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France Moving Forward on Legalized P2P

Romerican writes "Over a month ago, Slashdotters joked about France's efforts to legalize P2P. Originally dismissed as a trivial coup by a small group, the French government continues to entertain the topic. News.com is reporting the French Minister of Culture will advocate P2P as a flat-fee service." From the article: "The draft law, which originally aimed to tackle online piracy, is backed by consumer groups in France but heavily opposed by such companies as Vivendi Universal, which owns Universal Music, the world's biggest record company, and a stake in film and TV company NBC Universal. French cinema and music trading associations together with rock stars such as Johnny Hallyday have spoken out against the law, arguing it would kill their work. "

126 of 194 comments (clear)

  1. HA! by HolyCrapSCOsux · · Score: 5, Insightful
    ...will kill their work...
    What, exactly IS thier work. I was under the impression that once a song was written, it tended to stay written. Thus the work is preserved.

    perhaps I am naive...
    --
    0xB315AA8D852DCD3F3DCA578FD2E0BF88
    1. Re:HA! by OctoberSky · · Score: 2, Insightful
      What, exactly IS thier work.

      Work in the sense of music was once the artform, the recording, the tone, the whole atmosphere the work created. It was quite hard to define.

      Today it is much simpler: Work = Bank Account

    2. Re:HA! by SatanicPuppy · · Score: 4, Funny

      Yup you're naive.

      If it weren't for the recording industry, there wouldn't even BE music. They and they alone make it possible for music to exist, and should they go away, or should their profit margins drop below 100%, all music will cease to exist. Radio stations will play nothing but silence and talk radio, and not popular, syndicated talk radio, but the crappy local kind. The world will be plunged into a musical dark age, worse even than the pre-alternative 90's. So for the love of music and all things musical, go out and buy a massively DRM encumbered CD today! Better yet, buy two...for the alternative is unthinkable!

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    3. Re:HA! by stringycheese · · Score: 1

      I think they mean that it would kill future work. They think that the artists will no longer get paid to produce new music and thus will have no incentive to produce music. Rather than change the business model, they just freak out and say the internet is killing their music.

      Other artists are actually embracing the internet. Artists such as Phish, String Cheese Incident, etc. allow taping of their shows and actually encourage online trading of these live recordings. This is like free advertising for these bands. Then, when the bands go on tours, more people will buy concert tix to attend the shows. These bands also typically offer fans to purchase SBD quality shows online through their website.

      Instead of fearing P2P, they should use P2P to actually help them make money.

    4. Re:HA! by rogerramrod · · Score: 1

      Not only that, with this law put in place there will likely be much more backup copies of their work available.
      Thus saving the poor artist's work from demising.
      It's a win-win situation!

    5. Re:HA! by eMartin · · Score: 1

      They just mean that people will stop listening to them... because they will be more likely to find better music out there.

      Seriously, I pay for almost all of my music today, but I give most credit to Audio Galaxy for opening up my ears and broadening my tastes.

    6. Re:HA! by hackwrench · · Score: 2, Interesting

      There is a growing class of people that the only thing stopping them from throwing pre-existing samples together and coming out with a pretty decent mix is the current music industry legislative mess. The scare they put into people prevents some from even trying.

    7. Re:HA! by Original+Replica · · Score: 1
      Other artists are actually embracing the internet. Artists such as Phish, String Cheese Incident, etc. allow taping of their shows and actually encourage online trading of these live recordings.
      These bands have several albums FULL of great songs, and they have been touring for years, it's easy for them to be professional musicians, they have talent. What are the one-hit-wonders supposed to do if everyone just pirates the one decent song they will ever write? How will the studios be able to manufacture the next boyband or pussycatdolls, if only talented musicians can make a profit? This world you envision is a cold dark place.
      --
      We are all just people.
    8. Re:HA! by stringycheese · · Score: 1

      How will the studios be able to manufacture the next boyband or pussycatdolls, if only talented musicians can make a profit?

      That's exactly my point. I would prefer if only talented musicians make a profit. It sickens me that people with little or no musical talent are making millions of dollars making music while people who have devoted their entire life to learning and writing quality music make nothing.

      It would also be much easier for people to find good music. Imagine being able to turn on the radio and find some new music that was good. Or MTV and find (gasp) music. Yes, there are a few talented artists that make it mainstream, but for the most part it is all garbage. I know there is a ton of good music out there. Everyone, including myself, is missing out on a lot of good music because it is not visible.

  2. Who controls the purse strings in these schemes? by SuperMario666 · · Score: 3, Interesting

    Free p2p sounds great and all, but what's to stop the fee collecting agency from discriminating against artists in the disbursement of the funds?

  3. p2p by Jonny_Madness · · Score: 4, Interesting

    I think with all the contraversy about p2p -- I think want should be done is that the US government spend a couple million/billion and work with people in providing a free online libary and a free place where people can show off their work if they want. It would be considered P2P because that would be nessesary for that much storage and the government wouldnt have to buy tons and tons of servers because its p2p. Thoughts? I know it has flaws but I just thought of it. -Jonny

    --
    The length of a .sig is usually in inverse proportion to the intelligence of its sender -- Jim Orsi
    1. Re:p2p by kadathseeker · · Score: 1

      http://creativecommons.org/ is what you want. Private actions ahead of the Gov. and without the cost triumphs again!

      --
      The 'Net is a waste of time, and that's exactly what's right about it. - William Gibson
  4. Proven by Anonymous Coward · · Score: 5, Interesting

    I believe it has been stastistically shown (take that with as much salt as you like) that if everyone pays a flat fee, and Nielsen-box equivalents are used, the Entertainment Industry would actually make more money by allowing unlimited downloads via any medium than they get through current means.

    In other words, well done the French.

    1. Re:Proven by Penguinoflight · · Score: 4, Insightful

      Well, it would certainly be a better model for driving content to users. The thing is, nobody said that the p2p service would follow traditional (usd) $20/album costs. It is indeed very possible that a p2p service would help the music industry, and without the record label costs, this might even be good for independent artists. Like many things, implementation will decide if this move is good, bad, successful, or unsuccessful.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    2. Re:Proven by kfg · · Score: 1

      . . . the Entertainment Industry . . .

      Indeed, but where would leave,say, the record companies.

      They do not make the music, they merely publish and distribute it.

      They don't give a flying fuck about "The Music," or even rights, per se. What they are defending is their business model which is entirely based on having monopoly on distribution.

      Rights are simply the primary tool to guaruntee that monopoly. . .until people can simply publish and distribute just as well all by themselves or with artist friendly outfits like CD Baby or Magnatune.

      Who are the flat fees paid to and by what justification?

      KFG

    3. Re:Proven by shark72 · · Score: 1

      "I believe it has been stastistically shown (take that with as much salt as you like) that if everyone pays a flat fee, and Nielsen-box equivalents are used, the Entertainment Industry would actually make more money by allowing unlimited downloads via any medium than they get through current means."

      Unfortunately, a lot of songwriters and performing artists (the ones who are the first, essential step in producing the music) don't agree, or don't understand this. The breadth of the catalog offered by the Yahoo! and Napster "all you can eat" plans is woefully inadequate compared to the catalog offered by Apple's pay-per-song model. I found this out the hard way when I bought my girlfriend a subscription to the Yahoo! store to go along with the Zen Vision I got her. I did some digging by asking friends at Yahoo! and Napster, and it seems that it's often because the songwriter, composer and/or artist don't want to release their music via the flat-fee licensing model.

      If certain French lawmakers have their way, said songwriters/composers/artists wouldn't get that choice any more. Composers, along with novelists and poets, are typically among the three lowest-paid professions, so it's interesting to see that the French want to further disenfranchise them... but there you have it.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Proven by shark72 · · Score: 1

      "The thing is, nobody said that the p2p service would follow traditional (usd) $20/album costs."

      CDs are the US equivalent of $20 in France? Ouch. No wonder they want to do this. CD prices haven't averaged $20 in the USA in years -- the average price of a new release is now sub $13 here in the US.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:Proven by Sarisar · · Score: 1

      Can I just point out people have done the maths (yes maths, I'm English) on this before.

      As the article says: Free legal downloads for $6 a month. DRM free. The artists get paid. Imagine a world where music and movies could be freely exchanged online, where artists are recompensed and the labels don't lose a cent, and where 12-year old girls need not fear harboring an MP3 of their favorite TV show theme tune on their PC.

    6. Re:Proven by kfg · · Score: 1

      But the article you link to asks the very question I have raised and can only come up the same answer that I have intimated.

      The simple idea is very powerful. Fisher identifies four constituencies necessary to accept the model: consumers, artists, device manufacturers and finally the intermediaries: the studios and labels. The model has huge advantages for three of the four. And what incentives, we asked, would the labels and studios have?

      The intermediaries get a sinecure, in perpituity, for, once upon a time, having had a valid role to play.

      But the key factor is that they are middlemen in a middle that no longer exists.

      And they ain't interested in any sinecure. They're businesses. The want growth, and they can't get it with this model unless it is articfically forced on the artists and consumers by law, because for a distributor growth requires monopoly of the distribution chain.

      It isn't about making sure they get money, it's about whether or not they have a reason to be given money.

