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MPAA Cracking Down on TV Torrent Sites

sallgeud writes "It appears the other shoe has dropped and the MPAA is now going after sites which link to torrents of TV shows. The beef with redistributing copyrighted material seems to make sense... but I'm wondering if it makes a difference in the world of DVR. The vast majority of downloads appeared to be of content that is broadcast free over the airwaves. I'm wondering how much different this is than going after Tivo? Would these sites have been hit with lawsuits if they had stuck to purely over-the-air broadcasts?"

84 of 436 comments (clear)

  1. Is Zonk the new Timothy? by Anonymous Coward · · Score: 5, Funny

    Since there is nothing new to read, here's a story about cats.

    I don't want to start a holy war here, but what is the deal with you cat fanatics? I've been sitting here on my sofa in front of a cat (a sealpoint siamese) for about 20 minutes now while attempting to get it's attention away from a bug on the floor. 20 minutes. At home, with my labrador cross, which by all standards should be a lot dumber than this cat, the same operation would take about 2 minutes. If that.

    In addition, during this attention seeking attempt, my children's attention is also held by the cat. And everything else has ground to a halt. Even trying to get the remote from my partner fails.

    I won't bore you with the laundry list of other problems that I've encountered while dealing with other cats, but suffice it to say there have been many, not the least of which is I've never seen a cat that fetches as much as it's canine counterpart, despite the cat's faster ambulatory system. My terrier with one ingrown toenail runs consistently faster than this siamese at times, as the cat is often completely asleep. From a productivity standpoint, I don't get how people can claim that the cat is a superior animal.

    1. Re:Is Zonk the new Timothy? by /ASCII · · Score: 4, Interesting

      This post is in reply to your subject, not your unfounded accusations about out feline overlords.

      Zonk is not the new timothy. Check out his journal. He posts replys to other peoples comments, so he clearly reads a few comments on Slashdot at least once or twice a week. That can't be said of very many of the Slashdot editors.

      But I couldn't help noticing that right now all except one posts of the posts on the main page are made by him...

      --
      Try out fish, the friendly interactive shell.
    2. Re:Is Zonk the new Timothy? by FidelCatsro · · Score: 3, Interesting

      I have only ever had a problem with one zonk posted story and and i did question it and from what i can tell he is very open to suggestions .
      I personly find this story intresting , don't know if its a dupe nor do i care(the only people who care about it being a dupe are the ones who have already read it , the others get an opertunity to discuss something they missed, and they ahve been rather good in avoiding dupes this past week or so).

      On the issue
      "The MPAA claims that since it began action against torrent sites, the amount of time required to download a pirated file has increased "exponentially."
      "
      *cough*sckollob*cough* , All the MPAA chasing after random sites has done is move people to new pastures , they kill one torrent site and another three pop up in various locations , it has exponentialy increased anon trackers and sites which link to external torrents.
      I am no supporting or attacking people who choose to download Films .
      I am quite in support of TV downloads but that is another issue( i download alot of stuff from the UK and the USA which i dont get here in germany or its dubbed horribly , ala the simpsons and i do own every simpsons DVDs i just dont fancy waiting 5-14 years till it comes out on DVD to see it).

      The MPAA and RIAA are begining to sound more and more like king Canute , You cant stop the tide . You either learn to work with it or you drown

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    3. Re:Is Zonk the new Timothy? by /ASCII · · Score: 2, Informative

      My post was not meant as an attack on Zonk.

      --
      Try out fish, the friendly interactive shell.
    4. Re:Is Zonk the new Timothy? by Anonymous Coward · · Score: 2, Informative

      Actually:

      He is perhaps best remembered for the legend of how he commanded the waves to go back. According to the legend, he grew tired of flattery from his courtiers. When one such flatterer gushed that the king could even command the obedience of the sea, Canute proved him wrong by practical demonstration at Southampton, his point being that even a king's powers have limits. Unfortunately, this legend is sometimes misunderstood to mean that he believed himself so powerful that the natural elements would obey him, and that his failure to command the tides only made him look foolish.

    5. Re:Is Zonk the new Timothy? by Anonymous Coward · · Score: 2, Informative

      No, that story is how King Canute is misrepresented by certain people. The actual story is that Canute, recognising his subjects were idiots who thought he was god-like, sought to demonstrate he was not actually all-powerful by failing to turn back the tide.

      Unfortunately, many of his aforementioned idiot subjects failed to get the point, and just thought he was mental.

      Usually, you can tell the socioeconomic class of a person in Britain by which variant they relate: if they're "ooh help I'm being repressed" working-class, they'll paint Canute as arrogant and stupid in the manner of your story. If they're middle or upper class (and aware of the historical data), they'll relate the more sensible "Canute demonstrating he's just some guy" story.

    6. Re:Is Zonk the new Timothy? by dangitman · · Score: 4, Funny
      At home, with my labrador cross, which by all standards should be a lot dumber than this cat, the same operation would take about 2 minutes. If that.

      That just shows how stupid your dog is - it cares more about you and your "distractions" than itself. That's not smart, that's being easily suggestible.

      In addition, during this attention seeking attempt, my children's attention is also held by the cat. And everything else has ground to a halt. Even trying to get the remote from my partner fails.

      Thus demonstrating how much smarter and more attractive than you the cat is.

      My terrier with one ingrown toenail runs consistently faster than this siamese at times, as the cat is often completely asleep.

      Again, cat is smart, gets to spend significant amount of time sleeping and being lazy. "Productivity" is for chumps and slaves. Mind you, if your terrier decided to wake a cat, the cat could easily tear it to pieces. My cat slashed the fuck out of a large Pitbull once. Don't mess with cats.

      --
      ... and then they built the supercollider.
    7. Re:Is Zonk the new Timothy? by FidelCatsro · · Score: 2, Informative

      you are aware it most likely never actualy happend and is a simple myth (many other cultures have simmilar storys)
      also http://www.mythome.org/environ.html
      there are also two versions of the story , one by his enemys (the one which i cited ) and the one by his freinds , it has nothing to do with class.
      So infact both are right and both are fables .
      There is no evidence to support either having actualy occured .
      So those who know the historic facts are in the know that it was a myth

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    8. Re:Is Zonk the new Timothy? by golgotha007 · · Score: 4, Interesting

      All the MPAA chasing after random sites has done is move people to new pastures , they kill one torrent site and another three pop up in various locations , it has exponentialy increased anon trackers and sites which link to external torrents.

      I really fail to understand why everyone is making this such a huge problem.

      All these torrent website operators need to do is host their content in eastern European (Russian) networks and all their problems magically go away. Why is this so difficult to understand?

      The other problem is the mentality of these operators. I have tried to help them on numerous occasions to realize the simple fix to their problems (by donating free bandwidth in eastern European networks to them). Have you been on any of these type of IRC channels? These guys all have enormous attitudes and think themselves on a level of no less of God himself. They tell me that I don't know what I'm talking about. As an owner and operator of a large ISP in eastern Europe, let's just say that indeed I do know what I'm talking about. I can host anything I want, completely free of worry of European or American jurisdiction and laws.

      The networks here are the wild, wild west of the Internet. No local authorities (laws or jurisdictions) or higher level ISP's block or attempt to block content infringing on copyright and/or intellectual property.

      So, until these website operators learn to host their content on webservers outside of American or European jurisdiction, their problems will never go away. Unfortunetly, their heads are too big to realize simple truth.

