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Download Only Song to Crack the Top 40

nagora writes "The BBC is reporting that next week's UK music chart may have the first sign of the end of the recording industry as we know it. From this week (7th Jan, 2006), all downloaded music sales are counted in the official UK chart, not just tracks which have had a physical media release. Now, an unsigned band called Koopa is poised to enter the top 40 without any old-world recording, distribution, or production deals. Band member Joe Murphy says "If someone comes along and gives us an offer, we'll talk to them." before continuing on to add the words the recording industry has been having nightmares about since the introduction of the mp3 format: "If we can get enough exposure and get in the top 40 by the end of the week, do we necessarily need a large label? Probably nowadays, no you don't." Is this finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production? Or just a sell-out waiting to happen?"

391 comments

  1. Don't stop at just the labels... by dada21 · · Score: 4, Insightful

    ...keep moving forward by working to repeal laws that instill any form of anti-market monopoly, such as copyright. I promote and produce for a few bands in the Chicago area, and I've worked hard to get them to repudiate monopoly. The bands that do make more money! Why?

    Small bands want their music out their -- the CD sales aren't where the cash cow is. Live venues can be very lucrative for even a small band -- getting 300 people to a show can net you $1 a beer or $2-$4 per head. Also, you can upsell your new fans on items they can't easily copy, such as T-shirts, autographed posters, etc. My brother's band Maps & Atlases just received a major article in Guitar Player, and they're moving forward with picking up sold-out shows, all without any representation. They do just fine on cover charges, new T-shirts every month or so, and autographed screen-printed show posters. If they can do 50 shows a year (1 a week), there's no reason that each of them can't make a very respectable 5 figures a year, after expenses.

    Sure, CD sales account for some profit, especially on tour, but there is little reason to think that a band needs a label just for radio exposure or MTV. Both are great for the rare groups that can break 50,000 albums a year or sell out to 3000+ crowds -- and the chance of being one of those bands is so rare that it is almost impossible. Even worse, the labels utilize the force of copyright against even the bands that "succeed" by wrapping up all their future income in the form of residuals and management fees.

    If you're a small band that wants to make it big -- tour. If you're a medium-sized band that is starting to form an audience -- get a street team. If you're a large band, make more products for your consumers to buy that isn't easily copied. Sometimes that 5 minutes you spend with a fan is worth a lifetime of them wanting your products, even if they get the easily-copied products for free.

    The best form of marketing is piracy -- if you're part of the 99% of the artists out there who can't get into the big industry because you have no clout or nepotism pull.

    Is it easy either way? NO. Simple laws of supply and demand will show you that most artists won't cut it -- it is very easy to get into the market (financially). The skills can mostly be learned. The production tools are getting cheaper and cheaper. There is a near limitless supply of people who want to get into the market. Surely, few are talented, but the simple fact that there is SO MUCH SUPPLY and so little demand means that most bands will make nothing (or worse, lose a ton of time and money trying). Still, the web will surpass the radio and MTV as the prime networking engine, and I do believe that collaborative filtering engines such a CRITEO will really take off when more small sites start utilizing them to get their microcosm of users to collaborate on what they like and don't like.

    Sidenote: If any bands are out here that are interested in trying this theory, and have any touring experience beyond a few local shows, hit me up with an e-mail, we have some money to invest in those who repudiate copyright in exchange for the free promotion that torrents and fileshare offers.

    Congrats to KOOPA for proving that you don't need might -- or force -- to be more than a starving artist.

    1. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 4, Insightful

      The GNU Public License rests solidly on copyright law. Take away copyrights, and anybody can take GPL software and release it as closed source.

      The right answer is to limit copyrights. I think that 30 years from creation, plus another 30 years IF the copyright holder explicitly renews his rights is fair. When the copyright expires, after either 30 or 60 years, it goes directly and permanently into the public domain. The Library of Congress should hold the official registry of copyrighted works in the USA. Corporations should not have terms that exceed or are different from the rights given to individuals.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    2. Re:Don't stop at just the labels... by poopdeville · · Score: 0, Offtopic

      Fr0st pist!!!!

      Oh wait, how did I lose to dada21's encyclopedic first post? Not fair. There should be a law against forts psist longer than about 5 lines.

      --
      After all, I am strangely colored.
    3. Re:Don't stop at just the labels... by CRCulver · · Score: 1, Interesting

      The GNU Public License rests solidly on copyright law. Take away copyrights, and anybody can take GPL software and release it as closed source.

      Non-disclosure agreements and the concept of a trade secret are examples of copyright-like limitations on free speech. Remove them, and any company's attempt to keep source secret would be undone when any ex-employee or disgruntled cubicle denizen can freely leak it.

    4. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 4, Insightful

      Don't remove those, because those are contractual restrictions, and therefore voluntary. People have the right to enter into contracts if they want to. I don't think outlawing non-disclosure agreements is very smart at all.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    5. Re:Don't stop at just the labels... by spoco2 · · Score: 4, Interesting

      In some other discussion here about copyright I said why not have copyright last as long as the artist lives, or 30 years, whichever is longest? (In case the artist dies shortly after creating a work, their family should benefit from profits).

      Why shouldn't an artist continue to reap the rewards of a creation of theirs for the entire lives?

    6. Re:Don't stop at just the labels... by CRCulver · · Score: 1, Redundant

      Not all contractual agreements hold up in court, even when completely voluntary.

    7. Re:Don't stop at just the labels... by awol · · Score: 4, Insightful

      Correct GPL is based on copyright. But you are only half right about the "taking open code and closing it". It is true that under a non copyright regime (which I support) such taking and closing is possible. But even where there is no copyright there is the _fact_ of authorship. That is the closing can only legally be done with the correct attribution ie, "derived from project X" or based on code from "Jo Public". Take away those attributions and the closing author is committing fraud, claiming something that is their work independent of the true author. This damages the reputation (or rather fails to enhance it adequately) of the original source of the code. Which is a very simple wrong. And easy to fix. Much good flows on from this situation.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    8. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 2, Insightful

      Why shouldn't an artist continue to reap the rewards of a creation of theirs for the entire lives?

      Because it runs counter to the whole purpose of copyright. If creators can milk their creations for their whole lives, then they lose incentive to make new material. If the work they do in a month* only pays the bills for ten years*, then after those ten years* are up, they have to get back to work if they want to eat, thus creating new material, thus achieving copyright's goals.

      If a farmer could grow a single field of potatoes and get paid for them over and over again for the rest of his life, the world would starve.

      * Made up numbers, feel free to fill in your own.

    9. Re:Don't stop at just the labels... by Score+Whore · · Score: 0
      there's no reason that each of them can't make a very respectable 5 figures a year, after expenses.


      I have no idea what your idea of "very respectable" is, but I have to tell you, $10,002.13 a year doesn't sound that exciting to me. I mean I can make more than that stuffing burritos at taco bell.
    10. Re:Don't stop at just the labels... by Orange+Crush · · Score: 4, Insightful

      Art's expensive. Paint, canvas, pianos, harpsicords, guitars, theatres, lights, studios, tour buses, dancers in cages, and hand-sorted m&ms all cost money.

      Gone are the days when it took hundreds of thousands of dollars--if not millions--to publish a book, release an album or make a film. F*ck the "artists" who don't like the way the world is changing. I'd much rather toss a 20 to a brilliant performer on open mic night than a shrink-wrapped CD any day.

    11. Re:Don't stop at just the labels... by edwardpickman · · Score: 4, Interesting

      Hate to burst your bubble but bar bands don't make money as a rule. I have a lot of friends that do it and what little they make comes from CD and tshirt sales and it ain't much. Generally doesn't pay expenses. Back in the day some groups used to make money at it. I used to know one of the Flying Burrito Brothers, they were a hot bar band in the 70s. They stopped playing in the 80s because there just wasn't any money in it. Too many garage bands willing to play for free to get exposure. The problem is exposure for what? If everyone wants free downloads and small venues don't pay then it's no longer a profession.

    12. Re:Don't stop at just the labels... by Rycross · · Score: 4, Insightful

      Artists don't have a natural right to control how their work is used after they distribute it. Copyright is a contract between creators and society, where we give them a short term monopoly on distributor to encourage them to contribute to the public domain. Setting copyright lengths to life defeats the purpose.

      Honestly, I'd say 5 to 10 years is more than fair. If you haven't made money off of your stuff by then, then you're not likely to.

      Point being that copyright is supposed to benefit us by benefiting them.

    13. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 1, Insightful

      I think it is a smart idea for bands who aren't already making significant money from album sales to distribute their music for free, encourage fan 'bootlegs', mashups and so on.

      But the band shouldn't give up their copyrights. If they get really lucky and DO get a monster hit, they could make some good money by selling or licensing that song. Conversely, it prevents advertisers, politicians, ideologues or other unsavoury types from using it in ways they might not like.

    14. Re:Don't stop at just the labels... by iminplaya · · Score: 4, Insightful

      Take away copyrights, and anybody can take GPL software and release it as closed source.

      Oh come on. Without copyright there IS no closed source. There would be no law to keep me from using it.

      --
      What?
    15. Re:Don't stop at just the labels... by snero3 · · Score: 1

      congrats, you the first logical and sane person I have heard comment on this for a long time.

      --
      It said "windows 98 or better" so I installed Linux
    16. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 1, Insightful

      Do you really want to go there?

      Privacy laws are also examples of copyright-like limitations on free speech. Remove them, and any disgruntled employe's attempt to screw over his employer will be met with swift and effective retribution.

      Your employer potentially has plenty of information on you that you might not like leaked to unsavory individuals in retaliation for leaking their info... (SSN, name, phone, address, next-of-kin/emergency contact, insurance info, checking account transfer codes if you get paid by direct deposit, logins and passwords to anything you ever accessed from any of their computers or networks, etc...).

      It doesn't pay to piss off someone bigger than you, in an information anarchy. They may have more to loose, but you're still going to get stepped on.

    17. Re:Don't stop at just the labels... by CRCulver · · Score: 0

      In the long term, the ease of disclosing information--both employees about employers and vice versa--may lead precisely to the situation David Brin describes in his essay The Transparent Society .

    18. Re:Don't stop at just the labels... by dada21 · · Score: 4, Insightful

      That's completely false. I've produced 3 bands in 2006 (basically, fronted them the money for marketing, promotion and equipment) that have done fairly well doing relatively small-club tours. Many of them saw significant profits from selling their $3 t-shirts for $15, their $0.50 posters (signed) for $10, and other dookie. Art isn't necessarily a profit center -- getting a job and meeting regular needs is.

      A musician can get a job making music for industrial purposes (movies, TV shows, even local productions such as local TV commercials, etc). A musician can get a job teaching others how to play music. A musician can get a job working on soundtracks for video games or other goods. That's where the consistent money is. Otherwise, it is risk/reward: you're out there competing against thousands or tens of thousands of bands, the risk is huge for a very slim chance of a huge reward. Why is this? Because the content is controlled by copyright -- any one band invests 200 hours total in making an album. 1000 bands do this. 1 band succeeds and never has to work again. 999 bands fail and continue to try. Why is the first band any better than the others? Usually because they're colluding with the distribution monopolies (designed this way by the FCC, mind you) who control copyright.

      If you're a tiny band and I bootleg your music, you have NO chance of suing me and winning -- I probably have more money than you, if I was a pirate. Copyright only helps the distribution cartels -- and cartels are generally formed by government force.

    19. Re:Don't stop at just the labels... by OECD · · Score: 1
      The right answer is to limit copyrights. I think that 30 years from creation, plus another 30 years IF the copyright holder explicitly renews his rights is fair.

      I'm just about there with you. Personally, I think that given the acceleration of technology, storage times, etc. Two generations (i.e., 40 years) should be the maximum. I'd like to see the initial period being opt-in (rather than the current opt-out.) Ideally, I'd like to see the initial period lasting fourteen years (crap, if it worked in the 1700's, it should at least work in the "information age.")

      --
      One man's -1 Flamebait is another man's +5 Funny.
    20. Re:Don't stop at just the labels... by edflyerssn007 · · Score: 2, Informative

      I'd say a respectable 5 figures is somewhere between $35,000 and $99,999. No one thinks $10,000 is a respectable number for income in the first world.

      -Ed

      --
      So you see what had happened was....
    21. Re:Don't stop at just the labels... by mdwstmusik · · Score: 5, Insightful

      bar bands don't make money as a rule.

      True, as a rule, but not because there isn't a market capable of supporting bar bands. Most bar bands don't make money for the same reason most new business fail, poor management. I've been playing in bar bands for 25 years, 10 of those years playing bars provided my sole income. I only backed off due to a temporary medical problem. A bar musician can make $50,000+ per. year if they treat it like a 'REAL' job. They can't forget the business in "music BUSINESS." Be flexible, find your target market(s), play to those markets, keep your expenses to a minimum, and work at it 40+ hours per. week. Those are the kinds of things that one does when they run any kind of business.

      --
      "Oh, what sad times these are when passing ruffians can say 'ni' to helpless old ladies."
    22. Re:Don't stop at just the labels... by Merusdraconis · · Score: 3, Insightful

      So would it be true to say that the purpose of copyright is to mimic depreciation in real-world goods? Seeing as ideas don't age (the wheel is still just as good an idea now as it was when it was invented), forcing the value curve so that an idea is worth more when it is new, but less when it's old, makes it a lot more profitable to produce ideas.

    23. Re:Don't stop at just the labels... by GrahamCox · · Score: 1

      Congrats to KOOPA for proving that you don't need might -- or force -- to be more than a starving artist.

      Amen! Indeed, all you need to be is GOOD. It might take a while, and a lot of hard work, but if you're good, you'll gain the fanbase, and eventually make it. What the music industry have done over the last goodness-knows-how-many years is to subvert that process by taking mediocre talent and marketing the hell out of it. In the end, nobody (expect them) wins. They know this, and they are running scared. Well, har-har! You've ridden the gravy train into the ground. It's gone. Get used to it.

      This is a great day for music lovers.

    24. Re:Don't stop at just the labels... by jcdick1 · · Score: 2, Insightful

      This has always been my position when it came to the music industry. Musicians need to stop seeing the CD as the end product, and instead sell their MUSIC. I sit in a cubicle 40 hours a week, as my choice of career, and make a decent middle-class living. If someone chooses to be a musician, he or she should be rehearsing every day, get the band tight as a drum, and play MUSIC for people. Sell themselves, not CDs. And they will also be able to make that decent middle-class living.

      Thank you for helping musicians, any musicians, understand that difference. I will definitely check out your brother's band.

      --
      What?
    25. Re:Don't stop at just the labels... by JPriest · · Score: 0, Flamebait
      If everyone wants free downloads and small venues don't pay then it's no longer a profession.

      Like Linux?

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    26. Re:Don't stop at just the labels... by chimpo13 · · Score: 2, Insightful

      Art can't be created as easily as potatoes are grown (IANAPF - I Am Not A Potato Farmer). I like the idea of life or 30 years.

      The songs you sing when you're 20 are goofy when you're 30. Imagine being the Ramones and singing "Now I wanna sniff some glue" when you're in your 50s.

    27. Re:Don't stop at just the labels... by mikeisme77 · · Score: 0

      5-10 years is far too short. For things like books, movie scripts, almost any type of writing and probably some visual art and music too... Otherwise publishers, studios, etc. you submit your work to (which you might not do until a 2+ years after the original copyright--have to find an agent, do some revisions, etc.) would just sit on it until the copyright runs out and then make money from it... I think a 15 year minimum on copyrights would be ok, but 30+ years (but no longer than the life of the creator--as long as the creator lives at least 15 years after the work is created) would probably be the best way to go...

    28. Re:Don't stop at just the labels... by dada21 · · Score: 1, Insightful

      Bingo.

      Imagine if a CAD operator decided they should get paid for 70 years whenever someone copies a drawing they worked on. Not realistic, but isn't it art? How is drafting a building plan different from painting a face? Imagine if a plumber charged you per flush for 70 years after fixing your toilet? Doubtful that it would work. But many artists think their labor has value in the long term, even though they shouldn't in a free market perspective.

      I make more money every year because the value I give to others increases every year -- I am worth more through learning, perfecting and marketing my skills. A musician can do the same, and entertainment has GREAT value. I go see Penn & Teller 4 times a year in Vegas, and I pay through the nose on purpose because the guys make me laugh. Yet they are on stage 5 days a week! Even Prince is trying this gig in Vegas, and he charges $300 a ticket to see him -- he plays two nights a week at his club. Awesome!

      You don't need residual income from the force of copyright to make a living. I'd say 90% of us don't get any residual income on past work -- we get paid for what we produce today.

    29. Re:Don't stop at just the labels... by multimediavt · · Score: 1, Insightful

      Where's the NYCountryLawyer when you need him! Well, until he can chime on on this comment I'm gonna have to disagree with you CRC. NDAs are contracts not copyrights. COMPLETELY different animals. Copyrights protect creative works once they are released into the public, where non-disclosure agreements (NDAs) protect information or creative works before they are completed. Copyrights are granted without the need for legal agreement of separate parties, i.e., I can put a circle-C (©) on a piece of original work and it is protected by law from that point forward. An NDA is a legal agreement between two or more parties that any work being done, or information being exchanged, between those parties remains exclusive to those designated persons, organizations or institutions, and has to be signed by a member of each.

      Here's an example:

      If you and I formed a partnership and were working on a screenplay for a film and signed an NDA that stated we were not legally allowed to discuss the contents of said screenplay with anyone but each other, and one of us did talk about it in violation of the NDA a suit could be brought to court for violating the NDA. BUT, we would both still retain the copyright to the material in the screenplay should anything ever come of it, unless the court action resulted in a transfer of copyright due to the outcomes of the case, i.e., I sued you for violation of NDA and demanded that you release all claims to the copyrighted material to date.

      Now, copyrights can be contested if prior art existed before you released your work and made your claim to copyright on it. That's something else; maybe plagiarism in the case of the screenplay. NDAs are also not restrictions on free speech as they are not restricting original oration or free thinking, they are designed to protect the work of multiple parties prior to public release; especially in the case of "trade secrets". If you alone, without the help of others, or without the blanket protections and resources (material, financial and human assets) a company can provide, were to develop a piece of intellectual property then you are free to do with it anything that you want. That's called sole invention. If any other party is involved in the development of an invention (especially one that may generate revenue), and that party is either a person, organization, corporation or institution then an NDA is a good way to protect the rights of ownership and competitive advantage in a free market economy. If you've ever had a confidence betrayed in your life then you know what it feels like (to a degree) when a NDA is violated. What the NDA does is give you legal recourse to sue the ever loving s**t out of the party that was in violation, instead of just going home and crying and then dealing with the fallout from the betrayed trust.

    30. Re:Don't stop at just the labels... by dangitman · · Score: 1

      getting 300 people to a show can net you $1 a beer or $2-$4 per head. Also, you can upsell your new fans on items they can't easily copy, such as T-shirts, autographed posters, etc.

      Are they musicians or merchandise vendors? Personally, I feel that music should be about the music. Not selling merchandise crap or alcohol. Gimmicks, fashion, and selling addictive substances are the exact opposite way that musicians should be going. For all of copyright's problems, at least it helps artists sell their actual art. Why should the alcohol companies, venues and textile companies (probably using child labor) get all the profits, while you disallow the ownership of the most direct product of an artist's work? That's just an incentive for people not to focus on the art, and focus on marketing instead.

      --
      ... and then they built the supercollider.
    31. Re:Don't stop at just the labels... by spoco2 · · Score: 3, Insightful

      I guess I still just don't get how someone else can make profit from something that I created just because X years have gone by. If the thing I created 10 years ago is no longer making money because no-one wants to buy it, then that'll make me create something else. But if I've created something that is desirable to people for decades after I first made it, and there continues to be people who want to buy it... why shouldn't I be making money from it, rather than someone else?

      The whole 'It will make you do more work' point seems a little off to me... A creative person will create based on the desire to create more so than to make money... those who do it purely to make more money probably aren't really making worthwhile contributions anyway.

      I dunno... I suppose my measure for it being a good argument is that I can agree with the reason and convince someone else... and I just can't see the point of it being forced into the public domain while the original creator could still be making a living from it. Being able to extend indefinitely past the creator's death is a load of bull, and does nothing to benefit the creators of the works... but during their life? Hmmm... not an easy sell to me.

    32. Re:Don't stop at just the labels... by dangitman · · Score: 1

      Honestly, I'd say 5 to 10 years is more than fair. If you haven't made money off of your stuff by then, then you're not likely to.

      Except that history proves otherwise. If anything, it points to the opposite. This idea has the problem of penalizing people who are innovative and ahead of their time. Many of the greatest works of art are not understood or accepted by society for many years after their creation, and often not until the artist's death. On the flip-side, it rewards people who make superficial, faddish junk that is soon forgotten.

      --
      ... and then they built the supercollider.
    33. Re:Don't stop at just the labels... by Kris_J · · Score: 4, Insightful
      But if I've created something that is desirable to people for decades after I first made it, and there continues to be people who want to buy it... why shouldn't I be making money from it, rather than someone else?
      Because you live in a society that makes it possible for you to create that thing. As in incentive to make society better, you're given a monopoly over said thing for a brief period. Then the thing should be made available to everyone in society so new, better things can be built without having to start from scratch. To argue for infinte copyrights is to argue that you should be able to use stuff that came before you, but no one after you should have the same opportunity.
    34. Re:Don't stop at just the labels... by spoco2 · · Score: 1

      [quote]Otherwise, it is risk/reward: you're out there competing against thousands or tens of thousands of bands, the risk is huge for a very slim chance of a huge reward. Why is this? Because the content is controlled by copyright -- any one band invests 200 hours total in making an album. 1000 bands do this. 1 band succeeds and never has to work again. 999 bands fail and continue to try. Why is the first band any better than the others? Usually because they're colluding with the distribution monopolies (designed this way by the FCC, mind you) who control copyright.[/quote]

      You say it's down to the distribution/marketing lot... but that aside, how is reducing copyright going to fix this problem? How does making the music, that you say is no better than the other artists, become public domain fix anything? Surely if the need to work another 200 hours in X years rather than Y years means diddly if the 'monopolies' are sitll controlling everything.

      I just don't see the link between band X being great but unnoticed and band Y being not so great but having great success, and copyright lengths... I just don't.

    35. Re:Don't stop at just the labels... by spoco2 · · Score: 2, Interesting

      Then the thing should be made available to everyone in society so new, better things can be built without having to start from scratch. This makes sense from a mechanical, product, 'make things work' standpoint... but it doesn't really hold, for me, for works of art. So, by having short copyright I can take Harry Potter, chop it up a bit, put a couple of different names in it and make a new book out of it? How does that work?

      To argue for infinite copyrights is to argue that you should be able to use stuff that came before you, but no one after you should have the same opportunity. I never said infinite copyright... I said copyright for the life of the creator... I still don't see a problem with that. There's an awful lot of stuff created by people long dead that you could go ape with in the public domain under this model.
    36. Re:Don't stop at just the labels... by dada21 · · Score: 2, Insightful

      Copyright -- like any law that automatically creates monopoly forces "legally" -- eventually ends up with cartels in some manner. When you have laws that create a non-market-driven force, you can expect someone to try to take advantage of the laws to harm competition.

      The end result of copyright tends to be monopolization in the distribution portion, especially in music and video. This artificially-created cartelization leads to control of many other distribution markets -- radio, TV, concert venues (Chicago shows tend to be run mostly by a large monopoly called Jam Productions), etc. The FCC is also to blame here, as they've allowed the cartelization of copyright to also monopolize the airwaves -- again due strictly to government-legalized monopolization of a product that has a lot of supply, so they cap it.

      When a bad band is marketed (and produced) by those in control of the cartel/monopoly, that band is set at a higher level than a band that might be great but isn't part of the cartel/control scheme.

      Getting rid of monopoly would be huge in terms of leveling the playing field -- now bands have to not just write good music (and MANY popular bands don't write their music), they have to be able to PERFORM IT regularly as we would perform our jobs.

      You spend hours learning new coding techniques or learning new marketing techniques, etc, but it is your long term hours that you pay, not your education necessarily. In music, a band's "practice" and "writing" is like your continuing education -- it sets them apart from the competition by having a new product to offer directly (face to face).

    37. Re:Don't stop at just the labels... by spoco2 · · Score: 1

      All well and good for creative acts that can perform their works live. But what about some forms of music which can't readily be played live, yet are no less legitimate?

      And what about
      * Books
      * Painting/Drawing etc.
      * Photography
      * Sculpture

      ?

      How can they keep 'performing' their works live? Why should anyone be able to make copies of their works and profit from them?

      I don't get it at all.

      Am I just being dense?

    38. Re:Don't stop at just the labels... by Maxo-Texas · · Score: 4, Insightful

      And when that creator is a corporation and immortal?