      KFG

    7. Re:Proven by rts008 · · Score: 1

      "...and it seems that it's often because the songwriter, composer and/or artist don't want to release their music via the flat-fee licensing model."

      I obviously cannot speak for anyone but myself here, but here goes:

      I have several good friends that are in bands as "professionals" (ie: they take their work seriously and are trying to "make it" in the music industry) and talking to them about this subject they say that sometimes the artists can't use this method due to contracts with their recording lable/organisation, not that they would not be open to it.

      I am sure that there are quite a few that also do not want to release under flat fee models, but there are also many that are seeing the writing on the wall- change is happening.

      What I hear from them also, is the established means to get exposed and sold has been via the massive marketing potential of the various distributers is seen as the traditional "best way" to get recognition as an artist, thus album sales/concert promotions.
      There are many unfulfilled aspirations by many (most?) artists in the music industry, just as in "fame via Hollywood"....same-same.

      The friends mentioned above made sure their contract allowed for online cd sales/downloads - my "computer geek" influence with them showed them a whole different path, which they used as another way in addition to the traditional model.
      (shameless plug for Fashinetta and 60 Watt Jackass at FSU Records:(http://www.geocities.com/fsu_records/fsur ecords.html)- these are the friends of mine)

      Change is a scary thing when your future/livelyhood is involved, and the old model just is not working correctly anymore. Now you have a lot of uncertainty in trying to pursue a career as a musician (and as a music distributer/record label, to be fair) with the "traditional" business model.

      Life, tech, and most all else is dynamic...changes are inevitable or stagnation occurs.

      Hopefully we (colectively) can "roll with the punches" and come out on top when the dust settles, but to expect no changes is just delusional,IMHO.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    8. Re:Proven by segfault_0 · · Score: 1

      Rather than believing it has been statistically shown, you should post a link to some information or quote a resource so we can all believe it.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    9. Re:Proven by rtb61 · · Score: 1
      I have never heard of anybody making more money when there is more competition. Any solution other than the one from last century will mean that members of the RIAA etc. will make considerably less money. Local music will take over, why pay a publisher anything when you can publish direct on an international basis. You want more advertising, go direct to the new 21st century advertisers why pay a middle man to do it for you.

      As for the so called music artists, again there will be a flood, so that wildly egotistical era is also coming to an end (good riddance to some of the most pathetic, so called cultural pop icons of the 20th century). As computers imbed deeper into society, expect and look forward to more people looking for live entertainment, preferable something they can also participate in.

      --
      Chaos - everything, everywhere, everywhen
    10. Re:Proven by arkhan_jg · · Score: 1

      It's worse. In many retail stores, it's closer to $30, same in the UK. The BEST discount price you can find is around $18.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    11. Re:Proven by arkhan_jg · · Score: 1

      No links I'm afraid, but the studies I've seen work more along the napster model (but cheaper), i.e. around $5 flat fee a month for as much music as you like. The price is low, but it scales - and there's a lot of people who only buy a couple of albums a year, so they actually end up paying a bit more, but for a lot more music. Tack it into the ISP bill as standard, with an opt-out, and the music business would probably make a vast amount of money. Flat fees have worked very well for broadcast TV companies, so there's no reason why it wouldn't work well for music on the internet, if it's priced low enough with no DRM. If Napster wasn't windows-DRM only, I'd probably sign up for it.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  5. I just can hear them now ... by rogerramrod · · Score: 2, Funny

    We are French. Fuck you, Americans, I don't care!

    1. Re:I just can hear them now ... by Anonymous Coward · · Score: 1, Insightful

      Some of the staunchest opponents to P2P in France are French. Unlike the rest of Europe, ~40% of the market for music and movies in France is French instead of being imported from the US & England. So a lot of people see this as an attack of FRENCH products. Tu comprends, Ducon?

    2. Re:I just can hear them now ... by glesga_kiss · · Score: 1
      We are French. Fuck you, Americans, I don't care!

      So true. Every French person wakes up and the first thought they have is "how can I piss off America today?" That's just how they live their lives.

      /sarcasm for the humour impaired.

  6. 'rock stars such as Johnny Hallyday' by GungaDan · · Score: 5, Funny

    So Hasselhoff was unavailable, then?

    --
    Eloi are stupid, throw morlocks at them!
    1. Re:'rock stars such as Johnny Hallyday' by A+beautiful+mind · · Score: 1

      He was waxing his chest.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    2. Re:'rock stars such as Johnny Hallyday' by Alsee · · Score: 1

      Hell, Halliday was their third try and Hasselhoff their second choice.
      The first start they tried to get for the French was Jerry Lewis.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  7. Must... Resist... Urge... by Kesch · · Score: 1, Funny

    Originally dismissed as a trivial coup by a small group, the French government continues to entertain the topic.

    I figured that I would make one thread to contain all the bad jokes.

    I, for one, welcome our new pro-p2p occupying force. (Until the next group takes over, then I'll welcome them.)

    --
    If this signature is witty enough, maybe somebody will like me.
  8. *AA will never die by LunaticTippy · · Score: 2, Insightful
    It seemed to me that the RIAA/MPAA were doomed once the barrier to making perfect copies became so low. However if this becomes popular there will be a permanent tax going to these types of entities and we'll be stuck with them forever.

    It'd be tragic if truly free music ended up contributing to the cartels through p2p fee collection.

    --
    Man, you really need that seminar!
  9. Re:So, they're surrendering in the fight against P by dasnov · · Score: 1

    Of course everyone at slashdot will. Most slashdotters feel that if they don't agree to the law then they don't have to follow it, now they don't have to feel guilty! go France! Is stealing physical property going to be legalized next?

  10. Re:Who controls the purse strings in these schemes by jjr1 · · Score: 1

    Did anyone else read this as "Daft law"? They will never come up with an equitable dispersal of the funds, so why even bother?

    --
    Best Trivia answer ever... Name the largest aquatic man eater... Contestant: Tsunami
  11. Fee? by voice_of_all_reason · · Score: 2, Interesting

    I get my music and movies for free right now. Why would anyone support this?

    1. Re:Fee? by cliffski · · Score: 1, Troll

      lucky you. Tough shit for the artists eh? I guess none of them have rent to pay right? And you only copy music from rich musicians, where you have checked their finances and ensured they can afford to be ripped off I'm sure.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:Fee? by muyuubyou · · Score: 1

      I think you mean you'd pay a dollar (0.8 ~ 0.9 Euro) for that.

    3. Re:Fee? by Peter+Eckersley · · Score: 2

      I get my music and movies for free right now. Why would anyone support this?

      Because they're one of the thousand-or-so Americans getting taken to the cleaners each month for file sharing? Or because they're in the huge percentage of the population who aren't computer literate enough to find a good new p2p app whenever the previous one they were using is sunk? Or because they're in the 10-20% who refuse to download stuff because they think it's immoral?

      So that you can have an index of high quality versions of files (perhaps something like AudioGalaxy was, perhaps something better) and not have to spend your time trying to recognise fakes? So you can find rare files faster from all those computer-illiterate users?

      Because if you like video clips or films or expensively produced audio, it's in your interest that there be incentives for people to invest cash in making the kinds of stuff that you like?

      Think, my boy! (I'm going to go out on a limb and assume that you're male).

  12. Wow by squoozer · · Score: 1

    I pretty shocked by this but thinking about it seems like the right thing to do but there are still problems to be solved.

    There is no way that media companies are ever going to manage to stop P2P or piracy in general. Computers make it too easy to distribute content which has made the content worth a lot less than it was. They might as well accept that people want this and give it to them.

    The problem I see with it though is we will end up with a lot of medium quality material because no one will want to invest the effort and money to create good material because the remuneration won't be all that great. After all how do you measure the popularity of something and divide up the money collected from P2P?

    --
    I used to have a better sig but it broke.
    1. Re:Wow by malkavian · · Score: 1

      The problem I see with it though is we will end up with a lot of medium quality material because no one will want to invest the effort and money to create good material

      Well, that'll be one step better than the low quality material they pump out these days, as they don't want to invest the time and quality to put out good quality material, when they can advertise and sell low quality crap.

  13. From the article... by Anonymous Coward · · Score: 2, Insightful

    "Everything we're hearing from the government is that it won't happen," said Geraldine Moloney, a spokeswoman for the Motion Picture Association in Europe.

    Being French, I don't see "legalize p2p" anywhere near...

    1. Re:From the article... by aaribaud · · Score: 1

      Plus, under the draft law as it stands uploading is illegal (well, it was before anyway). This is harldy a case of legalizing P2P.

