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DRM Causes Piracy

igorsk recommends an essay by Eric Flint, editor at Baen Publishing and an author himself, over at Baen's online SF magazine, Baen Universe. In it Flint argues that, far from curbing piracy of copyrighted materials, DRM actually causes it. Quoting: "Electronic copyright infringement is something that can only become an 'economic epidemic' under certain conditions. Any one of the following: 1) The products they want... are hard to find, and thus valuable. 2) The products they want are high-priced, so there's a fair amount of money to be saved by stealing them. 3) The legal products come with so many added-on nuisances that the illegal version is better to begin with. Those are the three conditions that will create widespread electronic copyright infringement, especially in combination. Why? Because they're the same three general conditions that create all large-scale smuggling enterprises. And... Guess what? It's precisely those three conditions that DRM creates in the first place. So far from being an impediment to so-called 'online piracy,' it's DRM itself that keeps fueling it and driving it forward."

413 comments

  1. Sixth column of a series by Robotech_Master · · Score: 5, Informative

    Other editorials in the series include

    Column #1
    Column #2
    Column #3
    Column #4
    Column #5

    All of which are available in their entirety, despite the "1/3 to 1/2" thing.

    Good reading.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
    1. Re:Sixth column of a series by Overly+Critical+Guy · · Score: 1, Flamebait

      I have to strongly disagree with the premise of this article. DRM doesn't cause piracy; people do. I can't in good conscious begin to pretend that humans are mindless drones reacting to circumstances who have no personal responsibility in what they do. Blaming technology for people's actions is a road you don't want to take, or else someone could just as easily argue that the Internet "causes" child pornography or video games cause violence. Slashdotters often defend technologies against those in the press who blame it for the actions of a criminal few, but that goes both ways, and just because you don't like DRM for whatever reasons doesn't mean you should begin to blame it for piracy in some disingenuous attempt to turn the tables on the RIAA (please stop with the "MAFIAA" nonsense). To do so means you adopt positions when they suit your agenda. People are the ones who pirate, not DRM schemes--end of story.

      --
      "Sufferin' succotash."
    2. Re:Sixth column of a series by Dun+Malg · · Score: 2, Insightful

      I have to strongly disagree with the premise of this article. DRM doesn't cause piracy; people do. Don't be daft. The basic presumption of any such article is "given the population as it is today". You and the media conglomerates could sit around all day wishing people had a greater sense of ethics, but they just fucking don't. This isn't a discussion of blame anyway; it's simply a discussion of cause and effect.
      --
      If a job's not worth doing, it's not worth doing right.
    3. Re:Sixth column of a series by loquacious+d · · Score: 4, Interesting

      But DRM radically reduces the value of legally-acquired media, while raising the value of pirated ones. Furthermore, I think there is a strong philosophical argument against the bare concept of DRM, as the rules it imposes restrict our actions to such a large degree as to remove our liberty as moral agents, preventing us from acting as moral agents at all.

      The first point is one of utility. Case in point: cleaning out my inbox today, I found a note from the iTunes store that the Good, the Bad and the Queen's album is only $8 for a limited time. I almost jumped at it, even clicked the "Buy this album..." button (I'm a big Albarn/Gorillaz fan), and then, filling in my password, I stopped to think. "This is only 128kbits," I thought to myself. "That sounds kinda chintzy on my headphones. I won't be able to send good tracks to my friends, or upload them to the poolhall jukebox at my school. I won't ever be able to play them on non-Apple DAPs without even more of a quality loss, or make them into ringtones for my friends' phones, or possibly be able to even listen to them at all once Apple gets over this DRM nonsense in 10 years. Shit, I don't even know if this album is any good, the free single was only so-so. I have food to buy. Huh."

      The problem with DRM'ed media, and this leads into my second point, is that you don't actually buy anything. If I buy a CD, or download an album off the internet, it is my property: I have the right to use it and abuse it, as far as my own system of morality allows. (For me this includes making mix CDs for my friends, emailing them hott traxx, dropping cool songs on my friends' iPods, playing on my radio shows, and all the uses I described above.) By restricting my use of the things I buy to a predefined set of "correct" actions, DRM removes my freedom to act as a moral agent.

      So I fired up Soulseek and—well, you know the rest of the story. I will happily agree that stealing the music is less moral than paying for it (though the profit split of $0.80 to Apple, $6.50 to the RIAA, and $0.70 to Damon Albarn seems a little off to me, as I would really like Damon Albarn to be as rich as he needs to be to keep making music—the people demand a new Gorillaz album!). But for the reasons above I think it's less immoral than what the RIAA and iTunes do to me when I buy into their DRM.

      That's my call, as a human being and a moral agent, and I should be free to make it. DRM restricts my freedom to a rigid set of rules, predetermined by a cartel of people completely removed from my life and reasons for action. We get the old saw: everything not compulsory is forbidden; everything not forbidden is compulsory. It destroys the possibility of agency, and in turn the possibility of any kind of moral action.

      I: just want to listen to music, where and how I want to. I'm happy to pay for it (and I do, more than I should), as long as my rights of property and agency are respected. They: want to destroy my personhood with an absolute and top-down system of "morality".

      Who's the bad guy?

    4. Re:Sixth column of a series by DMaster0 · · Score: 1

      buying a CD doesn't buy you the right to anything, only the ability. Technically the only right you buy with a CD, is your personal ability to listen to the CD. If they could make it illegal to rip it to mp3's, they definitely would. (not that they could actually stop you, but the record companies would much rather you buy the same thing multiple times for multiple uses.)

      It's still illegal to do illegal things with a CD, you just have an easier time doing it than the people who buy DRM'ed files.

    5. Re:Sixth column of a series by Overly+Critical+Guy · · Score: 1, Insightful

      This isn't a discussion of blame anyway; it's simply a discussion of cause and effect.

      I disagree. The headline says DRM causes piracy. The premise is to blame DRM for piracy as some pseudo-justification for it. People do this all the time--"The RIAA made me do it!" It's bogus. You're responsible for your actions, not some technology. You say it's a discussion of cause and effect, but again, DRM doesn't cause piracy. People cause piracy.
      --
      "Sufferin' succotash."
    6. Re:Sixth column of a series by Robotech_Master · · Score: 1

      The headline is wrong. The submitter oversimplified it into error. TFA does not claim that DRM "causes" piracy. What it says is that, because of the conditions of scarcity, expense, and nuisance that DRM creates, "far from being an impediment to so-called 'online piracy,' it's DRM itself that keeps fueling it and driving it forward." It doesn't cause it, but it does promote it.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    7. Re:Sixth column of a series by Firethorn · · Score: 2

      People cause piracy.

      I'm reminded of the foundation series here. A person is unpredictable, but as you get larger and larger groups, they get more predictable.

      Sure, people commit 'piracy' just like they do other crimes. Sure that's bad. But should I, as a business, not take any measures against theft because it's against the law and people shouldn't do that? No - to ensure my own profit margin I have to acknowledge human nature and take some steps to prevent theft.

      But how do you prevent electronic piracy? You can't, really. Therefore it's actually more profitable to bite the bullet and beat the pirates at their own game.

      It would take me more time to find an illegal copy of one of Baen's books than to go to webscripton.net and pay the $6 for the book. That's worth six minutes of work for me. I buy multiple books at once - I'm even better off. Not to mention the whole accuracy thing. The OCR process introduces many errors.

      Like he said, DRM hobbles legitimate e-books:
      1: More expensive than pirated versions(Can't really beat free, but oh well)
      2: Harder to get than pirated versions: Many books I read don't have e-book versions
      3: Harder to use than pirated versions: Pirate and Baen ebooks don't have keys and encryption to deal with. You can copy and paste text for debates. Don't need a special reader.

      --
      I don't read AC A human right
  2. If DRM causes piracy... by idiotwithastick · · Score: 0

    What does lack of DRM cause? If there is no DRM, would people all of a sudden decide to go buy stuff instead of pirating it? Doesn't seem very likely to me.

    1. Re:If DRM causes piracy... by smittyoneeach · · Score: 1

      What does lack of DRM cause?
      Freedom, in a way similar to a lack of sickness 'causing' health.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:If DRM causes piracy... by Dunbal · · Score: 3, Interesting

      If there is no DRM, would people all of a sudden decide to go buy stuff instead of pirating it? Doesn't seem very likely to me.


            And of course, you're completely mistaken. I remember back when PC's were brand new, in the late 70's - every single one of us had a pirated copy of Microsoft's "Flight Simulator" program. Guess what - enough people actually paid for it (it was a good program!), and Microsoft continued to push out new versions. The Flight Simulator division at MS is still alive and well today - despite all the piracy.

            Your gut feeling flies into the face of the actual facts. But this is what we've been saying all along - "piracy actualy PROMOTES sales"...

      --
      Seven puppies were harmed during the making of this post.
    3. Re:If DRM causes piracy... by ScrewMaster · · Score: 1

      Oddly enough, many would. I would. In my case, for example, content producers are losing their share of my income simply because I won't buy their offerings if they do have Digital Restrictions Management. Maybe I'm an anomaly outside of the Slashdot crowd, but everyone I've spoken to who has had a bad encounter with DRM (and they are legion) has come to the same conclusion. It just isn't worth the hassle, and the risk. Frankly, I don't need most of the products that are currently being DRM'ed. I just don't. Okay, I do buy the occasional DVD, but they'll only keep getting my money so long as I know I can strip the DRM if I so choose. If I cannot do that, I can't protect my investment. Consequently, if the distribution folks ever succeed in creating unbreakable DRM, or preventing me from accessing the requisite tools, my money will stay in my pocket. They have to earn my respect before they can earn my dollars.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:If DRM causes piracy... by spitzak · · Score: 1

      Absolutely, removal of DRM would increase sales substantially, possibly to a phenominal level.

      There are many, many people (like me) who are not buying anything because the DRM means it will not play on all my devices. I have poked around the Itunes site plenty and played the samples, but never bought anything, just said "I would buy that right now if they got rid of the DRM".

      It does not apply to me, but I believe there will be substantial sales to people who intend to violate copyright. Somebody may be far more likely to buy a song if they know they can give it to all their friends. This is, I believe, an even larger market than people like me.

      In both cases the users if they want the song, are forced to "steal" it, but would likely buy it, partly to be legal and not feel guilty, but mostly because it would be far easier to buy than steal.

    5. Re:If DRM causes piracy... by Thangodin · · Score: 5, Insightful

      This reminds me of the old days of the Commodore 64, when the copy protection schemes sent the disk drive head skating over to track 0. The C64 had no sensor to keep the head in bounds, so it would slam against a hard stop, throwing the head out of alignment, quickly ruining the drive (constant realignment gradually made the drive unusable.) Even if you bought a legit copy of software, you had to use a cracked version or you would destroy your drive. Eventually most people gave up on buying the software altogether.

      In fact, the reason that most of the people I know didn't buy a copy of XP, and won't buy Vista, is the heavy handed DRM attached to it, which requires you to get permission from Microsoft to run your computer after 5 hardware changes. I can make 5 hardware changes in 5 minutes when I'm testing hardware. There is no way that I am going to spend half the night on the phone calling Microsoft. If I'm having a problem with hardware, I don't need the additional aggravation. I have a legit copy on my laptop--which never changes hardware--but I'll never install one on my desktop machine.

    6. Re:If DRM causes piracy... by Anonymous Coward · · Score: 1, Informative

      There is an amount of DRM rejection which has been around for a long while. For some reason, the world doesn't seem to talk about this, and I don't know what the scale is, although the discussion on the 'net seem to imply it's a big problem.

      I gather that in the UK (and elsewhere in Europe), some car CD players refuse to play certain CDs because those CDs have DRM. Nothing has really been done about this. People here seem to just "put up with it", by which I mean they stop buying CDs.