    9. Re:Is Zonk the new Timothy? by towndowner · · Score: 2, Funny

      that cat spent 20 minutes trying to tell you to clean the floor.

    10. Re:Is Zonk the new Timothy? by Larry+Lightbulb · · Score: 2, Funny

      Doesn't it mean that you're less interesting than a bug?

  2. Repost by Xeo+024 · · Score: 5, Informative

    It's a dupe.

  3. heh by Seiruu · · Score: 5, Funny

    In the near future, we'll all be paying a monthly fee for having a memory, too!

  4. The main issue by Agret · · Score: 3, Interesting

    I think the main issue here is that the shows are being distributed with the ad-breaks cut out so there are a bunch of advertisers paying the TV networks to air their ads and the online people are getting them with no ads at all.

    --
    Have you metaroderated recently?
    1. Re:The main issue by bjprice · · Score: 5, Interesting

      So how about the new series of Doctor Who, aired on the BBC (so no advertisements)?

      Can I, as a license paying Brit, download episodes which have already been broadcast without fear of legal action?

      --
      v4sw6HPU$hw5ln6pr5$ck4ma8u7LMO$w2m6l7DL$i2e3t4MWb9AHKMRTen5a29s0r1p-5.88/-8.36g5CST
    2. Re:The main issue by Flamsmark · · Score: 2, Insightful

      the sick man of europe when it comes to broadband? i'm a brit. i can walk out of my house for twenty miles in any direction and neither see a house without a broadband connection, nor be outside the range of wlans plugged into such [unless i catch the tube, in which case i am underground, and only get wlan access half the time]

      --
      copyright © 2005 Flamsmsmark the ravings of a melancholly i
    3. Re:The main issue by anethema · · Score: 4, Funny

      Short answer, no.

      Long answer, nooooooooooooooooooooooooooooooooooo.

      --


      It's easier to fight for one's principles than to live up to them.
  5. Btefnet isn't closed by Seft · · Score: 2, Insightful

    Stupid journalists, rtfirc :)

    1. Re:Btefnet isn't closed by Buzzard2501 · · Score: 3, Informative

      oblivionx (an op on #bt @ efnet): "The site was not shut down, we took it offline. The MPAA has NOT contacted us yet, so as of right now we are not in a lawsuit."

      The channel was back to normal before (with the latest Dr. Who ep), but has since been set +m.

      --
      Real programmers don't comment their code. It was hard to write, it should be hard to understand.
  6. Is that a serious question? by Tim+C · · Score: 5, Insightful

    Tivo allows personal time-shifting of a broadcast program so you can watch it at a more convenient time. BitTorrent allows distribution of programs to others.

    IANAL, but I suspect that fair use allows for the former but not the latter. In either case, the difference should be clear, in both intent and in practice.

    1. Re:Is that a serious question? by LiquidCoooled · · Score: 2, Insightful

      I missed the latest Doctor who as broadcast last night on terrestial TV (for which I have paid a license fee).
      I could either drive over to my mothers and pick up her video, or I can go and download it.

      (Of course, there are other perks to going to your mothers on a Sunday afternoon, no bittorrent site I ever found offered a roast dinner)

      --
      liqbase :: faster than paper
    2. Re:Is that a serious question? by greypilgrim · · Score: 2, Interesting

      I think it is not really clear how fair use works in this case. I think what it boils down to, is that it is perfectly legal to download one copy of a show, but it is illegal to distribute. This would explain why the MPAA is going after the sites that offer tv torrents, and not the people downloading them(yet).

    3. Re:Is that a serious question? by Lifewish · · Score: 2, Insightful

      Neither, I assume, does the guy's mother. It's interesting that the MPAA and co. only stopped screaming about how morally wrong the concept of home recording was when it became clear that it was a major cash cow.

      Since discovering that particular bit of history (I'm too young to remember it personally) I tend to just play things by "no harm, no foul" rules. In this case, that would mean downloading Dr Who, since I was never going to watch it with adverts in place anyway (I'm at uni without a telly, so it's being recorded at home and parents rarely make a point of taping the adverts).

      "No harm no foul" is legally unenforceable but imo is very nearly as moral and a damn sight less confusing to live by.

      --
      For the love of God, please learn to spell "ridiculous"!!!
    4. Re:Is that a serious question? by cpt+kangarooski · · Score: 2

      Fair use allows any otherwise infringing activity, so long as it is fair. It's just that it's probably easier to successfully argue that reproduction is fair than that distribution is fair, given the circumstances involved.

      You can see what's infringing at 17 USC 106, and how to determine whether there is a fair use by using the four listed factors at 17 USC 107.

      --
      -- 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.
    5. Re:Is that a serious question? by cpt+kangarooski · · Score: 4, Interesting

      I think what it boils down to, is that it is perfectly legal to download one copy of a show, but it is illegal to distribute.

      Nope. Every time you have a purported fair use, you run through the analysis again. There's no sort of numerical limit involved, nor a hard rule against any kind of infringement rather than any other.

      MPAA, like RIAA, has just been going after people that are easy for it to find, and who are further up the chain.

      I.e. getting rid of P2P networks (as they tried in Napster and are trying in Grokster) prevents or impairs lots of people downstream from sharing since they can't use that network any more. Getting rid of trackers affects lots of people further down as well. Getting rid of uploaders at least affects some downloaders and leechers. Getting rid of downloaders doesn't really have affects on others at all. It's a simple 'attack the head of the snake' principle.

      --
      -- 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.
    6. Re:Is that a serious question? by YrWrstNtmr · · Score: 3, Insightful
      Neither, I assume, does the guy's mother. It's interesting that the MPAA and co. only stopped screaming about how morally wrong the concept of home recording was when it became clear that it was a major cash cow.

      Taping audio/video and passing it among your friends has been going on for decades. Also, that couldn't expand very far due to generational losses. Technically copyright infringement, but way under their radar.

      The difference now is your circle of friends has expanded to include everyone online (potentially millions), and the copies they receive are identical to the original, and can be distributed again and again.

      Eventually they will come to terms with this, but the landscape is changing too fast for them to keep up.

      One of the main problems is people have come to expect free downloading of music and video. Why should I pay when I can get it from eDonkey or BitTorrent for free? In the music realm, iTunes has made some inroads into legal, pay downloads. But free still trumps $1 per track for a lot of people.

    7. Re:Is that a serious question? by LiquidCoooled · · Score: 4, Informative

      The best part about the BBC is that there are no adverts to block anyway.

      In the near future, the entire library of BBC programs as broadcast will be available online.
      It is already happening with the radio shows and other material.

      At that point, most of the torrents and other p2p links for bbc material should begin to dry up.

      I pay for the BBC, and find their attitude to the web refreshing in todays over commerialised world.

      Some links:

      bbc home page
      News about opening archive

      --
      liqbase :: faster than paper
    8. Re:Is that a serious question? by elbobo · · Score: 4, Insightful

      One of the main problems is people have come to expect free downloading of music and video. Why should I pay when I can get it from eDonkey or BitTorrent for free? In the music realm, iTunes has made some inroads into legal, pay downloads. But free still trumps $1 per track for a lot of people.

      I think this is one of the fundamental misinterpretations of online music/video piracy.

      I don't believe it's about price or "free" at all, I believe it's about convenience. The question that people ask themselves is, "What is the easiest way to get what I want? Which is the path of least resistance? What offers the most convenience?"