      In any case 28 years from first commercial publication (otherwise the life of the creator) is plenty.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    39. Re:Don't stop at just the labels... by RedWizzard · · Score: 3, Insightful

      So would it be true to say that the purpose of copyright is to mimic depreciation in real-world goods? No. The purpose of copyright is to provide the greatest benefit to the comunity by providing an incentive to create in the form of an artificial monopoly for a limited duration.
    40. Re:Don't stop at just the labels... by nathanh · · Score: 1
      The GNU Public License rests solidly on copyright law. Take away copyrights, and anybody can take GPL software and release it as closed source.

      Take away copyright and there wouldn't be any need for the GPL because we could copy software freely.

    41. Re:Don't stop at just the labels... by arose · · Score: 1
      I guess I still just don't get how someone else can make profit from something that I created just because X years have gone by.
      But you don't seem to have trouble gasping why you should be able to control what two third parties do just because something you made the first copy of less then X years ago is somehow involved.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    42. Re:Don't stop at just the labels... by tepples · · Score: 2, Insightful

      So would it be true to say that the purpose of copyright is to mimic depreciation in real-world goods?

      The stated purpose of copyright under US constitutional law is "To promote the Progress of Science and useful Arts". Providing a government-granted monopoly that depreciates in a manner mimicking that of physical goods is a means to promoting the Progress, not an end. And since 1978, the depreciation curve is set so long that it creates a perverse incentive.

    43. Re:Don't stop at just the labels... by dada21 · · Score: 2, Insightful

      I'm a writer. I write so that people hire me for my knowledge that I don't write about -- I keep something aside. I also wrote newsletters for years that were subscription only (but I let people freely copy them). When I charged $20 a year, people copied them a lot -- and I got new subscribers. When I increased the cost, they didn't share so much. I made good income for a long time with that. Even with copyright, people MOSTLY believe in compensating someone for work if they get a benefit from it. Even though I download a portion of my movies and music from the black market, I will also compensate a performance that I like -- otherwise I just delete it.

      Paintings (my significant other is a contemporary-style painter, actually), that is where getting hired comes into play -- you paint for years to build a name, and then you sell individual pieces. People want the authentic piece, not the copy, generally. If you want to hit a wider crowd, make copies of your original, but sign them -- people pay for it. If someone wants to "bootleg" your painting, they have to invest the time to do so, and the knock-off may not be worth as much.

      Let's say you are a photographer or a painter or a writer and someone steals your copywritten work. What can you do? Do you think that 99% of creative "artists" out there can handle a copyright-violation lawsuit, or even afford a C&D letter? Doubtful. Copyright is not helping them.

    44. Re:Don't stop at just the labels... by mcubed · · Score: 0

      ...keep moving forward by working to repeal laws that instill any form of anti-market monopoly, such as copyright. I promote and produce for a few bands in the Chicago area, and I've worked hard to get them to repudiate monopoly. The bands that do make more money!

      While I'm certainly sympathetic to copyright reform, quite possibly even up to and including its eventual elimination, aren't you being a little short-sighted here? Copyright serves creators in a wide-range of fields with markedly different market dynamics than those that exist for bands in the Chicago area, or for that matter for bands in any area. What about symphony orchestras? What about graphic designers? What about novelists & short story writers? Photographers? Architects? The list goes on...

      Arguing that we should repeal copyright because a few bands in Chicago can make more money without it is, to put it mildly, unconvincing.

      Michael

      --
      "No live organism can continue for long to exist sanely under conditions of absolute reality;..."
    45. Re:Don't stop at just the labels... by tepples · · Score: 1

      And when that creator is a corporation and immortal?

      Then the author for purposes of determining copyright term should be the agent of the corporation who decreed "let it be published."

    46. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0
      This makes sense from a mechanical, product, 'make things work' standpoint... but it doesn't really hold, for me, for works of art.

      Tell that to Picasso. Probably the world's most successful "commercial" artist. Certainly of his time.
    47. Re:Don't stop at just the labels... by dada21 · · Score: 1

      If you're looking to earn a living from something, you're a profiteer -- regardless of what you think you are. If you are a "for the love of it" artist, don't complain if someone copies it for millions of others -- your art is getting out there.

      That being said, I did a market analysis about 10 years ago on the club scene in Chicago. I was a co-owner of a nightclub for 2 years. Most people went to nightclubs for a COMBINATION of alcohol, socializing and music. About 2% of the people I surveyed only chose 1 of the 3 items (actually, 4, sex was a choice). I believe around 6-8% chose 2, but the huge majority was there for 3 of the items. This means that live music, on its own, doesn't have enough value for a large enough market for sustainability. You need more than live music.

      Do you buy a car to sit in it or drive it on the road? Does the road maker deserve a profit? How about the company that makes traffic lights? Many markets require other markets to function efficiently.

    48. Re:Don't stop at just the labels... by cdw38 · · Score: 1

      edwardpickman, "Bar bands?" As in, small bands? Every band starts out as a "bar band." So sure, it will be hard to make a living off of playing small venues your whole career, but just about every band that "made it" in the history of music started off as a "bar band." And there have been a hundred times more "bar bands" that were just as talented but just lacked the lucky break that those who make it get. And, if you are referring to "bar bands" as any independent musician, you are completely wrong. Phish made it without ever signing with a major record label, starting out by playing at small venues and bars and whatnot, eventually ended up headlining New Years Eve at Madison Square Garden for a number of years and certainly made enough dough to live pretty comfortably.

    49. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      The corporation would claim itself as that agent. Corporations are people too, at least in the eyes of the law.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    50. Re:Don't stop at just the labels... by fishbowl · · Score: 1

      >This means that live music, on its own, doesn't have enough value for a large enough market for sustainability.

      It might mean that, for Chicago, 10 years ago.

      You might get different results in Austin, Nederland CO, etc.

      --
      -fb Everything not expressly forbidden is now mandatory.
    51. Re:Don't stop at just the labels... by Eskarel · · Score: 1

      And what good does a copyright do to a dead man anyway? Not sure whether I believe that the offspring of a man who created something ought to be rich just because one of their parents was very clever. Being related to someone who did something, doesn't really provide any value to society, and while it's all well and good for folks to take care of their children, kids don't have any sort of fundamental right to control things they didn't produce.

    52. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      The GPL isn't a holy cow. While I would also prefer copyright reform (though far shorter terms than you suggest), I don't care about the effects of reform on the GPL specifically. Very few works in the entire realm of copyright use the GPL, and the big picture is what's important.

      --
      -- 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.
    53. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 4, Informative

      Copyrights protect creative works once they are released into the public

      No, they protect works upon creation. Further, there is some desirability in them doing so, or else we might have people stealing manuscripts in order to get around copyright. This has happened in the past, more or less, and should be dealt with.

      I can put a circle-C (©) on a piece of original work and it is protected by law from that point forward.

      Actually it's protected once you fix the work in a tangible medium of expression. But I would agree that strict notice formalities are a good thing and should be brought back.

      Now, copyrights can be contested if prior art existed before you released your work and made your claim to copyright on it.

      I think that you're confusing copyrights and patents. Copyrightable works have to be original, but they don't have to be novel (i.e. never done before). Patents have to be novel. It's entirely possible for Alice to create a copyrightable work, and for Bob to independently create and identical work and for Bob's work to also be copyrightable. So long as Bob doesn't copy from Alice, it's fine. That the works are identical doesn't matter.

      free speech as they are not restricting original oration or free thinking

      Free speech has nothing to do with originality. If I recite Hamlet, I use my right of free speech just as much as if I recite something I wrote myself. Both original and unoriginal speech are the same for first amendment purposes.

      then an NDA is a good way to protect the rights of ownership

      No, not really.

      --
      -- 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.
    54. Re:Don't stop at just the labels... by larry+bagina · · Score: 1

      prior art is for patents.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    55. Re:Don't stop at just the labels... by tepples · · Score: 1

      The corporation would claim itself as that agent. Corporations are people too, at least in the eyes of the law.

      True, but they're not human beings. If the law mandates that the author's agent for copyright purposes be a human being, then we have a baseline on which to start the life-plus clock. No human author and the work gets the minimum copyright term.

    56. Re:Don't stop at just the labels... by larry+bagina · · Score: 2, Funny

      for a musician, not living in van is considered respectable.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    57. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      I hate to break it to you, but architectural drawings do get "life+70" copyrights. (That is what CADs are for, right?)

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    58. Re:Don't stop at just the labels... by Lost+Engineer · · Score: 3, Informative

      Not all contractual agreements hold up in court True. The ones that do not hold up shape future agreements. For instance California insists that all work done by an employed person on his own time with his own equipment is his, including intellectual property. This has led to employment contracts that make explicit what is done for the company. If not for the law and the court cases behind it, some companies would claim everything a person created while employed.
    59. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 2, Insightful

      I disagree.

      In no particular order:

      First, the term should chiefly be based upon publication, which would be the release of the work to the public via distribution of copies, public performance or display, etc. At that point, you're no longer worried about publishers sitting on works, which they are highly unlikely to do anyway, since then they face competition from other publishers for the exact same work. Remember: publishers exploit artists, but they don't compete against them; they compete against other publishers, and support copyrights for that reason. Between creation and publication could be a span of some time, but not too much, since 1) we don't want authors sitting on works (as copyright is meant to, among other things, promote the public interest in having works published), and 2) we don't want works not intended to be copyrighted and published getting copyrighted later, e.g. personal letters that later become interesting to scholars, etc. (as copyright is also meant to encourage creation and publication of works that otherwise wouldn't be created and published, and these sorts of works would have been without copyrights).

      Second, the terms can vary for different kinds of works. For example, computer software terms ought to be a lot shorter than the terms for proper literary works, like novels.

      Third, we want highly granular terms, so that the author has to frequently re-evidence his desire for a copyright. If an author only cares about copyright for 20 years, and there was only one 25 year term, then that term would be 5 years too long. With many short terms and a renewal process, the author could stop bothering to renew after 20 years and the copyright could end immediately (given 5 year terms renewable 4 times, but in this case only renewed 3 times). When we had renewal terms, the vast majority of works that were copyrighted to begin with were not renewed!

      Fourth, we also want formalities for initial registration so that works where the author doesn't care about copyright from the get-go become public domain works immediately. See the bit above about wanting to encourage the creation of works that otherwise wouldn't be created, but not to encourage the creation of works that would be created anyway.

      Fifth, ignore the lifetime of the creator. Fixed-year terms are far more predictable for both people investing in the copyright, for the author himself, and for third parties who are waiting for the work to hit the public domain. We can safely ignore the creator's family, since virtually no works are profitable to begin with, much less for a long period of time. Works that could be used by the family to provide for themselves are about as rare as the author leaving behind a winning lottery ticket. If you are concerned for the author's family, then you should not support copyright as a way of helping them, since it almost never does. Instead support things that do help them, and better still, are helpful for everyone, and not just the handful of fantastically successful creators out there: life insurance, social welfare systems, reliable investments, IRAs, etc. Authors who use those, rather than relying on copyrights, are actually helping their families. Copyrights as a means of support for survivors is criminally irresponsible.

      Sixth, studies indicate that for the tiny handful of works that have any economic value deriving from copyrights to begin with, that value is highly front-loaded. For example, a movie will earn 90% of its profits from its theatrical release within a few weeks, mostly during the first weekend. When it comes out on PPV, the same thing happens. Ditto for its release to rental stores and retail. Books, CDs, etc. are all pretty similar. A handful of works have lasting value, but they're so rare that it is foolish to create our policy around them, and granular renewal systems can help to weed the others out anyway. Other kinds of works (e.g. fine art) don't derive value from their copyrights. A poster of a Van Gogh is cheap. A perfect counterfei

      --
      -- 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.
    60. Re:Don't stop at just the labels... by repvik · · Score: 1

      Huh? That doesn't make sense. Copyright doesn't have any relation to whether or not the source is open or not.

      OpenSource != FreeAsInBeer.

    61. Re:Don't stop at just the labels... by repvik · · Score: 0, Flamebait

      Bull. A friend of mine lives off of playing music live. Maybe your friends just plain suck?

    62. Re:Don't stop at just the labels... by repvik · · Score: 5, Funny

      Are you kidding? Business? You are aware that musicians create art? They don't do this "business" thing. Create the art, and the money should appear. If not, it's the pirates fault.

    63. Re:Don't stop at just the labels... by Score+Whore · · Score: 1

      Using a phrase that spans the range from below poverty to the top 3% means you have failed to successfully convey your message. Even qualifying it by adding "respectable" lacks clarity.

    64. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 3, Insightful

      I guess I still just don't get how someone else can make profit from something that I created just because X years have gone by.

      Your problem is that you are looking at it backwards.

      The real question is, why should everyone in the world give a creator a monopoly over his work, merely because he created it? The natural state of a work is the public domain, where everyone can enjoy it. And the natural state of man is to have freedom of speech, which copyright is an infringement on.

      The answer is that if people think that giving a creator a monopoly will help the people more than it harms them, then it is in their own best interest to grant it.

      Think about a municipal cable tv company. They get a monopoly from the municipality to operate cable tv services for a period of time. No one thinks that they should just get one -- it's because the municipality is exploiting the tv company, getting them to install and maintain expensive infrastructure that they have to have in order to supply (and charge for) cable tv. Once the monopoly runs out, the municipality gets the infrastructure and can open it to competition (which is ideal, free markets, and all) or put it on the block for another time-limited monopoly, if it's worthwhile to do so. This is the deal, and both sides know it, and both find it to their advantage, so it works.

      In copyright, the public wants works to be created and published and in the public domain. Giving up a little of the latter temporarily results in a lot more of the former, so it is worth it to the public -- so long as it's limited in time and scope. The author wants as much of a monopoly as he can get, so he'll be happy with anything, but will also push for more, even when it's against the public interest, since it is in his interest to do so. This is where the false idea of 'I should get it forever merely because I created it' comes from. It's never actually been like that, you know.

      But during their life? Hmmm... not an easy sell to me.

      They should get the absolute minimum copyright that would still have caused them to create and publish the work. That's what the public wants from them. Giving them more is wasteful. It's like the city paying a billion dollars to have a contractor build a parking lot when a ten thousand dollars would've sufficed. Admittedly it is impossible to read the minds of authors, so we can't go case-by-case, but it's still possible to set things up so that it's better than a wasteful one-size-fits-all kind of thing.

      --
      -- 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.
    65. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      First, corporations were declared people in America precisely to prevent laws of that sort from being made. They have been covered under the 14th Amendment since the late 19th century. That's an abuse of the 14th, but it's not one that's going to be corrected any time soon.
      Second, I am against including "life" in copyright terms because we have no way of knowing how long anyone is going to live. "Life+" virtually guarantees that the copyright will last too long; copyright is primarily to benefit the artist, not his next of kin. "Life" alone encourages assassination for the public domain.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    66. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      Except that history proves otherwise. If anything, it points to the opposite.

      No it doesn't. Millions upon millions of works are created all the time. A handful have any lasting value at all. For example, how many books from the 18th century do you have? How many from the 20th? Do you even know what the most popular book in England in 1752 was? I doubt it; and almost no one cares, in fact. But I bet a lot of us here read the latest Harry Potter book.

      History proves that people don't give a crap about old stuff, with very very few exceptions.

      This idea has the problem of penalizing people who are innovative and ahead of their time

      So? Copyright is really nice because it only concentrates the profits of a work to the author. It doesn't guarantee any profits though. Van Gogh only ever sold one painting in his life. Copyright meant nothing to him, since no one cared about pirating his work. It did not protect him, since there was nothing to protect against. It did not help him, or incentivize him, since there were no profits to be had.

      It would be better to not give those people copyrights, since they don't help them any, and it's better to not have them at all in such a case.

      On the flip-side, it rewards people who make superficial, faddish junk that is soon forgotten.

      That is correct. Copyright is about quantity, not quality. The law has no way to judge artistic merit, much less what the people of the future will have in the way of artistic sensibilities. As far as copyright goes, a million different reality tv shows are better than the one best novel that no one will ever care to read because it looks boring. If you want to encourage good art, try the NEA. Copyright does not care about what's good or bad, only what's popular.

      --
      -- 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.
    67. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      Copyright exists more to protect publishers than authors. Publishers want monopolies. Without a copyright, there is no monopoly for any given work, and it's open to the free market. Reduce copyrights and the power of the publishers will diminish greatly. Why do you think they're the ones who are pushing for copyright all the time? If it worked against them, or gave artists power over them, they wouldn't.

      --
      -- 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.
    68. Re:Don't stop at just the labels... by TheoMurpse · · Score: 2
      I think that 30 years from creation, plus another 30 years IF the copyright holder explicitly renews his rights is fair.
      Copyright is supposed to be merely an agreement between society and the artist to grant a monopoly over a creative work for a set period of time. The consideration in return is that society will receive into the public domain for completely Free (libre) use, in order to improve society through artistic enjoyment. This is not up for debate.

      Thus, the only logical and fair way (unlike how the US copyright system has been bastardized) to set length of copyright is to ask, "What is the minimum amount of time required to entire artists to create art such that enough art will be created for the betterment of society?" Then, society should debate how much art is enough, and use that to answer the question.

      Using this logic, it is easy to ask: "How many artists refuse to create art unless they receive a guaranteed monopoly over the work for 60 years?" I'd be willing to bet that there is not a single artist that falls into this category.

      Of course all my argument goes to bunk if you believe that it is a natural right to retain control over your artistic creations, but then there is no justification for temporary copyrights, only copyrights in perpetuity. I'm a consequentialist, and think copyrights in perpetuity are ridiculous; I suspect almost every Slashdotter is as well. Probably most of the world population as well.

      http://en.wikipedia.org/wiki/Philosophy_of_copyrig ht
    69. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      Speaking as a software developer I can't disagree more? I sell 1 copy and then what, expect donations to feed my family? If anything we need to stop lumping all IP together into 1 "copyright" catagory.

    70. Re:Don't stop at just the labels... by dangitman · · Score: 1

      No it doesn't. Millions upon millions of works are created all the time. A handful have any lasting value at all.

      Right. And those are the ones with the most value to humanity. So, why should we discourage making great works that stand the test of time, and encourage disposable crap? I thought I made this point rather clear in my previous post.

      Copyright does not care about what's good or bad, only what's popular.

      And if the copyright term is too short, it only matters what is popular right now, or how quickly you can get it to market. This has an effect on the profitability of "good" versus "bad" works. Copyright may not care (how can it? It's not sentient), but it certainly has an effect.

      --
      ... and then they built the supercollider.
    71. Re:Don't stop at just the labels... by LittleBigLui · · Score: 1
      (sig)

      dd if=legal of=illegal


      Clever. dd if=arose.sig of=LittleBigLui.sig, if you don't mind.
      --
      Free as in mason.
    72. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1
      Oh come on. Without copyright there IS no closed source. There would be no law to keep me from using it.
      Attention all Slashdot users: iminplaya has learned how to take win.exe and reconstruct the C++ source code! At least, that's what he claims would happen if copyright did not exist. Somehow if copyright did not exist, he would have the ability to take an EXE and reconstruct the precise source code in the original language, not in reverse-engineered assembly.
    73. Re:Don't stop at just the labels... by dangitman · · Score: 1

      And what good does a copyright do to a dead man anyway?

      Nothing. that was just to illustrate the point about how long it can take for radical new ideas to catch on. Fortunately many manage to earn their success before they die. But for many great works it takes a lot more than 5 years. Heck, many works take more than 5 years to make.

      Not sure whether I believe that the offspring of a man who created something ought to be rich just because one of their parents was very clever.

      Good thing I never suggested that, isn't it?

      --
      ... and then they built the supercollider.
    74. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0
      Conversely, it prevents advertisers, politicians, ideologues or other unsavoury types from using it in ways they might not like.

      But as members of the same society as the artist(s), these scumsuckers have as much right to it as the band. Everything is built on everything...look at inventions. Most of the major inventions that have shaped our lives were invented on opposite ends of the world, within days/months/years of eachother. Just because someone published his/her findings first (globally) they became immensely rich, while the Other Folks got diddly squat because their ideas took 2.5 years to formulate, instead of 2.49. There is a reason why people invent things simultaneously: they're basing their work on the findings of those who came before them.

    75. Re:Don't stop at just the labels... by TheoMurpse · · Score: 2, Interesting
      But even where there is no copyright there is the _fact_ of authorship. That is the closing can only legally be done with the correct attribution ie, "derived from project X" or based on code from "Jo Public". Take away those attributions and the closing author is committing fraud, claiming something that is their work independent of the true author.
      I do not believe that the right of attribution is a natural right because (as made obvious by so many anonymous creations) many people give away their right of attribution. Thus, it is alienable, and not a natural right. Natural rights are inalienable.

      Therefore, if the right of attribution is alienable, there is no reason that a system without copyright would include a system of attribution.
    76. Re:Don't stop at just the labels... by Corpuscavernosa · · Score: 1

      Unfortunately as long as Disney is around, expect enormous lobby efforts to extend copyright. Mickey, Donald, et al., were set to go into the public domain not too long ago... with new legislation, they're poised to continue for many more years.

      --
      We figured out a long time ago that it's easier to elect seven judges than to elect 132 legislators.
    77. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1
      Copyright only helps the distribution cartels
      If you're speaking exclusively of the domain of music, I have no argument at this time. However, if you are speaking in general about copyright of any artistic work, I beg to differ. I recall reading something where James Joyce wrote novels as a profession and only for the money. Thus, Ulysses, arguably the greatest literary work of the 20th century (definitely one of the most influential), would have not been written had a copyright system not been in existence.

      Of course, in typical Slashdottian fashion, I cannot find this source. However, I'm pretty sure I read this when I was researching arguments for and against copyright ages ago.
    78. Re:Don't stop at just the labels... by Kjella · · Score: 1

      Without copyright and the protection of copyright notices, you're only left with fraud. Let's pull up a definition of fraud:
      "In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them usually, to obtain property or services from him or her unjustly. [1] Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar."

      The point is that you must be decieving the one recieving it. If someone asks for a Metallica song, then selling them music from a different band is fraud. If someone wants to hire you as a song writer, claiming you wrote it is fraud. But if I take the GIMP, rebrand it as "My photo editor" and sell it without any claims of authorship, then it's not fraud. The customer came wanting a photo editor, he got a photo editor. The author would be pissed as all hell, but it still doesn't make it fraud.

      --
      Live today, because you never know what tomorrow brings
    79. Re:Don't stop at just the labels... by Alioth · · Score: 1

      Why shouldn't a builder be paid for building one house for the rest of their lives?

      The rest of us have to continue working to make an income. I don't see why artists should be any different.

    80. Re:Don't stop at just the labels... by whyloginwhysubscribe · · Score: 1

      I think the real money is in being a cover's band - rather than playing your original work... Is that what you did?

    81. Re:Don't stop at just the labels... by Gary+van+der+Merwe · · Score: 3, Insightful
      Oh come on. Without copyright there IS no closed source. There would be no law to keep me from using it.
      So explain to me how you fix a bug in a derived version that you only have a binary for? The main point of the GPL is not just to ensure freedom to redistribute, but to ensure other freedoms like the ability to improve the program, or to study how the program works.
    82. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0
      Why shouldn't an artist continue to reap the rewards of a creation of theirs for the entire lives?

      Damn right, and every house painter should continue to be be paid by the owners of every house he ever painted for the rest of his natural life, and his kids should get some too.

      Sounds fair to me. Where do I sign up to this "work once earn forever" scheme?

    83. Re:Don't stop at just the labels... by foreverdisillusioned · · Score: 1

      60 years is WAY too long. Can you imagine a piece of 60-year-old software that would be even remotely relevant anymore? Actually, I think that software should be dealt with seperately--perhaps a 5-10 year term--but general (artistic) copyright shouldn't last more than 15-20. There's just no reason for it; 15 years from now, the little guys will NOT be selling significant quantities of their novels/CDs/movies. Only the biggest fish in the pond stand to benefit (the ones who've already made millions of dollars) so what's your justification for letting them continue their monopoly for decades more?

      Metallica isn't starving on the streets... neither is Microsoft. Joe Artist (or Coder) Sixpack is either cranking out the little hits, or he's long since moved on to his fallback career--he's not going to care if he missed out on the handful of sales he sees every year from his decade-old work. Considering how much the public stands to GAIN (just imagine, free online copies of EVERYTHING written before 1991. Windows 95 in the public domain...), I just don't see the point in letting the rich become even richer without lifting a finger.

    84. Re:Don't stop at just the labels... by nstlgc · · Score: 1, Troll

      Artists don't have a natural right to control how their work is used after they distribute it.
      Excuse me? I think I have more "natural rights" to control how my work is used than you have "natural rights" to make money piggybackriding my work.

      --
      I'm Rocco. I'm the +5 Funny man.
    85. Re:Don't stop at just the labels... by foreverdisillusioned · · Score: 1

      Where have you been? Much of Windows' source code was leaked years ago. I'd wager that major code leaks would be inevitable in ANY sizable company. And even if they manage to stamp out most leaks using draconian security measures, what's to stop the OSS crowd from using a combination of source code, binaries (remember, they'd be public domain too!), and leaked APIs?