      When I get a CD which doesn't play, I check on the internet, and quite often other people report similar problems.

      I have an excellent CD by Funeral for a Friend which I really love. The last 3 tracks of the CD don't seem to play in my car, and I just shrug and put this down to DRM. That band (to my mind) is excellent, but what's the point in buying their CDs, since they won't play (I listen to CDs in my car).

      These days I really don't buy many CDs because the overhead of working out whether they'll play in my CD player, and taking them back to the shop is a hassle.

      DRM has stopped me buying CDs, and reduced my interest in music.

      By the discussions on the net, it appears this is happening on a big scale.

    7. Re:If DRM causes piracy... by canajin56 · · Score: 2, Interesting

      Thats exactly why I wouldn't. I know a friend who bought XP. He broke his soundcard so he replaced it. It stopped working after one hardware change. See, changing soundcards changes 5 or 6 hardware devices. Changes your game port, your mixer device, your wave out device, your MIDI device, your recording device, your legacy audio device. On top of that when he called Microsoft they refused to allow him to reactivate it, called him a pirate and hung up.

      --
      ASCII stupid question, get a stupid ANSI
    8. Re:If DRM causes piracy... by LiquidCoooled · · Score: 1

      Most people have never gone out and specifically bought Windows.
      They go and get themselves a new computer which comes pre-installed.

      Most of those people will be ok with the 5 changes rule and will never ever need to contact Microsoft.

      --
      liqbase :: faster than paper
    9. Re:If DRM causes piracy... by cliffski · · Score: 1

      Yup, enough people are honest, even given rampant piracy to support games that take a handfull of people 6 months to make. Now explain how this scales up to todays 10 million dollar games, where P2P has made piracy way easier and more convenient than at any point in history.
      To claim that people with thousand dollar PCs taking 30 dollar software products for free will not hurt the production of said software is just bullshit, often spoken as some kind of weak justification by the pirates.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    10. Re:If DRM causes piracy... by BiggerIsBetter · · Score: 1

      For some reason, the world doesn't seem to talk about this, and I don't know what the scale is, although the discussion on the 'net seem to imply it's a big problem.

      Well, people talk about it the world over, even non techies... it's just that the media doesn't talk about it on air or in print. Guess why.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    11. Re:If DRM causes piracy... by kimvette · · Score: 2, Informative

      Even worse:
      Uninstalling an OEM driver and running the Microsoft-shipped driver counts as one hardware change, then installing a new version of the OEM driver counts as a second hardware changed. I've had NIC drivers, sound card drivers, and video card drivers trigger re-activation, and forced to call the Craptivation support line.

      F*** activation.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    12. Re:If DRM causes piracy... by zenkonami · · Score: 1, Insightful

      What...you don't remember Napster?

      Oh...you must be new here.

      --

      Do You Experiment?
    13. Re:If DRM causes piracy... by tkrotchko · · Score: 1

      "If there is no DRM, would people all of a sudden decide to go buy stuff instead of pirating it? "

      Well, CD's are pretty profitable, they're digital, and they've got no copy protection or DRM.

      So, I guess the answer is yes.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    14. Re:If DRM causes piracy... by wirelessbuzzers · · Score: 1

      That's funny... I've run my one (retail) copy of Windows XP on like 3 or 4 different machines as the second OS in a dual-boot, and usually have it installed on two of them at the same time. That probably makes me a pirate (not sure how the EULA plays with this), and it definitely makes me look like one. Anyway, old Toshiba laptop -> Athlon64 desktop -> MacBook is certainly a more drastic hardware change than swapping a sound card. Furthermore, I've swapped hardware around a fair amount on these machines (upgraded the RAM, switched the optical drive about three times, ...).

      I called up to reactivate, but only once, and didn't even have to talk to a human. Some machine just gave me a number to punch in, and I did, and it works.

      --
      I hereby place the above post in the public domain.
    15. Re:If DRM causes piracy... by bwcbwc · · Score: 1

      Speaking of old DOS games, remember DRMs older sister, copy-protection? Every game manufacturer back in the 1980s had some scheme to try to force you to prove that you had actually bought the game. SimCity had the city pattern sheet, some games like Zork did strange things to their floppy disks and forced you to insert the disk to play the game, so a copied disk (in theory) wouldn't work.

      Every one of those schemes increased the product cost and reduced sales as a result. Eventually, the schemes died off as games migrated to CD, and the cost of a CD-burner was a temporary barrier to entry. Unless someone comes up with a form of quantum encryption where attempting to decrypt a data stream with an invalid key corrupts the data stream (take advantage of the observer effect), I don't see any possibility of DRM working. And quantum devices in the home are at least a generation away.

      Digital DRM is doomed by 3 factors:
      1) in order to be commercially viable, the encryption of the data stream has to be mass produced. The decryption process has to be supported in a mass-produced product, and has to use a key of limited length in order to be commercially feasible.
      2) The only truly unbreakable encryption stream is a one-time pad with a private key length as long as (or longer than) the data stream. If a key is reused it can be hacked by a man in the middle approach. And if the key is too short, it only takes a finite number of monkeys on typewriters to reproduce the original work. And any finite number of monkeys can be simulated by a finite number of computers.
      3) Any finite data stream can be captured by a computer, and once the data is in a computer, any DRM schem can effectively be "root-kitted" by creating custom software to process the data stream (deCSS, for example).

      --
      We are the 198 proof..
    16. Re:If DRM causes piracy... by Anonymous Coward · · Score: 0

      Well, minor nitpick, but Flight Simulator was made by Sublogic. They made the disasterous decision to let Microsoft sell the PC and Mac version, while Sublogic retained sales rights to all those other platforms... Amiga, Apple II, Atari 8-bit, Atari ST, Commodore 64 etc. Whoops 8-).

                You're right about the OP being mistaken. I would buy some movies etc. if I could play them on my computer. I don't have IE7, WMP, etc. etc., so any rights restricted movie and music services basically tell me to piss off. And then I download the movie for free.

  3. indeed by Anonymous Coward · · Score: 4, Insightful

    Couple of weeks ago I bought a movie online, which turned out to be DRM infected so I could not play it under Linux. I had to use Windows and FairPlay stripped the DRM from it to access the AVI inside.

    Do you think I care this movie is now being copied by my friends?

    1. Re:indeed by unleashedgamers · · Score: 2, Interesting

      I have close to some 500 CD's, I don't have a CD player so I load them on my computer. Of the last 30 CD's I have bought about 10 of them have had some DRM so I cant load them on my computer (linux) if they don't work on my computer they are useless to me Because I cant listen to them so I have given up on buying CD's and now download them of the internet, why should I buy the CD's if I cant use them? (Most of the CD's with the DRM did no say they had DRM on them so I don't want to gamble my money on if I can listen to music or not)

    2. Re:indeed by Nom+du+Keyboard · · Score: 1
      I guess holding down the Shift key doesn't work for you.

      .

      .

      .

      .

      .

      .
      (for the lame ones among you who didn't get the joke, yes I know he's using Linux.)

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:indeed by Anonymous Coward · · Score: 0

      Uh? Pressing the shift key under windows would make the DRM CD *not* work.

    4. Re:indeed by Anonymous Coward · · Score: 0

      If you are pondering buying a CD, check the case for the old-school Compact Disc Digital Audio logo that CD cases have had since way-back-when.
      If the CDDA logo is present, the disc must contain only valid frames of Red Book audio. If the logo is not present, do not trust the disc.

      If you discover that a disc will not play under linux, and it has the CDDA logo upon it, return it to the store and demand a full refund.
      After having done so, inform Royal Philips Elctronics B.V, they have a habit of following up misuse of their marks with admirable vigour.

    5. Re:indeed by Jesselnz · · Score: 1

      I was under the impression that the DRM on cds only stops them from playing in Windows. If it works in a cd player, then there has to be an unencrypted version of the audio on the disk. Also, you could find out which labels use DRM and boycott those labels. There's no need to stop buying cds just because a couple labels sell defective ones.

    6. Re:indeed by alphamugwump · · Score: 1

      The easiest thing would be to buy a CD player, and then re-record the music. There may be some way to play the cd "in hardware" on linux, and record straight from the CD in. I've never tried to circumvent that sort of thing, but I'm sure it can be done.

    7. Re:indeed by Bios_Hakr · · Score: 1

      >>The easiest thing would be to buy a CD player, and then re-record the music.

      Are you dense? How is that easy? In order to do that, one has to:

      1. Get dressed
      2. Drive/walk/bike to music store
      3. Park
      4. Go into music store and find a CD you want
      5. Drive home
      6. Unwrap CD
      7. Hook up CD player to Audio-in jack
      8. Hit record on PC
      9. Hit play on CD player
      10. Break up the resulting WAV into individual tracks
      11. Name tracks
      12. Convert to MP3
      13. Enter MP3 info details

      To pirate the CD, I need a client and 30 seconds on isohunt. Most CDs come in at under 200MB. I finish downloading them in under an hour. If the RIAA comes calling (not likely), I have an open WAP. There is no way to prove I actually was the one who downloaded the music.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    8. Re:indeed by Goaway · · Score: 1

      We got the "joke". It was, however, nowhere near funny.

    9. Re:indeed by Goaway · · Score: 3, Interesting

      You "used Windows and FairPlay stripped the DRM from it to access the AVI inside"?

      There are no DRM'd formats with an "AVI inside". "FairPlay" is a DRM system used by Apple. It is certainly not a thing you can use to "strip the DRM from it and access the AVI inside" anything. There used to be a tool named "FairPlay", which worked on music files and not video files, and has long since been abandoned.

      So no, I do not think anybody cares that your imaginary friends are copying this imaginary file.

    10. Re:indeed by Anonymous Coward · · Score: 0
      If the RIAA comes calling (not likely), I have an open WAP. There is no way to prove I actually was the one who downloaded the music.

      Don't kid yourself. If the RIAA did come calling you couldn't afford the legal costs to even get far enough to attempt that defense.

    11. Re:indeed by unleashedgamers · · Score: 1

      The CDDA logo is ALWAYS on the disks but almost never on new CD cases.

    12. Re:indeed by unleashedgamers · · Score: 1

      I'd rather get my music with all its info (track names, album names, etc.) If I buy it and rip it, it gets all the info for me if its downloaded it has the info. I don't feel I should HAVE to buy a CD player and fill in all the names. Also circumventing DRM is illegal ( your way ) in Canada while downloading copyrighted material for non commercial use isn't illegal. Another issue the time, 30 min to buy a good CD, 20 minutes to download, I'd bet more than an hour to do it that way.

    13. Re:indeed by alphamugwump · · Score: 1

      Well, how do you think they uploaded it in the first place? I admit, if I was doing it, I'd get it off bittorrent, but a lot of people don't actually have broadband, or want to risk a DMCA. When I didn't have broadband, I recorded a lot of music off the radio. I had a script to start it at the right time, and start recording. I transferred a fair number of tapes the same way. For CDs it would be even easier: just write a script to play each track and record it to each file. It's not like you'd have to supervise it, or solder your own cables, or anything. Since it would be coming straight from your CD drive, you probably wouldn't even be able to tell it from the original. Also, metadata for a CD has to be typed in by hand. Freedb can help with that, but a fair bit of the entries are screwed up, because the submitter didn't know what he was doing. I've also ripped a lot of CDs that freedb had no entries at all for. Likewise, I've downloaded music where the metadata was all crapped up. It's not like stuff magically appears on P2P; somebody has to break the copy protection, type in all the data, and upload it. But yes, I do prefer to pirate stuff, anyway.

    14. Re:indeed by Anonymous Coward · · Score: 0

      Sorry my mistake, I meant 'FairPlay4WM'.

      And DRM is a container which holds the avi format.