      Traditionally it's been easier to just go out and buy the product rather than hunt out an illegal copy, but the internet has turned that on its head. The affected industries have to get their acts together and turn things back around to how they should be. Initiatives like the iTunes Music Store go a long way towards achieving that, but nothing practical is being offered for TV/movies as of yet.

  7. Can you be sued if... by PrivateDonut · · Score: 3, Interesting

    Can you be sued if you havn't downloaded any content, and havn't uploaded any content, but provide a website that hosts .torrent files? The MPAA can send you a cease and desist order, can't they? but is there much they can do to enforce it.

    1. Re:Can you be sued if... by Dutch_Cap · · Score: 2, Informative

      "Can you be sued if you havn't downloaded any content, and havn't uploaded any content, but provide a website that hosts .torrent files?"

      Well, not in Sweden. Not sure about other countries, though.

    2. Re:Can you be sued if... by mrsev · · Score: 3, Insightful

      ...Listen very carefully. I shall say this only once.

      YOU CAN BE SUED FOR ANYTHING BY ANYONE. Will they win the case, that is the important part?

      .

    3. Re:Can you be sued if... by AndroidCat · · Score: 2, Insightful
      YOU CAN BE SUED FOR ANYTHING BY ANYONE. Will they win the case, that is the important part?

      Before that comes the key question: Can you afford a lawyer? If the answer is no, then the rest is moot.

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:Can you be sued if... by MKalus · · Score: 2, Insightful

      In the american system the question seems to be more if you can afford to win.

      --
      If you want to e-mail me, use my PGP Key.
  8. Re:isohunt.com - gone? by Agret · · Score: 2, Informative

    Going to http://www.isohunt.com/ takes me to http://www.torrentbox.com/

    Maybe they felt like a change? ;)

    --
    Have you metaroderated recently?
  9. Much better solutions by Pharmboy · · Score: 5, Insightful

    I don't expect to give up downloading TV shows anytime soon. The real kicker is that if the broadcasters would instead offer bittorents of the shows (with a few commercials to pay for them) at the same time they are broadcast, they would beat the groups that are ripping them soley for "respect" from peers. AND they would have the control they are so desperately seeking.

    TV shows are about the only thing I download via bittorrent (and a few books), mainly because I can't watch when shows are on, and it is more convenient than my DVR. The shows I watch already have logos from TV stations, etc., why not run a "drink coke" banner at the bottom from time to time instead?

    If they were really smart, they would also provide their own bittorrent tracker server (complete with Google/Overture ads), making it unnecessary for me to go to other sites and be "tempted" to download music and movies as well.

    --
    Tequila: It's not just for breakfast anymore!
    1. Re:Much better solutions by Babbster · · Score: 4, Insightful

      One problem with the idea of networks torrenting their own shows is that they would then be in competition with their own affiliates. Remember, the broadcast networks own relatively few television stations themselves and have to rely on agreements with TV stations owned by others in order to show their programming at all. If the network starts distributing their content outside this system, they risk the whole thing crashing down on them...not to mention that there are probably clauses in the contracts which state explicitly that the network can't use alternate means to distribute their shows in the area of each affiliate. The internet, of course, is available in every affiliate area and a network torrent system would end up the basis of many lawsuits.

  10. Death to Mickey Mouse, long live the Marx Brothers by shanen · · Score: 4, Insightful
    I feel like I'm restating the obvious, but the MPAA is perverting the intention of copyright. The idea was to *ENCOURAGE* creativity, not to maximize anyone's profits in perpetuity. The idea was that you would get some profits for your creative efforts, not that you would forever strangle anyone who tried to create after you.

    Mickey Mouse is the poster child for one part of the abuse. In Mickey's case, they are extending the copyright forever so that they can continue to milk the mouse. If you don't like mouse milk, that's just too effing bad. They have also greatly extended the coverage of copyright against derivative work, again to keep the mouse (and friends) alive and "uncontaminated".

    The Marx Brothers represent a different kind of abuse. That's a case where they use (extended) copyright to suppress distribution of works that ought to be in the public domain. In this case, those works would compete very favorably with the tripe Hollywood produces--so they avoid the competition by suppressing those golden oldies.

    Who said crime doesn't pay?

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  11. Re:I was always wondering... by Dutch_Cap · · Score: 2, Insightful

    Well, they do usually cut out the commercials, which is what most networks get their money from.

  12. Well yes, they would... by Gilesx · · Score: 4, Insightful

    Not to burst anyone's bubble here, but I'm thinking that those sites probably would have still been busted even if they stuck to free to air content.

    How many TV torrents still contain the original advertisements they aired with? I'm thinking in the region of.. hmm... zero? Now, how is all this "free to air" television subsidised? Oh? Advertisements?

    Do you see now?

    --
    Sunday you're Thinking Different, Monday you're a huge tool, paying too much and waiting to think like everyone else.
    1. Re:Well yes, they would... by bani · · Score: 4, Insightful

      remember you're talking about an industry that has publically stated they feel that going to the bathroom for a potty break during commercials is theft of revenue and "immoral".

    2. Re:Well yes, they would... by StrawberryFrog · · Score: 4, Informative

      How many TV torrents still contain the original advertisements they aired with? I'm thinking in the region of.. hmm... zero? Now, how is all this "free to air" television subsidised? Oh? Advertisements?

      Actually, I'm downloading the episode of Dr Who that I missed last night. The original contained no advertisiments, and is subsidised by the tax that I pay in the UK. Now the reason why I shouldn't download it again is ... what exactly?

      ALso I'm really not sure what the difference is between downloading an American show that I missed a few weeks ago on the Sci-fi channel (yup, again I pay for that), and recording it with a VCR, DVR, TiVo or whatnot.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    3. Re:Well yes, they would... by Trejkaz · · Score: 2, Insightful

      Maybe if they let those of us who are overseas watch it earlier, we wouldn't need to download it.

      Just a thought.

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
    4. Re:Well yes, they would... by StrawberryFrog · · Score: 2, Insightful

      Programming on the sci-fi channel is partly funded by adverts. By downloading the content instead ... you reduce the value of those adverts

      As opposed to the value that they would have if I were to legally record the show to VCR and fast-forward the ads?

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    5. Re:Well yes, they would... by YrWrstNtmr · · Score: 2, Informative
      As opposed to the value that they would have if I were to legally record the show to VCR and fast-forward the ads?

      The percentage of people that do that (along with the number of people that make a sandwich or go to the bathroom) is factored into their 'numbers of eyeballs' calculations. The advertisers, networks, and media survey people have surveys and stats on this going back decades.

    6. Re:Well yes, they would... by wooley-one · · Score: 2, Informative

      Jamie Kellner said so in an interview with CableWorld

      http://www.broadband-pbimedia.com/cgi/cw/show_mag. cgi?pub=cw&mon=042902&file=contents_king.inc

      excerpt below:

      JK: ... We'd be running the exact same spots. It would all be incremental viewership. That's just one idea. I'm a big believer we have to make television more convenient or we will drive the penetration of PVRs and things like that, which I'm not sure is good for the cable industry or the broadcast industry or the networks.

      CW: Why not?

      JK: Because of the ad skips.... It's theft. Your contract with the network when you get the show is you're going to watch the spots. Otherwise you couldn't get the show on an ad-supported basis. Any time you skip a commercial or watch the button you're actually stealing the programming.

      CW: What if you have to go to the bathroom or get up to get a Coke?

