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The MPAA and EFF Cross Sabers

wigwamus writes "Motion Picture Association President Dan Glickman and Electronic Freedom Foundation co-founder Johh Perry Barlow lock horns, then knock lumps off each other over the movie business' attitude to the Internet. From the article: 'These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices.'"

401 comments

  1. Yep by Anonymous+Crowhead · · Score: 0, Troll

    People with real world business experience going up against young idealists. Guess what? Business always wins. Always has, always will.

    1. Re:Yep by kfg · · Score: 5, Insightful

      See the Boston Tea Party and the American War of Independence.

      KFG

    2. Re:Yep by w33t · · Score: 5, Insightful

      if you change one word I think your point becomes fallible.

      People with old world business experience going up against young idealists

      In either case, new ideas actually quite often do win.

    3. Re:Yep by Anonymous Coward · · Score: 0

      Look at this list. It looks to me like the peasants have the upper hand, historically speaking. It might take them a while, and some may even die along the way, but the peasants either get their freedom or they die trying.

      OMG!!! Now my stomach is turning.

    4. Re:Yep by DragonWriter · · Score: 1

      The American War for Independence featured two sides, each led by experienced people in the fields of business, government, and war; I'm not sure exactly how it is relevant.

    5. Re:Yep by grev · · Score: 2, Interesting

      "Young idealists?"

      But you know the problem is - the bad news is that you're up against a dedicated foe that is younger and smarter that you are and will be alive when you're dead. You're 55 years old and these kids are 17 and they're just smarter than you. So you're gonna lose that one.

      Also, I would think that these young individuals have a greater and farther reaching influence than the corporate bigshots. Internet. SERIOUS BUSINESS (really).

    6. Re:Yep by Captain+Splendid · · Score: 1

      I think his point was that there's plenty of occasions where the underdog has won. However, going up against big business is a painful process, whether you win or lose.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    7. Re:Yep by TechyImmigrant · · Score: 2, Insightful

      >See the Boston Tea Party and the American War of Independence.

      That's why the tea is crap in America and good in Britain.

      --
      Evil people are out to get you.
    8. Re:Yep by Anonymous Coward · · Score: 2, Funny

      Evil Will Always Triumph, because Good is Dumb - Lord Helmet

      -- Spaceballs

    9. Re:Yep by mikeisme77 · · Score: 1

      The American Revolution (and several other successful revolutions on that list) were initiated and run by, not peasants, but the wealthy middle class/merchant class. Most "peasants" tend to lack the education, training, experience, funding, etc. to successfully start and sustain a revolution. The wealthy that are not in power use the grumblings of the poor/peasantry to entice them to battle, and thus putting the wealthy people who weren't in power into power. There's a reason there are pieces called "pawns" in chess games...

    10. Re:Yep by Anonymous Coward · · Score: 5, Insightful

      often, but not always. with movie piracy I am reminded often of what happened in Canada many years ago with cigarettes. Big business (the Canadian gov't) lost big time on that one and the little guy was triumphant.
       
      Without going into much detail, or even providing a link (i'm that lazy and at work so I shouldn't even be here) - Canada decided smokers would pay out the ass if they heavily taxed cig's, i mean heavily, i think at the time it was early 90's and suddenly the price of the dirty cancer sticks jumped a couple of dollars. they still paid. for awhile. than, oddly enough, people found some stores that sold cheaper slightly less taxed (OK, not taxed at all) cigs at some stores. Canadians liking to save money like everyone else opted for the lower cost. I inquired into it a bit and discovered that pirate rings for cigarettes had been established - in some cases it was local reserves, others it was smuggling from the US, and local stores were frequently buying quantities of cigarettes of people who sure didn't look very official.
       
      the gov't saw this happening and took immediate steps to stop it that succeeded, they dropped the tax on the cigarettes and learned a valuable lesson - when you charge a lot for crap, people stop buying it. now to bring this up to today, in the article the MPAA advise that they need to pay these people salaries so they will continue to produce, i whole heartedly agree, but not million dollar salaries, if you need to make several million for working for a few weeks and can't get by without it, than screw you and the horse you rode in on. if the product was priced more on par with the value the consumer got from it than they wouldn't be having this problem.

    11. Re:Yep by 0xdeadbeef · · Score: 3, Insightful

      > People with real world business experience going up against young idealists. Guess what? Business always wins. Always has, always will.

      Except when they don't. Don't confuse the aggregate power of the profit motive as evidence for the competence of individuals.

      In this case, it is the business people who are living in a fantasy land, and the "idealists" are the ones thwacking them with the cold cruel club of reality.

    12. Re:Yep by vorstyles · · Score: 1

      The problem with that is when the young grow up, their humanitarian ideals fade away, and they embrace the business ideals of America. Those who don't are considered fringe and ignored, or chastised for their choices. A 17-year-old activist is considered a hero; a 55-year-old activist is considered a trator.

    13. Re:Yep by lhbtubajon · · Score: 2, Interesting

      No, the tea is good in Britain because the British spent centuries raping east Asia and poisoning its people with a combination of opium, disease, and empire-building.

      The Americans just decided Dar Jeeling wasn't worth living under the imperial thumb.

    14. Re:Yep by Yvanhoe · · Score: 1

      You are so right, Google would have no chance in the real world.
      Linux is a student's project.
      OSS is an utopia.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    15. Re:Yep by ThatsNotFunny · · Score: 4, Funny

      and the opposite goes for teeth, I guess.

      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    16. Re:Yep by Fordiman · · Score: 1

      Business never wins that one; they almost always survive by way of massive change - which, of course, is all that's being asked of them.

      And rememeber: this dynamic isn't just young idealists going up against business-experienced people; its business-experienced people going up against young idealists in the idealists' home turf. There will be no winners - just concessions. And I can tell you now: the concessions won't include DRM. The more that shit gets spread around, the more its resisted against.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    17. Re:Yep by jbssm · · Score: 1

      George Orwell, 1984

    18. Re:Yep by kfg · · Score: 1

      While still an inexperienced 21 year old college student in 1743, Samuel Adams, a man without whom the Boston Tea Party would not have taken place (and very possibly the War of Indenpendence itself) wrote a thesis entitled:

      "Whether it be lawful to resist the supreme magistrate if the commonwealth cannot otherwise be preserved."

      Is it your thesis that the progenitors of and participants in the war did not start out as 17 year olds with an axe to grind?

      What was the average age of the pariticpants in the war anyway?

      Or are you, perhaps, suggesting that men such as Lessing and Barlow are inexperienced?

      KFG

    19. Re:Yep by Feanor124 · · Score: 1

      Spartacus!!!!!!!

    20. Re:Yep by mikeisme77 · · Score: 1

      Great book (and one of my personal favorites).

    21. Re:Yep by triffid_98 · · Score: 3, Insightful
      I think his point was that there's plenty of occasions where the underdog has won. However, going up against big business is a painful process, whether you win or lose.


      Too true, and while their business model may not survive, there is no denying that big business owns the IP. Whether their content gets distributed for pennies 'per use' or dollars per DVD, they still win.

      What infuriates me the most personally is that these companies are allowed to hold IP hostage. If it weren't for the 'Hezbollah' this stuff might never see the light of day again.

      Example#1. I would happily buy old MST3K episodes legally (yeah I'm wierd), but many of them simply aren't available at any price.

      Example#2. The Sci-fi channel bought up rights to the original outer limits, therefore shutting out my local PBS station. Which would be ok if they actually aired them occassionally, but you know...they dont.
    22. Re:Yep by DragonWriter · · Score: 1
      Is it your thesis that the progenitors of and participants in the war did not start out as 17 year olds with an axe to grind?
      Most people who become adults start out as (or rather, go through a phase of being) 17 year olds with an axe to grind.
      What was the average age of the pariticpants in the war anyway?
      Probably fairly young -- on both sides.
      Or are you, perhaps, suggesting that men such as Lessing and Barlow are inexperienced?
      Well, no, I don't think the characterization of the fight as being between the old and experienced vs. "teenaged Hezbollahs" is at all accurate to start with, but that was kind of beside the point of my comment.
    23. Re:Yep by kfg · · Score: 1

      Teenagers were not the leaders of Hezbollah. Nonetheless teenagers started Hezbollah and provided the grunt force on the ground.

      The leaders of Hezbollah were indeed older and more experienced, experience gained by being . . .the teenage grunt force on the ground.

      KFG

    24. Re:Yep by Psychotext · · Score: 1

      It's ok, we'll export some to you on the black market. Can't beat a nice cup of tea...

      --
      People that believe in their opinions don't post AC.
    25. Re:Yep by kfg · · Score: 1

      That's why the tea is crap in America and good in Britain.

      That's what we get for buying most of our tea from . . .Tommy Lipton. :)

      KFG

    26. Re:Yep by DragonWriter · · Score: 1
      And rememeber: this dynamic isn't just young idealists going up against business-experienced people; its business-experienced people going up against young idealists in the idealists' home turf.
      Well, no, its business-experienced people who benefit from narrow control of media distribution going up against both the idealistic and the simply self-interested consumers of all ages, many of whom themselves are business-experienced.
    27. Re:Yep by Captain+Splendid · · Score: 1

      Absolutely. I donwloaded a torrent a while ago of the first season of WKRP as that is unlikely to see the light of day anytime soon due to IP rights.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    28. Re:Yep by ResidntGeek · · Score: 1

      Same here. I am always saddened by how many people refuse to read it because they're afraid they won't understand all the big words, or they won't enjoy it much, or their friend's sister's former roommate didn't like it as much as Sisterhood of the Traveling Pants.

      --
      ResidntGeek
    29. Re:Yep by indifferent+children · · Score: 1
      People with real world business experience going up against young idealists. Guess what? Business always wins. Always has, always will.

      Yeah. If Apple and Microsoft hadn't been founded by grizzled veterans, they wouldn't even exist today.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    30. Re:Yep by dhalgren · · Score: 4, Insightful

      Right. The Americans still weren't done killing off the natives so the Americans could rule with their own imperialist corruption. Luckily they got the job done in the end and we can all enjoy a nice McDonald's burger while sipping a Coke and watching Fox News. Good stuff.

    31. Re:Yep by jank1887 · · Score: 1
      exactly. a la Orwell's 1984:

      "If there was hope, it must lie in the proles, because only there, in those swarming disregarded masses, eighty-five percent of the population of Oceania, could the force to destroy the Party ever be generated."
      and
      "Until they become conscious they will never rebel, and until after they have rebelled they cannot become conscious."
      and
      "Thus throughout history a struggle which is the same in its main outlines recurs over and over again. For long periods the High seem to be securely in power, but sooner or later there always comes a moment when they lose either their belief in themselves or their capacity to govern efficiently, or both. They are then overthrown by the Middle, who enlist the Low on their side by pretending to them that they are fighting for liberty and justice. As soon as they have reached their objective, the Middle thrust the Low back into their old position of servitude, and themselves become the High."
    32. Re:Yep by Anonymous Coward · · Score: 0

      >People with old world business experience going up against young idealists

      Make it people with old world business experience who happen to be very rich and have power and influence that those young idealists can only dream about.

      >In either case, new ideas actually quite often do win.

      Keep dreaming.

      Bye bye, EFF. It's been nice but all good things must come to an end.

    33. Re:Yep by lhbtubajon · · Score: 1

      At least the popular (even if occasionally horrible, see McDonald's) things from American culture are legitimatly associated with the USA.

      Tea has nothing to do with Britain, except that they invaded another territory, liked their foul-tasting drink, and decided to pretend it was utterly British.

    34. Re:Yep by genner · · Score: 1

      If your not purchasing your tea online. You've missed the point of this article.
      http://www.adagio.com/

    35. Re:Yep by Anonymous Coward · · Score: 1, Insightful

      >But you know the problem is - the bad news is that you're up against a dedicated foe that is younger and smarter that you are and will be alive when you're dead. You're 55 years old and these kids are 17 and they're just smarter than you. So you're gonna lose that one.

      No. The bad news (for EFF) is that while this dedicated foe will be alive but bankrupt when the old guys are dead, a new generation will have taken the aforementioned old guys' place and will have inherited all of their wealth, power and influence. They'll still be calling the shots while the "younger and dedicated foe" will be struggling through debt slavery.

    36. Re:Yep by mapkinase · · Score: 1

      What kind off brainless uneducated idiot moderated the ignorant parent up?

      Tea Party was not between "17 year old tea lovers who wanted free downloads of tea from the metropoly". It was between colonist-businessmen and metropoly-businessmen.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    37. Re:Yep by MrAnnoyanceToYou · · Score: 2, Informative

      The salaries in the music industry are mainly going to the huge PR machine they run. The average CD costs 15-20$, the sound on it costs about 2$ to make. Packaging costs almost as much as if not more than the CD itself. The publisher gets as much out of each track on a CD as the artist. The writer gets a large cut as well. (This all true circa 1999, when I was in Internet music) The problem with the music industry is that somewhere along the line the other eight dollars before retail keystoning gets sucked up by (mainly) dumbasses wearing suits. All these dumbasses are making a steady salary and to get that steady salary they need to keep the business model working their way. Otherwise they become redundant. Now, they do things which are extremely important in the current industry- schmoozing, payola, schmoozing, payola, schmoozing.... - but if the industry changes they may not be as useful.

      Where I worked during the .com's we had two offices - one in LA and one in Portland. The people in LA were generally 1) incompetent, 2) overpaid, 3) arrogant, and 4) touchy about the other three things being true. I have no reason to believe the rest of the entertainment industry is any different.

    38. Re:Yep by w33t · · Score: 1

      Keep dreaming.

      I always have, and I always will

      Bye bye, EFF. It's been nice but all good things must come to an end.

      So shouldn't bad things also?

    39. Re:Yep by cp.tar · · Score: 1

      Normally, I would agree...

      However, these 'young idealists' have the know-how, have the technical means and only need some free time.
      Basically, what businesses are dealing with is guerilla.

      Be it software or music or movie piracy, on one hand you have juggernaut businesses who intend to milk the market for every single penny, and on the other you have people who are intelligent, educated and informed enough not to allow to be milked.

      They can have all the business experience they want; it does not apply. People who pirate movies aren't customers; businesses don't get money from them.
      They can hunt them down, one by one, but they can't catch them (in a way, us) all.

      Acually, the only way the businesses can win is to start pricing things reasonably.
      The current practice of trying to enforce stricter mechanisms of control is really counter-productive; ask any upturned oppressive political regime.

      --
      Ignore this signature. By order.
    40. Re:Yep by Dutchmaan · · Score: 1

      What kind off brainless uneducated idiot moderated the ignorant parent up?

      Tea Party was not between "17 year old tea lovers who wanted free downloads of tea from the metropoly". It was between colonist-businessmen and metropoly-businessmen.


      Well there are some basic parallels to people being treated unfairly by government and/or business and taking action that is deemed illegal. So don't get so focused on detail that you miss the point.

    41. Re:Yep by kfg · · Score: 1

      It was between colonist-businessmen . . .

      What do you think I am? Trust me, I ain't been 17 for more than, oh, lets just say 17 years and leave it at that. I've been involved in some way with "the industry" for more than those 34 years. The waters are deeper than they appear on the surface.

      And I recommend Thomas Fleming's "Liberty! The American Revolution."

      KFG

    42. Re:Yep by staeiou · · Score: 1

      See the Boston Tea Party and the American War of Independence.

      What the hell? The American War for Independence was started and financed by business interests. In fact, it is one of the few revolutions in history which was supported by the bourgeois. (Maybe that is why it has been one of the only successful revolutions...) All the founding fathers owned businesses and were invested in commerce. John Hancock, for example, was one of the wealthiest trader in the colonies.

      If you look at all the reasons the colonists had for revolution, they were mostly economic. Increased taxes, shutting down the port of Boston, forcing businesses to jump through expensive, bureaucratic hurtles (incorporation articles, stamp act, etc), creating a tribute system which made British governors wealthy, compelling shopkeepers and inns to feed and house the British army, forbidding non-British (that is, cheaper) goods to be imported into the colonies, and a whole slew of laws all helped the British companies at the expense of the colonial businesses.

    43. Re:Yep by mapkinase · · Score: 1

      Analogy works when MAIN points of the phenomena match, not the details.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    44. Re:Yep by Anonymous Coward · · Score: 0

      I have been waiting for Dr. Katz on DVD - also not available, until recently, when the 1st season came out. I guess the rest will follow. I think some episodes were available on VHS before now... lame. P2P has its uses, and even when not legitimate, it may be the only way for the fans to watch the things that they've supported all along. The thing is, if the people involved in putting out the DVD had just gotten off their asses earlier and distributed it at a decent price, they would have been making money on this product all along. Some artists/labels/studios/distibutors seem to be under the mistaken impression that they will make more money by keeping their products away from the people who want them.

    45. Re:Yep by MBGMorden · · Score: 1

      American tea is quite good actually, though there's currently on a single source for American tea. We have a domestic tea plantation on Wadmalaw Island in Charleston, SC that produces very fresh, high quality tea (I live relatively close and have been on the plantation tours several times).

      Try it. It's good.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    46. Re:Yep by Shemmie · · Score: 1

      I thought Nike trainers got made... 'out of the country', so to speak.

    47. Re:Yep by Dutchmaan · · Score: 1

      Analogy works when MAIN points of the phenomena match, not the details.

      I'll bet you understood the point they were trying to make though, didn't you?

    48. Re:Yep by mapkinase · · Score: 1

      After it was explained to me, yes. And I claim that besides me being not so bright there is another reason for that: it is bad analogy.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    49. Re:Yep by kilodelta · · Score: 1

      What's more interesting than the Boston Tea Party is the Burning of the Gaspee. You see, the burning of the Gaspee (A British tax ship) was because they'd taken a ship owned by Nathaniel Greene. The Providence Journal has been doing a nice multi-part profile on Greene over the last couple of weeks.

    50. Re:Yep by drsquare · · Score: 1

      Won by people who were interested in paying less taxes on their large slave-run businesses? Yeah naive communism really won out over capitalism there.

    51. Re:Yep by TubeSteak · · Score: 1

      All your point proves is that the Canadian government (like many other governments) is highly dependant on tax revenues.

      That's why alcohol and cigarettes will never go away. They bring in too much tax money.

      If the **AA dissappeared overnight & their former distribution channels moved onto the internet... there would be problems, because there would be a serious hole in most State budgest due to the missing tax revenue.

      If the **AA is a 'problem', not everyone wants it to go away.

      --
      [Fuck Beta]
      o0t!
  2. sooner or later the industry will give in... by Ritz_Just_Ritz · · Score: 5, Insightful

    The bottom line is that if I can see it or I can hear it, I can find a way to copy it. If you make it too difficult to watch a movie or listen to a music, people won't buy it. They'll eventually figure out that they have more to gain by making things easy to use rather than creating ill will and incompatibiity by trying to stamp out casual copying.

    1. Re:sooner or later the industry will give in... by joe+155 · · Score: 4, Insightful

      that's a good point; although I'm going to pull you up on the "If you make it too difficult to watch a movie or listen to a music, people won't buy it." bit... It is already far too hard just to play DVDs that you own; you have to jump through hoops like watching "you shouldn't copy this" etc. and then on Fedora because of the copy protection it won't play strait off (you need an update from livna). And the copy protection means that I can't use my RIGHT to hold a copy of the material I have bought... which meant that when I lost one of my Futurama DVDs all I could do legally is buy another... they don't deserve to have any customers.

      --
      *''I can't believe it's not a hyperlink.''
    2. Re:sooner or later the industry will give in... by Ironsides · · Score: 3, Informative

      which meant that when I lost one of my Futurama DVDs all I could do legally is buy another

      I'd double check that if I were you. A few of the DVD manufacturers (Fox included, I believe), have a system set up so that if a disk fails, you can replace it for something like $5-$7. Basically, the cost of the media, processing and shiping.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    3. Re:sooner or later the industry will give in... by GoatMonkey2112 · · Score: 5, Funny

      Eventually people who are not computer geeks posting on /. will realize that DRM is a pain in the ass. It could even be the downfall of Blue ray and HD-DVD. Eventually there will be a music/media player that is cooler than the iPod and people will realize why DRM sucks. All of the time spent in courts will eventually be a waste on both sides of the issue. Just wait and things will work themselves out naturally.

    4. Re:sooner or later the industry will give in... by Methuseus · · Score: 1

      But the new computer with a DVD+-RW drive I just bought gives me a way to copy it for about $0.50 (cost of the media) and I can make as many copies as I want. If the copy protection weren't there. I have a way to make copies at no cost to them, no hassle to them, so why shouldn't they want to let me do it?

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    5. Re:sooner or later the industry will give in... by theStorminMormon · · Score: 1

      He said "lost". Lost usually means there's nothing to replace.

      -stormin

      --
      The Southern Baptist Convention has creationism. On Slashdot, we have porn.
    6. Re:sooner or later the industry will give in... by couchslug · · Score: 2, Interesting

      They are selling product to the same public that thinks Natalee Holloway was the most important woman in the Western hemisphere. They crave entertainment, and while geeks will always have free stuffs, all the industry need do is deter casual copying. The industry can afford to fight and collect its enhanced profits while fighting. Copyright enforcement requires very little in the way of resources.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    7. Re:sooner or later the industry will give in... by kesuki · · Score: 3, Informative

      Just because you can use software to illegally copy music doesn't mean you're stealing from the industry. As I recall, the record industry has been doing pretty good with all the popularity of american idol. The record labels would be a lot better off in the long run if they moved ahead with the times.

      Right now I'm sitting on slashdot playing games all day, but you know what, i joined the columbia house record club many years back when i first learned you can rip CDs to mp3s I only had a 486 and i So knew 'this is the greatest thing everyone will love it! You don't have to steal from anyone just because you're using p2p software or cd ripping programs. I LOVE sourceforge because they have so many wonder applications like cdex.

      I really beleive the aging dinosaurs who don't learn how to play fair (sony, that means YOU) will get swollowed up by the forward thinking execs, like the owner of virgin atlantic richard branson who HAS got it right, and is trying his best to make a change. Sure he still profits heavily off musicians, and that makes me angry a lot, but at least he's trying to keep up with the times by finding new ways to draw artists and audience.

    8. Re:sooner or later the industry will give in... by DataPath · · Score: 1

      And considering your right is to the copyright protected content and not the media itself, replacement copies should only be the cost of media and transportation, but they have no incentive to respect YOUR rights. So not only is the system fundamentally broken in that they deny you your half of the copyright deal (your rights to the work they have sold you), they're worsening the deal with an obstacle course of "protections".

      --
      Inconceivable!
    9. Re:sooner or later the industry will give in... by sorak · · Score: 5, Interesting
      that's a good point; although I'm going to pull you up on the "If you make it too difficult to watch a movie or listen to a music, people won't buy it." bit... It is already far too hard just to play DVDs that you own; you have to jump through hoops like watching "you shouldn't copy this" etc. and then on Fedora because of the copy protection it won't play strait off (you need an update from livna). And the copy protection means that I can't use my RIGHT to hold a copy of the material I have bought... which meant that when I lost one of my Futurama DVDs all I could do legally is buy another... they don't deserve to have any customers.

      Unfortunately, most people use standard DVD players, or their playstation 2, if they have one, and will never know or care about the pains of trying to play DVDs on a Fedora install. As for the FBI (or interpol) warning, well, originally, a selling point of DVDs was that you could skip past the previews and go straight to the movie. Now that VCRs are going extinct, the movie industry is designing DVDs that make you watch the previews anyway, and people are still sitting through it, to get to the movie. The point is that if they are willing to sit through five minutes of previews, then the FBI warning is no obstacle for them.

      The only thing they really care about is that they can't make backup copies of their stuff. Most people however, are more cynical than idealistic, and so they just assume that because most people do not make backup copies of their cds and dvds, and because most of the people who do copy them, give copies away, that it is fair for the industry to do whatever they can to protect their content. Point is, the grassroots resentment toward the MPAA/RIAA isn't getting any better, and most people will jump through whatever hoops they're given.

      I'm also wondering how long it will be before the RIAA comes up with a new media distribution format (a sort of super-audio-CD) that does something for the customer (maybe raises the sampling rate from 44k to 48k), and also uses a CSS-style encryption. Such a system would be cracked in no time, but the purpose of it would be to make mp3 rippers and unlicensed players illegal (through the DMCA ban on decryption software). Of course, they could then license the rights to microsoft and a few other companies to create software (some of it would come with WMP) that could rip the music into a heavily DRMed format, so that end-users would get just enough freedom to make them use the format. The funny thing is that Microsoft would warn people that they no longer support mp3 ripping of this new media because it is "insecure", and people would eventually stop using mp3 because they perceive it as an outdated technology.

    10. Re:sooner or later the industry will give in... by joe+155 · · Score: 1

      well, mp3 is outdated. Ogg should be the future, and then flac... I do however agree with you, the future is dark and DRM filled...

      --
      *''I can't believe it's not a hyperlink.''
    11. Re:sooner or later the industry will give in... by Mr.+Flibble · · Score: 4, Interesting

      sooner or later the industry will give in...

      I doubt that. The real battle is that the RIAA/MPAA style companies are in are to preserve themselves. What they are really afraid of, but you never hear them say so, is the destruction of their business model.

      These companies pretend to exist under the banner of "protecting" the artists and IP. In truth, they often take the IP away from the artists themselves, and take by far the lion's share of the profits. Nothing really wrong with that as it is just a standard business practice.

      However, with the advent of P2P technologies and the like, distribution is becoming decentralized, which is what the MPAA/RIAA specialize in. Their position as those who control the distribution of media is threatened, and that is their entire business model. If artists sell music directly to the public via P2P or similar technologies, the industries will have no revenue stream, and they will go out of business. The artists will get more revenue, and the distribution companies will get little to none.

      In the long run, artists will have more control over their work, and become wealthier for it. A free market for media is arising, and this is just what the distribution companies don't want. So, the "pirating" is giving rise to more of a free market system, and this could destroy the RIAA/MPAA.

      If they really wanted to help artists as they claim, they would roll out a distribution system based on P2P, and hand all the control to the artists of this system, and merely monitor the P2P network to keep it working. That of course, would reduce their profits, and make the artists more wealthy, and they cant cut their own revenue stream now can they?

      So, instead, the market acts around them, and this system will arise all on it's own, and destroy them just the same. It is just a matter of time.

      --
      Try to hack my 31337 firewall!
    12. Re:sooner or later the industry will give in... by Chazmyrr · · Score: 1

      So far I've never run into a DVD where I couldn't go to the menu to skip any previews. The 30+ second menu intros start to get annoying though.

      If the studios make it too hard to get past the previews, it will hurt sales of DVDs. Force me to sit though 20 minutes of previews and commercials to watch a movie on DVD? No. I'd download a rip without previews instead of paying anything for it.

    13. Re:sooner or later the industry will give in... by Anonym0us+Cow+Herd · · Score: 1
      have a system set up so that if a disk fails, you can replace it for something like $5-$7. Basically, the cost of the media, processing and shiping.
      You mean I don't have to re-license the content!?!

      In other words, I basically pay the full price of a new DVD, minus the measly amount that would go to the artists.
      --
      The price of freedom is eternal litigation.
    14. Re:sooner or later the industry will give in... by Deagol · · Score: 2, Informative
      I'm also wondering how long it will be before the RIAA comes up with a new media distribution format (a sort of super-audio-CD) that does something for the customer (maybe raises the sampling rate from 44k to 48k), and also uses a CSS-style encryption.

      You mean like DVD-Audio? Last time I checked, it wasn't truly cracked. There's a software hack to use WinDVD to rip the audio, but those with alternative platforms are SOL until the copy protection is truly defeated.

      And this wasn't done quickly, either. According to the article I linked above, the WinDVD hack came out in 2005 -- years after DVD-Audio was released.

      The content cartel is getting better with each iteration of new media.

    15. Re:sooner or later the industry will give in... by Anonymous Coward · · Score: 0

      You are correct. The MPAA is terrified of Star Wreck: In the Pirkinning while the RIAA is terrified of my friends.

      Which is why both organizations act as if file sharers are terrorists. What they're REALLY afraid of is competetion. You don't need a record label to make a record, and you don't need a movie studio to make a movie.

      If I was in the established movie or music industries, I'd be scared shitless too.