  14. For the record. by MrShaggy · · Score: 4, Interesting

    In our northern province of Ontario, Canada. A few years back they decided that it was ok for women to go topless, as long as it wasnt sexual. Men can take off their shirts, so know women can too. Now of course the right-wingers were freaking out. We'd hear that these women would be walking through downtown with no shirts on.. and that the kids would be exposed to it. Not too mention the idea that all these women are going to be raped, not too mention the locusts. Now, none of this has come to pass. This is also the same rhetoric spwed over gay--marriage. Who cares?? Somehow they get all upset when they get married. Somehow they think that their rights are being violated. Not to mention the locuts, and that churches would be forced to marry these folks..Have I mentioned the Locusts ? We also have a system in place that allows the governement to collect a tax on blank cds.. (works out to maybe a nickel a cd maybe?). What that is supposed to do is go into the Canadian Musicians, that work hard to earn that. The idea is that they can go after copyrights here, because they are making some money there. There is another argumnet too be made about how little money the artists are making. The noises that the music industry is making because that is all they know. No matter how much you try to guide their hands they react out of the fear of the unknown. Maybe they need better terms in the contract over how the industry pays out these 'monthly' fees. Thats the big 'white elephant in the room' as it were. How do you determine the scale? Its a great idea, but thats what scares them. The idea of deciding who gets what is a big new thing. Of course the artist are afraid because tey think that they will get any of the money that will come from that. Anyone remember Courtney Love and her lawsuit?: She was filing after they got all that money from napster and others "in the name of the artists"? Nobody ever got dime. Did anyone see the locusts yet ?

    --
    I have mod points and I am not afraid to use them.
    1. Re:For the record. by EdipisReks · · Score: 1

      Yeah, where are we going to live if you cause our 'brane to rot?

  15. Business Model by RazzleDazzle · · Score: 4, Interesting

    What happens when a normal company's business model no longer works due to new technology or social/economical changes? You adapt or go under. What happens when a massively powerful organization's business model starts to fail like the RIAA or MPAA (or whatever else their respective counterparts in other countries are called)? They sue the pants off as many people as it takes to stop the change. Well not only are they hindering the advancement of technology they are attacking their customer base. Remember what happened to Napster - they turned "legal" and started offering a pay-per service. That is called adaption, it is what makes companies stand out from the rest. Maybe this specific proposal going on in France is not the most ideal method to go about but it, but that is not why there is opposition to it. They are opposing it because it will remove power and influence and force these companies to adapt, or more hopefully go away. They are against the fundamental principals not the methods.

    As for the argument of the artists losing money, etc. Well guess what, you're in the same boat. Adapt or learn a new skill. The internet is NOT going away any time soon and the entire purpose of the internet is to SHARE IDEAS. Guess what, your artwork is just an idea. If people want to share your idea with others then you should be glad, you are appreciated.

    I don't mean to sound cruel as I am not NOT giving the bird to anyone who complains. I understand some people are losing money but it is not the fault of P2P. It is the people who are not paying for the product/service when they should be. If by some miracle P2P becomes extraordinarily unusable legally or technically, something else more grandios will emerge. Sharing stuff on the internet will never stop. Get used to it.

    --
    ZERO ZERO ONE ZERO ONE ZERO ONE ONE! Just brushing up for my next big invention: Ethernet over Voice (EoV)
    1. Re:Business Model by Richard_at_work · · Score: 2, Insightful

      I dont think many other industries have had to deal with their customers suddenly being able to get the SAME product (not a similiar alternative) for free because of technological change. The RIAA is suing people because whats actually happening is illegal, its copyright infringement anyway you cut it. The business model isnt failing because of competition with alternatives, its failing because the competition is exactly the same product with zero costs and zero investment for the 'producer'.

      You have no entitlement to their product - dont like the current system? Go without until its changed.

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

      People might be more sympathetic with the RIAA if they weren't fount guilty of price fixing music at high rates, ripping off countless artists in unfair contracts, colluding with Clear Channel, and making the barrier to distributing music artificially high by economic power.

    3. Re:Business Model by cliffski · · Score: 1

      "If people want to share your idea with others then you should be glad, you are appreciated."

      and how about my landlord, you think he will be glad to have a creative guy as a tenant? Nah, in my experience, he still wants me to pay the rent.
      You think big computer games, software, movies are all made at the weekend by bored teenagers living in moms basement?

      --
      DRM-free indie games for the PC and Mac: Positech Games
  16. Legalizing communication protocols... by Vexler · · Score: 3, Interesting

    Declaring certain protocols to be "illegal" is silly enough (just like the April Fool's joke of the "evil bit" and the CP80 project that requires labelling all p0rn traffic), but then they propose slapping a flat-fee on it, essentially saying, "We don't want you to do it, but we realize we can't stop you. So we'll at least try and make some money off you."

    Ridiculous.

    1. Re:Legalizing communication protocols... by Filip22012005 · · Score: 1

      Declaring certain protocols to be "illegal" is silly enough (just like the April Fool's joke of the "evil bit" and the CP80 project that requires labelling all p0rn traffic), but then they propose slapping a flat-fee on it, essentially saying, "We don't want you to do it, but we realize we can't stop you. So we'll at least try and make some money off you."

      Ridiculous.


      I was agreeing with you up to that last word. I thought you were going to conclude "Brilliant" instead. But in hindsight, you misinterpreted what they are essentially saying. What they are saying is that the current model doesn't work, and they need to get their money in another way.

      --
      When the policeman of the tie, rule you violate, hello punishment of the kitty?
    2. Re:Legalizing communication protocols... by Alsee · · Score: 1

      then they propose slapping a flat-fee on it, essentially saying, "We don't want you to do it, but we realize we can't stop you. So we'll at least try and make some money off you."

      That reminds me of a schmuck in Texas running for office on the platform of slapping a $10,000 tax on abortions.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  17. Beware. by lynx_user_abroad · · Score: 5, Insightful
    But deputies, both from the ruling conservatives and the opposition Socialists, threw the planned law off course at the end of December by adding amendments that would legalize file-sharing in exchange for a fee to cover a licensing charge.

    Understand the mechanics here: If engineered wrong this will simply translate into a tax on internet access for everyone under French jurisdiction, which would be paid to businesses big enough to claim they represent content creators and nothing paid to the actual content creators themselves.

    For people who currently observe the law and do not download at all (or only download stuff the copyright owner has given away), this is a tax with no return.

    It weakens the rights of authors and hands tax money to the publishers.

    But follow me further, if you will: What happens if something like GPL'd software gets included in the definition of content that right now we think will only include songs and music? Would a French company be allowed to re-distribute GPL'd software in violation of the terms of the GPL by claiming this law frees them of the constraints of copyright?

    Compulsory licenses are a threat to the Free Culture movement. Copyright is not the problem, copyright violators are the problem.

    --

    The thing about things we don't know is we often don't know we don't know them.

    1. Re:Beware. by kebes · · Score: 1

      Would a French company be allowed to re-distribute GPL'd software in violation of the terms of the GPL by claiming this law frees them of the constraints of copyright?

      Perhaps. Certainly if this idea were badly implemented that might happen. Now an optimist might instead think: "What if free/libre/open-source software gets included in this definition? Then perhaps that means that some of the tax money will necessarily have to be redistributed back to those who created the software." If OSS is included in the definition, and it's conventional copyright is replaced with this one, then indeed it would have to qualify for funding.

      That might be a good thing. People create all kinds of OSS, distribute it freely. The software that becomes most recognized and useful results in funds (i.e.: incentives!) trickling back to those who created it. This could very well spawn the massive content-creation-without-copyright-enforcement that many of us yearn for.

      If engineered wrong this will simply translate into a tax on internet access for everyone under French jurisdiction, which would be paid to businesses big enough to claim they represent content creators and nothing paid to the actual content creators themselves.

      Yes, if engineered wrong this is a needless tax. However, I highly doubt that anyone using the internet would not be taking advantage of a fair amount of the things that are being indirectly funded. In such a scheme, people would indeed download and trade music, movies, software, etc. And if OSS were indeed receiving funding also, then you'd be hard-pressed to use the internet without in some using a piece of funded software (think webservers and such).

      I am also worried that this could be turned into something really messed up. However, the current copyright system is also (in my opinion) flawed, so I think it is very much worthwhile to discuss and debate these new possibilities. I, for one, am a bit of an optimist.

    2. Re:Beware. by masklinn · · Score: 1

      There is no question or argument about freeing anything from the constraint of copyrights, the issue here is that the french notion of "fair use" (the "private copy rights") is extremely large, and the debate is whether sharing/downloading media files from the web is part of the private copy rights bestowed by law upon the french citizens or not.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    3. Re:Beware. by Vegeta99 · · Score: 1

      For people who currently observe the law and do not download at all (or only download stuff the copyright owner has given away), this is a tax with no return.
       
      I guess you never heard of this whole "Welfare" thing...

    4. Re:Beware. by asuffield · · Score: 1

      Would a French company be allowed to re-distribute GPL'd software in violation of the terms of the GPL by claiming this law frees them of the constraints of copyright?

      This is a variation on the old argument that strong copyright is necessary for the GPL to work. The flaw in the argument is that the GPL is only necessary in the presence of strong copyright. If such a law permitted you to distribute any software without regard for licensing terms, then we wouldn't need a license that forces people to distribute their changes - we can just take their changes without a license. Sure, there are some issues (you need somebody within the company to publish the source - legal, but you still have to get your hands on the actual bits), but it's still got some great advantages to the end user. It's difficult to say which option is better, overall, but it's definitely not "copyright good, public domain bad".

      I suspect that if companies did not have the stick of copyright and patent law to beat up their competitors with, then they would naturally migrate to free software models, because anything else costs more and accomplishes little - once the secret gets out anyway (and it will, in the networked world), you've lost your only advantage and might as well migrate.

