessibility to their works, which is different from someone deciding to do something with a copyrighted piece of work that the copyright does not permit.

      --
      Jumpstart the tartan drive.
    3. Re:In other news... by advocate_one · · Score: 1
      And next week we'll see Saddam Hussein proclaiming that he is in favor of democracy.

      He is... one man, one vote...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    4. Re:In other news... by Anonymous Coward · · Score: 0

      People change, as do what influences them. These people in protect their opinions because of their vested interests. If the situation changes, then their point of view may change too. Any smart person is capable of accepting the benefits of someone else's point of view if there are indeed real benefits.

      In other words: Fuck all principles. As long as it benefits ME, I'll lie and believe in whatever necessary to maximize profit.

      And you don't see anything wrong in that?

      You truly disgust me.

    5. Re:In other news... by Anonymous Coward · · Score: 0

      And in case the point was lost to you:

      Somehow, there is a belief in the western world that capitalism is the answer to everything. That as long as everybody is only looking after themselves, everything will be ok.

      This is a totally false belief. We have a government, that is supposed to guide the nation. Without it we're lost, so we're already dependent on good will from other entities. There is also a citizen responsibility to look after eachother and the nation. This should also extend to corporations.

      In the end, to only be egoistic doesn't make economical sense. The US didn't give Marshall aid after WW2 just to help out, but to rebuild a potential market in Europe.

      Somehow the egoistic tendencies in our society has increased. Principles have been forgotten, or become stale. Values are being laughed at as old-fashioned, while their inner immortal wisdom long forgotten.

      Oh yes, corporations are now offering courses in enthusiasm and joy to the workers, but as long as this is for self-benefit only, the inner core is destroyed and hollowed out by the lack of good intention. So instead of benefiting the workers, they are alienated from such programs.

      We're going to pay for this as a global community if we don't get our act together. Real values are based on something much bigger than mere self-benefit, and sensitive people will notice the absence of it right away. Most people will feel something wrong.

      I commend you for trying to understand it, but to accept it as inevitable I just can't comprehend. What life is worth living if we live in an alien world where nobody cares for eachother? How long do the joy last of getting a new VCR or other gadget?

    6. Re:In other news... by Anonymous Coward · · Score: 0

      And next week we'll see Saddam Hussein proclaiming that he is in favor of democracy

      I am not a troll, but just keep in mind that he did get near 100% of the votes in the last elections.

      He was the only candidate, but they could have voted blank in protest, and no one would have known.

  12. Why is she saying this? by Profane+MuthaFucka · · Score: 3, Insightful

    So she was only doing what she was doing before because she was paid to do it. That's not a big surprise. The only question that comes to mind is who's paying the bitch now?

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:Why is she saying this? by Synonymous+Yellowbel · · Score: 1
      So she was only doing what she was doing before because she was paid to do it.

      I could almost believe that; in theory the head of the RIAA could very well be at heart in support of free culture, but due to their responsibilities can't openly support it. However, the thing with such high-profile positions is that it's all about being in the "in-crowd" - I bet Rosen has all sorts of juicy contacts and favours to call in, and by proclaiming the joys of CC I'm sure she is burning a lot of bridges.

      If, however, this about-face is actually part of a conspiracy to bring the CC down, then they're probably all still slapping her on the back.

      steve

    2. Re:Why is she saying this? by Anonymous Coward · · Score: 0

      She isn't burning any bridges by supporting the existence of the "creative commons." It's precisely in line with her ideology of control of intellectual property. If someone chooses to freely distribute work under a license that permits redistribution then why would she oppose it? This fits perfectly with choosing not to distribute work under a license that does not permit redistribution.

    3. Re:Why is she saying this? by LostCluster · · Score: 4, Informative

      who's paying the bitch now?

      The answer to that is on page 2 of the article...
      Hilary Rosen, former chair and CEO of the Recording Industry Association of America, is a business and political commentator on CNBC and an adviser to media and technology companies.

      Basically, she's a professional pundit now.

    4. Re:Why is she saying this? by Anonymous Coward · · Score: 0

      Don't say disparaging things about people you don't know. Your comment represents the base level of /. speaking, reflects badly upon yourself, and is disgusting .... oh ... just saw your nickname. So you're into theatrics -- I suppose that is a form of valid expression so I will stop my rant. However if you hadn't labelled yourself an idiot by the nick you chose, I would have pulled out a lot more big speak. ;)

    5. Re:Why is she saying this? by Anonymous Coward · · Score: 0

      Just put me in your foes list and qwitcher bitching.

  13. Really odd by blueskies · · Score: 3, Interesting

    No one finds it really odd that suddenly she writes an article supporting the CC? What's in it for her? What is the underlying motive?

    Maybe she is trying to subvert the CC from within?

    1. Re:Really odd by Shky · · Score: 1

      It's the fact that she no longer has a motive to fight against anything other than traditional copyright. She's going where the money is (like pretty much anyone else would).

      If one was getting paid millions to "fight piracy", despite the inanity of it all, they would. Almost anyone would.

      --
      CC Licensed Serialized Story and Podcast: Ingenioustries
    2. Re:Really odd by Jah-Wren+Ryel · · Score: 1

      No one finds it really odd that suddenly she writes an article supporting the CC? What's in it for her? What is the underlying motive?

      Having lost before the Supreme Court, Larry Lessig has changed his approach to implementing copyright reform. He's also changed his name. He now goes by the name Leisure Suit Larry and every thursday he makes sweet love to Ms. Rosen and in return, she gives him the public support he needs to change the industry from within. Deep within.

      --
      When information is power, privacy is freedom.
    3. Re:Really odd by node+3 · · Score: 1

      No one finds it really odd that suddenly she writes an article supporting the CC? What's in it for her? What is the underlying motive?

      Maybe she is trying to subvert the CC from within?


      Maybe she just wasn't the evil cunt her job forced her to be? We have designed out institutions such that when otherwise good people try to do good and become successful, they find themselves increasingly faced with having to compromise their ethics.

      Now that she's out, perhaps her soul is no longer distorted by her job, and she's trying to regain her lost innocence and idealism by making a feeble attempt at a moral act?

    4. Re:Really odd by Anonymous Coward · · Score: 0

      RTFA. She found out that the creative commons is not about copying stuff without permission, it's about copyright in the same way as the GPL, and about the artist choosing how [s]he wants the works distributed.

      She at least tries to appear to be in favor of artists rights, and probably believes it herself. So, if an artist really wants people to be allowed to copy his music, she can't say that he shouldn't be allowed to do that, because it would immidiately ruin the image she is trying to keep, and prove that random slashdotters are right when they say she only cares about corporate greed.

      Now, it may be about appearences, or she may truly care about the artists, and just have a very hard time accepting that not every artist does it for the money, I don't know.

    5. Re:Really odd by op51n · · Score: 1

      I think it's the equivalent of a politician leaving a party, having firmly stood against say, gay marriage, and then saying 'well, that was my party's view, actually I think it's a good thing...'
      Either that or she just hadn't actually had it explained to her properly. It did sound like the penny dropped when Lessig talked about it.

    6. Re:Really odd by Anonymous Coward · · Score: 0

      Maybe she is trying to subvert the CC from within?

      Hilary Rosen supports it so it must be bad!

    7. Re:Really odd by blueskies · · Score: 1

      RTFA. She found out that the creative commons is not about copying stuff without permission, it's about copyright in the same way as the GPL, and about the artist choosing how [s]he wants the works distributed.

      Ok, AC. You are saying this powerful woman just found out about the CC. Before the RIAA filters were on too tight and CC just released their mission statement, so she never realized that the CC "is not about copying stuff without permission."

      Thank you for pointing out how I needed to RTFA again. I'll read more carefully next time. What a great head-fake by the CC to confuse the RIAA!!

  14. another day... by numbski · · Score: 4, Insightful

    another slashdot spamming script.

    Goood lord. :\

    Anyway, any step toward sanity is a good one, however embracing a license isn't enough for me to start singing around a campfire with them.

    Stop suing your customers, then perhaps we'll talk.

    BTW, link 'o the day. CmdrTaco on TechTV!
    http://www.g4techtv.com/flashpop.aspx?vid eo_key=88 92

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:another day... by mdielmann · · Score: 1

      What would you sing, anyway. Know any good campfire songs from prior to 1929 or thereabouts?

      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:another day... by Inda · · Score: 1

      Why was I expecting to see nice clothes, styled haircut, good body language and confidence?

      Bill Gates look-a-like? Oh yes.

      Smug? Oh yes.

      Side parting? Step out of the eighties please.

      No sound here but I expect a monotone drone.

      Un-fucking-believable... or not.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    3. Re:another day... by razmaspaz · · Score: 1

      Stop suing your customers, then perhaps we'll talk.

      Are they really your customers if they aren't buying anything from you? If Pirates were customers of the music industry they wouldn't be suing them.

      --
      I tried for 5 years to come up with a clever sig...only to realize that I am not clever.
  15. The RIAA's attitude in a nutshell by techno-vampire · · Score: 4, Insightful
    From the article: In a contest of greed versus theft, I suppose I chose greed as the morally superior position.

    The RIAA is basing its position on the false dichotomy of either greed or theft. They can't seem to understand that it's possible to protect the artist's rights without draconion measures or royalties that would put a robber baron to shame. Isn't it a shame that Hilary Rosen didn't learn this until she'd left the RIAA and had no more influence over their thinking?

    --
    Good, inexpensive web hosting
    1. Re:The RIAA's attitude in a nutshell by shark72 · · Score: 1

      "They can't seem to understand that it's possible to protect the artist's rights without draconion measures or royalties that would put a robber baron to shame."

      Do you think the royalties earned by artists on musical works are too high? Are the artists being too -- there's that word again -- greedy?

      FWIW, royalties typically top out at not much more than a buck for most CDs (for some it's more, and for some it's less). If Slashdotters could convince all those artists currently making a dollar per CD to reduce their royalties to zero (ie. by making money instead by voluntary donations, live performances, t-shirt sales, etc.) the total retail price of the CD would go down by about two bucks at most.

      In general, if you don't like DRM and you don't like artists who insist they get paid first, check out Magnatune. It's an "open source" record label where payment is optional and there's no DRM. Apple has sold 1.5 million tracks since their launch and has a catalog of about a million songs; Magnatune, far less so. Given this, it may be a tough sell to convince Apple and the rest that they're just going about it the wrong way.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:The RIAA's attitude in a nutshell by Anonymous Coward · · Score: 0

      What's funny about that "position" is that if you take away one, you take away the other:

      Get rid of copyright and greed is no longer a problem, because the free market will push prices down toward the marginal cost (zero). music csellers will have to compete based on quality or service or "extras", and greed will have a beneficial effect (like it does in other parts of the free market).