      JK: I guess there's a certain amount of tolerance for going to the bathroom. But if you formalize it and you create a device that skips certain second increments, you've got that only for one reason, unless you go to the bathroom for 30 seconds. They've done that just to make it easy for someone to skip a commercial.

  13. Here are three by mindaktiviti · · Score: 4, Informative

    #1) The commercials are typically ripped out.

    #2) Even if the commercials were kept in you could still fast forward through them.

    #3) They don't control it. Nor would they probably want such a model because it wouldn't allow them the same amount of power as before (i.e. with these so called "television sets").

    1. Re:Here are three by Pharmboy · · Score: 2, Interesting

      #2) Even if the commercials were kept in you could still fast forward through them.

      I do that while watching LIVE tv. (sorta)

      I start watching an hour show at 20 after the hour, and using my DVR, rewind to the beginning and FF thru the commercials. this way I am done watching it as it really ends. Also, when I just record and watch later, I do the same thing.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Here are three by Teja · · Score: 2, Informative

      I have yet to see one's with commercials still in them. I'd think that it'd be more of a hassle to seed since all it will do is just raise up the download size. Typically, here is how I've seen it as. A typical 1 hour show (Non HDTV) w/o commericals (Usually is 42 minutes with intro and ending credits) usually add up to around 350 MB. A typicall half hour show (Non HDTV) w/o commercials (Usually is around 22 minutes with the intro and the ending credits) usually add up to around 170 MB or so. While it'd be quicker to get it up online, you probably won't see nearly as many seeders knowing that there are still commercials in them (sure you can fast forward, but why bother when you can download one's that you don't have to with?)

      --
      - Teja
    3. Re:Here are three by 6e7a · · Score: 2, Insightful

      Wouldn't it be cool if you could download a show with commercials that were targeted so specifically at _you_ that you didn't _want_ to fast forward through them?

  14. Expats by Anubis333 · · Score: 4, Interesting

    As much as I know it is still illegal and considered wrong. I live and work in Germany, and these shows and movies just aren't available here. I don't have the option of going to the local cinema to see a film, and when they do get here, they are always dubbed into another language.

    When I do try to play by the rules and order a DVD from the US of a movie I want to see (ie.. incredibles) It won't play on my player because of the region code.

    I am not saying that downloading and watching the dailyshow everyday is right, but there is definitely a moral grey area. Even with the most expensive satellite package, I can only get this 'dailyshow weekly update' on CNN.

    I mean I can see how shows ripped without commercials would be frowned upon, but they advertise products that aren't available here anyway.

    1. Re:Expats by markholmberg · · Score: 3, Informative

      From my own experience I can tell you one does not need to be an expat to have the same problem.

      I have lived in quite many countries - Canada, USA, France, Sweden etc. While abroad, I learnt to love many programs we do not get in my native country, for example Leno, O'Brien and Daily Show with Jon Stewart. I have also adopted a lot of the other cultures along the way. For example, I find american political life hugely interesting (and slightly amusing).

      Anyways, there is no way for me currently to obtain these shows other than using bittorrent.

      What strikes me as odd is, why don't the TV channels just embrace us "global" people as a new market segment rather than just trying to act all hostile. Historically, customers were segmented and marketed by where they live as you also had to shop there. By this, you formed your 4P's of marketing. That is not true anymore. I, a person living in Finland, can have very similar needs and a mindset as a person living in California. Thanks to global trade and the promise of e-commerce, I can also be marketed very similar products. There are countless examples of products I have bought online that I have seen advertised elsewhere than my home country. Books, clothing etc.

      I guess the main problem is, that with media, the products is differentiated to the max. There is only one company that can provide me with "the daily show" or the newest CD by Moby. With no substitutes available...

      (And here is something for you that say "why don't you download music by bands that distribute it online". Different pieces of music are just NOT substitutes)

  15. slashback by nounderscores · · Score: 2, Insightful

    when you say "a better solution for important stories" possibly missed by non-refreshers, you mean a solution like slashback?

  16. BtEfnet's torrents on ED2k by Un-Thesis · · Score: 2, Interesting

    This link is being reported to be a backup of all of btefnet's torrents as of the day it went down. It appears to have several tens of thousands of torrents and is 24 MB.

    ed2k://|file|torrents.tar.bz2|24171559|75405CBDB 7F 9B97482AF94535EA8930A|/

    Bittorrent is shut down, ED2K Forever.

    --
    Promote freedom; fight fascism.
  17. Re:Once again, they just don't get it... by Phil246 · · Score: 2, Interesting

    The MPAA must really hate the BBC then :)
    No commercial ads on it - at all.
    Mind you, its paid for through a license fee, so wouldnt it be reasonable to assume that since its been paid for already through the license fee, that UK people have a right to watch anything on the BBC however they choose.
    Even torrents of the shows.

  18. PBS / Public TV re-broadcast by medina · · Score: 2, Insightful

    I love public TV. Unfortunately, they have a lot of shows I like to see so late at night. Can these be happily re-broadcast via BitTorrent? There are not advertisements (except for the short "sponsor" messages in the beginning).

    Nature, I Claudius, Colonial House... c'mon you guys love this stuff too, right? Commercial TV is 60% crap, even without the commercials.

  19. Stargate Atlantis got my cable service terminated. by Anonymous Coward · · Score: 2, Interesting

    Yep, this is happening even for downloaders and uploaders including myself.

    Stargate Atlantis was one of the T.V. shows. Back in December 2004, Adelphia terminated my cable service account (for forever -- blacklisted) for D.M.C.A. because I was sharing two Stargate Atlantis episodes over BitTorrent according to BayTSP and M.G.M.'s hardcopy letter copy (http://www.google.com/search?q=baytsp+mgm+stargat e for samples).

  20. Re:So what? by 1u3hr · · Score: 5, Insightful
    Not everybody checks slashdot with religious zeal. By having dupes the important stories can be shown to those who missed it (cause maybe the first posting was at a wierd time).

    Stories aren't reposted because they're "important". They're reposted because the editors are careless and didn;t notice. If I can't read Slashdot for a few days, I just browse through the "Older Stuff" stories linked conveniently on the right side of the front page.

    I get annoyed at this because Slashdot regularly asks me to moderate posts, to improve the quality of the site, but provides no usable mechanism to moderate the editors. Even the email address on is encouraged to send warnings of dupes and errors is rarely answered, sometimes bounces, and is ignored in almost all cases. So now I rarely boither to mod at all; why should I care about the quality of the site when the editors obviously don't? In work I've found it similarly disheartening to be concerned with quality when the managemnent doesn't give more than lip service to the concept.

  21. IRC? by Teja · · Score: 3, Interesting

    Has anyone wondered if IRC will be cracked down anytime soon? I mean, btefnet posts the torrents which are taken from IRC (#bt of effnet). People still can get the torrents from IRC (in fact, here is how the chain goes, the ripper will talk to someone in IRC, they will create torrent, then it is released to the masses on IRC, then it is posted on website, and then the whole world gets it. As far as I know, that is how it goes).

    --
    - Teja
  22. The issue is DVD sales by alen · · Score: 2, Interesting

    The studios make a lot of money selling entire seasons of shows on DVD free of ads. Advertising isn't the issue here. The studios don't want free shows on the internet when they are trying to sell DVD's of what they broadcast on TV sometimes decades ago.