    16. Re:sooner or later the industry will give in... by OctaviusIII · · Score: 1

      The way their business model works is a cross between firing off a shotgun and Social Security. They hire all these artists, most of which are obscure and awful, and subsidize their losses with the profits of the highly successful, and usually also awful, artists. The Britney Spears and Fallout Boys of the world pay for the Menudos. This only happens in the major record labels. If you get down to the indie labels, the label is concerned with their artists actually turning a profit, less of which is taken, although less of which is made, too.

      If you take away the cash cows by giving the Many access to their music free, then the majors' business model will fail, because suddenly nobody's making a profit. It's not that the record labels take most of the money out of greed, it's that they take most of the money to pay for their craptastic and obscure bands, only a few of which will actually break even.

      --
      What's this? Another weblog? On transit?
    17. Re:sooner or later the industry will give in... by Foehg · · Score: 1

      > Nothing really wrong with that as it is just a standard business practice.

      And that, my friends, is one of many things that are wrong with Western civilization today.

    18. Re:sooner or later the industry will give in... by Mr.+Flibble · · Score: 1

      > Nothing really wrong with that as it is just a standard business practice.

      And that, my friends, is one of many things that are wrong with Western civilization today.

      Perhaps. However, we don't really have a true free market economy here in North America. There are far too many laws that prevent the proper operation of a free market, and ironically, what is going on with P2P is a prime example of that market in action.

      How corporations work can be benificial if governments control the cases of market failure, and otherwise leave the systems the hell alone. But that, of course is not what happens.

      A great view on this is Milton Friedman's Free To Choose. You can either buy it, or again, get it via P2P networks.

      So, I don't value this as something "wrong" with Western Civilization, but rather, it can actually be benificial if left to a real free market. But then, that is just my opinion.

      --
      Try to hack my 31337 firewall!
    19. Re:sooner or later the industry will give in... by jaelle · · Score: 1

      I didn't buy any music at all for close to 20 years, because it cost too much to buy an album with only one good song on it. If they lock it down so I can't dl an album first, I will simply stop buying music again. I've spent more on music in the last 3 years than I did my entire life before.

      P2p is the reason. And I boycott the RIAA and MPAA now since they revealed their true colors.

      --
      You have the right to remain silent. Anything you say will be misquoted, then used against you.
    20. Re:sooner or later the industry will give in... by ejp1082 · · Score: 1

      There's quite a few DVD's like that these days. I don't recall offhand which movies start like that though.

      The real problem is you have no way of knowing which DVD's have this problem prior to buying/renting them and popping them in the DVD player.

    21. Re:sooner or later the industry will give in... by cpt+kangarooski · · Score: 1

      OTOH, hardly anyone buys DVDA. I don't even know anyone with a player for it. CDs remain the standard for buying recorded music in tangible form. The lack of success in completely cracking it might stem from a lack of interest and lack of popularity.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    22. Re:sooner or later the industry will give in... by Ironsides · · Score: 1
      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    23. Re:sooner or later the industry will give in... by Jah-Wren+Ryel · · Score: 1

      OTOH, hardly anyone buys DVDA. I don't even know anyone with a player for it.

      Most DVD players above the "el-cheapo wal-mart" grade sold over the last 4-5 years include support for DVD-A - except for Sony because they have their own format, SACD. So chances are you do know plenty of people with DVD-A players, you may even be one yourself. Just nobody cares because, as you mention, nobody actually buys DVD-A discs.

      --
      When information is power, privacy is freedom.
    24. Re:sooner or later the industry will give in... by cpt+kangarooski · · Score: 1

      Really? My DVD player is pretty old... it's one of the infamous Apex AD600A's. I guess I haven't noticed that DVDA support has become that common. Of course, I don't know how many people are willing to spend over a hundred dollars on a DVD player these days either. More, sure, but not too many more; even a $50 player has a good set of features now.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    25. Re:sooner or later the industry will give in... by Jah-Wren+Ryel · · Score: 1

      Most dvd players just use a set of standard chips, and the standard chips keep incorporating more and more functionality. So you get stuff like DVD-A (and mp3, and sometimes even divx, etc) for "free." Even some of the el-cheapo players have it too, just depends on what chipset they use.

      --
      When information is power, privacy is freedom.
    26. Re:sooner or later the industry will give in... by westlake · · Score: 1
      and then on Fedora because of the copy protection it won't play strait off (you need an update from livna).

      DVD players are $30 at Walmart. No one but a Geek gives a damn about Fedora.

      You want DRM'd media play out of the box from a PC you buy Windows, a Mac or Linspire. Where it is part of the OEM bundle or a Click and Run download.

      With Netfix and TiVO and the other all-you-can-eat buffet options, ownership is becoming less important and much harder to justify, given the transition to HD formats and media.

    27. Re:sooner or later the industry will give in... by Anonymous Coward · · Score: 0
      you have to jump through hoops like watching "you shouldn't copy this" etc. and then on Fedora because of the copy protection it won't play strait off (you need an update from livna). And the copy protection means that I can't use my RIGHT to hold a copy of the material I have bought... which meant that when I lost one of my Futurama DVDs all I could do legally is buy another... they don't deserve to have any customers.

      You knew all of that ahead of time. Which raises the question, why are you one of their customers? Why are you paying the industry to rip you off and violate your rights? And keep in mind, every time you rent or purchase a movie, you pay for a lobbyist to go to the capital and propose stronger copyright laws.

    28. Re:sooner or later the industry will give in... by Anonymous Coward · · Score: 0

      All the players coming out of China have support for XviD now, they cost about US$40 if you live in east Asia

    29. Re:sooner or later the industry will give in... by LunaticTippy · · Score: 1
      Here are Fox's rules:

      1. We can only offer a replacement copy for the Fox Home Entertainment DVD version that is currently available at retail stores.

      2. We cannot replace individual DVDs from box sets or Collector's Editions.

      3. Certain DVDs may not be eligible for replacement. This is because Twentieth Century Fox Home Entertainment may no longer produce that DVD or because certain theatrical rights are no longer under the purview of Twentieth Century Fox Home Entertainment. We will notify you via e-mail if the DVD you request for replacement is not eligible for this program.

      4. Twentieth Century Fox Home Entertainment reserves the right to amend these Program Requirements if future conditions warrant.

      Looks to me like you send your dvd to them, they have 6-8 weeks to tell you "tough luck." No thanks.

      --
      Man, you really need that seminar!
  3. that's right, we're escalating by Surt · · Score: 5, Funny

    No longer will copiers of electronic media be referred to as 'pirates'. They are now to be escalated to terrorists. That way, the MPAA & RIAA can get federal anti terrorism money to help in their fight against these evil people.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    1. Re:that's right, we're escalating by Anonymous Coward · · Score: 0

      Modded funny, but it's not. All you need is a media house to grab onto the term and suddenly it's real.

    2. Re:that's right, we're escalating by GPLDAN · · Score: 3, Informative

      I'm curious why you've been modded as funny, since what you said isn't funny - it's true. Media pirates are being profiled in police documentation as people who are likely to be involved in hacking, stolen credit card rings and other scams. In fact, there is a whitepaper floating around that talks about tracking the upper echelon of hacking rings through their achilles heel - their propensity for aggregating large collections of stolen media. If you think the guys in Sweden who run the Pirate Bay are only involved in running a BT tracker for file sharing, you're incredibly naive. Raid those guys and you'd likely to find lots of other ancillary illegal activity, and running a pirate ring is just the probable cause you need to get a waarant.

    3. Re:that's right, we're escalating by Surt · · Score: 2, Interesting

      Well, since the police have raided the pirate bay, I guess we'll find out just how much other illegal activity those guys have been up to.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    4. Re:that's right, we're escalating by Anonymous Coward · · Score: 1, Insightful
      Raid those guys and you'd likely to find lots of other ancillary illegal activity, and running a pirate ring is just the probable cause you need to get a waarant.


      Yeah, they're into evil stuff like hosting legal torrent tracking files (probable cause? I guess by your logic that the NSA has probable cause to investigate me because I post on slashdot and criticize the current administration's actions as of iate). They're into other nasty evil stuff like running banner ads (oh gosh, more probable cause!) and distributing free porn (OMG more probable cause), all legal in their home country. The problem there is corruption.

      If they are doing stuff which is illegal, let authorities find actual probable cause grounded in legalities and not engage in corrupt practices by giving in to our (the American) government when Bush granted the MPAA a favor and pushed Sweden's government into illegal activities, similar to what our government has been doing here since 2001/09/11. The political elite are just using the Muslim extremists as an excuse to grab more power and money for themselves, and to use it as an excuse to gravitate toward one single global government where there are no checks and balances, and where those who are in power will always remain in power.
    5. Re:that's right, we're escalating by suv4x4 · · Score: 2, Funny

      No longer will copiers of electronic media be referred to as 'pirates'. They are now to be escalated to terrorists. That way, the MPAA & RIAA can get federal anti terrorism money to help in their fight against these evil people.

      George W. Bush held a speech regarding the progress of negotiations with little Suzy, a 12-year old girl which continues it's malicious practise of enriching her hard drive with music downloaded from P2P.

      George W. Bush said "we really want to do this by peaceful means, but I'm afraid that we don't have a positive development soon, I might have to drop nucular shtuff over her house."

    6. Re:that's right, we're escalating by Blisshead · · Score: 1

      I would agree that it's funny, but it't too close to true. It's a matter of time before someone in the RIAA or MPAA jumps that particular fence.

  4. Hear the audio by wigwamus · · Score: 5, Informative

    You can hear extended audio of Glickman v Barlow on the Newsnight 9th June podcast, 20 minutes and 20 seconds in. Download from http://phobos.apple.com/WebObjects/MZStore.woa/wa/ viewPodcast?id=136697142

    1. Re:Hear the audio by D.+Book · · Score: 1

      Pity this iTunes-only link got modded up - made me overlook the fact that there is a direct MP3 download available in TFA...

  5. Comparing bits to concrete items? by haluness · · Score: 5, Insightful

    I think Glickmans comparison of music to clothes and cars is where his argument fails.

    Copying a song does not deprive anybody of the item - only the entity that controls how money is made from the transaction

    1. Re:Comparing bits to concrete items? by gfxguy · · Score: 3, Interesting

      Yes, I've always hated that argument... it's still ip theft, but it's not as bad as theft of physical media. Which is why I hate those PSAs in theaters now, the "You wouldn't shoplift a DVD..." ones.

      And I recall Princess Leia saying "the more you tighten your grip, the more systems will slip through your fingers."

      The gaming industry is a case in point. But they used to have both on and off disk copy protection schemes... the worse they got, the more people cracked them, because the cracked copies were easier and more fun to play without the game stopping to ask for word X in paragraph Y on page Z of the manual. Once they created the incentive to crack the game, they created the incentive to sell/distribute the cracked game.

      The first thing I did after legally buying games was look up the crack on the internet.

      These scemes are gone now, those are and will continue to be known as the dark ages of video gaming.

      Now there are much better schemes in place. A lot of companies will replace media for a nominal fee. And they may make the media difficult to copy, but that difficulty doesn't affect gameplay or interoperability - because you don't expect an XBox game disc to work on a PS2. Some gaming companies are going online, even if you don't play online (like Steam.. no lost discs, there). It's not perfect, but it's a whole lot better than it was.

      But the movie and recording industries are different... we're paying for content and we want to listen to it on whichever device catches our fancy. These are the dark ages of the **IA. They are making less money BECAUSE they insist on these copy protection schemes, not despite them. I wouldn't even buy a DVD player unless I knew it filtered macrovision and disabled region codes (yes, I had to pay extra for my last one, but it was worth it).

      How many people have been trapped buying Apple ACCs only to discover they couldn't play them on their MP3 player? Yes, I know there's work-arounds, but that's the point - they are making it difficult to use the content you've LEGALLY purchased! Do they not understand that's a DISincentive to buyers?

      Think of the irony... I bought a DVD player with region coding disabled and a macrovision filter (that works wonderfully, by the way). Now, I paid extra for this "functionality" that was present in the original unit until the manufacturer paid EXTRA (both in licensing and hardware fees) to remove that functionality!!! And who pays for those technical additions? WE DO! We pay, and are continuing to pay, for having functionality REMOVED from our products.

      Where's the incentive for someone to pay $20 for a crippled, macrovision encoded, region locked DVD, when they can buy the illegal version for half the price and use it anywhere?

      Of course there's morals involved... I don't have mp3s of anything I didn't pay for. I don't have any content on DVD that I didn't pay for, and it's against my nature to do so.

      But I will send this message to the **ia's, I'd have purchased a lot more if you didn't make it so difficult.

      I could rant about this for a long time, but I know I'm preaching to the choir. I've NEVER seen a valid reason for someone to buy an illegal copy of anything, or illegally copy someone elses material. But owning an illegal copy of something you own legally certainly shouldn't be a crime, IMO.

      In other words, I think the industry should concentrate on making it beneficial to buy legal copies of material, they should spend less time and money on schemes that make it difficult to use legally purchased material and lawyers. Some company might lose 50 million dollars (yes, I know they claim billions as an industry as a whole), but how much did they spend on lawyers and licensing technological prevention schemes?

      And who pays for all of this, ultimately?

      --
      Stupid sexy Flanders.
    2. Re:Comparing bits to concrete items? by purfledspruce · · Score: 2, Interesting
      Well, and the fact of the matter is, we can see these things for free--your local library probably loans out DVDs. Book stores never went out of business because of libraries. And, of course, even though people can record songs off of radios, there were still CDs sold.

      I used to pay to see movies in a movie theater, now I have my own "theater" at home. Once a film has been filmed, produced, and distributed, it costs the movie studio virtually nothing to distribute that film over the internet.

      I find it disturbing that TV shows cost more to buy from iTunes than if you wait and buy the DVD set at Best Buy, which had to be made, distributed to the Best Buy warehouse, then shipped to the store, then taken out of a box by hand, scanned, and put on a shelf...and then someone had to run the cash register, and of course the lights to the building had to be turned on, the rent had to be paid, etc. etc....when distributing a TV show by computer, only the servers, bandwidth, and Apple have to be paid for...why should it cost $44 for a 22 episode season by iTunes and cost $39.99 for the physical boxed set from Best Buy?

    3. Re:Comparing bits to concrete items? by Maximum+Prophet · · Score: 2, Interesting

      I've had real music really stolen from me. Thieves broke in and stole 1/3 of my CD collection. I didn't own the copyrights, but I did own the disks. (way before copying CD's was cost effective.)

      As far as I'm concerned, those disks are gone. Some were rare and out of print. I really would have much appriciated it if those thieves had just copied the disks and left me with the originals.

      Copyright infringment is *not* stealing.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    4. Re:Comparing bits to concrete items? by Larry+Lightbulb · · Score: 1

      With iTunes can buy an individual episode and get it pretty soon after it was first broadcast. With a boxed set you have to get every episode and have to wait months/years. You're paying extra for the convenience.

    5. Re:Comparing bits to concrete items? by Anonymous Coward · · Score: 0

      The real analogy to cars and clothes would be if the person at the dealership/store were allowed to try out the car/clothes before buying them. If they liked them, then they would make the purchse. And, what do you know, this is EXACTLY how the system works today, and it works well. Would you buy a car without test driving it? Would you buy clothes (and NOT return, as it wouldn't be allowed, since the CD is "opened") without trying them on?

      Sure, in the case of music downloads, we are all expected to be "on our honor" compared to the store/dealer where you can't leave with it anyway... but the point is, people are more trustable than not.

    6. Re:Comparing bits to concrete items? by ch-chuck · · Score: 1

      Same thing for money - printing more money, like $100 bills, takes just a few cents in paper, ink and press time. Why doesn't the US Mint just print enough money so we can all be billionaires?

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    7. Re:Comparing bits to concrete items? by Section_Ei8ht · · Score: 1

      Its true about the gaming industry's adaptation away from copy protection. Hell, look at what happened to StarForce. The copy protection got so out of hand that its (rumored to have) caused damage to hardware. What happened then? Fan boycott of any game that had starforce. Result: Ubisoft and several other major game publishers dropped the starforce contracts and released patches to remove the protection because they realized that they were losing money from over the top copy protection.

      Sure things like SecuRom and SafeDisk are still out there, but at least they dont destroy your hardware. You can have copy protection to protect IP, but take it too far and upset the consumer past that fine line (as the **AA is doing) and the consumer shows you just how upset they are. THATS natural law.

    8. Re:Comparing bits to concrete items? by Anonymous Coward · · Score: 0

      Money is unlike published information.

      Money's job is to be a medium of exchange for trading things that are naturally scarce -- like cars, houses, clothes, and time. For it to serve its role well, there must be a controlled relationship between the amount of money, and the amount of wealth, so that prices and wages can be somewhat stable.

      Another way of putting this: When someone makes a copy of the Constitution, the Bill of Rights, the Bible, and Shakespeare, they don't harm your ability to enjoy those works. When someone makes a boatload of counterfeit money, the value of all money goes down, and the money in your bank account (and everyone else's bank account) buys less. Counterfeiting may not lift a huge sum directly from the pocket of one individual, but it is still a form of removing (taking) value, as opposed to a form of copying (creating) it.

    9. Re:Comparing bits to concrete items? by LoyalOpposition · · Score: 1
      Same thing for money - printing more money, like $100 bills, takes just a few cents in paper, ink and press time. Why doesn't the US Mint just print enough money so we can all be billionaires?

      The answer to that's quite obvious and I'm suprised it didn't occur to you. From 1882 to 1933 US currency was a certificate verifying that you had deposited a certain amount of gold coin with the government, and that the government would exchange the certificate for the corresponding amount of gold coin on demand. Then, in 1933, the US passed a law whereby they no longer would return to you the gold they had promised, and, in fact, you had to sell all your monetary gold to the government at $35 an ounce. Basically, the government was stealing twice. First, they were stealing all the gold placed on deposit with them, and second they were stealing the gold you hadn't placed on deposit because by that time gold was selling for more than $35 an ounce on the open market. So, why doesn't the US mint just print enough money so we can all be billionaires? Because if they did, then we would be stealing all the gold they stole in 1933, and that wouldn't be fair.

      --Loyal

      --
      I aim to misbehave.
    10. Re:Comparing bits to concrete items? by purfledspruce · · Score: 1

      Then episodes that have boxed sets available should cost less...but that won't be the case!

    11. Re:Comparing bits to concrete items? by muuh-gnu · · Score: 1

      > You're paying extra for the convenience.

      Since bringing this convenience to the customer isn't much of additional work for the publisher, there is actually no added value to justify the higher price. So in the end the publisher gets paid more without delivering more.

    12. Re:Comparing bits to concrete items? by xero314 · · Score: 1
      Copying a song does not deprive anybody of the item
      I feel sorry for humanity every time I read a line like this. It always comes from someone that doesn't really have any understanding of how artists feed, cloth and house themselves. Just because technology has made replication of audio and video easy and cheap should be no excuse for depriving other human beings of a living. If those who support the copying of copyrighted materials have their way then art it self will soon be a thing of the past. To me this really sucks, because I enjoy music and other digital media art (such as video games). My only hope is that some day a cheap molecular replicator (yes a thing out of sci-fi at this time) is produced so that automobile, hardware and other physical media manufacturers start to be attacked the same way that the artist of today are being attacked.

      I guess I don't prescribe to the idea that just because you can copy something that you should copy it, and lucky neither do the law makers of this country which is why we have copyrights.
    13. Re:Comparing bits to concrete items? by ch-chuck · · Score: 1

      Similarly, the value of a dvd movie is more than just the cost of the media and printing - there's the cost of paying the actors, dressmakers, script writers, camera operators, producers, etc, etc, etc. All that is the gold backing up the value of the dvd. Using the argument that making a copy doesn't devalue anything is as bogus as saying that making a counterfeit $20 bill (backed by gold) does not rob anybody, or that governments running a printing press to pay their bills does not lead to inflation.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    14. Re:Comparing bits to concrete items? by flogic42 · · Score: 1

      Several points you have overlooked: 1. Many of the best works that were ever written, or composed, were written for love or for fun, not for profit, before any copyright protection existed. The more a thing is produced just to make a buck, the more likely it is to be crap. Most artists have day jobs. 2. People who like content borrowed from their friends digitally may buy it for themselves. This amounts to free advertising for the content. 3. Musicians can make more money from live performances than they make from selling CDs. 4. People who like content borrowed from their friends digitally may buy it for themselves. This amounts to free advertising for the content. 5. Whatever happened to the Street Performer Protocol? The musician gives his work away for free, and whoever so desires supports him. This system has supported many great writers and musicians.

      --
      Check out my women's designer clothing store.
    15. Re:Comparing bits to concrete items? by beren12 · · Score: 1
      How many people have been trapped buying Apple ACCs only to discover they couldn't play them on their MP3 player? Yes, I know there's work-arounds, but that's the point - they are making it difficult to use the content you've LEGALLY purchased! Do they not understand that's a DISincentive to buyers?

      Well, that's the paragraph that kills your post. That's like me discovering I can't play DVD-Audio discs in my cd player. If the player says it supports CDs, and not DVD-Audio, well, I bet it doesn't know wtf to do with the DVD-Audio disc. "But they are both audio discs!" you say. Yup... that's nice. Also, notice how the extension on the files you buy is .m4p? Guess what that stands for: Mpeg4 Protected. Normal AAC files end in .m4a, or Mpeg4 Audio. Do you think there might be a difference in the data of those file formats? Not many players other than the ipod support mpeg4 at all, let alone the encrypted mpeg4 files.

    16. Re:Comparing bits to concrete items? by Anonymous Coward · · Score: 0

      LOl you are really an idiot.

    17. Re:Comparing bits to concrete items? by Anonymous Coward · · Score: 0

      Look, a $20 bill is fundamentally different from a DVD. When you give someone a twenty, you expect to get some "enjoyment" back from it be it food, a movie, whatever. If I copy the bill, then I should get twice the "enjoyment".

      Now the enjoyment from watching a DVD is the movie itself. I can watch it 100 times. Say it costs me $10. Does this mean that the enjoyment I get each time is worth 10 cents? What if I watch it 10 times only? Oooh, I'd better pay more attention because its costing me 10 times more. I invite 20 friends over to watch a movie. The movie costs me the same (ok, I bought a real copy). The food costs 20 times as much as if I was by myself. The value you can get from watching a movie is infinite, whereas a $20 bill can only be spent once.

    18. Re:Comparing bits to concrete items? by xero314 · · Score: 1

      I like all your points, and I don't feel they are against what I am saying. One of the big thing that all copyright abolishment supporters forget is that it is possible for artistic works to be released to the public domain through licensing. If this form of licensing is benefitial to the artist then people will use it. If you look around you will seen that some artists have done so, mostly writers, but usually for select works and not every work the artist has produced.

      I have never said that a person should be forced to protect ther work through copyright, but that they should be allowed the choice to do so under the current system of economics. Most of these arguments are against the MPAA and the RIAA. I have never known an artist who had no choice but to work through or with members of these associations. I know artists that release independant works, they all still maintain their own copyrights, but they have chosen to do so individually. The RIAA and MPAA are not some fascist regime that controls all media in this or any country. Blame the artists if you don't like the way they use the system, but the system itself is not out to hurt anyone.

    19. Re:Comparing bits to concrete items? by gfxguy · · Score: 1

      I disagree... I knew exactly what mp3, acc, wma, and digital audio players, were a long time before I ever subscribed to iTMS or even bought an mp3 player. But this is not as clear cut to the average Joe who bought a fancy new mp3 player and them subscribed to the iTunes Music Store.

      I know I can just burn a CD to "free" the music, just like I knew how to crack the copy protection on games I purchased (and, in fact, would often decide NOT to buy a game before I could find the crack for it - just like I wouldn't buy an ACC without knowing how to "free" it). But that's us. That's the minority. People hear about downloading music, and to them it IS all the same.... or should be, anyway.

      In fact, a lot of people using iTunes, ITMS, and iPods are completely clueless that they're even locked into something. When that iPod's batteries finally fail, and they decide to just buy something else, that's when they discover the problem. And yes, I've seen it happen (well, to one person), and even a popular talk radio show host (who shall remain nameless) complained about subscribing to iTMS and buying content only to discover it wouldn't work with his mp3 player. This guy's not an idiot, he's just an idiot when it comes to technology - as are most people.

      --
      Stupid sexy Flanders.
    20. Re:Comparing bits to concrete items? by Anonymous Coward · · Score: 0

      When you give someone a twenty, you expect to get some "enjoyment" back from it

      What a fricking moron - when someone makes a movie THEY EXPECT TO BE PAID FOR IT

  6. Excuse me by Monkeys!!! · · Score: 5, Insightful

    As someone who recently was a 17 year old "electronic Hezbollah", I can say ideology had nothing to do with my choice to download and share movies. I did it, and still do, because it's easy and costs basically nothing. Sure I don't like the MPAA but I would still torrent if they didn't exist.

    1. Re:Excuse me by kfg · · Score: 2, Insightful

      If we did not have strong rights orginizations there would be no incentive for the media companies to finance the high quality entertainment programming you now enjoy stealing in the first place.

      Your Barney downloads would not even exist.

      Oh. . .wait. . .

      KFG

    2. Re:Excuse me by skiflyer · · Score: 0, Troll

      That's really what it comes down to. People can debate the morality and legality all they want... but if people keep wanting something for nothing, there's going to be no more something eventually.

      I'm more of the opinion that once the RIAA & MPAA come out with reasonably, affordable distribution schemes everyone can be happy... sure their industry may only generate multi-millionaires instead of billionaires, but I'm sure they can live with that. (And no, a buck a song for less than CD quality DRM'd music is not an affordable distrubtion scheme... go losless for 50 cents, and then maybe we're talking)

      Unfortunately people like the grandparent post make a reasonable and affordable distribution scheme hard to implement since they basically just come out and say, hey, if you make it available I'm going to steal it! Which results in all sorts of DRM which doesn't stop them anyway, and turns me off from buying your goods (especially if they're already compressed since my player may not handle your DRM and to decode/re-encode is both time consuming and quality degrading)

    3. Re:Excuse me by RSquaredW · · Score: 1

      "Say what you want about the principles of National Socialism, Dude, but at least it was an ethos."

      Seriously, it muddies the waters to call today's technophiliac-pirate who downloads movies and music analogous to a principled terrorist organization (not to say that I agree with their principles, but that they have them and stick to them). There are two problems: first, that justifiable laws against piracy are largely unenforceable, and second, that MPAA/RIAA-sanctioned safeguards cause grave harm to legitimate fair use rights.

      The only principled stand against the second problem is to not consume their product - don't buy it, don't download it, don't infringe on its copyright. To use the terrorist analogy, anyone who tries to claim that their piracy is principled is a Zarqawi, no freedom fighter but an opportunistic thug. It is thanks to the electronic Zarqawis of the world that I get tagged as an opportunist when I denounce DRM - "Oh, you just want to download music for free."

      --
      In accordance with E.O. 12958, this post is marked Unclassified.
    4. Re:Excuse me by Anonymous Coward · · Score: 0
      Let me be the first to wish you "happy birthday!"

    5. Re:Excuse me by kfg · · Score: 2, Informative

      People can debate the morality and legality all they want... but if people keep wanting something for nothing, there's going to be no more something eventually.

      I think you missed my point, entirely.

      KFG

    6. Re:Excuse me by mOdQuArK! · · Score: 1

      That's the nature of a free market. If the RIAA/MPAA's members were truly providing a service or good that you thought was worth the money, you would've bought it (or gone without :-). Since they weren't, you didn't - but you had to "not buy it" illegally.

      I have no idea why IP proponents think that "Intellectual Property" has anything to do with capitalism. It's basically a socialist experiment to "encourage innovation", but the implementation
      has gone horribly wrong.

    7. Re:Excuse me by mOdQuArK! · · Score: 1
      The only principled stand against the second problem is to not consume their product - don't buy it, don't download it, don't infringe on its copyright.

      The more effective "principled stand" is to work as hard as possible to throw out political representatives who prioritise the profit-margins of corporations over the property rights of individuals.

      It is, of course, possible that the political system is so completely broken that there is no legal way to achieve such an outcome, but it's worth a try & might give the political-elite a little wakeup call about where their "right to govern" is actually derived, since they seem to have forgotten.