      And "theft" suddenly is impossible because no law will be broken.

      I wonder if those kinds of thoughts ever penetrate her flabby brain.

      Actually, has she ever sold music? Is she a musician? What dog does she have in this fight anyway at this point?

    3. Re:The RIAA's attitude in a nutshell by techno-vampire · · Score: 1
      Do you think the royalties earned by artists on musical works are too high? Are the artists being too -- there's that word again -- greedy?

      Good question, and a good point. No, it's not the royalties paid to the artists that are too high, it's those claimed by the production companies as I understand it. I wouldn't mind the total royalties so much if more actually went to the artists, but most of it goes to the middle-men who create nothing but take their share off the top.

      --
      Good, inexpensive web hosting
    4. Re:The RIAA's attitude in a nutshell by drlake · · Score: 1

      I'm curious, what do you base this claim that fees to production companies are too high? Do you have any idea how profitable they are? I don't have that information off-hand, but think about the investment. A production company requires facilities with a substantial investment in equipment plus a permanent staff that isn't going to come cheap. With their equipment and staff, they provide a valuable service to artists who would otherwise have to self-produce (probably resulting in an inferior product). Then, to top it off, if the production company is on a percentage based contract rather than a flat fee (which I bet isn't the norm, btw) they may well lose money because more musicians fail than succeed.

      If your issue is with the labels, again you need to take into account their actual profits as well as the services they provide. Marketing, distribution, etc. don't come cheap, and are essential for the success of the artists. In many cases, they don't result in a hit and the company takes a loss. On others, they make out very well, but is their aggregate profit so out of line? I couldn't find any information on their actual profits, but I suspect they are nowhere near as high as all the "information wants to be free" crowd think.

    5. Re:The RIAA's attitude in a nutshell by techno-vampire · · Score: 1

      Alas, I have no cites. I only have information I've gathered here and there. If you prefer to discount my claim, I'll not be upset. As far as the labels and so on, I know they have to make a profit; the claims I've seen suggest that the profit margin isn't reasonable. Again, I can't prove it. If you have proof otherwise, post it and I'll learn from it.

      --
      Good, inexpensive web hosting
    6. Re:The RIAA's attitude in a nutshell by 808140 · · Score: 1

      Ah, yes, you've come to the heart of the matter.

      You see, the production company came of age in another time; in a time of vinyl records and expensive analog recording equipment. The time of our parents. When recording was high-tech. Before the digital age.

      Anyone that claims that the production company never deserved its immense slice of the pie is glossing over both history and economics.

      The problem, unfortunately, is that the technological landscape of the world we live in has changed very much since the Janis Joplin days, when rebels listened to underground, unregulated FM radio because the AM bands had been reduced to 50s pop drivel.

      Technology has outpaced the recording industry. At one point, they were a huge part of the music making process. But the days of needing an expensive recording studio to produce music that sounds good are all but over. Today's small band can take a decent shot at recording their music in the drummer's garage using the profits from their part-time jobs at Starbucks and local cafes. I'm not joking. I have friends who do this.

      Now, the sound isn't as professional, or polished, as it would be in a professional recording studio. But the investment cost -- cost of equipment -- is low enough that recording has become a viable hobby for a number of my audiophile friends. Local bands pay these guys pennies on the RIAA's dollar for practically the same service -- and they don't need to sign their lives away to do it.

      Now, if your goal is to become the next Britney Spears, raking in millions on tours and TV interviews, the RIAA remains your only venue. But for the vast majority of musicians, music, not fame, is their life's blood. If they get rich or famous, great. But it's playing gigs and selling your CDs to fans that gets you going. A friend of mine recently found someone sharing a song he'd written and his band had performed on KaZaa -- was he upset? The RIAA would have you think so. No, he was thrilled. Because it meant someone liked what he was doing. It meant he was getting exposure.

      This is the problem. What 50 years ago could only be done in a recording studio that cost millions of dollars to build, now can be done by a hobbyist with a few computers and some good recording equipment. It's a direct side effect of the computer in our daily lives. It used to be that you needed fancy specialized equipment to do sound editing. Now you just route everything through your computer and do it in software.

      It isn't as good, yet, as the specialized equipment, but let me ask you: how long do you think it will be before it is?

      The RIAA, in its current incarnation, is fucked. They won't die -- but small time musicians everywhere are learning that signing your life and music away to a recording executive is no longer the only way to get your music heard. And when what you want is exposure, well, that's good news.

      There will always be Britney Spears types -- performers -- that are marketed and put on display like a Barbie doll for all to ooo and ahh at. The RIAA will always be there to do this. They will probably not make much money on the recordings of her music, though, but then, most people aren't into Britney or the Backstreet Boys for their music, are they? It's the whole package. It's seeing them live. It's using their fame to draw viewers attention -- think about it. If you're an advertiser aiming at the teen demographic, wouldn't you feel justified in paying more to run your commercials on a show with Britney making a guest appearance?

      There's still tons of money to be made here.

      Just not as much. The RIAA will have to scale down or diversify. They will have to become the AMIAA (Artist Marketing instead of Recording) Industry. Recorded music will continue to be profitable, but only if prices come down. I live in China, where buying non-pirated CDs represents a real challenge (in other words, it's not really possible). A pirated, digital copy of the original

    7. Re:The RIAA's attitude in a nutshell by drlake · · Score: 1

      Excellent post, and good point on the changing industry. I agree with you, I think the RIAA is screwed by the march of technology and sooner or later will have to adapt. In the meantime, I'm not convinced that all the villification of them is accurate so I'm trying to find actual profit and loss statements. That stuff should be public for most of the recording industry since I think they're publicly traded, but I don't know where to look for it yet.

    8. Re:The RIAA's attitude in a nutshell by drlake · · Score: 1

      I'm not discounting it, I just want some actual numbers. All I ever see is claims that the labels and such are making too much money without any actual numbers. I'd like to know what their profit margins actually are, before I get upset about their cut. I haven't been able to find that information yet, but I'll keep looking when I get around to it.

    9. Re:The RIAA's attitude in a nutshell by antiMStroll · · Score: 1
      "FWIW, royalties typically top out at not much more than a buck for most CDs (for some it's more, and for some it's less)."

      Artists make $1 per CD because they're being screwed by RIAA member companies that make much, much more per CD. That's what's so galling about those same companies' claim it's all for the artist.

    10. Re:The RIAA's attitude in a nutshell by Anonymous Coward · · Score: 0

      Copyright infringement is not theft so even the analogy is poor. I know it is often equated to theft for the benefit of the stupid but legally it isn't. How many of the recent spat of RIAA lawsuits charged individuals with theft? So it's not theft then, and she knows this and that makes her a liar.

    11. Re:The RIAA's attitude in a nutshell by Fourdee · · Score: 1

      Perhaps they got confused by the dichotomous nature of binary communication.

  16. Err did I miss by Alci12 · · Score: 3, Funny

    Hell freezing over?

    1. Re:Err did I miss by Anonymous Coward · · Score: 0

      Hell, MI (zip 48169) isn't freezing yet (55F), but it will soon!

  17. Re:incompatable with gpl by Anonymous Coward · · Score: 0

    how is it incompatible with the GPL?

  18. Only natural. by OccidentalSlashy · · Score: 3, Insightful

    I've seen it so many times before ... at first you are compelled to hang around with the artists and bohemians, no matter what your parents say. This stage is followed by a sort of dull resentment or sometimes outright hostility towards their loose ways and apparent lack of motivation, culminating in a blow-up attempt to get their money, smash their guitars, whatever (that's the part we all saw in her, and hated). Possibly this stems from an inner feeling that she is plain not good enough to be part of that community.

    But self-loathing cannot stand on its own, and eventually, it is re-directed in a healthy way -- "I LOVE the commons! What POSSIBILITY!" Yes, Hilary has come full circle at last. The healing has begun. The flame of art has travelled on!

    Welcome, Hilary! You're on the good side now! :-)

    --
    vicious, untreated political sewage...niche entertainment for the spiritually unattractive...worshipless pap
    1. Re:Only natural. by node+3 · · Score: 1

      Welcome, Hilary! You're on the good side now! :-)

      If you RTFA, you'll see pictures of her with her RIAA mask removed, showing her worm-like scarred and totured face, finally able to hear music with her own ears once again after so long.

    2. Re:Only natural. by OccidentalSlashy · · Score: 1

      I strongly prefer my phrasing.

      --
      vicious, untreated political sewage...niche entertainment for the spiritually unattractive...worshipless pap
  19. She loves a free lunch. by Doc+Ruby · · Score: 4, Insightful

    Of course Rosen loves people giving away their creative products. Disney has made a fortune from copyrighting public domain fairy tales. Rosen sees dollars from peddling CC works without paying the authors, once corporate execs find a 21st Century version of the Disney scam. She's cynical about the origins of the CC license, because that community successfully opposed her IP cartel so often.

    --

    --
    make install -not war

    1. Re:She loves a free lunch. by Jeff+DeMaagd · · Score: 1

      Disney has made a fortune from copyrighting public domain fairy tales.

      That is overly simplified. Disney didn't co-opt public domain works, they don't own the original fairy tales and don't suddenly own the original works, they can only copyright their own variation of it and its sub-derivatives. Others are still free to make works based on those original stories provided they don't take designs from Disney's works. You might not have noticed, but for a lot of Disney's animated movies, there have been a series of animated movies based on the same original stories.

      Disney is also very careful to append the original title with "Disney's" so that they can own their own subvariants and designs.

    2. Re:She loves a free lunch. by galaga79 · · Score: 1

      Bare in mind there are differents types of Creative Commons. You can either choose to let people use your creation commercially as long as they credit you; and a non-commercial license where they need to ask permission - and you could ask for some money in return.

      If I was to release some of my creations under the Creative Commons, I'd definitely choose the non-commercial license. Then I'd I could share with other individuals and groups, not out there to make a profit, but still retain the possibility of earning money from my creation.

  20. For once, seriously by ndogg · · Score: 1

    READ THE F*CKING ARTICLE!!!!!!!!!!

    As much as she has been disagreeable in the past, I think we should be forgiving and help her ever more so to understand our train of thought and where we, like Lessig, are coming from.