  4. Cigarettes and MP3s by Graphic_Content · · Score: 2, Interesting

    This article makes perfect sense on every aspect noted. This is exactly why MP3s are so heavily pirated. I must be honest though, I still purchase CDs when I find new music that I like, but I will never ever purchase MP3s with DRM protection.

  5. He's got it right... by dmayle · · Score: 4, Insightful

    I bought XIII and had to pirate it to play it in my laptop (without the CD)

    I wanted to buy KT Tunstall's CD, but since I listen to my music on the computer, I had to pirate it (it's copy-protected)

    My wife and I have a collection of some 200 CD's, all of which are ripped to my computer, but we haven't bought a new CD in almost a year.

    There's a limit as to when we start pushing our customers too far, and they start to push back

    1. Re:He's got it right... by Anonymous Coward · · Score: 0

      I bought XIII and had to pirate it to play it in my laptop (without the CD)
       
      You bought it, that means you didn't pirate it. Let's at least familiarize ourselves with the proper terms.
       
        My wife and I have a collection of some 200 CD's, all of which are ripped to my computer, but we haven't bought a new CD in almost a year.Just goes to show you that you're little more than a thief. the bands you "support" are losing money in this deal and the RIAA is still strong. what a faggot.

    2. Re:He's got it right... by quickgold192 · · Score: 1

      I bought XIII and had to pirate it to play it in my laptop (without the CD) You bought it, that means you didn't pirate it. Let's at least familiarize ourselves with the proper terms. He was making the point the the DRM caused him to download the tracks without paying for them, instead of simply not wanting to pay for them.

    3. Re:He's got it right... by jdogg82 · · Score: 1

      I imported KT Tunstall's CD onto my computer and iPod no problem...

      --
      "I saw a woman wearing a sweatshirt with Guess on it. I said, thyroid problem?" - Arnold Schwarzenegger
    4. Re:He's got it right... by Anonymous Coward · · Score: 0

      I believe the main issue is this DRM causes many more problems than it solves

      issue A: i want X
      problems : availability, do i need to go to X location to buy it

      issue B: it costs X money, Z time to get
      problems : time is money, do i want to travel to the big city to buy a CD or get it mailed to me from online seller or download it for free and buy it later if i really like it

      now these are all just getting the product

      Notably recently i got my brother a copy of half life 2... which to install the game we had to install the Steam software... which was borked due to a font file missing from OS... a font i may add not included by default in windows... and except for my search-fu the game basically would of been a rotten egg and probably returned

      Now back to the topic at hand...

      DRM causes more piracy... guess why?

      there are roughly three reasons DRM is cracked / circumvented
      A: person wants to make copies to sell for profit (caveat this is due to 'overpricing' of dvds for example)
      B: person wants to use it in a way the producers did not want them to or did not invision (ie watching that DVD on your iPod or ripping cd to mp3 so you can listen to them on your computer or watching dvd's in Linux)
      C: person wants to crack just cause its a challenge to do (hacker / cracker mentality)

      however the fact that it's been labeled 'piracy' is quite amazing at its core

      but to put it all in line
      The Mafiaa and such organizations lag behind technology and use DRM / laws / government influence to prop up a business model that is more and more a dinosaur

    5. Re:He's got it right... by Krakhan · · Score: 1

      Ugh. First of all, the grand parent said he ripped CDs he owned to his computer. How is he a thief when he's merely changing which format he chooses to play music he originally acquired? In addition, saying he hadn't bought a new CD in a year does not mean he pirated any albums he might have wanted.

      Well, nice try.

    6. Re:He's got it right... by DannyO152 · · Score: 1

      Moi aussi. Bought it because I was hearing it in Southern California via the Internet from Great Britain radio stations way before it was getting any airplay here in the US. Hey record companies, as I've said before, you want to sell more records let people hear more music.

    7. Re:He's got it right... by Anonymous+Brave+Guy · · Score: 1

      I wanted to buy KT Tunstall's CD, but since I listen to my music on the computer, I had to pirate it (it's copy-protected)

      No, you didn't. Either buy something you want if it's offered at what you consider a fair price, or don't (and, if you want to improve things, spend 10 minutes writing a brief letter to the supplier explaining why you chose not to buy their product). But please don't break the law and then pretend someone forced you to do it just because you didn't like the legal alternatives. A few things in life might morally justify such action -- breaking weapons laws to protect an innocent from harm, say -- but I rather doubt that depriving you of a few minutes listening to KT Tunstall is that important.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:He's got it right... by SydShamino · · Score: 1

      On the contrary, statements from the RIAA have indicated that they believe downloading copyrighted music is illegal, even if you already own the CD.

      Their lawsuit against MP3.com way back when was based on similar arguments, and they won.

      --
      It doesn't hurt to be nice.
    9. Re:He's got it right... by Gwwfps · · Score: 1
      I bought XIII and had to pirate it to play it in my laptop (without the CD)

      If you bought it, then a no-cd patch is in no way piracy.

  6. Sounds Familiar by cfvgcfvg · · Score: 3, Insightful

    It sure sounds alot like the reversed cause and effect of the "War on Drugs" or "War on Terrorism". Will the government ever learn to back off and let the free market guide itself? And yes, I know the *AA's are the ones pushing for more laws and arrests, but they wouldn't be succeeding without the blessing of the government.

    1. Re:Sounds Familiar by Jeff+DeMaagd · · Score: 2, Funny

      I'm puzzled, how would the market solve the war on terrorism?

    2. Re:Sounds Familiar by El+Cubano · · Score: 1

      It sure sounds alot like the reversed cause and effect of the "War on Drugs" or "War on Terrorism". Will the government ever learn to back off and let the free market guide itself?

      The War on Drugs and the War on Terrorism are two completely different things. The drug cartels are motivated by money. The terrorists are motivated primarily by religion and hatred. If we get every single drug user in America clean, the demand will disappear and there will be no more monetary incentive for the cartels to bring illegal drugs to the US. What demand are we going to get rid of to make the terrorists go away? Short of every American committing suicide at the same time, the terrorists won't quit.

      Now, in economic matters, the government won't back off and let the free market guide things because that is not what people what want. Opposition to NAFTA? Steel tariffs? Automobile tariffs? Mucking with currency? People are in favor of the free market, until it hurts them personally.

    3. Re:Sounds Familiar by WilliamSChips · · Score: 1

      DRM was not invented by the government and would exist even without government involvement in the form of the DMCA which is a paper tiger anyways. DRM was created by the "free" market, which is largely a libertarian fantasy anyways. That being said the "War on (non-Tobacco-or-Alcohol) Drugs" and "War on (non-Israeli-or-Saudi) Terror" are total crocks of shit.

      --
      Please, for the good of Humanity, vote Obama.
    4. Re:Sounds Familiar by Hennell · · Score: 1

      Yes but governments don't exist without the blessings of groups like the *AA's. If lobby groups can't get the government to do what they want, they either stop 'donate' money until they do, or give money to the other side on the condition they'll do what their told.

    5. Re:Sounds Familiar by Winckle · · Score: 1

      They open a halal McDonalds in Saudi Arabia, the Would Be Suicide Bombers love the cheap tasty food so much they decide they like America and won't attack it?

    6. Re:Sounds Familiar by ajs318 · · Score: 5, Insightful

      That was what I was thinking -- it's just the same as the War On Some Drugs. Although most recreational drugs theoretically should cost pennies per dose (poppies, cannabis, hallucinogenic mushrooms and cacti, coca and valerian all grow wild, and they're just the ones I can think off off the top of my head), the very fact that they are illegal introduces artificial scarcity and allows dealers to control prices. And such "legal" ways of getting high as there are, are a PITB. There are medicines you can buy from a pharmacy that will get you off your tits (e.g. Paramol {Paracetamol and Dihydrocodeine}; Benylin Chesty Coughs -- two drugs in one really, Original {Diphenhydramine} is a downer, Non-Drowsy {Guaifenesin} is a mild upper; Night Nurse {diphenhydramine, same ingredient as Benylin Original} and the perennial standby, Kaolin and Morphine mixture -- worth faking a tummy ache to be given a dose of) if you take enough of them, and of course there's booze ..... but getting p!$$&d really isn't quite the same thing. It's too dirty a "high". There are legal plant extracts but the reason that most of them haven't been banned is that they aren't really much cop (though Sida Cordifolia isn't bad ..... name's a bit off-putting if you speak French though).

      Most of the crime is created in response to the problem of illegality. Junkies steal to buy heroin because it's sold at vastly inflated prices by dealers, they daren't seek help for fear of dropping their mates in the s#!t, and anyway they're already criminals just for having a toot so what's a bit of thieving between friends? Tobacco is more addictive than heroin (to the extent you can compare an illegal drug with a legal one), yet smokers are generally law-abiding. Apart from the ones who are bleeding the National Health Service dry by buying tobacco abroad ..... we should send them to Belgium to get treated if they get cancer ..... but I digress.

      --
      Je fume. Tu fumes. Nous fûmes!
    7. Re:Sounds Familiar by ShieldW0lf · · Score: 3, Insightful

      The war on drugs is about ensuring that citizens are addicted to indigenous drugs, and that the profits are centrally controlled.

      That's why it's OK for Americans to be addicted to cigarettes and alcohol but not cocaine or crystal meth.

      Having everyone addicted to cocaine is a threat to national sovereignty.

      Having them addicted to meth is a threat to profits.

      The free market would have everyone buying cheap meth or homemade shine, or addicted to foreign produced coke.

      As it stands now, they're buying whiskey, cigarettes and cough syrup, which is just the way those on top like it.

      The war on terror, on the other hand, is easy to fix.

      Keep your military and your CIA at home, and there will be no terrorism.

      The terrorists are after vengence because they have been and continue to be systematically wronged. By Americans.

      Well, it might be too late now. I imagine there are a lot of orphaned children who aren't going to forget what was done to them.

      Yeah... come to think of it... I think you guys are fucked.

      --
      -1 Uncomfortable Truth
    8. Re:Sounds Familiar by Planesdragon · · Score: 2, Insightful

      The war on drugs is about ensuring that citizens are addicted to indigenous drugs, and that the profits are centrally controlled.

      Only if you count the war on cannabis as "the war on drugs." If you exclude that miscatagorized weed, you get almost exactly the purposes they say the War on Drugs is for.

      If it weren't for use if illegal drugs, Richard Pryor would still be able to perform and Kurt Cobain would likely still be alive.

    9. Re:Sounds Familiar by maxume · · Score: 4, Insightful

      FlySafe airlines would have to compete with FlyCheap airlines. Individuals could make their own choices about how much security they thought they needed in the air. A bunch of people would die, and FlyCheap's assets would be bought out by FlySafeEnough airlines.

      (what percentage of people interact with 'the war on terror' anywhere else?)

      It all depends on what value you assign to the lives of the various other people on the planet; if you use the apparent acceptable rate of car accident deaths(~1/10000 a year in the US), we are spending way too much on anti terror measures(the death rate due to terrorism is way lower than that for US citizens, even if you include 9/11 and soldiers dying in Iraq and so forth). Basically, the free market would ignore it and move on, much to the chagrin of the dead, but to the profit of the living.

      --
      Nerd rage is the funniest rage.
    10. Re:Sounds Familiar by arivanov · · Score: 2
      Keep your military and your CIA at home, and there will be no terrorism.

      Err... Not entirely correct.

      The sole mistake Americans make is by automatically assuming that "The enemy of my enemy is my friend". All other mistakes including sending the military and the CIA are a mere consequence of this one.

      Bin Laden was made out of nothing through the enemy of my enemy principle. He is not the only one jinn to be unbottled in this manner. Plenty of others.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    11. Re:Sounds Familiar by shmlco · · Score: 1

      "The terrorists are motivated primarily by religion and hatred."