    86. Re:Don't stop at just the labels... by foreverdisillusioned · · Score: 1

      How about 5-10 years after public publication? "Private publication" would exclude any mass media (or any distribution at all not targeted at specific individuals, e.g. your publisher, book critics, etc.) and any for-profit distribution. Prior to public distribution, copyright would last a very long time--30+ years is fine. After public distribution has begun, I don't see any justification for paying someone for work they did DECADES ago. If your book is still selling *significant* quantities 10 years later, then you are (almost certainly) already a millionare and the benefits for society as a whole far outweigh your "right" to become even more obscenely rich.

    87. Re:Don't stop at just the labels... by Brad+Eleven · · Score: 1

      Guitar Hero II features two ways for your band to make money: live gigs and sponsorships.

      I'm still amazed at how the big labels managed to foist the cost of ads for the band--I mean, music videos--onto the band. Sure, TLC had groundbreaking CGI--and they went bankrupt paying for it.

      --
      "Press to test."
      (click)
      "Release to detonate."
    88. Re:Don't stop at just the labels... by superiority · · Score: 1

      And what good does property do to a dead man anyway? Not sure whether I believe that the offspring of a man who earned some money ought to be rich just because one of their parents was very hard-working. After all, being related to someone who bought something, doesn't really provide any value to society, and while it's all well and good for folks to take care of their children, kids don't have any sort of fundamental right to own things they didn't earn. Have all possessions and wealth confiscated upon death, I say. If something is jointly owned, sell it and reimburse the other owners with the amount of the profits they are entitled to. Don't forget charity and gift-giving: this is functionally identical to inheritance, only without a dead person, so we've got to outlaw that as well. Fun!

    89. Re:Don't stop at just the labels... by Sique · · Score: 2, Insightful

      This makes sense from a mechanical, product, 'make things work' standpoint... but it doesn't really hold, for me, for works of art. So, by having short copyright I can take Harry Potter, chop it up a bit, put a couple of different names in it and make a new book out of it? How does that work? Because you are feed with cultural artefacts from your very first day on earth. Your mother singing lullabies to you, your grandma reading fairy tales to you, your friends telling you stories what happened or what they would like to happen.

      Most of that stuff is in the public domain. And it is the very foundation you can build your Work of Art on. Work of Arts don't drop out of nothing, they are based on a huge cultural fundament you mostly got for free, because the society around you is nurturing you with associations, notations, languages, melodies, situations, relations...

      Samuel Longhorne Clemens (also known as Mark Twain) once talked to the local priest: Your sermon today was magnificent! But I have a book at home which contains every word of it! The priest was very offended until Mark Twain showed him the book: the dictionary.

      If you ever manage to create an appreciated Work of Art which doesn't need the free cultural environment of you and the admirers of the Work, you get my personal permission to enjoy the copyrights as long as you want.
      --
      .sig: Sique *sigh*
    90. Re:Don't stop at just the labels... by Kris_J · · Score: 2, Interesting
      So, by having short copyright I can take Harry Potter, chop it up a bit, put a couple of different names in it and make a new book out of it? How does that work?
      See Fanfic. (Actually, that page is a pretty good discussion of the stuff we're talking about now.)
    91. Re:Don't stop at just the labels... by edwardpickman · · Score: 1

      It's not completely false just because you had a different experience and I'm not sure what you consider significant profits? Being able to aford a corndog after the session aren't significant profits. I have known and still know a number of people trying to play small venues and there's just too much competition. They generally are paid little or nothing so they have no choice but to hawk tshirt for a little cash to keep going. Why keep going? Here's the ironic twist to your angle, most I know are trying to get the attention of big distributors not to get rich so much as to get their music out there. Just because ten thousand people can now get material released doesn't make it better. Disagree? Go to Blockbuster. The great equalizer in film was cheap video equipment. I used to be a big horror movie fan. I won't rent them anymore. Most of what's released are little more than home movies and they are all awful. Haven't seen a single one worth watching. The cheap video releases have flooded the market with cheap content and now no one can make a profit. I shot two low budget films and we lost money because the distributors were only willing to pay in line with what the no budget films cost them. All the people I knew in low budget films got out, no money in it. The same will happen with music. The big music companies will cry reduced profits and squeeze the artists even harder. Just because you signed with a label doesn't mean you hit it big. In the old days they'd give an artists years to get on their feet. Now they have one album and if it isn't a hit they are generally shown the door. What's wrong with the free market system? It's worked for thousands of years. Capitalism used to be good thing. Don't want to pay for it then live without. Trust me not having the latest hot album won't kill you and if you want it that bad stick a crowbar in your wallet and hack up the money. That way they get to make more music rather than working the night shift at Taco Bell so they can record during the day. You get paid for your time why shouldn't they? If you really are trying to promote musicians why on earth would you be fighting for a system that doesn't pay them but forces them to sell tshirts to pay for the new amp so they can keep playing?

    92. Re:Don't stop at just the labels... by Aladrin · · Score: 2, Insightful

      I miss BadAnalogyGuy, but you'll do fine in his stead. ;)

      Because that's a different kind of agreement. A builder is contracted to provide a product 1 time for a set price. That same builder could easily build the house himself and keep it, then rent it out. Then it WILL provide income for the rest of his life.

      Writers are the same. They could write a script to certain specs and hand it over for a set fee. Or they could write a script and then agree to release it if given money each time it is used. Historically, they have chosen to receive fees for usage. (From the publisher, not the consumer.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    93. Re:Don't stop at just the labels... by CmdrGravy · · Score: 1

      Hah hah hah ha. I imagine potato farming is way way harder than creating an awful lot of what passes for art these days.

    94. Re:Don't stop at just the labels... by arose · · Score: 1

      Curse your double ROT13-breaking meta-piracy tools!

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    95. Re:Don't stop at just the labels... by Wite_Noiz · · Score: 1, Insightful

      The whole "if we reduce the length of copyright, they'll make more stuff" argument only holds up for certain examples.

      The downside to this idea is that 5 to 10 years won't be enough time to make a worthwhile profit on certain material.
      If an artist decides that a certain creation is going to cost too much to make a worthwhile profit within the time span, they might not create it at all.

      Market forces state a popular creation will profit faster - but some of the most ground-breaking music/writing was definitely not popular when it was conceived.

      Copyright should be there to help promote innovation by helping the innovators to make a profit on what they have done.

      While I can't think of the best solution, a blanket 10, 20, 30 years won't solve the problem.
      Which takes more effort: an author writing a short story, an author writing a novel, an artist taking a decade to write a ground-breaking new album, a computer generating a new techo album in a few hours?

      It's a flawed implementation of a necessary concept.

    96. Re:Don't stop at just the labels... by mangu · · Score: 1
      by having short copyright I can take Harry Potter, chop it up a bit, put a couple of different names in it and make a new book out of it?


      Exactly. Many writers have done it with Sherlock Holmes, for instance. With authorization from the copyright holders it can be also done with works whose copyright is still in force. An example of this case is David Brin, who has written continuations of Isaac Asimov's "Foundation" series after Asimov died. The only difference in this case is that Isaac Asimov's heirs get a cut of the sales, while Conan Doyle's heirs get nothing from stories that people write today using Sherlock Holmes.

    97. Re:Don't stop at just the labels... by BlueBlade · · Score: 1
      The GNU Public License rests solidly on copyright law. Take away copyrights, and anybody can take GPL software and release it as closed source.

      I never understood that argument. Without copyright laws, there would be no need for the GPL, because by definition source code couldn't be copyrighted. A company couldn't "release it as closed source" as you say, because without copyright, as soon as source code is leaked, it's public domain and can be used freely.

      I understand that there are patents and such that would still be a hindrance, but without copyright laws, "closed source" would simply cease to exist.

      --
      Religion is the best example of mass psychosis
    98. Re:Don't stop at just the labels... by zotz · · Score: 1

      Would you be so kind as to take a look at my post here and let me have some feedback?

      http://slashdot.org/~zotz/journal/154538

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    99. Re:Don't stop at just the labels... by mangu · · Score: 1
      I still just don't get how someone else can make profit from something that I created just because X years have gone by


      Their making money has nothing to do with you. If I sell a tool and someone else uses that tool to make a product he sells, should I get his profit? A copyright is just a way to ensure that an artist will have a chance to live from his work, it shouldn't be an unlimited licence to profit.


      However, if it's other people profiting that bothers you, look at it this way: if you cannot make a profit from a work whose copyright has expired, then how would those other people profit? Given similar prices, it's a reasonable assumption that people would prefer to buy from the artist himself. So, if the people who make copies from your art can get a profit, you can profit too, even if there is no copyright.

    100. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      Your economic assumptions assume a performance band. Not all musicians can (economically) or want to perform live. Sure, scrappy rock-n-roll bands will do ok here -- they won't get super rich, but they'll make a living. But not everybody can do the constant touring lifestyle. Are orchestras going to get by on t-shirts and bumper stickers.

    101. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      >> No it doesn't. Millions upon millions of works are created all the time. A handful have any lasting value at all.

      > Right. And those are the ones with the most value to humanity. So, why should we discourage making great works that stand the test of time, and encourage disposable crap? I thought I made this point rather clear in my previous post.

      How do we "discourage making great works that stand the test of time", exactly?

      > Copyright does not care about what's good or bad, only what's popular.

      As you said, Copyright does not care at all. Copyright is not a sentient being.

      If you mean society, society cares to get something into public domain, for every one to have.

      Should society not get enough useful works into public domain, society will fall back into menial life only (because so far, menial work always needs to be done, although it makes one stupid), and there will be a new aristocracy of "people who make and buy art and knowledge" that has access to art and knowledge. The menial worker wouldn't care because hey, he never saw anything of it, nor would he be able to make any sense of it because all the base works he'd need to understand this one is copyrighted by others half across the globe, and it gets unwieldy very quickly.

      If you mean the author, a greedy author wants to get infinite copyright. But in reality if he doesn't get enough copyright to pay for his expenses, he'll stop being an author.

      > And if the copyright term is too short, it only matters what is popular right now, or how quickly you can get it to market.

      Having Copyright start from the publication date rectifies that. So you can sit on it as long as you like, it just won't do you any financial good. When you finally decide to publish (and it better be the right time for it), the you get to reap profits (if any) for a few months or maybe (very very) few years.

      > This has an effect on the profitability of "good" versus "bad" works.

      That really depends a lot on the definition of "good" vs. "bad" which is far from clear here.

    102. Re:Don't stop at just the labels... by gsslay · · Score: 1
      If a farmer could grow a single field of potatoes and get paid for them over and over again for the rest of his life, the world would starve.

      So... as this is the case for musicians, the world must be starved of music?

      Hmmm, doesn't appear to be the case. So your comparison is totally flawed. I guess music and art isn't anything like potatoes.

    103. Re:Don't stop at just the labels... by Palinchron · · Score: 1

      The point is that without copyright, it simply wouldn't be lucrative to write closed-source software anymore. If anyone can legally download, distribute, and use your software without paying license costs or loyalties, who will buy your software?

      --
      The lesson here is that a sufficiently large corporation is indistinguishable from government. --ultranova
    104. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      > Because that's a different kind of agreement. A builder is contracted to provide a product 1 time for a set price.

      > That same builder could easily build the house himself and keep it, then rent it out. Then it WILL provide income for the rest of his life.

      Funny that you mention that. Renting an apartment has always struck me as odd when you could just buy it by taking up debt and paying much much less in the long run than when you had rent it (assuming that apartment holds together for 10 years, which it should ;)).

      The problem would be when it would become customary for builders not to sell houses and they see living on the rent they make on them as their inalienable right.

      > Writers are the same. They could write a script to certain specs and hand it over for a set fee. Or they could write a script and then agree to release it if given money each time it is used. Historically, they have chosen to receive fees for usage. (From the publisher, not the consumer.)

      The difference is that the writer wrote something (hopefully) unique (because society has influenced the writer in a unique way) that a million monkeys typing on typewriters for 100 years could never create on their own (obviously) and that even another writer down the street couldn't write (because he was influenced by society _slightly_ differently), while the house builder builds the house in pretty much the same way we've ever built houses, that is: just for one purpose: to keep the occupant warm and fuzzy.

      The problem is that that uniqueness and non-obviousness gives the writer obscene power which is why he can make demands like "I want to be paid for every use" to begin with. If he wanted and his (let's say scientific) work were important enough, he could just demand reigning the country or something in order for him to tell us about his discoveries.
      And that's why the time he can excert this power needs to be severely limited, lest he takes control of the very world and concentrates half of the printed money on his account, disrupting the market, eventually turning it into a country where he dictates everything that happens and can happen.

      Oh wait. Sounds familiar.

    105. Re:Don't stop at just the labels... by Shihar · · Score: 1

      No, bits and pieces of the source code have been leaked. Small bits and pieces. No one (other then Microsoft) has anything other then a few code fragments. Microsoft keeps its source code closed not through copyright, but through secrecy, Copyright is just the legal hammer they used to whack people when they manage to sneak off with a small chunk of the code.

    106. Re:Don't stop at just the labels... by coogan · · Score: 1

      Sure, CD sales account for some profit, especially on tour, but there is little reason to think that a band needs a label just for radio exposure or MTV The only thing getting exposure on MTV IMHO are the adverts!
    107. Re:Don't stop at just the labels... by mdwstmusik · · Score: 1

      You are aware that musicians create art? If you want to make a living at it, that would be "commercial" art.

      They don't do this "business" thing. Correction, the ones that starve don't do the "business" thing.

      Create the art, and the money should appear? Since when? I use to believe that, of course I also use to believe that if I put a recording of a song that I just wrote under my pillow before I went to bed at night, when I woke up, there'd be money under my pillow. Then, I grew up. Even before the modern music business evolved, wealthily people commissioned composers to create music that they (the wealthy commissioners) liked. I personally know a couple of very successful songwriters. (with Gold and Platinum records on their living room walls) They write songs first to make a living and second because it's what they love to do.

      If not, it's the pirates fault. So now it's 'pirates' who prevent 'BAR BANDS' (that was what we were talking about) from making a decent living? That comment, and perhaps your entire post, is either sarcasm or 'flame bait'. It's hard to tell which.

      --
      "Oh, what sad times these are when passing ruffians can say 'ni' to helpless old ladies."
    108. Re:Don't stop at just the labels... by FLEB · · Score: 1

      Well, it's not so much "starved" as a diet consisting mainly of cheap high-fructose corn syrup.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    109. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      Even if you can't reconstruct it exactly, you can still still use it without any legal hassles. Nobody can stop you. You can make and give out all the copies you want. You can still build on top of it, and improve it even if it is a bit more kludgy than Wondows already is. You can use bits and pieces for for your own purposes. You can do all sorts of things that copyright prohibits. And the best part is that even without copyright everybody still gets paid when they perform what they were contracted to do. Copyright has only one purpose in life. That's to restrict the flow of information and who can distribute. It serves as one of the biggest impediments to human progress we have today. Just look at OSS. The biggist thing there has become licensing, distracting the developers from accomplishing any real work. We shouldn't need a CVS repository for GPL. We don't want a 25KB license in a 5KB program. Copyright is a ball and chain that serves the interests of very few people and groups.

      --
      What?
    110. Re:Don't stop at just the labels... by mdwstmusik · · Score: 1

      I think the real money is in being a cover's band - rather than playing your original work... Is that what you did?

      Actually, I did both. You'll never make a living playing 9 or 10 originals for a cut of the door at an underage Punk Rock show once every couple of months. That doesn't mean that you have to give that up. You just have to do something more profitable during the times that those shows aren't going on. For me, that might mean doing "cheesy" acoustic covers during happy hour at the local Country club on a Wednesday night so I could 'afford' to do a 'songwriter's showcase' on Saturday night. Yea, playing "Margaritaville" sucks, but again, for me, it's way better than flipping burgers, and those gigs usually paid $100+ per. hour.

      --
      "Oh, what sad times these are when passing ruffians can say 'ni' to helpless old ladies."
    111. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      The purpose of copyright is to provide the greatest benefit to the comunity by providing an incentive to create...

      Wow, great! I've been waiting for some new Hendrix, Morrison, and Joplin for thirty years! Dig 'em up amd make 'em get to work!

    112. Re:Don't stop at just the labels... by zootm · · Score: 1

      People who want the support that only you can provide since you don't release the source code to anyone.

    113. Re:Don't stop at just the labels... by Jesus_666 · · Score: 1

      Disney makes a movie, let's say a rendered one. Who's the artist? The lead character designer? The storyboard author? The company? Most probably the rights reside with the company. Do you really want Disney to retain the rights to everythng they ever prodused until eternity? (Remember, companies rarely really die; they tend to get bought out when they're in a bad shape.)

      Of course you could tie it to the lifespan of everyone involved, but that leaves other loopholes.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    114. Re:Don't stop at just the labels... by Overzeetop · · Score: 2, Insightful

      This is going to sound harsh, so I'm going to preface it by saying I'm not trying to be mean or spiteful.

      Not everyone is a great musician, and being able to make a living by being a musician and playing just the stuff you like is not a God-given right. I have a sister who wanted to get into the entertainment biz. She tried for several years to get into it, and had some minor success, but she just couldn't make a living at it. OF course, now she's a loose ends. She's over 30 and has never had an 8-5 job - she doens't understand it and can't imaging actually going to work every day, for 8 hours a day. But you know what - that's what most people do to make a living, and they "play" during their free time. She will, most probably, end up with a job doing community theater, or singing gigs on the weekends, because the stuff she likes to do just isn't popular enough to pay the bills. I think she could have done well in certain other venues, but she wanted to do her thing.

      Sometimes doing what you love to do just doesn't make enough money to pay the bills, and you have to be like everyone else and go get a real job.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    115. Re:Don't stop at just the labels... by poot_rootbeer · · Score: 1

      (In case the artist dies shortly after creating a work, their family should benefit from profits).

      Why? The family didn't contribute anything to the progress of the arts; the late artist did.

      Not that I disagree that some amount of post-death protection is advisable. We don't want evil media companies killing off creative artists just to force their works into the public domain.

    116. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      So explain to me how you fix a bug in a derived version that you only have a binary for?

      Well, the fact that you can disassemble, reverse engineer, up load it to anybody else who's interested, etc. to your heart's content without having to worry about the cops busting down your door, could provide a little incentive. GPL simply exists because of and as an alternative to "regular" copyright. And without copyright, you have all the freedom you want to study, explore, improve, redistribute any program. It is copyright that prevents you from doing those things. GPL is just taking a brick out of that wall. We need to knock it down completely.

      --
      What?
    117. Re:Don't stop at just the labels... by mdwh2 · · Score: 1

      So, by having short copyright I can take Harry Potter, chop it up a bit, put a couple of different names in it and make a new book out of it? How does that work?

      You could do that now with Shakespeare, so I don't see what the problem is. Whether you could make any money out of it is another matter.

    118. Re:Don't stop at just the labels... by poot_rootbeer · · Score: 1

      A musician can get a job making music for industrial purposes (movies, TV shows, even local productions such as local TV commercials, etc). A musician can get a job teaching others how to play music. A musician can get a job working on soundtracks for video games or other goods.

      Unlikely. Every music school composition student dreams of being the next John Williams, but few have a chance of even being the next John Williams's Orchestrator's Copyist's Assistant. There's simply way more candidates than work available in the field.

      If you're a tiny band and I bootleg your music, you have NO chance of suing me and winning -- I probably have more money than you

      Perhaps, but I have fact of law on my side. The only time we'll be spending in court is working out exactly how much of your money you will have to give to me, because if I have a registered copyright and you were caught red-handed distributing my work without my permission, you have already lost.

    119. Re:Don't stop at just the labels... by arkanes · · Score: 2, Insightful

      I don't think you know what natural rights are. Go read a fucking book.

    120. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      I'm not so sure about the "respectable 5 figures a year, after expenses." statement.

      Let assume the best here.

      Number of people at show: 400
      Dollars per head earned: $4
      Merchandice sales per week: $2500 (roughly 125 shirts or other $20 items)

      I've also graciously assumed that nearly 50% of the people at the show are going to pony up for a $20 items from the band table. (I always, when I have the money, buy something from the band table because I know they keep all of the profits from this stuff.) Since 40% markup on merchandice is the norm, you end up with the following:

      2500 / 40% = $1000 (Merchandise)
      400 * $4 = $1600 (Income)

      With 4 band members that works out to about $100 per hour. This sounds great until you realise they only work about 4 hours a week. That works out to roughly $400 per week or less then $20K per year. (Notice I have not included anything here to cover band expenses such as gas, equipment, or vehicle maintainence.) Even in regions where the cost of living is incredibly low you don't enter "respectable" until $30K. In a place like NYC or SF and other high cost of living places, "respectable" is more like $60K.
      There are of course benefits...they get to do what they love, even small bands have groupies, free beer, the adoration of their fans. And if they want to double their income they can work two 4 hour nights a week.

    121. Re:Don't stop at just the labels... by nstlgc · · Score: 1

      Mind the quotes, my dear. Mind the quotes.

      --
      I'm Rocco. I'm the +5 Funny man.
    122. Re:Don't stop at just the labels... by mikeisme77 · · Score: 1
      This, as well as many other posts here, ignore the fact that when you lose copyright to a work you lose copyright to the characters... So, with a series like Harry Potter or Hitchhiker's Guide to the Galaxy these authors would only have exclusive rights to their characters for the duration of the copyright. After which any movie studio, publisher, etc. is free not only to exploit these characters but make derivative works that could destroy these franchises. In some cases (such as the Peanuts) the characters are worth more than the original works themselves. The original creator/copyright holder continue to use these characters for many years, but if these were released to public domain and everybody could use them then there would be a flood of (more than likely crappy) derivative works that could confuse consumers and jeopardize the franchise. Alternatively, some movie studio that sees a series (like Harry Potter) is popular could simply have somebody create a film using the characters/story without the author ever seeing any benefit from it since movie derivative of books normally come out 5-10 (or even longer) from the publication of the book. Why shouldn't creators of work that's this memorable and can span multiple mediums be allowed to cash in on these things? As you said the original work tends not to create that much cash, and even with a successful novel you won't make 1/10th as much as a successful novel that becomes a successful motion picture and spawns all sorts of merchandise deals and such.

      While I agree 100% that copyright is too long as it currently stands, a 5-10 year copyright is far too short. 15 years I can see as being acceptable, but I still think a 30 year copyright is the ideal solution--long enough that nobody can sit on a work or profit too much from any work created off of the initial steam from the work, and preserves the characters created for a decent amount of time. However, I think that's still short enough that it can happen in a person's lifetime so that they can use it if they really want to.

    123. Re:Don't stop at just the labels... by cayenne8 · · Score: 1
      "The songs you sing when you're 20 are goofy when you're 30. Imagine being the Ramones and singing "Now I wanna sniff some glue" when you're in your 50s."

      Depends, I guess, on the quality of music you listen to when you're 20.

      "You are young and life is long and there is time to kill today

      And then the one day you find ten years have got behind you

      No one told you when to run, you missed the starting gun

      And you run and you run to catch up with the sun, but it's sinking

      And racing around to come up behind you again

      The sun is the same in the relative way, but you're older

      And shorter of breath and one day closer to death"

      I dunno...I find this as 'TIMEless' now as the first time I heard it...and I was only about 10-13 yrs old when I first heard that for the first time...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    124. Re:Don't stop at just the labels... by Gr8Apes · · Score: 1

      I prefer the original US limits of 14 years, plus another 14 years, both needing explicit registration and I believe a copy of the registered work. However, I do modernize that with automatic copyright for a period of a year to register. That would be better. You'll make most of your money within the first 4-5 years nowadays anyways.

      I also believe that copyrights shouldn't be transferable to corporations. They should stay with the individuals responsible. Now that would create some incentive for a corporation to keep the people involved in creation happy. It certainly would spell the end of the entertainment distribution industry as we know it.

      --
      The cesspool just got a check and balance.
    125. Re:Don't stop at just the labels... by Tim+C · · Score: 1

      I think you'll find it was sarcasm, parodying the stereotypical attitude of most creative people (including programmers, who tend to shy away from the business side of things too).

    126. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0
      Why shouldn't an artist continue to reap the rewards of a creation of theirs for the entire lives?


      Corporations are legally considered to be people, and thus a corporation could potentially "live" for 100s, if not 1000s of years or longer. 30-60 years sounds like a reasonable limit to me, so what we're essentially saying that you can keep the copyright for as long as a human would normally be expected to live. If some medical miracle occurs extending our lifetime to 200 or 400 years, then we can revise this policy. But just to say "as long as you live" will give too much power to the corporations.
    127. Re:Don't stop at just the labels... by gsslay · · Score: 1

      As long as you have money, your diet is no-one's fault but your own.

    128. Re:Don't stop at just the labels... by Hatta · · Score: 1

      Why shouldn't an artist continue to reap the rewards of a creation of theirs for the entire lives?

      Why shouldn't a brick layer continue to reap the rewards of a creation of theirs for their entire lives? Where I come from, you do a days work, you get paid for it and you're done. You want more pay, you do more work. What makes "artists" so different from any other laborer?