    --
    // file: mice.h
    #include "frickin_lasers.h"
  21. Hilary Rosen by Infonaut · · Score: 4, Interesting
    In this article Rosen revealed a bit of herself. She's not the one-dimensional creature that a lot of RIAA-haters have made her out to be. Her position at the RIAA was never easy:

    The presumption in these attacks was that Rosen was calling the plays for the music business and not the other way around. She seems to prefer it that way; she gets paid $1 million a year to shelter the executives from criticism. But in fact, according to those closest to her, she's not the hard-liner in the crusade against file-sharing. Yes, she's the frontwoman. But there are five CEOs backing her up - and some of them make her look like Mary Poppins. "They still think they should put teenagers in jail," says technology guru Esther Dyson. In fact, Rosen tried to steer the labels toward the online future long before they saw it coming. In the mid-'90s, Rosen brought Dyson to a conference of music executives to brief them on how technology would transform their business. Dyson described for them the inevitability of digital delivery, an eventuality Rosen says she had begun to understand but wanted her bosses to hear from an outsider. But as Dyson spoke, the label executives became defensive, then furious. By all accounts, the meeting devolved into a shouting match.
    Sure, as the head honcho at the RIAA she was on the wrong side of a lot of issues, but she's not exactly Pol Pot either.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Hilary Rosen by FunWithHeadlines · · Score: 1
      I've read that about her in the past, and I suppose it's true. That illustrates the problem with corporate spokespersons: What they say is essentially meaningless, a mere echo chamber of whatever will make their stockholders the most money. Does the spokesperson believe what he or she is saying? Not necessarily. Is what the spokesperson saying true? Maybe, maybe not. So of what value is it? Not much. Just a way to peer into the soul-dead eyes of the corporate persona.

      I'm happy for her that she is free of that deadening job. May she have a happier life now that she doesn't have to shill for the most clueless and mean-spirited bunch of idiotic CEOs ever to have the privilege of watching their businesses eventually go up in flames while the world dances in delight around the edges of the flaming embers.

    2. Re:Hilary Rosen by Anonymous Coward · · Score: 0

      ...but she's not exactly Pol Pot either.

      What does this mean?

    3. Re:Hilary Rosen by serutan · · Score: 1

      Thanks for posting the link to the Wired article. Interesting that she would ask the Oxford students if it pissed them off to have to give up the rights to whatever they create during their studies. Given that this is how the recording industry has been operating for the past century, I wonder where she was going with that.

      Another great line: In order for artists to record music, she says, they - and record labels - have to make money.

      Not true. Musicians make money by performing live, not by selling CDs. Record companies make money by selling CDs. This is something Hilary knows damn well. In standard recording contracts, the expenses of producing, manufacturing and distributing CDs are all deducted from the Musician's share of the profits, usually leaving ZERO. Musicians do get advances to make records, but that's how venture capital works in any industry. What they get out of CD sales is exposure, which translates to bigger and better paying gigs. They get the same exposure whether somebody pays for the CD or not, as long as they listen. Hilary know ALL of this.

      She also probably knows that the recording industry's century-old business model of demanding all rights to songs in exchange for the publicity that record sales can generate, along with the remote chance of super-stardom, is not the only possible way for the music world to work. Musicians were around for a long time before Thomas Edison.

      As recording equipment gets cheaper and Internet access becomes universal, savvy musicians are learning to promote themselves by distributing their music freely online. They can get exposure without giving away the future rights to use their songs in Pepsi commercials or whatever. The mechanisms for doing this have a long way to evolve, but they're coming. Superstardom might become a thing of the past, but it's always been a very low-odds carrot on a stick anyway. Most records flop, as the record company people always point out when they try to justify their own brand of piracy.

      Anyway, I don't care whether Hilary Rosen is personally anti-filesharing, or what her personal views are on anything really. In the course of earning her $million+ salary she's done far greater damage to many more people than anybody ever did by sharing music files. The fact that what she does is legal doesn't change that. Hilary Rosen has led a destructive and wasteful life.

    4. Re:Hilary Rosen by chrisd · · Score: 5, Insightful
      So since she wasn't murdering people and instead concentrated on suing 12 year old s and reducing our freedoms, she deserves a cookie or something?

      Chris DiBona

      --
      Co-Editor, Open Sources
      Open Source Program Manager, Google, Inc.
    5. Re:Hilary Rosen by Anonymous Coward · · Score: 2, Funny

      There's this thing called "google". There's another thing called "wikipedia".

      There's this word called "lazy".

    6. Re:Hilary Rosen by Anonymous Coward · · Score: 0

      I can tell you one thing: you certainly don't deserve a cookie. I saw your fat ass on TechTV.

    7. Re:Hilary Rosen by Anonymous Coward · · Score: 0

      Hey, don't knock this "cookies for non-murderers" program until we've given it a fair shot.

    8. Re:Hilary Rosen by quantaman · · Score: 2, Interesting

      So since she wasn't murdering people and instead concentrated on suing 12 year old s and reducing our freedoms, she deserves a cookie or something?

      And look at all the great PR that's gotten them, besides if she didn't do something as drastic it is very likely her replacement would of (and perhaps more). In the struggle for freedom sometimes the greatest sacrifice is by those who would have you believe they work for the enemy so that they may fight them from within. Now I don't believe for a second Rosen was in an allout subversive struggle against them but I do feel she was a more moderate force trying to hold back the true extremists, perhaps given the organizations she was representing it was all we could of reasonably hoped for.

      --
      I stole this Sig
    9. Re:Hilary Rosen by antiMStroll · · Score: 1

      In my book that makes her worse (than what I thought of her, not worse than Pol Pot.) I can respect someone who's genuine about their stated beliefs, even if they're in violent opposition to mine, if those beliefs are well reasoned and sincere. From this description of Rosen, and her casting the issue as theft vs. greed, there was no moral basis in her crusade. She represented and fought 17 years for people who "still think they should put teenagers in jail" for the money.

    10. Re:Hilary Rosen by Silburn_Luke · · Score: 1

      This tallies with accounts I got from a friend who was doing similar 'Your world is about to change' briefing sessions for EMI's UK middle management back in the mid/late 90s.

      She said their reaction started off at disbelief which quickly transformed into aggressive and total rejection of her message when she stuck to her guns and started showing them some of the tools that were hitting the net back then.

      She also said that she hadn't ever encountered a group of people who were so pigheadedly ignorant and flat-out stupid as the guys (and they *were* all guys) who attended those sessions - starting with the casually sexist attitudes and going rapidly downhill from there. As far as she was concerned, the quicker their comfy little world got overturned the better.

      Regards
      Luke

      --
      #include witty_one_liner.h
    11. Re:Hilary Rosen by Stephen+Samuel · · Score: 1
      I don't think that the lawsuits against 12 year olds started on her watch (I'm open to correction). What's most interesting about this, though, is that she's turned from being front-person for the RIAA to supporting the CC license...

      A turned enemy is twice as useful as a dead one -- often even more..

      --
      Free Software: Like love, it grows best when given away.
  22. Sole Stated Purpose of Copyright by Roger_Wilco · · Score: 5, Informative

    It has nothing to do with protecting anybody, but only encouraging progress. See Article I, section 8, clause 8 of the US constitution:

    Congress has the 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.

    1. Re:Sole Stated Purpose of Copyright by pawnIII · · Score: 1

      What progress in the music industry. 90% of music is made today in the pursuit of money, not in the pursuit of art. Shoot, most of the artists today probably don't even make their own music, its been so digitized that it doesn't even sound like the person, or someone else wrote the lyrics, or the 'artist' doesn't even own the copyright. Do I think that people should get paid for their works. Yes. But theres a difference in getting paid, and exploiting the system(though the entertainment industry isn't the only system that exploits the system). I would think most great, even some of the not so great, artists would make most of their money from touring, not really from cd/online music sales, though Eminem does makes quite a bit from his cds. Shoot, movie actors usually get paid up front flat fee for their service, and only can say big earnings means bigger earnings on their next project. The key word in Article I Section 8 Clause 8 of the Constitution is 'useful'. How Britney Spears, Eminem, Snoop Dogg, or Metallica is useful to the society is foriegn to me.

    2. Re:Sole Stated Purpose of Copyright by cpt+kangarooski · · Score: 1

      The key word in Article I Section 8 Clause 8 of the Constitution is 'useful'.

      Yes, for patents. In 1789, the useful arts meant the field of technology, of applied science. Vestiges of this can still be seen, e.g. 'state of the art' technology, or a 'person having ordinary skill in the art.' Technology has to have some kind of use, in order to be covered by what's known as a utility patent. Inventions that don't work (e.g. perpetual motion devices) are therefore unpatentable.

      Science, which at the time meant something more like general knowledge, is the bit that refers to copyrights.

      This is evident in the structure of the clause as well. It always goes in order, copyright, patent: science/useful arts -- authors/inventors -- writings/discoveries.

      --
      -- 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:Sole Stated Purpose of Copyright by QuantumG · · Score: 1

      Britney Spears != "useful Arts"

      --
      How we know is more important than what we know.
  23. Can we just get all the Wired stories at once? by CyberThalamus · · Score: 0

    It's so predictable. Just make a Wired section already. New Scientist is better anyway.

    --
    With the cyberthalamus, the singularity will happen.
  24. Re:incompatable with gpl by Lehk228 · · Score: 1

    simple, replace the source code requirement with the ability to use and distribute samples of arbitrary length, thus allowing anyone to release, in whole the work (sample length = song length) or as a short piece for traditional sample, or about half for "mash ups"

    --
    Snowden and Manning are heroes.
  25. Funny how things change... by Anonymous Coward · · Score: 1, Interesting

    Hilary's outlook has changed but not her underlying assumptions. When she was the public face of the RIAA, she knew on what side her bread was buttered. I'm sure her departure wasn't entirely voluntary. The Pigopolists no doubt wanted to (and as a matter of fact, did) put in her place someone who would get more favorable attention from the new regime in Washington than would an openly gay mother who had previously been one of the principal organizers of Rock the Vote.

    She had previously said that she did her best to move the recalcitrant organization she was in to recognize the unstoppable synergy between the advance of technology and human creativity. On the other hand, she was well paid to represent their interests as they saw them, and did so all too well.

    It's at least refreshing to see her moving in the direction she is now. By contrast, think of David Boies....euuuuch!!!!!

  26. Re:incompatable with gpl by macshit · · Score: 3, Funny

    What the hell more do you want? The individual unmixed tracks ready to load up in Pro Tools (or should they use a more OSS-friendly file format)? The instruments they were played on and sheet music to go with it?

    Yes?