    8. Re:Excuse me by oneiron · · Score: 5, Interesting
      As someone who recently was a 17 year old "electronic Hezbollah", I can say ideology had nothing to do with my choice to download and share movies. I did it, and still do, because it's easy and costs basically nothing. Sure I don't like the MPAA but I would still torrent if they didn't exist.
      Visit any piracy-centric message board, and you'll find countless arguements about the ideologies that justify sharing copyrighted content. You'll even find it here on slashdot most any time there's a story like this one. You may not be doing it for those reasons, but many others have convinced themselves that they are...and are quite vocal about it. Look at the collection of legal threats sometimes flaunted on the front page of piratebay, for crying out loud... It's just human nature that we tend to dig for excuses to justify our actions so we can avoid the feelings of guilt typically associated with them...
    9. Re:Excuse me by BalanceOfJudgement · · Score: 1

      I think you totally missed the grand parent poster's point.. he was saying, and I'll reply to this too:

      "but if people keep wanting something for nothing, there's going to be no more something eventually."

      he was saying that line of thinking is false - and it is. Van Gogh for example, created over 1000 paintings... and never sold a single one of them while he was alive. Artists who create because they love art, will do so even if they're not getting paid for it.

      That aside, I do think an artist who sees their work being copied and they never see even a handshake for it, will stop producing. But payment to them doesnt' have to be financial.

      "I'm more of the opinion that once the RIAA & MPAA come out with reasonably, affordable distribution schemes everyone can be happy"

      I think so too. But, good luck ever seeing them grow up and stop trying to stifle innovation and creativity. They're like a dying, lumbering dinosaur crushing everything in its path because it knows it's on the way and by god, if it can't have everything than nobody else can either!

      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    10. Re:Excuse me by NewWorldDan · · Score: 2, Interesting

      You state that you copy movies because it's easy and costs basically nothing; that ideology has nothing to do with it. I would dispute that ideology has nothing to do with it. It's clear that you don't respect copyright. I don't blame you for that, I don't respect copyright either. Copyright has changed from being a reward mechanism allowing people to earn a living as an artist (and benefitting society) to some sort of perpetual divine right. As such, we've got 2 full generations that have never seen a work pass into the public domain and they are in open revolt. The younger generations will only get more agressive until the balance swings back to neutral.

      Sharing. Funny choice of words there. Because you're not sharing, you're copying. Now, if you had a system set up where listening/watching a given copy of a song/movie precluded others from accesing that particular copy, that would be sharing. And in my opinion, that's where we ought to be headed. You buy a copy of a movie and you can share it with anyone you want, but only with one person at a time.

    11. Re:Excuse me by Anonymous Coward · · Score: 1, Insightful
      "It's just human nature that we tend to dig for excuses to justify our actions so we can avoid the feelings of guilt typically associated with them..."

      As it is to ascribe false motives to those with whom we disagree.

    12. Re:Excuse me by JordanL · · Score: 3, Interesting

      It's just human nature that we tend to dig for excuses to justify our actions so we can avoid the feelings of guilt typically associated with them...

      Just play devil's advocate here, but how is this different then riding at the front of the bus? Both are done endangering one self, both result in personal gain, both are done through ideologies of corrupt or broken systems, both are (were) equally illegal, and both have their martyrs and their advocates. Just as riding at the front of the bus "disserviced" the people who "rightfully owned" that location, downloading a song "disservices" the artist which "rightfully owns" all uses of that IP. Both situations masked the truth that it was the corrupt system that was screwing people over, not the people being disserviced, nor the people who were disservicing them.

      It's easy to point at someone who is stealing something and simply say "cry more n00b". Easy to tell them that they don't have a right to those ideals. But you are in fact wrong. They do have a right to those ideals, and to "fight" the perceived corruption through peaceable disobedience, whether or not that disobedience results in personal gain. They then also have the right to pay for their actions and be held responsible for a disruption of public law. It's the way it's worked for over 200 years in this country, and it's worked well at destroying corrupt systems and granting inherent rights.

      If there is indeed an inherent right to do what you want with things you own, then the "pirates" will win. It's the way our society is made right now, and they will do so no matter what names you call them or whether or not you think they are petty thugs committing crimes.

    13. Re:Excuse me by ajs · · Score: 3, Interesting
      And yet, the single most important argument has nothing to do with the "pirates" who "steal", "share" or whatever you want to call it.

      That argument is this: if there's so much of a sea change that an entire generation is willing to ignore the law in order to do someting, then there is a vast and untapped market to be won by someone who is able to puzzle out how.

      We said this for years while Sony introduce MiniDisc and various other crippled electronic devices. As MP3 players started to hedge toward the mainstream, Apple saw the opening and dove for it. Now they're more popular than beer.

      If the movie and record industries would get their collective heads out of their asses and think about this problem as a demonstration of a vast reservior of market potential, they could, I am sure, create a new golden age of entertainment profits.

      How?

      I'm not sure. There are literally dozens of ways, and I'm probably not in the right place to figure out which is best.
      • Serialized movies that are released, freely downloadable to the net, as soon as the next installment is released in theaters, with "collecteds" being released semi-anually on DVD along with various extras (modeled on the comics industry that long ago realized that kids sharing comics was helping, not hurting)
      • Movies that are created collaboratively, and then released under a free license. This plays off of the one major advantage left to them: control over distribution.
      • Movies that are first released in a low-res, WiP format to the Net, and then re-released in finished form to theaters ONLY if they do well online (movies guaranteed not to completely suck... what an idea)
      • Movies where ALL of the footage and all of the models for CG and all of the drawings, music, etc. are released for download via a peer-to-peer system such as torrent, and the best edit is released in theaters and on DVD
      In other words, make movies a service with real value-add. Use the marketing and distribution channels to full advantage while harnessing the file-sharers as viral marketing. MAKE LEMONADE!

      However, IMHO, this will never happen. Movies will continue to be made the way they are made now. It will take a new industry (one which has been growing steadily since the 1970s) to take advantage of this. I'm seeing the indie community on the east coast start to figure this out. The studios have tried to take over the indie film community, but every time they almost do, it changes and slips out of their hands. Eventually, someone's going to change the rules, and the studios will simple cease to be relevant.
    14. Re:Excuse me by mapkinase · · Score: 1

      Thank you for your honest, sir. Though you are young it is a sign of maturity to acknowledge what you have done, without hiding beside cheesy pretexts and excuses.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    15. Re:Excuse me by mapkinase · · Score: 1

      "Perpetual?" YOu would have a shread of truth in it, if the "17 year old punks" have been downloading "Battleship Potemkin".

      Give me a break. This is exactly one of the pathetic excuses copyright violators are coming up all the time.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    16. Re:Excuse me by Anonymous Coward · · Score: 0

      I downloaded the DRMed "Velvet Revolver" cd out of spite. It was coincidental I liked it. I don't need justification. I have no problem with what I do. If this is stealing I have no qualms with stealing. I don't like the **AA's tactics and resultingly do not like the **AAs. Unfortunately, despite their incessant whining, I don't believe that I'm hurting them. I would love to, but I'm not. I do it to send them a message: "These tactics will not work."

      I know plenty of shoplifters and they have no qualms stealing from big chain stores because big chain stores are known for being evil. Big business cuts to the bottom line until they draw blood. Their PR donations to charity for tax reasons are paper thin and they can see right through them. By earning the contempt of their consumers, the **AAs are creating the same problem for themselves. They're cutting off the heads of a hydra feuled by contempt, creating more contempt in the process.

      Shed tears for the crying crocodile if you want. It makes no difference to me. I'm no more attatched to downloading than I am to my TV I don't watch. You can say I justify and I'll tell you I don't believe in justice. You can say I'm a thief and I'll tell you I don't believe in property rights. You can say I'm an immoral asshole and I know I've done more community service, more for others, and more for charity than you ever will, and I don't have to tell or convince you of that to know I'm righteous. I may be wrong, but perception is everything, and as far as I'm concerned, I'm infallible. Convienient? Sure is. Jealous? Probably not. Everyone has exactly what they want, and you want that sack of bricks. Deep down you want that inconvienience to appease the guilt you don't even know you have. Personal martyrdom is addicting. I've tried it, I know. I eventually saw through my own crap and found something better.

    17. Re:Excuse me by Blakey+Rat · · Score: 1

      BS. Doing something to risk arrest under a bad law is actually useful, and brings attention to the issue. Sitting in your basement using a P2P program over an encrypted link without any chance to get arrested or, for that matter, publicized is just being greedy and wanting free movies. Do you really see no difference between the two situations?

    18. Re:Excuse me by muuh-gnu · · Score: 1

      Actually they dont need excuses for some totalitarian fuckers like you. They do it because sharing and copying stuff is natural for them.

      This is maybe a reason sharing and copying isnt limited to "17 yr old punks", as you would like them to be, to make them look more "suspect", or "guilty", but also to _all_ their peers, their parents, their gradnparents, their younger siblings (as soon as theyre old enough to use a computer). Everybody does it.

      That you seem upset obout humans engaging in a extremely human activity, which you would like to see artificially restricted to profit from the need created by this restriction, is understandable, but it doesnt make you less a dictating fucker. Forbiding the people to make copies of stuff, so you can make copies of stuff and then sell them, and cry foul if somebody dares to ignore the rules you set for your advantage and for their disadvantage, is as shameless as, for example, disallowing Eskimos to melt ice, and punish them if they do, so you can sell them water. As shameless, and, as you will find out soon, as futile...

    19. Re:Excuse me by shark72 · · Score: 1

      "Just play devil's advocate here, but how is this different then riding at the front of the bus? Both are done endangering one self, both result in personal gain, both are done through ideologies of corrupt or broken systems, both are (were) equally illegal, and both have their martyrs and their advocates. Just as riding at the front of the bus "disserviced" the people who "rightfully owned" that location, downloading a song "disservices" the artist which "rightfully owns" all uses of that IP. Both situations masked the truth that it was the corrupt system that was screwing people over, not the people being disserviced, nor the people who were disservicing them."

      Wow. Ocasionally when somebody goes off on the piracy-as-civil-disobedience tangent, I jokingly tell them that, yes, their actions are right up there with the Montgomery Freedom March. But now somebody has actually done it... compared P2Ping a movie to Rosa Parks' brave actions.

      If you believe that this is a valid comparison, find somebody who was involved in the Civil Rights movement. Depending on where you live, it might not be too hard. Show them your collection of torrented DVDs. Show them the music on your iPod and proudly point out that the musicians did not get one red cent from you. And then tell them that you believe that downloading that media was comparable -- even in the slightest way -- to the men and women who fought for racial equality in the 1960s. The men and women who faced lynch mobs. Who faced attacks by police armed with dogs and water hoses. Who had to cope with the utter humiliation of facing down an establishment that didn't even respect them as human beings.

      Take careful note of what they say. My guess is that you will hear the phrase "fucking spoiled brat" or its equivalent.

      --
      Sitting in my day care, the art is decopainted.
    20. Re:Excuse me by cpt+kangarooski · · Score: 1

      Well, that's merely an argument as to how long copyright terms should be. If you think terms should be very short, then that opens up all sorts of works. Personally, I think that terms should be no more than 25 years long, and only 5 in the case of software. If I had my way, it would be perfectly fine to copy and distribute anything from before 1981, and software from before 2001.

      And this is not an unreasonable position. If the purpose of copyright is to promote the public good, and this is in part done by encouraging authors to create with the possibility of making money from their works, then the fact that works on average make the vast majority of all the money they'll ever make within no more than 15 years (and certainly less for software, which 'ages' much more rapidly) would mean that longer terms don't particularly serve as an incentive, and are not needed. I'd err a little on the side of caution, but I'm open to rational discussions as to how long terms should be while still being as short as possible.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    21. Re:Excuse me by oneiron · · Score: 1

      Your arguement falls in line with the extremism associated with the "information wants to be free" movement. I think it's obvious that we're inching closer and closer to a time when artificial measures created to control information such as music, movies, and television will be completely invalidated. Some would say that, with the advent of the information age, that time has already arrived. Many of the 'pirates', 'hackers', and 'crackers' out there believe they are waging a war on behalf of the seemingly inevitible shift towards this freedom ideal.

      Me? I don't know. I think you've got a point, but of course, the human emotional impact of the current situation is a little less extreme than that of segregation. Unfortunately, I think it has the potential to explode into a much more volitile and painful situation. The more free information 'wants to be', the more draconion the artificial measures created to control it will have to be.

    22. Re:Excuse me by mapkinase · · Score: 1

      We have to make sure we are not mixing copyrights and patents. While I think that copyright should exist for whatever amount of time copyrighter thinks reasonable, as long as people are allowed to create similar things, it is ok. Patents are another issue. Software patents should not even exist.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    23. Re:Excuse me by cpt+kangarooski · · Score: 1

      While I think that copyright should exist for whatever amount of time copyrighter thinks reasonable, as long as people are allowed to create similar things, it is ok.

      Well, I completely disagree with that, in fact I condemn the idea.

      Literal copying is important and is praiseworthy.

      But mostly, let me remind you that copyright is only legitimate when it serves the public interest. Individual authors are the worst judges of the public interest I can imagine. Their interests are directly opposed to the interests of the public, since they're the ones trying to force the public to pay money to do things that they'd be free to do otherwise. You are letting the fox guard the henhouse, basically.

      We have to make sure we are not mixing copyrights and patents.

      There's no significant difference at the broadest levels of policy. They both exist to serve the public interest, and they both basically do so the same way, creating incentives by a trading away freedom. And they both have to balance the incentives created v. the freedom of the public so that the public not just better off in sum than they would be without copyrights or patents, but that they are the best off they can possibly be in sum.

      Software patents should not even exist.

      I agree, for the time being. But why do you think so? And do you think that similar reasoning could not be applied for copyrights?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    24. Re:Excuse me by mapkinase · · Score: 1

      Copyrights do hold progress. I do not even consider here "art". Consider software. What existing software cannot be rewritten without copying it
      ?

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    25. Re:Excuse me by mapkinase · · Score: 1

      I meant "do not hold progress".

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    26. Re:Excuse me by cpt+kangarooski · · Score: 1

      Copyrights do impede progress, but the idea is that we can increase progress by more than we diminish it. For example, part of the progress of science is preservation and dissemination. While arguably one could paint a painting that was as good as Guernica, it really would not be a substitute. Our knowledge is not only fostered quite well by making copies of Guernica and distributing them so that everyone has got one, but it also frees up artists from having to make works that try (and fail) to substitute for Guernica, so that they can make something else, if they prefer, also fostering knowledge.

      Even with software, a clone of Pac Man can be perfectly entertaining, but it lacks authenticity. It's perfectly good for people to make workalikes, but it's also nice for them to make original things instead, as well.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    27. Re:Excuse me by mapkinase · · Score: 1

      I do not see consistency in your reply, sir. First of all, I do not care about art (unless it is anonymous decoration by a talented Mexican garderner in my garden - then I just call it decoration, not art). Art has nothing to do with technological progress. And when I am talking about software I do not talk about Pac Man. Sheesh!

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    28. Re:Excuse me by cpt+kangarooski · · Score: 1

      Art has nothing to do with technological progress

      Assuming you mean 'art' in the common, modern sense, then sure. But so what? Copyrights are for general knowledge, and patents are for useful technology. The subject matter of copyright isn't meant to involve technological progress. Hell, many things are not copyrightable simply because they have a useful function!

      Also n.b. that the Constitution refers to the progress of science and the useful arts. That is actually an archaic usage. In the late 18th century, science meant general knowledge, and the useful arts meant useful technology. There are still some remnants of this, e.g. advanced technology being state of the art, or patents being anticipated by prior art (i.e. earlier examples of the same technology), or patents having to be understandable to people having ordinary skill in the art (i.e. people familiar with the general area of technology at issue).

      First of all, I do not care about art

      Meh. That's an uncommon opinion, and I'm not really interested in catering to it. Most people like art. Highbrow, lowbrow, music, movies, books, paintings, photos, whatever. Almost everyone likes something.

      And when I am talking about software I do not talk about Pac Man.

      Why? It's a perfectly good example. Pac Man the game-in-general is uncopyrightable, but could have been patented. Pac Man the specific-implementation-of-the-game is copyrightable. Another specific implementation that functions just the same, i.e. which embodies the game-in-general, but which doesn't copy from another specific implementation is also copyrightable.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    29. Re:Excuse me by mapkinase · · Score: 1

      Your reply is nothing but talk for the sake of the talk. End of discussion.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    30. Re:Excuse me by JordanL · · Score: 1

      Here's a cookie for taking it FAR too seriously. Like I said, just playing devil's advocate and providing a differing opinion. I think that there is a profound moral difference between laws which strip someone of equal status as a person, and laws which prevent someone from doing something with a product they've purchased, (or in this case often not purchased). Unfortunately, your knee jerked too hard for you to comprehend my point: that dismissing the whole idea of downloading as an ideological slap to a system which screws customers simply because that also fits an abstract concept of stealing is rather stupid.

      If there really is nothing which stealing an album will do to promote change, then I'm sure we'll have many people facing hard decisions soon about whether or not to pay their blackmailer or chance some jailtime. Me? I'm quite happy paying for what little music I listen to, and having all of my movie mailed to me.

      When a studio and label charge an inexorbinate amount of money for a product which they create an artificial need for by maliciously preventing alternatives from existing or thriving, and then pass next to none of that on to the people who actually created the art, I'd say there's definately room for change. But it will happen, if it's going to, without my help.

      How do you even know that I'm white? Or that I'm young? You can call me whatever you want. Fine, I'm a "fucking spoiled brat". At least I'm a "fucking spoiled brat" that understands the concept of "alternative points of view".

  7. Great analogy by Stiletto · · Score: 4, Insightful

    These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices.

    Dear EFF: It's probably not such a good idea to align yourself with terrorist groups. Remember:

    "But if you go carrying pictures of chairman Mao
    You ain't going to make it with anyone anyhow"

    1. Re:Great analogy by one-eye-johnson · · Score: 4, Funny
      "But if you go carrying pictures of chairman Mao You ain't going to make it with anyone anyhow"
      Ahem-- I doubt you paid the royalties to use those copyrighted lyrics. You terrorist.
    2. Re:Great analogy by Spamalope · · Score: 1

      Now the darknets will be the new 'sleeper cells', won't they?

    3. Re:Great analogy by Xyrus · · Score: 1

      Everytime someone pirates, a terrorist gets a suicide bomb vest.

      ~X~

      --
      ~X~
  8. Hezbollah? by remembertomorrow · · Score: 2, Funny

    I'm pretty sure that comparing teenagers to Lebanese 'terrorists' (http://en.wikipedia.org/wiki/Hezbollah) isn't going to help win the hearts of the unwashed masses.

    /tongue in cheek

    --
    Registered Linux user #421033
    1. Re:Hezbollah? by joe+155 · · Score: 1

      I agree with you partly... I think what they were trying to say is that these people are frustrated and feel like they are doing something as a matter of it being "right" in a moral sense... don't get me wrong I think that they could have used a far better example, maybe something like the stylised pirates of old... you know; people who aren't associated with murder
      (I know pirates did that - and still do - but the image now is closer to pirates of the carribean)

      --
      *''I can't believe it's not a hyperlink.''
  9. Thats it, i'm going home by cez · · Score: 2, Insightful
    "John Perry Barlow is the one who's doing a disservice to the consumers, because you see if you don't adequately compensate the artist, the director, the creator, the actor, they won't do it in the first place so people won't get movies."

    This kind of "play by my rules or I'm taking my ball and going home" attitude is disgusting. When will these suits realize that technology is change by its very essence and refusal to accept change breads discontent. There totalitarianistic utopia has ended but they refuse to seek out new means to an end. Do they realy believe a threat of "noones gonna make movies anymore if they can only become millionaires instead of multi-millionaires" is gonna work?

    --
    Walk with Music;
    1. Re:Thats it, i'm going home by kfg · · Score: 2, Insightful

      Do they realy believe a threat of "noones gonna make movies anymore if they can only become millionaires instead of multi-millionaires" is gonna work?

      The other night I paid three bucks to perform a song.

      I wrote the song for free because I had an itch to scratch (a very lovely itch, I might ad).

      The itch writes songs, records them and sells them as an independant. God bless CD Baby.

      The idea that art will curl up and die without without strong IP rights is ludicrous. Art was invented by people with no such rights.

      KFG

    2. Re:Thats it, i'm going home by Anonymous Coward · · Score: 0

      With the crap coming out of Hollywood I wish they would take their ball and go home.

    3. Re:Thats it, i'm going home by ClamIAm · · Score: 1

      I'd say this is more like "you're going to print my FUD or I won't give you an interview". Glickman is (semi-subtly) using a fundamentalist, black and white image of copyright, that to the untrained eye might look reasonable. The neat thing about his little trick is that anyone who disagrees with him is anti-copyright, anti-property (see the clothing example), and against compensating people for their work (musicians, etc).

      Unfortunately (for him), he's a fucking loon. The EFF has never advocated abolishing copyright or not compensating artists. They have, however, advocated exploring alternative models of compensation that might actually work in reality.

    4. Re:Thats it, i'm going home by cez · · Score: 1

      thats because you sir, are a true artist, not a money-eyed shmuck. bravo. hell I write poetry, most of which the world never sees but do so because I am inspired to do so...ludicrous is the perfect word for the thought that true artists will stop producing without IP rights. Hell, it would probably improve a vast majority of music out there.

      --
      Walk with Music;
    5. Re:Thats it, i'm going home by spyrochaete · · Score: 1

      I agree with your argument 100%. From Dan Glickman's argument:

      "The fact of the matter is that people who create content for movies and television have to make a profit.

      ...

      But he is right to the extent that we need to be finding new and different ways to get our content to people, whether it's internet or whether it's iPod or whether it's remotely accessed in various parts of the world. If [we] don't the consumer will not be satisfied and in this business the consumer is king and queen."


      So who is really the king and queen? The producers or the consumers? You can't please everybody. The harder they press down on the consumers, the more efficient and widespread piracy will get.

      People look to the entertainment industry for entertainment. The more people are reminded of the industry, the more desperate they will get for the entertainment.

    6. Re:Thats it, i'm going home by kfg · · Score: 2, Insightful

      Hell, it would probably improve a vast majority of music out there.

      Ya ever hear a major movie studio/music distributor announce at a press conference that:

      "Well, we couldn't find any decent material this year, so we aren't going to be releasing anything."

      No? Didn't think so.

      By their very nature they are required to push out a stream of something, even if they themselves know it's total dreck.

      1067 channels; 24/7; and nothin's on.

      KFG

    7. Re:Thats it, i'm going home by shark72 · · Score: 1

      "There totalitarianistic utopia has ended but they refuse to seek out new means to an end. Do they realy believe a threat of "noones gonna make movies anymore if they can only become millionaires instead of multi-millionaires" is gonna work?"

      I think the effect of piracy on the filmmaking industry is more subtle than potential multi-millionaires only becoming millionaires. They deal with the revenue loss in more ordinary ways, like shooting more projects in Canada, resulting in fewer jobs available for crews in the USA (most of whom are not even close to being millionaires). Or, spending less money on special effects, which means fewer jobs for people who work in the FX business (likewise, your typical worker in the FX business is not a millionaire). However, as it's unlikely that anybody reading this works in the film industry or knows somebody who does, I don't think this is an issue for most.

      --
      Sitting in my day care, the art is decopainted.
    8. Re:Thats it, i'm going home by antiMStroll · · Score: 1

      Conversely, the annual millions radio stations pay out in licensing fees for the privledge of giving artists free air time could go towards properly staffing studios. Same for restaraunts, taxi companies, and every establishment that pays a fee for a radio playing in the background.

    9. Re:Thats it, i'm going home by shark72 · · Score: 1

      "Conversely, the annual millions radio stations pay out in licensing fees for the privledge of giving artists free air time could go towards properly staffing studios. Same for restaraunts, taxi companies, and every establishment that pays a fee for a radio playing in the background."

      Interesting idea, but I'm not sure I follow. Those licensing fees go directly to the musicians. Licensing is managed by BMI and ASCAP, two performing right societies run by and for artists. The record companies see none of it.

      Do you think that musicians are getting a free ride here, and the money would be better used to pay employees of movie studios? I know that many recording artists are indeed rich and greedy, and perhaps don't "deserve" these royalties, but those ASCAP/BMI royalties are often money that smaller bands need to pay the rent. I can't get my head around how it would be more equitable to give these royalties to workers in the film industry. Can you connect the dots for me?

      --
      Sitting in my day care, the art is decopainted.
    10. Re:Thats it, i'm going home by stinerman · · Score: 1

      What people need to do is call him on his bullshit. Dare him to go home. I'm betting he won't.

      There are already plenty of movies to watch that have been already made. People will continue to make them as part of an artistic process; they may just not be multi-millionaires that produce/direct/act/etc. in them.

  10. I don't normally... by Fusione · · Score: 0, Flamebait

    Dan Glickman.. more like Dickman. =\ Am I the only one here that feels compelled to download and distribute some movies after reading that?

    1. Re:I don't normally... by J_Darnley · · Score: 0

      What's worse if that neither Zonk or the original poster noticed and then corrected the mistake.

  11. Electronic Freedom Foundation? by mrnobo1024 · · Score: 2, Informative

    You would think the BBC would get the names right. It's actually the Electronic Frontier Foundation.

    1. Re:Electronic Freedom Foundation? by wigwamus · · Score: 1

      oops sorry

    2. Re:Electronic Freedom Foundation? by xdotx · · Score: 1

      Well, they did ;). Poster got it wrong, hence the "oops."

      --
      Our wealth breeds emptiness
  12. Ar ye pirates.... by packetmon · · Score: 4, Interesting

    The hackers want to break Hollywood on the wheel of their collective ingenuity and show the suits who is in charge. ... Big media wants to make money from the internet like it does with every other outlet, or at the very least not have piracy forever draining away their profits.

    Isn't it ironic that hollywood is seeing some of their biggest profits in ages, and as time elapses they continue to make more and more money. I know that they do lose money due to piracy, but most of that piracy comes from organized groups with huge copying and distribution capabilities. For those in NYC, how often have you seen "bootleggers" in front if the federal building, state office buildings even near police precints selling pirated copies. Why doesn't hollywood focus on finding the sources of these centers and shutting them down. If the government under hollywoods complaints can go and bother 17 year olds, how difficult would it be for the same government to find out who is buying multirecording DVD burners on a large scale. Let's get real.

    1. Re:Ar ye pirates.... by Captain+Splendid · · Score: 1

      Exactly. This isn't a fight against piracy, this is just another battle in the very long fight big business has been waging to ensure permanent revenue streams, whether they release product or not.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:Ar ye pirates.... by Lumpy · · Score: 2, Insightful

      Why doesn't hollywood focus on finding the sources of these centers and shutting them down.

      Very simple. It's the same reason that the police harass ravers instead of the local hells angels rally.

      These people will shoot back and fight back.. Grandma and some college kid will roll over and say "ow dont hurt me! I'm sorry" these organized piracy rings will turn around and kill the cops that raid their shop, kill the families of the cops and then kill the Exec that sent the cops after them.

      Why take on a hard target when you can pick on the easy ones, the general american public.

      --
      Do not look at laser with remaining good eye.
    3. Re:Ar ye pirates.... by shark72 · · Score: 1

      "Isn't it ironic that hollywood is seeing some of their biggest profits in ages..."

      I wasn't aware that the film industry profitability is at an all-time high. Where did you read that?

      "For those in NYC, how often have you seen "bootleggers" in front if the federal building, state office buildings even near police precints selling pirated copies. Why doesn't hollywood focus on finding the sources of these centers and shutting them down."

      The ability to walk and chew gum at the same time may be more prevalent than believed. With all the "why don't they go after the real pirates" talk around here, it's surprising to see the results whenever an item makes it to Slashdot regarding shutting down Chinese pirates, or other large-scale pirating of physical media. There's the usual screaming of bloody murder; common reactions are that the Chinese DVD factory owners are just trying to make a living; pirated DVDs are simply part of the culture, the US government shouldn't be pressuring China, the guys were just helping poor people who can't afford to pay $20 for genuine DVDs, and so on.

      Here's a release that was just posted today (PDF, sorry):

      Anti-Piracy Officers Seize 283 Optical Disc Burners From Movie Pirate in Penang

      And here's a release from last month about shutting down a flea market in San Diego in which pirated DVDs were sold (again, PDF, sorry).

      When you wrote "Why doesn't hollywood focus on finding the sources of these centers and shutting them down" did you mean that you don't think the MPAA is doing enough here?