    1. Re:The issue is DVD sales by alexq · · Score: 2, Insightful
      Not entirely a good point - there are always people who tape the entire season of a show - even editing out the commercials - and in theory have no need to buy it, but do anyway. plus, there are people for whom to taping of _every_ episode is tedious - likewise, downloading _every_ episode would be potentially just as tedious...

      it's just like the radio vs mp3 argument.. there's some weight to it, but not as much as it might look like at first glance...

  23. Nonsense story ?! by sla291 · · Score: 3, Interesting

    TV shows are FREE as beer, but they are the property of their authors or their channels.

    They broadcast them on TV under their terms (ads, logo, ...) for free, but why would that mean that you can download them without their terms ? They don't authorize you to watch the show without complying to their terms. They can.

    People don't understand that. You can argue P2P helps shows. I'm ok with you. Still, it's illegal.

    So please somebody start a company broadcasting TV shows WITH ads under a CC-by-nc-nd license and bittorrent.

    That already exists for music albums : http://www.jamendo.com/ and it rocks !

  24. Atleast there's hope... by Teja · · Score: 2, Interesting

    On this BBC news article it was stated at the end that "The MPAA says it wants to encourage legitimate download sites instead. Several TV companies are experimenting with legal peer-to-peer based downloads, including the BBC." This provides a bit of hope for those that were hoping to pay to see shows by paying legally.

    --
    - Teja
  25. I can't wait by ta+ma+de · · Score: 4, Interesting

    I hope legal section on piratebay gets some fresh content. http://static.thepiratebay.org/legal/

  26. Re:Death to Mickey Mouse, long live the Marx Broth by cpt+kangarooski · · Score: 5, Interesting

    I would see it differently. Extending copyright encourages creativity because it shows that if you can come up with good original concept that catches the popular imagination you can make an absolute mint off it. If that does not encourage people to create, or investors to back creative people nothing will.

    Well, Disney began at a time when terms, among other things, were much less than they were now. Clearly he didn't need additional encouragement later, so why should there be a retroactive copyright for his work, especially long after he's dead?

    But this really ignores the main issue: we don't want to encourage creativity too much. What we want is to best serve the public interest. But the public has several, equal interests. First, they want original works created. Second, they want derivative works created. Third, they want works to be unencumbered -- this means free as in beer, and free as in freedom.

    Without copyright, we have fully satisfied the third, somewhat satisfied the second, and slightly satisfied the first. We can sum this up and determine the net satisfaction of the public interest.

    If we then offered a copyright of, say, 5 years, we'd reduce the immediate satisfaction of the third and second, but hopefully increase satisfaction of the first by a greater amount, and also some satisfaction of the second. We can sum these up too, and see if the net satisfaction is greater or lower than in other scenarios.

    What we want is to find the scenario that involves the least restrictive laws and the greatest satisfaction of public interest. This will almost certainly not be the point at which we maximize the first interest -- which is what you were talking about -- because there are other interests at issue as well. (And plus copyright holders don't like competition, so they're known to use their rights as a sword, rather than a shield, and claim infringement to keep up-and-coming artists out of the marketplace; maximum creation of original works is thus probably impossible)

    Given that most artists will never see economic value from their copyrights at all, and yet are encouraged to create, and given that in the rare cases that they do, this is almost always realized immediately (the vast majority of revenue for any medium is made when a work is first released in that medium, and dies off days-months afterwards), I think that we could still get the vast majority of creation we see now -- maybe more -- even if copyright terms were extremely short. And we'd all be better off too, since this would encourage more work in derivatives, and more freedom with regards to created works.

    Preventing people from rehashing old ideas from the 30's and 40's is not necessarily a bad thing.

    It is actually, all else being equal. A lot of the best work is derivative, where people spend more time on polish than the underlying concept. For example Shakespeare's plays were virtually all either based on history, or earlier plays and stories which he made new versions of. He was not a big original thinker. That shouldn't be held against him -- he was good.

    --
    -- 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.
  27. Re:I was always wondering... by cpt+kangarooski · · Score: 3, Informative
    TV shows are copyrighted, but is their distribution illegal?

    Let's see:

    Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 ... is an infringer of the copyright.

    17 USC 501(a)


    So let's see section 106:

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

    (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

    17 USC 106


    So yeah -- unless there's some applicable exception here (I wouldn't bet on it) -- it's illegal.
    --
    -- 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.
  28. Dear broadcast big bosses: by houghi · · Score: 4, Interesting

    Make the shows available for bittorrent. Include extra advertisement directed towards the Internet crowd. Put advertisemnet in another corner.

    You have 4 corners. 1 for the network and three to sell. Also include small extra's that are not available on the TV show and organise a '7 differences for 7 shows' contest so peole want to see BOTH.

    Learn wat viral advertisement is and abuse it so much people are not even interested anymore in bittorrent.

    Embrace it, do not fight it. Talk to your marketing people and tell them you have 10.000.000 people who watch your show and do not watch TV. Ask them if they are interested in that.

    These people will be humping your leg so fast you will not know what hit you. You can even sell these services to others in other countries, so they can do the same with subtitled or syncronised shows and programs.

    These people are a new market for cross and deepselling my friends. As lomg as people watch, you have a place to sell.

    Put in a blue screen somewhere in the show that during normal broadcast is a building and on the bittorrent is an advertisement. I asure you, people from marketing and advertisement will go apenuts over this. You will be offerd so much sex, you wich you were impotent (well, you probably are, but you get my point).

    --
    Don't fight for your country, if your country does not fight for you.
  29. It's not so much about the content... by Senor_Programmer · · Score: 4, Interesting

    It's the huge fear of losing control over distribution. Without control of distribution on one side, there can be no control of artists on the other. It's the frigging middle man getting squeezed out of the picture and fighting for his life scenario.

    Wake up folks. It's not about their stuff, it's abotu your freedom. Why the hell do you think you don't have enough upstream bandwidth to support an ad-hoc, real time distributed distribution system?

    I'll tell you. Because the TeeVee, radio, and theatre middle men would become extinct....The artists? They'd thrive because the demand for material is independent of the mode of distribution.

  30. Re:Death to Mickey Mouse, long live the Marx Broth by Travelsonic · · Score: 2, Interesting
    Extending copyright encourages creativity because it shows that if you can come up with good original concept that catches the popular imagination you can make an absolute mint off it.

    But that is NOT what copyrights are about. they are not about making tons of money at all, but to encourage creativity by allowing people a temporary monopoly on a work, but AFTER that LIMITED time it HAS to enter the public domain. What you are asking for an extention on, and what Disney has done will only end up stifling creativity because those raw ideas (like just asking to draw a talking mouse for example) will be locked away and any attempt to draw one of those [talking mice] no matter how un-similar to Disney's Mickey Mouse will end up in legitation.


    Disney have invested serious time and effort in building up a brand around their characters, why should they drop copyright and let others make inferior duplicates ad nauseum until the original concept is destroyed.

    Because they are not (mostly) original works. They were ripped from the public domain stories. the whole "why should they drop copyright and let others make inferior duplicates ad nauseum until the original concept is destroyed." thing is horsecrap as well, IMO. The original concept would be an intellectual though, like "what would it be like if a mouse talked?" Steamboat Willie and Mickey Mouse are all implementations of an idea, and disney alot of the work they used was actually ripped from public domain/NonPublicDomain stories, so look who did "alot of work."


    Preventing people from rehashing old ideas from the 30's and 40's is not necessarily a bad thing.

    Horseshit.