    Throw Bill Gates' head in too and I'll even say thank you!

    --
    We live, as we dream -- alone....
  27. Supporting rightsholders' decisions... by turnstyle · · Score: 2, Insightful
    Being in favor of Creative Commons means being in favor of rightsholders making decisions about sharing their works (as well as remixing, etc.)

    But to be in favor of rightsholders making those decisions also means accepting them when they decide *not* to share.

    If we only care when a rightsholder decides to share, and not if they choose otherwise, then we really don't care about them making that decision.

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:Supporting rightsholders' decisions... by An+Onerous+Coward · · Score: 3, Insightful

      Damn straight. If a copyright holder decides to make full use of the vastly overinflated collection of "rights" that infest modern copyright law, I have no respect for their decision to do so.

      Now, if copyrights were much shorter, and copyright law contained clear, sensible guidelines about derivative works that would allow for creativity, and all DRM schemes were required to uphold those guidelines, then the decision "not to share" would be a perfectly respectable one.

      Creators should have a certain level of control over their work. By default, copyright law grants them "rights" far in excess of that level. In such a climate, the decision not to share amounts to being a complete and utter prick.

      [This post licensed under the "Do Whatever the Hell You Want With It" License v.2.0 or later.]

      --

      You want the truthiness? You can't handle the truthiness!

    2. Re:Supporting rightsholders' decisions... by Anonymous Coward · · Score: 0

      You can make a difference by not supporting monetarily those complete and utter pricks.

      So, don't go to the movies and don't buy those Hollywood DVDs.

    3. Re:Supporting rightsholders' decisions... by fucksl4shd0t · · Score: 2, Insightful

      Preaching to the choir, eh? :) From the article:

      Lessig also complained about the Copyright Term Extension Act, which adds several years to the terms of protected works. I countered: Farmers can leave their property to their children; why shouldn't songwriters be able to leave their songs to their children?

      So does she figure that the particular portion of the Constitution that gives Congress the power to secure for a limited time the rights to Creative Works to Artists, for the long-term goal of securing them for society has anything at all to do with property law? It doesn't. There's no comparison.

      The deal is, you can have your copyright, but you must give us your work. Copyright isn't some way to make kids that haven't been born yet rich off their asses. It's a way to provide creative types with an opportunity to make money from their work as an incentive to do more work. Copyright is all about the benefit to society, and has very little to do with Artists' Rights.

      Blah, she doesn't get it. She's a puppet of the record industry, not the musicians. The labels the RIAA represents, the ones that actually make money, own the copyrights to the music they distribute (with a few exceptions). Peel away the bullshit, and she was right about one thing.

      In a contest of greed versus theft, I suppose I chose greed as the morally superior position.

      Nothing to see here. Move along. ;)

      --
      Like what I said? You might like my music
    4. Re:Supporting rightsholders' decisions... by uncoveror · · Score: 2, Informative

      In case no one pointed this out yet, neither A in RIAA stands for artists. It is the Recording Industry Association of America.

      --
      The Uncoveror: It's the real news.
    5. Re:Supporting rightsholders' decisions... by Anonymous Coward · · Score: 0

      Besides which, Rosen's analogy is false.

      A farmer (and his children) do not simply farm once and sell forever. They must continue farming year after year if they have any hopes of profiting, not to mention keeping their farm.

      A songwriter writes once (and IIRC, one artist claims that a very popular song was written in six minutes to be just another song on the album), so he and his children (or their corporate assigns) should profit off this for 120 years? Even though many artists spend a great deal more than 6 minutes writing their songs, it doesn't exactly compare to the backbreaking labor of some of the people who buy the product.

      A better analogy would be the ability of an artist to make money from repeated live performances of their work. But Rosen doesn't want us to go there.

      This better analogy indicates that the recorded entertainment industry is an accident of technology with no basis in natural law, wherein the ability to replicate a work was limited to a few for long enough to accrete a powerful establishment. Imagine the richer culture that we might enjoy today if recording technology were cheap and ubiquitous since the days of Edison.

      Current copyright law makes the reward for releasing the creative work to the public grossly disproportionate to the effort involved in its creation, and to its intrinsic value.

  28. Fishing for street cred by IBitOBear · · Score: 1

    It's like watching an "ex" politicain make an educated statement so that when his tell-all book comes out supporting all his previous statements unchanged, he can say "but look, I've been on both sides now, and I was right all along."

    The Innane Mrs. R. is pulling the classic prodigal son routine. She is now straying from her family, to be reunited later. At which time they will kill the fatted DRM Budget for her homecomming.

    I don't buy it for a second. When I see her *SUE* the RIAA for being draconian I *consider* taking her seriously. If she wins big and collects and does something socially responsible with the proceeds she'll be "back to zero" and she can then begin working on making a new name for herself.

    Between then and now, she is, IMHO, pandering to the press so that her newly-revised-reformed-true-faith position will sell to the intended "compromisers" in the two houses of congress.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  29. The Perfect Title by echocharlie · · Score: 1

    Just RTFA and I loved the title chosen for it: How I Learned to Love Larry (Lessig).

  30. Last pagraph response by Famatra · · Score: 5, Insightful

    "Slashdot crowd who think that society would be better off if artists and writers knew their place -- give away your stuff for free"

    It isn't about their place in society. I would mostly be content with these writiers and artists not turning so called 'society' into a police state so they could squeeze that extra last dollar out of someone who likely was not going to, or able to afford, that song / book etc.

    "If somebody violates your copyright, don't fight back too hard"

    Copyright is artifical, you do know this? People speak as if it comes from on high, but it is a law and one that can be changed or even repealed.

    "If you have the same aspirations of being a millionaire..." ...then I suggest you choose another profession other than author since the current state of technology, that allows unlimited copying, means the current structure of making gobs of money off keeping the masses ignorant and information deprived are over.

    "A farmer gets to leave a legacy for his children. You don't."

    I thought children were peoples' legacy ;), anyhow I see no reason why these content makers dont have a legacy. Leaving the world one's ideas that are shared and distributed freely is more of a legacy than having your life's work being sealed away by your children, dispensed out on *their* whim for *their* profit.

    1. Re:Last pagraph response by shark72 · · Score: 1

      Thanks for your reply. My paragraph was a summary of how many Slashdotters feel; you've helpfully elaborated why they feel that way. I know you're just a single individual, but each of your defenses are ones that have been repeated many times before around here.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Last pagraph response by themaidtricks · · Score: 1

      I thought children were peoples' legacy


      Actually, your legacy is directly proportional to how many furbies you own at the time of your death. Just thought you should know.

  31. Mods on crack by Anonymous Coward · · Score: 2, Informative

    dictionary.com says:

    pooh-pooh: To express contempt for or impatience about; make light of.

    1. Re: Mods on crack by rco3 · · Score: 0

      Seriously. I mean, -1:Troll? How about a wouldn't know funny if it slept with him metamod? I swear, kids these days...

      --

      Ce n'est pas un vrai mouvement de robot!
  32. Re:incompatable with gpl by Anonymous Coward · · Score: 0

    The individual unmixed tracks ready to load up in Pro Tools

    Yes! Tell me where, and I've got my credit card handy. .AIFF will do for me actually. And no need for sheet music, MIDI files will do the trick.

    Some people will never be satisfied ... damn.

    Now you understand how Progress happens, grasshopper...

  33. In other news... by Greg+Larkin · · Score: 1
    --

    SourceHosting.net, LLC
    Ready. Set. Code.
    http://www.sourcehosting.net/
  34. Problem with "Farmers" Analogy by Roger_Wilco · · Score: 2, Insightful

    Ms. Rosen argued: "Farmers can leave their property to their children; why shouldn't songwriters be able to leave their songs to their children?"

    There's at least one difference; when I die, my heirs must pay considerable inheritance taxes. Do there exist inheritance taxes on ownership of copyright? If it's to be considered a kind of property, such taxes should exist (or they shouldn't on real property; personally I believe that each person should do their best on their own, i.e. inheritance should be forbidden, but I don't know how to implement this without massive corruption).

    I recommend Lessig's book, Free Culture for a great deal of discussion on copyright and related issues. The FSF sent its members a copy recently; you should join --- everybody else is doing it.

    1. Re:Problem with "Farmers" Analogy by An+Onerous+Coward · · Score: 2, Interesting

      You've been out of the loop for a while. The Republicans wisely got rid of "The Death Tax", and in their enthusiasm to eliminate it, they even voted down a Democrat proposal to keep the estate taxes only on money above and beyond the first billion of net worth.

      Thanks to the foresight of our leaders in Washington, we are all safe to pursue the American Dream of working hard, skimming a bit off the top, sticking it to a bunch of pensioners, and ensuring your descendants to the fifth generation never have to do anything productive.

      --

      You want the truthiness? You can't handle the truthiness!

  35. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  36. Advocating negativity? by wombatmobile · · Score: 1

    I really don't know why slashdot would legitimate anything this person has written by carrying this story.

    Are you saying it'd be better to hate her silently and ignore her for the rest of time?

    1. Re:Advocating negativity? by Sebby · · Score: 1
      Why shouldn't we? She's the one that said "We're leading the way" in reference to online music industry on her ZDNet soapbox a few years back. She clearly has no credibility.

      --

      AC comments get piped to /dev/null
  37. Defenses... by Famatra · · Score: 1

    "..but each of your defenses are ones that have been repeated many times before around here."

    Then perhaps it is possible, since everyone is saying the same thing apparently, that these 'defenses' are correct? ;)

    If not, feel free to argue why they aren't.

    1. Re:Defenses... by drlake · · Score: 1

      There's a huge logical fallacy with the idea that groups of people who think the same have any claim to correctness simply because they all agree. If anything, the opposite is true since groups which have common sets of beliefs tend to filter the real world in accordance with those beliefs and that isn't challenged because the group is composed of likeminded individuals. See Janis' "Groupthink" for a very good treatment of this.

    2. Re:Defenses... by immerrath · · Score: 1

      nope. deliberate invocation of godwin's law invalidates it.

    3. Re:Defenses... by Saeger · · Score: 1
      Then perhaps it is possible, since everyone is saying the same thing apparently, that these 'defenses' are correct? ;)

      The 'correct' subjective view on IP depends on how greedy and power-hungry your genes and memes are. If you were the type of kid who hoarded all the toys and stole others' lunchmoney, you can easily justify perpetual IP.

      --

      --
      Power to the Peaceful
    4. Re:Defenses... by Anonymous Coward · · Score: 0

      It can be, although that is why there is a nice second paragraph asking for arguements incase they are not correct.