    5. Re:Beware. by lynx_user_abroad · · Score: 1
      Then perhaps that means that some of the tax money will necessarily have to be redistributed back to those who created the software.

      So who gets this money, Linus or Stallman? Would those affected be propping-up Red Hat's bottom line, or Suse? Could I, as the lone purveyor of LynxUserAbroadUselessLinux demand a cut? After all, I can claim my stuff is being shared just as much as anyone else?

      I highly doubt that anyone using the internet would not be taking advantage of a fair amount of the things that are being indirectly funded.

      Go download any one song over dial-up and come back here with that argument when you're finished. I can pull-down about 100Mb in a 12 hour period, if the remote server is cooperating, and I'm fairly typical. Do you really think I'd be "taking advantage of a fair amount of the things that are being indirectly funded"?

      --

      The thing about things we don't know is we often don't know we don't know them.

    6. Re:Beware. by lynx_user_abroad · · Score: 1
      If such a law permitted you to distribute any software without regard for licensing terms...

      A license is a private agreement between parties. I don't think you are proposing to make licensing (or private agreements between parties) illegal, so it's difficult to understand what you're proposing.

      I suspect that if companies did not have the stick of copyright and patent law to beat up their competitors with, then they would naturally migrate to free software models, because anything else costs more and accomplishes little - once the secret gets out anyway (and it will, in the networked world), you've lost your only advantage and might as well migrate.

      While I won't argue about whether a trade secret (such as software source) can be kept forever, I do question the wisdom of creating a system which is dependent on the theft of trade secrets for proper functioning. Business will always seek out advantageous markets. Currently, copyright law creates a very advantageous monopoly for intellectual property-based businesses. That is what was intended when the copyright monopoly was instituted. If that monopoly is removed, such businesses are likely to seek other means of maintaining their monopoly. I susdpect we'd see much more content subject to DRM. ("copy the DRM-protected file as much as you want, but you don't get to play it without a licen$e key...") much stronger licensing terms (no access to source, even by employees, without thorough background checks, bonding, and such) and much stiffer penalties sought against those who reveal trade secrets. We're already seeing these kinds of behaviors from Microsoft, where the latest releases of Windows are relatively easy to burn onto a CDR, but you still need an activation key to keep the software running, development of drivers will require developers to register, and agree to licensing terms, and even the hardware (Secure Computing) will enforce these licenses.

      Perhaps you will forgive me, but I just can't trust your suspicions in this case.

      --

      The thing about things we don't know is we often don't know we don't know them.

  18. Or perhaps more along the lines of... by flyingsquid · · Score: 2, Funny

    You don't frighten us, American pig-dogs! Go and boil your bottoms, son of a silly person! Ah blow my nose at you, so-called "RIAA"! You and all your silly American Record Industry Executives!!! Ay don' wanna talk to you no more, you empty-headed animal food-trough wiper! Ay fart in your general direction! Your mother was a hamster, and your father smelt of elderberries! Now, go away, or I shall taunt you a second time!

  19. Re:So, they're surrendering in the fight against P by Mr2001 · · Score: 2, Insightful

    Most slashdotters feel that if they don't agree to the law then they don't have to follow it, now they don't have to feel guilty!

    Why should they feel guilty if it's legal? Do you want people to use the law as a guide for their behavior or not?

    Is stealing physical property going to be legalized next?

    Of course not, because there are huge fundamental differences between physical property and intangible "property", and reasonable people know that the analogy between downloading music and stealing CDs (or any other physical property) is as far-fetched as the analogy between gay marriage and interspecies marriage.

    If it ever becomes possible to "steal" a copy of a physical object, leaving the original in place, then your analogy would hold up - but then we'd have to ask ourselves what's so bad about making a copy of a car if the owner still gets to keep the original.

    --
    Visual IRC: Fast. Powerful. Free.
  20. Once again... by xutopia · · Score: 5, Insightful

    We joked about France being cowards telling us we shouldn't go to Irak.

    Reasons given by France were:

    1) no links to Al-Quaeda or 9/11
    2) it will cause havoc in the middle east and the rest of the world
    3) WMDs aren't present like they used to

    Today we still haven't found WMDs, it's clear that Bush and Co lied about Saddam Hussein's ties to Al-Quaeda and it did cause havoc and cost billions.

    France now fights for people's rights to use the music they payed for in ways they should be free to do so. They also legitimise the use of the p2p technology rather than attempt to make it illegal like some senators in the US.

    Sadly friends it seems the US is falling behind both on a freedom level and a moral level.

    So to all those people with their surrender jokes that aren't funny I say at least France isn't selling it's soul. It remains true to Freedom. More so in actions than in speech.

    1. Re:Once again... by Anonymous Coward · · Score: 1, Informative

      So only the english spelling of the country (iraq) is the proper one. In several other languages (swedish comes to mind) the name of the country is actually Irak, with a K not a Q. But I guess when you can't find something to bitch about you grasp at straws.

    2. Re:Once again... by Anonymous Coward · · Score: 1

      Irak is the French spelling of an Arabic term for the region. Iraq is the spelling used by the UK and the USA, again, of an Arabic term. There is certainly no grammatical issue.

      And the UK and USA disagree on the spelling of many words too.. colour, centre, travelled, tyre, etc, I'm sure we have more amusing things to argue about..

    3. Re:Once again... by NotFamousYet · · Score: 2, Informative

      Irak is the french spelling for Iraq.

    4. Re:Once again... by bravni · · Score: 2, Interesting

      Well said.

      There's a statue of Benjamin Franklin in Paris, not too far where I live. Here's what written on it: "The genius who freed America and shed torrents of light upon Europe. The sage whom two worlds claimed as their own."

      That's how we French like to joke about the US, sometimes.

    5. Re:Once again... by Firehed · · Score: 1

      And the French have tasty desserts to boot. Free music and delightful foodstuffs, what more could you ask for?

      --
      How are sites slashdotted when nobody reads TFAs?
    6. Re:Once again... by RzUpAnmsCwrds · · Score: 1, Insightful

      You, sir, are a troll, plain and simple. This article was not anti-French, it had nothing to do with Iraq, yet you decided to bring it up anyway. I opposed the Iraq war, as did nearly half of my nation, but it is irrelivent to the matter at hand.

      And, as for "protecting freedom", it would seem that you didn't read the article a t all. If "protecting freedom" means adding a mandatory tax to pay for media that I may or may not want, you have a very strange definition of "protecting freedom".

      What about Creative Commons? Now the license is completely pointless - just pay your tax and you are free to copy all you want! What if you're an unsigned band? Will you get paid for the copies that can be legally distributed under this law?

      What if the government decided to enact a blanket "graffiti tax" and legalize graffiti? Why should we pay for damage that we have not caused?

      Those who download copyrighted material without permission are guilty of copyright infringement. Most individuals understand the necessity of the limited monopoly that copyright provides, yet many are quick to defend illicit downloading.

      Should we bring back 14 year copyright terms? I think so. Should we enact cultural socialism by eliminating copyright as we know it? No. Authors and artists should have the freedom to restrict the distribution of their works, to a limited degree. It's not up to the government to value their works.

    7. Re:Once again... by nanoakron · · Score: 1

      You yanks know that France also supported you in your War of Independence against us brits, right?

      And gave you the Statue of Liberty?

      In fact, the US owes one hell of a lot to France, and yet your arrogant turd of a president feels it's OK to go around maligning them just because they weren't happy committing thousands of young men to a needless war?

      Freedom fries?

      Disgraceful behaviour!

      PS Marking me down as a troll does nothing to negate the truth of my argument.

    8. Re:Once again... by Peter+Eckersley · · Score: 1

      What about Creative Commons? Now the license is completely pointless - just pay your tax and you are free to copy all you want!

      Creative Commons licenses are just attempts to reduce the harm inflicted by a ludicrously inefficient and burdensome digital copyright system. It would be far better to fix the law so that it works well for every work, not just those that are CC-licensed. Most of the people involved in creating the Creative Commons licenses in the first place would agree with this analysis.

      What if you're an unsigned band? Will you get paid for the copies that can be legally distributed under this law?

      If for some silly reason they can't, well, every unsigned band and all of their fans should raise hell until the system is implemented properly. They'd have a pretty persuasive case in the French parliament.

      What if the government decided to enact a blanket "graffiti tax" and legalize graffiti? Why should we pay for damage that we have not caused?

      How do you propose to draw a cogent analogy between copying MP3 files and drawing on the side of buildings?

      There is one part of your post that I do kind of agree with though: "You, sir, are a troll, plain and simple" :)

    9. Re:Once again... by glesga_kiss · · Score: 1
      You, sir, are a troll, plain and simple. This article was not anti-French, it had nothing to do with Iraq, yet you decided to bring it up anyway.

      The article wasn't anti-French, but the bulk of the comments were. Just look up. Part of the reason I read this discussion was to look upon in dispair at the "France surrenders" posts that predicatably turned up. This hatred for France is completely artificial propaganda, "Freedom Fries" anyone?

      I have NO ISSUE with anyone who points out the complete and utter hypocracy of this point of view. If you put up with the imbecilic "France Surrenders" remarks, then you should STFU when someone points out the bullshit.