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Ar ye pirates.... by needacoolnickname · · Score: 1

      'Why doesn't hollywood focus on finding the sources of these centers and shutting them down.'

      Because they are the sources. It is the screeners they send copies to for award considerataion, thier kids and families who they give copies of the movies to, and friends who get special copies of the film that start the ball rolling on the copies and they know this.

    5. Re:Ar ye pirates.... by Tweekster · · Score: 1

      That is honestly laughable. This isnt colombia.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    6. Re:Ar ye pirates.... by spun · · Score: 1

      Because they aren't interested in fighting a losing battle against large scale pirates. They are fighting a battle against fair use and alternative media. Their ultimate goal is to charge you every time you watch or listen to any media anywhere in the world. Those pictures of your kid's birthday? Gonna have to be licensed through someone in order to prove they aren't pirated.

      I picture these fucktards in Snidely Whiplash outfits twirling their mustaches and shouting, "You must pay the rent!"

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:Ar ye pirates.... by Anonymous Coward · · Score: 0

      When you wrote "Why doesn't hollywood focus on finding the sources of these centers and shutting them down" did you mean that you don't think the MPAA is doing enough here?

      Since you can buy pirated movies and music on just about any streetcorner in the entire world, it certainly seems like they aren't trying very hard. The problem most likely is that the same guys who sell pirated movies are also the MPAA big-wigs' coke dealers.
      Don't want to cut off their supply.

    8. Re:Ar ye pirates.... by iminplaya · · Score: 1
      Why doesn't hollywood focus on finding the sources of these centers and shutting them down.

      Because the big timers only sell ??AA material. It's called maintaining mind share, and the street vendors are great at what they are doing in this respect. I'm sure they work under an unspoken contract with the industry. And, to repeat myself for the millionth time, the industry is not out to stop piracy per se. They are trying to stamp out independance... alternative creativity and distribution. That is the real threat. They simply want to remain the only game in town. This Glickman guy is so 19th century. He thinks he's running a railroad. He's the type that believes that we need a high level of poverty in order to get people to do the work. And besides, the ??AAs are the last ones on the planet that should talk about compensating the artists. They exist to protect their corporate members' interests. It's the Recording/movie Industry Association of America. The creators are nowhere to be seen in the acronym. They give their voice to the companies, not the writers. As they should because the group was formed by said companies. The creators "union" isn't nearly so powerful. And the consumers? Let them eat cake.
      --
      What?
    9. Re:Ar ye pirates.... by KlomDark · · Score: 2, Insightful

      Yah, it's the District of Columbia, dumbass...

    10. Re:Ar ye pirates.... by Anonymous Coward · · Score: 0

      funny little man, I dare you to go and shake up a chicago street vendor and see how you like the view inside a trunk of a car.

      you do not fuck with the Mob. and guess who is behind most of the high end piracy.

      Cripes most of you are incredibly uneducated about how the real world works.

      Hell I dare any cop to go and try and break up a biker rally. I dare a fucking swat team to do it.

      Cops to do not do things they know will get them killed or severely beaten. Hells Angel's = dead cops and the cops know it so they leave them alone as long as they do not get too far out of line.

      Kids raving, they love that because they can bash in a bunch of kids heads and know they wont get hurt or even in trouble for it. Most cops I know say they can kill kids at those raids and get away without even being questioned... they refre to them as "target practice time for the batons"

      this is america little boy, it not a pretty place to be. cops to what they like when there are easy targets (they break the law almost constantly on and off duty) and avoid the hard work where they have a high risk of getting killed.

      anyone saying otherwise is a major liar.

      I know, I lived in chicago and watched what happens on the south side. Lumpy sounds like he has seen something similar.

  13. Aging deadheads by Animats · · Score: 2
    These are aging industries run by aging men

    True. Two of the members of the '60s band "The Grateful Dead" are already dead.

    He's an old hippie, and he don't know what to do. Should he hang on to the old? Should he grab on to the new?

    1. Re:Aging deadheads by mcmonkey · · Score: 1
      Two of the members of the '60s band "The Grateful Dead" are already dead.

      Two members current at time of death (or 3. Had Pigpen left the group?) And 2 (3?) previous members. Either way, the total is 5, fyi.

    2. Re:Aging deadheads by dave-tx · · Score: 1

      True. Two of the members of the '60s band "The Grateful Dead" are already dead.

      Two? Hell, they've had four keyboard players die.

      --

      >> "What would the robut do? Frame someone!"

    3. Re:Aging deadheads by dave-tx · · Score: 1

      Had Pigpen left the group?

      I think he was still current, although too sick to tour.

      --

      >> "What would the robut do? Frame someone!"

    4. Re:Aging deadheads by Buran · · Score: 1

      Two? Hell, they've had four keyboard players die.

      But were they grateful to be dead?

  14. This is all about distribution by w33t · · Score: 5, Insightful

    The real thing the 'AAs have lost is the power of distribution.

    20 years ago if you wanted a movie you had to hop in the car. Even for home viewing of a VHS you had to go to the video store.

    The MPAA and RIAA need to face the fact that the internet is essentially a broadcast/time-shifted medium which casts to a broader audience than ever. And how do broadcaster's make their money? Advertising.

    This may or may not be a popular notion - but it is my opinion that the best way to support movies and music in the future is via product endorsement. Yes, that's right. You might see wayne's world-esqe product placement rise - but isn't everyday life just product placement anyhow? look around you and count the consumer items that have no labeling on them. Our movies and music should follow suit and become freely distributable.

    They cannot hold back the tide forever - I think it is inevitable.

    1. Re:This is all about distribution by skiflyer · · Score: 4, Insightful

      The alternative is convenience.

      Take a look at allofmp3.com... do people flock to it because of its questionable legality? No, they flock to it because they get the music the want easily, quickly, and in good quality with no DRM and lots of options. And people flock to iTunes for similar reasons.

      Yes, there are 17 year old pirates who want to steal for the sake of stealing, but once they get jobs & make some real money their time becomes valuable, and they buy your product IF you offer it for a fair price.

      I'd gladly spend $3 to download a one time rental movie that I can watch on my TV, or $.50 to buy a non-drmd losslessly compressed song (actually if it's lossless I'll even accept reasonable DRM... if it's already compressed, no way tho) if you can provide me the guarantee of quality & a convenient shopping experience & a promise that I'm not downloading some virus from whatever today's napster is... those features are a service that people will pay for, the problem is finding the price points people will accept. iTunes really seems to have done this, which dissapoints the piss outa me, cause it's way over what I think is fair.

    2. Re:This is all about distribution by radarsat1 · · Score: 1

      but isn't everyday life just product placement anyhow?

      great sentence. :) (but.. sigh... too true.)

    3. Re:This is all about distribution by w33t · · Score: 1

      I agree that music is even on iTunes still overpriced. It is my feeling that music should be offered for free by default. It costs me NOTHING to turn on the radio - only my time - and I can hear the music for absolute free there.

      What maybe would be a good idea is rather than pay for a song pay for a subscription service - you know, $.99 "subscription" to the song which would give you emailed updates on remixes - live versions and such that you could then subsequently download for free.

      I think that sounds like a nifty idea.

      But at it's core, music should be free ;) - artists should make money through commissions and performances.

    4. Re:This is all about distribution by skiflyer · · Score: 1

      But at it's core, music should be free ;) - artists should make money through commissions and performances.

      If they choose, fine... but why do you get to tell them how to make money in any way other than voting with your dollars?

    5. Re:This is all about distribution by quanticle · · Score: 1

      /*It costs me NOTHING to turn on the radio - only my time - and I can hear the music for absolute free there. */

      What about advertising? Do you suggest that, at the end of every song, there should be a 30-sec. ad spot.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    6. Re:This is all about distribution by DanQuixote · · Score: 2, Insightful


      Sorry but, this is a complete non-starter.

      I refuse to watch commercials, and product placement in your story WILL distract you. Do you want your latest Tom Clancy to include a plug for eyeglasses, there in the middle of chapter 17?

      I sure as hell can't accept product placement in "The Village", it just doesn't WORK! I watch movies to escape, not to check the irrelevant list-of-things-I-haven't-bought-yet.

      --
      "We think people rightly feel that once they buy something, it stays bought," --Suw Charman, Open Rights Grp
    7. Re:This is all about distribution by shark72 · · Score: 1

      "I agree that music is even on iTunes still overpriced. It is my feeling that music should be offered for free by default. It costs me NOTHING to turn on the radio - only my time - and I can hear the music for absolute free there."

      This raises an interesting questions. If the iTMS is really no better than the radio, and the value of iTMS music is zero, since it costs you zero to listen to the radio -- then why does the iTMS exist at all? Or, more importantly, why has it been a huge success? Isn't the radio good enough?

      A similar claim is "P2P is just like the radio!". This raises the similar question of why P2P exists in the first place... it must fulfill some desire that radio does not.

      Anyway, I'd like to hear D'Nell's "This Thing" right now, and in CD quality. In fact, once I've heard it, I just might want to listen to it again. Can my radio accomplish this for me?

      --
      Sitting in my day care, the art is decopainted.
  15. Video of the coming war by Caste11an · · Score: 2, Funny

    I suspect it'll look (and sound!) something like this.

  16. Aw geez. by mcmonkey · · Score: 4, Insightful
    No longer will copiers of electronic media be referred to as 'pirates'. They are now to be escalated to terrorists.
    For those that didn't RTFA, the comparison to terrorists didn't come from the MPAA guy.
    JPB: These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices. And I don't have a question about who's going to win that one eventually.

    I'm generally a Barlow fan, but that's some of the most poorestly chosen words in the history of language. Just what the MPAA, RIAA, et al. and their paid governement servants need, a little more help getting the little guy who just wants a backup copy of a movie sent to Gitmo.

    1. Re:Aw geez. by Otter · · Score: 1
      I'm generally a Barlow fan, but that's some of the most poorestly chosen words in the history of language.

      I don't think they're "poorestly chosen" at all -- Barlow views it as a flattering bit of analogy and it never occurred to him that anyone else wouldn't.

    2. Re:Aw geez. by mcmonkey · · Score: 4, Funny
      Barlow views it as a flattering bit of analogy and it never occurred to him that anyone else wouldn't.

      Then perhaps it is time for him to stop speaking publicly.

      It's as flattering an analogy as saying a DVD is like a child, and someone who wants to play that DVD on a computer running linux is like a pedophile who wants to have sex with that child.

    3. Re:Aw geez. by DarkHand · · Score: 1

      It's as flattering an analogy as saying a DVD is like a child, and someone who wants to play that DVD on a computer running linux is like a pedophile who wants to have sex with that child.

      You just gave the MPAA a new analogy to use.

    4. Re:Aw geez. by mcmonkey · · Score: 1
      You just gave the MPAA a new analogy to use.

      D'oh!

    5. Re:Aw geez. by deacon · · Score: 2, Insightful
      "Poorly chosen" would be an understatement. Is Barlow trying to say that piracy is as bad as wanting to kill all the Jews, or is he saying that piracy and Hezbolla are both driven by idealism: one want free movies, and the other wants to kill all the Jews, and neither is that bad?

      I am going to guess choice two, assuming the man has any working synapes left.

    6. Re:Aw geez. by czarangelus · · Score: 1, Informative

      Hizbollah began as a group of rebel Lebanese Muslims fighting against an Israeli invasion of Lebanon. But when we kill civilians, it's "justified collateral damage." When they kill civilians, it's "terrorism." What a bunch of BS.

      --
      When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.
    7. Re:Aw geez. by mcmonkey · · Score: 5, Interesting

      I wasn't trying to be funny.

      Currently in the US of A, being a terrorist means you have no rights. You can be a US citizen, arrested on US soil, for alleged acts committed in the US, and have none of the ordinary rights 'guaranteed' to someone in that situation.

      You can be put in civilian prison, or a military prison, or sent to Gitmo, or sent overseas. You have no rights. You don't get a lawyer; you don't get a phone call. You don't even get a trial. You can be held for YEARS without the government even admitting you are being held.

      You can be tortured. No interrogation technique is off limits.

      You won't get to question witnesses or review the evidence against you. If you do happen to get a trial or hearing, the government can submit 'classified' evidence you won't know about. And the judges will assume all government evidence is true until you can prove otherwise. (How do you prove something you don't even know about is untrue? Well, that's your problem.)

      And if that's how the US treats its own citizens--registered voters even!--think what we might do to the rest of the world.

      So, if you've ever downloaded a movie or CD in a situation of any questionable legality, or used any kind of hack or work-around to perform any sort of replication of a DVD or CD, attempted to play a DVD on linux, even if you think your actions were covered under fair use, Barlow just said all the above should apply to you.

      I'm not laughing.

    8. Re:Aw geez. by Moofie · · Score: 4, Insightful

      There is a difference between killing civilians inadvertantly in the course of fighting a battle, and targeting civilians because it is politically advantageous to do so.

      Both are bad. One is worse.

      --
      Why yes, I AM a rocket scientist!
    9. Re:Aw geez. by CRWeaks23 · · Score: 1

      I think you're taking his comment to the extreme. A statement like "the most poorestly chosen words in the history of language" cannot possibly be relevant unless GW is involved...

    10. Re:Aw geez. by mcmonkey · · Score: 1
      Is Barlow trying to say that piracy is as bad as wanting to kill all the Jews, or is he saying that piracy and Hezbolla are both driven by idealism: one want free movies, and the other wants to kill all the Jews, and neither is that bad?

      Hmmmm, Hollywood is run by Jews. He might be on to something there.

    11. Re:Aw geez. by Anonymous Coward · · Score: 1

      So, then, since they were trying to get Israel out of lebanon ,they stopped when Israel left. Oh, wait. No, not so much. And they've never tried to hide their military people in civilian camps, etc, right? Yeah...not buying it dude. I mean, I know that the US military fucks up every now and again. But just take a minute and imagine what we'd be doing if were actually *trying* to attack civilians. Put it in some perspective.

    12. Re:Aw geez. by jambarama · · Score: 1

      According to google define hezbollah is hez-boh-LAH Militant Islamic resistance movement; it does not recognize Israel's right to exist.

      Bury me if you want, but that seems to fit some of the younguns I meet nowadays. They see the MPAA/RIAA has gone so far overboard in enforcement they no longer think that ANY content industry should be albe to make money. The Hezbollah claim that Israel does not have ANY right to stay where they are. Both are radical, extremist and IMHO wrong.

      Israel should stay where it is, content industries should be albe to make money off their work. I think the claim is that nNeither should go to the lengths they have in enforcing their rights.

    13. Re:Aw geez. by LWATCDR · · Score: 1

      "but that's some of the most poorest chosen words in the history of language."
      Yes it is. Gee Hezbollah! Yes people that don't want DRM == suicide bombers.

      How about Gandhi instead of Hezbollah?
      Rosa Parks?

      You know people that broke immoral laws without killing people!

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    14. Re:Aw geez. by rumcho · · Score: 1

      >For those that didn't RTFA, the comparison to terrorists didn't come from the MPAA guy. >>JPB: These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices. And I don't have a question about who's going to win that one eventually. >I'm generally a Barlow fan, but that's some of the most poorestly chosen words in the history of language. Just what the MPAA, RIAA, et al. and their paid governement servants need, a little more help getting the little guy who just wants a backup copy of a movie sent to Gitmo. This was not a comparison. It was an epithet. Crack open a dictionary. I disagree with you on the "poorestly chosen words" statement. I must say Barlow, very well put! Stop being silly and trying to interpret what Barlow said. He said it very clearly and he said it the way it is.

    15. Re:Aw geez. by drew · · Score: 1

      It's not like this is a new comparison. A year or so ago, Jonathan Lamy, the RIAA's spokesman claimed that "Intellectual property theft is a national security crime."

      Still, I agre with you that it seems stupid for somebody who is arguing against them to give them such golden rhetoric.

      --
      If I don't put anything here, will anyone recognize me anymore?
    16. Re:Aw geez. by Anonymous Coward · · Score: 0

      Not what you MIGHT do to to people in other countries. What you HAVE been doing to people in other countries for decades. A lot of that through proxies, but still - the hand that orders is as guilty as the hand that does. It was just a matter of time before your leaders discovered they could do the same things to americans, too.

    17. Re:Aw geez. by Anonymous Coward · · Score: 0

      Oh, come on. They were taking on a military force in the "worlds top ten most powerful militaries" list. Fighting honorably would have left them honorably dead. Not saying the Hezbolla are nice guys in any way, shape or form, but fighting the Israelis in Lebanon was quite justified. Ask any members of the UN squads posted to Lebanon (several of which are my friends). Now, they are also raving fanatics with no regard for civilian life, and continuing to attack Israel is terrorism. But the behavior of the Israeli army in South Lebanon ALSO fits that label!

    18. Re:Aw geez. by Sponge+Bath · · Score: 1

      Nothing says you can't be *both* Hezbollah and a pirate.
      It's just more difficult to detonate a bomb vest with a hook.

    19. Re:Aw geez. by YomikoReadman · · Score: 1

      Wow. I really don't know where to begin. It's all so... wrong. Well, this seems like a good a place as any:

      Currently in the US of A, being a terrorist means you have no rights. You can be a US citizen, arrested on US soil, for alleged acts committed in the US, and have none of the ordinary rights 'guaranteed' to someone in that situation.

      You can be put in civilian prison, or a military prison, or sent to Gitmo, or sent overseas. You have no rights. You don't get a lawyer; you don't get a phone call. You don't even get a trial. You can be held for YEARS without the government even admitting you are being held.


      This is completely and totally baseless. Being accused of any crime, even of being a known terrorist, will NOT automatically land you at Guantanimo Bay. Individuals held there are foreign nationals who remained in this country illegally held as Prisoners of War due to known or suspected ties to foreign guerilla military cells, such as the Taliban or Al Qaida in Afghanistan, or Al Qaida in Iraq.

      You can be tortured. No interrogation technique is off limits.

      You won't get to question witnesses or review the evidence against you. If you do happen to get a trial or hearing, the government can submit 'classified' evidence you won't know about. And the judges will assume all government evidence is true until you can prove otherwise. (How do you prove something you don't even know about is untrue? Well, that's your problem.)

      And if that's how the US treats its own citizens--registered voters even!--think what we might do to the rest of the world.


      Yes, there have been more than a few incidents of soldiers/sailors/airmen/marines taking out their aggression on foreign nationals, and they are being punished for it. However, incidents such as those are NOT the norm, and are completely contradictory to the Rules of War, the Law of Armed Conflict, and the local Rules of Engagement. Furthermore, there are definitely limits on what you can and cannot do as a military interrogator(the Army still maintains that MOS). Being a terrorist(POW) actually grants you a great deal of protection from whatever you've imagined up, I assure you.

      So, all in all, that was a baseless, accusatory crock with absolutely no grounding in fact whatsoever. I don't know where, or how you managed to gain any of those impressions; only that they absolutely sicken me.

      Now, with all of that said, does that make Barlow's comparison of individuals who find ways to circumvent copy protection to preserve fair use to members of one of the most sought after terrorist organizations in the world any better? Certainly not; it's every bit as ridiculous as saying people who watch movies on linux are like pedophiles that rape children as pointed out by another poster.

      --
      I have no regrets, this is the only path.
      My whole life has been "UNLIMITED BLADE WORKS"
    20. Re:Aw geez. by Anonymous Coward · · Score: 0

      Which one? No.. I really am serious.

    21. Re:Aw geez. by ghyd · · Score: 1

      Hezbollah or Hezb-Allah (Arabic , meaning Party of God)[1] is a Lebanese militant group founded in 1982 to fight the Israeli occupation in southern Lebanon. (...) In addition to its military wing, Hezbollah maintains a civilian arm, which runs hospitals, news services, educational facilities and participates in the Lebanese Parliament. Its Reconstruction Campaign (Jihad al-Bina) is responsible for numerous economic and infrastructural development projects in Shia-populated areas of Lebanon. Hezbollah is regarded by many in the Arab and Muslim worlds as a legitimate resistance movement and is a recognized political party in Lebanon, where it has participated in government. However, a number of Western governments, including that of the United States, have designated it a terrorist organization, while the European Union has designated the party's external security wing, but not the organization as a whole, as a terrorist organization(*). http://en.wikipedia.org/wiki/Hezbollah But lets get back to our point, hezbollah and other kinds of pedophiles.

    22. Re:Aw geez. by mcmonkey · · Score: 1
      It's just more difficult to detonate a bomb vest with a hook.
      I'd give you my 'funny' mod points if I could.
  17. deaf ears by Scrameustache · · Score: 5, Insightful
    John Perry Barlow: We were at one point the biggest grossing performing act in the United States, and most of our records went platinum sooner or later.
    It's an economic model that has worked in my experience and I think it does work. It's just that it seems like it wouldn't. It seems counter-intuitive.

    Dan Glickman: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.


    "Look, this works. I have proof."
    "I refuse to believe it can work."

    If they can't listen to reason, we'll have to wait for them to die, it seems.
    --

    You can't take the sky from me...

    1. Re:deaf ears by Billosaur · · Score: 2, Funny

      "Look, this works. I have proof."
      "I refuse to believe it can work."

      Or put another way... "I'll see it when I believe it."

      If they can't listen to reason, we'll have to wait for them to die, it seems.

      Who said anything about waiting? Perhaps we can facilitate their demise, as it were. [NOTE to NSA -- that's a joke, son!]

      --
      GetOuttaMySpace - The Anti-Social Network
    2. Re:deaf ears by Scrameustache · · Score: 3, Insightful

      Or put another way... "I'll see it when I believe it."

      No, he's actually saying "I don't need to see it. I know it can't be true."

      --

      You can't take the sky from me...

    3. Re:deaf ears by Anonymous Coward · · Score: 0

      I love how people that have so much trouble accepting counter-intuitive facts wind up dying in the figurative or literal sense.

      Case in point: try turning the wheel on a motorcycle at 60mph in the direction you want it to go. You turn to the right to get off the road to the right, and the bike is gonna go left in to the car beside you. Meanwhile the guy who tried to explain gyroscopic precession to you is shaking his that you couldn't listen.

    4. Re:deaf ears by hackstraw · · Score: 1

      No, he's actually saying "I don't need to see it. I know it can't be true."

      Reminds me of that South Park episode where the MPAA goon slicks back his hair and says, "I am above the law!"

      These people are nameless sociopaths that simply don't have a real job, but they demand that they get paid well for it.

      Like the mob, extortion, racketeering, and loan sharking are pretty much their job.

      "I am above the law!"

      Fucking assholes.

    5. Re:deaf ears by Anonymous Coward · · Score: 0

      The point, I believe is that they don't want to have to work that hard. Who the hell wants to have to organize a tour all around the US just to make some money, when currently they can get money from just manufacturing a plastic pop act.

  18. The problem is lack of alternatives by Trails · · Score: 4, Insightful

    The reason why the movie industry is getting clobered, and the music industry got clobered: they didn't offer legal alternatives to the service.

    To say it's a battle between free and paid is oversimplifying: iPod + iTunes is wildly succesful. It's paid, but it leverages the ease of the internet to get legally downloaded music.

    If these industries had tried to embrace the new tech instead of surpressing it, most would go to them, and the black market would be a fringe issue.

    For movies, the choice right now is either online and illegal/unpaid, or offline and legal.

    A lot of people are choosing online, not illegal.

    Example: if they offered movies for download, or online streaming movies and paid subscription, and the price wasn't retarded, a LOT of people would ditch piratebay et al.

    My $0.02

    1. Re:The problem is lack of alternatives by Slightly+Askew · · Score: 1
      Example: if they offered movies for download, or online streaming movies and paid subscription, and the price wasn't retarded, a LOT of people would ditch piratebay et al.

      I disagree. Maybe at the inception of the concept of online movies, this would have worked. Now, while you may regain some market share from the "pirates", the cat is already out of the bag on this one. Keeping it there would have been easy by providing a legal, affordable alternative. Now that it's out, offering paid movie streams is not going to convince people to just stop going to piratebay.

      --
      Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
    2. Re:The problem is lack of alternatives by skiflyer · · Score: 1

      no idea how good it is, but isn't this what movielink.com is trying to achieve?

      BTW, I completely agree.

    3. Re:The problem is lack of alternatives by jandrese · · Score: 1

      It's hard to argue that MP3s weren't highly downloaded before ITMS opened up for the public, yet people went there in droves. I think given the chance for actually buying something at a reasonable price and downloading it illegally from China, most people would prefer to actually buy it. That's not to say everyone will (people still download MP3s), but it at least gives the people who want to be honest an option.

      That's one thing I really hate about DRM. It punishes honest people for the actions of the thieves who are bypassing the DRM anyway. I wish more companies would take a look at what happened in the ebook field. Almost every publisher lost tons of money on proprietary and expensive ebook schemes where you had to buy some $100+ crappy piece of hardware to read some $10 ebook that was locked to the reader and expired after some time. To their shock and amazement, nobody was buying. However, Jim Baen decided to treat his customers like people and released his books in just about every reasonable format (all DRM free!) for a good price. Turns out he's making money hand over fist with the service, despite the convention wisdom that said that without DRM nobody would buy the things.

      If you could somehow get the record companies to move past their paranoia and greed and open up something like iTunes without DRM and with an extremely extensive collection of music (at least as extensive as Amazon music for instance), I think you'd completely dominate the industry in no time and rake in money like crazy. Conventional wisdom says people would pirate like crazy off of such a service, but I bet your piracy numbers would hold pretty steady since the people who want to pirate will do it anyway and honest people would have a legal place to actually buy the music they want.

      --

      I read the internet for the articles.
    4. Re:The problem is lack of alternatives by 99BottlesOfBeerInMyF · · Score: 1

      Now that it's out, offering paid movie streams is not going to convince people to just stop going to piratebay.

      I disagree. iTunes was not rolled out until after half the internet was already downloading music for free. It makes a ton of money, even with a product that is artificially restricted to be less useful than regular media and at the same price. The same thing would work for movies and TV. Put them online for free, with DRM and 10 minutes of ads. You'll make a pile of cash. Put them online, without DRM and sell them for 75% of what you do in the store. You'll make a pile of cash.

      The problem is not just that the media companies are afraid of a new medium, it is that they are focused on how to make the new medium a way to suck even more money out of consumers, not the same amount and not even slightly more that would be saved by eliminating the cost of burning discs. They are too greedy and incompetent and as a result they are being bypassed.

    5. Re:The problem is lack of alternatives by needacoolnickname · · Score: 1

      --
      For movies, the choice right now is either online and illegal/unpaid, or offline and legal.

      A lot of people are choosing online, not illegal.

      Example: if they offered movies for download, or online streaming movies and paid subscription, and the price wasn't retarded, a LOT of people would ditch piratebay et al.
      --

      Do you not get Movies on Demand in your area?

      It's cheaper and easier than Blockbuster and if until there was the ability to download off the internet one was happy and never thought they were getting ripped off going to the video store why are they not using it now?

    6. Re:The problem is lack of alternatives by Anonymous Coward · · Score: 0

      Because the selection sucks, and choosing between "Stealth" and "The Sisterhood of the Travelling Pants" at $6 each makes me want to steal shit from the people who tried to set me up with ONLY that choice to being with.

  19. on the contrary by Anonymous Coward · · Score: 4, Funny
    It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature. Would a clothing store give all their clothes for free? Would a car dealership give all its cars for free? Of course not. If they don't make a profit in this world they're out of business. That's just the laws of human nature.


    I think Glickman makes a really good point here. I'll roll with the obligatory car analogy since everyones already familiar with the laws of 'human nature' as applied to cars. Suppose you left your Subaru parked outside your house on a public street.. Now suppose i had a replicator machine which could replicate any solid object and I came along in the night and replicated your Subaru and then got into the new Subaru and drove off into the night. The next day you might get into your car, and start driving along. But all the bonds between the atoms would have worked loose as a result of the replication, and also Heisenbergs Uncertainty Principle. Your car would just evaporate into a pile of chrome dust on the highway. You would be screwed.

    I know this analogy doesn't apply to digital media, but it might.
    1. Re:on the contrary by haluness · · Score: 3, Insightful

      I know this analogy doesn't apply to digital media, but it might.

      How? Why would copying a stream of bits degrade the original?

    2. Re:on the contrary by chicken_moo · · Score: 2, Informative

      Sure, if replicating my car would cause the original to be destroyed, that would be a problem, quite obviously; and if that were the case, you wouldn't have much of a replicator, since there's still only one copy of the car in working order. Anyone with at least 2 brain cells can see that. However, the situation you propose is completely unrelated to the question at hand, since copying a file on the computer does not degrade the original, and if done correctly, does not cause any degredation in the copy either.