      You totally forgot to mention the United State's motivation, which is to secure long-term oil leases in the midle east for US and US-affiliated oil companies, to provide an economic boost by funneling billions of federal dollars into the private sector through military contractors (not so coincidentally also providing a nice profit for Bush's friends), and so Bush can prove that the US (and himself, by extension) still has what it takes.

      "Shock and Awe," indeed.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    12. Re:Sounds Familiar by Dun+Malg · · Score: 1

      Having them addicted to meth is a threat to profits. I dunno... everyone I've ever worked with on meth worked like the dickens. Maybe meth addicts are a threat to having a moment's peace without someone talking. Please, just for five minutes, shut the fuck up.
      --
      If a job's not worth doing, it's not worth doing right.
    13. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      If it weren't for legal drugs, Edgar Allan Poe would have written a lot more books... the *legality* of the drugs doesn't matter much in that regard.

    14. Re:Sounds Familiar by aonic · · Score: 2, Insightful

      Actually, there's plenty of locally-produced cocaine. You know that coca-cola stuff you drink on your 36-hour coding binges? The cocaine was extracted from the coca leaves before the leaves were used to make that. Under the watchful eye of the FDA, of course.

      Cocaine is illegal because it is ridiculously addictive and can immediately cause heart attacks (much worse than nicotine, which is ridiculously addictive but mildly cancer-causing). There's no grand conspiracy to keep you addicted to "local" drugs but not "foreign" ones.

      Personally I believe that you should be able to do whatever you want in your own home, but the FDA thinks otherwise.

    15. Re:Sounds Familiar by russotto · · Score: 2, Insightful

      DRM -- originally called copy protection -- was created by the market. And it mostly died in the market. It took the DMCA to make DRM look viable again.

    16. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      >If it weren't for use if illegal drugs, Richard Pryor would still be able to perform and Kurt Cobain would likely still be alive.

      ...and most people wouldn't know who either of those people were because they never would have done anything interesting.

      I couldn't care less about either Pryor or Cobain anyway.

    17. Re:Sounds Familiar by maeka · · Score: 1

      Tobacco is more addictive than heroin (to the extent you can compare an illegal drug with a legal one), yet smokers are generally law-abiding.

      1 - Nicotine may be a harder habit to quit than heroin, but the withdraw symptoms of heroin are much worse.
      2 - Tobacco and heroin are apples and oranges when it comes to their psychological effects. The comparison is invalid not because one is legal and the other not, but because heroin has a much more powerful effect on one's mood and behavior than nicotine.
    18. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      Only on slashdot would your post be modded "insightful." The "war on drugs" is about a lot of things, but it has nothing to do with people being addicted to indigenous drugs. If "those on top" were worried about profits, they would make the drugs legal, and charge a large tax on their import. That way they would make a huge profit off of the taxes, and they would also save billions of dollars a year that are currently spent on enforcement.

      You suggest that everyone would be addicted to meth or coke if it were a free market because your are a dilluted fool. The vast majority of people prefer not to be addicted to meth or cocaine. This is beceause they do in fact fuck your life up.

      Although there are many reasons for the so-called war on drugs, the major reason for it is that most of the banned drugs are extremely unhealthy and cost society a lot of money in trying to "fix" lives that have been consumed by drug addiction.

      Your comments about the "war on terror" are also based on fantasy. There were no American Military forces in Afghanistan when Osama plotted to kill Americans. In fact, there was a decades old-war with Russian military forces in Afghanistan before the world trade center was bombed the first time. Furthermore, do you remember the Train bombings in spain? What about the bombings in the Netherlands? Was that because of their military and intelligence operations? No, it was because they are civilized nations that recognize free-speech.

      The U.S. sends billions of dollars in aid to countries around the world every year, the U.S. military generally saves lives and prevents Genocide wherever they go. Usually they are hailed as saviors. George Bush's grand pronouncments about the "war on terror" to further his political interests, and his severe fuck-ups in Iraq haven't made terrorism the U.S.'s fault. It was happening long before the U.S. existed, and before the U.S. exherted any military influence on the rest of the world. Your thinly veiled hatred of America won't make your nation supperior, nor protect you from those that want to destroy free civilization. Nor will your ideology provide much comfort when your loved-ones are slaughtered for such vile acts as printing a picture of Mohammad, or participating in the free market you hold dear.

    19. Re:Sounds Familiar by WilliamSChips · · Score: 1

      Actually, if he hadn't started using heroin, Kurt would have died earlier, as evidenced by an interview in 93 or so in which he said it was the only thing keeping him from topping himself. He had bipolar disorder(one of the songs in Nevermind is called "Lithium", a drug used to treat bipolar disorder) and twenty percent of people who have that end up committing suicide. And even if he hadn't committed suicide, his next recording after In Utero would have been him screaming "FUCK YOU" into the microphone for 45 minutes, if it existed at all. Kurt basically had an abject hatred for anything popular, and he himself was popular.

      --
      Please, for the good of Humanity, vote Obama.
    20. Re:Sounds Familiar by Antique+Geekmeister · · Score: 1

      DRM is based on copyrights. The first copyrights were on the Bible, to prevent its broad publication and availability to non-priests, and to prevent alternative versions of it from being printed.

      Let's be very clear, the foundation of DRM and of copyright is to prevent free as in free speech use of things. The reasons can be good for it, such as to protect privacy or to reward creators. But the effect is to prevent access.

    21. Re:Sounds Familiar by causality · · Score: 1

      If lobby groups can't get the government to do what they want, they either stop 'donate' money until they do, or give money to the other side on the condition they'll do what their told.

      Oh, I'm sorry, did you mean "they're" by any chance?

      What is it about their, there, and they're that you people have such a hard fucking time with, exactly? Or do you enjoy looking stupid and/or too lazy to proofread when you were trying to make a valid point? To those who whine about grammar nazis (because they also have a pathetic level of skill with their native language and it makes them feel inadequate when you point this out), I will break it down for you: how much your words mean to me is partly determined by how much they seem to mean to you. It does not take very much effort at all to proofread a 1-2 line post such as this one, yet the author could not be bothered to do so. Therefore, the author doesn't value his own post very much, so why should I?

      I challenge anyone to come up with an argument against this that is something other than an excuse for why we should accept mediocrity. And for the whiney, annoying "who are you to judge" crowd, I say this - I am not telling anyone what to do; I am merely explaining why I will not take someone seriously who can't avoid the type of grammatical errors one would expect from a child.
      --
      It is a miracle that curiosity survives formal education. - Einstein
    22. Re:Sounds Familiar by britneys+9th+husband · · Score: 3, Insightful

      The problem is, when FlyCheap Airlines has one of its planes hijacked and flown into a skyscraper somewhere, that's a negative externality. The people in the building never got to choose how much security they needed. Should we allow the CheapNukes Power Plant to store nuclear materials in an unlocked building on the side of the road?

      --
      Hear recorded Slashdot headlines on your phone! New service beta testing. Just call (248) 434-5508
    23. Re:Sounds Familiar by Anonymous Coward · · Score: 0
      I'm puzzled, how would the market solve the war on terrorism?

      Make people happier and they stop wanting to blow things up.

    24. Re:Sounds Familiar by maxume · · Score: 1

      I wasn't endorsing it; nevertheless, terrorist attacks are rare enough(and would be, people simply would not fly on airlines that were more than a little likely to be hijacked) that the 'market' solution to the problem would likely be to ignore the deaths.

      The nuclear stuff is a bit more of a throwhandsupintheair thing. There is some chance that ReallySmartAndProfitableNukes would buy out the market for public relations reasons or some such.

      I actually like government to step in and regulate markets with externalities(not always the method, but the overall function is important to society). There are simply to many self centered, short cited assholes to do without.

      --
      Nerd rage is the funniest rage.
    25. Re:Sounds Familiar by Hennell · · Score: 1

      Wow, that's a very strong response - I hope you don't get this worked up every time you spot such minor mistakes, just 5 minutes of internet surfing could give you a stress based heart attack.

      I apologise if my mistake offended you but I don't really think it warrants such a reply. The point of my post is still easily understandable, and it doesn't require that much thought to work out what I meant. There, they're and there are similar enough words for it to be very easy to use the wrong one and equally easy to correct. I know that doesn't make it a good thing or correct grammar but it's hardly the end of the world.

      I have far more problems with people who speak in stupid abbreviations or add numbers etc to their words because that does remove people's ability to understand. I also take fair care for other people to understand me, as a dyslexic my spelling is quite often rather imaginative, so I use the firefox spell checker so that people don't have to guess what I'm saying. (I sometimes have to look up the definition of words to see which is the right spelling to use because I can't tell the difference.) Good communication helps to get your point across, but its really the idea that matters, communication is somewhat secondary. Slashdot is a place to share your views, opinions or insights on a topic, not to test who has best command of the English language.

      Besides that I also feel that you can't assume that someone hasn't proofread something just because they miss errors you spot instantly. Newspapers and Books will often have grammatical errors, and they have professional proofreaders who managed to miss something. I happen to be incredibly bad at proofreading; in anything important I get someone else to proofread it.

      When posting online I tend to re-read what I've said to make sure it makes sense /my point can be understood, but having only just typed it its remarkably easy to miss things. I read above post before submitting, noticing just afterwards that it said 'donate' rather then 'donating'. People seem to have got passed that though, I don't think it's likely to have really confused anyone.

      I don't agree with the idea of accepting mediocrity, and have no problem with you pointing out peoples mistakes, however you seem to really over react. A simple "I think you mean they're ;)" would suffice; the poster gets the point, and doesn't feel unfairly picked on, by a person trying to start an argument.

      (I'm also curious as to who exactly the "you people" are you're referring to? Grammatical errors are hardly enough to label a whole subgroup with.)

    26. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      That's why it's OK for Americans to be addicted to cigarettes and alcohol but not cocaine or crystal meth.

      And what about marijuana?

    27. Re:Sounds Familiar by An+Onerous+Coward · · Score: 1

      Crystal meth is manufactured here in the United States, by hard-working individual entrepreneurs. Meth labs are state-of-the-art examples of good old-fashioned American ingenuity and knowhow, often run by couples with families. It's difficult to run a successful meth manufacturing startup, especially in the face of burdensome government regulations, yet tens of thousands of people overcome the odds every year. In doing so, they provide the valuable product that millions of customers use to increase their personal productivity, turbocharging our national economy.

      Crystal meth: Buy American.

      --

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

    28. Re:Sounds Familiar by Attila+Dimedici · · Score: 1

      A certain segment of the Muslim population has been expansionist since Mohamed. Islam divides the world into to parts; the World of Islam, and the World of War. There are other ways to look at this, but the simplest way is that Muslims are at war with any part of the world that is not under Muslim control.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    29. Re:Sounds Familiar by Wardish · · Score: 1

      "The problem is, when FlyCheap Airlines has one of its planes hijacked and flown into a skyscraper somewhere, that's a negative externality. The people in the building never got to choose how much security they needed. Should we allow the CheapNukes Power Plant to store nuclear materials in an unlocked building on the side of the road?"

      With the requirement that they be insured (self insurance is an option with reasonable garruntee's) by an insurer that has the wherewithal to cover reasonably concievable possibilities.

      In such a case FlyCheap Airlines would have to provide good security especially on access to the cockpit or they would face insurance premiums that would be prohibitive.

      In such a case CheapNukes Power Plant wouldn't be able to operate because the insurance premium would be ... Calling it prohibitive would be a grain of sand on the beach.

      Simply put you require that business's, organizations, and yes people too, to be responsible for their behavior. That means if you engage in activities that have a reasonable possibility of expensive consequences then you garruntee that you are good for it. This means that you WILL make things as secure as reasonably possible because doing otherwise is foolish.