    The fact that true creators like Walt Disney only come along every few decades is far more stiffling to creativity than copyright.

    While good creators equal good creativity in many cases, which I agree, it is not the only grat cause of stifled creativity. Disney's lobbying to extend copyrights to not only protect their icon, but to prevent people from doing what they did, that is take and make into something big out of the pbulic domain.


    Copyrights are not like what they were meant to be and you know it, instead of creativity and innovation, we get "innovation" and legitation. If we keep on extending the rights, we won't have things entering the public domain that we can use to build on, improve, and morph into something new in people's lifetimes eventually. Is this REALLY what the founding fathers wanted?




    SUPPORT COPYRIGHT REFORM! ALLOW PUBLIC DOMAIN TO EXPAND!

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  31. unclear by Rinisari · · Score: 5, Interesting

    I think perhaps one of the larger issues here is that the vast majority of people who download TV shows have already paid in order to see them, because they subscribe to dish or cable. Other stations - the local ones - are free anyways: most people can pick them up on antenna.

    I don't understand how the MPAA could sue someone who has paid for their right to view the program. Arguably, the MPAA and its cohorts would prefer to peddle the DVD sets rather than have people simply download every episode for free. If people have already paid for the right to view the program by paying a dish/cable subscription fee, shouldn't they be allowed to view any network programming for which they have paid at any time?

    As previously mentioned in other posts, how is this different from simply using a VCR or DVR? It's a more permanent medium, they might say. Well, so is DVR. Cassettes can copied with no more of an investment than an additional VCR. Thus, they could be considered permanent. How is this different?

    I could still see lawsuits out of this. If someone downloads a show, gets caught, and doesn't pay for service, sue them until their arses bleed green. Conversely, for someone such as myself who pays US$45/month for cable, I should be able to download shows from the channels for which I pay all I want.

  32. affiliates are the answer.. by Markos · · Score: 3, Interesting

    Why don't local affiliates brand the tv shows with their commericals and logo, and let people download them off their website.

    That way local commericals are shown that matter to the advertisers in addition to the national ads.

    Sure you could download an episode from another affiliate, but if you have one in your city, it would probably be faster download so why bother.

    People who don't have an affiliate that airs said show can also watch it, but I'd hardly consider that a loss since your gaining a viewer who wouldn't be able to watch it in the first place.

    1. Re:affiliates are the answer.. by IntlHarvester · · Score: 2, Insightful

      The profit for the local affiliates is not really in broadcasting the shows, it's in the local news programs that come on after the shows. Until they figure out how to keep your butt in the seat in a Video-On-Demand sceanrio, they're going to fight this.

      At least in my area, ALL of the broadcast stations owned by the network companies. Yet they still make a big deal out of local news. I imagine with the current ownership rules, this is a pretty common situation.

      --
      Business. Numbers. Money. People. Computer World.
    2. Re:affiliates are the answer.. by Babbster · · Score: 2, Insightful
      You add in several problems with this solution, the most important being verification that a particular person is within the affiliate's coverage area or, more importantly, denying access to people outside the area. For example, here in Oregon a person in Salem might prefer to watch the Portland stations for some rason (maybe they moved from Portland to Salem). If there is no verification, then the Portland affiliate can suck viewers from the Salem affiliate.

      This has also been an issue with "repeated" stations where a big station might have their own extension of coverage (usually via UHF) and marginalize smaller stations with less, or inferior, product.

      At the moment, though, all of it is moot. Neither NBC nor your local NBC affiliate want you just downloading The Apprentice (as an example). They want you to be tuned to the station and watch ER, the local news and Jay Leno, too. Under the current system, they have a good chance of doing this since they can advertise the product they have coming up and encourage people to keep their TVs tuned in. Under an on-demand system, you get The Apprentice and then have to actively choose again if you want to watch ER. In other words, having you do nothing (not changing the channel) benefits the affiliate in the broadcast system but penalizes them in the on-demand system.

      This is also why you have network executives who complain about TiVo. As another example, I have no interest in the local news programs so I never watch them - my TiVo enforces this because it never records those programs.

      The current network/affiliate system is going to go away. Technology is advancing in such a way that it's only a matter of time. For now, though, the people making money off that system are going to fight like hell to keep it in business until they can find an option that will both give the consumers what they want and make them scads of dough in the process.

  33. Re:So what? by Jerf · · Score: 5, Insightful

    Many many moons ago, I lost my mod privs for modding up the "post of death". I did it because I got a hackerly thrill out of adding my mod points to a post with literally thousands expended on it.

    It actually made Slashdot more fun; I am the honorable type and felt compelled to use the mod points responsibly (when not enjoying multi-K pileons), so I browsed at -1, etc. Since "the community" told me to screw off, I'm relieved of that responsibility.

    Just chill and enjoy the ride. Barring a major change, Slashdot ought to be superceded or unrecognizable in two years. The owners are making a lot of very classic mistakes, and they refuse to recognize them as such because they result in this slow, long term degradation of respect, not the instantaneous loss of revenue. By the time they understand, it will be too late, Slashdot will already have passed the inflection point. Slashdot may never "die", but I'm sure it will make a hell of a lot less money.

  34. Tivo vs Torrents by Restil · · Score: 2, Interesting

    The difference that you ask about is that it's legal, with legisation backing it up, to record tv shows broadcast over public or cable television, and tivo certainly falls into that category. Yes, there is quite a bit of grumbling about the ease by which commercials can be skipped through, but for the moment, all is kosher on that front.

    However, nothing gives anyone the right to redistribute the recorded shows. If I download a show, I didn't have to buy a tivo, and chances are good I'm not going to have to even skip through advertising. Studio makes no money off of me as the advertisers aren't going to consider downloaded commercial free shows in their rating calculations.

    For fear of overextrapolating, should the trend continue unabashed, they choose not to embrace a new distribution medium and instead look for other ways to cut costs, they'll instead create more shows that have low overhead budgets and appeal to a demographic less likely to use computers for obtaining and watching television shows. That's right, you'll probably end up with more reality TV.

    I'd personally prefer a different distribution model. Even a subscription based service would work. As the trek fans were pointing out in their ill-fated effort to save Enterprise, even with the abysmally low ratings the show was getting, if everyone who watched it paid slightly less than 50 cents per episode, they'd have enough to fully fund a season. That's pretty cheap entertainment, and far far less than they charge for the DVD sets of the same seasons years later. Heck, millions of people willingly pay more than 50 cents for a SONG. It's not out of the question to assume they'd do the same for a TV show that was worth watching. But as long as they want to stick with the old medium, you can expect them to fight it tooth and nail until they're forced to either adapt or die.

    -Restil

    --
    Play with my webcams and lights here
  35. Re:So what? by 1u3hr · · Score: 3, Informative
    What you dont understand is that i dont care if its a dupe.

    I understand, and I don't care that you don't care. And so on. I think I understand why the editors dupe, it's because they're jaded and don't give a shit, not because they want to give you a second chance to read a story. (This isn't radio, you know. Stories don't need to be repeated on the hour, you can just page back and see every story ever posted if you feel like it.) I do care about the lack of professionalism. If you don't like that; put me on your foe/freak list, however that works (I've never bothered to find out), maybe it'll filter me out.

  36. Re:So what? by Snaller · · Score: 2, Funny

    I get annoyed at this because Slashdot regularly asks me to moderate posts...