    3. Re:on the contrary by Anonymous Coward · · Score: 5, Funny

      well I can tell you've obviously never used a vehicle replication device.

    4. Re:on the contrary by mcmonkey · · Score: 1
      I know this analogy doesn't apply to digital media, but it might.

      It should apply, but doesn't. And it's the _MPAA_ making sure it doesn't.

      Sure, you can say stealing a movie is steeling like stealing a car is steeling. But if I buy a car, it's mine. I can trick it out with phat rims and ground effects and fuzzy dice. It's mine. Does the MPAA agree I can re-edit a movie for person use when I buy a DVD?

      And I can resell a car. Whole or in parts. Until the MPAA agrees I should be able to resell the audio and video from a DVD separately like I can sell a car for parts, then such analogies are false.

    5. Re:on the contrary by Anonymous Coward · · Score: 0

      I think that is the worst analogy I have ever seen on Slashdot. Congratulations, Sir!

    6. Re:on the contrary by ElleyKitten · · Score: 1

      Huh? Why would the car, or a digital song, evaporate when copied?

      I guess there's DRM that could do that, but that's just a reason to be against DRM.

      If copying cars worked like copying (nonDRM) music, then I wouldn't give a damn if you copied my car. The problem with stealing is that the original owner can no longer enjoy what they owned; if you steal my car, I can't drive to work. Copyright infringement is obviously different from that, because if you copy all my music, I don't care because I can still enjoy it. Copyright infringement is bad in a different way; it means that an artist might became really popular yet not get any money for his/her hard work that everyone enjoys. However, that's not a given. iTunes has been a huge success, even though the music doesn't play on non-iPods and the same music is available nonDRMed for *free* at any pirate site. I think the **AAs (not that they care what I think) should just concentrate getting out good products at reasonable sites, instead of sueing their customers, and then I don't think piracy would be a problem for them.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    7. Re:on the contrary by Anonymous Coward · · Score: 0

      Anyone with at least 2 brain cells can see that it was a joke.

    8. Re:on the contrary by Beer+Moon · · Score: 1

      If you modify it slightly, it will apply to DRM as it exists today.

      You go buy a Subaru and park it in the street overnight. When you wake up in the morning, the car has disintegrated, and in order to drive to work the next day, you must purchase the car again.

      That is DRM in its current state, and once everyone figures out that the RIAA/MPAA sueing spree is really an attempt to enforce a new type of business model (rent-and-never-own), they'll lose popular support for their tactics pretty quick.

      Making mix-tapes used to get you chicks. Now it gets you jail time.

    9. Re:on the contrary by gnovos · · Score: 1

      Well, if you used that same matter replicator to replicate a physical DVD then there you go...

      --
      "Your superior intellect is no match for our puny weapons!"
    10. Re:on the contrary by RogerDahl · · Score: 1

      Copying a car wouldn't be any more legal than copying a DVD. It's just so hard to copy a car that no emphasis has to be put on that fact. All aspects of a car are patented or copyrighted. Everything from the look to the brand and many of the technical solutions used in the car. When you buy a car, you don't own much of that car, except the right to drive it and sell it. Just like when you buy a DVD, you just buy the right to play it and sell it.

    11. Re:on the contrary by Fulcrum+of+Evil · · Score: 1

      If copying cars worked like copying (nonDRM) music, then I wouldn't give a damn if you copied my car

      I'd care - when you went to register it, you'd have the same VIN, which would screw me up.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    12. Re:on the contrary by cpt+kangarooski · · Score: 1

      No, not all of it is copyrighted or patented. Probably rather little, in fact. And you're wrong about ownership of both cars and DVDs.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:on the contrary by RogerDahl · · Score: 1

      Enlighten me, please.

    14. Re:on the contrary by cpt+kangarooski · · Score: 1

      When you buy a brick, let's say, you own it. You can do anything you want with it. You're not allowed to break the law by using it (e.g. by hitting someone with it), but this doesn't diminish your ownership of the brick.

      Ditto for a car. If you own a car you can drive it, break it down for parts, alter the car, etc. But you still can't go over the speed limit on public roads.

      With a DVD, some of those laws are copyright laws. They say that for a term of years you can't make copies of the work on the DVD (except under certain conditions). Eventually though, those laws stop applying to the DVD, and you're no longer restricted by them. You don't suddenly gain more rights in the DVD. Rather, it's like the speed limit no longer applying. You're just more free to exercise the ownership you've always had.

      And note that whether a transaction by which you gain possession of a DVD is a sale or a license will depend on what happens in that transaction. If it is a similar transaction to an outright sale, then that's what it is. For it to be otherwise, there needs to be ideally an express agreement that it's not, plus material differences (since courts are likely to apply the duck test regardless of what the parties said at the time). The differences in the nature of the transaction are what mainly carry the day; for example if you had the DVD but had to return it after a period of time, or were required to be audited by the owner with regard to it, etc. then I'd imagine that the disc was still owned by the previous guy. (n.b. that there is a difference between the copyright, the copyrighted work, and the copy -- the first two are intangible, the first is owned by the copyright holder, the second is unownable and basically the same in every copy, and the third is tangible and sold to you and contains an instance of the work, but probably not the only one) Frankly, if DVDs were licensed, there would at a minimum have to be a really obvious attempt -- like full-bore EULAs, which are pages long. And even those haven't held up all the time for software.

      In sum, when you get a DVD at the Best Buy, you're just buying it. The law says whether or not you can copy it, just as it says whether or not you can slice someone's head off with it, OddJob style.But that has nothing to do with ownership.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    15. Re:on the contrary by .ishiki. · · Score: 1
      "It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature. Would a clothing store give all their clothes for free? Would a car dealership give all its cars for free? Of course not. If they don't make a profit in this world they're out of business. That's just the laws of human nature."

      One of my friends works as a buyer for a major clothing retailer and companies send him sample shoes, handbags, jackets, etc. for free to get him to purchase them for the store. True, it's not the retailer giving away the free stuff, but it probably has to happen somewhere down the line.

    16. Re:on the contrary by Anonymous Coward · · Score: 0

      wow +5 to a coward! go cowards! ok mod me down now

  20. Hezbollah?! by MikeRT · · Score: 3, Insightful

    Oh, great way to give propaganda to the enemy. Fucking dimwit. Why not just compare the Apache group to Al Qaeda because they're an umbrella group for "renegade" software developers like Al Qaeda is a terrorist umbrella group. In this day and age of terrorism being the new "think of the children!!!!" rallying cry for every attack on freedom, why choose the one comparison that gives a talking point to the forces who want to end freedom in their area?

    1. Re:Hezbollah?! by Captain+Splendid · · Score: 1
      Actually, I'm just waiting for that idea to gain a certain amount of currency, because it will not fly for the public, and will make futher asses of those expounding it:

      "Teenagers downloading movies are committing terrorism!"

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:Hezbollah?! by Tweekster · · Score: 1

      You may not have gotten the memo, but the only people still doing the "terrorism" angle are people that are mocking it. The whole concept died last year, please let it be buried properly.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    3. Re:Hezbollah?! by jandrese · · Score: 1

      Didn't the RIAA already have this ad? I recall a connection being made from organized crime (MP3s are all made by organized crime, did you know that? -- RIAA), and terrorist funding.

      It was hot on the heels of the "Marijuana funds terrorism!" anti-drug campaign.

      --

      I read the internet for the articles.
    4. Re:Hezbollah?! by Captain+Splendid · · Score: 1

      You're right, I remember seeing it a couple of Superbowls ago. Makes me laugh, because the other 99.99% of terrorism funding comes from pretty legit methods.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    5. Re:Hezbollah?! by turgid · · Score: 1

      Because, when "they" take the bait, they end up looking even more stupid and hysterical, thus weakening their cause further.

  21. Both sides have it wrong... by Churla · · Score: 5, Interesting

    The EFF is painting a picture of people who are pirating for teh sake of pirating becauase they feel it's the right thing to do. None of the people I know who actively copy movies and songs have every mentioned once screwing any institution. For them it's "I can watch this new movie at home, on my big screen TV, with my popcorn and drink and not fork over $25 for my wife and I to go to a theater and probably have a better experience" or "This let's me have tons of music I wouldn't go buy just so I can listen to it and see if I like it" and things like that. There's no magical army of "copyfighters" out there. Just people who want free media.

    The MPAA and RIAA and various other organizations have it wrong in thinking that they will out-litigate these people because simply put, these people know what they're doing is illegal and choose to do it anyway.

    I do agree with the concept that they need to make it possible for people to buy media in a conducive manner without an undo cost and they will make money. ITMS and several others are proving it's possible.

    The MPAA can go ask the software industry exactly how profitable "stamping our piracy" has been for em. Or they can ask them how much inexpensive downloads have helped good software spread.

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
    1. Re:Both sides have it wrong... by John+Courtland · · Score: 3, Interesting
      None of the people I know who actively copy movies and songs have every mentioned once screwing any institution.
      I do. If I like a song, I look up the artist on riaawatch.com. If I cannot find an album containing that song that is not produced by an RIAA member, I "obtain" it for no price, if I can find a non-RIAA album, I buy it right then and there.
      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    2. Re:Both sides have it wrong... by John+Courtland · · Score: 3, Informative

      Goddamnit, I meant http://www.magnetbox.com/riaa/ (RIAA Radar, not RIAA watch)

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    3. Re:Both sides have it wrong... by boarsai · · Score: 1

      You are right of course... except for the bit where a lot of us are starting to get CD's that refuse to play in our cars/stereos/whatever. DRM was the straw that broke my back. I don't think I want to purchase another cd again. I'll still purchase music but not of the retarded physical variety that might turn around and bite me in the arse because I wasn't able to read the 2pt font on the back.

    4. Re:Both sides have it wrong... by shark72 · · Score: 1

      "The EFF is painting a picture of people who are pirating for teh sake of pirating becauase they feel it's the right thing to do. None of the people I know who actively copy movies and songs have every mentioned once screwing any institution. For them it's "I can watch this new movie at home, on my big screen TV, with my popcorn and drink and not fork over $25 for my wife and I to go to a theater and probably have a better experience" or "This let's me have tons of music I wouldn't go buy just so I can listen to it and see if I like it" and things like that. There's no magical army of "copyfighters" out there. Just people who want free media."

      Agreed 100%. Everybody I know who's pirated has done it to save money. I have never once heard any of my friends utter something to the effect of "I'm sticking it to the man" or "I'm committing civil disobedience" or the like.

      I think that wrapping it in the clothes of a social revolution makes it more appealing for some people than simply stating that they want to save money. There's nothing wrong with being cheap. If people need to come up with ideologies in order to use the tools they have to save money, then they're thinking too hard.

      --
      Sitting in my day care, the art is decopainted.
    5. Re:Both sides have it wrong... by Anonymous Coward · · Score: 0
      It should be noted that both of your examples here involve product quality as an issue in regards to price/saving money. Movie tickets are going UP, and the quality is going down. Music is the same issue, I don't want to spend outrageous amounts of money for a CD that I don't even know if I'll like.

      Your arguments here aren't examples of people who "want free media"...they're arguments for ppl who don't like to feel ripped off when they pay for something they were dissatisfied with. There needs to be a new distribution model, one that actually sells something the consumer wants.

    6. Re:Both sides have it wrong... by Anonymous Coward · · Score: 0

      For them it's "I can watch this new movie at home, on my big screen TV, with my popcorn and drink and not fork over $25 for my wife and I to go to a theater and probably have a better experience"

      I think this statement reflects exactly what the problem is. People are pirating movies because it costs $25 for two people to see an over-hyped piece of crap movie in a theater with people on cell phones and children running around screaming. By pirating they are screwing the institution by saying they will not pay your exorbitant prices for a low quality film presented in a shitty atmosphere. That is why I do it. That is why all my friends do it.

      I'll pay to see a movie I'm really looking forward to in the theater, and if I like it I'll buy it on DVD. Conversely, if I know a movie is going to be utterly horrible, like AVP, then I'll just download the movie. I wasn't going to see it in the theater anyway, or buy it on DVD, so no one was in any way entitled to my money. I have, however, downloaded a movie that I thought would be absolute torture to watch and then ended up liking it so much that I purchased it. I even downloaded the entire Firefly series and liked it so much I went out and bought it, saw the movie in the theater, and bought it on DVD.

      You can come up with an annecdote about how everyone you know downloads movies simply because they're getting something for nothing and I'll tell you all about how everyone I know does it because the market is saturated with crap that we're all expected to foam at the mouth for. I would rather spend my money on an enjoyable experience rather than being . Either way, it doesn't really get us anywhere.

  22. My new band name! by mpathetiq · · Score: 1, Funny

    Electronic Hezbollah is my new band name. TM and (c) and all that.

    1. Re:My new band name! by Larry+Lightbulb · · Score: 1

      Judas - you were better as Accoustic Hezbollah.

  23. MORTAL KOMBAT! by EmperorKagato · · Score: 5, Insightful
    JPB: If I were to encounter Dan Glickman on the street and we were to have a civilised conversation about this subject, which would be a long shot, I'd tell him to relax.
    DK: First of all I'd tell John Perry Barlow that I'm very relaxed and if we met each other we'd probably have a very good time. But all of us kind of need to chill out.
    Someone PLEASE get these two in the same room to debate.

    You can tell Dan Glickman's age in his speech:

    DK: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.
    • Microsoft: SQL Server 2005, Visual Studio 2005
    • Washington Mutual: 2 dollars given out in $2 denominations(the $2 bill)
    • Gentleware: Poseidon(Community Edition)
    • Wal Mart / Sam's Club: Sampled foods from selected vendors
    • Arby's: Chicken Fingers(?)
    • Google
    It doesn't defy the law of nature, it's a useful technique called marketing!

    DK: Would a clothing store give all their clothes for free?
    Old man should see this

    DK: Would a car dealership give all its cars for free?
    In a contest they would.
    --
    ----- You know you have ego issues when you register a domain in your name.
    1. Re:MORTAL KOMBAT! by darkhadden · · Score: 0

      Oprah and GM gave away a sh*tload of free cars a while back. It was a very profitable advertisement! The free press alone was worth way more than the cars.

      --
      All the world's a stage, all the people but players.
    2. Re:MORTAL KOMBAT! by Phroggy · · Score: 1

      In a contest they would.

      Or that Oprah thing?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  24. Business will indeed win. by Anonymous Coward · · Score: 2, Insightful

    You are correct to state that a business will indeed win. It likely won't be Big Recording, however. It will be those who can capitalize on the new music market we have today. Some of those 17-year-olds will age to become the ones who are able to make money off of the new ways of distributing content. But soon enough, they'll be the old men, trumped by the young again.

    In a way, business is always the winner. It's often just not the same businesses.

  25. Sabers by Billosaur · · Score: 5, Funny

    Glickman: You are powerful, as the Emperor expected. But you are not a Jedi yet.

    Barlow: You'll find I'm full of surprises!

    Clash of lightsabers, sparks

    Glickman: You don't know the power of the DRM Side! Join me!

    Barlow: Never! I'll never join you!

    Glickman: It is pointless to resist!

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:Sabers by Umbral+Blot · · Score: 2, Funny

      Glickman: Obi Wan never told you what happened to your father.
      Barlow: He told me enough, he told me you killed him.
      Glickman: I am your father! Search your feelings, you know it to be true.
      Barlow: Nooooooooo! That doesn't even make sense in the context of this analogy.

  26. Real World Experience HAH! by Anonymous Coward · · Score: 1, Interesting

    The real world 17 year old idealists have more going for them in my opinion... business "experience" is simply trying to make more money and how they can trick people into giving them your money... idealists have brains like anyone else, even if they are 17.

  27. Interesting footnote by saifrc · · Score: 3, Interesting

    Did anyone else notice that the article references the Digg comments thread that's associated with this story? I find this extremely interesting -- almost a validation of Digg by BBC, a major media outlet; also, a major validation of the BBC, by a major user-driven web community.

    Of course, I found this story via Slashdot, so there's no reason for major media organizations to NOT be aware of/reference the methods of "Web 2.0" in their online articles.

    1. Re:Interesting footnote by saifrc · · Score: 1

      On closer inspection, it looks like the author himself submitted the story to Digg. Is this a bad thing or a good thing? On the one hand, it seems like the same brand of shameless self-promotion that accompanies the idea of submitting an article on one's own blog to Digg or Slashdot. On the other hand, it's a recognition -- almost a concession -- to the distributive power of websites like Digg and Slashdot over BBC's website.

      In the future, will all news on the Internet need to go to consumers from content providers via filters? If so, then the ones who control those filters will have a lot of influence on the attitudes of the public. Let's see where this goes.

    2. Re:Interesting footnote by Anonymous Coward · · Score: 1, Interesting

      What's more interesting is that the Digg story where the "debate" is happening (according to the article) is nowhere near the front page and has precisely ONE reply to it, whereas the Slashdot story is massive.

  28. Nasty Ad-Hominems != Debate by fuzzybunny · · Score: 2, Interesting

    Much as I support the EFF's efforts and goals, and sympathize with the gut-level worries of artists about "theft", this article does neither side any service.

    It's basically two guys taking nasty swipes at each other. I think that either BBC2 was actively and selectively trying to portray them like two implacable, mean-mouthed curmudgeons, or that JPB and the RIAA guy could both have been a bit more factual.

    One thing I really don't like is the characterization of "Electronic Hezbollah", although it's a catchy term; it's not like there's an organized, widespread movement to thieve and destroy. Rather, it's a combination of a groundswell sentiment against excessive prices and insulting, oppressive consumer-unfriendly practices, and a wish to have more convenient and accessible media (remind me again why iTunes was so successful) that doesn't hinder people from listening to their music / watching their movies anywhere or doing a bit of sharing with their friends.

    --
    Cole's Law: Thinly sliced cabbage
    1. Re:Nasty Ad-Hominems != Debate by Anonymous Coward · · Score: 0
      One thing I really don't like is the characterization of "Electronic Hezbollah", although it's a catchy term; it's not like there's an organized, widespread movement to thieve and destroy.

      There absolutely is. Join us, or die. Can you do any less?

    2. Re:Nasty Ad-Hominems != Debate by Dachannien · · Score: 1
      It's basically two guys taking nasty swipes at each other.

      Not only that, but it shows the ignorance of the participants relative to the topic at hand. The "electronic Hezbollah" that you and most other Slashdotters have noted is one good example, but another comes from Glickman:
      John Perry Barlow is the one who's doing a disservice to the consumers, because you see if you don't adequately compensate the artist, the director, the creator, the actor, they won't do it in the first place so people won't get movies.
      Compensating these folks has never been a problem. Out of the 347 movies that have grossed over $100M at the box office, 145 of them were released in or after the year 2000. In fact, if there is anyone in the movie industry who is being inadequately compensated, it's the small-time indie filmmakers who aren't being protected by the MPAA at all because they represent competition to the big movie studios.

      The EFF doesn't support mass piracy of copyrighted works, anyway. It supports the institution of fair use and the rights of the consumer, in the face of an industry that demands increasing levels of control in an effort to squeeze all the cash it can from its consumers, either directly or through advertising. The MPAA sees the Internet as a real threat, not simply to its bottom line from mysteriously-accounted lost sales, but to its enforcement of control over the industry.
  29. Age and treachery will overcome youth and skill by metoc · · Score: 0, Offtopic

    What? You want more?

  30. Respect your elders... by Joebert · · Score: 2, Funny

    ... soon enough, you'll be able to stick them in nursing homes & tell them they're not allowed to borrow the movies that the lady in the next room has.

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  31. Pirating is Selfish and Parasitic by Anonymous Coward · · Score: 0

    Simple argument, if EVERYONE pirated everything instead of purchasing would there still be new things to pirate?

    The intellectual underpinning of "pirate culture" is a sense of entitlement.

    If I'm wrong, please explain why.

    1. Re:Pirating is Selfish and Parasitic by Anonymous Coward · · Score: 1, Insightful

      I make music for the sake of making music.

    2. Re:Pirating is Selfish and Parasitic by Anonymous Coward · · Score: 0

      I make music for the sake of making music.

      And as soon as you do so it's mine to do with what I please? Even if you don't want me to? I thought I'd use it to promote nuclear proliferation and racism - thanks!

  32. There is a difference by everphilski · · Score: 2, Insightful

    The Grateful Dead encouraged sharing of fan recordings, etc. So you would tape a concert or a mix and share dubs of that tape. Which didn't sound that hot compared to a LP. Most people went out and bought the LP for 2 reasons: ( (1) more convenient (2) sounds better )

    Zoom ahead how many years? Now we have the internet and you can get the album quicker than running to the store (kill reason #1) and if you encode it right the quality is the same or at least undiscernable to the untrained ear (kill reason #2)

    Now I'm a firm believer that there is a middle ground but JPB is way off base saying they can just take "their" model nowadays. Times have changed, man!

    1. Re:There is a difference by Surt · · Score: 2, Insightful

      Step 1: Flood mp3 market with crappy quality tunes recorded at concerts, so that no one can find your good quality material on the internet.
      Step 2: Sell your cds in massive numbers to anyone who wants a better quality recording.
      Step 3: Profit!

      Wait ... I think step 2 was supposed to be ???, but this plan seems pretty clear cut to me.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  33. Perfect example of why I stopped giving to EFF by jmorris42 · · Score: 3, Interesting

    > they're up against 17-year-olds who have turned themselves into electronic Hezbollah

    To compare file traders to Hezbollah shows either a grotesque sense of proportion or a distorted sense of reality. Had it been the MPAA idiot making the comparision it would simply be the typical file traders == pirates == menace to society == torrorist rubbish we have grown to expect from those asshats. Dispicable but par for the course. But no, this quote was from the EFF, meaning they think the comparison is apt. Which either means they AGREE that trading files online is morally comparable to intentionally murdering women, children and other non-combatants or, more likely, they think terrorists, as long as they are politically correct anti-american/anti-semitic terrorists that is, are admirable people worthy of comparing oneself to.

    Yes, the original goals of the EFF were praiseworthy and I supported them. But 9/11 apparently did change everything. Lately the EFF seems to spend most of its time and effort supporting the terrorists and even when, like this event, they were back on topic they can't seem to avoid showing their true political calling. Harsh criticism? Yes. But there is a difference between criticism of the current administration, criticism of your country, and supporting the enemy, lending them aid and comfort. And for most of the left today, they are so far over that line they don't even see the line anymore. Anyone who can entertain the notion there is ANYTHING praiseworthy in Hezbollah is someone who is way over the line.

    --
    Democrat delenda est
    1. Re:Perfect example of why I stopped giving to EFF by Anonymous Coward · · Score: 0

      Perhaps he's showing how absurd the "typical file traders == pirates == menace to society == torrorist" link is by making such a ridiculous comparison.

    2. Re:Perfect example of why I stopped giving to EFF by croddy · · Score: 1
      I think what he's getting at -- which is a pretty apt comparison -- is that people who engage in piracy with the intention of "sticking it" to the industry are 1. a decentralized group, who are 2. highly polarized against their enemy, and 3. would be very difficult, if not impossible, to hunt down and stop.

      I don't think anyone is saying that Hezbollah are admirable. I think the point here is that there is a group who are not simply not going away, no matter how wrong you think they are or how many of them you try to take out.

      The tactics adopted by the U.S. vis-a-vis terrorist groups and those used by the MPAA are pretty similar. They seem to believe that it's possible to crush a movement simply by persuading enough people that it's wrong or pursuing people associated with it. Both of those tactics are woefully hilarious when compared to the actual results that they're intended to achieve.

    3. Re:Perfect example of why I stopped giving to EFF by Scrameustache · · Score: 1

      they AGREE that trading files online is morally comparable to intentionally murdering women, children and other non-combatants or, more likely, they think terrorists, as long as they are politically correct anti-american/anti-semitic terrorists that is, are admirable people worthy of comparing oneself to.

      Maybe he meant that they're a movement going from the underground to the mainstream, the way the hezbollah did?

      But 9/11 apparently did change everything. Lately the EFF seems to spend most of its time and effort supporting the terrorists

      Oh... Ok. Maybe I should leave you to your irrational rant then...

      --

      You can't take the sky from me...

  34. good idea by FudRucker · · Score: 0, Troll

    i declair a jihad against all draconian corporate greed, specially the MPAA & RIAA...

    --
    Politics is Treachery, Religion is Brainwashing
  35. "If You Got a Warrant, I Guess You Gotta Come In" by RobotRunAmok · · Score: 2, Insightful

    When the EFF selects as a spokesman the former lyricist for the Grateful Dead, you can just sort of expect the colorful, counter-culture (or is that counter-productive?) over-the-top stick-it-to-the-man metaphors and accusations to fly. The result is hardly what I would call "crossing sabres;" more like crossing Ohio State Daisys with National Guardsman sharpshooters.

    And that always works out well, doesn't it?

    But the folks to whom the EFF is pitching -- the college kids and twenty-somethings who are donating to them and actually paying for the EFF people to fly comfortably cross-country from SF to DC so frequently (I'll never figure that move to the West Coast out...), they'll probably think that "JPB RAWWKS, D00D!! KICK A$$!! FAWK, YEAH!!" and pony up some more dough for the EFF coffers, so in the end, it's probably a brilliant idea to keep tilting at those windmills with tie-dyed lances.

  36. They're both stupid by mentaldingo · · Score: 0

    Neither of them argued their points very clearly or sensibly. Comparing music to clothes is stupid, as is comparing file-sharers to terrorists! Just who's side was that EFF guy on?

    Offtopic: The bar that says

    The next Slashdot story will be ready soon, but subscribers can beat the rush and see it early!
    looks hideous. Black font on dark grey background? What's that about? (Other than that, the new design pwns.)
  37. TFA reads like an argument between a couple of ... by mmell · · Score: 1
    spoiled brats!

    Technology (as emobdied in the internet) will drive future business models - not ideology. There will be two types in the media industry - those who see it coming and work to "catch the wave", and those who resist it by trying to hold it back. Two guesses who'll be running the show in ten to twenty years.

  38. In Mexico, we have a word for obsolete groups. by Spy+der+Mann · · Score: 3, Funny

    In Mexico, we have a word for obsolete groups ruled by grumpy old men.

    "Dinosaurs".

    Allow me to explain.

    It's part of common culture, the oldest political party (PRI) is run by 60-year-old (or older) men who belong to established groups (freemasons) and unions (CTM) ruled by them, with union leaders imposed by the government in turn. Political cartoons in mexico often use this image to depict the PRI, which had been in power for more than 70 years, and their government model is more than obsolete. It's *extint*. Hence the name, "dinosaurs". Here's a pair of cartoons drawn in 2000, before the elections where the opposing party (PAN) won for the first time in history. Note that in the first cartoon the dinosaur represents the party, and in the second, the worker union which gives its support to the party, threatening the voters.

    Knowing this, the term "dinosaur" is more than adequate to describe the RIAA and MPAA.

    1. Re:In Mexico, we have a word for obsolete groups. by Anonymous Coward · · Score: 0

      News flash, Javier: we call old folks 'dinosaurs' in the rest of the world, too.

  39. Which was that? by Anonymous Coward · · Score: 2, Informative

    "The fact of the matter is that people who create content for movies and television have to make a profit. If they don't you won't see all this wonderful stuff and listen to it."

    By "wonderful stuff" does he mean the pathetic garbage that's been coming out of Hollywood in recent years? The whole movie theater profits have been falling for a while now, with people waiting untill DVD release to rent/watch the stuff. If Hollywood/music industry actually put out decent content they MIGHT, and that's a big might, have something to complain about. As it stands now, I don't go to the theater, and I rarely watch movies, because of the lack of good/innovative story. In the last 3 years I have aquired LOTR(Extended box set), Equilibrium, and Basic (which I only got because it was really cheap and someone recommended it). And I don't watch pirated content, so even if all piracy died now I still wouldn't be any more profitable to the industries.

  40. And this is exactly why. by Jerk+City+Troll · · Score: 5, Insightful

    People are powerless when they are convinced they are powerless.

    1. Re:And this is exactly why. by mapkinase · · Score: 1

      ... and when they are actually powerless.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    2. Re:And this is exactly why. by Jerk+City+Troll · · Score: 2, Insightful

      Individual persons may be powerless at times, but never people.