      --
      Ward

      . Silence! Be thankful thy species is unpalatable! .
    30. Re:Sounds Familiar by ajs318 · · Score: 1

      Totally. Heroin withdrawal -- any kind of opiate withdrawal, for that matter, be it morphine, codeine, dihydrocodeine, methadone or any of myriad others developed under the misapprehension that it would be a less-addictive alternative to the last one -- is intensely physically painful, because a heroin habit interferes with the body's pain-regulation mechanism, reducing the production of endorphins (the body's natural painkillers and feelgood chemicals). Nicotine addiction does not compromise the pain-regulatory mechanism.

      Nonetheless, the legal status will contribute its own systemic error to the results of any comparison, artificially understating the addictiveness of illegal drugs. There is more to be gained by a medical practitioner "curing" a person of an addiction to an illegal drug than a legal one, and more to be gained by an ex-addict staying (apparently) clean of an illegal drug than a legal one.

      --
      Je fume. Tu fumes. Nous fûmes!
    31. Re:Sounds Familiar by Anonymous Coward · · Score: 0

      poppies, cannabis, hallucinogenic mushrooms and cacti, coca and valerian all grow wild

      Who the heck tries to get high on valerian? It's at best a mild sedative. People with insomnia take it to help themselves sleep, but there's barely any scientific evidence that it even has any effect beyond placebo. Not the sort of thing I'd expect kids to be dealing on the street.

  7. Nonsense by boer · · Score: 1, Interesting

    Does not make too much sense to me.

    1) Legal content can be easily found online.
    2) DRM-protected content is cheap - cheaper than their physical equivalents.
    3) Users who know what to expect will not be dissappointed. I know I am a happy iTunes + iPod user. Then again I do not spend my time inventing all sorts of scenarios how this model could be limiting my life when it is not.

    --
    (This sig intentionally left blank)
    1. Re:Nonsense by flyingfsck · · Score: 5, Informative

      Many Baen books are available on-line for free. They found that whenever they relesae a free book, sales of all books of that author increase and the sales of the free book takes off. The fact is that people like the value of a real book, while the online version gives them a chance to read some books in a series and evaluate the author.

      So whether it makes sense or not is moot. Baen proved that free books increase sales enormously.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    2. Re:Nonsense by El+Cubano · · Score: 4, Insightful

      1) Legal content can be easily found online.

      Only if you use their choice of OS, their choice of browser, their choice of media player, their choice of hardware, etc.

      2) DRM-protected content is cheap - cheaper than their physical equivalents.

      I'm not to familiar with music, but ebooks sure don't follow this. I've often seen paper books for $60 and their electronic equivalents for $50. Only $10? I don't think so. Publishers claim that the majority of the cost of a book is printing, binding and shipping. All of those costs are gone with ebooks. Now you have server costs (much smaller than distribution costs for real books). So, it may cost slightly less, but is certainly not cheaper considering what you are giving up. Of course, you still have to be using their choice of software (OS, reader, etc), as few outfits provide unencumbered ebooks in PDF format or something.

      3) Users who know what to expect will not be dissappointed. I know I am a happy iTunes + iPod user. Then again I do not spend my time inventing all sorts of scenarios how this model could be limiting my life when it is not.

      Users expect to be able to use and move their stuff around. That is sadly not always possible. iTunes may be the exception, but I don't know not having used it personally.

    3. Re:Nonsense by vurian · · Score: 1

      I know it's true... I recently bought the advance reader's copy of 1634: the baltic war for $15,-- and discovered that over the past few years I've spent about a hundred dollars buying electronic books from Baen. And I've bought a couple of hardbacks, too. Just because I discovered in their free library that among the really sicko Baen authors like John Ringo there are a couple of authors that can be counted on to produce a Good Read.

      And -- that hundred dollars is pure profit for Baen -- no paper costs, no distribution costs -- and a happy customer.

    4. Re:Nonsense by Nom+du+Keyboard · · Score: 2, Insightful
      2) DRM-protected content is cheap - cheaper than their physical equivalents.


      Weren't you listening??? DRM protected content is much less useful than the physical equivalent. To some people it's worth nothing at all since they can't play it on their own preferred music player. So they look for content they actually use.


      And while the music industry has yet to lose a sale from me because of illegal downloading, they're not producing much I want to hear these days either. Hip-Hop, and Rap Music (an oxymoron if there ever was one) are not on my playlists. The Beatles are, but they can't be bought on-line yet.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    5. Re:Nonsense by d34thm0nk3y · · Score: 1

      3) Users who know what to expect will not be dissappointed. I know I am a happy iTunes + iPod user. Then again I do not spend my time inventing all sorts of scenarios how this model could be limiting my life when it is not.

      Neither do I. See, I already know that if you want to buy a Creative MP3 player that you are screwed. Now you do too, no time wasted.

    6. Re:Nonsense by tomstdenis · · Score: 1

      legal 128kbps mp3 == not useful.

      itunes uses AAC and from I've read sounds decent, but it's still DRM laden.

      What people want is to buy CDs and know that they're actually CDs and not some data CD with PCM tracks "hidden" on it. In short, people want what they're prepared to pay for.

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:Nonsense by phantomfive · · Score: 1

      3) Users who know what to expect will not be dissappointed. I know I am a happy iTunes + iPod user. Then again I do not spend my time inventing all sorts of scenarios how this model could be limiting my life when it is not.

      Exactly. The truth of the matter is, that if all music is DRMd, and there is no other way to get it, there will be NO piracy, and people will buy it just as they did in the days before music sharing was possible. This is likely an impossible scenario, but it is such a seductive dream that the industry is pursuing it like a pot of gold at the end of the rainbow. Even if it gets farther at every step, they can't resist it. Actually it's probably more like the Sirens of Ulysses. Dang. Curse slashdot for making me think more about the metaphor than my actual point.

      --
      Qxe4
    8. Re:Nonsense by maxume · · Score: 1

      Baen proved that free Baen books increase Baen sales enormously.

      How reflective of the general population are their customers?

      --
      Nerd rage is the funniest rage.
    9. Re:Nonsense by bcrowell · · Score: 2, Interesting

      Publishers claim that the majority of the cost of a book is printing, binding and shipping. All of those costs are gone with ebooks.
      Well, no. That may be true for certain types of books, but it is certainly not true for any that I'm familiar with. One type of book where I have hard data is upper-division physics textbooks (black and white). For those books, paper, printing, and binding (PPB) are about $10 a copy, whereas the price of the book is normally in the $50-100 range. One way to tell that PPB is not a big slice of the pie for textbooks in general is that the cost of college textbooks has gone up 62% in the last decade, whereas PPB definitely has not. Paper has gotten more expensive, but not enough to explain an increase in the cost of an organic chemistry textbook from $100 to $160. In some cases, PPB may be getting cheaper, because publishers are using POD in cases where it's economically advantageous. (A lot of fiction publishers are getting slower-selling titles produced by Lightning Source, for example, in small batches.)

      For most types of books, PPB is not a very big chunk of the retail price. Important chunks include:

      • editorial work
      • design work, for illustrated books, such as textbooks
      • licensing of photos (which is a per copy cost)
      • distribution
      • the bookstore's markup (typically 34% markup for a college bookstore)
      • advertising
      • financial costs incurred because you have to pay to produce the books, and then wait to sell them in order to get your money back
      • returns (a huge negative in the publishing business)
      I can't believe that shipping is a big hunk of the pie, especially if they're using media mail.
    10. Re:Nonsense by Breakfast+Pants · · Score: 1

      And -- that hundred dollars is pure profit for Baen -- no paper costs, no distribution costs -- and a happy customer. The authors don't get any cut of the hundred dollars? They should find a new publisher.
      --

      --

      WHO ATE MY BREAKFAST PANTS?
    11. Re:Nonsense by ChrisKnight · · Score: 1

      > Baen proved that free Baen books increase Baen sales enormously.
      >
      > How reflective of the general population are their customers?

      Reflective of the general population? Probably not very.

      But... Baen sells primarily Science Fiction, which is not the staple of the general population. Readers of science fiction tend to me more educated and more computer literate. So, Baen's core market is the very same people who are smart enough to break DRM. (My mother or sister couldn't decrypt a DVD and put it on their iPods to save their lives.) Baen has proven that the very people smart enough to walk around DRM are the ones who download their free books and then pay for the rest.

      --
      -- This sig is only a test. If this were a real sig it would say something witty. --
    12. Re:Nonsense by bcrowell · · Score: 2, Informative

      Baen proved that free books increase sales enormously.

      The problem is that you can't necessarily apply the same lessons to other types of information besides books, or even to other types of books.

      College textbooks. College textbooks are unlike science fiction books because they're extremely expensive, the target audience doesn't have any choice about whether to choose a particular book, and the same title typically sells steadily for many years. So for college textbook publishers, following the Baen model just won't work. If they wanted to make it work, they'd have to lower the price of a calculus textbook from $150 to more like $20. Baen's model depends on the idea that the electronic freebies help to keep the books popular; no such consideration applies to college textbooks, where the only concern is to keep the professor from adopting some other book.

      Software. The Baen model depends on the fact that books are available in two forms, paper and electronic, and most people who are actually going to read a science fiction novel prefer paper. It doesn't really work that way with software, although you can certainly try to make two versions, or sell support, etc.

      In both of these examples, information that has intentionally been set free by its authors really is a threat to the established industry -- and I think that's a good thing. (See my sig for numerous examples of free textbooks; not many of them are also available in print.)

    13. Re:Nonsense by moriya · · Score: 1

      I've no argument for point 1... since that's fairly true. Point 2, though, I've some concerns of.

      While it can be said that DRM stuff can be purchased for cheaper than what you get from its physical counterpart, I do find that the amount you paid for in comparison either works out in the end or that the DRM protected content is not worth spending for in the end.

      I have long forgotten the last time I have purchased a CD. With my iPod, the most I have been getting from iTMS are weekly freebies that I found to be interesting to listen to. However, when you consider actually purchasing things like songs or albums, would what you paid for really be worth it in the end? Let's assume for the instance that the purchase is for a recent album costing US$13 for the DRM-protected content. We have the music content downloaded and its license properly downloaded from the store. We listen to it and we keep it around for a while. But have we ever thought about the audio quality at all?

      Every store that sells downloadable multimedia content like music or videos/movies are using a compression that is less than that of the physical counterpart. This, to me, is unacceptable. Most particular is music, as many audio stores will let you download purchased music at a lossy bitrate such as 128kbit/s or 192kbit/s. Sure, the average Joe isn't going to hear the difference. But the power users, the picky users, and the audiophile users aren't going to stand for it. To this very day, the physical audio CD is still the only source for the highest quality audio possible. There's no built-in DRM. There's no compression inherit with it.

      Now let us assume for this instance that the physical counterpart for the same album mentioned earlier is priced the same at the local store. If given the choice, which would you rather choose? I personally think the choice is obvious but I'll leave that up to you...

    14. Re:Nonsense by russotto · · Score: 1

      College textbooks are a racket. In a reasonable copyright regime, there'd be so many perfectly good out-of-copyright calculus texts that you'd have a lot of trouble selling one for $50, let along $150. It shouldn't be surprising that models lacking DRM won't work for them; they're scams to begin with.