    I get annoyed that it never asks me to moderate posts.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  37. Doesn't Really Matter by Greyfox · · Score: 2, Interesting

    Since I can get an entire season of pretty much any show I'd be interested in on Amazon used for around $20. I stay legal and the MPAA's affiliates still don't make a dime off me.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  38. Not quite a Repost by ghoda_x · · Score: 2, Informative

    You'll notice that the first time this story came up, it was merely to point out the MPAA's actions in regards to sites that listed TV shows. In this article, a quite valid question has been raised regarding the fact that these shows have already been broadcast - ie I pay for cable, I pay for cable broadband, so what's the diff? The business model is still the same, the cable company gets my money either way for the same content.

    --

    Give me but one firm spot on which to stand, and I will move the earth.
    - Archimedes
  39. Re:Death to Mickey Mouse, long live the Marx Broth by MrAndrews · · Score: 2, Interesting

    Hell, the idea of copyright didn't even exist anywhere until 1710 -- but there's a lot of art that was created before then.

    Yes, but a great deal of art created under such systems were propaganda made for the benefit of patrons, which is not in the public's interest either. The best thing that happened to art was when it was turned into a viable career for anyone to pursue.

    Besides, copyright harms culture too, by preventing people from getting copies for the lowest possible price (or free),

    That's not culture, though, that's the pocketbooks of consumers. We have to distinguish between the public's need for culture and the public's need for things to be free. I want apples to be free, but I can't go into someone's farm and pick a bunch and go sell them at half the going rate because it benefits society. I agree it would be GREAT if that's how the world worked, but it doesn't and all it accomplishes is putting an apple farmer into the poorhouse.

    preventing people from creating derivatives without authorization

    This is where copyright went all wrong. If I write a book about "Bob", I don't see why you couldn't write a story about him too. In fact, I would hope you WOULD. I would hope we could work together to make Bob a better-developed cultural fixture, without worrying about licensing and other silliness. On the other hand, I don't want you to take my book and sell it word-for-word without paying me anything. The two do not need to be tied together (though they currently are, in today's world).

    Either way, the price is now effectively $1 since rational people will not pay more than they have to.

    It's funny you say that because I have learned that people seem to think that ANYTHING is worth $1, no matter what it is. I can't say why, but everything gravitates to that. Now, on DVD, that's hard to hit, because it's too close to production costs. But for purely torrent-based distribution, $1 is actually a doable price point for media. That's the beauty of online sales of media: it cuts out the person trying to profit on the backs of artists. The downside, though, is that it's a slippery slope into $0. Which is where the social contract comes in.

    where they want the producers to get the minimum possible reward that ensures that they'll keep making more movies.

    I would suggest that the public is not properly aware what the minimum possible reward should be. But that is very much the fault of $20M actors and special effects at the sake of art. It still doesn't change the fact that $0 is not going to pay the colour corrector's rent.

    Sure. In fact, I bet that if you watched, you'd find that most people don't pay street performers.

    And fewer would if the performers had large thugs holding pedestrians hostage till they paid for overhearing a song on a public sidewalk, which is what the current system is like. But I don't think we WANT it to come to the point where all the street performers disappear before we realize what we've lost. If we re-balance the system, we will have art and artists without anything unpleasant... but that means dropping a buck into the hat voluntarily, even if you COULD get it for free.

    I'm interested in how copyright can best serve the public interest. Not in providing jobs for the crews of TV shows, or whatnot.

    If the public's interest is in watching more Lost (rightly or wrongly), it is also in their interest to take care of the people who make that possible. I think the public has largely forgotten about all that because of years of "buy this record! buy this tape! buy this DVD!"... which masks the people behind the medium. Copyright is meant to serve the public's best interest with the artist in mind, not despite them. This is why there is a temporary monopoly, and not a simple declaration that all art must be shared immediately. But I think we agree on this point...

    If optimum copyright la

  40. Re:OT: Sig by Snaller · · Score: 2

    "GMail prevents MSIE from remembering your password. GMail sucks. "

    Firefox and Safari both remember it just fine. MSIE sucks.


    MSIE respects the tag autocomplete="off" - if Firefox and Safari doesn't, they may or may not suck because of that - but GMail certainly does for putting it there in the first place. (And Firefox sucks for putting configs in 'my documents')

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  41. Re:Death to Mickey Mouse, long live the Marx Broth by cpt+kangarooski · · Score: 2, Insightful

    Yes, but a great deal of art created under such systems were propaganda made for the benefit of patrons, which is not in the public's interest either.

    Well, that still happens today. And at any rate, it doesn't really matter. Copyright is concerned quantity, not quality. You don't want the government making decisions as to which pieces of art should get the most protection. Whether you see high art or low art, it should be the public that decides, and this is basically a matter of where money gets spent. (And of course, one man's high art is another's low art, and there are shifts over time)

    The best thing that happened to art was when it was turned into a viable career for anyone to pursue.

    When did that happen? Most art is economically worthless; most artists can't treat art as a viable career. The stereotype of the starving artist exists for a reason.

    That's not culture, though, that's the pocketbooks of consumers.

    What's the difference? You can't make significant objective statements about culture. Certainly the government shouldn't try. But if you can get anything you want for free, however, then at least you can get access to as much of whatever you like; if it cost money, you'd have to prioritize. This lets individuals make their own decisions as to culture.

    I want apples to be free, but I can't go into someone's farm and pick a bunch and go sell them at half the going rate because it benefits society. I agree it would be GREAT if that's how the world worked, but it doesn't and all it accomplishes is putting an apple farmer into the poorhouse.

    Ever watch Star Trek? They have those replicators that can make apples by rearranging tanks of various raw materials. If we had those starting today, apple farmers would indeed go out of business; why pay them to grow an apple, when you can just get perfect apples, every time, at the push of a button? Putting them out of work, while in the process solving world hunger, seems like a good plan to me.

    Creative works are like this now. They're non-rivalrous, meaning that we can reproduce them forever, and no one loses anything. The materials we fix the works into might have some cost associated with them, but it's often pretty minimal (just as the replicators technically need a power source and raw materials, though they can recycle the latter).

    Jefferson drew a comparison with fire. If only one person has fire, he can charge people to use it. But everyone can light a taper from his fire, and get their own fire, without diminishing his. This puts the first guy out of business, but now the whole world has illumination.

    Copyright isn't intended to help artists. It's intended to get them to create new works (by giving them the incentive of a monopoly) but to also get those works in the public domain as fast as possible, for it is in the public domain that the works can do the most good.

    If we gave artists too much of a monopoly, it would directly prevent the works from being in the public domain as fast as possible. If we didn't give them a monopoly, or enough of one, not as many works would be created within the timeframe that is acceptable to us for getting works into the public domain.

    But no matter what, we're always looking at the public interest. Whether there are many successful artists or just a few doesn't really matter much. The public wants art, not artists.

    This is where copyright went all wrong. If I write a book about "Bob", I don't see why you couldn't write a story about him too. In fact, I would hope you WOULD. I would hope we could work together to make Bob a better-developed cultural fixture, without worrying about licensing and other silliness. On the other hand, I don't want you to take my book and sell it word-for-word without paying me anything. The two do not need to be tied together (though they currently are, in today's world).

    What happened was that people started making translations of Uncle Tom's C

    --
    -- 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.
  42. my response to the MPAA by danegermain · · Score: 2, Insightful
    I was a shunTV user, and man that was the best.