    3. Re:And this is exactly why. by alfs+boner · · Score: 1

      People are powerless when they are convinced they are powerless.

      --
      Listen p*ssy. I'm sure your the same homo that posted earlier about alf's boner and you just want to remain anonymous fo
    4. Re:And this is exactly why. by mapkinase · · Score: 1

      In the history of the humanity there were catastrophes that wiped out nations. Same can be said about nomad invasions: there were no CNN and story placement by the government at that time.

      Modern Western paradigm is worshipping "people", "a Human", whatever. This shall pass too. Only the Face of the Lord full of Majesty and Honor will remain forever.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  41. Work For Free by Piata · · Score: 2, Insightful

    I'm sure all of us have been willing to work for free at one time or another. If you believe in something and enjoy the work enough, it's not really "work". If all these movie makers were as passionate as they should be about creating what they sell, the dollar they earn from making it is secondary to creating something that they and others will enjoy for years to come. Glickman talks like a man that is only interested in profit and that's the problem entirely. No one in their right mind will whole heartedly buy anything from a company or group that is interested only in profit.

  42. Entertainment Industry Is Against Sharing by aldheorte · · Score: 2, Insightful

    I cringe whenever I hear file sharing termed as 'piracy' or, in this case, to the activities of a terrorist group ('Hezbollah'). Allowing this vocabulary to continue wins the argument for the entertainment industry on the power of semantics without any analysis of the facts.

    What the entertainment industry and ilk are against is sharing. It is only through their imposition of selfishness and self importance on the ability of others to share that they can make money. Unfortunately, this makes them net negative resources to society because in doing so, they compromise the free flow of information necessary to a technically and culturally advancing civilization. Imagine if they had been around when humans only had oral history as a way to pass information between people and generations. There would be no tape recorders, no CDs, and certainly no computers.

    Piracy is when someone actually takes something of value and realizes the value of it themselves. The Hong Kong outfits that take a movie, stamp it on a DVD, and then package and sell it as if were the original are pirates in this sense. It makes sense to have copyright laws preventing this type of activity. However, to use the parlance of the summary," 17 year old kids" are not "Hezbollah". They are not terrorists. They are not pirates. Pirates do not share. They are simply sharing information with each other (and us), which is a virtue we espouse to younger generations. The effort of the entertainment industry to criminalize their behavior is an affront to all of us who share thoughts, ideas, and anything else we choose to share without charge.

    1. Re:Entertainment Industry Is Against Sharing by shark72 · · Score: 1

      "Piracy is when someone actually takes something of value and realizes the value of it themselves."

      Interesting. When I type "dict piracy" into the Firefox browswer bar, the relevant definitions are:

      The unauthorized use or reproduction of copyrighted or patented material: software piracy.

      the unauthorized copying, distribution, or use of another's production (as a film) esp. in infringement of a copyright b : the unauthorized use, interception, or receipt of encoded communications (as satellite cable programming) esp. to avoid paying fees for use

      Many folks claim that these definitions of the word "piracy" are new; perhaps even invented by people who make their money off of ideas. This is not the case. The OED shows it going back some 300+ years; here's a quote from Justice William Story in 1841's Folsom v. Marsh:

      "It is certainly not necessary, to constitute an invasion of copyright, that the whole of a work should be copied, or even a large portion of it, in form or in substance. If so much is taken, that the value of the original is sensibly diminished, or the labors of the original author are substantially to an injurious extent appropriated by another, that is sufficient, in point of law, to constitute a piracy pro tanto."

      (pro tanto means "only to that extent.")

      It's great that you are pro-sharing; it's passion like yours that will change the world. But attempting to redefine the word "piracy" may not be your best bet if you're aiming for credibility.

      --
      Sitting in my day care, the art is decopainted.
  43. Re:There is a difference/ happy fans vs SPITE by Infoport · · Score: 5, Informative

    A few things that should be noted: the Grateful Dead do NOT give away ALL of their "product". But, giving away some of their products gives THEM much exposure and helps others see that what they have to offer shows skill and has variation each and every time. From this they are able to build greater customer base and support and from that sell more of their other products.

    For instance,

    1. you still usually have to pay to see a concert. RESULT: they were the top grossing band in 1990 with almost DOUBLE the 2nd place grosser (I'm sure they did ok in other years too)
    2. You are not allowed to copy and sell COMMERCIAL releases, but are allowed to copy and give away concert recordings. RESULT: happy fans police themselves and each other, and stop any illegal sales through community pressure and free concert tapes.
    3. They sell t-shirts, bears, stickers, coffee cups, license plates, etc, and protect their logos.
    4. they also speak up on issues and are listened to, etc because fans like how they act
    5. etc etc

    With unhappy people, they may copy and distribute product out of SPITE, but with happy loving fans they only do what allowed out of happiness with group, and help police themselves out of happiness too. THIS is what the Grateful Dead have achieved (now some may find a few fans distributing stuff they shouldn't but it is the small minority)

    To address the quality point, the Dead allow people to bring in equipment and mike stands, usually up to 6ft or 12ft. People spend thousands on equipment. Files are made using LOSSLESS formats (not mp3), and some copies are even distributed with 5.1 sound-- these are NOT low quality copies!!!



    InfoPort
  44. Re:"If You Got a Warrant, I Guess You Gotta Come I by Buran · · Score: 1

    When the EFF selects as a spokesman the former lyricist for the Grateful Dead

    Uhm. That "spokesman" is the co-founder of the EFF. I think he's qualified. But what got me was the guy saying that the business model of allowing copying wouldn't work -- right to the face of the guy who it worked well for! Talk about denial.

  45. Typical MPAA crap by taustin · · Score: 3, Insightful

    Dan Glickman: John Perry Barlow is the one who's doing a disservice to the consumers, because you see if you don't adequately compensate the artist, the director, the creator, the actor, they won't do it in the first place so people won't get movies.

    Patently untrue, as the renaissance of truly independant movies coming out today prove. It is based on the presumpition that money is the only motivation that moves people to create. That is hardly the case, and in generaly, artists who are motivated only by money make an inferior product.

    Living next door to Hollywood, I know a number of people in the industry, and all of them are motivated by various combinations of three things: money - yes, they do want to get paid to do it, so they can do it all the time, a desire for fame (which is far easier to meet online these days), and a need to create (which will never go way until the day they die). Mostly, they create because they don't know how to stop.

    What Hollywood needs to fear isn't pirates, who, from the evidence we've seen so far, actually increase industry revenues rather than decrease it. Rather, Hollywood should (and does) fear the interent as an independent (as in, beyond their corporate control, and outside their revenue stream) distribution channel. It is no longer necessary to sell your soul to a big studio for a distribution deal to deliver your movie to an audience. Between digital video (which Max Allen Collins called "the keys to the kingdom") and the internet, it is not possible to make a movie, and sell it commercially to people all over the world, and make a profit doing so for an investment smaller than the price of a new car.

    It is, I suppose, a happy coincidence for the movie industry that mandatory copy restrictions that depend on patents that require substantial cash outlay to use will just happen to continue to lock out indpendent industry outsiders from the market. I say "happy coincidence" because I see no reason to believe that the indstury tycoons are smart enough to have planned it that way on purpose.

  46. Automobiles vs. movies by martinultima · · Score: 3, Interesting

    I don't know about you, but I really don't think that the whole automobilse-vs.-movies argument really works very well – the difference being that while an automobile is a physical product, a movie is simply a bunch of pictures which are interpreted by the mind as a single moving image and that have no one, fixed, physical form. And while neither one is strictly necessary to live – there are much more important things like food, water, and shelter – the automobile is at least much more useful than a bunch of guys walking around on stage.

    Having said that, I will admit that I do see one connection, though – automobiles depend on oil, which is another fairly unpopular industry which many feel is run by greedy old guys who only care about money. Not that this is necessarily true, of course, just figured I may as well point it out anyway.

    Either way, though, as far as the "good" side of the argument goes – nothing there, unless I missed something (and yes, I did RTFA).

    --
    Creative misinterpretation is your friend.
  47. Free music by Anonymous Coward · · Score: 1, Insightful

    As a pastime musician I'm frequently using the "Copyleft" http://en.wikipedia.org/wiki/Copyleft license for distribution of my songs and CDs. I think it's a cheap way to get known and to hook more people to my shows.

    So here it goes:

    1. Free music
    2. More collaborations with others underground musicians
          2.b More contacts, friends and partys, B2B ideas sharing
    3. More free music
    4. No label to pay
    5. More people @ my shows
    ???
    == Profit!

    IN YOUR FACE RIAA

  48. Let's not.. by RightSaidFred99 · · Score: 1, Insightful

    Let's not turn these "17 year olds" into deep thinkers or idealogues. They simply want free stuff. That's what 90% of this is about, people want to download movies and music for free. The other 10% is legitimate "I want to do what I want with my music/movies", but it's disingenous to make this some kind of 100% noble battle.

  49. Beer is the real reason for pirating by Anonymous Coward · · Score: 0

    No beer in theaters is why I pirate, I mean honestly. Why would you go someplace hand over your hard earned money to eat crappy food and if you're lucky drink some crappy soda or god forbid Starbucks when I can go home, click a.b.movies.divx and in 35 minutes sit down with a cold beer and no sticky floors to a new release?

  50. Re:"If You Got a Warrant, I Guess You Gotta Come I by RobotRunAmok · · Score: 2, Insightful

    Sure, I know JPB's resume, EFF co-founder, the Well, all that. Gosh, I even had a subscription to Mondo 2000 and remember Wired when it was readable. But my point is, whether you're playing as if it's 1994, or 1969, you're still SOL in the 21st Century. The media companies just are not as clueless as the unwashed digerati like to believe they are.

    But for the EFF, it's about making money, and Good Theatre keeps the donations rolling in. They've become a kind of "Digital Rights PETA."

  51. Too expensive! by Peter+Simpson · · Score: 2, Insightful


    The music recording and movie industry are clinging to outdated business plans, distribution and cost models, because they have been seeing increasing profits as the costs of production and distribution drop.

    The technologists have seen the same thing, and ask: "why should I pay $17 for a CD when I can download the songs for $0.99 each off iTunes, or $0.11 each off AllofMP3.com?"

    The answer probably lies somewhere between the two. Distribute non-DRM'd music and videos at a reasonable price. After all, making a small amount of money is better than making none. AllofMP3.com succeeds by making the price reasonable. It probably won't be around much longer, but that means there's going to be a vacuum...and an oppportunity. Unfortunately, the recording industry is probably *not* agile or innovative enough to capitalize on that opportunity.

  52. It aint just the music... by hrrY · · Score: 2, Insightful

    For the bit of, er, *things* I have, umm *archived*(yeh, archived) I don't feel like I have stolen anything. These people have been robbing everyone including themselves and those that share their *ideals* for a loonnnngggg time. It's funny, nobody ever talks about the people within those industries that have short-changed other artists; and not just the big-name headliner, but the lighting man or sound man, the hairstylist or caterer. In fact I don't even THINK the entertainment industry can be profitable without robbing someone or a lot of someone's. I dare you to ask for a refund after a sucky flick, or after the album you just dropped $20+ on sucks. Although on that same hand, different side, I dare you work on a sound or lighting gig and come with some, "Where's my check?!", or "How come the last check bounced?!", or my favorite(the one I know the best)"Nah, sorry, the check didn't come in yet...". I promise you that you will find a reaction that feels nothing less than the kiss of death. The consumer get's screwed with over-hyped, bad content, sure; but the guys that have to feed families and work on a contract to contract basis are at the mercy of the content provider(s). The industry has created an illegal science of robbing those that help them the most. And the only thing that is/can be said is "That's show-business." (breathes from inhaler)

  53. Silly by Anonymous Coward · · Score: 0

    The MPAA guy makes a senseless analogy (cars no less). Last time I looked, cars could not be duplicated and distibuted at close to zero cost. He also talks about 'wonderful' things when actually the MPAA should pay me to sit through 90% of the crap their members produce. This level of debate belongs on Jerry Springer, not a flagship news show.

  54. Simple by soft_guy · · Score: 3, Insightful

    The computer industry has created a lot of jobs (not just Steve Jobs). The movie industry creates moral depravity.

    The movie industry claims we are forced to choose: either kill technology innovation or the movie industry won't survive. My proposed message to the movie industry: don't let the door hit you on the way out.

    I could care less if no more hollywood movies are ever made.

    --
    Avoid Missing Ball for High Score
  55. Re:Hear the audio -- direct download? by SlashdotOgre · · Score: 1

    Does anyone know of a direct download link for those of us Linux users who can't access iTunes?

    --
    Sadly, PS/2 was yet another victim of USB, which doesn't care what you plug into it, the electrical slut.
  56. actually copyrights promote terrorisim by argoff · · Score: 2, Interesting

    Terrorists can't gain military strategic advantage, so they attempt to gain advantage by exploiting media hype.

    The media has an incentive to hype things, because it gets paid by the "number of eyeballs" value rather than by the service value of the news.

    However the media would have no incentive to focus their resources toward grabbing eyeballs if competitors could copy their productions, because their effort would result in more up front costs without a competitive benefit.

    Therefore if copyrights were scrapped, the media would be forced to neutralize hype, maximize services, and greatly increase the costs that terrorists must pay to communicate their message.

    In sum, copyrights promote terrorisim.

  57. What a title. by rholliday · · Score: 1

    The MPAA and EFF Cross Sabers

    In other news Hezbollah doesn't like Israelis. :)

    --
    Xbox reviews.. We think they're funny.
    1. Re:What a title. by SanityInAnarchy · · Score: 1

      If you think that's bad, just look at the title for the actual article:

      Hollywood and the hackers

      Somehow I don't think the BBC meant good, happy, levitating, flute-playing GNU hackers.

      --
      Don't thank God, thank a doctor!
  58. sigh .... it's a metaphor ... by taniwha · · Score: 2, Insightful
    you may have heard of them - it's a literay device sometimes used to help people think outside their boxes ...

    In this case I think that point that's being made is that the 17yr olds are not playing by the 'rules' at leats not by the rules of big business because they're not engaged with the system - suppose instead we say "it's a bright new wild-west frontier and some stuffy victorian gentleman is saying 'hey old chap that's not cricket' - see another metaphor - but from times gone by - the 'Hezbollah' is an idea standing in for something else - it may push your buttins right now 20 years from now it will be just a word, but it also wont carry the idea of 'working outside the existing legal system' that it does now

  59. He, he... by hummassa · · Score: 1
    I agree that music is even on iTunes still overpriced. It is my feeling that music should be offered for free by default. It costs me NOTHING to turn on the radio - only my time - and I can hear the music for absolute free there.
    Don't forget: "only my time... and my sanity". Come on, radio absolutely sucks those days. In the 15-20 radio stations in my city, there are only two that are worth listening to the ads: the news-radios (CBN & Band News).
    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  60. The funny part is ... by zappepcs · · Score: 5, Insightful

    The funny part is (at least to me) that this is not about an industry so much as it is about the *AA and associates trying to maintain a fully disfunctional (in light of current and future technologies) business model.

    The real deal in all this mess is that content creators "REALLY DON'T NEED THE *AA ANYMORE" since for not much more than a data center contract, any record label, including independents, can set up their own music distribution system over the Internet. The entire need for a music and movie distribution organization (i.e., the *AAs) no longer exists.

    US Telephone users are finally going to get to stop paying for the Spanish American war, but when will recording artists get to stop paying for 'breakage of vynl disks' on their contracts?

    Its not about DRM, its about stolen wealth, and the *AA is currently stealing it, blatantly stealing it. They counter claim that because they were unable to steal it from content buyers, it was stolen from them.... I'm calling BS.

    Now, the price of content is high because of the *AAs of the world, but if content providers could get out of the draconian contract they signed, and start providing content over the Internet at reasonable costs to users for the 'PURCHASE' of said content, most users would happily just purchase the content as its not worth the effort to most people to be illegal or even figure out the ins and outs of stealing it. Additionally, any kind of licensing setup that allowed fair use (backup copies, multiple players, etc.) would be accepted easily if the price was low enough (see iFanboi rhetoric for an example).

    Its pure "pot and kettle black and white" when it comes to the *AA claiming downloaders and file sharers are stealing from them.

    1. Re:The funny part is ... by shark72 · · Score: 2, Interesting

      "The real deal in all this mess is that content creators "REALLY DON'T NEED THE *AA ANYMORE" since for not much more than a data center contract, any record label, including independents, can set up their own music distribution system over the Internet."

      Indeed. Magnatune is a great example. They've stated that their top artists can make hundreds of dollars a year. The catch is, of course, that to have your work published by Magnatune, you need to come up with the recording yourself -- unlike a typical recording contract, where the record company funds the recording, but they get the rights to the recording. And Magnatune is great for music fans, too -- you can pay as low as $5 for a CD if you like; you can share it, and it's free from DRM.

      So, Magnatune is great for musicians who have the means and ability to create their own recordings, and who are satisfied with making hundreds of dollars a year. And it's great for music fans who want to pay about half of what they would on iTunes, and who don't like DRM -- in other words, pretty much everybody reading this.

      Why Magnatunes is not hugely popular with either musicians or the general public is, as the math textbooks like to say, an exercise left to the reader.

      --
      Sitting in my day care, the art is decopainted.
  61. Focus In by jthill · · Score: 2, Insightful
    1. "Copying old material isn't theft."
    2. "Copyright extension is."
    3. "Thieves caterwauling about others' immorality have earned the children's scorn."
    4. Walk away.
    --
    As always, all IMO. Insert "I think" everywhere grammatically possible.
  62. Re:"If You Got a Warrant, I Guess You Gotta Come I by Eristone · · Score: 1

    The former Grateful Dead lyricist that the EFF is using isn't just a spokesperson, he's also a founding member. You know - one of the people looking far enough ahead to see that it was going to be an issue before it became an issue. As far as locations are concerned, they didn't move to the West Coast - they were founded on the West Coast - San Francisco being only a short drive away from the headquarters of Yahoo, Google, Intel, Sun, Apple, eBay, Cisco, HP, Seagate, Western Digital - those companies who's technologies are the reason that the EFF needs to exist?

    I had to've been trolled here.

  63. "Aging Men" by Kuvagh · · Score: 4, Insightful

    They're also very rich men. Perhaps they actually believe that every download is a lost sale because they can afford to buy every single piece of music which they like. Is it possible that they're totally out of touch with the idea that many of us had to budget our CD purchases? It's been said before, and I'll say it again: They need to start selling ten times as much music for one tenth of the price. Unfortunately, some people don't like to change.

  64. Dan Glickman is the PRESIDENT of the MPAA? by TristanGrimaux · · Score: 1
    Really? Well... no wonder why the movie industry is so late on the internet business.

    DK: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.
    This is good... but hey! Dan Glickman knows what is an iPod... or at least he has seen one... or... what?

    Laws of nature? Someone call Danny and tell him he's playing the bad guy in this movie. A kind of stupid/funny bad guy... I don't have his phone, that's why... thanks!

    ---
    Donde Ser Geek No Duele
  65. It is simple stupid by SmallFurryCreature · · Score: 1
    Napster was amazing in its day. You could get any music no matter how fucking obscure with very little hazzle. Well it would take a while but who cared when you could get music no longer available or just never released on your continent.

    When I was a kid my mother took me to a very small performance by a dutch artist called Peter Blanker. I don't know how she did it but she got from him a tape with his songs, the a-side his adult songs and the b-side his kid songs. That tape lasted me a long time BUT it eventually just gave away. Well I tried to replace it by buying CD's but no luck, the music just wasn't available.

    I couldn't replace it until napster came along. Now I got most of them back again. Napster also introduced me to some unknown stuff as you could select to view all the other songs the person you were downloading from. Hey if they like that song you like perhaps they got other stuff you might like.

    Movies are different. I used to spend a lot of time at the movies BUT when I moved to a different city I learned just how bad most movie theathers were. The one I grew up in used to just skip the commercials if their were only regulars and they didn't sell any food stuffs that made a noise. It was in wageningen in case any dutch people want to know. One in Ede used to do the same if you were the only group. I guess both places figured they made more money keeping a few kids happy then sticking to the rules.

    Anyway, things changed and now when you go to movies you get lenghty boring commerercials (thanks for banning smoking and drinking commercials at least they were fun to watch) super expensive food and actuall checks that you don't bring your own, people talking on cellphones or even just talking. I just stopped going. It ain't my idea of a funtime anymore.

    DVD's are a pain, being out long after the hype has reached you via the internet. Having those stupid piracy warnings wich you only see if you bought the product legally so this is like stopping people who don't speed to warn them about speeding. WTF?

    Oh and I can download weird movies that never make it to dutch shops.

    You ruin the product you are trying to sell me and the free alternative is better in all aspects. It would be like you had to buy a 100.000 Lada but could get a McClaren for free.

    Change your business. Make 1 theather sound free and anyone that makes a sound in it gets a laser in their eyes and make DVD's easily playable the way I want them. Oh and let the DVD's actually be cheaper then the VHS version. Talk about a ripoff. A pressed piece of plastic being more expensive then a mechincal device.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  66. Honestly by shorgs · · Score: 4, Insightful

    Look, to assume that artists are going to stop doing what they're doing because there isn't wealth in it is stupid. People who enjoy creating and sharing art will continue to do it so as long as it remains enjoyable for them and they can get enough money to fund their projects. And technology is making that easier not harder. So to say that music, movies, writing, story telling, dancing, painting, sculpting, and anything else that contributes to a culture is going to die because of piracy is silly. We have the history of civilization to prove it.

    What we observers know is that models and technology pass from existence, not art. Mr. Glickman represents a bureaucracy that currently dominates western movie production and distribution. He'd like us to think that he is doing something noble but his intentions are not. He isn't fighting to save art. He isn't even fighting to save the industry. He is fighting to save the model on which the industry is currently locked into.

    Every bureaucrat hates innovation. They hate new ways of doing things which are more productive. Innovation makes the old people and old ways look incompetent, and no one likes to look incompetent.

    I have no doubt that movies and movie makers will survive. Mr. Glickman might even survive, but not by trying to fit his old model over the new one. I'm sure he will land on his feet either way.

    I thought I would say it because I don't think that Mr. Barlow did an adequate job.

    1. Re:Honestly by Andrei+D · · Score: 1
      Every bureaucrat hates innovation. They hate new ways of doing things which are more productive. Innovation makes the old people and old ways look incompetent, and no one likes to look incompetent.
      I have no doubt that movies and movie makers will survive. Mr. Glickman might even survive, but not by trying to fit his old model over the new one. I'm sure he will land on his feet either way.
      Perhaps I'll end up in jail for this, but I must quote Bob Dylan:
      Admit that the waters
      Around you have grown
      And accept it that soon
      You'll be drenched to the bone.
      And you better start swimmin'
      Or you'll sink like a stone
      For the times they are a-changin'
      --
      We often refuse to accept an idea merely because the tone of voice in which it has been expressed is unsympathetic to us
  67. Happy Birthday... by msauve · · Score: 1

    just don't sing the song here. It's copyrighted, you know.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  68. Ob Monty Python by Anonymous Coward · · Score: 0
    I thought we were the Electronic Freedom Front!
    No, we're the Electronic Foundation for Frontiers!
    Splitters!

    Reference for the Python-imparied

  69. Re:"If You Got a Warrant, I Guess You Gotta Come I by John+Hurliman · · Score: 1
  70. Obligatory by Anonymous Coward · · Score: 0

    Glickman: I am your father!

    Wait, that came out weird...

  71. Re:"If You Got a Warrant, I Guess You Gotta Come I by RobotRunAmok · · Score: 2, Insightful

    As far as locations are concerned, they didn't move to the West Coast - they were founded on the West Coast - San Francisco being only a short drive away from the headquarters of Yahoo, Google, Intel, Sun, Apple, eBay, Cisco, HP, Seagate, Western Digital - those companies who's technologies are the reason that the EFF needs to exist?

    The EFF needs to exist because of the legislation being created in D.C. That's where all the serious lobbying outfits are based. But the EFF is not serious (it's a fact that none of the legislators take them seriously any more), so they *moved* from DC, to the West Coast, in the late '90s (Google it). It was regarded, by anyone with half a clue regarding how US government policy works, as their "Jump the Shark" moment.

    Now, the EFF is about fresh-faced interns who genuinely believe they are "doing good," cocktail parties with high-level luminaries from the companies you iterated so the rank-and-file legal beagles can network their way into corporate gigs, flying business class, and drumming up new crises every quarter or so to coincide with their fundraising drives.

    Hey, so it goes. It's how the world works...

  72. Time to drag out this old chestnut: by This+Old+Chestnut · · Score: 1

    "If you are not a liberal when you are 20 you have no heart, if you are not a conservative when you are 30 you have no brain."

    --Winston Churchill

  73. It happens all the time... by mengel · · Score: 1
    The car dealership here in town gave a car away just last week.

    When I go to the grocery store, folks are giving away free samples of food all the time.

    Movie companies show parts of their movies for free on TV all the time to get folks to come see them.

    So Glickman's point doesn't hold water for me at all. Media companies have been giving stuff away to sell stuff forever...

    --
    - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
  74. Also by heinousjay · · Score: 1

    Let us not forget: using our internet.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
    1. Re:Also by Anonymous Coward · · Score: 0

      Yes. Don't you feel taken advantage of?

    2. Re:Also by Tim+C · · Score: 1

      So Nicholas Cugnot owns my car?

      Cool, he can make the repayments on it then.

  75. The day the movies died by jsnipy · · Score: 1

    "..because you see if you don't adequately compensate the artist, the director, the creator, the actor, they won't do it in the first place so people won't get movies." There will always be movies.

    --
    -- if you mod me down, I will become more powerful than you can possibly imagine
  76. Skip the article, here's the real summary by autophile · · Score: 3, Funny
    EFF: You old bastards!
    MPAA: You young whippersnappers!
    EFF: STFU!
    MPAA: No, you STFU!
    EFF: No, you STFU!
    MPAA: No, you STFU!
    EFF: Last word! Psyyyyyyche!

    --Rob

    --
    Towards the Singularity.
  77. The Simple solution by japhering · · Score: 1

    Stop paying actors anything more than scale upfront. Give a $20M actor 0.5% of net revenue from ticket and media sales. Pay the writers more so that the movies have plots and character development, and thus might be worth watching.

    Challenge the creativity of everyone involved, put in an artificial spending limit... say @25M per hours worth of final product, based projected length of the original script. Tie future funding to revenue generated from the previous work.. shoot a movie
    for $25M in production costs that returns $250M in box office and media sales, then your budget for the next projects is $200M..

    Of course, this will never happen in my or my children's lifetimes

  78. Giving products away for free by TheNinjaroach · · Score: 1

    DK: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature. I see this happen all of the time in the technology world.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  79. what's that? by Anonymous Coward · · Score: 0

    A BBC/Digg circle jerk, linking to each others articles? :)

  80. Thieves by Anonymous Coward · · Score: 0

    The music industry is run by thieves. Making music is not a full time job, and is more a form of recreation and expression, than a full tiem occupation (at least for bands that are not horrific products of record company manufacture). Genuine artists can make plenty of money from concerts in addition to their regular employment. The music itself should be free. Also, the record industry has an outdated model of distribution, which, in an internet age makes record companies and their trade bodies unnecessary parasites that just suck money from both artists and consumers. They may still have the power and control of large advertisers, but their consistently inferior product, and their insultive, arrogant, greedy, and vicious attacks on customers will ultimately free us from the curse of their greed in the future. It is only a matter of time until music can be transferred from device to device directly, without scumbag RIAA pirates being able to leech from us.
    The only piracy I can see is the corporate piracy of the record industry. It is now over 5 years since I bought anything from the record industry, and probably at least 2 years since I actually heard any new music that actually was of satisfactory quality to merit acquisition. Just because I can't afford to buy myself a law, doesn't make me a real criminal. There is no democratic legitimacy in current copyright law. Is it any wonder that young voters feel disinfranchised in the countries that have been hijacked by fascistic corporate dictatorships that allow such laws to pass.

  81. Why the masking? by Lactoso · · Score: 1
    Excellent post, but I've a question. Is the asterisk in '*AA' to mask the 'RIAA' or is it serving as a wildcard to insert whatever *AA authority?

    Just curious as I've seen it done before and thought it might be to prevent RIAA Google hits, but thought we'd want just the opposite...

    Thanks,
    Ed T.