    15. Re:Nonsense by Robotech_Master · · Score: 2, Informative

      But oddly enough, at least some people have found that free on-line editions of textbooks make the print versions sell better, too. See Flint's Prime Palaver #6.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    16. Re:Nonsense by WolfWalker545 · · Score: 1

      Actually, I'd have to dig out a contract to see, but the authors make at least as much, or more, on ebook sales as they do on paperback sales. Not sure about the eArcs, should know in a few months, though :-)

    17. Re:Nonsense by bcrowell · · Score: 1

      But oddly enough, at least some people have found that free on-line editions of textbooks make the print versions sell better, too. See Flint's Prime Palaver #6.
      That hasn't been my experience at all. I'm the author some physics textbooks, which have always been available for free as DRM-free PDFs, and which are also available in print. My experience has been that if the cost of a printed, 250-page volume rises above about $15 in the bookstore, students start choosing to download the book and print it themselves. When the price is about $20, only about 40% of students buy it in print. When the price is about $14, about 75% do. I'm perfectly happy with my current setup, which works like this: the books are free in digital form, and students can buy them for about $14 (depending on what shipping they choose) from lulu, with zero royalty going to me. However, that's a completely untenable business model for a publisher; their costs are such that they won't even consider selling such a book for less than about $50. (I know this from discussions with publishers who contacted me because they were interested in the books.) The Eric Flint article you linked to unfortunately doesn't say anything about what books he's talking about. For the kind of illustrated freshman science textbooks I'm talking about, one big issue is that publishers normally pay to license photos, and then they have to pay licensing fees to the photo agencies on every copy they sell. That actually makes it completely impossible for them to give away a free online book. The way I've handled the photo issue is to make my own, and also use a lot of photos from Wikipedia, and Wikimedia Commons. However, that's only possible because my books are under a copyleft license that's compatible with theirs. Most publishers are absolutely unwilling to publish a book if the arrangement is going to be nonexclusive, which means that a copylefted book is not an option for them. Yes, you can find counterexamples (O'Reilly, Prentice Hall and Bruce Perens' Open Source Series), but almost no publishers are willing to take that kind of chance.

    18. Re:Nonsense by StrongAxe · · Score: 1

      College textbooks are unlike science fiction books because they're extremely expensive, the target audience doesn't have any choice about whether to choose a particular book, and the same title typically sells steadily for many years.

      This was not my experience when I was in school. People were constantly complaining that they had to pay outrageous amounts for textbooks, and then the following year, when they were finished with them, they were stuck with an expensive albatross, because they couldn't resell them used, since a different book was used the next year. This also meant that you had to buy all your books new, at full retail price, because they weren't available used, since different books were used the year before.

    19. Re:Nonsense by StrongAxe · · Score: 1

      Exactly. The truth of the matter is, that if all music is DRMd, and there is no other way to get it, there will be NO piracy

      I am not aware of any currently-used commercial DRM system that has not been broken eventually (just look at HD-DVD and Blu-Ray). If everything is DRMed, there will be no legitimate DRM-free music, but you can be sure that illegitimate music with the DRM stripped from it will still be commonplace.

      Even in an era of "uncrackaable DRM", itt will still always be possible to record sounds or video in the analog domain (at least until they remove our eyes and ears and put digital implants in our heads to remove that "security loophole", and I can't see the public acquiescing to that any time soon).

    20. Re:Nonsense by bcrowell · · Score: 1

      Are you talking about a different book, or a different edition? It's true that the textbook publishers bring out new editions on very short cycles, and the only reason they do it is to kill off the used book market. My experience, as a college teacher, is that teachers tend to stick with the same book (but new editions) for as long as possible; switching to a completely new book is a lot of work, and they want to avoid that.

    21. Re:Nonsense by Anonymous Coward · · Score: 0

      But going to your list of costs, for ebooks, distribution drops to zero (or close to it after the initial outlay of server and site, even less I'd guess if you go through an existing site like Mobipocket,com or Fictionwise.com), same for advertising, the markup, and most especially the last 2 bullets. And except for the photos (which would require a revised form for ebook licensing) the other costs - editorial and design would be de minimus -- since much is done now electronically, keep it electronic and straight to "print" = one file that can be download infinite times. Thus costs for ebooks should be signigicantly less than hard copy.

    22. Re:Nonsense by Anonymous Coward · · Score: 0

      It's hardly pure profit. There is the cost to maintain the servers and storage as well as the internet access costs, system administration, etc. Do you think the authors maintain the Baen web page or something?

      Nonetheless this should be cheaper than the cost to produce the physical books, shipping them to stores, stocking them, and the floorspace rental of the stores which is the point I hope you were trying to make.

    23. Re:Nonsense by Breakfast+Pants · · Score: 1

      So how was $100 spent by a consumer $100 in profit for Baen?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    24. Re:Nonsense by Stephen+Samuel · · Score: 1
      Or, to put it another way, "cheap" music is useless if I can't listen to it.

      The other thing is that the intent of DRM is that, instead of charging me $20 for the CD, they want to charge me $.75 per track every time I play it.. After 25 plays, they get the whole $20, but they don't have to pay for the CD, and I still have to pay per track.
      In other words, lies, damned lies and statistics will kill the average consumer. You pay less per track, (but you don't actually get the track).

      --
      Free Software: Like love, it grows best when given away.
    25. Re:Nonsense by cbhacking · · Score: 2, Informative

      A bit more details...

      Baen has a "free library" on their website with a small, frequently changing collection of stuff. However, their hardcover books also come with a CD licensed for free redistribution that can be copied onto hard drives, etc. No DRM whatsoever.

      A fellow running a (unrelated) site called TheFifthImperium has put the contents of every single one of these CDs up on his website at http://baencd.thefifthimperium.com. They can either be read online (as downloaded documents or HTML) or you can download the entire CDs. No idea of this site's ability to withstand Slashdotting, but it's well worth visiting. David Weber (of Honor Harrington fame, plus many other fine novels) and Eric Flint (author of this article and a vast number of superb sci-fi or fantasy books) feature heavily on these CDs, but there are books by quite a few BAEN authors included. If your local library has hardcover BAEN books, there's a good chance they'll have the CDs too (though the link above will get you to all the CDs, which is nice as no one CD has all the books they've distributed this way).

      Even if reading on a computer doesn't appeal too much, it's worth checking them out just to learn a bit about the authors and their works.

      --
      There's no place I could be, since I've found Serenity...
    26. Re:Nonsense by gordo3000 · · Score: 1

      I'm a bit off topic, but everyone seems to be ignoring the major difference between an ebook/ paperback compared to a cd/downloaded music. With the music, there is no different whatsoever in the content. with an ebook, there is significant difference.

      just to name a few:

      1) reading on a computer screen is much harsher on the eyes than a paperback book(only recent tech gets around this, but at a real price)

      2) printing out an ebook and carrying around a stack of 8 1/2 x 11 paper is tedious compared to a small sized paper back of the same book.

      The first is the reason I still buy books rather than download from Baen, even though I do enjoy some of their authors.

    27. Re:Nonsense by Anonymous Coward · · Score: 0

      This is true nonsense.

      1. Legal content can only be found where it's available. If Itunes doesn't get the latest sony artists because sony and apple have a spat, then your alternative is to go to sony and buy it, but what if they don't have a online distribution system?

      MP3's became widely popular not as pirate mechanisms to content, but to allow users to SHRINK the size of ripped WAV files and MP4 for AVI's and other video content.

      2. DRM protected content only reduces costs marginally. IOW, since there is no disk creation/burning or cases to buy or labels to produce, we save this. However we still pay all the distribution fees/royalties and other useless middlemen that are using DRM to protect their business, rather than reducing the cost since distribution is free (internet based). If they did this, a $0.99 song would only cost $0.20 and at that stage we could even give the original artist a raise, albiet a small one.

      3. You are one of the few happy itunes +ipod users. I have one ipod and since it was a free gift I'll keep it until it dies. But I have bought several mp3 players including the one in my phone and much happier with these. itunes is not a great service since it is in fact limited and does not hold a candle to a 'complete' availability of artists. Only the few that apple has agreements with to distribute.

      Still the cost of an album online is roughly $10/disk, and in the store they are only $14/disk. I can buy them used off my buddy or at a used store for about $5-7, or I can download them from allofmp3 for $2.00.

      Except for the first option, i can choose to backup, copy, remix, etc. the content to my discretion, something the first DRM'd option does not allow.

      So in my mind, DRM is a clay pigeon just waiting for it's final demise.

    28. Re:Nonsense by Travelsonic · · Score: 1

      Doesn't affect you at all, eh? *coughbullshitcough*

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    29. Re:Nonsense by yehoni · · Score: 1

      Some real world effects of DRM, for the average user who isn't trying to do anything particularly unusual. I read ebooks on my PDA. So does my wife. We each bought books before we met. The PDA version of MS Reader can only be registered with one account at a time. So if I want to read a book my wife bought, I can only do so by either switching my PDA's registration (which, in turn means I can't read books that *I* bought), or by buying a second copy of the book. And, because we already have two accounts, we will have this problem with any books we buy in the future as well. The second you seem to have dismissed out of hand. I buy a DVD, I don't *want* to be restricted to playing it on a home DVD player or PC. I travel. I have a 90 minute commute on public transit. I like to have video available in my PDA (and I doubt this is any easier with a video ipod, so don't tell me that's "mysterious"). Because of DRM, moving video from DVD to a file format the player can read is a multi-stage (meaning I need to come back and keep doing things the whole way through) multi-hour process. Home-made DVDs, without the DRM can do the trip in one step, it takes only 40 minutes to complete, using a single free program, and I was able to teach my computer-illiterate boss how to do it with only 2 demonstrations. DRM doesn't impact most people simply because they already "know" they can't do certain things ("I can't play a DVD on this, it has no DVD drive"). If the DRM didn't exist, the "knowledge" wouldn't either, because it would be much clearer that these things are not just possible, but *easy* with most digital media. Also, you list "ripping" among the mysterious. You do know that's exactly what you're doing when you buy a CD and put it on your computer for your ipod, right? And even that isn't as complication-free as you make it sound. Don't believe me? Look up Sony's attempt to install spyware, without the owners *knowledge*, let alone consent, on computers that ripped their CDs.

    30. Re:Nonsense by juhaz · · Score: 1

      Not very, but since their customers are reflective of the part of population (geeks) more likely to pirate than the general population, it seems likely those targeting gp would see even larger benefits.

  8. Re:Commodification by Anonymous Coward · · Score: 0

    industry-Yids I'm sorry, could you define that term please?
  9. Re:Commodification by Quantam · · Score: 3, Insightful

    No. Bad analogy. Sexuality is simple evolutionary psychology. Given enough females, a male could produce perhaps 150 children a year, while a female could at most produce 1 (assuming no twins or other such anomalies). But for men to pass on their genes they require women. Thus, female sexuality IS a scarce commodity; there's nothing artificial about it.

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  10. And it does something else by marcel-jan.nl · · Score: 1

    Ever since I found out I could not play an DVD-audio on my PC when I have my connected digital speaker system, did you think I ever bought one DVD-audio?

    1. Re:And it does something else by Jesselnz · · Score: 1

      I have the 5.1 mix of Opeth's Ghost Reveries, and I've had no problems playing it on my MythTV system.

  11. If only the UK goverment realised this. by Xest · · Score: 2, Insightful

    Honestly, the response to the recent petition to the UK goverment to ban DRM almost sounded like it was produced for the goverment by the RIAA and Macrovision combined. The response in full:

    Digital rights issues have been gaining increasing prominence as innovation accelerates, more and more digital media products and services come onto the market and the consumer wants to get access to digital content over different platforms. Many content providers have been embedding access and management tools to protect their rights and, for example, prevent illegal copying. We believe that they should be able to continue to protect their content in this way. However, DRM does not only act as a policeman through technical protection measures, it also enables content companies to offer the consumer unprecedented choice in terms of how they consume content, and the corresponding price they wish to pay.

    It is clear though that the needs and rights of consumers must also be carefully safeguarded. It is reasonable for consumers to be informed what is actually being offered for sale, for example, and how and where the purchaser will be able to use the product, and any restrictions applied. While there is good reason to expect the market to reach a balance as these new markets develop, it is important that consumers' interests are maintained in the meantime.