      --
      Give me Classic Slashdot or give me death!
    129. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0
      Without copyright there IS no closed source. There would be no law to keep me from using it.


      If I write a "Hello World" program, compile it, and send you the binary, there's no way for you to get the exact original source I had used to type it. Even if you use a disasembler, you'll have no way to recover what comments I might have inserted into the source code.

      The code is closed-sourced, and your inability to gain access to the source code is of a technical nature, not a legal one.
    130. Re:Don't stop at just the labels... by cayenne8 · · Score: 1
      "Funny that you mention that. Renting an apartment has always struck me as odd when you could just buy it by taking up debt and paying much much less in the long run than when you had rent it (assuming that apartment holds together for 10 years, which it should ;))."

      Well, the catch is...most people are in debt, and don't have a spare $25K-$30K+ as a 10% downpayment on a house. I mean, in the US, the avg. price for a home is now about $264k.

      Heck, many people don't even have that much saved for retirement...sad but true.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    131. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      This, as well as many other posts here, ignore the fact that when you lose copyright to a work you lose copyright to the character

      The post didnt ignore it so much as was somewhat general. I should cover every small issue every time?

      Anyway, yes, that's true. So what?

      After which any movie studio, publisher, etc. is free not only to exploit these characters but make derivative works that could destroy these franchises.

      No, they can't harm the franchise particularly. Sure, you could have the Disney version of Harry Potter or whatever. But there would still be two significant things about it. First, the character attributes would only enter the public domain as the work they were introduced in did. So if the first HP book hits the public domain, then while you could make a movie of it, you couldn't include details that were relevant but which didn't appear until later books. Nor could you go ahead and start on the next book in the series. This would tend to create forks of the franchise. There would be the original version, and a bunch of parallel versions.

      This is a good thing. It opens up the franchise to competition, and lets the public decide which version is best. For example, imagine if the maximum term with renewals was 25 years. Star Wars came out in 1977, so it would hit the public domain in 2003. That would mean that new sequels (of the first movie, which weren't based on the others, which would be copyrighted a bit longer still) could be made. Better yet, new prequels could be made, which didn't have Lucas' involvement, and which didn't suck as much as his did.

      The creators of a work would have their shot at it, but ultimately so would everyone else. Plenty of works like this exist. The earliest example I can think of are Homer's great epic poems the Illiad and the Odyssey. Virgil came along later and wrote what is essentially an epic fanfic, the Aenid, which is an unauthorized sequel of the Illiad that goes in different directions (dealing with the Trojan survivors, rather than the Greeks). It's a great work of literature, and there's nothing wrong with it. The world is better for it having been created, and if there were dozens or hundreds of forks from Star Wars or Harry Potter or whatever, then that would only improve things too. The good sequels would be good, and would give us different takes and new ideas on the underlying story. The bad ones would flop pretty readily and get ignored. Just because someone is a good author of the first work doesn't mean that all their work is going to be good. I've seen too damn many unauthorized derivatives that outshone the works they were based upon, to buy that bogus argument. The original author is an author like any other and is just as able to make good or bad works in the future, better or worse than others would do, without past performance being terribly indicative of future results.

      Why shouldn't creators of work that's this memorable and can span multiple mediums be allowed to cash in on these things?

      Because 1) works of this nature are pretty rare to begin with, and should not be allowed to dominate the discussion of what copyright ought to be. Think of all the books, and paintings, and ballets, and CDs, and so forth out there: not very many of them are part of a series that is as you describe. Leonardo never painted 'The Mona Lisa 2: Electric Boogaloo.' Copyright needs to deal with the majority of works, not the tiny minority of noteworthy works. Quantity is what is important to copyright, not quality. Copyright laws have no way of guaranteeing or even measuring artistic quality. And 2) the worst that will happen is that authors tend to shift from doing a series of connected works, to a number of generally unconnected works. So long as they're creating works, who cares about the specific subject matter? Are you going to criticize Dickens because all his novels were not direct sequels to 'The Pickwick Papers?' And 3) whether they create an authorized or unauthorized derivative, all t

      --
      -- 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.
    132. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      Right. And those are the ones with the most value to humanity. So, why should we discourage making great works that stand the test of time, and encourage disposable crap? I thought I made this point rather clear in my previous post.

      And there is no way for us to tell them apart at the time that we grant copyrights. Often, not even for decades or centuries. People think that Shakespeare was the greatest author in the English language now, but during his lifetime he was popular but not preeminent. For us to only encourage "great" works, without over encouraging and over protecting the crap that forms 90% or more of the overall body of works created, we'd have to be able to look into the future and also to accept the judgment of the people of the future as being superior to our own artistic sensibilities.

      If the people of 2107 think that the best artistic work ever created was The Smurfs, how the hell are we expected to know this, and why are we expected to agree?

      Since we can't distinguish one kind of work from the other, and since we can't encourage good works over bad, all that we can do with copyright is try to encourage as much creation as possible, in the hope that there will be more good works along with more bad, rather than more good and less bad.

      This means encouraging not only original creation, but also encouraging unauthorized derivative creation. Shakespeare was a very unoriginal author who took plots and characters from pre-existing works and refashioned them into something a lot better. Damn near anyone could have made better Star Wars prequels than Lucas did -- and we ought to be giving them a chance. That's how we'll get them. And if we wait too long, no one will care to try, because who knows if Star Wars will remain popular in the future. Most things don't, after all.

      I'd love to specifically encourage the creation of great works, but it is simply not possible, and even if it were, not likely to happen unless the work was appealing to both us and everyone after, which also isn't often the case. (e.g. no one from Van Gogh's time would have believed you if you said that his works would be seen as astoundingly good in the future, and why should they be forced into accepting it, when artistic merit is subjective anyway)

      You want impossible things, and I think you ought to be more concerned with what's actually possible, even if it isn't as good.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    133. Re:Don't stop at just the labels... by arkanes · · Score: 1

      The ones you added to the OPs statement so that your unsupportable argument looked stronger? No, they're meaningless.

    134. Re:Don't stop at just the labels... by OECD · · Score: 1

      It's archived, so I can't comment there. One thing, though; I despise the term "copyleft." Very punny, but it needlessly politicizes the issue. Some people are going to reject it just because of that label. It's also imprecise, since there are a variety of copyright alternatives, some of which I like and some (CC-NoDerivs) that I loathe.

      --
      One man's -1 Flamebait is another man's +5 Funny.
    135. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1

      You're wrong to say most of the Windows source code was leaked; only a small portion was. However, to make you happy, let's go with a different binary instead: NONE of Vista's has been leaked, and it's a "completely rewritten" OS (which is why it took them so long to get it out the door).

      Now, I was making the argument that a closed source, compiled binary will REMAIN closed source. One cannot reconstruct exactly the original source code from a compiled binary, which is what the OP was implying by saying that "without copyright closed source does not exist." Au contraire, it still does exist. One can reconstruct, with MUCH difficulty, an approximation of the original source code. However, this is still not the original code, which was my point. Closed source will remain closed source in the same way that, even if you have access to a film, you cannot reconstruct the original Final Cut Pro files.

      It's like claiming that without copyright, you could split an MP3 into each original instrument track.

    136. Re:Don't stop at just the labels... by biglig2 · · Score: 1

      Sometimes that 5 minutes you spend with a fan is worth a lifetime of them wanting your products Couldn't agree more; in fact, it goes further. When artists I trust - largely because they have used the power of the internet to reach out - recommend something else, even if it doesn't sound like my sort of thing, I'll try it out (and almost always discover something I love).

      Cory Doctorow once wrote something along the lines of "If your friend had a new record out, you'd go and buy it, wouldn't you? So if artists establish a realtionship with fans that is like a friendship...."

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    137. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1
      And the best part is that even without copyright everybody still gets paid when they perform what they were contracted to do.
      Incorrect. Without copy control (copyright), no one would buy Windows (or OS X, or Final Cut Pro, or any other closed source app). Then, the company could not pay its programmers, and thus no one would get paid to make the program. OSS works for two reasons: there are a lot of nice people out there, and companies can make money providing support.

      Still, this does not change my original point: without copyright, closed source still prevents you from accessing the original code. No amount of kludging around gets you the original code. Hell, if you're saying that without copyright closed source does not exist (which is a statement of physics and existence, not of legality), we might as well say that closed source doesn't exist now. After all, there are countries which do not enforce copyright. Thus, in those countries, does closed source not exist? I think it still does.
    138. Re:Don't stop at just the labels... by geohump · · Score: 1

      I'm sorry, but you are very confused about what natural rights are concerning the idea of copyright.

      Summary of "Natural rights' for an idea/story etc :
      The natural state of ownership of any idea, a story, a song, whatever, is zero. You may write a story, and you own only the physical copy you created. The story itself can be used by anyone to do anything they want. That is the state of your "natural rights" to your story. After you create it you have almost no ownership of the idea. I'm sorry, but thats just the way it is and the way it has been for most of human history.

      Now - Enter the idea of a copyright (and patents). (last what, 300 or 400 years?)

      Their purpose was to give people a better reason to create things. With the "natural rights" you had almost no reason to create a story or song except for the immediate reward you might get for performing it, but there was no "copy protection" at all. Anyone who heard it could (and would) copy it and perform it themselves. Now, with "Un-natural rights", bestowed upon you by a government in the form of a copyright or patent you can make much more money from your ideas so you have more reason to come up with new things, songs, tools etc...

      Your thought that you had a any natural rights to your own ideas is a problem that comes from living in a society that is being brainwashed by large media companies who want eternal copyright control over their creations. That will result in cultural stagnation. The limit to copyright should be 17 years, just as it should be for patents. (perhaps it should be 17 years for corporations and 50 years for private individuals).

      Ideas are not physical things. They cannot be owned. Society can, however, create a scheme to reward you for being creative by giving a form of psuedo ownership. I would prefer to call it a "creators license" that guarantees the creator exclusive control over the creation for a specific period of time. This reduces the confusion caused by terms like "patent owner" or "copyright owner" and most especially the egregious "Intellectual Property". The last being a phrase made up completely out of glue sniffing, hypoxic hallucination. (Not unlike Bush's fever dreams of being competent).

      As for the upcoming rebuttals saying that people own many things that are not physical, you will find that all of those "ownerships" are actually either forms of societal license or lease-holdings granted by the actual owner. (example - "mineral rights")

    139. Re:Don't stop at just the labels... by nstlgc · · Score: 1

      No, the ones that should hint you off that I'm not agreeing with what the letter of the law says.

      --
      I'm Rocco. I'm the +5 Funny man.
    140. Re:Don't stop at just the labels... by SiChemist · · Score: 1

      Your post is pure speculation. YOU think that a long copyright term encourages "great" works but you have no evidence to support it. Well, we have a long copyright term now and the works produced seem to me to be a mixture of crap and decent art.

      In our nation's past, our copyright term was shorter (as low as 14 years if I recall correctly) and I know of no research that says the creative works of that time were all crap.

    141. Re:Don't stop at just the labels... by nstlgc · · Score: 1

      I was aware of the definitions and meanings (nonetheless thanks for going through the effort, I'm sure it's useful for alot of people). The point I was trying to make is that I do not necessarely believe you can't own an "idea". Or perhaps I do, but then the definition of an "idea" is somewhat ambiguous. I (think I) consider an idea to be something two people could come to think of independently, and therefore should not be restricted to either one of those people to use. However, other, non-physical things, such as for example a song (which is, in the end, not likely to be made by two people independently and still be the same). The image of Mickey Mouse is not likely to be something somebody else designs independently. They might design alot of other mice that look like it, but I don't think any law prohibits that. As you see, I can't give you a cleancut border between the two kinds of "ideas" we're talking about here, but I do feel that the current definitions are to coarse to be right all the time.

      --
      I'm Rocco. I'm the +5 Funny man.
    142. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      which is a statement of physics and existence, not of legality...

      Which is the only thing that means anything. The law is fleeting. It comes and goes on a whim. Physics and existence are a bit more permanent. No amount of man made law will ever change it.

      As for Windows not existing without copyright, that's just not true. Somebody will write up contract to have it made because they need it, just as the old cliche says. They will not and should not be granted any exclusivity over it. All things will be made because of the necessity, not to make easier to sell refrigerators to the Eskimos.

      So what if I don't have access to the original code? I can still find the information inside very useful. I can still use and modify(by attaching modules for instance?) it. I can still adequately reverse engineer an ATI or nVidia card to write drivers. I don't need anybody's permission. It's my card that I possess.

      Ok, fine. There would be no such thing as legally enforced closed source.

      --
      What?
    143. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      The only problem with Koopa getting into the charts is that they are CRAP, with a capital C - R - A - P. God awful, derivative, rubbish. Ludicrous. Shit like this wouldn't have got a recording contract 10 years ago, and they (hopefully) won't last. Still, Arctic Monkey 'fans' can pretend to 'like' Koopa too...

    144. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      OK! OK! What I'm saying is that without copyright, there is no law to protect that source from being disassembled or reverse engineered. I can employ the bits and pieces into another program, whatever. I just want to remove the cartels' power of law. I don't always need exact copies, but I do want to be able to build on it. And besides, everything we have was built on the work of previous authors, inventors, etc. Removing copyright will only make it easier and more productive.

      It's like claiming that without copyright, you could split an MP3 into each original instrument track.

      It is possible to separate instruments out to a certain extent. Cover bands do a fairly good job of it.

      --
      What?
    145. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      Sorry. I thought "closed source" was a legal term. Meaning it is illegal to disassemble, etc.

      --
      What?
    146. Re:Don't stop at just the labels... by marcosdumay · · Score: 1

      "Take away copyrights, and anybody can take GPL software and release it as closed source."

      Take away copyrights, and there is no more closed source software.

    147. Re:Don't stop at just the labels... by arkanes · · Score: 1

      Please refer to my original post. You don't know what natural rights are if you think the letter of the law matters is at all relevant to this topic.

    148. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1
      Ok, fine. There would be no such thing as legally enforced closed source.
      So you're saying, "Without copyright, there'd be no legally enforced closed source." Well, yeah. But then, that's practically a tautology. It's like saying, "Without laws about probation, there'd be no people on probation."

      As for Windows not existing without copyright, that's just not true. Somebody will write up contract to have it made because they need it, just as the old cliche says.
      Ah, patronage, is it? This is what copyright was created to avoid -- a system at which every single artist on the planet is controlled by a few wealthy elite.

      All things will be made because of the necessity, not to make easier to sell refrigerators to the Eskimos.
      This assumes that those who want it made can afford to do so. I mean, to create OS X you'd have to shell out a few billion dollars. Is there a company on the planet that could afford a one-time payment of a billion dollars, after which the code would be freely available to everyone on the planet? Hell no. The original company would never invest, and instead wait for someone else to invest. Now, you may say that they'd just go with an alternate solution (e.g. Linux), but then there'd be less competition, and thus less innovation.
      So what if I don't have access to the original code? I can still find the information inside very useful. I can still use and modify(by attaching modules for instance?) it. I can still adequately reverse engineer an ATI or nVidia card to write drivers. I don't need anybody's permission. It's my card that I possess.
      There's nothing stopping you from reverse engineering the drivers for nVidia and ATI now. In the US, it's protected under the DMCA, and there are OSS drivers for ATI that I know of. However, not to step on anyone's feet, the drivers are not that great.

      Finally, there are other ways, without copyright, to protect your code from becoming open. For one thing, trade secrets through contract provisions. How can you get information about the code, or the code itself, if everyone who is allowed access to the LAN in which the code resides is under contract to not reveal any of the code? Even if the code could potentially be shared freely, courts tend to uphold contract clauses.
    149. Re:Don't stop at just the labels... by TheoMurpse · · Score: 1
      What I'm saying is that without copyright, there is no law to protect that source from being disassembled or reverse engineered. I can employ the bits and pieces into another program, whatever. I just want to remove the cartels' power of law. I don't always need exact copies, but I do want to be able to build on it. And besides, everything we have was built on the work of previous authors, inventors, etc. Removing copyright will only make it easier and more productive.
      While I agree with your sentiment that certain software vendors are too powerful, getting rid of copyright is not the answer. Perhaps shortening the length of copyright?

      In any case, there's no law against reverse engineering now, as far as I know. In fact, the DMCA explicitly allows reverse engineering (perhaps only for compatibility purposes, but couldn't anything be construed as a compatibility purpose?). Furthermore, there is something besides copyright preventing you from using specific parts of a program freely: patents. Do you want to get rid of those, too? How do you like no prescription drugs? Because without patents, there would not be significant private sector research, and we all know how great the government's track record on drug research is.
    150. Re:Don't stop at just the labels... by keytoe · · Score: 1

      Please tell your brother thanks for the wonderful music and to keep it up.

    151. Re:Don't stop at just the labels... by Blue+Stone · · Score: 2, Interesting

      So would it be true to say that the purpose of copyright is to mimic depreciation in real-world goods? No. The purpose of copyright is to provide the greatest benefit to the comunity by providing an incentive to create in the form of an artificial monopoly for a limited duration. I don't think that's the full picture though. The purpose of copyright was originally to give a monopoly to a person for a work in exchange for money paid to the king. The US constitution modified this and tried to give it more noble intentions, as you mention.

      What we're finding out now, is that, at least in the eyes of the state, like a salmon returning to it's birthplace, copyright is returning to its original purpose and it's all about money and monopoly control.

      What I'm still undecided about is whether 'copyright is a bad seed and its basic nature will always win out'.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    152. Re:Don't stop at just the labels... by rajafarian · · Score: 1

      I guess I still just don't get how someone else can make profit from something that I created just because X years have gone by.

      Let's say that you are a musician, OK? OK. Now what if the person who made your guitar says, "I guess I still just don't get how someone else can make profit from something that I created just because X years have gone by." OK, do you follow?

      Now, what kind of shoes do you wear? Nike? K. Now what if the bad, evil, corporation wants a cut of your profits because they can't seem to understand how you can make a profit from something that they've created? Do you follow now?

      No? OK, what if the architect who designed your house wants to get paid for designing your house even years after the house was built because? Well, he designed it and you're making a lot of money while living in it. He wants his cut, dammit!

      Do you follow now?

    153. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      The RIAA has saved the world from starving of music, believe it or not.
      It's not the musicians who hold copyrights on recorded music--it's the record companies. Since record companies are corporations, they'll always want more money. They'll never stop milking artists when they have enough, because they never can have enough.
      Some of the musicians may be starving. Much of the music is junk music. But, as long as there are musicians begging to make music and signing to RIAA labels, there will always be plenty of music of some sort.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    154. Re:Don't stop at just the labels... by beckerist · · Score: 1

      Well hell, maybe I should move to California. Try doing that in NY. From personal experience I have had many ideas that have failed to come to fruition. If I had moved to turn it into tangible property, the company I work for would (and has to other employees) either demand the product, or take me to court for it. I signed the document, so I can't blame them. It's just refreshing to hear that this is not universal!

    155. Re:Don't stop at just the labels... by T.E.D. · · Score: 1
      Oh come on. Without copyright there IS no closed source. There would be no law to keep me from using it.


      That was my knee-jerk reaction too. However, that's missing the point. If everything were public domain, then there'd be nothing preventing someone from taking the sources for some software, making useful changes to it, and then only selling the binaries. You could probably even legally prevent employees from releasing the sources own their own initiative my designating them as "trade secrets".

      You probably couldn't legally stop people from disassembling your binaries, but if your changes are extensive enough that wouldn't be a particularly attractive solution.
    156. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      I mean, to create OS X you'd have to shell out a few billion dollars.

      While certain free software while having some catching up to do, most doesn't cost nearly so much. That could all change with the recent licensing difficulties some people are having.

      ...but then there'd be less competition, and thus less innovation.

      No, there will be just as much, if not more, it will just be motivated by something different. Copyright only serves to slow that down with useless legalities. It also motivates people to produce useless inventions that require huge advertising budgets to push push out the door. These are the things that make innovation prohibitively expensive. Every invention needs a lawyer behind it to "protect" it. And I'll bet that Apple budgets more money for the lawyers and marketing than they do for software developement. It produces pretty packages and great profits, but not necessarily great software. Copyright forces you to spend huge sums to protect it from the likes of Microsoft who could, with that same copyright law prevent you from using it at all. See the excellent, if a bit overused, example of what happened to the inventor of FM radio. SCO should be a good lesson of what copyright law is about. This is the ultimate result of copyright law. It can't go any other way. The only real beneficiaries are the lawyers. They get paid no matter who's side they're on. And they stand the most to lose with its abolishment. Everybody else(except the greedy) will do just fine.

      For one thing, trade secrets through contract provisions.

      Now you're talking about signed contracts by all involved. That's an entirely different matter. I didn't sign any contract that prohibits me from doing what I wish with my possessions. If I sign an EULA then I will abide by it. Otherwise it's just a lot of print that's too small to read and not worth my time.

      Ah, patronage, is it? This is what copyright was created to avoid -- a system at which every single artist on the planet is controlled by a few wealthy elite.

      No it was created to control access to a printing press. A new invention at the time. It was created to protect the interests of the writers guild(publishers of the time), who's job suddenly became obsolete. And groups like the ??AAs are using it for that exact same purpose. To protect their now obsolete publishing and distribution business. To prevent self publication by outlawing technology that makes it possible. See mini-disk recorders for an example, you had to buy a "pro" version with XLR connectors to make digital copies, of your own work even! It cost two or three times the price of the consumer version. DRM on our new and upcoming hardware and compulsory licenses serves the same purpose.

      The law was not created to aid innovation and protect the creators. That's merely the spin put on it so most people will accept it. And I have to admit, it's working wonderfully. Good job on their part. It's got so many people fished in. It has you all convinced that the world would be in complete chaos without it. It is there to protect established(entrenched) businesses. It is a tool to be used for censorship(Scientology?). Troll law if there ever was one.

      --
      What?
    157. Re:Don't stop at just the labels... by stickfigure · · Score: 1

      Yes, but saying you couldn't have created the copyrighted work without the benefit of the society around you so your copyright should end to give the same opportunity to others misses the basic thrust of your own argument. My mother sang me lullabies and read me fairy tales. That stuff all gets put into my writing today, but I'm not quoting them. I'm lifting themes. Perhaps making references. Copyright doesn't exclude that sort of creation. (For an extreme example, look at the Scary Movie franchise) What copyright says is that I can require publishers to negotiate with me for the right to sell exact copies of my work. As has been stated, for most creative endeavors not funded by a large corporation, it's a long shot to get any recognition. It can take years of slowly building up a following before you break through to the point where you see any real return on your personal investment (equipment, time to write, rewrite, polish, etc) if you set the date to an arbitrary number, like 25 years, then it's possible that the window for an artists early works to be truly profitable might be unduly small. This isn't going into the whole corporations being treated as individuals, which is a problem on many levels. Since corporations are not individuals, they shouldn't be treated like one. Especially since the "life" of the company is essentially infinite when assets (copyrights) get sold in bankruptcy. Its easy to confuse the well funded, corporate creators (i.e. Hollywood) who explode on the scene and make a ton of money and then never want to let go, with the lone artist chipping away at night while working at a soul crushing job they hate and dreaming of a day when they can do this thing they love and still, you know, eat. The problem is what's fair for one is horribly unfair for the other.

    158. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 1

      The GPL is not about use, it's about distribution with rights to modify, in the preferable form to support that (i.e. non-obfuscated source code).

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    159. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 1

      Put succinctly:

      The GPL is not about usage of software. It's about the right to modify and distribute the software in source code form.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    160. Re:Don't stop at just the labels... by zotz · · Score: 1

      "some of which I like and some (CC-NoDerivs) that I loathe."

      How does CC-NoDerivs come to be a copyleft license?

      I guess I need to figure out the journal issue.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    161. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      ...patents. Do you want to get rid of those, too?

      Yep. All IP law must go out the window. We will still have good medical care, just not by Lilly or Pfizer. They can go to hell. Somebody else will fill the void.

      Because without patents, there would not be significant private sector research...

      There will be plenty of research. What there be less of, is less money for advertisement and bribing government officials and doctors. Here again we actually see a slowdown because of IP law. While rich white folks can get the best HIV cocktails, the vast majority of suffers will die. So IP law is doing nothing for the majority. These companies don't want to cure anything. They make much more money with ongoing treatments. I don't expect them to ever produce a cure for AIDS when treatment is so much more profitable. Same goes for malaria, which has very few rich sufferers, so why bother, right? And if you've noticed, they're always pushing for legislation to outlaw alternatives. I don't credit the drug companies with our longer lifespan. I credit good nutrition and sanitary practices for that. It's the lack of those two things that causes the vast majority of illness and death. Those people aren't being helped one whit by IP law. The arguments you provide simply don't hold water. It's too bad that people continue to parrot such nonsense. And if you want good government research, convince your friends and neighbors to vote for a government that provides for that research, instead of a phony tax cut that will never materialize or will be eaten up by some other expenses, like more expensive medical insurance that pays for all those patent lawyers, and doctors' and congress peoples' vacations in the Bahamas.