    1. Re:Why the masking? by zappepcs · · Score: 1

      For me, its just to catch RIAA, MPAA, and all the equivelent theives^H^H^H^H^H organizations around the world in one quick buzzword because it saves a lot of typing.

    2. Re:Why the masking? by Lactoso · · Score: 1

      Okay, that certainly makes sense. Thanks.

  82. MOD PARENT UP - INSIGHTFUL by Anonymous Coward · · Score: 0

    that is all

  83. Duh! by Anonymous Coward · · Score: 0

    People with real world business experience going up against young idealists. Guess what? Business always wins. Always has, always will.

    Yeah. For example (then) 40-odd year-old megacorp IBM sure finished off these young idealists back in the 80's. That's why you've never heard of them.

    1. Re:Duh! by Anonymous+Crowhead · · Score: 1

      Except I don't hear anyone saying, "Hey, let's start our own record label, produce better music and sell it for less." I hear (basically), "I could get it for free (both hassle and dollar wise) for a few years in the late 90s, now it's becoming harder because the record labels got wise and cracked down. My rights are being trampled!!!!!!!"

  84. Oversight on both sides by IcePop456 · · Score: 2, Insightful

    One thing that seems to be over looked in all of this is actual economics. MPAA says they need to pay the directors etc big bucks to work. Fine, do that. One problem, I don't want to pay that much for the final product. The MPAA is an organized monopoly. My company doesn't have that luxary. If it costs us too much to make a chip, our competitor will do it for less and we'll be out of business. It is that simple. Think Dell.

    I'm not saying copying movies is the best thing to do, but don't bitch to me that you have to pay your out-of-wack bills either. $5 is what I'll pay to see a movie. If $5 * #_of_tickets isn't enough money for your $200M movie, that is not my problem. Don't cry to me about ticket sales decreasing while ticket prices are increasing. Supply and demand is not balanced so fix your business model.

    If Nicole Kidman wants $20M per movie and that blows the budget, don't hire her. She'll adjust too after being unemployed like many Americans (or Australians).

  85. pirates are not the problem by weierstrass · · Score: 1

    The MPAA and RIAA don;t care about the large scale pirates, because these guys are indirectly supporting there business model. If you can get a pirate DVD for ~1/3 of the price in the shop, but the quality if often poor, the packaging is photocopied etc., it kind of reinforces the fact that you pay 3 times as much for the official copy. You see it like there are two different levels of quality being offered at two commensurate prices. In fact you mind less paying top dollar for a special film, or if it;s a gift, because you know that if you only want a crap copy you can get it cheap.

    On the other hand, once you start downloading/filesharing/ripping this stuff, a light goes on in your head, and you realise what everyone on /. already knows - the film is just the 0s and 1s, and there is a limitless supply of them. It may sound obvious but it's not. Lots of people really don't understand, and have never really thought about, what actually happens when they 'buy' and 'download' say, a ringtone onto their phone. The RIAA and MPAA are painfully aware that their business model bit the dust in about 1995, and that their real position is now as distribution companies. There is no such thing as a 'content' industry anymore. They're just trying to stop these important economic, political and philosophic truths about the new economy from filtering through to the wider public, at least until such time as they have completely locked down everyone's TV, music player and games machine with DRM, and they can carry on as if nothing had changed.

    --
    my password really is 'stinkypants'
  86. Both sides are being disingenuous by Hausenwulf · · Score: 1

    The EFF wants to see the pirates as some sort of radical movement trying to "stick it to the man." He's wrong. It's just a matter of money. The real pirates are packaging it and selling it all over Asia, and the kids are just watching something on a laptop they probably wouldn't see otherwise and deleting it when they're done.

    The MPAA wants to think they are the champion of the hard-working people in the industry (seen the ads about it at a movie lately?). Who really gets the money? The actors? (laugh) The director? (laugh) The writer? (more laughter) The bestboy or keygrip? (huge guffaw) I'm guessing it's the studio. By the same token, who greenlights those $200 million flops and why should we pay for the studios' mistakes? If the studios offered a value-priced, quality movie over the Internet, I think you wouldn't see much piracy, certainly not what you see now. As it stands, the movie industry is pricing themselves out of the market, and using piracy as a scapegoat for their own failure.

  87. Soylent Green by Il128 · · Score: 1

    There's a very subtle comment in the movie Soylent Green and I paraphrase, "Almost all the books are copyrighted and we shouldn't even have them in the library.". The movie also very subtly makes the point that no one watches TV or listens to the radio any more... Eventually in a corporate run world you being entertained by media of any kind will not be an option... Information can be transmitted with media. All information belongs to the corporation.

    --
    Thanks to eating disorders most chicks are reasonably good looking these days.
  88. Well... let's go the other way, then... by fitten · · Score: 1

    We hear plenty of talking about how we don't like RIAA and MPAA and the business model they have... how about offering useful suggestions, instead of just sitting on our asses and bitching?

    Obviously, a company (or band) giving the MP3s away for anyone to download isn't going to fly. At the very minimum, bands will need money to eat and pay their electric bills. So, what are some other ideas that would enable actors and musicians to make money while the music is allowed to be free (as in beer)?

    Some things to think about: there are a lot of post-production issues that musicians deal with when making an album. Similarly, actors making a movie will have lots of costs... effects, props, etc. Look at the credits in a CD cover or after a movie to see how many people are involved. Cut those people out of the process (to save money) and the quality of the film probably would drop (think the quality of a SciFi movie being like the old Dr. Who series as opposed to Star Wars or Firefly/Serenity type graphics. Donations given after release probably won't cover it, and it quality sucks even more, they won't get any donations. Regardless, we'd have to see artists drop these $10m/movie salaries and drop down to more like $10k/movie salaries, I'd imagine.

    So... instead of sitting back and just voicing what we don't like, maybe we can give some ideas on what we think would work.

  89. Re:Typical MPAA crap by Dunbal · · Score: 1

    What Hollywood needs to fear isn't pirates, who, from the evidence we've seen so far, actually increase industry revenues rather than decrease it.

          Not to mention the fact that we help stop global warming yarr! :)

    --
    Seven puppies were harmed during the making of this post.
  90. Barking up the wrong tree by east+coast · · Score: 1

    The real deal in all this mess is that content creators "REALLY DON'T NEED THE *AA ANYMORE" since for not much more than a data center contract, any record label, including independents, can set up their own music distribution system over the Internet. The entire need for a music and movie distribution organization (i.e., the *AAs) no longer exists.

    Hmmm.. That's odd, it seems that every shot you take at the "**AA" in this post is about the RIAA and not the MPAA. While there is a fine distribution system on the internet for music I still have yet to see ANYTHING that is not laughable when it comes to movies. If I want a movie in good quality and a reasonable amout of time I STILL have an easier time going to best buy and picking it up over ANY service on the internet.

    Maybe the MPAA is at end-of-life but PLEASE do not act like there is a viable system for movie distribution on the internet. That's a sad joke.

    And just to provide notice for the bashers: This is not to justify the MPAA, this is a simple matter of todays technology.

    --
    Dedicated Cthulhu Cultist since 4523 BC.
    1. Re:Barking up the wrong tree by zappepcs · · Score: 1

      Well, while you do have a valid point, I did mention future technology. Currently, there are several companies that are burning money trying to light up dark fiber or install new fiber to the home (FTH) and have created that wonderful new buzzword TLA to go with it. The idea is huge bandwidth to every home, and of course to have control of that bandwidth and subsequent content on it. None the less, now is the time to criticize the MPAA et al, rather than wait till all you can get through that 24GB of bandwidth is DRM hobbled reruns of last years television and movies from the 50's.

      While we are here, BT makes great use of the Internet as it exists, to distribute large files. The only thing wrong with current plans for big bandwidth systems of the near future is the idea that they must be protecting the content with DRM so that content creators don't get robbed. Let's face it, the MPAA is only interested in making sure that they hurt^H^H^H^H continue to control the motion picture industry in the same manner that the RIAA et al want to keep the recording industry under their thumbs.

      Fiber to the home will be a reality for many in the near future. Verizon is already doing it in some markets. The day when we can download what we have purchased online legally is not far away. The only (more or less) stumbling blocks are the DMCA, *AA, and the people who support such things. Lets also not forget that trying to protect the children is just another way to control what is done on the Internet. So, yes, now is the time to criticize the direction that things are going in. Now is the time to speak up and say what is reasonably expected from content providers, and now is the time to watch politicians to see who you should vote for in the future. Their records on DMCA and DRM related issues should make it easy to decide.

    2. Re:Barking up the wrong tree by east+coast · · Score: 1

      Well, while you do have a valid point, I did mention future technology.

      Future technology doesn't count for much today. Economies and peoples lives aren't based on future technologies.

      None the less, now is the time to criticize the MPAA et al, rather than wait till all you can get through that 24GB of bandwidth is DRM hobbled reruns of last years television and movies from the 50's.

      As long as the technology doesn't exist the idea of not having a viable internet movie distribution system is still a valid one. I've had DSL for 6 years now and I consider myself a late comer but there are still people who live 10 miles from my home who can't even get any form of broadband. This is in suburban Pittsburgh. Not a big location, granted, but certainly not the middle of nowhere either. Broadband proliferation is slow and no argument can be made that this will change in the next 20 years at the current rate.

      Let's face it, the MPAA is only interested in making sure that they hurt^H^H^H^H continue to control the motion picture industry in the same manner that the RIAA et al want to keep the recording industry under their thumbs.

      They're a business, they interested in making cash. How, pray tell, does letting ThePirateCove and eMule run rampant with your clients product possibly serve the good for the clients that they represent? I don't see how you think any of this is hurting the industry. DRM may be an inconvenience but I don't see a large portion of sales being effected by it. Sure, you may have hundreds of /. users complaining but as I seem to have to point out more and more they certainly aren't the mainstream not do they represent a good cross section of the mainstream in any way shape or form. Most people do not care about DRM and the vast majority are never effected by it.

      Fiber to the home will be a reality for many in the near future. Verizon is already doing it in some markets. The day when we can download what we have purchased online legally is not far away.

      Yeah, You keep thinking that. I've been watching the placement of FIOS and it's not spreading as fast as you make it seem. I don't expect to see FIOS in my area for two years (this comes from Verizon employees in the know, not an estimate I made up). What does this mean to the people who have been waiting the better section of a decade for DSL from Verizon's original roll out in my area and still can't get beyond 56k? While FIOS maybe coming down your street the fact is that the majority of people will not have this type of broadband in their homes for a long time to come.

      Lets also not forget that trying to protect the children is just another way to control what is done on the Internet.

      WTF are you talking about? What does this have to do with a viable movie distribution structure on the internet? Stop taking shots in the dark, it insults the readers intelligence.

      Their records on DMCA and DRM related issues should make it easy to decide.

      As was pointed out by the GP, there already is music distribution. The DMCA and DRM are part of this too. If there is a viable distribution method for music on the net the only thing that really should be an issue at this point for movies is the technology... a technology that you're far too optimistic about. It's not "right around the corner" for tons of users.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  91. dunno about that by BitterAndDrunk · · Score: 1
    Most dead heads I knew, and I knew plenty, didn't listen to any of the studio albums. Some of them didn't even own them. (they also spurned me for my love of Terrapin Station but they can go screw)

    They claimed the live shows was "where it's at" and this still holds true for bands in their genre.

    Disco Biscuits, String Cheese Incident, Umphree's McGee, moe, all these jam bands distribute their music for free via bittorrent. And we're talking studio-board stuff sometimes.

    I hate jam bands, myself (it's jazz music for white people) but they're doing just fine with this model.

    --
    You better watch out, there may be dogs about . . .
  92. Dear MPAA by Anonymous Coward · · Score: 0
    Dear MPAA,
    I know this is hard for you to understand. We the money paying public would like to go to a movie-
    If said movie was worth wile paying to sit in uncortable seats, rude people, stand in long lines, and more to the point- my local theater bothered to cary movies that worth the bloody long drive to go to in the first place. I realize it's hard for you to grasp this I go to the movies to be entertained not to have beaten my head how I by some pompus ass because you can't be bothered to make movies I want to see.
    I paid for and liked liked Lord of the Rings and The Matrix Princess Mononoke (That one of the leads has a damn sexy voice helps), I thought Good night,Good luck was fare. The way I see it is you're yelling- because some clever chaps have decided that the Market works both ways? and hopefully prove Social Darwin-That is:
      -I'll pay for your bloody movies when I bloody well want to, or I'll wait for them to come to video.
    -Former movie watcher.



  93. WTF!!! Dan Glickman contradicts himself big time.. by HavokDevNull · · Score: 1


    John Perry Barlow said it best...

      "These are aging industries run by aging men,...."

    Dan just does not get it, he can't comprehend that information/content can be free and still make money. Or his greedy ass does understand but wants to get the profit margin up for the shareholders.

    From the TFA

      Dan G. "So, yeah, we should be protecting our copyright but it doesn't mean that we shouldn't be looking for new ways to get that content to people in modern ways -"

    then further down he says

      "It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature."

    and here is the kicker...

      "But he is right to the extent that we need to be finding new and different ways to get our content to people,"

    God this guy sounds like SCOG lawyers for Pete's sake!!!! Which is Dan, make up your damn melon and quit suing your consumers moron!!!!

    --
    Sig
  94. And, in other news. by expro · · Score: 2, Funny

    Disney has announced the renaming of its well-known theme park ride: Terrorists of the Carribean.

  95. The real reason people steal content by Anonymous Coward · · Score: 0

    >From the article: 'These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices.'"

    Ok, lets get one thing straight, 17 year olds don't give a crap about any of that stuff, they just want free movies because they have a limited allowance, their mom won't let them go to rated R movies, and broadband to download the movies with. Any other line of reasoning is complete bs and lying. This is why DRM came about in the first place, now we all are paying the price with CRAP.

    -AC

  96. Just follow the footsteps of the underpants gnomes by bmalia · · Score: 1

    1) Distribute Music and Movies freely.
    2) ???
    3) Profit!

    --
    There's no place like ~/
  97. consumer is king, eh? by Zaphod2016 · · Score: 1

    Bring me the head of Dan Glickman!

    - by decree of his majesty Zaphod

  98. Electronic *Frontier* Foundation by Wannabe+Code+Monkey · · Score: 1

    From the slashdot summary: Motion Picture Association President Dan Glickman and Electronic Freedom Foundation co-founder Johh Perry Barlow lock horns. And from the linked article: Motion Picture Association President Dan Glickman locks horns with Electronic Frontier Foundation's John Perry Barlow. First of all, if you're not going to use a direct quote, then don't just shuffle around a few words, while still using the exact same phrasing. Second of all get the name of the organization correct, it's Electronic Frontier Foundation.

    --
    We always knew Comcast was corrupt, here's the proof: http://tech.slashdot.org/comments.pl?sid=1909890&cid=34545432
  99. Elephants Dream by MrCode · · Score: 1
    Dan Glickman: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.

    Really?

    Released for download 18 May 2006, currently at over 500,000 downloads. There were 2000 DVDs sold as of 11 May, before it was even released for download. This is just for a 10 minute short.

  100. personally by Dr+Floppy · · Score: 1

    I see this as a question of value of the content. Because the cost of something is the amount of life you are willing to exchange for something (dont remember the origin, sorry). Todays music and movies typically dont have the same quality as so many we grew up with or came to appreciate. The plots suck, the lyrics are bland, etc... any number of complaints/truths. People today are willing to pay a premium for certain things, but not everything. The extra $ paid when purchasing blank media (cdr, dvdrs) to reimburse creators is widely accepted. Consumers have fair use rights which have traditionally been to make personal copies which is totally reasonable. But with todays technology it is almost a duty of the content holder to make media available otherwise demand will urge others to act. I can imagine that its frustrating for labels and studios to keep up with rate of advancement in distribution systems and keep a profit, but they only have to digitize the media and find tech partners, much like Apple has done with the labels and certain studios/organizations (only Apple had to drag them kicking and screaming). While I would have liked to have lower prices on older songs its not quite feasible with the costs involved for running the iTMS distribution network (server costs) Bittorent could change that, but computer storage needs and network speeds to be massively expanded for individuals to not mind donating space and bandwidth to lower content prices.

  101. HAHAHAH!!! by Anonymous Coward · · Score: 0

    Hmm Your analogy isn't very well written. We would more likely get hit by a meteor and die in a ball of steam, ash and dust before copying a DVD makes the original disintigrate.

    But if you copy a CD or DVD and your original disintigrates, then you better run down and buy yourself a lottery ticket ASAP all the while avoiding any cracks or you might break your mothers back.

    Car analogy - If you could copy a car.

    I think a closer analogy would be you copy an Audi and Audi sues you for making a copy. Audi really didn't spend a dime on your audi, the copy isn't protected by the 50,000mi One year warranty. But in turn Audi doesn't make anything off of your copy except to try and convince everyone that a copy of an audi is stealing and that in the future audi isn't going to be able to afford any new audi's. But like clock work Audi not only makes more Audi's but also keeps spending the profits on trying to put an end to copying in any form because they need to convince not only the law makers but the public that a copy of an Audi is stealing.

    But what about those that only copy their own car in order to have a back up in case their engine blows up? Would that be illegal? (This is what they **AA's want you to believe). That not only do you not really own the car but that even if by some act of god you did own the car you have no rights to make a copy.

  102. A metaphor that illustrates the OP's point by SuperKendall · · Score: 1

    If it's "just" a metaphor then you are basically saying that Hezbollah are just a bunch of rebels believeing in something else and the means they use to "convince" people is A-OK.

    Yet they are in fact a group of organizaed murderers. It's basically making light of the activity they engage in and giving it credence as an acceptible behaviour in modern resitance movements.

    You are not understanding that metaphors work both ways, that the laws of equivilence applies and that when you use a metaphor you are telling soemone what you think of BOTH sides of the equation.

    It's exactly why I am no longer donating funds to the EFF, which is a shame as we need a group like them - just not one with a political agenda aimed against any particular party.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  103. Uh oh. by Wellington+Grey · · Score: 1

    Oh. So you're saying it was a bad idea for me to register ElectronicHezbollah.com then?

    -Grey

  104. Re:Just follow the footsteps of the underpants gno by Anonymous Coward · · Score: 0

    Lemme fix that for you:

    1) Distribute Music and Movies freely.
    2) Embed Advertising
    3) Profit!

  105. RTFA by alizard · · Score: 1
    JPB: I mean I've made a fair amount of money over the years writing songs for 'The Grateful Dead' who allowed their fans to tape their concerts.

    We were at one point the biggest grossing performing act in the United States, and most of our records went platinum sooner or later.

    It's an economic model that has worked in my experience and I think it does work. It's just that it seems like it wouldn't. It seems counter-intuitive.

    DK: It is ridiculous to believe that you can give product away for free and be more successful. I mean it defies the laws of nature.

    Looks more to me like smart businessmen vs old, marginally competent businessmen who can't prop up their business models short of using Congress for rent-seeking. Personally, I regard going to Congress for help protecting an obsolete business model as the last refuge of incompetence.

    The Dead are hardly the only rock band to have gotten rich largely due to giving away free content. Though the model predates the Grateful Dead.

    How much have you paid CBS or Fox or Clear Channel lately to buy their content?

    What amuses me is Dan Glickman's asserting that "free content" business models can't work, in a conversation with somebody who got wealthy in the process of proving that one can.

    The *AA companies left standing will switch to more modern business models once the dinosaurs, and will be more profitable as a result.

  106. Free = Win by Anonymous Coward · · Score: 0

    I don't know why some people are still pulling the "If it didn't have DRM" and the "If it's good I might buy it" gags, even software without DRM gets pirated and no-one in their right mind would buy a second copy of something.

    It's human nature that if you can get something free, your going to get it.

  107. Oh my god you can't be serious not again! by Mateo_LeFou · · Score: 1
    "just because you can copy something that you should copy it"

    But if you can copy (are capable of copying it), then it is allowed unless it harms someone else. This is what free society means.

    Copyright does not come from a fundamental moral right to get $X for creating a song of quality Y. It is a compromise of freedom intended to promote science and art

    "If those who support the copying of copyrighted materials have their way then art it self will soon be a thing of the past"

    Do you understand how ironic and multi-layered your ignorance on this subject is? Copyright is a thing of the present, not of the past; it is a couple hundred years old. There has been art forever. What's fairly new is art as mass-commodity industry and -- yes -- a good many people wouldn't mind if that became a thing of the past.

    --
    My turnips listen for the soft cry of your love
  108. Electronic Hezbollah by Locus+Mote · · Score: 1

    Comparing 17 year-olds to Hezbollah terrorists is a really bad analogy. No one ever died because a 17 year-old downloaded a movie on BitTorrent. Kids don't walk into movie executives' homes wrapped with high explosive and 10-penny nails demanding "freedom for information or death!"

    This sort of really bad hyperbolic logic makes lucid, rational debate almost impossible. (Of course, the MPAA's stance does that as well!)

  109. Hezbollah by TubeSteak · · Score: 1

    It seems like everyone is freaking out over the fact that he mentioned Hezbollah.

    Did it ever occur to you to that maybe your preconcieved notions are corrupting his message?

    The civilian arm of Hezbollah is very active in providing civic, social and news services inside Lebanon. They are even represented in the Lebanese government.

    Kinda like Hamas & Palestine.

    You should read up
    http://en.wikipedia.org/wiki/Hezbollah
    http://en.wikipedia.org/wiki/Hamas

    Maybe he was trying to say more than "these kids are teh terrists"

    --
    [Fuck Beta]
    o0t!
    1. Re:Hezbollah by jmorris42 · · Score: 1

      > The civilian arm of Hezbollah is very active in providing civic, social and news services inside Lebanon. They are even
      > represented in the Lebanese government.

      Yea, and back in the day apologists for the KKK pointed to various 'good works' they did when they weren't 'stringin' up niggers'. So by your apolgist for evil logic, if we Louisiana Republicans hadn't went gonzo "this time, vote for the crook![1]" to stop David Duke being elected to the Senate, the KKK would now be legit or would they need two Senators first? I wouldn't want to live in your moonbat world.

      Stalin (only because he had no choice mind you) helped us defeat Germany. He also butchered millions of innocents.

      So I have to come right out and ask, "And your point is?"

      > Maybe he was trying to say more than "these kids are teh terrists"

      No, I think he is so deep in Kos/DU thinking he doesn't see Hezbollah as evil, nay, he sees them as valliant warriers worthy of praise and emulation. That makes him not a dissident, not even anti American, it puts him on the other side. Because you can't be on my side, the side of the Enlightenment and (Classical) Liberalism and see anything worthy of praise, or compare to groups he supports, in Hezbollah, Hamas, the PA, Al Qaeda, the Mullas in Iran, Fidel Castro, Stalin, Hitler, Mao, or any of the other barbarian butchers of the 20th Century. You just can't. Period, full stop.

      To give them credit where it is due our enemy understands this fully, that there isn't room for compromise. In a Global society and economy there isn't room for superstitious barbarians and enlightened civilization. So this is a battle to the death of one way of life or the other. We must drag them kicking and screaming into the the 21st Century before they can destabilize and destroy Civilization. I picked my side and it is clear you picked yours. The difference is if my side wins you still get to be a misguided fool, if your side wins you will be killed as an infidel.

      [1] The 'crook' being former Gov. Edwin Edwards D-LA, now serving time in Federal Prison. When David Duke suprised the establishment by winning second place in our crazy open primary, making the final election between him and multiple indicted (but yet to be convicted) ex two term governor Edwin Edwards (it's a Louisiana Thang, you wouldn't understand), the Republican Party, National and State, held it's nose and spent millions urging people to "this time, vote for the crook".

      Full disclosure: Although I am a Republican born and raised in LA I'm strictly not part of the "WE" that prevented Duke from being elected to the Senate as I was living in Texas at the time and instead had equally easy job of deciding to vote for George W. Bush over that no class skank (Ann Richards D-TX) he replaced.

      --
      Democrat delenda est
    2. Re:Hezbollah by TubeSteak · · Score: 1
      No, I think he is so deep in Kos/DU thinking he doesn't see Hezbollah as evil, nay, he sees them as valliant warriers worthy of praise and emulation.
      That is you projecting.
      So by your apolgist for evil logic
      That is you putting words in my mouth.
      We must drag them kicking and screaming into the the 21st Century before they can destabilize and destroy Civilization.
      You do realize that Hezbollah, Hamas, the PA, even Bin Laden (who you surprisingly didn't mention) started their terrorist activities as a direct result of Western interference in their Countries.

      Ultimately, my point was that there is more to Hezbollah than the standard "death to jews/America" and that some people know history and make the mistake of assuming other people know it too (everyone on /. who said "ZOMG Hezbollah!!")

      In conclusion, about four sentances from your entire post were ontopic, the rest was neither here nor there. If you can go back and write a reasonable response to my previous post (or even this post) without the hyperbole, I'll do my best to respond in kind again.
      --
      [Fuck Beta]
      o0t!
    3. Re:Hezbollah by Anonymous Coward · · Score: 0
      Wild!

      In a Global society and economy there isn't room for superstitious barbarians and enlightened civilization. So this is a battle to the death of one way of life or the other. We must drag them kicking and screaming into the the 21st Century before they can destabilize and destroy Civilization.


      Where is that line again? Is it between the Jews and the Christians or the atheists and the not. Or did you not intend to mention superstition at all and merely meant to veil the horse race you really see: (brown) Muslims versus (white) Christians. The "House Muslims" are ok, though.

      Culture Warrior! War for Civilization! We have always been at war with Islam!

      What a crock from someone who is normally quite rational. I didn't know you were such a fucking bigot.
  110. Life does not exist in a vacuum by xero314 · · Score: 1
    Ignoring the childish personal attack I will address your comment in as clear a way as possible.

    Copyright is a thing of the present, not of the past; it is a couple hundred years old. There has been art forever.
    Copyright, wether it be by institutional law or other form of enforcement (limitation of knowledge, or force for example) has been around as long as the ability to copy or forge artistic works has been easily accesible to the everyday citizen. When forgeries cost as much and took as much skill as the original there was less need for copyright, since may forgers actually took claim and pride in there ability to copy the works of the masters of their art. Today there is no skill involved in making mass produced copies of print, photographic, recorded or digital art and the cost in resources, including time, is considerably less than that required to create the work. Without copyright protection we would be without most of the art that we have today. Artists would not find themselves free enough , do to the obligation to make a living elsewise, to produce the amount of art, wether you like it or not, that we have available to us.

    Art through the years has change from a single solitary task, to works that require many people hundreds of thousands of man hours to create. When a painter, one of the older reproducible art forms, were to spend even a hundred hours on a painting, they could find someone willing to pay over a thousand dollars for the original and there for provide a living wage. Music records take easily a dozen people hundreds of man hours to produce, and with the complaints about the high cost of CDs today I doubt anyone would be willing to pay 10 thousand dollars or more to have the original. If we look at movies or video games, those numbers become astronomic. Now that these newer artforms are pure digital in also adds another difference between the art of today, and the historical art you speak of. Digital art loses no quality in replication, where as a painting, for example, can not be easily replicated with the same qualities except by someone who is also a painter of the same skill as the original.

    Many Things have changed throughout history and you should not look at something like art in isolation and instead look at it in a grander scope, such as including the technology of replication.

    But if you can copy (are capable of copying it), then it is allowed unless it harms someone else.
    I agree with you completely on the face value of that statement. To bad copyright infringment does harm people by taking away their ability to survive in a capitalist society. Once artistic work does not supply the resource to keep a person living (read that very carefully because it is worded that way specifically), then mass promotion, regardless of production, of art will be a thing of the past. Sure there will always be artist, such as people who create artistic works in there free time, but they will only be available to a small audiance due to the amount of resources needed to make people aware of the artistic work.

    There is a solution if you would truely like art, or for that matter all creations, to be freely available to all people, but it would require a much larger change than copyright infringement or the abolishment of copyright law.
    1. Re:Life does not exist in a vacuum by cpt+kangarooski · · Score: 1

      Copyright, wether it be by institutional law or other form of enforcement (limitation of knowledge, or force for example) has been around as long as the ability to copy or forge artistic works has been easily accesible to the everyday citizen.

      No. People have had pens and paper for a really long time, and that's all you need in order to copy books, which is what copyright originally covered. You don't even need to be literate, though it helps (and illerate people don't care much about books anyway, even if printed under the authorization of the copyright holder). Fine art wasn't copyrightable until much later, but still well before the invention of photography.