    Daily Show downloads every night in 5-10 minutes, pretty much right after they had been aired. It was nice to be able to check out some of the other shows, like the Simpsons or South Park, but for me it was only about The Daily Show. I can't afford (and flat out refuse) to pay $44/month for one single show that I want to consistently watch.

    The MPAA is fucking up royally. It's not just about the TV shows. I bought America the Book, and it was Jon Stewart fans like me that helped keep it at #1 for so many months. I saw Lewis Black when he came to Portland a few weeks ago. I gladly support the artists and producers making this material, but I'm not going to regress back to an outdated business model that tries to suck the consumer out of every last penny. I'm not going to pay $29 for the DVD Indecision 2004, which doesn't even have all of the episodes and happened more than six months ago. If I can't get The Daily Show in a reasonable amount of time for a FAIR price, then I'm forced to find it online, like the millions of other who used these sites, and the millions around the world who don't even have access to Comedy Central.

    MPAA (and RIAA, take note too), until you change your strategies, this is my response:

    When Revenge of the Sith comes out next week, I'm downloading the pirated version (which will probably hit the internet before the movie is actually released anyway). I was planning on seeing this in the theater, but now I think it's time to start getting all of the new movie releases over the internet as much as possible. And I'm keeping my eye out for the next good BitTorrent site (hopefully in an Eastern European country this time).

    This isn't about what's illegal, it's about what's right.

  43. Re:Death to Mickey Mouse, long live the Marx Broth by MrAndrews · · Score: 3, Insightful

    Ever watch Star Trek? They have those replicators that can make apples by rearranging tanks of various raw materials. If we had those starting today, apple farmers would indeed go out of business;

    Ah, but you see that's a different issue altogether. If I could solve world hunger, I could put farmers out of business and guarantee they'd always have enough to eat, and never worry again. The only way this connects to freely copying art is if any artist is able to walk into a restaurant, perform or deliver some kind of art, and freely take food without paying actual money.

    Copyright isn't intended to help artists. It's intended to get them to create new works (by giving them the incentive of a monopoly)

    I would argue that incentive is meant to help artists. If you don't help artists turn their work into money (if only briefly) then you reduce the number of artists dramatically. The majority of "great" art created over the years was done by those who were either paid to produce or were using their art to make a living. If you completely gutted their ability to monetize their work, none of them would have kept at it.

    If someone had been in the audience during the first performance of "Hamlet" and taped and re-distributed the play to everyone who wanted it, free of charge, Shakespeare would never have existed the way he does now. The risk to the public interest is that by dismissing the value of creative works and their creators, they may be discouraging the most brilliant artist of all time from taking a shot. An artist is not necessarily someone who opts to starve for their art.

    I myself often find derivatives that are excellent, perhaps even superior to their sources.

    What would be truly useful would be a mindset that let the creators of derivative works communicate with the original artist so that they could bounce ideas off each other to make something far superior to the first product. That was one of the worst victims of modern copyright... the inability of artists to collaborate unofficially, for fear of being sued.

    Yes, except that [$1 for a movie] way too high

    Yeah, I would prefer to see a complete decoupling of the service and payment myself. If you can get access to the work, enjoy it. If you enjoy it, pay something to the artist. In some cases the medium will require an up-front fee (like DVDs), but you as the consumer set the price. Most people have no trouble supporting the artist that made their favourite show or song or book. I just wonder if $1 as a suggested starting point is a good way to kick it off. I find that people today need to be told what to pay, even if they'd prefer another price. That's a whole lot of social engineering right there.

    after all, how many times over do they want to get paid for the single act of creating a single work

    This was the biggest problem that drama faced when it started getting written down and reproduced. It used to be you had no choice but to see the artist hard at work to appreciate their art, because you had to see them live. Once we started recording things (especially movies and TV), that personal connection got lost. Someone making a TV show shouldn't expect to be paid seven times for the same work by the same person, but if ten million people watch their show and enjoy it, they should expect that some of those people appreciate it enough to pay for it.

    People in that sort of work [colour correcting] aren't the kind of artists we're talking about here. They merely provide a service, and that has nothing to do with copyright.

    Ah, but it does. If I create a show and I have a crew of 100 people making each episode, and I can't keep Company B from selling it for $1 on the street corner, I can't make my next episode, and those 100 people are out of work. And those people ARE artists... that's just the point: you can say that a singer is just one person able to make their own way, starving on

  44. Re:Death to Mickey Mouse, long live the Marx Broth by cpt+kangarooski · · Score: 2, Insightful

    Ah, but you see that's a different issue altogether. If I could solve world hunger, I could put farmers out of business and guarantee they'd always have enough to eat, and never worry again. The only way this connects to freely copying art is if any artist is able to walk into a restaurant, perform or deliver some kind of art, and freely take food without paying actual money.

    I think that's a bit bizarre.

    If the marginal cost for everyone to create copies of material things is at or is very near zero, and there are no monopolies on things, then everyone will be able to have all the things they want at minimal cost, but there will be little economic incentive to create new things. That is to say, the person who invents a new kind of apple will have little economic incentive to do so.

    Similarly, if the marginal cost for everyone to create copies of creative works is at or is very near zero, and there are no monopolies on things, then everyone will be able to have all the works they want at minimal cost, but there will be little economic incentive to create new works. That is to say, the person who writes a new novel will have little economic incentive to do so.

    Still, these scenarios aren't terribly bad. In the first, no one wants for food, clothing, or shelter. Space exploration would become very affordable, and you could probably start building terraformed planets easily. (Of course, I'd be worried that we'd kill each other with the things, but that's not a problem with regards to works) However, no one would create new kinds of things, at least not expecting to sell them or the plans for them later. So on the one hand, some invention might stagnate. OTOH, if anyone can experiment cheaply, and needn't worry much about food or shelter, we might see a wealth of amateur things get made. As well as professional things, where you simply paid for people's labor.

    In the second, no one wants for creative works by and large (some things are easier to make copies of than others -- it's hard to print out life size marble sculptures right now). This reduces creation of original works for economic reward, though you'd still see people doing it for fun, or for art's sake, or to gain critical acclaim, or whatever. And people can make derivatives, so there's a wealth of amateur works too -- sampling and covering music, making sequels to movies or books, etc. Again, professionals would have to charge for their labor, rather than expecting to be able to sell copies at a significant profit.

    In both cases, if you sold someone an apple, or a book, then you'd be able to count on never selling another of the same to that person again. And that that person would spread copies near and far. But you'd at least be able to use copies of other people's stuff.

    It's possible that neither scenario is ideal, but they're both livable and extremely similar.

    Anyway, I think we're getting off track.

    If you don't help artists turn their work into money (if only briefly) then you reduce the number of artists dramatically.

    Well, remember that the help we provide is merely an opportunity. Most artists don't money out of their copyrights. And fewer still turn a profit. Even fewer really gain wealth. Artists are notorious for ignoring opportunity costs. This is convenient for everyone else, though.

    The majority of "great" art created over the years was done by those who were either paid to produce or were using their art to make a living. If you completely gutted their ability to monetize their work, none of them would have kept at it.

    Oh, I don't know. The first kind -- the ones paid to produce -- are simply providing a service. Hiring an artist to paint your portrait is not materially different than hiring a plumber to unclog the drains. They're being paid to do a job, and that's the end of it. The plumber doesn't get a royalty every time you flush the john.

    In fact, such an idea is especially ludicrous when you bear in mind that eac

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    -- 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.