      The appeal to authority is the weakest form of 'proof' but if everyone is saying something consistantly, then it seems more likely to be correct, but does not defacto make it correct of course.

  38. darn - thought the story was about Miss Piggy! by Anonymous Coward · · Score: 0

    - and it was! it was!

  39. MOD DOWN the TROLL ;) (NT) by Anonymous Coward · · Score: 0

    NT = No text foo!

  40. So unclassy by Southpaw018 · · Score: 1

    But dahling, pooh-poohing is so old fahshioned. You simply must consider updating your vocal repertoire.

    --
    ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
  41. Another day....another /. comment drivel storm by djupedal · · Score: 1

    I am so glad I wore my old shoes today...closing tab now.

  42. Turnabout. Anyhoo its all moot... by Famatra · · Score: 1

    I still haven't heard *your* arguement as to why I should respect the artifical barrier known as copyright, why I should respect the RIAA et al who have been convicted of price fixing's, and why I should bother to support idea monopolists' efforts to keep the masses ignorant.

    In the end its all moot, the technology to make copies are here and here to stay. Unless we go back to the old Soviet Union style rules where photocopiers were under armed guard, information will flow. Flow dispite the lawsuits, more laws or police crackdowns.

  43. In other news.... by Anonymous Coward · · Score: 1, Funny

    Kim Jong Ill in a suprise announcement today proclaimed his love of Capitalism and the new direction his country will take towards a market economy. Also he says that all that stuff about turning the 'Citadel of Imperialists' into a sea of fire was said in anger and he hopes the USA can forgive him.

  44. Political spokespeople by Infonaut · · Score: 1
    That illustrates the problem with corporate spokespersons: What they say is essentially meaningless, a mere echo chamber of whatever will make their stockholders the most money.

    You make a very valuable point, and it begs the question (for Americans at least): How does this compare to political spokespersons? Having worked in DC I can say that most people in Washington really are motivated primarily by ideology and a desire to improve the country. They differ in their belief about how the country should operate.

    But I do wonder how much of what (for example) Scott McLellan says is what he truly believes? My guess is that like the representative of any large organization, he believes most of it, but certainly not all of it. He is the mouthpiece, and his job is to speak for the organization as a whole, not as an individual.

    --
    Read the EFF's Fair Use FAQ
  45. Hilary Rosen: Volunteer for gay rights by hawkestein · · Score: 1

    Any Slashdotters out there read the Washington Post? I was surprised to see her name atop this op-ed piece on Saturday, Oct. 16. The column ends with this brief description of her:

    The writer is former chairman and chief executive of the Recording Industry Association of America and a volunteer for gay rights causes.

    --
    -- Will quantum computers run imaginary-time operating systems?
    1. Re:Hilary Rosen: Volunteer for gay rights by The+Cydonian · · Score: 1

      Google for her on Wikipedia:- she's an out-of-the-closet lesbian who's partner is an activist (or something) for a GLBT-related cause.

  46. Tomatoes anyone? by MeNeXT · · Score: 1
    I do not believe for a moment that my kids would have any interest in my tomatoes.


    The artist leaves the guitar...that's the farm....

    --
    DRM? No thanks, I'll just get it somewhere else...
    1. Re:Tomatoes anyone? by Daneurysm · · Score: 1

      mod parent up

      +5 Succint

    2. Re:Tomatoes anyone? by Anonymous Coward · · Score: 0

      but wrong.

      tomatoes are perishable.

      if everlasting GM tomatoes were invented, then you could leave them to your children.

      IP is not perishable in anything like the same way, we choose how to let IP expire.

      the trouble with arguing by analogy is that it's an invalid form of argument.

  47. Apocalypse by AvantLegion · · Score: 1
    Add this in with a Red Sox World Series win (if it happens), and we'll have two guaranteed signs of the Apocalypse.

    Get everything you wanted out of life, and get it now. Get on good terms with your deity. End's coming real fast, folks.

  48. Ha by ScrewMaster · · Score: 2, Insightful

    I'm cynical about everything and anything that comes out of Hilary Rosen's mouth. In fact, anything that woman "embraces" is something I will need to be more careful about in the future. And that applies equally well to Cary Sherman and Jack Valenti, for that matter.

    --
    The higher the technology, the sharper that two-edged sword.
  49. Benefitting, but who is losing? by Famatra · · Score: 1

    "Disney is surely benefitting from the change, but so are the hard-working individuals who hold the majority of copyrights."

    And then there are the losers, a.k.a. the citizens whose culture is up for sale and will be for the forseeable future.

    I am sure microsoft and other companies will also benefit greatly when DRM makes it so every word you read must be paid for, and libraries are closed down as copyright infridgement havens. Who is the loser though, the losers are the information starved citizens in society kept eternally ignorant.

  50. Creative commons no threat to anyone by Anonymous Coward · · Score: 0

    Anyone who thinks creative commons will kill the recording industry is delusional. The recording industry spends all the money promoting bands and takes all the risk. They're sorting through all the crapp so other don't need to. Maybe some hits will come out of creative commons. But then these people will get recording contracts with labels to further their careers afterwards.

  51. say it! by poptones · · Score: 2, Informative

    I went through that phase of hilary hating a loooong time ago. Then one day I went online and found MP3.com had launched their "digital vault" which (they argued) allowed them to offer ANY music for download to folks. It wasn't just that I thought this to be incredibly stupid and doomed to failure, but more than that it showed this "pioneer" just another ethically clueless money chasing adventure.

    The RIAA sucks ass, and I'm proud to say I've not given them a penny of my money in years. I am a regular shopper at Magnatune and I'm seriously considering giving the gift of CC licensed music this year to a select few.

    But as much as I hate the way the old school does business, the law (and consistency if we are serious about GPL) is on their side. No one forces artists to sign with (so called) major labels, and any band today has MANY opportunities to generate hype for themselves without making that sellout (oh, to have been there the day "The White Stripes" made that deal! Such a shame...)

    I hate the way so many simply refuse to see the illogic in defending GPL and then insisting "we" should be able to broadcast their material in any way we see fit. Anyone who seriously believes in the GPL, the CC license etc should have no use AT ALL for "artwork" tied to any of those old school sharecropper licenses. Madona and Britney don't need our help, and redistributing their content only helps preserve the power of a system that has shown, at every turn, a strict unwillingness to adapt even while thus ensuring its own increased irrelevance.

    This bit about Hillary is nothing new. Even when still with the RIAA we often heard of urgings to the old school publishers to adapt. They didn't listen then (thank goodness) let's hope they won't start now.

    1. Re:say it! by MindStalker · · Score: 1

      Then one day I went online and found MP3.com had launched their "digital vault" which (they argued) allowed them to offer ANY music for download to folks. It wasn't just that I thought this to be incredibly stupid and doomed to failure, but more than that it showed this "pioneer" just another ethically clueless money chasing adventure.

      I'm sure you heard this before but it only allowed you to download music you proved you already owned. Either way, yes it didn't conform to copyright, but it was in interesting idea, and new ideas deserve to be tried. It failed the legal test, and it died. Oh well. But to say that a company has no right to try something new just because it may be controversal is a bit silly.

  52. Amiga MODs are machine-readable sheet music by tepples · · Score: 1

    What the hell more do you want? The individual unmixed tracks ready to load up in Pro Tools (or should they use a more OSS-friendly file format)?

    "Audacity project" or "multichannel Ogg (Vorbis or FLAC) stream" anyone?

    The instruments they were played on and sheet music to go with it?

    You just described tracked music, which includes machine-readable instrument definitions (as a sample bank) and machine-readable sheet music (as a note sequence) in a file. Common formats for tracked music include .mod, .s3m, .xm, or .it formats. Other machine-readable sheet music formats, which reference (but do not completely define) the instruments, include .ly (Lilypond) and .mid (standard MIDI file format). Compare the concepts of "transparent" and "opaque" used in the GNU Free Documentation License.

    Another thing some would want is a license allowing use of the work in a GPL program such as a video game for platforms that can't rely on the interpreter exemption because they don't have a file system per se (unless you count things like GBFS).

    1. Re:Amiga MODs are machine-readable sheet music by PenguiN42 · · Score: 2, Insightful

      "Audacity project" or "multichannel Ogg (Vorbis or FLAC) stream" anyone?

      But what about effects for the mixdown? Or post-processing that's done in the mastering step? Sure, you could give everyone your raw tracks and the instructions to put them back together, but if they don't have that $2000 compressor, what's the point?

      Anyway, one would probably want to use the .OMF format, which is readable by most pro audio software out there. ... but what if they recorded to 2" tape? Should they go and digitize all the tracks for you? You're not gonna end up being able to "compile" the same end result if you don't have their $40,000 console, anyway. And what if they bounce tracks down to save room? The original tracks are gone by that point.

      You just described tracked music, which includes machine-readable instrument definitions (as a sample bank) and machine-readable sheet music (as a note sequence) in a file. Common formats for tracked music include .mod, .s3m, .xm, or .it formats. Other machine-readable sheet music formats, which reference (but do not completely define) the instruments, include .ly (Lilypond) and .mid (standard MIDI file format). Compare the concepts of "transparent" and "opaque" used in the GNU Free Documentation License [gnu.org].

      But tracker formats may not be sufficient to reproduce the entire range of synthesized and sampled music out there, especially when you consider the thousands upon thousands of sequencers, samplers, synthesizers, drum machines, and controllable effects, both software and hardware based, including some old vintage analog stuff, much of which might not be built anymore, and most of which is hella expensive.

      Besides, this whole "compatable with GPL" thing rings a big "NOT APPLICABLE" in my head when talking about music. What do "source code" and "compiling" and "object code" mean when you're talking about music? How can you expect to be able to reproduce the "object code" the same way every time, and still leave room for artistic expression?

      Compare to the GNU Free Documentation License. They don't require pictures in a document covered under said license to be packaged with the sketches, or all the Gimp layers used to create the image, along with instructions on what filters to use to combine them. The final result is all that matters in that case.

      --
      The following sentence is true. The preceding sentence was false.
    2. Re:Amiga MODs are machine-readable sheet music by tepples · · Score: 1

      But what about effects for the mixdown? Or post-processing that's done in the mastering step?

      The source code for the work would then include the source code for effect modules that do not come with Audacity (the "compiler").

      but what if they recorded to 2" tape? Should they go and digitize all the tracks for you?

      Thinking through the "medium customarily used for software interchange" language in a popular license for copylefted works, I'd seem to think so.