    10. Re:Once again... by will_die · · Score: 1

      You have 1/3 of the items right.
      In a speech and in various letters released the reason Jacques Chirac and the French government gave were:

      1) Economic, France was losing around 70% formerly legal contracts.
      2) They were more focused on making peace between the palistians and Isreal. I am giving you credit for hte cause havoc.
      3) That renewed inspection could be achieved and UN Resolution 687 could be enforced by some other means. France believed that Irak had WMD but that they could be found by inspectors and other means then war.

      What freedom on speech in France? Let look at some recent court decisions
      1) To call France a "slut" is an attack on the dignity of the country. The french rapper faces three years in prison and a fine of 75,000.
      2) Enforcing Yahoo to make sure that servers based not in France must block French citizen from seeing nazi related goods. Whats good for china is good for france I guess.
      3) Fined Reporters without borders for using a poster of che guevara to protest imprisonment of reporters in cuba.

  21. Re:So, they're surrendering in the fight against P by Suppafly · · Score: 3, Insightful

    Most slashdotters feel that if they don't agree to the law then they don't have to follow it

    Don't most people feel that way? Judging by the amount of traffic tickets given out and the amount of people that pass me on the highway, I'd imagine they do.

  22. Re:So, they're surrendering in the fight against P by masklinn · · Score: 1

    Whoa there, someone forgot his medications again.

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  23. French Governoment not so keen about P2P by chevanne · · Score: 3, Informative

    French laws issue related to P2P are related at http://www.ratatum.com/ Check in particular http://www.ratiatum.com/news2755_DADVSI_remaniemen t_du_texte_vers_moins_de_sanctions.html (in French, sorry)

    Basically:
    * Just before Chrismas, the government has attempted to vote a law allowing more sanction against P2P
    * Some parlement members (both left&right) has decided to modify the law in a direction allowing P2P if a flat fee is paid by the user ("license globale")
    * This modification has been voted
    * The leader from both political party UMP (government) and PS (opposition) are against this modification of the law
    * The goverment want to modify against the law, to remove what has been added in december and to ask the parlement to revote, but with less sanctions as before : 38 Euro in case of infrigement (~ 45$)
    * Both side are trying to petition the public. In particular the media company are pushing the artist to says that "Allowing P2P will kill artistic creation"

    Now, the debate around this law is very alive in French media, which is a good thing IMHO, because it will be very difficult to make a very restrictive laws.
    The new law will contains also provisiond enforcing "fair use" (or "private copy" in French), i.e. to allow to bypass DRM to allow interop (between iTune and some MP3 players for example).

  24. Re:Who??? by masklinn · · Score: 2, Informative

    French rock singer, one of the best-selling french artists with Aznavour with around 200 million albums sold worldwide during his (nearly 50 years long now) career. As of 2005, he's cranked out 1000 songs, 400 tours (for ~25 millions spectators), 18 platinum albums and 1 diamond album. He also participated in 29 films and around 80 books have been written on him.

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  25. Proxies by B_un1t · · Score: 1

    I guess its time to start using French proxies so the **AA thugs can leave me alone!

  26. DRM CDs by MS-06FZ · · Score: 5, Funny

    So for the love of music and all things musical, go out and buy a massively DRM encumbered CD today! Better yet, buy two...for the alternative is unthinkable!

    The advantage of buying two is that it provides a practical way for two people to listen to the music, at the same time! You could even give the second copy to a friend, so that they may listen to their copy whenever they like: but under no circumstances are you to listen to their copy! Your best bet is to bring your own copy with you, and listen to that. This serves two goals. First, it will drown out the sound of your friend's CD, to which you do not have access and which he is not permitted to use as a public exhibition. Second, it will allow you to hear the music to which you otherwise would not have access.

    --
    ---GEC
    I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
  27. Re:It's not a problem with the business model.. by Troed · · Score: 1

    Where can I buy your product online?

    (I thought business was about trying to get customers. If that requires a new business model - then what are you waiting for? Think of the head start you can get)

  28. Re:Yeah, Right by shark72 · · Score: 1

    "Yeah, right. As long as P2P is around nobody can sing a song, compose lyrics, record a song, perform at your local coffee shop, write a screenplay, make a movie, or do anything else creative at all. You're all dead in your tracks."

    I'm aware you were being sarcastic, but think of it this way. Say that once we put the musicians in their place, we made a law outlawing the sale of software, or legalizing software piracy, or something similar. Software development would continue to exist (e.g. the OSS movement would continue on), but a lot of people who make their living writing software would be mighty pissed.

    --
    Sitting in my day care, the art is decopainted.
  29. Let their work die! by Vitus+Wagner · · Score: 1

    If they are telling us that freedom of distribution would kill their work, they are probably right. But every new invention kills someone works. For example, in the past there were water carriers in the cities. Piped water killed their work. Nobody now need to pay somebody for binging busket of water into his home.

    Fate of music distribution industry would be same.

    As for rock stars, they are probably right too. These stars do not produce good music, they are created by advertising and support of recording industry. So, if recording industry is gone, most modern stars would be gone too. Other bands with more talent would take their place.

  30. Re:So, they're surrendering in the fight against P by dasnov · · Score: 1

    but then we'd have to ask ourselves what's so bad about making a copy of a car if the owner still gets to keep the original.

    So from your line of thinking, I could could 'borrow' a draft of 'car x' from a company and start producing that car myself? What would be the point of ever creating a new idea when you can just steal others?

  31. Re:So, they're surrendering in the fight against P by dasnov · · Score: 1

    Don't most people feel that way? Judging by the amount of traffic tickets given out and the amount of people that pass me on the highway, I'd imagine they do.

    Ofcourse, I don't know of anyone who doesn't. But we all have to live in cooperation even if we don't agree. Allthough I'm not saying everyone should blindly accept laws.

  32. Re:Still have to pay by homer_ca · · Score: 1

    This would be a flat fee added to your ISP bill, not paid to the P2P service. I'd pay for it to legally download all the P2P music I want.

  33. Re:So, they're surrendering in the fight against P by networkBoy · · Score: 1

    Not saying it's legal but it is not stealing, it is (c) infringment. There is, in fact, a difference.

    Now, back to the case in France, the summary even mentions the "flat fee" aspect of P2P as a service, so in this case, no it is not stealing or (c) infringement. Just because teh media companies do not like the laws does not mean that what is happening is illegal.

    As to the whole stealing thing: I once was like you, this is stealing. After a lovely argument I was swayed to the "it's not stealing" camp, problem is that tends to lump me in the "it's OK" group as well, which I firmly am not.
    -nB

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  34. I'd pay $6 per month... by Panaphonix · · Score: 3, Informative

    Under a system proposed by Harvard University Professor Terry Fisher:

    http://www.theregister.co.uk/2004/02/01/free_legal _downloads/

  35. Re:Yeah, Right by tomjen · · Score: 1

    Yes, but sooner or later a company will need thiere software to have a certain feature, it currently does not. So they will pay someone to add it.

    --
    Freedom or George Bush
  36. Re:Have it your way by Anonymous Coward · · Score: 1, Insightful

    Kill off the entertainment industry and put your nose to the grindstone. I'm guessing it will play out as a net positive.

    You're guessing, and I'm certain.
    Music (and almost all other performing arts as well) was far better before your beloved
    'entertainment "industry"'. And it was so for hundreds upon hundreds of years.

  37. Re:Who controls the purse strings in these schemes by commodoresloat · · Score: 1

    Since they could collect exact statistics on what was being downloaded most often, it wouldn't be too hard to set up a reasonable way to distribute funds based on popularity. What's the worry here anyway? That this agency would become another RIAA? As long as they can't censor what is being shared, this really isn't the same -- it's p2p, meaning the sharing of music is between artists and fans (or fans and fans), no stranglehold over distribution means most of the organization's power is eliminated. Sure, they will be fatcats with egos the size of saturn getting rich off other people's talent, but such leeches will always exist. They existed long before recording technology ever existed. The mistake in the 20th century was putting them in charge of anything important.

  38. Re:Have it your way by frankm_slashdot · · Score: 1

    YESTERDAY i spent all my mod points... you should have totally posted this not A/C man. good shit here. same goes for the 2 other replies below this one.

  39. Re:Who controls the purse strings in these schemes by totatis · · Score: 1

    Ah, I see you don't know French bureaucracy.
    Our so nice system would mean that for any artist to see any money, he would have to wait 3 years. Money would not be given according to popularity, no scientific data. It would be given at what most normal human would see as random, but some state employe could go at great length to explain you why it's not random and in fact a perfectly working system. And replying that your 2 years old daughter just got a check for a 1999 song would be answered by a "don't you stop spreading lies, you public service fascist right wing murderer !".
    Oh, and since they will be on strike every two days for whatever reason (they want to get paid more, they want to have retirement at 29, it's nice weather let's take a walk ...), you can bet that it'll need thousands of employee to handle this mess.
    Never underestimate the inefficiency of our tax paid bureaucracy, it amazes you evey day.

  40. Re:Yeah, Right by shark72 · · Score: 1

    "Yes, but sooner or later a company will need thiere software to have a certain feature, it currently does not. So they will pay someone to add it."

    Yup. The software market would change drastically. If companies needed a feature that they couldn't get by pirating some third-party work, they'd hire a contractor.