    Apart from the APIG (All Party Internet Group) report on DRM referred to in your petition, Digital Rights issues are an important component in other major HMG review strands on Intellectual Property, New Media and the Creative Economy. In particular, the independent Gowers Review of Intellectual Property commissioned by the Chancellor of the Exchequer, published its report on 6th December 2006 as part of the Chancellor's Pre-Budget Report. Recommendations include introducing a limited private copying exception by 2008 for format shifting for works published after the date that the law comes into effect. There should be no accompanying levies for consumers. Also making it easier for users to file notice of complaints procedures relating to Digital Rights Management tools by providing an accessible web interface on the Patent Office website by 2008 and that DTI should investigate the possibility of providing consumer guidance on DRM systems through a labelling convention without imposing unnecessary regulatory burdens.

    1. Re:If only the UK goverment realised this. by grimJester · · Score: 1

      However, DRM does not only act as a policeman through technical protection measures, it also enables content companies to offer the consumer unprecedented choice in terms of how they consume content, and the corresponding price they wish to pay.

      This is advertising. An encrypted mp3 simply does not give consumers more choice in how to use it than a plain standards-compliant mp3. Assuming the response was written by people who actally considered the issues and decided rentable content was important enough to override the concerns of vendor lock-in, incompatibility with existing hardware etcetc, it would not have been worded this way.

      "unprecedented consumer choice"?? It's like they use MPAA/RIAA/Sony/whatever marketing lingo just to rub their corruption in our faces! "Yeah, I got paid to say this. What can you do about it, punk? *giggle*"

    2. Re:If only the UK goverment realised this. by Anonymous+Brave+Guy · · Score: 1

      I don't trust our government as far as I can throw them. Nor was I entirely happy with the Gowers report (which was supposed to be evidence-led and to fairly address issues raised in submissions, yet which completely overlooked many points I made in my extensive submission on this and other areas).

      However, I honestly don't have a big problem with their answer here. As long as those offering protected media are compelled (a) to be straight with customers about what they are and aren't getting for their money, and (b) not to abuse any monopoly or oligopoly position they are in because of their copyrights via anticompetitive practices, let 'em do what they want. Things like DRM and annoying trailers at the start of DVDs will soon start losing out to products that don't hamper the paying customer, and businesses will go with what the people want.

      One problem at the moment is that a lot of stuff is being sold as if it's a film you can just sit down and watch, yet it forces you to sit through 15 minutes of ads and copyright propaganda first. Compel any organisation producing such disks to display an honest warning occupying 1/3 of the front box cover saying that this is the case (as they do with smoking health warnings in this country now) and see how fast that policy dies.

      Similarly, if "CDs" are not likely to be playable in all CD players (including car systems, computers, etc.) then don't let them put that on line 9 of the small print on the back and stock the disc on the same shelf as real CDs. Make them display in big letters a list of the systems the disc will play in or a warning about the systems it won't, and penalise them for misleading advertising if they lie. Again, if you have a market that is let down by this (Linux being an obvious example in this forum) then no-one will be ripped off by paying for stuff that doesn't do what they expect when they buy it. Market opportunities will be created for the niches, and if enough people want something and are willing to pay what it costs to make it then it will probably be provided. If not (c.f. Linux games), well, it's not really the content vendors' problem if a few people choose to go a different route to everyone else, and nothing stops that situation changing if it becomes commercially viable to support alternative platforms.

      Now, let me be clear. I am no big fan of DRM, not least because in theory any effective DRM fundamentally conflicts with basic fair use of copyright material as currently provided for by law in many places, and in practice DRM penalises legitimate customers while doing little to hamper people who rip stuff illegally. But I think a lot of the problems we have today aren't really caused by copyright or DRM at all. They're caused by old-fashioned monopoly abuse, price fixing, misleading advertising, and the like. The correct solution to these is to punish the businesses that engage in such practices, at which point the market would reasonably quickly separate the wheat from the chaff, and I suspect DRM would die (as seems to be starting in the music world recently) without any explicit bans by government. The latter should be a last resort, if only because any precedent that prevents people with legal rights using technological means to protect those rights in the face of widespread abuse is likely to be dangerous in other, as yet unknown contexts.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:If only the UK goverment realised this. by Perey · · Score: 1

      Just a quick stab at one point in all that mind-numbing garbage:

      ...it also enables content companies to offer the consumer unprecedented choice in terms of how they consume content, and the corresponding price they wish to pay.

      'Unprecedented', because before now, you damn well didn't have the power or the right to make them choose, and charge them for it! You still don't have the right, or wouldn't if government wasn't handing it to you; you've just discovered that this DRM thing could give you the power, so you think you have the right.

      Thus, translation:

      ...it also affords companies the unprecedented ability to make consumers choose how they want to access 'content' [means 'stuff'], and thus attach varying artificial costs to these choices [when before, the companies couldn't control them, and still somehow did fine anyway with a one-price-fits-all model].
  12. Isn't that what they want? by ViX44 · · Score: 5, Funny

    Step 1: Complain about drop-in-the-ocean piracy for a decade.
    Step 2: Get DMCA on your side so you can make a criminal out of anyone at will.
    Step 3: Sell defective products. When people are compelled to pirate on a larger scale because the Disney DVD they rented for the kids keeps fading in and out visually and audiably, or skips and dies on a particular scene...
    Step 4: Point at all the new, higher piracy figures and dance around singing about how the piracy problem is getting worse and how you need more DRM power.
    Step 5: Wait for the sheep to get used to the new order.

    Fortunately, it's unlikely this will work. Look at DVD advertisements. I recently popped in Joe's Apartment (it was free and I like bad films) and there was not trailers, commercials, or even a stop at the menu screen. Straight to reel one. A short while back I was watching a new release (I forget the title) and it was telling me all about how the new HD-DVD (or Blueray, I wasn't paying much attention) is going to be worth buying new hardware at shocking prices because the disc will play the film immediately. ...apparently the ads and menu page were snuck into the DVD ISO standard when we were sleeping.

    Thus, the cycle is complete; the studios received just enough annoyed customer complaints about the previews, ads, and intro garbage that they started making them skipable, or at least fastforwardable, and now they're going to temporarily give us immediate play back. Aren't we loved?

    Frankly, I don't think it's really the ads that ticked people off -- we've been tolerating them since '46. It's the fact that no one who pushes a button on a remote control wants to see a red X or Ø appear. They want action.

    1. Re:Isn't that what they want? by Jeff+DeMaagd · · Score: 1

      Step 3: Sell defective products. When people are compelled to pirate on a larger scale because the Disney DVD they rented for the kids keeps fading in and out visually and audiably, or skips and dies on a particular scene...

      Skips and dies on a scene? Do you have a source for that? I've never seen that as a problem except for very abused DVDs, and that's the problem of with the business renting it, not the company that made the original disc. The renting company should provide a non-scratched DVD in replacement.

    2. Re:Isn't that what they want? by ViX44 · · Score: 3, Informative

      I've worked part-time in a video store, so I watch films, new disks and old, frequently. Trends I've noticed include:

        Fade-in/fade-out. Seems to be a decendant of the old Macrovision system. I've seen it happen a few times, notably when I popped The Fox and the Hound (not the most recent issue) in the store's DVD player. I've run other films, Disney and otherwise, that played properly. Amongst customers, I've received multiple independent complaints of the fading problem specifically on academy (4:3) aspect discs -- they try the widescreen and it plays normally, so this may be a move to extinct academy.
        Glitched chapters. I bought my father Dances with Wolves -- the complete cut with the pretty box -- but he said it wouldn't play correctly, getting stuck or glitching in particular scenes. I ran it on my computer and there it too glitched and faulted. Both my father's player and the DVD drive I used were Sony, so let the conspiracy theories abound. Physical damage can cause read errors of course, but DwW was bad out of the box. I've handled similar complaints at work. Even if a disk isn't brand new and has hairline scratches, that isn't enough to cause catastrophic playback errors, when I've seen perfect playback from disks that look like they were used for air hockey.

      As for worn discs, my store's policy is if a disc receives two complaints it's pulled, but for old fims that we rent off for free 80% of the time anyway, there is no replacement of the title. New films we'll give the customer a different disc of the same title, but if that fails as well, and often it does, there's not much we can do about it since the whole run doesn't work in particular players.

    3. Re:Isn't that what they want? by Creepy+Crawler · · Score: 1

      Im not sure if you work for a big business or a small one, but fair use would dictate that using DVD shrink on defective discs to gain access to the usable material would not be illegal. You are just attempting to fix a defect within a disc that you LEGALLY obtained.

      You are not breaking the DMCA as DVDShrink can retain the proper countrycode and macrovision. As long as you post the discs (say in a Disc archive holder or a case) and only make the # of copies that you legally bought, I do not see how that could be construed illegal in any case.

      --
    4. Re:Isn't that what they want? by Blakey+Rat · · Score: 1

      Step 1: Complain about drop-in-the-ocean piracy for a decade.

      Slow down here a second. While VHS copying might well have been "drop in the ocean" piracy, Napster was not by any stretch of the imagination. It had newspaper headlines all over, and it was so popular that many, if not most, college internet connections were running 95% Napster traffic for years.

    5. Re:Isn't that what they want? by AndrewNeo · · Score: 1

      I think the big "It is a federal offense to copy this disk" thing played before the movie is still in effect. On a slightly off-topic note, you can remove that with DVD Shrink..

    6. Re:Isn't that what they want? by cptgrudge · · Score: 4, Informative

      It's the fact that no one who pushes a button on a remote control wants to see a red X or Ø appear. They want action.

      So true. So very true. Whenever I see that, I feel this icky, semi-irrational anger at the device that dares defy me, when I know that it is an artificial block to keep me watching a preview or whatever. My anger is partly directed at the device, partly at the manufacturer, and partly at the movie studio that made the movie.

      It's frustrating because I can't actually do anything about it to effect a change. If I stop buying movies made by that particular studio, they'll have no idea why. They may figure that people dislike their movies, they may figure that piracy is hurting sales, or they may come up with with some other reason except the real one, because my reason is beyond what they think will cause consumers grief enough to stop buying.

      Instead, they market the "removal" of the irritant as a "feature" of a new format and continue to keep me from convenient device shifting. This is BULLSHIT. I'm done with it, so take note, movie industry players, hardware and content alike. I will never buy one of the new format discs. I'll rent and rip, from Blockbuster or Netflix or whatever. My home media server is the end of the line for them. A post-DVD format disc will never be bought, let alone a dedicated player for the TV. They lose. I'll build a petabyte RAID array to dump ripped movies before I pay them another dime.

      They give me an non-DRM alternative that I can download, and I'll return to being a paying customer.

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    7. Re:Isn't that what they want? by StrongAxe · · Score: 2, Funny

      You forgot the (totally appropriate in this case) cliche:

      Step 6: Profit!

    8. Re:Isn't that what they want? by Dirtside · · Score: 2, Interesting

      they'll have no idea why


      Get off your ass and write them a letter. A real, honest-to-Godzilla ink-on-paper letter (feel free to write it on the computer and print it out, but whatever). Corporations pay orders of mangnitude more attention to paper letters than they do to email, for example.

      Your one letter isn't likely to change anything by itself, and short of orchestrating a boycott and associated letter-writing campaign, it's the most you can do individually. But if enough people stop buying DVDs because of the stupid X, and tell the studios about it, they will change. It's not enough to hurt their bottom line; and you can't keep buying and bitch at them, because they'll ignore you. Vote with your wallet and tell them why.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    9. Re:Isn't that what they want? by cptgrudge · · Score: 1

      Get off your ass and write them a letter. A real, honest-to-Godzilla ink-on-paper letter

      A-ha! A challenge is cast! I accept, sir!