      You're not gonna end up being able to "compile" the same end result if you don't have their $40,000 console, anyway.

      And the Intel compiler makes slightly different binaries from the GCC compiler. A popular license for copylefted works specifically exempts things that come with the compiler.

      What do "source code" and "compiling" and "object code" mean when you're talking about music? How can you expect to be able to reproduce the "object code" the same way every time, and still leave room for artistic expression?

      "Compiling" a musical work to a sound recording comprises performing, mixing, and mastering, all of which are completely predestined in a tracked format. The composer has considerable "room for artistic expression" in a .it module.

      Anyway, what would be an appropriate license for music to be used in a copylefted video game?

    3. Re:Amiga MODs are machine-readable sheet music by PenguiN42 · · Score: 1

      The source code for the work would then include the source code for effect modules that do not come with Audacity (the "compiler").

      You're neglecting outboard effects, and analog sound processing.

      "Compiling" a musical work to a sound recording comprises performing, mixing, and mastering, all of which are completely predestined in a tracked format. The composer has considerable "room for artistic expression" in a .it module.

      Sure but they have a lot *more* room for artistic expression under something like Cakewalk Sonar.

      You know, I think I just realized we're getting off track here. GPL doesn't apply to object files, it applies to the source files. It requires anyone who modifies those source files, and then distributes object files generated from the modified source, to also distribute the modified source (generally, i know this isn't 100% precise).

      Arging that a license intended to be applied to finished music (iow, the "object file") isn't GPL compatible makes no sense, since the GPL itself isn't intended to operate on object files!

      Now, if you wanted to invent a licence that was designed to be placed on a range of sound *production* elements: be they samples, effect code, tracker files, sequences, midi files, audio tracks, instructions on how to assemble them and what have you, such that anyone who uses your audio "sources" and produces a song has to release those sources, and modifications to them, then fine.

      You may run into some problems trying to make it like the GPL though. Source code has well-defined structure as to which modules are dependent on which. Under GPL, it's fine for GPL code to call and use non-GPL code (see below), but vice-versa isn't OK (LGPL allows this to some extent). But when making music... is that new string track you added to the song "calling" that vocal track that it's behind, or vice-versa? Are you required to release all the details on how you made your new string track or not? Your new music-GPL license may end up requiring *more* disclosure than the GPL!

      Anyway, what would be an appropriate license for music to be used in a copylefted video game?

      Any license that allows you to use, modify, and reditribute that music any way you see fit. A creative commons license, as long as it was the type that allowed this, would work 100% fine in a GPL project. I don't see the issue.

      Here's an example that may shed light on the issues: Say you wanted to start a new project, and you wanted to GPL it. However, you wanted to use SuperSecretCrazyBinaryObject in your project, and didn't want to give out the source code for it. You can go and GPL the source code for the rest of your project no problem, and simply require that SuperSecretCrazyBinaryObject is installed to actually run it. There's absolutely nothing in the GPL that forbids this situation.

      --
      The following sentence is true. The preceding sentence was false.
  53. Then it should be life plus 30, not life plus 70 by tepples · · Score: 1

    Her analogy stopped at leaving a legacy for one's children.

    I'd take a wild guess that the mean time for children to outlive their parents is 30 years. So why do American and European copyrights last life plus 70 and not life plus 30?

    Governments levy property taxes on real estate. So why can't governments levy property taxes on copyrights?

  54. Re:incompatable with gpl by iamacat · · Score: 1

    Oh well, you could release lyrics and music scores for each instrument. But by and large music is already "source code", so all you have to do is allow anyone who heard your derivitive song to distribute it further, as a recording or by singing it themselves.

  55. Hilary the Insult Comic ex-RIAA CEO by Riktov · · Score: 2, Funny

    Creative Commons is a wonderful license...

    For me to poop on!

  56. Intellectual property tax? by tepples · · Score: 2, Interesting

    Now, if the creative equivalent of the farm tools is pens, paper, instruments, and recording hardware, but you're missing out on the exclusive right to farm the land -- the tools won't do you any good.

    And without a way to pay property tax on the land, the land won't do you any good either. To continue this analogy, we need an intellectual property tax such as that specified by this bill.

  57. Expected natural lifetime by tepples · · Score: 1

    The purported rationale of the new extension to lifetime of author + 70 years is just that -- so a copyright holder's children can benefit if the copyright holder has an untimely death.

    If you're trying to prevent an HIV positive rapist, a bioterrorist, or any other murderer from causing an early copyright expiration, then why not make the copyright term fixed, based roughly on an author's expected remaining natural lifetime plus one generation gap? Wouldn't a fixed term of 75 years (which incidentally equals the pre-Bono copyright term of pre-1978 works and works made for hire) work to such an end?

  58. Work made for hire with thousands of contributors by tepples · · Score: 1

    I don't think companies should be able to hold copyrights or patents ... patents and copyrights should belong to the person or group who developed them in the first place.

    The USPTO already grants each patent directly to the inventor(s), who assign to their employer only those rights specified by the employment contract. As for copyrights, on the other hand, which Microsoft employee(s) would own the copyright in the work entitled Microsoft Windows XP?

  59. no, man mpg123 by tepples · · Score: 2, Funny

    sorry, she spent the summer running tar -zxfv ./ on herself, or her family too?

    No, she spent her summer decompressing MP3s of member labels' recordings to /dev/audio. I'd bet record industry executives get free MP3s as a perk.

  60. Didn't care before by Anonymous Coward · · Score: 0

    what she thought, don't care now.

  61. Not all labels are in RIAA by tepples · · Score: 1

    I still haven't heard *your* arguement as to why I should respect the artifical barrier known as copyright

    Because the government has guns.

    why I should respect the RIAA et al who have been convicted of price fixing's

    You don't need to; alternatives to major labels exist.

    and why I should bother to support idea monopolists' efforts to keep the masses ignorant.

    You don't need to; you can educate your friends and family about the issue and about the alternatives.

  62. Just one question by Anonymous Coward · · Score: 0
    What's in it for her? A corporate drone like her doesn't "embrace" shit unless there's a big pot of gold waiting for her at the end of it. That's what these type live for. That's their bread and butter. She's no different.

    If I told this worthless shitbag bitch that there was a dime lodged in my ass and the only way to get it out was with her tongue, she'd be a dime richer a few minutes later.

  63. Ban on Sampling in Political Speech by Radical+Rad · · Score: 0
    "Get a license or do not sample." So held the Sixth Circuit Court of Appeals in September, in a case that asked whether there is any right of fair use in musical recordings. There is not, the court ruled. Sampling is piracy, and the law bans piracy.
    Does this include all speech or only musical recordings? Does it apply to public figures or only to performance artists? Why would the court extend their decision to all sound recordings if the case concerned only musical recordings? Does anyone have a link to this decision? I am curious whether this is mostly "spin" by Hillary Rosen due to her slanted view of the world. No, I don't trust her sudden, apparent reversal of attitude.
    You may think that's OK for pop stars. But forget about them for a moment. Think about your kids. After they get bored downloading all the music they can find, they're going to discover the power - practically bundled into the machine if it's a Mac - to remix the culture they've collected. They could add a bass track to a violin concerto. They could make a home movie and sync Tom Petty to the images. They could splice together a politician's speeches to prove she's a waffler.
    She implies in this paragraph that it is illegal to sample a politician's speeches even for parody supposedly since she claims that 'In the Sixth Circuit, at least with sound recordings, there is apparently no tradition at all.' So a parody such as "Fuzzy Math" is illegal in her opinion. This seems completely out of whack in a country where a public figure can't even sue for defamation without proving malice. So someone needn't worry much about getting sued for making derogatory statements about a politician even if those statements turn out to be untrue, but we can't use their own words from their own mouths to make the same statement?
    1. Re:Ban on Sampling in Political Speech by An+Onerous+Coward · · Score: 1

      You're quoting from "page 2", which was actually a counterpoint article by Lawrence Lessig. Hillary Rosen didn't write this.

      --

      You want the truthiness? You can't handle the truthiness!

    2. Re:Ban on Sampling in Political Speech by Radical+Rad · · Score: 1

      Thanks. I see that now. I think the format of their webpage is busy and confusing since it repeats the page 1 title and says 'by Hillary Rosen' at the top. I thought 'Done right, copyrights can inspire the next digital revolution' was a quote being attributed to Lessig. So now instead of sounding like spin from her, it sounds like pessimism from him.

      But the question remains. Is it really illegal to use sound bites from a public figure in the same ways that are considered fair use when they are in writing?

    3. Re:Ban on Sampling in Political Speech by Anonymous Coward · · Score: 0

      The ban on sampling was, as far as I could tell, limited to music only. Now, there's something very important to understand about music and copyright law: MUSIC HAS SPECIAL RULES THAT ARE DIFFERENT FROM ANY OTHER COPYRIGHTABLE WORK.

      Specifically, there is a clause in copyright law regarding "compulsory licensing" of music... what it means to you is that you are allowed to record your own cover of a copyrighted song. If you distribute that cover, you must pay (as of right now) 8.5 cents per copy you distribute (for a cover that is under 5 minutes in length; longer covers require an additional 1.5 cents per minute or so).

      The truly important thing to know about "compulsory licensing" is that as long as you pay your 8.5 cents per copy of a song, the copyright holder MUST allow you to distribute it... in other words, you cannot be denied permission! Most labels use one specific Agency as a collection house for all fees (google "compulsory licensing music" some time).

      What this ruling means is that you can "mix" songs - the catch is you have to play and record the snippets you want yourself (or hire someone to play them for you) instead of just splicing someone else's recording.

      Amusingly enough for the anti-rap crowd, it means that all the "sampling" rappers do can be duplicated... provided they actually learn to play instruments and thus become musicians.

      What this means is that you and your garage band can record your own covers of, say, the latest Britney Spears Album. You can even sell CDs of your cover of that album... provided you pay Britney (via the clearinghouse) 8.5 cents per song (on a CD with 12 tracks, that's just over a buck) AND THERE'S NOT A THING ANYONE - INCLUDING THE RIAA - CAN DO TO TOUCH YOU (you didn't really think Smash Mouth got permission to cover "I'm a Believer" did you?)!!!

      Basically, this ruling says, "you can still do your song pretty much the way you did it, but you can't just use someone else's performance - you have to go do it yourself and pay the 8.5 cents."

      And because copyright law for music has this extra provision in it, this case is functionally different from other applications of other types of copyrighted material. Thus, it's a pretty good bet that this will not be used as a precedent elsewhere. Of course, IANAL, TINLA.