    A future in which programmers are treated the same way as we want to treat musicians would be great if you're a contract programmer or you're already in the habit of giving your stuff away for free, but a bummer for you if you're used to the "write once, sell many times" model. Likewise, a similar future for composers, lyricists and musicians would be fine for you if you wrote your own stuff and largely made money playing in coffeehouses. Otherwise, it would suck.

    --
    Sitting in my day care, the art is decopainted.
  41. Re:Have it your way by Matt2k · · Score: 1

    > You can still make your art and lock it away in a vault... but don't expect us to pay you for it if you don't agree to respect our freedoms.

    But it's not about _your_ freedoms, it's about the freedom of people to create whatever content they like, and charge for it to make a living. The same right that allows people like RMS to give away software under licenses. If you don't want to pay for my product XYZ, if I'm a crotchety old dinosaur of a bygone era, then so be it. I'll go out of business of my own accord. I certainly don't need a pirate's bizarre justification that it's acceptable to take money from my pocket.

    There's a thing about volunteer projects that only go so far. People get burnt out, people move on, day to day responsibilities take on greater importance. It happens every day. I know other folks like to romanticise the idea of art, like people from ages past worked on art because they were all filled with firey passions, but it just isn't so. Michalangelo didn't paint just because he loved to do so, the sistene chapel was a commissioned work. That sort of thing.

  42. Re:Have it your way by Matt2k · · Score: 1

    > You're guessing, and I'm certain.
    Music (and almost all other performing arts as well) was far better before your beloved
    'entertainment "industry"'. And it was so for hundreds upon hundreds of years.

    You're darn right. There's nothing I enjoy more humming my Sonata No.5 c Minor on the drive to work. And when I get home I regale my family with old folk songs about the old country. I think most people would agree with me. Ignore how shitty current entertainment is, we're just downloading by the *millions* so we can remind ourselves just what utter garbage it actually is. Right?

  43. Get a clue by geekee · · Score: 1

    "Of course not, because there are huge fundamental differences between physical property and intangible "property", and reasonable people know that the analogy between downloading music and stealing CDs (or any other physical property) is as far-fetched as the analogy between gay marriage and interspecies marriage.
    "

    The only difference between stealing a CD and downloading the CD illegally is about 50 cents worth of packaging. No one gives a shit about the actual physical CD. So the difference is negligible. /.ers just don't get it.

    --
    Vote for Pedro
    1. Re:Get a clue by Anonymous Coward · · Score: 1, Interesting

      "/.ers just don't get it."

      Slashdotters get "it" far more than the rest of the world. RMS types have been thinking philosophically about this issue long before the average person even heard of the term "stealing IP" and "piracy" from Time Warner and Co. Someone that even uses the term "stealing" has been clearly co-opted since their source of information is in a conflict of interest. I don't fault you-- but I will if you don't learn when faced with the facts.

      This matter went before the supreme court decades ago and in every legal sense the courts realized that it is different than stealing since the original work never goes missing. Perhaps "copyright infringement" is wrong. Perhaps "patent infrindgement" is wrong. However it is NOT STEALING.

      What you should be asking yourself at this moment though is-- why are you being manipulated by the media if their case is so just?

      I used to be just like you too. Self-righteous in my belief that it was "wrong". When I realized I was being manipulated by words-- I dug deeper till I reached the point where I realized something.

      If copyright/patent infringement can be maintained in certain areas that don't supercede our existing rights--- then that's fine (e.g. medical patents, industrial design..physical manifestations). Unfortunately because of the Internet it has become apparent where film, software and music are concerned, protecting IP cannot be done without creation of an "information police". Anything you don't track on the Internet will instantly become the avenue of choice for P2P filesharing. Therefore it would require everything to be examined.

      Just saying that s scary. (adds even more fuel to what the government is already doing)

      Art can survive in a (mostly) free information society--- but will we survive a society that polices and monitors all free expression (even if it's verbatim)?

    2. Re:Get a clue by Mr2001 · · Score: 1

      The only difference between stealing a CD and downloading the CD illegally is about 50 cents worth of packaging. No one gives a shit about the actual physical CD. So the difference is negligible.

      Wrong. You know who cares about stealing a CD? The store you stole it from. Now they're out $8 or whatever it cost them to buy it from their distributor, and they have nothing to show for it. You deprive them of something when you steal it; that is, in fact, the very essence of why stealing is wrong.

      When you copy a file, no one is deprived of anything. (You may be less likely to buy it in the future, but if that makes it stealing, then writing a negative review of the album is also stealing, and on a much larger scale.)

      --
      Visual IRC: Fast. Powerful. Free.
    3. Re:Get a clue by Alsee · · Score: 1

      The only difference between stealing a CD and downloading the CD illegally is about 50 cents worth of packaging.

      I'll make you a deal. I'll go over to your house and physically steal your car. And then you come over to my house and take a photograph to steal a copy of my car.

      I'll even chip in 50 cents for you and we'll call it even.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  44. It is also the German spelling by henni16 · · Score: 1

    "Irak" is also the German spelling
    ..and probably in lots of other languages.

  45. Re:Uhh, you sure forget history pretty quickly by greenrd · · Score: 1
    Are you some kind of Fox-News-watching idiot? I know Bill O'Reilly and co like to tell you up is down and left is right but that don't make it so. No WMDs were found, and Saddam and Al-Quaeda were mortal enemies. Period. (I take it you're not attempting to deny that the middle east is fucked - that's been true for a while.)

  46. If free p2p hasn't killed their work already..... by Anonymous Coward · · Score: 1, Insightful

    .... why would this? Just because more people would use it? No, it would increase exposure to their work so they could command higher fees for concerts and other live appearances.

    I'm sick to death of these stupid and greedy artists who are terrified they're going to not get a couple thousand a year. It's a couple thousand they might not get anyway - I might download one song from the cd, but I'd never have bought the cd even if I couldn't get that one song. I'd have just done without rather than waste over $20 on a cd for just one song. Are they really losing any money? Unlikely, but they claim they are. Either that, or they're just repeating what they're told to say.

  47. Re:So, they're surrendering in the fight against P by bazald · · Score: 1

    That is all good and well, but that is not the way one should act. One should generally follow laws even when they are imperfect. One should also work with the government to change any laws that are imperfect, which is what it sounds like the French are actually doing. There are few cases where it is reasonable to outright ignore laws (and I don't think it necessary to list them here).

    --
    Insert self-referential sig here.
  48. Vive L'resistance! by Bushido+Hacks · · Score: 1

    Way to go France!

    --
    The Rapture is NOT an exit strategy.
  49. Re:France? Yeah but .... by chawly · · Score: 1

    Better than it being shut off every time George Bush farts - downtime would be considerable in that case. At least we're trying. You folks appear to have given up to the RIAA.

    --
    How many beans make five, anyhow ? ... Charles Walmsley
  50. Re:French Surrender by chawly · · Score: 2, Interesting

    Laughing is good for you - so continue. In the meantime your missing something or perhaps I am , but it seems to me that while the RIAA are suing unborn babies in America (the land of the free), we still have the right to P2P here in France.

    --
    How many beans make five, anyhow ? ... Charles Walmsley
  51. Informative ? heard of 75%+ nuclear ? by aepervius · · Score: 1

    Our electricity generation is away from carbon based economy since long. A lot of people are interrested in Hybrid, and I saw a lot of eletric only car back a FEW years ago (although sadly only a minority). So please, who is the more "addicted" to oil ?(to take your OWN president State of Union word). And I won't even start on the other point which more or less amount to "forget the mud we have on our feet and point out at the dirt on other people feet". The only things I have to say is that, by now, more or elss all feet of the western world stink.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  52. the same product with zero costs??????? by Findeton · · Score: 1

    You said that "its failing because the competition is exactly the same product with zero costs and zero investment for the 'producer'."

    Well, let you remember that time, some years ago when p2p was only a dream... Yeah! people also copied tapes! I really don't know if it that was legal under the US law, but here in Spain, politicians understood what was happening and ruled a new law so copyright infringment of culture products it's only illegal if you profit from it! So long from then, no one here can be sued because of downloading or copying anything if they are not selling it.

    Hell, you should remember that copyright is something very relative, and it was invented to protect culture, protecting the producers is just a side effect. Culture existed before copyright and will continue existing in spite of the MPAA.

    But, i think that the most important point here is that copyright was 'invented' because law had to protect writers from the printing press owners, so they pay money to writers... because producers didnt have any other method to DISTRIBUTE their work and anyway it was damn expensive. So, now that is so easy to share their work, we shouldn't miss the point: Sharing culture shouldn't be illegal!

    1. Re:the same product with zero costs??????? by cliffski · · Score: 1

      I used to copy the odd tape to 2 or three friends. these days, I can copy that tape to a queue of 2000 people accross the globe I never met, maybe 4 of them at once. And I can do this while asleep or at work.
      Bit of a big difference there...

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:the same product with zero costs??????? by Findeton · · Score: 1

      Assume it, science keeps advancing. What part of "don't miss the point" didn't you get? I don't think you have read the whole post i wrote...