      --
      What?
    162. Re:Don't stop at just the labels... by mfrank · · Score: 1

      What about when public safety is involved? Are you OK with Firestone tire company paying people who had a tire explode at 70 mph to keep them quiet? Personally, I think companies that pull that crap should be nailed to the wall.

    163. Re:Don't stop at just the labels... by arniebuteft · · Score: 1
      Personally, I think the trick is short terms that can be renewed over and over, with ever-increasing fees. A good starting point would be 20 years, with 5 year renewal periods thereafter. Initial registration of the copyright is free, and at the end of 20 years if you want 5 more years you pay $1,000. When that's up, you can pay $2,000 for 5 more years. Then $4,000, $8,000, $16,000, etc. Pretty soon, all but the biggest cash-cow copyrights (think Disney, Star Wars, Harry Potter, etc) will fall into public domain.

      It's a good system, precisely because it lets the copyright holder judge the true value of the work to them. Walt Disney Co. is in the best position to decide if keeping Steamboat Willie out of the public domain for 5 more years is worth $16 million dollars. Especially when you know in 5 years, it'll cost you $32 million dollars to renew again - are you really gonna make $16 million on that one copyrighted work in the next five years?

      For other works, the 'average joe' artist gets 20 free years, and can extend the copyright for a nominal fee in the beginning, if it turns out the work in question is actually worth something. 20 years is a long time to wait in the wings to "rip off" some nobody screenwriter who turns out a particularly interesting spec script. If the script is really that good, someone will buy it within the first 20 year period. If it was garbage, it'll probably always be garbage.

      By having renewable terms, you can prevent the case of a popular franchise being overrun by public domain-created works, because it's financially prudent to keep renewing as long as the copyright holder is making money. So, even though Star Wars is over 20 years old, George Lucas can keep renewing on and on and on... until it just doesn't make financial sense. Hell, he can keep renewing until he runs out of money, for all I care.

      Logically, one uses the renewal fees to fund the whole scheme. Any leftover money goes to the NEA or public television or some other arts-promoting group. That way, the big winners in the copyright realm (movie studios mostly) who are pouring millions and millions into the system to keep old stuff copyrighted are giving the seed money to a whole new generation of artists.

    164. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 1

      Don't be black and white. A NDA for source code isn't the same thing as covering criminal negligence.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    165. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      Scary Movie is a parody film. Only parodies have the freedom to make references, and that only to things they are parodying. Anything else making references to work under copyright has to be okayed by the owner of the original copyright or risk trouble.
      Think about it. Rappers have had to pay copyright owners to use samples ever since "U Can't Touch This" borrowed too much from "Under Pressure." Samples in rap are just references to the original work. Therefore, if references always got free passes, then sampling in rap would be unrestricted and Dangermouse's Grey Album would be in a record store near you.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    166. Re:Don't stop at just the labels... by Profane+MuthaFucka · · Score: 1

      I like it. I like it a lot.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    167. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      I don't see many copyrighted works that are of any real value after, say, 20 years (compare the number of songs people still listen to to the overall amount of songs produced). You can sit on it indefinitely and hope it makes money forever but realistically most copyrighted works lose value quickly as people lose interest. It is a much greater challenge to create a work that will make money even a few decades later. The greater the work the longer its sales last so there remains an incentive to create something people will still want decades or even centuries later. If e.g. copyrights expired after 20 years there would be little incentive to create something of lasting value that goes beyond 20 years compared to something that'll die after 20 years.

      While that may be a bit niche in its effect I don't see much value in making old works public domain except to preserve them when the copyright holder no longer has any interest in reproducing them as their commercial value hit rock bottom much earlier. What would we gain from a public domain Mickey Mouse except legal furry porn?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    168. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      Perhaps he's hiring some unpleasant men with automatic weapons to enforce his will?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    169. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      Why shouldn't a builder be paid for building one house for the rest of their lives?

      Because he's the one charged with making copies, not the one who made the original work. The builder of a house is akin to the printer at a publishing house. The one who owns the copyright on the house and could indeed make money with it forever is the architect. However, building standards and aesthetics change so a plan will not be of value indefinitely. Copyrighted plans have the advantage that the architect can sell a plan multiple times and that he can charge less than the cost of a new plan for each copy so he gets more money for the same work and the buyers get the work for less money compared to paying for having their own plan drafted. Both parties benefit so the system is accepted.

      And yes, photographing a building can be copyright infringement.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    170. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      Companies are considered dead for such purposes, just define a fixed duration for copyright that belongs to a corporation and... hey, you've got the current system!

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    171. Re:Don't stop at just the labels... by WilliamSChips · · Score: 1

      Chris Cornell still sings the songs he sung ten years ago.

      --
      Please, for the good of Humanity, vote Obama.
    172. Re:Don't stop at just the labels... by WilliamSChips · · Score: 1

      In addition, it caused things like Frank Herbert's son and his publisher teaming up to make really bad books and sell them by using the name "Dune".

      --
      Please, for the good of Humanity, vote Obama.
    173. Re:Don't stop at just the labels... by WilliamSChips · · Score: 1

      There wasn't much art at all at that time anyways because the nation had a large number of Puritans and Puritans believed art was evil.

      --
      Please, for the good of Humanity, vote Obama.
    174. Re:Don't stop at just the labels... by spoco2 · · Score: 1

      Your entire post, while being both condescending and rude, is also complete tripe. You're assigning incorrect attributes to objects.

      In the case of the guitar, you're trying to say that the physical guitar is like a copyrighted work, where it's really the design of the guitar. If I created a new design for a guitar, and spent some time doing it, and it's better than others, then I should be able to be the only one making that design for some time. The physical guitar is just like a physical CD as sold by the musician. Do YOU follow?

      Ditto with Nike, the design of the shoe is the creative work, the shoe itself is merely a copy of that work, sold to you to do with as you will. Do You follow now?

      Again with the architect, the design of the house is the creative work. He can either give it to you to use as many times as you want, OR he can chose to say you can only make that one house with his design, any further ones using the same design must ask him, as he spent the years in school, and has the talent to design it.

      Do you follow now Mr condescending?

    175. Re:Don't stop at just the labels... by iminplaya · · Score: 1

      If everything were public domain, then there'd be nothing preventing someone from taking the sources for some software, making useful changes to it, and then only selling the binaries.

      Without copyright law, the only people you will sell the binaries to are the ones that contracted you to build them. Why care if you don't have the source? When it can be physically protected, fine, but there should be no law protecting it once it's leaked. When you keep something to yourself, it's yours. I'm not advocating the mandatory release of code. I think closed source is perfectly fine. But once it's revealed, it belongs to everybody, like any other expressed idea. Nobody has the right to use the law to enforce ignorance, especially for the sole purpose of protecting profits. Copyright law is the 55 mph speed limit of the information age and all human progress. I don't care about the source. I just want to put an end to laws that exist to protect corrupt business models.

      --
      What?
    176. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      I've never heard of a corporation jailed or executed so I don't think we need to really give them the rights they are entitled to, either.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    177. Re:Don't stop at just the labels... by spoco2 · · Score: 1

      And I never suggest that works shouldn't come out of copyright and become public domain... what I'm saying is that the less incentive you give for people to spend time creating truly great works, the less great works you're going to get.

      There'd still be a few, as some people really do create for the love of creating. But even those that do would be stifled if they had no way of gaining a living from their works... hence copyright, or something similar, is needed... and for people to dance around saying that everything should be in the public domain from day dot smacks of just wanting to get things for free... and it's kind of only ascribing worth to manual labour and 'tasks' rather than creative works.. which is a little skewed to me.

    178. Re:Don't stop at just the labels... by spoco2 · · Score: 1

      I'm a writer. I write so that people hire me for my knowledge that I don't write about -- I keep something aside. That only works for non-fiction writers though... surely? There wouldn't be a lot of job openings for a fantasy writer to be brought on board for their knowledge of dragons. (yes, occasionally, like for a movie adviser or similar)

      Let's say you are a photographer or a painter or a writer and someone steals your copywritten work. What can you do? Do you think that 99% of creative "artists" out there can handle a copyright-violation lawsuit, or even afford a C&D letter? Doubtful. Copyright is not helping them. But that's a slight on the legal system, which is indeed f*cked up, not on the need for copyright as such.

      Paintings and the like are hard to copy, but things like photos, especially in our digital world, are easy to. Hence, someone finds a great photo online and starts selling prints of it... it's not theirs, so why should they profit? Without copyright they would be able to without issue.

      Getting rid of copyright entirely doesn't work for me, and I don't think people would be able to ever convince me of it. Sure, being able to say that your works are non-copyrighted, 'go right ahead and copy them', is fine. That's the individual artist's choice, and all power to those that chose to... but in a number of cases and types of art, it just doesn't work.
    179. Re:Don't stop at just the labels... by Anonymous Coward · · Score: 0

      If they can do 50 shows a year (1 a week), there's no reason that each of them can't make a very respectable 5 figures a year, after expenses.

      Respectable? There's a fair difference between making $99,000 a year and $10,000. "Five figures" doesn't really give us much idea of where they're sitting.

    180. Re:Don't stop at just the labels... by Dal+Platinum · · Score: 1

      Vanilla Ice used too much 'Under Pressure' Hammer used Rick James' Super Freak. Don't know which one got f'd in the a though.

    181. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      What did we do when we believed that It's a Wonderful Life was in the public domain? If I'm not mistaken, that film didn't become popular until its copyright expired after its first 28, in '73. Then over the next 20 years, it became wildly popular.
      Pity someone at Universal realized that the soundtrack was still in copyright--since the soundtrack goes with the film. (I'll presume that the soundtrack was renewed because someone wanted parts of it for trailers.) I'm enough of a philistine to like the colorized vs. of the film and wish it was possible to get DVDs of it.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    182. Re:Don't stop at just the labels... by Lumpy · · Score: 1

      Yup you are right.
      Elvis, Beatles, Rolling Stones, The Doors, Pink Floyd... nobody listens to anything those guys made anymore.

      Oh and dont forget the junk from the Cure, Black Flag, Ramones, Violent Femmes absolutely nobody listens to that anymore either.

      And the first list sill sells more albums yearly than the new crud. Pink Floyd the WALL still commands over $30.00 at the record store for a really stinking old album set.

      --
      Do not look at laser with remaining good eye.
    183. Re:Don't stop at just the labels... by Lumpy · · Score: 1

      Have you been paying your ASCAP and BMI performance fees?

      I highly doubt it, if you did you cant afford to play at a bar, if you charged what your costs were and the money you are usedto getting the bar wont pay for you.

      A buddy of mine got out of playing the bars with his band over that exact thing. ASCAP and BMI overcharge horribly and to keep it legal he investigated, found out how expensive it was as they
      "assume" you always play to capacity of the venue and charge accordingly.

      --
      Do not look at laser with remaining good eye.
    184. Re:Don't stop at just the labels... by Reziac · · Score: 1

      But if you continue to use those characters in NEW works, they should continue to be copyrighted, yes?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    185. Re:Don't stop at just the labels... by Reziac · · Score: 1

      As I remark to the parent poster -- if you continued to create NEW works based on a given character and/or venue, wouldn't the copyright on those NEW works continue to protect the *character* and/or *venue*, even when older works fall into public domain??

      If so, I see two effects here: 1) authors have incentive to expand an existing character or venue, and 2) if the author fails to do so, others are free to continue; ISTM this would also get rid of some of the grey areas surrounding fanfic, by making it wholly legal rather than (as is the current situation) mostly being winked at but subject to squashing if the copyright holder objects.

      IOW, I don't see that this is a problem under your copyright scheme is reasonable. Additionally, it rightly recalls that copyright used to only be issued for works intended for PUBLICATION; that is, intended to be MADE PUBLIC.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    186. Re:Don't stop at just the labels... by multimediavt · · Score: 1

      Thanks for the clarifications! [golf claps] :-)

    187. Re:Don't stop at just the labels... by Psychochild · · Score: 1

      Authors are undeserving of special support merely because they are authors. They need to be productive.

      Spoken as someone who has likely never tried to make a living as an author. You do have to be productive as an author, otherwise you will never make enough money to just eat. Even with strong copyright protection, there's no guarantee that your book is going to sell enough to make serious money. Yes, a lucky few hit the jackpot, but most writers have to write continuously to support themselves on meager earnings. I just finished editing a non-fiction book, and I certainly didn't do it for the money; I did it to have a published book with my name on it to give myself some more credibility in the field. I spent over a year working on a book and the advance of a few thousand dollars wasn't enough to even pay groceries for even one year.

      And, I completely disagree with your assertion about renewing copyright. Let's face it, the government isn't exactly highly efficient, and having to file paperwork that can be lost with fees that could put copyright ownership out of the reach of common people is not the answer. We already have this kind of stupidity when it comes to trademarks, and it's just a hassle, really. What happens if the copyright term is 30 years and someone only wants 20 years of protection? Then they can put the work into the public domain. The worst case scenario is that we have to wait 10 years for the work to fall out of copyright in this case. Adding more laws is not the way to go, IMHO.

      As someone who makes a living from creative efforts, I think the top issue is to make copyrights expire within a normal person's lifetime while still allowing a creator sufficient time to exploit their creation. With a 30 year lifespan, for example, things I enjoyed as a young child will come out of copyright right as I have the experience and ability to take advantage of this. With the current copyright scenario, stuff I enjoyed as a child is still under strict protection, and will probably always be as long as I am alive. I think that's a shame, personally.

      Really, it seems most of us agree that this is a solution, we're just bickering over the details.

      --
      Brian "Psychochild" Green
      MMO developer's blog
    188. Re:Don't stop at just the labels... by KDR_11k · · Score: 1

      Now compare those to the number of singers and songs in that time period.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    189. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      No, only the new works would only protect the new material. So if the character of Harry Potter is established in the first book, but it's not until the last book that it's revealed that he's had a third arm the whole time, and no one ever mentioned it (even though it was always there, and the reader never knew it) then Harry Potter with two arms hits the public domain before Harry Potter with three arms does.

      --
      -- 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.
    190. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      Spoken as someone who has likely never tried to make a living as an author.

      Actually, I was a self-supporting and comfortable artist before I got so interested in copyright law that I decided to go to law school. Just because I am a strong beliver in copyright reform doesn't mean that I don't know what things are like for artists.

      Let's face it, the government isn't exactly highly efficient, and having to file paperwork that can be lost with fees that could put copyright ownership out of the reach of common people is not the answer.

      It worked great for nearly 200 years of our history, actually, and where fault can be laid at the feet of the Copyright Office, the author's rights would not suffer. Patents work pretty much exactly like this, by the way: you have to send patents in to be examined, and you have to pay maintenance fees (and thus indicate your continued interest in having a patent) or else it terminates earlier than the maximum of 20 years from filing. AFAIK, no one really has criticized this aspect of the system. It does require some attention on the part of the copyright holder, but so what? We expect him to file taxes regularly and correctly. We expect him to pay his bills on time. We expect him to maintain any kind of business licensing he might need. So long as the burden is minimal but sufficient to weed out people who just don't care, I'm happy with it. Renewal of a copyright should be about as difficult as renewing a pre-paid magazine subscription. You fill in your name, address, a copyright registration number, and send in a check with a basically token amount (e.g. $45 -- and if the copyright can't cover its own costs, then it's probably not worth having). It isn't mean to be hard, it's just meant to evidence interest.

      We already have this kind of stupidity when it comes to trademarks, and it's just a hassle, really.

      Not at all. The trademark space, like the domain name space, is effectively finite, given the constraints of what constitutes an acceptable mark (e.g. jsflnjdlnfiue-842-hn8ewnf is a bad mark since it's going to be a pain in the ass for people to remember it). So rather than give marks away permanently, registrants have to continually indicate that they still want it. It is easy as hell, and not even a hassel. You just put a reminder in your calendar in the future, and you're set.

      What happens if the copyright term is 30 years and someone only wants 20 years of protection? Then they can put the work into the public domain. The worst case scenario is that we have to wait 10 years for the work to fall out of copyright in this case.

      10 worthless years; 10 years that the public is unduly harmed, and 10 years that the author doesn't care about. Obviously the author will not put the work in the public domain: he doesn't care about the work. Even putting it in the public domain would require some expenditure of effort, and the author is unwilling to do so. I merely want the failure to act to be the trigger for putting works in the public domain, so that the author has the burden of getting and keeping his copyrights, and the public needn't suffer when the author fails to act at all.

      Really, it seems most of us agree that this is a solution, we're just bickering over the details.

      Meh. I think there is a lot of agreement around here that terms are too long. But I see little discussion as to scope, and I think that's a shame. I would like to see copyright scopes reduced too, and in fact, I think that scope is a more important issue than term length. Weirdly, it's the inverse situation with patents; many people here are upset as to scope (at least for software and business method patents) but there's little concern as to term length.

      --
      -- 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.
    191. Re:Don't stop at just the labels... by lowid+(24)+_________ · · Score: 1

      I am a professional musician. I exclusively create music for a living. If things worked the way you laid them out, I would not be a professional musician, and I would instead be something that I could make a living doing.

      Quick pro-copyright argument in support of the gp. (You can extend it to lifetime copyright.) I am not opposed to giving away music. If you go to my record label, which I won't spam but you could figure it out if you tried, you can download literally hundreds of songs for free. We just released five albums as no strings attached, free downloads to celebrate the new year. About 15 songs from those albums are my compositions.

      Without copyright none of that would exist. Without copyright I would not have the bread and butter work to support myself with. I wouldn't be able to put free music out there just because I want people to hear it. I wouldn't be able to dedicate my life to music and still pay the bills. You can argue that this may be a positive thing, but that's a different discussion.

      What is so bad about copyright? Why can't I have the copyright to my music while I'm alive? The general public can listen to my music already (the vast majority of it for free, be it from downloads or be it something they hear on tv), so why do they need it to be public domain? What about the things I make money from to support myself? Why does the public need to be able to use that music as their own? Many of the things that I license or sell are older pieces that are more than 5-10 years old. I've written a lot of music in my life, and sometimes it's easier to revisit something I wrote 10 years ago but never used than to make something new.

      If you want your favorite artists to give away their music, that's one thing (I'm not accusing you, but I suspect some other posters of having that motive). If you have serious ideological qualms with extended copyright, that's another. There are plenty of people making money (for the first time) off of old music. I can also tell you that most of that music would never have been made if not for copyright. If anyone can use my music the moment I write it, that is the end of my musical career. If anyone can use my music 5 years after the fact, I'll at least have a day job. Just so you know.

      p.

    192. Re:Don't stop at just the labels... by Sique · · Score: 1

      To put things straight and correct a little the notion of "making a living from your creations":

      In Germany there is a special health insurance institution for artists, catering to the special needs of artists (like unregular payment, special orthopedic problems, need for time off etc.pp.), which basicly covers all artists, the name is "Künstlersozialkasse" (Artist's social insurance). According to their records about ~7500 people in Germany make enough from their Work of Arts to gain a living from them (that means they earn more than 30,000 EUR ~ US$40,000 a year from their artistic work).

      But the copyright industry as a whole employs more than 200,000 people. So whose living are the artists actually making?

      --
      .sig: Sique *sigh*
    193. Re:Don't stop at just the labels... by Alioth · · Score: 1

      And yes, photographing a building can be copyright infringement.

      No it can't. Not in any sane country, at least.
    194. Re:Don't stop at just the labels... by tehcyder · · Score: 1
      Small bands want their music out their
      Out their what?

      Sorry.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    195. Re:Don't stop at just the labels... by mdwstmusik · · Score: 1

      Have you been paying your ASCAP and BMI performance fees?...

      Actually, I am a BMI member. I'm currently not an ASCAP member because songwriters can only register their material with one organization or the other at a time. Any venue that provides (non original only) entertainment has to pay ASCAP and BMI 'dues' based on the size of the that venue. If you're playing covers in a venue that is keeping up with those dues, your performance in that venue is covered under that venue's due requirements. It's done this way because the performance rights organizations know that it's logistically impossible for them to track down and charge fees to every cover band out there. It's much easier to assume that if a venue is having bands, that there will be a certain number of covers played by those bands. Incidentally, the last I read, none of the money from the dues collected actually goes to the writers of the songs that are played. It all goes to the cost of collecting those dues. In other words, the dues are collected in order to pay the salaries of the people who collect those dues. The excuse that the songwriters get when they complain about not getting any of that money is that it is too hard to monitor what songs are being played and how often, in order to allocate the money correctly. It's a total scam. Unfortunately, that is the current state of the music business today. ASPCAP, BMI, RIAA, etc. use copyright, performance right, mechanical right and publishing right laws to bilk BOTH artists and consumers out of every penny they possible can.

      --
      "Oh, what sad times these are when passing ruffians can say 'ni' to helpless old ladies."
    196. Re:Don't stop at just the labels... by mdwstmusik · · Score: 1

      From ASCAP's FAQ page... http://www.ascap.com/licensing/generalfaq.html 5. Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform? Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.

      --
      "Oh, what sad times these are when passing ruffians can say 'ni' to helpless old ladies."
    197. Re:Don't stop at just the labels... by Reziac · · Score: 1

      But wouldn't that "third arm" criterion also apply to a character who has new experiences, thus new thoughts in his virtual head? that's new material, after all.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    198. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      Of course it would.
      Let's suppose that there is a great but little-known sci-fi trilogy. The first book hit the public domain in 1987. The other two were caught in the 1989 copyright expansion act (the life+50 rule) and therefore are still under copyright.
      Let us now suppose that the entire trilogy somehow gets rediscovered and popular.
      Suppose you want to write fanfic about this series. If your work uses details from the entire trilogy, you'll have to publish it as an amateur through the standard underground venues. But if you write as if only the first book happened--say, you veer sharply away from canon at the end of book one and write a "book two" going in a completely different direction--then it could be published professionally. The owner of the copyright of books two and three can't stop that book.
      Let me add that alternate-universe fanfic is not unpopular.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    199. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      Additionally, since the later two books in your example are derivative works, only the portions of those books that are original and not based on the previous book are copyrightable. So if there is material in the second book which is rehashed from the first, that is covered under the copyright of the first book (which has terminated in the example), for whatever that's worth.

      --
      -- 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.
    200. Re:Don't stop at just the labels... by cpt+kangarooski · · Score: 1

      No, only the new material added in the new books. A copyright doesn't cover a character per se, it covers works. All the attributes of Harry Potter that originate in the first book will be in the public domain before the attributes of Harry Potter from the second book. Even when those attributes appear in the second book, since they originated from the first, they will be public domain once the first book is. At that point you can make a derivative of the first Harry Potter book, using the Harry Potter character as he was then (and changing whatever you like, so long as you don't draw upon the later books still in copyright) and you're fine. Just don't use anything from the later books yet. That's the thing about derivative works -- they're only copyrightable to the extent that they are not derivative. All the derivative material falls under the copyright of the earlier work from which it comes.

      --
      -- 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.
    201. Re:Don't stop at just the labels... by geohump · · Score: 1

      Its clear from both your first comment and your reply to my response that you did not and do not understand the definitions. Further you made a very sad attempt to post-claim a position where you had had none at all and where you had said nothing at all related to that position in your first post. In your first work you spoke only of natural rights and your "work", referring only to either copyright or patents, the only thing the discussion is focused on. This attempt to re-write your position reminds me of something... what is it? Oh yes, Thats it. The Bush Administration. Perhaps you can get a job as the next press secretary to be chewed up and spit out. :-)

      I suggest you re-read everything you wrote and examine the second post for lack of relevancy.

      Thread is done. You already lost. Next time please make a reply worth reading. Put some thought into it
      The key point here is that you have NO natural rights to your ideas, only artificial ones. Crao, I'm not even going to review this.

    202. Re:Don't stop at just the labels... by Eskarel · · Score: 1
      Physical property is a fundamental right, at least in our society, intellectual property is not. I have a right of ownership over physical objects, and that right passes along with the physical object.

      A car is used to provide a person with a means to get from point A to point B, and only really provides value to the person who possesses it. We have physical property rights in order to prevent someone from taking a thing away from someone. Ideas have more value the more people use them, so we have different laws and rights for them. Ideas and things are not the same, and should never be treated the same.

      There's nothing wrong with people inheriting things. What is wrong is someone being continually paid(new money, not old) for something they didn't do.

    203. Re:Don't stop at just the labels... by Anonymous+McCartneyf · · Score: 1

      It's worth something, since Rez seemed to think the rehash would re-copyright the material. Thanks.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  2. MAFIAA by User+956 · · Score: 5, Funny

    If we can get enough exposure and get in the top 40 by the end of the week, do we necessarily need a large label? Probably nowadays, no you don't.

    I'm sure some burly men in suits from the RIAA would have something to say about that. You wouldn't want anyone to get hurt, would you?

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:MAFIAA by Anonymous Coward · · Score: 0

      I'm sure they will get signed very soon, so they can claim to all the artists that nobody ever survives without the RIAssA

  3. The answer by PurifyYourMind · · Score: 5, Funny

    Is this finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production? Or just a sell-out waiting to happen?

    Yes.

    1. Re:The answer by Frogbert · · Score: 5, Funny

      Before you mod this guy down note that he isn't being a tool. He is just parsing the GP's comment using boolean logic, and is therefore correct.