      BTW, you can thank a technological advance - the player piano - for necessitating this little quirk in copyright law. If only Congress today could react to the way computers are changing the face of copyright the way Congress reacted when player pianos were introduced.

      --AC

  64. Re:incompatable with gpl by PenguiN42 · · Score: 1

    simple, replace the source code requirement with the ability to use and distribute samples of arbitrary length, thus allowing anyone to release, in whole the work (sample length = song length) or as a short piece for traditional sample, or about half for "mash ups"

    The creative common license already allows this.

    --
    The following sentence is true. The preceding sentence was false.
  65. Songwriters don't have to recoup by tepples · · Score: 1

    Do you think the royalties earned by artists on musical works are too high? Are the artists being too -- there's that word again -- greedy?

    No. Actually, the groupthink is that most recording artists are underpaid rather than overpaid, largely because the label deducts expenses before paying royalties to the recording artist. Read "The Problem with Music" by Steve Albini for the gory details. On the other hand, the label pays mechanical royalties to the songwriter's publisher before deducting expenses; a singer-songwriter who somehow manages to avoid a Bright Tunes fight may get a check from the music publisher (for the CDs) and from BMI (for radio play) before the album recoups.

  66. It's about the cost of sample clearance by tepples · · Score: 1

    In standard recording contracts, the expenses of producing, manufacturing and distributing CDs are all deducted from the Musician's share of the profits, usually leaving ZERO.

    Not if the artist writes his own songs. The songwriter gets his share even if the album doesn't recoup, and Hilary knows this. Record labels using songs based on Sampling Plus-licensed works don't need to pay the original song's songwriter in order to clear a sample.

    1. Re:It's about the cost of sample clearance by serutan · · Score: 1

      Interesting. I don't know what sample clearance or Sampling-Plus is. Janis Ian has some detailed essays about the workings of the business on her site. She writes her own songs, but says, "In 37 years as a recording artist, I've created 25+ albums for major labels, and I've never once received a royalty check that didn't show I owed them money." Maybe she's been doing something wrong.

  67. Diss P-Funk and praise creative commons??? by evilmousse · · Score: 1

    [from tfa] The biggest problem in commercial sampling isn't that artists don't know how to give away pieces of their work; it's that they and their producers want to get paid more - a lot more - for smaller bits of their songs. Think George Clinton, not Gilberto Gil. [/tfa]

    Where's she get off saying this?
    Pfunk was 10 years ahead of this kind of thinking when he released sample CDs with all the peices of the songs he still owned rights to. Those CDs came with a liscense that starts with nothing owed to sample, but increases royalties as the sampler increases profits. Now you can argue the terms he came up with weren't generous beyond that, but still, a 11 year lead on Hillary's newfound way of thinking puts him WELL above HER criticism, even ignoring her former well-loathed employer.

    more info on pfunk samples:
    http://p076.ezboard.com/fpoliticalpalace frm34.show Message?topicID=948.topic
    http://www.duke.edu/~tm c/pfunk.html

    1. Re:Diss P-Funk and praise creative commons??? by evilmousse · · Score: 1

      gah, sorry, there was an unintentional space in that first url

  68. last in line by Anonymous Coward · · Score: 2, Interesting

    Everyone else has already ripped your faulty analogy to shreds. That won't stop me from doing it too, however.

    The musical artists already don't leave a legacy behind under the current system, because they don't own their copyrights. If you want the RIAA to make you famous, you have to give all your work to them, so THEY can leave it behind for THEIR children. You, the artist, are currently left empty-handed.

    Not that it matters, even if artists these days did keep their copyrights, your logic would still be faulty. I just wanted to point out that even if your logic were solid, it still wouldn't apply, because the current system doesn't work that way either.

    Incidentally, They Might Be Giants, the greatest band in the world, has been giving their music away for free since the day they started performing. They retain all their copyrights, because they did not do business with the RIAA. In other words, they played the game the way the slashdot crowd would like to see it played...and they have been making a living at this for 20 years, which is much longer than most RIAA bands can even hope for.

    So, everything you said is wrong from every possible perspective.

    1. Re:last in line by shark72 · · Score: 2, Interesting

      "The musical artists already don't leave a legacy behind under the current system, because they don't own their copyrights. If you want the RIAA to make you famous, you have to give all your work to them, so THEY can leave it behind for THEIR children. You, the artist, are currently left empty-handed."

      For what it's worth, the way it typically works in a recording contract is this: if you write your own words or music (as opposed to simply being a singer or performer) you keep those rights (that's how composers and lyricists make a lot of their money -- e.g. for radio or juke box airplay, it's the composer and lyricist who make money, not the record company). The record company usually has the copyright on the recording (although it's often shared with the engineer and/or producer). If you don't want a record company to have a copyright on a recording of a song you've written, the best way is to go it alone and come up with the money to hire the engineer and the recording studio. Once you're established, you get more leverage here. This is the reason that many artists end up starting their own record label.

      "Incidentally, They Might Be Giants, the greatest band in the world, has been giving their music away for free since the day they started performing. They retain all their copyrights, because they did not do business with the RIAA. In other words, they played the game the way the slashdot crowd would like to see it played...and they have been making a living at this for 20 years, which is much longer than most RIAA bands can even hope for."

      I'm a huge TMBG fan as well. Elektra/Asylum has the rights to lots of their earlier recordings (from the Flood era). I was glad to see that they went the indie route when they weren't cranking out the hits necessary to get big label distribution. The Spine was released on a much smaller label (Zoe) with which they presumably have more leverage. You probably know more details about the arrangement than I do.

      "So, everything you said is wrong from every possible perspective."

      Please take it down a notch.

      --
      Sitting in my day care, the art is decopainted.
  69. Re:Then it should be life plus 30, not life plus 7 by shark72 · · Score: 1

    "I'd take a wild guess that the mean time for children to outlive their parents is 30 years. So why do American and European copyrights last life plus 70 and not life plus 30?"

    My guess is to cover the worst-case scenario of the songwriter finally hitting it big with a hit song, at around the time that he and his struggling wife have had their first child, and immediately preceeding being run over by a bus.

    --
    Sitting in my day care, the art is decopainted.
  70. Re:Yeah, ok, whatever by Morosoph · · Score: 1

    I find your .sig ironic, given your comment.

  71. Funny Stuff by D+iz+a+n+k+Meister · · Score: 2

    Farmers can leave their property to their children; why shouldn't songwriters be able to leave their songs to their children?

    Ummmmmm, because songs aren't property, maybe, hmmmm?, maybe?

    But let's not go too far into dreamland. Yes, the current system of copyright can be antiquated and user unfriendly, and its enforcement can be discriminatory, but it has created a lot of wealth for individual artists, not just corporations. More important, it has created a vast body of art for the public.

    That the public doesn't own(yet, and probably never will), so it's not really for the public. I mean, I really don't get that statement. "It has created a vast body of content for the public to purchase" seems more appropriate.

    --

    He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
  72. Re:Who the fuck cares...... by Anonymous Coward · · Score: 0
    You mean carpet muncher?

    ~~~

  73. Just goes to show you... by hungsolo · · Score: 0

    People will say anything for money.

  74. Apples and oranges by A+nonymous+Coward · · Score: 1

    Let the writer leave his typewriter and his desk to his children. The farmer doesn't leave his corn and wheat to his children; he sells them and gives up all rights to further control of the sweat of his labor. If the farmer adds a new building or buys a new tractor, so can the writer buy a new typewriter.

  75. could help the GPL by Anonymous Coward · · Score: 0

    I don't expect the music industry to actually embrace the Creative Commons license, but if they did, backing by a large organization like that might help lend credibility to the GPL and other licenses similar in spirit to the CC license... which could come in handy when the GPL is finally tested in court.

  76. Hillary could help turn the tables by Anonymous Coward · · Score: 0

    If Hillary had a change of heart, and changed her tune, she could help turn history. I would love to see a powerful voice like hers become an ally.

  77. Hilary Likes Creative Commons by tompoe · · Score: 1

    Of course she does. The license is good unto perpetuity! Once the megacorps recognize this, we'll see a lot of embracing going on. We'll also see a lot of nonsense as they attempt to manipulate the license to suit their needs.

  78. Sexy Picture of Chris DiBona Enclosed by Anonymous Coward · · Score: 0, Informative

    a real sexy picture of Fat Bastard Chris DiBona

    1. Re:Sexy Picture of Chris DiBona Enclosed by Anonymous Coward · · Score: 0

      its the george costanza pose! hahahahaha

  79. Ask Google by tepples · · Score: 1

    I don't know what sample clearance or Sampling-Plus is.

    Google knows what sample clearance and Sampling Plus license are. See also the recent article about Wired's sample CD.

  80. What about 75 years without the life? by tepples · · Score: 1

    My guess is to cover the worst-case scenario of the songwriter [publishing a work, having a child, and dying in an accident]

    Then wouldn't a fixed term, say about 75 years, work just as well in the case of an untimely accidental or criminal death?

  81. Re:incompatable with gpl by arose · · Score: 1

    Source code in the context of the GPL is defined as the prefered method of editing.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  82. Stones and glass houses by Infonaut · · Score: 1
    she deserves a cookie or something?

    No, but she is a person. Just like the people at Google who are trying to do the best thing in an imperfect world. After all, China deserves to have Google just like the rest of us.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Stones and glass houses by chrisd · · Score: 1
      I didn't say that she wasn't a person, I just felt that the her past behavior is hardly redeemed by one article in wired about the CC. With regards to china/google thing, I'm not the person who talks about that kind of stuff, but I'm obviously okay with google's explanations about why if I continue to work at google. If you'd like to hold me personally responsible for that, you are welcome to do so.

      Much the same way I hold her personally responsible for her decisions. Not that I expect my opinons of her to matter to her or for that matter anyone else. But hey, this is the internet...

      Chris

      --
      Co-Editor, Open Sources
      Open Source Program Manager, Google, Inc.
    2. Re:Stones and glass houses by Tim+C · · Score: 2, Insightful

      To be fair, the OP didn't say that her past behaviour was redeemed by the article either, just that it demonstrated that there's more to her character than one would think from reading past articles and comments here. That's not exactly hard though; taking the highly-rated comments as being the "opinion of slashdot", it would be hard to find a less one-dimensional picture on most topics; things here tend to be very, very polarised, at least to my eyes.

      That's hardly unique to slashdot though; wherever you have debates about emotive topics, you'll find polarisation of opinion and a complete unwillingness to accept or even listen to opposing viewpoints. It does seem to be taken to quite an extreme here at times, though.