    3. Re:the same product with zero costs??????? by cliffski · · Score: 1

      *sigh*
      whats the point in "sharing the culture man!" if nobody produces any culture anymore because they know cheap-asses are gonna just steal it.
      great plan.

      --
      DRM-free indie games for the PC and Mac: Positech Games
  53. ai, that's the difference... by Karem+Lore · · Score: 1
    A real artist isn't into art to make a lot of money but for the love of art.
    Music and films are two "arts" that are there to make lots of money.

    If musicians were real artists they wouldn't mind us sharing their works whereas the current-day money grabbing music artists are all out to get as much as they can and for what?

    IMHO this kind of attitude towards art loses much of the art and artists value.

    Karem

    --
    When all is said and done, nothing changes...
  54. Re:Uhh, you sure forget history pretty quickly by mankey+wanker · · Score: 1

    I guess breaking international law can be forgiven with such good end results.

    Actually, not so much...

  55. Re:Who controls the purse strings in these schemes by cliffski · · Score: 1

    indeed, and how about the little guy? Ok I make games and not music, but maybe they will allow that too? I don't suppose I'd be losing millions of dollars, but I doubt the French government will track me down and send me a EUR 20 now and then, as my share of the trading of my copyrighted work.
    The future for online games, music and movies is for people to pay for a hassle free downlaod, without silly restrictions, but without making illegal copying too easy. this French scheme is insane.

    --
    DRM-free indie games for the PC and Mac: Positech Games
  56. That's a lot of nonsense by Peter+Eckersley · · Score: 1

    For people who currently observe the law and do not download at all (or only download stuff the copyright owner has given away), this is a tax with no return.

    What about the now-legal option of commencing to download free music? That's a pretty nice return! There are others too, like lower CD prices. The only losers would be people who want a net connection but have no interest in any cultural works whatsoever. The needs of the many outweight the needs of the few.

    It weakens the rights of authors and hands tax money to the publishers.

    Why? As an artist, you can self-publish on the 'net, and if the system is designed right you'll get payed in proportion to your popularity.

    Actually, I have a pet theory about why publishers have been so opposed to these sorts of levy schemes. I think they're afraid that it would only be a short step to a mandated revenue split, saying something like "artists must get at least 50% of this money". Such splits exist in some countries' private copying and public lending rights schemes, so the precedent is clear. It would be a radical change from the less than 5% they get from CD sales at present!

    But follow me further, if you will: What happens if something like GPL'd software gets included in the definition of content that right now we think will only include songs and music? Would a French company be allowed to re-distribute GPL'd software in violation of the terms of the GPL by claiming this law frees them of the constraints of copyright?

    Well, assuming that the system is applied to software (which it probably wouldn't be)... what incentives would a firm have to keep their source code secret if their users didn't have to pay for binaries? Remember also that if they distributed the code in any country where the law enforced the GPL, they'd have to comply.

    If for some strange reason this did turn into a problem, it would be easy to add a clause exluding already free/open source software from the blanket license.

    1. Re:That's a lot of nonsense by lynx_user_abroad · · Score: 1
      What about the now-legal option of commencing to download free music?

      This would only be a benefit to people who:

      • Have an interest in downloading music (or other content).
      • Have the capability to download that content. Pretty much excludes people without broadband.
      • Want music that is not currently legal for them to download today.

      I'd argue that's not a large enough group to justify taxing everybody, but let's run with it anyway. Wouldn't this just accellerate the move among traditional publishers toward even more restrictive DRM?

      Some will argue that all DRM can be broken, but there is also precedent in the DMCA for laws prohibiting such acts. I hope you're not advocating that such actions would be considered legal.

      The only losers would be people who want a net connection but have no interest in any cultural works whatsoever.

      Like people who only use the Internet for email and instant messaging. For buying and selling on Ebay, or through other sites. For blogging. Or the proverbial Web-cam-to-the-grandkids. Or catching up on the news. Or discussing technology, cooking, politics, or shoelaces. Or software development.

      In other words, geeks like us?

      Or those wierdo's who create their own music, movies, etc. and publish them on the web for free, or currently have an acceptable (to them) means of selling their creations without going through the RIAA. Are you really trying to kill off their attempts to build a new business model? What are you, some sort of RIAA plant or something? ;-)

      Or are you one of those (perhaps rightly called) pirates who only sees the Internet as your personal source for stolen music and movies. It might surprise you to learn it wasn't actually built for that reason.

      As an artist, you can self-publish on the 'net, and if the system is designed right you'll get payed in proportion to your popularity.

      There is no discussion of any mechanism to assess which works are being shared, assign popularity, allow artists to register, collect fees, etc. You're not thinking straight. You're just dreaming. Heck, you're not even dreaming straight.

      So now, artists have to register their works, someone has to somehow assess the 'popularity' of a work that anyone is allowed to freely share, and somehow the money just magically gets returned to the artist. What's to prevent someone from gaming the system with a bot net? If I transcode your song to a lower bitrate, do you still get the money, or do I, or do we split?

      Remember also that if they distributed the code in any country where the law enforced the GPL, they'd have to comply.

      USA_Uber_Hacker develops a new web app, publishes it under GPL.

      The French subsidiary (only one employee) of StolenSoftware, Inc strips the attribution and license language re-publishes it as Public Domain on p2p.

      StolenSoftware, Inc (Global) grabs the (now public domain) source, and off we go.

      --

      The thing about things we don't know is we often don't know we don't know them.

    2. Re:That's a lot of nonsense by Peter+Eckersley · · Score: 1

      Damn trolls. Must not reply. Must not feed them. Must not reply. Replying...

      Like people who only use the Internet for email and instant messaging. For buying and selling on Ebay, or through other sites. For blogging. Or the proverbial Web-cam-to-the-grandkids. Or catching up on the news. Or discussing technology, cooking, politics, or shoelaces. Or software development.

      There's no reason why high quality blogs and news sources, or even political and cooking websites, shouldn't be funded under the same system, in proportion to the amount they get used/appreciated. Those services are just as vulnerable to the economic "free rider problem" that motivates copyright, as musicians or authors are. Software development is a hard case -- it'd be easy to fund proprietary software using some kind of levy, but it's hard to say who should get the money for a cool free software app.

      Or are you one of those (perhaps rightly called) pirates who only sees the Internet as your personal source for stolen music and movies. It might surprise you to learn it wasn't actually built for that reason.

      Actually, I prefer to think that the Internet might become the greatest public library that humans have ever built. And of course I'm a pirate. It's the only responsible thing to be. But it's not "stolen music". The idea that people are "stealing" music is RIAA propaganda. Stealing royalities, maybe, sometimes. But not music.

      There is no discussion of any mechanism to assess which works are being shared, assign popularity, allow artists to register, collect fees, etc. You're not thinking straight. You're just dreaming. Heck, you're not even dreaming straight.

      I don't know what the French are discussing, but read the link in my sig.

      USA_Uber_Hacker develops a new web app, publishes it under GPL.

      The French subsidiary (only one employee) of StolenSoftware, Inc strips the attribution and license language re-publishes it as Public Domain on p2p.

      StolenSoftware, Inc (Global) grabs the (now public domain) source, and off we go.


      That isn't how copyright law works. A blanket license or private copying exception in French law wouldn't put works in the public domain. Even if France did withdraw from the Berne Convention, TRIPs, etc and declare all such works to be in the public domain, it would have no effect on those works outside of France (exept possibly works by French authors -- it would depend on each country's law).

    3. Re:That's a lot of nonsense by lynx_user_abroad · · Score: 1

      I don't know what the French are discussing, but read the link in my sig.

      For the record (since slashdot sigs are mutable) the referenced link is: http://jolt.law.harvard.edu/articles/pdf/v18/18Har vJLTech085.pdf

      Damn trolls. Must not reply. Must not feed them. Must not reply. Replying...

      Whoooo! Fresh meat! Eighty-two pages of hearty PDF, and slathered with footnotes; just as I like it.

      BTW: I'm not a troll, I'm an Ogre. Like an onion, you know? Oh nevermind...

      My first impression is that your paper suffers from a perceptional bias. There is a definite bias toward seeing digital content artifacts as being predominantly comprised of mass market content, which is to say content created by a class we call authors and produced for the purpose of commercial consumption. The proverbial "Brittney Spears MP3" would fall into this class. From what I've read to this point, there's little focus in your paper on the treatment of anything outside this class.

      I'd consider that deficiency to be worth addressing in itself.

      Not a fault of yours, but I would expect such a bias from anyone who has made the study of Intellectual Property and Copyright a professional focus. Perhaps you can benefit from an analysis by a troll.

      There's no reason why high quality blogs and news sources, or even political and cooking websites, shouldn't be funded under the same system...

      Much of the content on the internet is composed of digital content artifacts which were not created for commercial reasons, and although clearly authored by someone, were not created by Authors in the traditional Copyright sense. Among these, for example, would be Slashdot replies, although those probably don't qualify as "high quality" content. It's not clear that any VMRS could ever be efficient enough to interoperate with the creation of this kind of content without necessarily impeding it. I'm not sure it would be worth my trouble to register as an author for the kind of financial return a VMRS would offer to mere slashdot posters, unless it were necessary to keep Delilah from registering in my stead to game the system. I'd probably just exit the market instead.