    2. Re:The answer by durnurd · · Score: 0
      Before you mod this guy down note that he isn't being a tool. He is just parsing the GP's comment using boolean logic, and is therefore correct.
      Not necessarily. If the question were more along the lines of "Is this finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production or is it not the case that this is finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production?" then "Yes" would have been a true statement. However, since the question asks about two options which have not been proven to be mutually exclusive, "Yes" is not logically the one correct answer. He is actually taking some risk in stating that one of the two possibilities is true. Other possibilities present themselves, such as this band suddenly disappearing off the face of the planet and everybody forgetting about them. Not likely, but possible.
      --
      --Edward Dassmesser
    3. Re:The answer by Frogbert · · Score: 1

      +1 Taking it too far.

    4. Re:The answer by Miseph · · Score: 1

      "such as this band suddenly disappearing off the face of the planet and everybody forgetting about them. Not likely, but possible"

      Actually, it's by far the most likely option. Contract or no contract, most bands are lucky to get even one big hit, and beyond that is virtually unheard of... what's that you say? I can name tons of bands with multiple big hits? Well sure, but for every band you can namer that does, there are probably several thousand that could be named which never even had one. It's like winning the lottery, the odds are abysmal for any individual, but given a large enough number of participants SOMEBODY will do it.

      --
      Try not to take me more seriously than I take myself.
    5. Re:The answer by Scarblac · · Score: 1
      Is this finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production? Or just a sell-out waiting to happen?

      Before you mod this guy down note that he isn't being a tool. He is just parsing the GP's comment using boolean logic, and is therefore correct.

      No he isn't, at least he's not correct just by the fact that he's using boolean logic. After all, "this is finally the crack in the dam" and "this is just a sell-out waiting to happen" are not each other's negatives. They could both be false. The answer is only Yes if one of them is true. It's "A | B", not "A | !A".

      (I find myself breathing deeply, and glancing at the "...for Nerds" at the top of the page, several times, before I dare post this)

      --
      I believe posters are recognized by their sig. So I made one.
    6. Re:The answer by Anonymous Coward · · Score: 0

      he isn't being a tool. He is just parsing

      If he's parsing text, then obviously, he must be some kind of tool. You know, like our good buddy Sed.

  4. Observer affecting the experiement by Kris_J · · Score: 5, Insightful

    Unfortunately, now that they've gotten this extra publicity due to not being part of a big label, the results are largely meaningless. Much as I'd like to say that this signals the end of the big labels, this almost proves that you do still need them for the halo of hype that surrounds the industry. When a song or album is hugely successful for no reason other than the quality of music, then we will finally have moved on from the artificial reality created by the big music labels.

  5. A sensible way to measure popularity by gearmonger · · Score: 2, Insightful
    I had no idea the Brits were so forward-thinking in this area.

    Of course, the RIAA would never agree to legitimizing downloads like that...at least not until several more management changes happen and they get someone in their leadership who's actually owned an iPod.

    1. Re:A sensible way to measure popularity by shark72 · · Score: 1

      "I had no idea the Brits were so forward-thinking in this area. Of course, the RIAA would never agree to legitimizing downloads like that...at least not until several more management changes happen and they get someone in their leadership who's actually owned an iPod."

      Huh? Billboard in the USA has been publishing the top digital albums/tracks for months now, if not years. Not to devalue what they're doing in the UK now... but they're late to the party.

      The RIAA-member labels have also been tracking illegal downloads (for marketing purposes, I mean, not just to figure out whom to sue) for years now; BigChampagne is the leader here.

      At any rate, even if you weren't aware of this, I'm not sure why you don't think RIAA-affiliated labels would be interested in tracking online sales. My guess is that the labels make the same or better margin on downloaded tracks than on CD sales.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:A sensible way to measure popularity by 2sheds · · Score: 1

      AIUI, it's not that the data hasn't been published before - there are well established lists of downloaded tracks in the UK. It's that they're being included in the 'official' charts, i.e. those published by the BPA (our version of the RIAA). So it's actually quite progressive.

      I've always thought Apple could steal a march on the labels by turning iTunes into a virtual label itself - get new bands online without central contracts. A way to scare the RIAA into being a little less the bully boy if it takes off, surely? I stand to be corrected as to why that is in fact a bad idea (other than they'd get sued by Apple Records *again*).

      --

      Absit Invidia
    3. Re:A sensible way to measure popularity by Anonymous Coward · · Score: 0

      No country buys more CDs than the UK, and no country produces as much music.
      The were the first with digital downloads in the charts also.

  6. Half of the record labels' power comes from... by PurifyYourMind · · Score: 3, Insightful

    ...making artists *believe* that they (the record labels) are the only way to make it big. It's a self-fulfilling prophecy of sorts.

  7. Grammar police by Shippy · · Score: 5, Funny

    The header should be 'Download-Only Song to Crack the Top 40'. When I first read it, I thought it was a request to download the only song ever to get into the Top 40. Which doesn't make sense for several reasons. :)

    --
    -Shippy
    1. Re:Grammar police by micrometer2003 · · Score: 1

      I was disappointed. I thought something more comparable to NKC's "Unforgettable" would crash through this barrier first.

    2. Re:Grammar police by iBod · · Score: 1

      I think you're confusing Slashdot's editorial standards with those that operate in the real world.

      This is a grammer-free zone.

    3. Re:Grammar police by Blue+Stone · · Score: 1

      Not to mention a spelling-free zone.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    4. Re:Grammar police by iBod · · Score: 1

      >>Not to mention a spelling-free zone.

      Absofeckinlutely!

      BTW very good link -> no2id!!

  8. I told them this. by SickLittleMonkey · · Score: 4, Insightful

    Well, at least I told a young BMW-driving yuppie from a major label. It was back in the mid 90's. "Adapt or die" I said. "Hah! You don't know what you're talking about," he repied. "We filter out all the crap music you don't want to hear!"

    Yeah, right. I now repeat: Adapt or Die!

    SLM

    --
    main() {1;} // zen app
    1. Re:I told them this. by Anonymous Coward · · Score: 1, Insightful


      Yeah, right. I now repeat: Adapt or Die!


      Yup... Couldn't agree more.

      Most telling thing for me: From 1995 to 2004, how many CDs did I buy? One. The soundtrack to LOTR. In 2006, once I installed iTunes, how much money did I spend on music? Over $100 so far and counting. This includes some impulse buys such as:

      Men At Work - picked up on a whim when I saw "Overkill" performed on Scrubs.
      Tom Petty Greatest Hits - picked up on a whim when I saw "American Girl" on Scrubs
      Dylan's Modern Times - saw a retrospective on NPR bought it during the show
      Plus a few dozen artists I've never heard before for songs such as Loituma, some Celtic girl band that was on PBS, etc.. etc..

      I would *never* have bought these in a store and the 0.99$ per song is worth the convenience for me. Yeah, I've likely parceled off a piece of my soul because of buying into DRM stuff, but I do that each time I set my house alarm for fear that some kid will break in and steal my prize bottlecap collection.

    2. Re:I told them this. by Simon80 · · Score: 1

      Dude, buying iTunes Music isn't progressive, iTunes is basically the record labels, shoehorned into the internet. Eventually I hope bands will use recordings purely as (freely resdistributeable) marketing, and make their money off live recordings and merch.

    3. Re:I told them this. by magicchex · · Score: 1

      You saw a retrospective on NPR?

      Please, teach me how to see sound on the radio.

      --
      How many fulltime jobs can one man have?
    4. Re:I told them this. by larry+bagina · · Score: 1

      LSD isn't a new linux/BSD distro.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    5. Re:I told them this. by Anonymous Coward · · Score: 0

      "Hah! You don't know what you're talking about," he repied. "We filter out all the crap music you don't want to hear!"

      Dude... If you happen to run into this record-label exec again, can you let him know they have the filter installed backwards? Crap music is the only thing coming out of my radio.

    6. Re:I told them this. by poot_rootbeer · · Score: 1

      "We filter out all the crap music you don't want to hear!"

      Unfortunately they've had that filter set to lowpass instead of highpass for a couple decades now, and have been giving us the crap music while getting rid of the brilliant stuff.

    7. Re:I told them this. by VB · · Score: 1

      Men At Work - picked up on a whim when I saw "Overkill" performed on Scrubs.

      Colin Hay's best rendition!

      --
      www.dedserius.com
      VB != VisualBasic
    8. Re:I told them this. by mbourgon · · Score: 1

      I didn't think this was accurate, until last week. I was trying to see if there were any books out in 2006 that I might be interested in, that I hadn't read. So I went to Amazon - there were about 300 SciFi books published last year. I figured no big deal.

      They included vanity presses. Amazon had 2400 SciFi books, all "published" last year. How do I even begin to determine what might be interesting to me? Word of mouth had gotten me a few dozen. But there was a sea of them. And randomly flipping through 40+ pages of listings, there was a good /reason/ these were vanity-published. So, in a sense, they're right - labels can filter. For music, at least, I can listen to a track by a band, and if I do that all day long I could probably keep current with what's being sold, and catch something I'd like, buried in the stuff I don't. But it's a royal pain to do so. Again, a label /can/ act as a filter. Sony? No. Cuneiform? Yes. Cuneiform is a small label, specializing in a particular type of music. If you like a certain album on their label, odds are you will like many other albums on that label. Sony will publish pretty much any genre, and give you a rootkit as a bonus.

      --
      "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
  9. In Polish, the band name means... by BeneathTheVeil · · Score: 4, Funny

    poop.

    Having sampled some of the music, I must applaud them on truth in advertising.

    1. Re:In Polish, the band name means... by Anonymous Coward · · Score: 0

      Yes- the word "shite" does come to mind.

    2. Re:In Polish, the band name means... by XB-70 · · Score: 1

      That's no reason to dump on them. These little shits are just out to spread it around.

      --
      *** Don't be dull.***
    3. Re:In Polish, the band name means... by Anonymous Coward · · Score: 0

      I haven't heard any but since they namecheck U2 and Razorlight in the article I feel safe in reaching a similar conclusion myself.

      captcha=bootlegs

  10. Here the song by sirnuke · · Score: 5, Informative

    The song is Blag, Steal, and Borrow and they have a Video, if you wish to hear the song.

    --
    Zing!
    1. Re:Here the song by SpooForBrains · · Score: 1, Insightful

      God, what utter SHITE!

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    2. Re:Here the song by Anonymous Coward · · Score: 0

      For those of you Slashdotters wondering, the term "blag" means "to obtain for free, particularly by guile or persuasion." It is, unfortunately, not a clever reference to xkcd, nor is it a subtly satirical commentary on today's wired-together yet disconnected, hermitic, and egocentric blogging-obsessed youth. Oh well.

    3. Re:Here the song by DeafByBeheading · · Score: 1

      This is it? More power to them for accomplishing this, but they don't really *sound* like they're not on a major label... I was hoping a milestone like this would be led achieved by a band with a sound that felt new. Then again, maybe that's the point.

      --
      Telltale Games: Bone, Sam and Max
    4. Re:Here the song by savorymedia · · Score: 1

      They're not absolutely terrible but they're nothing revolutionary, either--just your basic, modern-day pop rock. Sounds like 90% of everything else on rock radio nowdays.

      The drummer overplays more than a bit, though. You'd think he was either madly in love with...or was *really* pissed at...his crash cymbal.

      --
      1 is the square root of all evil.
    5. Re:Here the song by LacroixDP · · Score: 1

      I would love to listen to it, but the song on Youtube is so poorly mixed, I can't understand a single word being sung. It sounds like all the other sound they call music these days on the radio... how I long for a 24x7 Bruce Cockburn station :/

    6. Re:Here the song by Anonymous Coward · · Score: 0

      Hehehe... you said "Cock".... Hehehehe

    7. Re:Here the song by SeaFox · · Score: 1

      You mean we can't download the song?

  11. Likelihood of selling out? by Diluted · · Score: 3, Interesting

    Probably slim, considering the lyrics of the music being anti-sellout...

    Unless they're REALLY hypocritical, which is always possible I suppose.

    1. Re:Likelihood of selling out? by the_humeister · · Score: 1

      Kind of puts Lennon's lyrics to Imagine into perspective as well, eh?

    2. Re:Likelihood of selling out? by Skidge · · Score: 1

      Well, maybe they took the hypocritic oath.

    3. Re:Likelihood of selling out? by aussie_a · · Score: 1

      Its not hypocritical to change your opinion. What would be hypocritical is to continue proclaiming Macs are for fags (assuming this is a bad thing) while continuing to use a Mac yourself.

    4. Re:Likelihood of selling out? by Anonymous Coward · · Score: 0

      You haven't been paying attention for the last 40 some odd years, have you? The music industry makes a lot of money by "co-opting the rebellion", that is, they see what young people are rebelling against, and create products that speak to that rebellious attitude, and "the man" profits by helping kids proclaim their disaffection with the man. John Lennon did it, Nirvana did it, Koopa will do it if the labels give them the money to.

  12. This must be last years news. by Anonymous Coward · · Score: 1, Interesting

    From this week (7th Jan, 2006), all downloaded music sales are counted in the official UK chart.

    2006!

    1. Re:This must be last years news. by nagora · · Score: 1
      2006!

      Frig! My fault; it was, of course 2007.

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  13. arctic monkeys by bubba_the_mermaid · · Score: 1

    From my understanding, the arctic monkeys played a bunch of shows, and got a cult following of sorts. Some of their fans started bootlegging the shows and sharing them so successfully that there would be sing alongs to the choruses of "yet-to-be-released" songs.

    If you believe the hype, they didn't set up their myspace page, people posted it on their behalf.

    If you believe all of this, then the grassroots movement is alive and well in the UK.

    Or else it could just be a form of "guerilla marketing". Either way, the band, and their manager(s) get paid.

    1. Re:arctic monkeys by westcoast+philly · · Score: 1
      I belive the hype.. I mean, who the f**k are the arctic monkeys?


      I'm trying to find a copy locally... though I'm sure I'll find it eventually. I downloaded first, and it led to a (eventual) sale. The internet works.

    2. Re:arctic monkeys by Salsaman · · Score: 1
      who the f**k are the arctic monkeys?

      They did that song "I bet you look good on the dancefloor". Don't tell me you never heard that one before ?

    3. Re:arctic monkeys by westcoast+philly · · Score: 1

      LOL. That's one of the early singles/EPs. Look it up.

    4. Re:arctic monkeys by Anonymous Coward · · Score: 0

      Sure, I know it. I don't think the parent did though.

  14. Already a sell out? by Anonymous Coward · · Score: 5, Interesting

    I'm suspicious, this seems like it could be a manufactured media phenomenon. Their song includes lyrics about getting into the charts. Their logo is a parody of the UK's age-rating logo. Their site is really slick, it's all a bit too knowing for their "underground" image.

    Their whois points to a local web design/media branding firm, maybe they just laid it on a bit thick. From their myspace:

    "Listen to KOOPA and you realise that this is not that watered- down, manufactured sound designed to impress your younger brother, little sister and please your parents."

    Hint: it's not cool to say you're cool.

    On they other hand they supposedly come from my home town (Colchester, UK), and are gigging here tomorrow. Might as well check them out for real...

    1. Re:Already a sell out? by datafr0g · · Score: 2, Interesting

      You make some good points. While they may not be signed up to a label, they may as well be signed from a promotion and marketing perspective.... and unfortunately that's where most of the bullshit lies in the recording industry these days. It all looks a little too slick to be "real".

      Perhaps I'm just being too cynical but the only difference I can see between these guys and a signed equivalent is that they don't have anyone distributing shiny dics for them. The marketing crap is all there 100%.

      --
      "Who says nothing is impossible? Some people do it every day!" - Alfred E. Neuman
    2. Re:Already a sell out? by Cheesey · · Score: 2, Interesting
      Interesting point.

      I think you're right - it is a manufactured media phenomenon. But the manufacturer is the band manager. He's clearly figured out a way to get publicity:
      1. Create Internet presence including Myspace
      2. After X many downloads, send out press releases saying "We could be in the top 40! And we're independent! Woo!"
      3. Story is picked up by newspapers and Slashdot
      4. More exposure means more downloads
      5. Band actually does enter the top 40
      6. Profit!
      7. Reinvest profits to gain more publicity
      8. More profit!

      In other words he has done the marketing work of the record company, and used the Internet to do the distribution work. Clever stuff. As you have found, it shows through in the web page, where the marketing speak of a typical record company has been carefully emulated.

      The labels don't have a monopoly on "bollocks" yet.
      --
      >north
      You're an immobile computer, remember?
  15. Isn't it funny by Anonymous Coward · · Score: 1, Informative

    How they sound just like every other pop punk boy band on the major labels for the last decade.

    But they're not bad. That song "Hold" is pretty catchy.
    http://www.myspace.com/koopa (easy place to hear their stuff)

    Not a bad independent achievement though. Hopefully other genres will follow.

  16. Marketing by pyr3 · · Score: 1

    Internet or not, the one thing that bands don't have is the marketing engine to consistently push their songs they way that the major labels do. The real break through for internet-only unsigned bands is when internet-only/word of mouth advertising is enough to get them into the Top 40 consistently, and on top of the record label pushed songs.

    It's great that this band has made it to the top on their own, but how many other homebrew bands will be able to do this? If they are just an anomaly, then it doesn't mean much. I'm not holding my breath until this starts happening more often.

    1. Re:Marketing by kfg · · Score: 2, Insightful

      And yet Zappa managed to make a living as an independent in the days of vinyl discs while getting virtually no radio play of his wholly uncommercial product. He paid Capital, in advance, to distribute his records.

      Now you don't even have that hurdle.

      Top 40 is itself is a record company scam. Part of their "buzz" machine. As an artist what you looking for is to make a living, not make the Top 40. Keep your eyes on the prize, lest someone apply missdirection and head you off on the wrong path, while keeping all the money.

      KFG

    2. Re:Marketing by Virtual_Raider · · Score: 1

      It's great that this band has made it to the top on their own, but how many other homebrew bands will be able to do this? I will go out on a limb here and say that no more than 40 bands will be able to make it :P +R
      --
      +Raider of the lost BBS
  17. Hang on a sec... by Xaroth · · Score: 3, Funny

    Download Only Song to Crack the Top 40

    It can't be the only song to crack the top 40 - there had to have been 39 others there already! And besides, you didn't give a link to the song, so how can I download it?

    Er, no wait. That's not right at all. I'll tell you what - I'll just grab a spare hyphen from my giant bag of them here, and you're free to use it wherever you like in the headline that makes it mean what you intended.

    1. Re:Hang on a sec... by Amonnil · · Score: 1

      Are you trying to use up your hyphens--or did your bag of dashes run empty? Because--as you can see--they are not the same.

    2. Re:Hang on a sec... by nagora · · Score: 1
      I'll just grab a spare hyphen from my giant bag of them here, and you're free to use it wherever you like in the headline that makes it mean what you intended.

      In my defence I'd like to point out that samzenpus changed my original headline, which had no need of the missing hyphen. Thank God Taco wasn't on duty, that's all I can say!

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:Hang on a sec... by Anonymous Coward · · Score: 0

      No, a hyphen is what's needed. N-dashes are used to indicate number intervals, m-dashes are used to separate clauses, and hyphens are used to join words into compounds (or to break one word over two lines)

    4. Re:Hang on a sec... by Anonymous Coward · · Score: 0

      Are you trying to use up your hyphens--or did your bag of dashes run empty? Because--as you can see--they are not the same.

      Thus illustrating the difference between adding punctuation for clarity (and, in this case, humourous intent), and base pedantry.

  18. Labels are sooooo last-millenium by inviolet · · Score: 5, Funny

    Clearly, this is not a good millenium to be a business whose profit model consists of controlling access to information channels.

    First they came for the travel agents, but I did not speak up because I am not a travel agent.
    Then they came for the stockbrokers, but I did not speak up because I am not a stockbroker.
    Then they came for the newspapers, but I did not speak up because I am not a newspaperman.
    Then they came for the record labels, and there was great rejoicing.

    --
    FATMOUSE + YOU = FATMOUSE
    1. Re:Labels are sooooo last-millenium by Anonymous Coward · · Score: 0

      Audio Guy: "My opponents are proponents of their own components."

    2. Re:Labels are sooooo last-millenium by revolu7ion · · Score: 1

      Taken from Monty Python and the Holy Grail
       
      "...and they ate Robyn's Record Lables. There was much rejoicing. (yay)"

      --
      Jesus Saves
    3. Re:Labels are sooooo last-millenium by Anonymous Coward · · Score: 0

      Similar to the church which claims to control access to God.

    4. Re:Labels are sooooo last-millenium by Anonymous Coward · · Score: 0


      I work for a travel agent. We have more visitors to our websites than any other travel company in the country. We also continue to get most of our sales through our extensive retail network.

      (posted anonymously because some of those facts maybe aren't public)

  19. Need a Big-name label? by NoseBag · · Score: 2, Insightful

    "If we can get enough exposure and get in the top 40 by the end of the week, do we necessarily need a large label?"

    No - if you've got $25-$50K laying around to get a few thousand cd's printed, and have a marketing team ready to burn shoe-leather talking the stores into putting the cd's on their shelves, and a management & accounting firm to press the retailers for your receipts.

    Or - hire some grunts to run a print-on-demand setup, and a flunky to run a website and take orders paid by paypal while you cut tracks for a 2nd cd.

    --
    Cloned foods give the statement "We had that last week!" a whole new meaning.
    1. Re:Need a Big-name label? by Satertek · · Score: 1

      "No - if you've got $25-$50K laying around to get a few thousand cd's printed" Or spend $20 for a domain name, some web hosting and a PayPal account.

    2. Re:Need a Big-name label? by Svartalf · · Score: 1

      I think you'll find the second one plus download sales to be enough. The first one's playing by their rules, a game you will NOT win out on.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  20. Linux end of MS, nuclear end of fossil fuels by EmbeddedJanitor · · Score: 1

    One TOp 40 song does not mean anything.

    --
    Engineering is the art of compromise.
  21. Who are the good guys? by Anonymous Coward · · Score: 4, Insightful

    I keep reading these articles and it always seems to come down between greedy, callous, paranoid record labels on one side, and greedy, sanctimonious, flippant music fans on the other side, with the bands in the middle trying to figure out how they can be rich and famous and retire at age 26. It's all self-serving bullshit on all sides.

    There is no music industry unless someone, somewhere pays for the music, and there better be a fair number of someones to make the money worthwhile, at least for the winners of the game. You can and will get inspired amateurs willing to work for nothing, or for gig money, but you won't get the explosion of creativity that comes from lots of talented people working their butts off for years trying to reach stardom.

  22. So, being from the USA... by lewp · · Score: 3, Interesting

    If I buy this CD with my USA credit card and my USA address, will it count towards the total tally?

    If it'll help get them in the top 40 without major label backing, I've got two bucks (or whatever 77 pence is in dollars nowadays), but I don't really like the song very much :P.

    --
    Game... blouses.
    1. Re:So, being from the USA... by happy*nix · · Score: 2, Interesting

      I hope so.

      I'm not a big music fan, but the song was lively and enjoyable. The song was avialable in DRM-free mp3 (alas no ogg) so I bought it. It is undoubtedly worth ~$1 to speed along the distruction of the existing media cartels.

      Some of Koopa's other song samples didn't fit with my tastes, so thy might be a one hit wonder for me. That's ok so long as that homerun hit breaks the RIAA's windshield parked in the back lot. ;-)

      --
      Gone to my happy place.
  23. It's amazing that... by greenguy · · Score: 2, Insightful

    a download would be the only song to crack the Top 40.

    --
    What if I do the same thing, and I do get different results?
    1. Re:It's amazing that... by Bambi+Dee · · Score: 1

      Especially considering "Download" might just be Skinny Puppy's least accessible tracks.

    2. Re:It's amazing that... by grimJester · · Score: 1

      Apparently, because of all the music downloading, no other song sold a single copy. It finally happened. Pirates killed the music industry.

  24. Had to be done by NewsWatcher · · Score: 2, Interesting

    I read recently that in the UK some artists who cater mainly for older clientelle were making it into the charts. The reason being that their aged fans did not know how to download their songs. Other more web-savvy younger users were downloading so many songs from their favourite artists that they no longer needed to by their albums, so the artists who were actually popular just didn't make the charts anymore.

    This move to include download sales is not just a natural progression to indicate popularity of artists, but a commercial necessity for the music companies. How can they promote a platinum-selling artist who has only really sold a handful of albums?

    Of course, if they really want to gauge the popularity of artists, they could also start to look at how many people are searching for their music at BitTorrent sites or on Limewire. Eventually this will also have to go into the mix if they want an accurate gauge of what people want to listen to.

    --
    If the pattern goes 9am, 10am, 11am, why isn't noon 12am?
    1. Re:Had to be done by dangitman · · Score: 4, Insightful

      Of course, if they really want to gauge the popularity of artists, they could also start to look at how many people are searching for their music at BitTorrent sites or on Limewire.