      Incremental improvements in technology (e.g. the jump from CDs to home CD burners) really hasn't been a big deal in the copyright world. The big jumps (e.g. the jump from nothing to the first sound recordings) were, but they were just as important for publishers and artists as anyone else.

      Once artistic work does not supply the resource to keep a person living (read that very carefully because it is worded that way specifically), then mass promotion, regardless of production, of art will be a thing of the past.

      I disagree. Almost no artists ever make a living from their copyrights. The vast, vast majority of them have to make money in other ways, ranging from taking commissions (which involves performing a service, rather than exploiting copyrights) to just having a day job.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Life does not exist in a vacuum by xero314 · · Score: 1
      People have had pens and paper for a really long time, and that's all you need in order to copy books...
      This is correct, but once again an important factor is missed here. For one with out literacy or artistic talent it is very difficult to copy type face or even hand written words. Even if you did have the skills to copy writen word, it would take you approximately as long as it took the original artist to write the book in the first. Other artistics works that were copyable before photography or other form of photoreplication, such as paintings on canvas, also required a great deal of skill and time.

      The big jumps (e.g. the jump from nothing to the first sound recordings) were [a big deal in the copyright world], but they were just as important for publishers and artists as anyone else.
      This is exactly why copyright law had to be inacted. The tools that were benefitial to publishers and artists would be of no benefit at all if there was no legal right to control of the copying of a work. The best part about this is that the people that use modern copy techniques own that all to the original copyright holders. If there was no legal rights of copy protection then the copy technologies would not have received funding for coporations hoping to use it the technology to their own benefit.

      The vast, vast majority of [artist] have to make money in other ways, ranging from taking commissions (which involves performing a service, rather than exploiting copyrights)
      This is were you are correct but missing some important information. Most paid artists, not hobbyists, who would actually be affected by copyright infringement, which is probably far more than you realize, do receive income through commisions; commisions which are paid by people purchasing the work in the hopes of exploiting copyrights, as you put it. To publisher would buy the rights to a story, or song, or video game if their were no copyright law.

      Mixing archaic arts like painting, sculpture and non-recorded perfroming arts, with modern arts like audio and video recording or video games only muddies up the issue and makes people think they are all applicable to the same rules. The rules should protect all artists but we don't have copyright law and DMCA because of painters.
    3. Re:Life does not exist in a vacuum by cpt+kangarooski · · Score: 1

      Even if you did have the skills to copy writen word, it would take you approximately as long as it took the original artist to write the book in the first.

      And? There is no technology for copying that pirates have that authors and publishers do not. In fact, usually the technological advantage, which can at best be a tie, is actually in the favor of the author and publisher. For example, I can burn a CD, but it takes a few minutes and the discs cost a few cents. Publishers that are making tens of thousands of CDs will just get them stamped out at a factory for a much lower cost, taking advantage of economies of scale; it would be more costly for them to burn them. Advantage: authors and publishers.

      The tools that were benefitial to publishers and artists would be of no benefit at all if there was no legal right to control of the copying of a work.

      Why? Before the first records, no one could sell recorded sound. Afterwards, even if there were no copyright applicable (and in fact, there wasn't for quite a while) the artist is still doing better if he can manage to sell even one record. One is better than zero. Besides, as I pointed out, they can usually take advantage of economies of scale, and can usually get to market before pirates can (since the pirates have to have a copy to copy from). This gives authors an advantage. It might be an effective copyright term measured in days rather than years, but it can still be exploited for a fair bit.

      If there was no legal rights of copy protection then the copy technologies would not have received funding for coporations hoping to use it the technology to their own benefit.

      And if there was no impetus toward war, we might not have invented poison gas or nuclear weapons. Should we have invented war just to keep arms manufacturers in business? No. I don't give a rat's ass about copy protection developers, and in fact, I think that the copyright system ought to discourage the use of copy protection in the strongest possible ways. Copyright, after all, is meant to serve the public interest. Copy protection is hostile to the public interest. We might not be able to ban it constitutionally, but we can discourage the hell out of it.

      do receive income through commisions; commisions which are paid by people purchasing the work in the hopes of exploiting copyrights, as you put it.

      No, because merely ordering a commission doesn't involve any transfer of the copyright. If I want someone to take my wedding pictures, I still lack the right to make my own prints of those pictures, unless I purchase those rights too. Further, a lot of times, no one cares about copyright exploitation. I'm not going to sell copies of my wedding pictures to people. I just don't want to have to pay through the nose every time I want to print a set. They have no economic value to anyone other than me. Frankly, this is the case for most works. Works almost never have any economic value to begin with. Lord knows that when I was an artist I created all sorts of works for clients where they could have cared less about the copyrights, so long as it didn't interfere with what they wanted to do.

      Mixing archaic arts like painting, sculpture and non-recorded perfroming arts, with modern arts like audio and video recording or video games only muddies up the issue and makes people think they are all applicable to the same rules.

      They are. Differing classes of works are basically interchangable for copyright policy purposes. Sometimes you have to treat things a little differently, but for the most part, there's no material difference. And painting et al are hardly archaic. Lots of people paint. We even teach little kids in school to paint.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Life does not exist in a vacuum by Mateo_LeFou · · Score: 1
      "Copyright, wether it be by institutional law or other form of enforcement (limitation of knowledge, or force for example) has been around as long as the ability to copy or forge artistic works has been easily accesible to the everyday citizen"

      It's difficult to figure out what you mean here. Copyright as a set of laws restricting people from taking certain actions -- which is what it is -- has not been around very long. The ability to copy artistic works has been around for all of human history. Not even pen and paper is required to "copy", for example, a haiku.

      "Without copyright protection we would be without most of the art that we have today"

      That's not an ethical argument for copyright. I acknowledge that copyright was useful for a time; lots of great art was created that might not have been otherwise. That's a pragmatic argument. As I said, copyright "is a compromise of freedom intended to promote science and art" and it did exactly that for a time. Since it is a restriction of freedom, though, it must demonstrate its continuing cost-effectiveness.*

      "Art through the years has change from a single solitary task, to works that require many people hundreds of thousands of man hours to create."

      This is true only if you ignore all the cases where it is not true. Pynchon and Salinger presently create in completely isolated circumstances. And, thousands of years back, people were assembled in huge numbers to construct temples, statues, pyramids, etc. I am actually trying to think of a piece of art from this century that compares in scale with a Gothic cathedral...

      "a painting, for example, can not be easily replicated with the same qualities except by someone who is also a painter of the same skill as the original.

      "Many Things have changed throughout history and you should not look at something like art in isolation and instead look at it in a grander scope, such as including the technology of replication."

      Can't quite find your point here. I define a question and try to answer it; if I'm supposed "look at it in a grander scope" I need to know why the new elements are pertinent to the question. The question here is "Is copyright a natural, moral right or a conventional compromise designed to benefit society in some way?"

      If copying harms people in a tangible way, it violates their rights and should be forbidden. If it is a conventional compromise; its existence and nature are subject to adjustment/elimination if it stops providing the benefit.

      Your last graf is a doozy. I'll do it in pieces:

      "To bad copyright infringment does harm people by taking away their ability to survive in a capitalist society."

      The world does not owe anyone a living. If copyright infringement kills people, it should be forbidden based on natural law. But if it impacts people's income, the burden is on them to do something else for a living, or settle for less income. The invention of the automobile took away the ability of lots of horse breeders to "survive" in a capitalist society.

      "mass promotion, regardless of production, of art will be a thing of the past"

      Except, of course, that it won't. Millions of artists are massively promoting themselves through the Internet, and reaching far more people than old-fashioned paper/poster ad campaigns ever could.

      "Sure there will always be artist, such as people who create artistic works in there free time, but they will only be available to a small audiance due to the amount of resources needed to make people aware of the artistic work."

      I find it hilarious that you and the exec from the MPAA feel perfectly comfortable telling John Perry Barlow why and in what circumstances people create art. Some do it to make money, some don't. Some that do use a system of patronage, some rely on copyright, some focus on the non-digitizable arts, or the non-digitizable aspects of an art (take music, which is digitizable, but which Barlow created quite profitably by focusing on live

      --
      My turnips listen for the soft cry of your love
    5. Re:Life does not exist in a vacuum by xero314 · · Score: 1
      I can burn a CD, but it takes a few minutes and the discs cost a few cents. Publishers that are making tens of thousands of CDs will just get them stamped out at a factory for a much lower cost, taking advantage of economies of scale; it would be more costly for them to burn them.
      Again, I agree on every point, but as usual there is information missing. When you , at your own home, copy a CD, you have only paid for the cost of the media and the machine to make the copy., nothing at all has gone to the artist, the producer, the engineer, the original master, the recording studio, or anything else involved in the original recording, not to mention the costs involved in the publicity needed for you to even know the recording exists. Yes, all these others have been paid for by a publisher, but a publisher will not continue to do so if they can not make even the slightest profit on future recordings. Most people who support unauthorized copying of works, or the abolishment of copyright law, usually have no clue what cost in resources have already been paid out just to get that original copy in their hands.

      ... even if there were no copyright applicable (and in fact, there wasn't for quite a while) the artist is still doing better if he can manage to sell even one record. One is better than zero.
      This is only true if the single copy is sold at or above the cost to produce the original copy. As time has gone on the ability to produce moderate quality works has come way down, since it can be done on a simple home computer and some fairly cheap software. Producing high quality audio records, not to mention the cost of video games and movies, cost a lot more than a person is willing to spend on a single copy, if they could even find a buyer.

      No, because merely ordering a commission doesn't involve any transfer of the copyright.
      This is true, there are many differen terms to contractual agreements for works for hire, or other comissioned works. But this brings up my point about different arts being treated differently. Recorded arts and digital arts (music, games and movies) are nearly always a work for hire with transfer of copyright (music is often somewhere in between). Publishers own the copyrights to may artists works, that is how they make the resources they need to continue the publication of works.

      Oh and just as a note, archaic may have be an incorect word to use, not because of it's actual meaning but because of modern interpretation of the word.
    6. Re:Life does not exist in a vacuum by xero314 · · Score: 1

      I finally understand why this argument is going no where, and probably never will. Personally I'm not going to argue ethics, those are to be left up to religions and philosopher. My argument is one of human well being and that all humans have a right to survive on their skills and work.

      That being said I'll make a few economic arguments and leave it alone from here.

      I would not presume to tell anyone why the produce art, but I also do not think that we should enforce a single way of handling it. Interestingly enough the US copyright system allows for a person, if they so chose, to release any work they create into the public domain for free copying by all people. If an artist choses to do so then I support that whole heartedly, but they should not be required to do so. If you think all people should release works into the public domain, don't infringe the rights of those that don't, just chose to not support them.

      The cost of making an artistic work known to a wide audiance is still expensive, even in the internet age. Most musicians still receive there widest audiance from radio, free or other wise, not from the internet. It is possible with lots of searching to find decent independant artists on internet, I do it regularly, but not nearly as easy as listening to the radio. I would being willing to bet that Word of mouth is still more effective in spreading knowledge of new artists than the the internet (word of mouth including any form or personal communication).

      The last thing I have to say is I can't see how reducing the duration of copyright from 5-10 years will have much effect. I'm not against it at all, but the pirates and others looking to infringe copyright will be unaffected by it. Most copying of copyrighted materials happens in the first year, let alon 5-10, after which they are mostly forgoten and the artists or publishers are not expecting much further return on their initial investment. I am agian willing to bet that the effect of such change would be negligable on the music and game industries, since after 10 years there are usually enough used copies floating around that no one is buying new copys anyway, if the publisher is even making new copies.

    7. Re:Life does not exist in a vacuum by Mateo_LeFou · · Score: 1
      "Personally I'm not going to argue ethics"

      You're right about that. You're not going to argue ethics -- in the sense that you state what logically follows from certain ethical principles. No; you're just going to throw out ethical conclusions as though they're unquestionable when in fact they're hotly debated. You take the "public domain" to be an aberration -- or one of many options available. Wrong. The public domain is the natural habitat of ideas. Jefferson knew this. You have to back up the aberration of copyright with either a pragmatic or ethical argument.

      "I also do not think that we should..."; "they should not be required..."; "all humans have a right to survive on their skills". these are ethical propositions that have to be supported with a theory of what is right and wrong. Sorry, but they are.

      The last hilarious thing is: you insist you don't want to construct an ethical theory, but w/r/t the other line of reasoning -- the pragmatic one, viz: copyright stimulates science and art -- you agree with me almost perfectly. If "the effect of such change [a 5-10yr copyright] would be negligable on the music and game industries" then Why is the term 100+ years? Why is the State granting 20 times as much stimulus as is needed to achieve roughly the same result? Need a hint? okay:

      M_____ Mouse

      finally: A good read, explaining clearly the inferiority of the "property" metaphor to describe the nature of creative works.

      --
      My turnips listen for the soft cry of your love
    8. Re:Life does not exist in a vacuum by cpt+kangarooski · · Score: 1

      When you , at your own home, copy a CD, you have only paid for the cost of the media and the machine to make the copy

      So? I did not say that pirates can have lower costs altogether. I said that there is no technological advantage for pirates. Remember, you said that in the pre-copyright days, copying was difficult. And I pointed out that it has never been easier for pirates than authors, whatever the level of technology was at any point in time.

      Yes, all these others have been paid for by a publisher, but a publisher will not continue to do so if they can not make even the slightest profit on future recordings

      Unless, of course, they do. There are other incentives besides money.

      But really, you're missing the big picture. Yes, authors and publishers are self-interested. They often desire money, and will do things such as creating or publishing works in order to get money.

      However I, like all members of the public, am equally self interested. I want those works, and I don't want to pay a penny more than I have to. Therefore, I will, through the government that represents my interests, only give authors the smallest amount of copyright that provides me with the greatest amount of gain. I am not going to subsidize authors and publishers with artificial monopolies they can wield against me, unless I end up better off with such a system than I would be without it.

      You've said that they aren't charities. Well, neither am I. We can come to a mutually satisfactory arrangement (though I'm really uninterested in whether they are maximally satisfied, so long as I am), but don't forget that the system has to please the public too.

      The degree of piracy right now is a strong indicator that it does not. That means that the system is broken. Fixing it might well result in fewer works being created. But if the public is nevertheless better off (since both more works and less copyright are desired) then it's for the best.

      This is true, there are many differen terms to contractual agreements for works for hire, or other comissioned works.

      Meh. It's rare to be able to have a contract that creates a work made for hire situation. It's harder than you think. In my wedding photographer example, those works will never be a work made for hire. The best I can hope for is to buy the copyright from him, and to be stuck with a statutory reversionary right hanging over my head. It's quite unacceptable.

      But this brings up my point about different arts being treated differently. Recorded arts and digital arts (music, games and movies) are nearly always a work for hire with transfer of copyright (music is often somewhere in between).

      No, it doesn't. There are some works treated differently regarding works made for hire, but they're generally uncommon. The main reason why works are works made for hire is because they are made by employees. The kind of work doesn't matter. Hire a portrait painter as an actual employee (rather than on a commission basis) and you are considered the author. Transfers are a totally different matter, and n.b. that artists working for hire are never the copyright holder, and thus never have anything to transfer. You should probably read up on how this actually works.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Life does not exist in a vacuum by xero314 · · Score: 1
      I appriciate that you have admited that your issues with copyright are entirely self intrest, unlike many others that think it is somehow for the betterment of society. I am not entirely against self interest since it is the root of survival in an a capitalist system, my only point was that with out this self intrest we would not have the amount of art that we have available today. Oh and not all members of society are self interested, just so happens that most succesful memebers of capitalist societies are self interested. (as if this is even worth debating)

      And I pointed out that it has never been easier for pirates than authors, whatever the level of technology was at any point in time.
      I guess that is true if you do not take economics into account. Historically it was only economically viable to create copies of works if you were able to pay for very larger scale replications. With current technology it cost less than a minimum wage workers week of pay to mass reproduce digital works. When the printing press first came out it took highly skilled individuals and wealthy families resources to mass reproduce written works. Today it takes a $100 or less scanner/copier and a copy of "[this or that] for dummies".

      ...but don't forget that the system has to please the public too.
      No it doesn't, and you would be niave to beleive so. The system only needs to please those that control the wealth and economic systems. It doesn't mater if a 100 million minimum wage workers are pleased with the system, as long as the spend happy middle class is. I don't have any statistics to show who is or is not happen, but you can see historically that the public does not need to be satisfied by any system.

      It's rare to be able to have a contract that creates a work made for hire situation.
      You have a very narrow view of copyright and works for hire. Every software developer, a large industry, or designer of a manufactured item is producing a work for hire under copyright law. Us Copyright law defines a work for hire as, among other things, "a work prepared by an employee within the scope of his or her employment." This is the majority of all copyrighted work in the United states. Every time your sign an employement agreement you are agreeing to a contract that creates a work for hire situation. Technically without an employement agreement you have not transfered (or if you prefer, agreed to give up) any copyright. This is very much applicable to the Video Game industry. Also most other artistic industries, Music and Video for example, also include contracts that transfer copyrights to the commisioning organization. This is what keeps actors from remainging the copyright holders of their performaces.

      My familiarty with copyright and intelectually property law is pretty extensive, for not being in the legal profesion, and I would be willing to find you many quotes and case law to back up my statements if I need to.
    10. Re:Life does not exist in a vacuum by cpt+kangarooski · · Score: 1

      I appriciate that you have admited that your issues with copyright are entirely self intrest, unlike many others that think it is somehow for the betterment of society.

      I think that you've misunderstood me; probably I haven't explained myself well.

      I think that the purpose of copyright is to serve the public interest. The public interest is generally composed of several interests: 1) the interest in having original works created; 2) the interest in having derivative works created; 3) the interest in having works published; and 4) the interest in having no or minimal limits on what people can do with creative works, including owning copies, buying and selling copies, making copies, making derivatives, not having to pay for copies, etc.

      That is, the public interest is self-interest; the public is not interested in helping any specific subset of the public, such as artists, but rather wants to help itself as a whole.

      In any case, these are my interests as well.

      While some people are of course altruistic, and that's fine, such charity has no place in a copyright system. It's inappropriate to give people monopolies over everyone out of the goodness of your heart, and in any case, copyright is ineffective as a system of charity. If you actually want to help artists charitably, just write them a check. Copyrights are about as valuable as lottery tickets; a few are worth a lot, and the vast majority aren't worth the paper they're printed on.

      With current technology it cost less than a minimum wage workers week of pay to mass reproduce digital works.

      But it's still not economically viable, except perhaps in the case of P2P networking. That's why CD factories use presses, not burners. Which, let me remind you, is a technology that authors and publishers are perfectly free to use just as much as anyone.

      No it doesn't, and you would be niave to beleive so.

      Well, that would indicate that the system is broken. As it happens, I think that it is right now, because the government is more concerned with the special interest groups in copyright, such as authors and publishers. They need to ignore them, and focus on the public interest. To some degree, what's best for the public will likely be beneficial (if not maximally so) for authors and publishers. But in the end, those groups should have to like it or lump it.

      You have a very narrow view of copyright and works for hire.

      No, I said that it's rare for contracts to cause a work to be a work made for hire. That can only happen for a few enumerated types of works, and requires the contract to be express, written, and signed by the parties. The employment situation is much more common, but does not hinge on what's in a contract, or whether there even is a contract, so long as there's not any express, written, signed statements disclaiming works being works made for hire.

      Every time your sign an employement agreement you are agreeing to a contract that creates a work for hire situation.

      That is not actually true. It is possible to be an employee for copyright purposes without formally having an employment relationship, and it is possible to have a formal employment relationship without being an employee for copyright purposes. CCNV v. Reid discusses a lot of the factors the courts will look at in deciding whether someone is an employee for copyright purposes. Certainly explicit contracts are a big help, but they don't always determine how things will end up.

      This is what keeps actors from remainging the copyright holders of their performaces.

      No, I'd say it's because actors are generally not authors for copyright purposes. For film, usually it's the director, maybe it's joint. I would say that fixation issues play a big part here. There was an instructive case -- Burrow-Giles v. Sarony -- on a similar matter involving whether photographs were copyrightable. Of course, you want to cover your ass anyway, with carefully worded agreements.

      I would be willing to find you many quotes and case law to back up my statements if I need to.

      And I'm a copyright lawyer, by trade. So far I know what you're referring to, so that's ok.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:Life does not exist in a vacuum by xero314 · · Score: 1
      And I'm a copyright lawyer, by trade.
      That explains why your arguments for or against the copyright system are so much more understandable than the others else where in this thread. My knowledge of copyright is mostly in games and music, so my comments on other sectors are based on the understanding I have from those. I know that in performing arts the design (be it play-writing, music composition, etc...) can be covered by separate copyright than the performance (which is seen in the fact that lyrics and musical records are registered separately with the US copyright office). This would lead to the assumption that an actors performance can be protected by copyright as much as a writer or directory, if the letter of the law where to be upheld.

      The fact that a person can be considered an employee with out a written employment agreement is probably a flaw in contract law or employment law (if such a thing exists). I personally have not held a job with any copyrightable aspect with out having a written employment agreement clearly outlining what is or is not a work for hire and what rights of intellectual property I transfer to the employer (I have turned down jobs for restrictive intellectual property clauses). Here my personal experience may be way out of bounds of what most employees deal with in their jobs.

      But honestly I never intended to argue the details of copyright law, just the validity and necessity of it in a capitalist society and therefor the need to protect a persons means of economic security. I have previously argued that the anti-copyright movement is going to cause there to be even more stringent rules around property, making all easily replicated works licensed for use rather than purchased. I do honestly see it happening as it has already happened in software and will soon happen in games and potentially music. When it does you can throw copyright law out the window since you will have to abide by a specific contract agreement with the content provider not any general law that protects all members society equally. But again this doesn't really bother me since I only enjoy work of artists I am willing to pay the price they or their agents want for it.
    12. Re:Life does not exist in a vacuum by cpt+kangarooski · · Score: 1

      I know that in performing arts the design (be it play-writing, music composition, etc...) can be covered by separate copyright than the performance (which is seen in the fact that lyrics and musical records are registered separately with the US copyright office).

      Well, yes. They're different works, as evidenced by the number of people who perform works that they didn't write, e.g. musicians covering a song. Of course, remember that the performance has to be recorded in order to be a copyrightable writing. A performance that is merely 'in the air' so to speak and unrecorded is uncopyrightable too. There is actually an interesting case going on along these lines in the 2d Cir. I'm interested to see how it turns out.

      In any case, the recording for an actor is likely a film or video. While his expressions and gestures and body position and so on might be chosen by him, they're also likely to be at the behest of the director and the written stage directions. Meanwhile the director also has a lot of control over the tableau, such as costuming, set design, cinematography, etc. along with the editing of the final piece. This is why I'd say that he is probably the person responsible for what ends up on the film, and not the actor, who lacks control beyond his own body. Similarly, photographers tend to be copyright holders for their photographs, not their subjects who are depicted. It all comes down to who had and exercised the kind of control we'd expect out of an author.

      The fact that a person can be considered an employee with out a written employment agreement is probably a flaw in contract law or employment law (if such a thing exists).

      Yes, employment law exists, and is a significant field of the law. It's not a flaw, it's just that courts will look to the essence of the relationship between the parties, rather than the formalities on the surface. If they are really employer and employee, despite their own confusion to the contrary, then that's how that works out.

      just the validity and necessity of it in a capitalist society and therefor the need to protect a persons means of economic security

      Well, I don't think it's necessary, and I don't think it really provides significant economic security. But I do think it is a valid idea, and a good one. The trick is simply implementing it properly. A good copyright law is likely to be a lot less restrictive than the law we have now. It might benefit authors less, yet be better for the public as a whole. So, I seek reform. But if I thought that no copyright law could possibly yield a better result than any copyright law could, I'd want to see it abolished. I'm merely looking for the outcome with the greatest utility.

      I have previously argued that the anti-copyright movement is going to cause there to be even more stringent rules around property

      That's funny, because I see the pro-strong-copyright movement as causing a reformist backlash (which I support). I think that there's really fewer people totally against copyright than you might think, and that a lot of them will be mollified with a better, reformed copyright. But even if not, they're still useful in that it makes my group moderate in comparison. ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  111. Re:"If You Got a Warrant, I Guess You Gotta Come I by RobotRunAmok · · Score: 1

    uhhhh, yeahhhh, So? Your point being...?

  112. Re:"If You Got a Warrant, I Guess You Gotta Come I by Jah-Wren+Ryel · · Score: 1

    (it's a fact that none of the legislators take them seriously any more),

    You got anything citeable to back up that claim?

    --
    When information is power, privacy is freedom.
  113. patience by It's+a+thing · · Score: 1

    If they're run by aging men with aging buisness models, why don't we just wait for these old men to die with their buisness models?

    --
    Staring at a white background [on a computer screen] while you read is like staring at a light bulb — Maddox
  114. Okay I'm drunk but by Mateo_LeFou · · Score: 1
    Your posts are so full of basic spelling/english errors that I can barely read them. I will reply to your harebrained arguments tomorrow.

    For now, I'll give you a hint: the discussion of art as art is different from the discussion of art as an activity subject to the jurisdiction of whatever political regimes are in place

    --
    My turnips listen for the soft cry of your love
  115. Electronic Resistance by carcosa30 · · Score: 1

    If things keep going as they're going, Western governments are going to be seeing these guys turn into a real Hezbollah.

    They're gonna find out what's up a couple of months after they impose a draft.

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
  116. "electronic hezbolla"? by proudhawk · · Score: 1

    comparing those who defy the mpaa and others as
    terrorists is a lot like call the kettle black.

    This behavior on the part of the mpaa strikes me as
    someone (the mpaa) acting out of panic, not informed thought.

    The mpaa (and others) really should be embracing the net as a
    possible revenue stream. it would certainly make their product available over
    a much wider spectrum of the viewing public.

    So my question is this: what are they so afriad of?

    --
    Understanding is much like a 3-edged-sword. in this: there are always 2 sides and the truth.
  117. People flock to allofmp3... by patio11 · · Score: 1

    ... because downloading a song costs about six cents. They're essentially an overseas pirate which through the magic of the Internet happens to be available to customers in the US. You could also order an entire season of,say, 24 on Ebay for $20 and think "Wow, I'm getting a good deal" until you found out that your supplier in Hong Kong wasn't on the up and up. (When I was young and stupid I got burned on two pirated games from eBay -- never using them for anything IP-related again).

  118. Re:"If You Got a Warrant, I Guess You Gotta Come I by themusicgod1 · · Score: 1

    "it's a fact that none of the legislators take them seriously any more"
    I beg to differ

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  119. Strawman by The+Cisco+Kid · · Score: 1
    Would a clothing store give all their clothes for free? Would a car dealership give all its cars for free? Of course not. If they don't make a profit in this world they're out of business. That's just the laws of human nature.

    One big difference - you can't duplicate clothes or cars for no incremental cost. There is certainly economy of scale - a prototype certainly costs a lot more to create than each individual unit on a large production run - but only so far - 100,000 cars will generally cost roughly twice as much to make as 50,000. With something the is information - music and movies - the cost to produce it is fixed, and once you'd done so, the incremental cost of duplicating it is close to zero, especially if many individuals supply their own 'raw materials' (eg bandwidth, blank discs, time, etc) for their own copies. It actually costs the music/movie producer nothing for someone to copy a work, which is why the always couch it in terms of 'lost sales' which is bullshit - they are assuming that everyone who made a copy would have purchased it from them instead, which is certainly not true.

  120. * (the footnote) by Mateo_LeFou · · Score: 1

    If you didn't know, in Eldred v. Ashcroft the Supreme Court essentially denies this, saying that the Constitutions language about "Promoting Science and the Useful Arts" is not restrictive. Basically any copyright law Congress passes (and that execs from the "content industry" help them out quite a bit with) is presumed constitutional. Isn't that nice?

    --
    My turnips listen for the soft cry of your love
  121. MPAA threatens look and feel lawsuit against EFF by jelton · · Score: 1

    For sounding like Kurtz from Apocalypse Now.

    Seriously, the guy sounds downright creepy: "These are aging industries run by aging men, and they're up against 17-year-olds who have turned themselves into electronic Hezbollah because they resent the content industry for its proprietary practices."

    Creepy!

    --
    I am not a lawyer. This post does not constitute any form of legal advice.