      ...in proportion to the amount they get used/appreciated.

      Demand does not always equal value, (2.A.1, pp96-97) unless defined as such. While I'm unable to offer an alternative, I think you underestimate the detrimental effect a VMRS might suffer from inappropriately compensating popular but not particularly valuable content. (think: kiddee porn.)

      Additionally, there are vast classes of Internet traffic which should not be considered digital content artifacts (think routing table updates, ICMP queries, etc) and that which straddles the line (RTP snippets of a VoIP conversation, etc). And while a tax based on bandwidth might seem intuitive to someone who only sees the Internet as a string of free MP3's, those of us who work down in the bowels of the Internet ("Under the bridge", if you will) tend to see things differently.

      I do like your proposal of allowing consumers to "vote" their content preferences, but without further analysis, it seems impossibly flawed. I can provide further analysis to your email-address-of-record, if you'd like, but I believe it's beyond the scope for this thread.

      Software development is a hard case...

      Agreed. Perhaps it too is beyond the scope of this discussion. But the Internet has a tendency to act as a slippery slope for many things. And solution which cannot serve for all kinds of digital content artifacts is at best incomplete.

      Stealing royalities, maybe, sometimes.

      --

      The thing about things we don't know is we often don't know we don't know them.

    4. Re:That's a lot of nonsense by Peter+Eckersley · · Score: 1

      It's not clear that any VMRS could ever be efficient enough to interoperate with the creation of this kind of content without necessarily impeding it. I'm not sure it would be worth my trouble to register as an author for the kind of financial return a VMRS would offer to mere slashdot posters, unless it were necessary to keep Delilah from registering in my stead to game the system. I'd probably just exit the market instead.

      I agree that there are interesting kinds of material which couldn't/shouldn't be funded by a virtual market type system (or by ordinary markets either). Usually these things require much less concentrated effort than (say) writing a book or producing a Britney Spears track, so there may be little or no need for funding anyway. I'm not sure, to follow your example, whether it would be a good idea to pay people for posting slashdot replies. Even small payments could be bad :).

      Perhaps a good threshold way of dealing with this would be to say that, if web-only material is going to be registered, the poster and the site owner have to agree on it. So you could have slashdots with a policy of registering replies for remuneration, and slashdots that don't register. The lower-hassle non-registering sites might produce better results, so people end up reading those. Perhaps there'd also be some highly moderated, well researched discussion sites with professional participants.

      Demand does not always equal value, (2.A.1, pp96-97) unless defined as such. While I'm unable to offer an alternative, I think you underestimate the detrimental effect a VMRS might suffer from inappropriately compensating popular but not particularly valuable content. (think: kiddee porn.)

      That's exchange value; you're worried about ethical value and I agree there is difference. Extreme cases like child pornography are dealt with by making them illegal. In more moderate cases, I personally don't think this is enough of a problem to not fund copyright works, or even particular classes of works (like ordinary porn and/or/eg trashy pop music). However, I do think that a voting-type system could deal with these issues better than existing markets (see part III C 5 and especially pp 147--149 of the article).

      Additionally, there are vast classes of Internet traffic which should not be considered digital content artifacts (think routing table updates, ICMP queries, etc) and that which straddles the line (RTP snippets of a VoIP conversation, etc).

      But are you saying that there are so many people who use internet connections (maybe even just residential internet connections) for exclusively non-copyright-related purposes that the levy would be a net-negative for society? Note that the net social cost of taxing person A $100 and spending it to benefit person B is not fixed at $100; it would often be $5-20, though it could be over $100 if the money was wasted or negative if person B was poor and benefitted greatly (though dollars become a bad measure at that point).

      I do like your proposal of allowing consumers to "vote" their content preferences, but without further analysis, it seems impossibly flawed. I can provide further analysis to your email-address-of-record, if you'd like, but I believe it's beyond the scope for this thread.

      Sure! I'd like to hear what you have to say.

      Your point is taken. My point still stands. We may not like the current situation concerning copyright on the Internet, but (to the extent we live in a Democracy) we did create it, and if it's going to get changed, it's up to us to change it. The actions of such "pirates" serves to strengthen the position of the entrenched interests like the RIAA, and I find it difficult to view anyone acting in that manner as an ally.

      Your view of the democratic nature of western societies is more optimistic than mine. I know a bit about the political processes that lead to copyright laws being

  57. Re:Who??? by lixee · · Score: 1

    No offense, if you like Johnny, but I'd assume French slashdotters to be a little more musically educated. His success just shows how "uncool" the French are.

    --
    Res publica non dominetur
  58. Re:Who??? by masklinn · · Score: 1

    I hate Johnny, so no offense taken.

    On the other hand, I mostly listen to classical music, so I'm probably even "uncooler" than a Johnny fan by your standards.

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  59. Re:Who controls the purse strings in these schemes by Peter+Eckersley · · Score: 1

    Unfortunately, just counting downloads isn't a very good way to do this, since those numbers are relatively easy to manipulate in various ways. Far better would be to survey x thousand people whose computers have been carefully checked for malware. Or to use "trusted computing" hardware to report reliable statistics from people's media players (how's that for an ironic use of technology).

  60. Relationship between film cost and quality by Peter+Eckersley · · Score: 1

    Actually, I saw an interview in which Phillip Noyce said that it's much harder to make a good film when there is more money involved. His main claim was that the huge amount of financial risk involved makes investors averse to anything artistically adventurous. Maybe also that the logistic complexity of shooting expensive scenes can distract from the stuff that makes a film great (although I'm not sure if I'm recalling that second point correctly).

    The fact that cinema tickets are all essentially the same price also skews financial incentives towards "lowest common denomniator" markets. A carefully designed taxation-funded system that based remmuneration on how much people like a film after they saw it, could improve the situation for material that has a smaller but more appreciative audience.

  61. Re:So, they're surrendering in the fight against P by glesga_kiss · · Score: 1
    That is all good and well, but that is not the way one should act. One should generally follow laws even when they are imperfect.

    Nonsense. Rosa Parks? OK, so comparing the US civil rights movement to kids downloading Britney isn't really valid, but "generally follow laws" isn't really the case.

    Most people don't murder others because it's wrong, not because it's illegal. Some people smoke pot because they don't agree with the "danger" touted in campaigns. The illegal nature of it does nothing, except perhaps entice kids to do something rebelious.

  62. I was against the war, but by Britz · · Score: 1

    I have to tell you that France is neither behind nor ahead on a moral level than any other country including the US, simply because it is VERY hard to define morals (as in whose morals).

    Also Chirac is a big fat asshole. Only because he is much smarter than Bush doesn't mean he is a nice guy. Bush comes across as a clueless nice guy that I wouldn't mind as a buddy, but that should never be in a position of power, whereas Chirac is a very corrupt smart power player. Now choose.

    I am from Germany and if I could decide who dominates the world I dunno which country to choose. Germany dominated much of Europe up till 1945. In the end it was good that that changed. France and the UK dominated (and still meddle around) in Africa and parts of Asia. The US dominates the Americas. Colombia if sinking into civil war, dragging the whole region behind and the slums in Brazil are pretty bad, but compared to the Democratic Republic of the Congo, Angola and Ruanda (among other regions in Africa) they are still much better off. The only really bleak spot in the American hemnisphere are Haiti and the likes, but even though Haiti is one of the worst places to live in the world it is comparably much smaller than the DRC.

    Iraq:
    Made no sense other than fueling the "industrial-military complex" as Eisenhower called it. BUT: http://en.wikipedia.org/wiki/Algerian_Civil_War (Algeria is still considered colony by many people in the French administration and treated as such by French intelligence services), so the US is not the only one engaging in wars. It just happens to have a high profile. Look up Russia and Chechnya.

  63. Re:So, they're surrendering in the fight against P by bazald · · Score: 1

    Clearly you couldn't be bothered to read my statement to the end. I specifically said that some circumstances existed when one *should* ignore laws. Furthermore, law and morality need not correlate perfectly despite what you happen to think about the matter. Oh well, eh Glesga?

    --
    Insert self-referential sig here.
  64. Re:So, they're surrendering in the fight against P by Mr2001 · · Score: 1

    So from your line of thinking, I could could 'borrow' a draft of 'car x' from a company and start producing that car myself?

    Yup, as long as you don't commit fraud by claiming you designed it or they manufactured it.

    What would be the point of ever creating a new idea when you can just steal others?

    You tell me. What's the point of creating anything new when you can just use an existing one?

    Do you think the only reason people started using Linux is because they were afraid of being caught pirating Windows? Of course not. Thousands of people have devoted their time to researching and producing software mainly because what's out there wasn't good enough for them.

    As long as there is demand for new ideas, there will be a market for people to get paid for coming up with them. Even if it requires a business model we can't forsee yet--and in most cases, it doesn't--there will be a way for people to get paid for coming up with new ideas, because their talent is scarce and therefore valuable, even though the ideas themselves are not.

    --
    Visual IRC: Fast. Powerful. Free.
  65. Re:UBUNTU STUDIO PROJECT LAUNCHED! by dolson · · Score: 1

    WTF? Who is posting my wiki on Slashdot? In the comments for something absolutely not even related to music or Linux?? Please don't do this kind of crap..