      But the Top 40 is not about gauging popularity. It's about gauging sales.

      --
      ... and then they built the supercollider.
    2. Re:Had to be done by Atario · · Score: 1
      But the Top 40 is not about gauging popularity. It's about gauging sales.
      You misspelled "gouging".
      --
      "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    3. Re:Had to be done by dcam · · Score: 1

      But the Top 40 is not about gauging popularity. It's about gauging sales.

      And sales are a pretty good reflection of popularity. I'd bet that there is a pretty close correlation between sales and # downloads on P2P.

      --
      meh
    4. Re:Had to be done by Stone+Pony · · Score: 1
      This article from The Times this week suggests that the beneficiaries may well be much longer-established acts.

      Your argument doesn't stand up to the realities of the UK charts. This won't help the labels to promote the latest hot, new thing (whose download sales are already included in the chart calculation, so long as their music is also available on physical media) half as much as it'll help bands from twenty years ago. Those bands' back-catalogue download sales to 40-somethings like me who are filling up their MP3 players with the music of their youth will quite possibly project them back into the charts.

    5. Re:Had to be done by dangitman · · Score: 1

      There isn't a good correlation if an artist offers their songs for free - because then there would be no sales, regardless of how popular they are.

      --
      ... and then they built the supercollider.
  25. Where does/could/will/whatever this lead? by Opportunist · · Score: 1

    Generally, I can see a few roads this can walk down.

    The first, and obvious one, is that some label approaches them, dumps out a sack of greenbacks and they grab it. Who wouldn't? It's one of those win-win situations. The bands makes good money, the studios do too (and they keep the business free from the stain of non-labeled success), sure, the customer loses in that deal, but then, who cares 'bout him?

    The less obvious, more the 'deamer' version, is that the label approaches them and receives the finger. That would get them a ton of exposure for sure, and probably quite a few people who'd just buy their stuff, whether they like it or not, just for the sake that they told the label to count to four in binary with their fingers. I could see the RIAA to respond with a lot of red tape and pulling out some songs to claim they are copying something and make them spend more time in court than in studios to silence them.

    And then there's of course the possibility that the labels themselves see the new venue of selling content without the expense of pressed CDs. I predict a botched job, as usual, but I'm almost certain they'll try to copy the idea.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. INTERNET PENETRATION NOT 100% by cdrguru · · Score: 1

    I know this is a difficult concept to get your head around, but there are some people that do not download music. There are some people that do not have access to the Internet for entertainment.

    The question for this band is "Can you live without these people?" If the answer is yes, then they are headed in the right direction.

    So far, the answer has been a resounding "No way".

    1. Re:INTERNET PENETRATION NOT 100% by dtzWill · · Score: 1
      There are some people that do not have access to the Internet...
      ..."Can you live without these people?" If the answer is yes
      You must be new here. :-)
    2. Re:INTERNET PENETRATION NOT 100% by Duds · · Score: 1

      How can you conclude the answer is no when in week 2 (despite the headline) of the new rules a band is doing it.

      It's also misleading because even the old rules allowed a single to enter a week in advance if there was a single to be released. Gnarls Barkley entered at #1 on download sales alone LAST YEAR.

      So where's the no?

    3. Re:INTERNET PENETRATION NOT 100% by rote_locke · · Score: 0

      Internet penetration? Is that a new definition of cybersex???

    4. Re:INTERNET PENETRATION NOT 100% by Anonymous Coward · · Score: 0

      Heh Heh Heh Heh .. He said "INTERNET PENETRATION" Heh Heh Heh .

  27. what I would do by ILuvRamen · · Score: 2, Funny

    If it got to the top 40, if I was them, I would totally make a recording company meet to talk over dinner at a fancy restaurant and pretend to be interested then say I'll be right back then get up and moon them and run out on the bill. I think their popularity would drop simply by selling out so they're right, they don't need some big, greedy, money whores breathing down their necks telling them what to do and where to go and all that BS.

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    1. Re:what I would do by WilliamSChips · · Score: 1

      I'd do something similar, but instead of rejecting them outright I'd let them sell one CD on the sole condition that they don't change one note or one word. And I'd fill the CD with songs negative toward the RIAA and whatever record company asked me.

      --
      Please, for the good of Humanity, vote Obama.
    2. Re:what I would do by Anonymous+McCartneyf · · Score: 1

      Sure! The label will love that!
      Unflattering songs about record labels have been written for ages. Think of "You Never Give Me Your Money" by the Beatles, "Old Time Rock and Roll" by Bob Seger, "This Note's for You" by Neil Young, "Cover of the Rolling Stone" by Dr. Hook... It's a subgenre. The RIAA might not be crazy about that type of song, but if the songs sell RIAA records, the RIAA label will be happy to promote your album.
      Especially if creative freedom is all you ask for.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    3. Re:what I would do by WilliamSChips · · Score: 1

      Unless of course I give the unedited URL to the Pirate Bay.

      --
      Please, for the good of Humanity, vote Obama.
  28. At last by BCW2 · · Score: 1

    This has been tried a few times before but this time by a band with a good enough song to make it. I hope they don't sell out and that they make the top 10. That would cause major heart problems throughout the RIAA. More power to this band and I hope they make it.

    --
    Professional Politicians are not the solution, they ARE the problem.
    1. Re:At last by cdw38 · · Score: 1
      You should really try listening to your local independent radio station. There are THOUSANDS of independent artists out there with songs that are easily musically "good enough." At least to me, those guys sound like the same tired can't-sing-worth-a-damn Bad Religion punk wannabes. I'll pass.

      Check out this song by a tiny little Baltimore, MD-based band called The Bridge. Normally sell about 300-400 tickets at $10-15 a pop for their shows in Baltimore and are lucky to sell 50 for $5 a pop outside of Maryland/DC. And easily sound as good, if not better, than bands making millions of dollars a year and packing huge Madison Square Garden.

      I'm amazed at some of the replies like "Wow! Independent music! Can I buy some to help stick it up the RIAA's ass!?!" Wake up. Independent musicians have been in the top 40 before (Grateful Dead, Phish, among others). And there are ton of them. Don't support a band you don't like just because they are trying to make money without signing on with one of the big four.

    2. Re:At last by BCW2 · · Score: 1

      Nothing new. Back in the 70's and early 80's when I did the bar scene there were many bands that we all thought should "make it". Songwriting, performing, these people had plenty of talent and several were better than what was heard on the radio. None of them did. If they couldn't get a record deal they were condemed to be bar bands forever. At least now there is a possible alternative path to success.

      --
      Professional Politicians are not the solution, they ARE the problem.
  29. Re: Download Only Song to Crack the Top 40 by Franklin+Brauner · · Score: 2, Funny

    "Is this finally the crack in the dam we've all been waiting for to wash away the entrenched monopolies of 20th century music production? Or just a sell-out waiting to happen?" No pressure.

  30. Sort of... by Rix · · Score: 1

    Take away copyrights, and any employee can leak your source, and there's nothing you can do about it.

    1. Re:Sort of... by Profane+MuthaFucka · · Score: 1

      You can be contractually prohibited from doing that, as a trade secret. Copyright isn't the main reason why corporate source code is not leaked all the time. It's the NDA's.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  31. Still need good production and promotion by Timbotronic · · Score: 2, Interesting

    Not yet. I think the Slashdot crowd massively underestimates the impact that experienced producers and recording techs have on music quality and popularity (not that the 2 always go together). Then of course there's good management and yes, marketing.

    Of course there will be times when a band/artist gets enough right to make the charts (or even just a decent living) independently. However, there's an obvious problem with this idea that bands should just record their own music, put it out there and then allow market forces to pick the best stuff.

    What if they can't afford a decent studio, or don't have the discipline to do enough takes until the sound is right, or the drummer sucks? Good production has turned a lot of bad music into good. An artist can be incredibly gifted musically but that doesn't mean they know the best way to record their music, or the point where a guitar solo stretches from cool to self indulgent wankery.

    I think the tide will turn, but it needs to involve more people than just the artists themselves. I think we'll need to see a bunch of small to medium level labels dedicated to talent scouting, production, recording tech, management and marketing before the biggies start to get squeezed.

    --

    One of these days I'm moving to Theory - everything works there

    1. Re:Still need good production and promotion by zotz · · Score: 1

      "What if they can't afford a decent studio, or don't have the discipline to do enough takes until the sound is right, or the drummer sucks? Good production has turned a lot of bad music into good. An artist can be incredibly gifted musically but that doesn't mean they know the best way to record their music, or the point where a guitar solo stretches from cool to self indulgent wankery."

      Record you music in Ardour:

      http://ardour.org/

      Release the project file with a copyleft license. Say Creative Commons BY-SA for argument.

      If the guitar track is bad, someone else can add a better one. Someone else can add some reverb on the backing vocals. Others can try different mixdowns. Still other can master with something like Jamin.

      http://jamin.sourceforge.net/en/about.html

      I have a feeling you might get a few gems in with all the junk.

      Anyone who wants can burn CDs of such songs and flog them on the street or in their shops. Any band that wants can perform them.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    2. Re:Still need good production and promotion by Anonymous Coward · · Score: 0

      Sometimes it's the production or mixing that IS the art. Often times I buy a record based on the fact of who made it rather than the band - good production and good mixing are creative arts onto themselves. And they mostly aren't "live" arts.

      Martin Hannet, the Neptunes, King Tubby, Phil Spector - these are folks that could make greatness from very simple music.

      Anyhow all this talk about the monopoly being over is premature. Sounds to me more like we go from 5 majors to ONE major (i.e. Apple and it's iTunes DRM music store). And with this move we also get locked into one maker of playback hardware. The bar is lower to get in the game, but it's not all roses...

  32. there can be real value in big labels... by tjr · · Score: 3, Interesting

    There can be real value in big labels. What if, say, the Beatles had tried to make it without a label. Would they be able to succeed today? Maybe. But part of what made them so great was the contributions made by folks like their producer George Martin and the various sound engineers they worked with. They added real tangible value to the music, especially as the Beatles started wanting more complex arrangements. They might not have ever come together if not for the recording label that employed Martin and the engineers. On the other hand, today we have so much great music technology that it's much easier to make a whole wonderful recording without leaving your bedroom. But you still have to know how to use that technology. Some bands do. Some do not. For those that do not, the labels may still offer some benefits. That said, some of the labels also seem to offer other things that aren't necessarily beneficial to the artists...

    1. Re:there can be real value in big labels... by Anonymous+McCartneyf · · Score: 1

      Hey, don't get carried away!
      The Beatles were 3/4ths together when Parlaphone/EMI signed them. They didn't have to look hard to find Ringo.
      True, without a record label, they could not have made Revolver or Sergeant Pepper's Lonely Hearts Club Band or Magical Mystery Tour. We might not even know how they sounded. We can thank EMI for that much: until recently, only record labels could arrange that sort of thing, and not all of them would have back then.
      But I am told that, before they were signed, they were a great live band. Of course, this is hard to prove--there is at most one live recording of them before they were signed, and it's bad recording quality. But if you listen to Please Please Me, you should get a hint of what they were like before.
      Oh--and EMI did gouge the Beatles all it could: more than usual, in fact, since neither the group nor their manager had business experience when they were signed. If the Beatles had not been one of the most successful bands of all time, the record deal would've turned disastrous for them...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    2. Re:there can be real value in big labels... by tjr · · Score: 1

      They were a great live band, and you're right, "Please Please Me" does give us a good hint as to what they sounded like. Even around that time, though, when they first got started on EMI, Martin was helping to some degree.

      I do not doubt that they would have been (and indeed were) a great band without EMI; all I was trying to say was that the label provided them with resources that, most likely, they wouldn't have otherwise had.

    3. Re:there can be real value in big labels... by Anonymous Coward · · Score: 0

      That may be true in the Beatles' day, but the primary value in labels today is that they control the pipeline to the retail outlets. All other benefits they provide either support that pipeline (such as radio placement) or is funded by the control of the pipeline (the ability to conjure the skill sets -- such as production -- a band needs to thrive).

      And what I mean by control is not some natural monopoly based on talent or product quality, but the purchase of shelf space in every major retail chain in the world, probably backed by threats of blackballing anyone who dare to carry product from indie labels.

  33. Wow, great, something new... by cdw38 · · Score: 2, Insightful
    Wow, so an independent artist hit the UK Top 40. Good for them. Ever heard of the Grateful Dead? How about Phish? Both sold out huge venues across the nation (and world) without the help of any major label for a combined 30+ years before the internet even showed up for the vast majority of America, let alone the mp3 format and broadband and online music distribution.

    And now? With the .mp3 format and the internet and the whole "information age," what big independent act is around to follow in those footsteps? Koopa? Sure, there are independent "jam" acts all over the place trying to fill that void (Umphrey's McGee, Gov't Mule, Tea Leaf Green, String Cheese Incident as well as smaller acts like Soldiers of Jah Army and The Bridge) but, even with the help of the information age and the internet, have yet to really take off.

    "...do we necessarily need a large label? Probably nowadays, no you don't." No, you don't. The Dead proved that over 30 years ago. Also proved you don't need the internet or any fancy information age form of communication, either.

    Don't get me wrong. The most powerful way (especially for independent musicians) to get your music out is word of mouth. And sure, cell phones and the internet and sites like the Internet Archive all help, but likely it will still take a friend to tell you they saw [insert band here] and really liked them for you to do anything about it or to take notice of said artist. Great, so bands have websites and people can go there and possibly download music, or buy their CDs, or read all about them. People still need to have some motivation to go to that website.

    1. Re:Wow, great, something new... by Anonymous Coward · · Score: 1, Interesting

      It's interesting you're trying to use the Dead to rebut the importance of this when the Dead signed to their majors for their first 7 years, then went independent for a short stint and signed to the majors again for another 13 years. I bet if they hadn't had the commercial success of American Beauty and Europe '72, they never would have left the majors.

      Phish only released albums through major labels, so I'm not sure what crack you're on there.

      Maybe your point is that if bands want to make money they should ignore their albums and form a jam band, rather than pursue any other genre of music. Want to make concise pop songs? Too bad. Challenging dynamics or lyrics? Sorry, that's not the kind of stuff that'll endear people to follow you around the country taking lots of drugs. Want to create the best album of all time? Sorry, that's not important. No, all musicians should make long meandering music whose only "challenging" aspects are the use of slightly obscure scales that can easily be ignored when you're dancing around while hallucinating (and aren't really challenging, so much as interesting to musos).

      People who say "get your profits from touring" have a very naive understanding of the life of a musician or else very narrow taste in music (both stylistically and geographically). A lot of good music doesn't suit well to touring. Live music is great but music recordings are very important art form in themselves - I've never seen My Bloody Valentine live and I'd lose all respect for someone who says MBV should have received any money for the album "Loveless". Also, musicians who haven't already made it usually have day jobs and touring means at least inconvenience at work and possibly losing one income and replacing it with the touring income, which usually isn't that lucrative.

      If you stop trying to cheapskate your way out of paying for recordings, you'll benefit in the end. That money opens up a lot of possibilities for a musician. They might improve their home studio, buy more or better instruments or afford some professional mastering or studio time. If they're suited to touring, the income from their recordings could lessen the risk and burden of touring and make them more prone to go on the road. The bottom line is this - if you find music on the net that you like, it behooves you to give the band some compensation. Not only is it the moral thing to do but it directly benefits you. If you pay someone for making something you like, the odds improve they're going to make more things that you like.

    2. Re:Wow, great, something new... by Anonymous Coward · · Score: 0

      I meant "I'd lose all respect for someone who says MBV shouldn't have received any money for the album "Loveless"."

  34. Trading in commented disassemblies by tepples · · Score: 1

    Take away copyrights, and anybody can take GPL software and release it as closed source.

    Take away copyrights, and anybody can take proprietary software and crack the shit out of it, ending up with a heavily commented disassembly that others can build on as if it were source.

    1. Re:Trading in commented disassemblies by veganboyjosh · · Score: 1

      you'd also have a bajillion "copies" of the popular works--software, music, movies, etc--but without a lot of what makes those things popular. cheaper production often means cutting out some of the meat and potatoes of the goods, but being able to slap on a mimic'ed logo means people will buy it thinking they're getting the real deal.

    2. Re:Trading in commented disassemblies by Anonymous Coward · · Score: 0

      > Take away copyrights, and anybody can take proprietary software and crack the shit out of it, ending up with a heavily commented disassembly that others can build on as if it were source.

      You can do that now. What's wrong with it?

    3. Re:Trading in commented disassemblies by tepples · · Score: 1

      Take away copyrights, and anybody can take proprietary software and crack the shit out of it, ending up with a heavily commented disassembly that others can build on as if it were source. You can do that now. What's wrong with it? Copyright law forbids making such a "derivative work".
  35. Works made for hire by tepples · · Score: 1

    What about photography? Does photography for hire, such as wedding photography, need copyright in order to function?

    1. Re:Works made for hire by Dravik · · Score: 1

      For how much those greedy bastards charge the newlyweds should own the copyrights for those pictures.

      --
      The purpose of language is communication, If the idea is clear the grammar ain't important
  36. called Koopa? by tepples · · Score: 1

    Now, an unsigned band called Koopa is poised to enter the top 40 without any old-world recording, distribution, or production deals.

    Doesn't this infringe on marks owned by Nintendo and Chamillionaire?

  37. Most people "vote with their wallet" by NotQuiteReal · · Score: 1
    And the vote for music, with much of the slashdot crowd, appears to be... "I'll just download it for FREE!".

    Personaly, I do buy music. From Amazon.com, cdbaby.com, and um, maybe, "other sites", all paid for. No "free downloads" for me. Sometimes friends "give" digital music to me... in which case, *I* didn't copy it. (What do you call music you didn't violate the copyright to obtain, but didn't exactly pay for either? Accessory to some tort?)

    Anyhow, the point is, that I have spent plenty of money on live performances and recorded music, HOWEVER, there is nothing special about music that makes it any different than any other business. Of course musicians should *market* themselves, and other *stuff*, if need be, if that is how they choose to make a living.

    Otherwise, waiting tables is boring, but steady work.

    Even for "signed" artists, it is almost a fluke to make a killing. I suspect the current, and future, generations will do just as well as independents as "label" artists, as far as licensing goes. If you have the rare one-in-a-million hit, you'll get paid.

    --
    This issue is a bit more complicated than you think.
  38. Attribution? by Anonymous+McCartneyf · · Score: 2, Insightful

    Plagiarizing from works already in the public domain is legal. That's one of the things that makes a work public domain: you don't have to say who did it first or where it came from when you borrow from it. It can be unethical, but it is legal.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  39. Then the music executive woke up. by twitter · · Score: 1

    Unfortunately, now that they've gotten this extra publicity due to not being part of a big label, the results are largely meaningless. Much as I'd like to say that this signals the end of the big labels, this almost proves that you do still need them ...

    A pigopolist, tries to sooth himself after a terrible night. "Yeah, that's it, it's a novelty thing - a one hit wonder," he croons to himself, "Now that one band has sold a lot of records without the help of a big publisher, it will never happen again because no one cares."

    Five minutes later, he realizes it's over. The thought comes like thunder and there's no escape, "The "signing hype" was all made by the big publishers to help obscure the poor quality of the signed. No one cared to begin with ... and oh shit, they don't need a big publisher to suck up all the sales."

    Time to polish the old resume. There's going to be work, it's just going to be different. Some of your old never made it buddies might be able to quit waiting tables.

    Maybe now the "hype" won't be about who's signing with who or who's got the biggest billboard in L.A., maybe, just maybe the hype will be about who's got the best show or the most interesting music. That's something you can't do with a computer program in a central office, or an add campaign. No one's listening to radio anymore because the internet radio stations blow the locals away, so does your own collection for that matter. A couple hundred songs in heavy rotation is no longer a commercial success. Music TV, murdered by the music companies lost it's audience a decade ago.

    Welcome to the long tail. There's something for everyone and it's going to be a lot harder to push trash. People are not going to stop singing and dancing, the party is moving on and it's getting better.

    --

    Friends don't help friends install M$ junk.

    1. Re:Then the music executive woke up. by Anonymous Coward · · Score: 0

      ROFLMAO!

  40. Outsource the grunts by patio11 · · Score: 1

    You can get a CD delivered anywhere in the world from quantities of 1 for $4.50, counting shipping and production costs. There are businesses which specialize in this sort of thing and they're much, much better at it than your grunt at the garage band or small shareware developer. I use cd-fulfillment.com for my shareware business (which doesn't generate even a handful of requests for a CD in the average month), and they just invoice me for about $4.50 x number of CDs sent at the end of the month. I do the data entry (address & etc) by hand but if I were a decent volume operation (like, say, an indie band with a local fan base who ordered a couple of CDs every day) I'd just tie it directly into the paypal order processing. Marginal work required after paying a programmer to set the system up: zero. It just runs like a self-replenishing CD vending machine. You go back to what you do well: playing music or making/marketing shareware, and let the CD guys deal with the boring print&ship end of the business and Paypal deal with the credit cards, where you cannot possibly add any value to what they do.

    Now, if you have $50k lying around to front, you can probably do better on a cost-per-CD basis. Really, though, since your gross margin on IP is pretty much always going to be sick I'd suggest spending the $50k on getting more sales rather than eeking out a few more dimes per sale.

  41. maps and atlases by phr1 · · Score: 1

    That band has the most confusing website I've ever seen (no wonder you linked to the fan site and not the band's site). Do they release uncopyrighted music? Where can I find some downloads? Thanks.

  42. The answer-Step on a crack. Break a nation's back. by Anonymous Coward · · Score: 0

    Kidding aside. If one band succeeding is a "crack in the dam"? Then one misspelling on slashdot is the fall of western civilization.

  43. Free Music?? by TheCybernator · · Score: 1

    does that considers only the music that is bought? Consider a Free MP3/MPEG (read amature Pr0n) being downloaded by zillions of geeks - should this make it top of the charts? interesting. hmmmm.

  44. Actually, no, ... by hummassa · · Score: 1

    in the Berne convention, copyrighted works are those "novel creations of the mind". So, if I come with exactly the same expression as you, even if I didn't know your work, the first to come up with it is the copyright owner.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  45. Singles by 91degrees · · Score: 1

    The chart has been based on singles sales since it was introduced. But who actually buys singles on physical media anymore? Judging by the shelf space allowed in record shops, they must account for a very small portion of total record sales. And it's not surprising. They're as expensive as an album to manufacture and sell, so will end up costing more, and they're less convenient for most people.

    So clearly these must be bought primarily by collectors and hardcore fans. It's hardly surprising that download sales are so substantially more important to position than physical media sales.

  46. A week late by Duds · · Score: 2, Insightful

    The rules started last week.

    Several singles whose CDs are not on sale anymore cracked the top 75 including "Mad World" from Donny Darko, a former number 1 which is now used in the Gears of War ad which at #58 made its first chart appearence for 3 years.

    1. Re:A week late by nagora · · Score: 1
      The rules started last week.

      As mentioned in the posting as well as the article.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:A week late by Duds · · Score: 1

      The article has it right, the posting says "From this week" not "From last week"

    3. Re:A week late by nagora · · Score: 1

      This week's chart - ie, the currently available one - is the first to allow download-only singles, but it was released on Sunday of last week, so you can argue it either way.

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  47. Not ALL downloads by grahamm · · Score: 4, Informative

    Despite what the story says, it is NOT all downloads which count. If you look at the chart rules (http://www.theofficialcharts.com/docs/NEW_Single_ Chart_Rules_2007.pdf, there are very stringent conditions on a downloaded track being counted for the chart. Amongst these are the minimum dealer price of £0.40 per track. This will immediately preclude any tracks released under Creative Commons etc. It also only seems to apply to track downloaded from 'official' online retailers.

    1. Re:Not ALL downloads by nagora · · Score: 1
      This will immediately preclude any tracks released under Creative Commons etc. It also only seems to apply to track downloaded from 'official' online retailers.

      The first one is a difficulty that the chart compilers have to face: what if you allow free tracks and Take That then spend the rest of the year releasing old songs for free in order to have the #1 spot for 52 weeks? And their management - or Westlife's - would do it. The second issue is obvious since only official online retailers can be reliably audited. They probably aren't, but they COULD be.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  48. Only one more step now... by Peet42 · · Score: 1

    At the moment, only download purchases count towards the top 40. Lets see if they get round to counting songs that are downloaded for free too.

    That way, bands would be given the incentive to provide at least one good song from every album as a free download in the hope of hitting the charts; the consumer can only win!

    It's also be nice if they tweaked the rules to exclude downloads with restrictive DRM from counting towards chart success... ;-D

    1. Re:Only one more step now... by Stone+Pony · · Score: 1
      "Lets see if they get round to counting songs that are downloaded for free too. "

      If they ever devised a way to count this accurately it would be a disaster for anyone using the argument that downloaders aren't just chisellers after a free ride, but crusaders against excessive copyright terms. How are you going to explain the fact that the top 40 isn't made up of all that Lithuanian goatherd music that everyone claims they're saving from enforced oblivion at the hands of evil labels that won't release it themselves but won't let anyone else distribute in violatation of their fifty year old copyrights; but instead mainly features the latest Xtina mega-ballad and this week's demographically-balanced boy band's non-threatening-white-boy rap?