    3. Re:Stones and glass houses by Infonaut · · Score: 1
      I don't have anything against you or Google for that matter. My point was that the organization and the individual are not the same. On Slashdot a lot of people tend to portray individuals who hold opinions contrary to their own as evil, particularly if they are part of an organization with which they disagree.

      The Google/China comment was intended to point to the reality most of us live in - we don't get to call all the shots. This even applies to Rosen when she was at the RIAA. The fact that you hold yourself accountable for the actions of the organization you work for is admirable, and it's the same position Rosen took. She knew she was reviled, but she took the heat and accepted it as part of her job. In that respect at least, she is not a hypocrite.

      My feeling is that she is a hardass by nature, and she probably relished some aspects of being under fire at the RIAA, but now that she's out of that environment she may be getting a chance to see past the melee a bit.

      --
      Read the EFF's Fair Use FAQ
  83. So, let me see if I understand this... by geekwench · · Score: 1
    The RIAA (during Ms. Rosen's stint as frontwoman) killed an indie musician - directly or not, and so a bunch of them got together and cursed Ms. Rosen with a soul? Obviously, her summer of "decompression" in Italy was the result of her having to work out all of the insanity and angst as the result.

    All sarcasm aside; while it is a good thing that she seems to have changed her tune (so to speak), it does nothing to change the fact that the extended copyrights which she so recently championed have done a great deal of ill to the creative process. People have always looked to the wealth of created works that came before them to find inspiration. To look at it from a different angle: public domain is Jung's theory of the collective unconscious made manifest. Ideas are usually not original, but the ways in which they can be expressed are nearly limitless.

    I am an artist; a great deal of the work that I do as a silversmith is inspired by the works of the past. I am a believer in copyrights; at the same time, I would love for someone to stumble across a piece of jewelry that I made, at some point in the future, and be inspired to create their own interpretaion of it, and not be hampered in this endeavor by restrictive and insanely long copyrights. Public domain is there for a reason, and by putting a chokehold on the process by which things enter the public domain, the work of future - not to mention current - artists, writers, and artisans is strangled.

    The RIAA and its sister organizations represent a new - and pernecious - way of thinking about who gets to create what. Think about it: had the RIAA held the sort of power 50 years ago that it does now, Richie Valens could never have released his most famous song. "La Bamba" was a Mexican folk tune, but somebody wrote the words and music long before Mr. Valens gave it a rock-n-roll tempo. He interpreted what he heard, and brought the song to the ears of a far wider audience. Because of copyright extensions, however, nobody will have the opportunity to do the same thing with his interpretion of the same folk song without having to jump through an extensive number of legal hoops first.

    To sum it up: fire bad. Tree pretty. Public domain necessary.

    --
    Doing my level best to piss off the religious right wing...
  84. Speaking as someone who considers himself to be... by Anonymous Coward · · Score: 0

    both creative and common, I say fuck off Rosen, you stupid slut! .

    So okay, maybe I'm just common.

  85. History repeats by argoff · · Score: 1


    Of course this was going to happen, it is just one of the many parallels between the information age and the industrial revolution.

    In the 1800's there were those who strongly believed that the free states should be able to get along with the slave states by working out some kind of compromize that respected their "right" to own slaves. But like most people who support false rights, they were doomed to be the loosers in history and were exploited by the plantation masters.

    Today there are those who see copyrights as some kind of glorious right, as if coercing other peoples copying behavior is a 'property' and not a form of controll. They really want to work out a compromise with the big media industries by keeping the copyright system in tact. In fact they are only setting themselves up to be exploited by the very institutions they are trying to help.

  86. Stop scaring me. by edunbar93 · · Score: 1

    Where do I get the distinct impression that she means that she likes this in much the same way as this?

    --
    "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
  87. Don't forget incentive to publish new works. by jbn-o · · Score: 1

    And there's that pesky bit about copyright working to provide incentive to publish new work. Perpetual exclusive power doesn't incentivize publication, it incentivizes leaving copyrighted works on the shelf to rot (only restoring them when there's profit to be made in distributing authorized copies of the restored version). Adding copyright power to already published works can't incentivize those authors to publish more in the past (and it can't incentivize dead authors either).

    In Eldred, Justice Breyer did the math and noted in his dissenting opinion that we now have over 99% of the value of an (unconstitutional) unending term of copyright:

    The present extension will produce a copyright period of protection that, even under conservative assumptions, is worth more than 99.8% of protection in perpetuity (more than 99.99% for a songwriter like Irving Berlin and a song like Alexander's Ragtime Band).

  88. Not so odd by dunstan · · Score: 1

    No, I think it was just that the penny dropped. CC is just like Copyleft: an author/creator asserts their rights under copyright law and uses those rights to specify how their work should be shared. Both those who copyleft or CC and those who assert "all rights reserved" are expecting copyright law to be complied with, even though we don't like many aspects of copyright law, particularly the excessive terms.

    --
    The last scintilla of doubt just rode out of town
  89. Brian Herbert by No+Such+Agency · · Score: 1

    why should an author/musician's child expect to get income unless he writes/sings/etc?

    Your reasoning gives us the horror that is Brian Herbert's writing.

    --
    Freedom: "I won't!"
  90. Re:incompatable with gpl by GreatBunzinni · · Score: 2, Interesting
    What the hell more do you want? The individual unmixed tracks ready to load up in Pro Tools (or should they use a more OSS-friendly file format)? The instruments they were played on and sheet music to go with it?

    Now that you mentioned it, I believe that the idea of a user being able to remix/remaster the song to be very interesting. And I'm not only thinking about the creative side. For example, if a certain song was presented in a format where the varius tracks were unmixed and the mixing was made in real time, the listener could specify certain surround properties which he liked best. He could shut up the vocalist to get an instrumental/karaoke track, listen to an individual instrument or even reorganize an entire orchestra. That sounds pretty cool to me. There aren't any technical limitations to achieve this. DVDs are more than capable of holding the data needed. Real time mixing isn't a problem either.

    Some people will never be satisfied ... damn.

    There was mono... Some people weren't satisfied. Then stereo... Some weren't satisfied. Then surround... Some people weren't satisfied. Then... Then... You follow the pattern.

    --
    Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
  91. Scare the daylights out of copyright holders by Anonymous Coward · · Score: 0

    "Physical property, unlike creative works is limited. That's why we afford it special protection (and why governments choose to levy taxes on certain forms of it)."

    Hmmmm. This raises an interesting idea.

    Since people are pusing so hard for "intellectual property" and are trying to equate it to physical property, how about we push governments to levy an "intellectual property" tax and to have "intellectual property" tax assessors to set the tax value of the same.

    A Nony Mouse

  92. Rosen is right! by lahvak · · Score: 1

    I completely agree with Rosen! You know, I really think it is unfair that farmers can leave the farm to their children, but I cannot leave my students to my kids! I think it is time to change the law, so that my students would be required to pay royalties to me or my descendants every time they use anything they learned in my classes!

    --
    AccountKiller
  93. I received this letter yesterday... by lahvak · · Score: 1

    ...which says:

    "Dear Sir;

    20 years ago, our father installed a lightswitch in your house. It came to our attention that you are still using that switch. However, our records indicate that we have never received proper royalty payments from you. With the royalty fee of 10 cents per click, with the national average of 6 clicks per day, you now owe us an excess of $4380 in royalties. Please send us the check written to the above mentioned sum by November 15, 2004. Your failure to do so will result in legal proceedings against you. "

    --
    AccountKiller
  94. Re:Brian Herbert by dpilot · · Score: 1

    Your .sig says all that is necessary, in this case.

    "Freedom: I won't!" buy or read Brian Herbert's books. Incidentally, have you ever read the science fiction story that introduced "Freedom: I won't!" or did you pick the phrase up somewhere else?

    --
    The living have better things to do than to continue hating the dead.
  95. Heh. by Anonymous Coward · · Score: 0

    Former RIAA CEO still a stupid cunt, film at 11.

  96. LIMITED by dpilot · · Score: 1

    Unfortunately your understanding of the term LIMITED has no correlation with that of our corporation and lawmakers, and equally unfortunately the framers of the Constitution inserted no guidance.

    Perhaps LIMITED means...
    From the creation of a work, for the rest of eternity. Your are free to make use of that work, prior to its creation.
    From the creation of a work to the end of the Human Race.

    Either case means copyright is LIMITED in a way that suits corporations just fine, but does nothing meaningful for society. IMHO both cases are in direct contradiction with the Constitution, as well. Obviously what we think doesn't matter... for the moment. In the long run, the only thing US tightening/extending of copyright will do is push innovation overseas. Given that the EU is following in the US footsteps in this regard, that means that the Next Wave will probably come from the Far East for technology and South America for music. (If I were guessing, right now)

    --
    The living have better things to do than to continue hating the dead.
  97. Re: And Then There Were None by No+Such+Agency · · Score: 1

    Have I read it? It's great! I'm not sure if a society like the Gands would really work (at more than a basic agrarian level) but it sure was entertaining to read about.

    --
    Freedom: "I won't!"
  98. News for Nerds from the future by Anonymous Coward · · Score: 1, Funny

    Your Rights Online: Bill Gates Loves Linux and the GPL
    Posted by CowboyNeal on Tuesday October 26, @08:04PM

    Bill Gates, formerly of Microsoft, has written a piece in Wired extolling the virtues of Linus Torvalds's Linux and the GPL system, providing such juicy tidbits as 'I'm still cynical about its origins, but I've come to love the GPL and, most of all, Linux,' and 'the industry ought to embrace the GPL as an agile partner providing tools for new ways to do business.' He's not quite ready to pooh-pooh the current all-or-nothing licensing regime just yet but this sounds like good progress."

  99. I didn't say anything about "controversy." by poptones · · Score: 1

    MP3.com built its business around the concept of being one of those "revolutionaries" that rejects the system. Record your garage band, post it here, foster "community" as best you can and build on it - reject the system?

    But when it became clear this wasn't working for them what did Mr. Mike do to "bring in new ears?" He decided to co-opt that very same system. The CEO said openly, again and again, this was an attempt to bring in more "madonna fans" to expose them to "the community."

    In other words it wasn't 'revolutionary" at all and this "controversial" ploy was simply one more attempt at the new trying to co-opt the old rather than define itself on its own terms. he didn't really believe in any of those people who believed in him, he was just looking for a way to build a collection of music he could "license" to others but wouldn't have to pay for. He sold out the site, and sold out the thousands of people who believed in him enough to contribute their works to his "community."