    2. Re:Only one more step now... by grahammm · · Score: 1

      Not even all download purchases. I suspect that only downloads purchased from sources in the UK count, and even then not all of them. So I doubt that the albums I have downloaded from Magnatune http://www.magnatune.com/ are counted towards the UK album chart even though I am in the UK. The internet is global, so ideally to generate a UK 'top N' they should count the tracks downloaded by people in the UK not just sales from UK download sources.

  49. Now a true rock & roll revolution will happen? by Terminus32 · · Score: 0

    Maybe?

    --
    http://nathanlindsell.blogspot.com/
  50. Koopa is fine by me by Anonymous Coward · · Score: 1, Funny

    I just hope that the group's name won't be changed to Bowser when the song is officially released in America.

  51. I don't get it.. by TommyMc · · Score: 1
    Between the article and the summary, there seems to be some confusion between 'No record label' and 'download only'. Not helped by the BBC article saying

    Until 1 January, an artist needed to release singles on CD or another physical format - and therefore have a record deal - to qualify for the chart."

    Didn't "Crazy" by Gnarls Barkley (who did have a record deal) get to No. 1 (UK) last summer on downloads only? So is the January 1st date that the article is referring to 2006? (which, according to the summary is last week. Man, 2005 dragged on and on.)

    --
    Stupid people think it's cool. Smart people thinks it's a joke; also cool.
    1. Re:I don't get it.. by ambrosen · · Score: 2, Informative

      Those downloads were only counted because it was being released on a physical format the week after.

      Similarly, Snow Patrol's Chasing Cars made it to number 7 this week while not available on physical format, as up until the beginning of this year, a single was not eligible to enter the charts from the date two weeks after the physical release had been deleted.

  52. theres a webite by greebowarrior · · Score: 0

    called Chartbomb thats trying to do something similar

    they announce 3 'singles of the week' (not quite sure how they pick 'em) that they try to get into the top 20. sometimes they've already been released, but dont think they got enough attention, and sometimes its someone unknown, trying to break the market.
    they link to them on the iTunes store for downloading, not sure about others.

    its an interesting idea, and they seem to want to sway people away from 'mainstream music'. dunno how well it'll take off though

  53. Download services = big record labels by Anonymous Coward · · Score: 0

    FTFA: "But bands who sell songs themselves through approved download services are now eligible."

    So the download services people have control over who can, and can not, be sold on their system. So it isn't a win for the "little guy" at all, since he still has to have his worked accepted by a large corporate money making enterprise.

    It's just a different one to normal...

  54. We already know what the response will be by Tony+Hoyle · · Score: 1

    See http://news.bbc.co.uk/1/hi/entertainment/6244461.s tm

    A major record seller immediately decided to drop the top 40 and use its own version (not including downloads).

    They can see the threat - and they're prepared to meet it head on.

  55. No. 9 Imagine by Anonymous Coward · · Score: 0
    Kind of puts Lennon's lyrics to Imagine into perspective as well, eh?
    Imagine there's no Heaven
    It's easy if you try
    No hell below us
    Above us only sky
    Imagine all the people
    Living for today
    But then, in another famous song (#9 Dream), Lennon wrote:
    ...Two spirits dancing so strange
    ...
    Dream, dream away
    Magic in the air, was magic in the air?
    I believe, yes I believe
    More I cannot say, what more can I say?
    ...
    Music touching my soul, something warm, sudden cold
    The spirit dance was unfolding...
    If you imagine there's no heaven, will you find yourself continuing to believe in spirits, souls and magic? Will adopting pantheism in place of more established religions really help?
  56. ambiguous headline by kae_verens · · Score: 1

    "Download Only Song to Crack the Top 40" is a bit ambiguous.

    Paraphrased, it might be:
    "you can download the only song to ever crack the top 40".

    Please use hyphens when necessary:
    "Download-Only Song to Crack the Top 40"

  57. About to enter the top 40.... by tora201 · · Score: 1

    Thanks to great coverage from the BBC.

  58. I will pay 300GBP or more to listen to good music. by jotaeleemeese · · Score: 1

    I have done so to listen to great musicians and orechestras.

    I will not pay for DRMed stuff of the same artist (so better they don't put lame DRM or lame "any copying" mechanisms on their CDs). Fortunately classical music has not gone down this idiotic path.

    Copyright helps squat most musicians. Most of them make a living from performances and other related activities (talks, personal presentations, advertisment, etc). Only a selected few make actually any money of CDs or printed music.

    Good musicians will make a living from music alone, but at the end people have to make ends meet, and we the public don't value music and other forms of art to highly by itself, then it is just fair if musicians and other artists get different sources of income revolving around their art.

    This idealized, naive (frankly idiotic) view of the world where arts exists for art's sake is fine in the realms of fantasy, but does not apply to the real world and its daily nitty-grittyness.

    --
    IANAL but write like a drunk one.
  59. Why this mindless insistence on CDs? by jotaeleemeese · · Score: 1

    First of all, most bands, even well known, with a record lable behind them, make more money from their tours and live presentations than from CDs.

    And with the internet being the ideal mechanism to distribute your music, it stands to reason you would invest that money into old media instead of several months of presence online.

    --
    IANAL but write like a drunk one.
    1. Re:Why this mindless insistence on CDs? by Anonymous+McCartneyf · · Score: 1

      There are a few people who buy music online but really like having a shiny plastic disc with the music on it. You tend to get better results from importing the music on a professional shiny plastic disc into your favorite computer's music manager than from burning a digital track onto your own CD-R. Therefore--depending on whom you're marketing to--selling CDs might be a money-making proposition...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  60. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    I wish I had mod points today, as you answered this excellently. The most pressing benefit isn't in how we can take those now-public-domain works and wrap them up into something new that can make a profit. It's how public domain works can benefit our culture as a whole.

  61. Sellouts? by flyneye · · Score: 1

    Will they or won't they?
    I sat through the late '70s-mid'90s watching band after band start out "stickin it to the man" on an indy only to sign with the majors and become watered down drones.
    The Clash sang it best in"Death or Glory":
    "Every gimmick hungry yob,diggin gold from rock n roll
    grabs the mic to tell us he'll die before he's sold.
    But I believe in this and it's been tested by research,
    He who f##ks nuns,will later join the church."

    Steve Albini previously of "Big Black",now a bigtime producer and industry insider had the most relevant observations.Lenghthy but worth noting.

    The Problem With Music
    by Steve Albini

    Whenever I talk to a band who are about to sign with a major label, I always end up thinking of them in a particular context. I imagine a trench, about four feet wide and five feet deep, maybe sixty yards long, filled with runny, decaying shit. I imagine these people, some of them good friends, some of them barely acquaintances, at one end of this trench. I also imagine a faceless industry lackey at the other end holding a fountain pen and a contract waiting to be signed. Nobody can see what's printed on the contract. It's too far away, and besides, the shit stench is making everybody's eyes water. The lackey shouts to everybody that the first one to swim the trench gets to sign the contract. Everybody dives in the trench and they struggle furiously to get to the other end. Two people arrive simultaneously and begin wrestling furiously, clawing each other and dunking each other under the shit. Eventually, one of them capitulates, and there's only one contestant left. He reaches for the pen, but the Lackey says "Actually, I think you need a little more development. Swim again, please. Backstroke". And he does of course.

    Every major label involved in the hunt for new bands now has on staff a high-profile point man, an "A & R" rep who can present a comfortable face to any prospective band. The initials stand for "Artist and Repertoire." because historically, the A & R staff would select artists to record music that they had also selected, out of an available pool of each. This is still the case, though not openly. These guys are universally young [about the same age as the bands being wooed], and nowadays they always have some obvious underground rock credibility flag they can wave.

    Lyle Preslar, former guitarist for Minor Threat, is one of them. Terry Tolkin, former NY independent booking agent and assistant manager at Touch and Go is one of them. Al Smith, former soundman at CBGB is one of them. Mike Gitter, former editor of XXX fanzine and contributor to Rip, Kerrang and other lowbrow rags is one of them. Many of the annoying turds who used to staff college radio stations are in their ranks as well. There are several reasons A & R scouts are always young. The explanation usually copped-to is that the scout will be "hip to the current musical "scene." A more important reason is that the bands will intuitively trust someone they think is a peer, and who speaks fondly of the same formative rock and roll experiences. The A & R person is the first person to make contact with the band, and as such is the first person to promise them the moon. Who better to promise them the moon than an idealistic young turk who expects to be calling the shots in a few years, and who has had no previous experience with a big record company. Hell, he's as naive as the band he's duping. When he tells them no one will interfere in their creative process, he probably even believes it. When he sits down with the band for the first time, over a plate of angel hair pasta, he can tell them with all sincerity that when they sign with company X, they're really signing with him and he's on their side. Remember that great gig I saw you at in '85? Didn't we have a blast. By now all rock bands are wise e

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  62. I bought it by GospelHead821 · · Score: 1

    For what it's worth, I went straight to iTunes, listened to a few of their excerpts, then purchased the song that's poised to make the top 40 (Blag, Steal & Borrow.) I guess that qualifies this article sort of as a slashvertisement, but whatever. I'm happy to put my money where my mouth is. I don't necessarily agree with the "eradicate copyright" argument, but I'm very interested in supporting alternate distribution channels. Because of iTunes, I have very little incentive to download music in violation of copyright. $0.99 is a price I'm willing to pay for a single that I like.

    --
    Virtue finds and chooses the mean.
    Aristotle, Ethica Nichomachea
  63. Okay... by Shawn+is+an+Asshole · · Score: 1

    I'm going to download the source to Media Player Classic. I'll make some changes to it, give it a new name, and sell a binary. Only the binary. My new video player is closed source. Yes there is no copyright on it, but it's still closed source. How are you going to get the C++ source to my changes?

    Open source depends on copyright. Without it the source will completely ripped of by the scummers and nothing could be done about it. Some developers are fine with that, others are not.

    Copyright is necessary, though I do feel it should expire with time. In the past I said 20 years plus an optional 20 year renewal. Some in this thread suggested something similar but with 30 years. Both are a good idea.

    --
    "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
  64. Record Label Seeks Curl Scripter by kingsqueak · · Score: 1

    Job Opportunity

    Major record label seeks Perl programmer with expert skills in curl scripting.

    record exec: *snorts line off the Bentley dash* "Dude, I can't believe they fell for this, we'll scan a number one for anything we release now for the low low cost of $0.99 per sale" "I was so sick and tired of tracking those scan sheets over a fax machine too."

    It's a smokescreen. Deep pockets will buy their scans even more than they do now with radio payola.

  65. You're on drugs by Anonymous Coward · · Score: 0

    Decca rejected the Beatles and the problem is not with recording equipment or personnel (Come back when you've read all eleven pages!). The problem is with finding talented bands who are willing to put the work in. Often a band doing it themselves is a cop-out, there's a huge amount of work that needs to be done before they step foot in a studio and they're trying to short-circuit the process.


    The Beatles put the work in before they even approached a record label, they did hundreds of gigs in Liverpool and 6 months in Hamburg without label backing. They were ready for a studio (insert Ringo joke), most bands today want to start recording after 3 months of weekly practice. Let's put it this way; 50 years ago, the though that the engineer may be a better vocalist, guitarist, drummer and bass player than the respective band members they're recording was unheard of.


    I'm failing to see what value record labels provide to anyone in the face of online marketing and redistribution. Let's leave the last word on record labels to Mr Steve Albini

  66. Re:I told them this. (word to your mother) by gosand · · Score: 1
    Well, at least I told a young BMW-driving yuppie from a major label. It was back in the mid 90's. "Adapt or die" I said. "Hah! You don't know what you're talking about," he repied. "We filter out all the crap music you don't want to hear!"
    Yeah, right. I now repeat: Adapt or Die!


    Then perhaps you should adapt your slang. The word 'yuppie' died out by the late 80s.

    --

    My beliefs do not require that you agree with them.

  67. Your right, and it doesn't add up. by Anonymous Coward · · Score: 0

    It really looks like this is the case, except they didnt even bother with waiting for X amount of downloads.

    If you look at the number of views of their videos on youtube, (less than 1,000) the number of plays on their myspace pages, (less than 20,000) and the level of activity in the forums on the bands official website, (less than 100 posts) then it appears the only way they could hit even the top four hundred is by means of this BBC news article.

  68. MOD PARENT DOWN by cparker15 · · Score: 1

    +4 Insightful? What are you mods thinking? Just because copyright disappears doesn't mean you now magically have all of the source code for a binary executable. It just means you can "pirate" binary-only/proprietary/"closed source" programs without fear of legal consequences. Free distribution of a proprietary program doesn't suddenly make the program not proprietary.

    --
    Have you driven a fnord... lately?

    You must wait a little bit before using this resource; please try again later.

  69. What? by The-Bus · · Score: 1

    What about this: Download-only Single Becomes UK Number One

    Didn't Gnarls Barkley's "Crazty" hit #1 back in April? I guess the distinction was that"crazy" later had a physical single you could buy. This isn't the first download-only song to break the Top 40. Rather, it is the first download-only song to hit the Top 40 that did not have a follow-up physical CD. Or something to that effect.

    Summary: Not as big as the headline suggests, still important.

    --

    Small potatoes make the steak look bigger.

    1. Re:What? by BluhDeBluh · · Score: 1

      Previously, digital downloads could reach the chart if the physical single was out the next week. Now, no physical single needs to exist at all. Gnarls Barkley was the first No. 1 from downloads alone. A Gorillaz track was the first song that got into the chart exclusively due to downloads, as very small amounts of a vinyl version of the single were released in shops.

  70. Hyphens are good, mmkay. by pkulak · · Score: 1

    Really? I can download the only song in the top 40? But shouldn't there be 40 of them?

  71. Exposure? Slasdot! by rdmiller3 · · Score: 1

    "If we can get enough exposure..."

    ...and then the Slashdot effect pummeled their server.

  72. Sure ting, bay bay. by Impy+the+Impiuos+Imp · · Score: 1

    I'm sure an ugly girl who gave out free BJs would get a hell of a lot more business than ones sittin' around waitin' for a marriage proposal, too.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  73. Risk reward by Mateo_LeFou · · Score: 1

    It'd be a relatively simple matter to bribe some employee into leaking all the rest of the source code. The reason that only a few bits have been leaked is b/c of the high risk of serious consequences (which would not exist if there were no copyright) for everyone involved in the leaking.

    --
    My turnips listen for the soft cry of your love
  74. OT: Rights by stinerman · · Score: 1

    Actually, there are no such things as natural rights. Or, if you want to argue it the other way, everything one could ever wish to do is a natural right and government is an agreement among people to protect some rights at the expense of others.

    1. Re:OT: Rights by TheoMurpse · · Score: 1
      Actually, there are no such things as natural rights.
      That's up for debate. For example, if the Judeochristian God does exist, I guarantee you natural rights exist. I'm sure that other religions guarantee natural rights as well. Beyond that, philosophers still argue over whether natural rights exist or not, so it's not as cut and dry as you make it out to be.

      I'd spend a little more time debating this here, but literally my desktop computer just stopped working, and my resume is on it, and I'm about to go out of town. I also have no way of diagnosing what the problem is (powers on, no beep at the beginning, won't send anything to the screen). Wish me luck! I wish I had a natural right to have a functioning computer :(
  75. Fake. Asstroturf Marketing by Anonymous Coward · · Score: 0

    Lets get real. There are lots of bands which can cracj top 40 easy like; Beatles, Queen, Depeche Mode. Elvis, Nirvana just to name a few. This is nothing more than a marketing gimmick. First, the music is not good. Second I havent seen an indie band with a music video which is right off the MTV production.

      Conclusion: marketing hype under "lets fight the machine" to get knucklheads who wouldnt pay for shit music - pay for it just to "stick it to the man!" MAN!

      Ohh and *IAA would want nothing better than for people to pay for old music. That is all gravy for them, since now they dont (for most part) have to pay any royalty at all. Yeah~ so instead the music that makes no money, they will have people rebuy the same songs every 10 years, and make more and more money. That is how the monopoly will continue.

      Industry: 1 Artists: ?

      Cheers

  76. Marketing Still Matters by YodaYid · · Score: 1

    There will always be a place for marketing and hype. Bands will still need to "get the word out". Traditionally this has been done by the labels (part of their job is to get the band on the radio/TV and displayed prominently in music stores, etc), the deal being that the label gets the copyrights and a huge chunk of the profits in return for distribution and promotion. This is revolutionary because the band was able to both distribute (relatively easy) and promote (MUCH harder) without going through the traditional channels.

  77. Not really by Rix · · Score: 1

    In order to qualify as a trade secret, it has to be a secret. If it gets posted anonymously to the net and everyone and his dog has access to it, it's no longer a trade secret.

    They could sue whoever leaked it, but they'd have to know who it was, let alone prove it.

    1. Re:Not really by Profane+MuthaFucka · · Score: 1

      Trivial. Fingerprint the source code.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  78. I don't think that word means what you think... by Rix · · Score: 1

    Do you know what SCM is?

    1. Re:I don't think that word means what you think... by Profane+MuthaFucka · · Score: 1

      Are you saying that it's impossible to make sure that each user gets a slightly different version of a file? Are you even a programmer?

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  79. Copyright, culture, and societal benefit by bolthole · · Score: 1

    The real question is, why should everyone in the world give a creator a monopoly over his work, merely because he created it? The natural state of a work is the public domain, where everyone can enjoy it.

    "natural" isnt always best. It's better to go by what is best for society overall.

    A few historical analysises were done, on why technology spread and developed so well in Europe, compared to China.
    There were certain technologies developed in China, that were major "breakthroughs" in some areas... yet never really took off, until that technology was brought to Europe, and developed further.

    The general consensus among scholars would seem to be that it was because of societal motivations, or lack thereof.
    In China at the time, there was a rigid "caste" like system. Once a peasant, always a peasant, and so on. There was only minimal motivation to "better yourself".. because there wasnt much of a place to go, if you did.

    In contrast, once the merchants started taking off in europe, it was seen that if you could make money, you could get somewhere. better house, better life, etc. So there was much more of a drive to innovate and "get ahead".

    Without SOME form of copyright, etc, it takes away the drive to do that sort of thing.
    Without that profit motivator, you are stuck with a feudal China type model, where only the people who are wealthy, and live a life of leasure, will have any incentive to tinker with the more "out there" type of things. Because if there's no profit motive to do that sort of thing.... then only people who dont need any more money... will be able to afford to do so.

    1. Re:Copyright, culture, and societal benefit by cpt+kangarooski · · Score: 1

      It's better to go by what is best for society overall.

      I agree, at least in this case.

      In contrast, once the merchants started taking off in europe, it was seen that if you could make money, you could get somewhere. better house, better life, etc. So there was much more of a drive to innovate and "get ahead".

      Without SOME form of copyright, etc, it takes away the drive to do that sort of thing.


      There is a pretty huge leap between those two things, not least of which is that many artists don't make money from copyrights, but do make money from their artistic pursuits. A portrait painter, for example, makes money from his labor (i.e. painting services) which is basically the same way that a plumber or doctor makes money. A still life painter makes money from selling copies of his work that have the right provenance, but since a copyright really deals with mass-produced copies, it doesn't do much for him; canvases he actually painted will sell at a gallery, but a color xerox of a canvas will go for very little if anyone will bother to buy it at all (ditto known counterfeit canvases).

      Certainly I support the idea of copyrights to the extent that they benefit the public, but the actual benefits the public wants has nothing to do with social mobility (which is good, just not really related to copyright), but instead are 1) having as many original works created and published as possible, 2) having as many derivative works created and published as possible, and 3) having as minimal copyrights as possible, if any at all. These are all equally important. In a public domain world, some are more satisfied than others. In a world with copyright, the amount and nature of the copyright will change how much these goals are being satisfied. The idea is to find a way to produce the greatest net increase (i.e. adding the amount of satisfaction of the three goals together, and subtracting the amount of non-satisfaction of the three goals, get the biggest number). Under the right circumstances, a minor decrease in one goal can produce a huge increase in another, yielding a net increase. That's the kind of thing we're looking for.

      And remember -- appealing to peoples' profit motive is fine, but only if that's what's best for society overall. Sometimes it will be important to place other things ahead of profits (e.g. it might be profitable for Mr. Burns to dump radioactive sludge in the playground, but we shouldn't admire that or even allow it).

      --
      -- 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.
  80. Of course you *could* by Rix · · Score: 1

    Now, think about why it's a terrible idea.

    1. Re:Of course you *could* by Profane+MuthaFucka · · Score: 1

      Think about why modifying the readme for each user in the source code is not a bad idea. Extra space here, extra space there. Track the leaker if he doesn't notice.

      And stop being a smartass.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  81. And what happens... by Rix · · Score: 1

    When that readme file gets altered and checked back in? What do you gain from this anyway? How do you prove the administrator didn't do the leak?

    1. Re:And what happens... by Profane+MuthaFucka · · Score: 1

      I don't get what your point is. The concept is not hard to understand.

      1) So what if the readme gets altered and checked back in? Can you think of a way around this?
      2) I've already explained what you gain from this. A guy was arrested for leaking a movie which had a special mark on it. This is the same thing, except with source code. Companies have already been known to identify leakers by using very slightly different press releases.
      3) The system isn't perfect. So what?

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  82. Thanks for this post! by serutan · · Score: 1

    Thanks to dada21 for taking time to write up all this information! It's great to read about real musicians actually making the free distribution model work. A recording contract is a means, not an end. This article made my night.

  83. I understand the concept. You don't. by Rix · · Score: 1

    If the readme gets altered and checked back in, it has the watermark checked in with it. If you think it would be trivial to separate the watermark from the diff, you're displaying further ignorance.

    Watermarks on read only files are fine, to a point. They fall apart when the various targets have physical access to each other's machines, allowing them to get files watermarked to someone else. If the system isn't perfect, it's worthless. All a defendant has to do is demonstrate a method for their watermark to be on the files innocently.

    1. Re:I understand the concept. You don't. by Profane+MuthaFucka · · Score: 1

      You're pretty damn rude, saying that I don't understand anything when it appears that you have a serious malfunction in your imagination.

      A couple possibilities:

      1)The checkin of readme doesn't actually check anything in. This is not a big deal.
      2) The files in question are legal things, like the COPYING file required by the GPL. All programmers are instructed that the powers that be have decreed that it needs to be there, unmodified, in each dir.

      Also, I think you're overestimating the frequency of the evil genius, and you're underestimating the frequency of the evil moron.

      Finally, can you stop being rude to me? Obviously this idea is not in implementation phase, and obviously I don't intend this to be a foolproof method. Some criminals are caught because they leave their wallet at the scene of the crime.

      There's absolutely no cause for you to suggest that I don't understand the concept. Can you explain why throwing out an idea triggers such rudeness from you? Do you ENJOY skeet shooting with other people's ideas? Has anybody ever told you that there's a nice way to play devil's advocate, and there's a rude way to do it?

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  84. Copyright is a contract by serutan · · Score: 1

    Copyright is a contract between creators and society, where we give them a short term monopoly on distributor to encourage them to contribute to the public domain.

    The idea that copyright is a contract is the central problem with the way Congress keeps extending copyright. Instead of changing the terms for new works only, they extend the terms for existing works. One-sidedly changing the terms of a contract voids the whole idea of what a contract means.

    The most recent copyright extension was the Bono Act of 1998, under which all audio recordings made before 1972 became copyrighted until 2067. This applies to ALL audio, including old time radio shows that had already been in the public domain for many years, and even the wax cylinders recordings made by Thomas Edison in the 1890s. I have no problem with Congress changing the law -- that's their job -- but the changes shouldn't apply only to existing works. The Bono Act was like declaring that all 30-year mortgages are now 60-year mortgages. People who have been making house payments for 29 years have no moral obligation to continue paying for another 31 years just because Congress said so.

    1. Re:Copyright is a contract by Anonymous+McCartneyf · · Score: 1

      You are getting carried away.
      Okay. The American copyright extension act of 1998 did turn life+50 into life+70, and extended existing corporate copyrights in a similar fashion. It did unilaterally rewrite contracts that way, and I'm annoyed by it, too. Unfortunately, it doesn't say everything hits public domain in 2067; we'll have to wait until the 2100s for some work.
      But America did not force anything already in the public domain back into copyright. We certainly didn't force everything in the public domain back into copyright. It can look like it sometimes because format-shifted works get treated like derivative works: the recording copyright on most Beatles CDs is 1988 instead of whatever year the album first came out, for instance. But anyone can make a new CD of a musician's works in the public domain as long as he's willing to go back to the original vinyl, original shellac, original audiotape bootleg, or original wax cylinder.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  85. I'll give it a 7/10...not bad by fr8_liner · · Score: 1

    I paid out the 0.77 just to be iconoclastic. Not a bad song. Hope the lads do well in the future (unless they are another PreFab Four).