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
  13. Laws == Crime by sinistre · · Score: 5, Insightful

    The more laws you have - the more crime you'll see.

    1. Re:Laws == Crime by GiovanniZero · · Score: 2, Interesting

      If only we had no laws there could be no crime! Then wouldn't we be happy! Sure murders, assaults and rapes would go unpunished. But that's because there is nothing to punish because they're not crimes!

      --
      Mod me up, mod me down, do your worst you modding clown.
    2. Re:Laws == Crime by ScrewMaster · · Score: 2, Informative

      No, but when you start having vast quantities of unnecessary or harmful laws on the books, you will see more "crime", although it's crime that is crime in name only.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Laws == Crime by Dunbal · · Score: 2, Insightful

      Sure murders, assaults and rapes would go unpunished.

            I guarantee you that they would not go unpunished. The punishment in an anarchistic society could even be rather extreme. I'd kill you, and your entire family. Who would stop me?

      --
      Seven puppies were harmed during the making of this post.
    4. Re:Laws == Crime by harry666t · · Score: 1

      The only law I care to respect is:

      Do What The Fuck You Want As Long As You Do Not Hurt Anyone.

      And actually that's the only law we really need.

    5. Re:Laws == Crime by Anonymous+Brave+Guy · · Score: 1

      Sure murders, assaults and rapes would go unpunished. But that's because there is nothing to punish because they're not crimes!

      You're being too literal. There are crimes which most sane people would agree are unethical, such as those you listed. And then there are crimes that most sane people would not have a moral problem with, but which laws make illegal anyway. All the latter laws do is criminalise people that society has no moral problem with. Legal systems should be structured so that society can collectively force its government to remove such laws, though of course many aren't, as we see in cases like this.

      As for the crimes you mentioned, I'm not sure a society without any formal laws would have a problem with such obvious cases. After the first few rapists had their genitals cut/burned off by victims' families, bad people would get the idea. The problems would be in more subtle cases, where harm is done that would not be immediate obvious to an outside observer, or the kind of damage is only clear to someone who has spent considerable time reasoning through the situation and its implications. A lot of laws are written in light of problems that people didn't see coming, by observing that something bad is happening and then getting the legislature or other relevant authority to spend the time doing that reasoning, and then hopefully banning the root cause.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:Laws == Crime by Chandon+Seldon · · Score: 1

      Do What The Fuck You Want As Long As You Do Not Hurt Anyone.

      I agree that that's the basic sentiment that a legal system should be based on, but that law is really hard to interpret by itself.

      If I taunt you mercilessly, it will cause emotional harm - is that illegal by your law?
      If I buy a Toyota instead of a Ford, that causes Ford economic harm - that illegal by your law?
      If you punch me in the face, and I punch you in the gut - who's at fault? What if you need surgery to get a ruptured organ fixed?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    7. Re:Laws == Crime by Bert64 · · Score: 1

      And maybe, just maybe, if some of the more ridiculous laws were removed, that is the laws that benefit corporation and not the citizens the law is supposed to protect, then the police would have plenty more time on their hands to pursue those who commit murders assaults and rapes.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    8. Re:Laws == Crime by kerrbear · · Score: 1

      I guarantee you that they would not go unpunished. The punishment in an anarchistic society could even be rather extreme. I'd kill you, and your entire family. Who would stop me?

      Nobody would stop you, but the Shiite friend of the family would probably drill a hole in your head

    9. Re:Laws == Crime by harry666t · · Score: 1

      I'm a man of peace and my way of thinking is not to even TRY to intentionally harm anyone (unless in self defense). But mankind has little respect to rebels. People tend to "discover" stupid things like artificial mental cages, money, war... Have you ever seen animals going to a war? No, they're actually smarter than us.

    10. Re:Laws == Crime by WilliamSChips · · Score: 1

      But it's hurting me by me not being able to hurt you!

      --
      Please, for the good of Humanity, vote Obama.
    11. Re:Laws == Crime by bentcd · · Score: 1

      After the first few rapists had their genitals cut/burned off by victims' families, bad people would get the idea.
      Or, more likely, it would be the start of a long and eventful blood feud. An observation which sheds some light on how "an eye for an eye, a tooth for a tooth" was most likely originally meant as a means by which to reduce punishment for crimes and prevent ever-escalating cycles of violence.

      --
      sigs are hazardous to your health
  14. dvds by Pompatus · · Score: 4, Insightful

    It's true for me that the quality of downloaded movies is better than the dvd I can rent at blockbuster. I couldn't beleive all the CRAP that goes on DVDs now. It was an inconvenience before that I had to click play a couple of times through menus to watch the movie, but now there are COMMERCIALS!!! WTF!!! Scroll through a list of movies, double click on a file and have the movie start, vs keeping track of disks (I wont even mention scratched disks), navigating through menu systems, watching 10 minutes of commercials and previews I dont care about. Hmmm. Tough choice.

    --

    ----
    Squirrel ... It's not just for breakfast anymore
    1. Re:dvds by Anonymous Coward · · Score: 0

      I couldn't beleive all the CRAP that goes on DVDs now. It was an inconvenience before that I had to click play a couple of times through menus to watch the movie, but now there are COMMERCIALS!!! WTF!!!

      True. The last DVD I bought was 28 Days Later, which had unskippable adverts that you had to watch before playing the film. That was a few years ago, and I haven't bought a DVD since. I find the whole idea of them forcing me to watch adverts before I can play the DVD I bought offensive.

      Now I download instead. I don't get any unskippable adverts any more.

    2. Re:dvds by Hucko · · Score: 1

      On a similar note, you get to pay to to watch ads when you decide to go out for a enjoyable night at the movies; up to 1/2 an hour of your night is taken up watch local ads (they don't make the movie cheaper), previews and brainwashing.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    3. Re:dvds by ScrewMaster · · Score: 2, Interesting

      My local theaters have been doing that for years. At first they'd show a half hour of crap, so people just began to show up half an hour after showtime. Now they may do fifteen minutes, they may show up to fifty-five minutes (I sat through almost an hour of local car dealerships, florists and fast-food restaurants begging me for business.) Really torques me into a pretzel. Let me tell you, the back row of seats has gotten much more popular recently (if you've got to wait an hour you might as well enjoy yourself, I guess.)

      It's also reduced the amount of money I spend on tickets to about ten percent of what it used to be. I mean, if I know, in advance, that no matter how good the movie I'm going to be frustrated and annoyed by the time it starts I have to think twice about going. So now we find other ways to entertain ourselves on an evening out. I hear studio execs complaining about theater revenue every so often: my advice to them would be a. produce more films worth the admission price and b. skip the goddamn commercials. Nobody likes commercials, especially after we paid to view your product! That's just sleazy, any way you slice it. I register the same complaint about cable TV, which is why I don't have it.

      Yes, I know that the theater owners have their own sob story, about how the studios and distribution companies have squeezed all the profit out of theater operation so they have to subsidize their businesses with advertising. Now that may be, but conversely I am under no obligation to support what has become a disappointing experience.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:dvds by flithm · · Score: 1

      I meant to mod this insightful, but I accidentally clicked redundant. I think this is a good post, and I'm replying to it so that all my mod points for this story will be revoked.

      This is so true. I LOVE movies, and I HATE going to the theatre now! It's annoying. Not only do they annoy you with commercials and other nonsense, they don't maintain the projection or audio systems, which really are the key to me wanting to pay to see a movie outside the home.

      At a local theatre I used to go to, every time I went I would tell them afterward "there's something wrong with the projector, there's a really annoying bright dot on the screen" Since they never bothered to do anything about it, I've just stopped going.

      And now all this stuff about HD-DVD and BlueRay... there's no way I'm buying DVDs since I'll just have to replace them when the format war is over. Not only that but now days you can download movies in HD format off the net, which is really the only place you can get them right now. The quality is better when you pirate, you're not annoyed by commercials, you don't have to drive to a rental store, wait in line, and be annoyed by shitty customer service.

      Add on top of that the stupid childing antics of the MPAA and RIAA. Didn't they learn anything from MP3s and iTunes? You can't force people not to download media. We will do it. What you need to do is give us a convenient way to pay for downloads that doesn't include crippling DRM, and other annoyances. When that happens I'll be more than happy to pay for movies.

    5. Re:dvds by Anonymous Coward · · Score: 0

      you get to pay to to watch ads when you decide to go out for a enjoyable night at the movies

      And if a particular cinema shows too many adverts, you have the option of going to a different cinema. If all the cinemas do it, that's a market opportunity. Capitalism solves this.

      But in the case of DVDs, the government has awarded a monopoly to the copyright holder. There's no competition because the copyright holder gets to decide who may produce these DVDs. Capitalism fails to solve this because the government has sabotaged it.

    6. Re:dvds by dreamlax · · Score: 1

      In NZ and maybe Australia (not sure about other regions), at the beginning of more recently released DVDs there is an advert at the beginning saying "you wouldn't steal a handbag . . . you wouldn't steal a TV . . . you wouldn't steal a car . . . downloading movies is stealing . . . stealing is against the law . . . STOP PIRACY" and goes on to list two toll-free numbers.

      What a load of fucking bullshit. You can't replicate a handbag, a TV or a car. The analogy was made up by some fucking idiot that knows nothing about computers. You can't tell me that my replicating a DVD has immediately affected DVD sales. Want to stop piracy? Stop being so fucking greedy and lower the fucking prices. You can buy a fucking DVD player for not much more than a movie. And stop fucking forcing me to watch this same damn ad over and over. What about the old grannies that don't pirate movies, they have to watch the same fucking shit.

      For the very reason that they make that ad unskippable, and for how dumb it is, I have decided to pirate that particular movie and give copies to my friends. There I said it.

    7. Re:dvds by Anonymous+Brave+Guy · · Score: 1

      Capitalism fails to solve this because the government has sabotaged it.

      Capitalism solves the problem just fine. The government grants you legal rights to protect your content against being copied by others. They do not give you a legal right to profit. If you choose not to share your content in a format for which customers are willing to pay, you will go out of business, or will lose business to other organisations who are willing to share alternative content in a way that customers value enough to pay for it.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:dvds by r3m0t · · Score: 1
      "The analogy was made up by some fucking idiot that knows nothing about computers."

      The analogy was made up by some mastermind that wishes you knew nothing about computers. They are appealing to those who, after watching the advert, won't know anything about computers.

  15. Only if you like Apple. by Rachel+Lucid · · Score: 1

    Now, since I have a iPod to begin with, buying into Apple's system is fine by me. If I had a different player, then I wouldn't be.

    The fact of the matter is that a) Not all material is available via Apple, and b) even if it was, the entire notion of buying into Apple's system to screw the **AA is still robbing Peter to pay Paul.

    1. Re:Only if you like Apple. by miro+f · · Score: 1

      and if your iPod dies and you decide you want that nice new Samsung player?

      Oh no, you're stuck with buying an iPod, because you have a massive CD collection protected with FairPlay (yes I know you can remove the DRM by burning and ripping, but you lose quality)

      Which is of course, the real reason DRM is so prevalent, otherwise Steve Jobs would actually make a stand against DRM. Saying he doesn't like it isn't enough, he is in the unique position of actually being able to do something about it, but he doesn't. Because he likes the iPod/iTunes lock in too much.

      DRM is more valuable as a lock in tool than as a piracy deterrant. That's why MS decided to use a different protection scheme for their Zune.

      --
      being vague is almost as cool as doing that other thing...
    2. Re:Only if you like Apple. by Anonymous Coward · · Score: 0

      >and if your iPod dies and you decide you want that nice new Samsung player?

      If in some future world, DRM is removed from the iTunes music store, the music sold there would still be in AAC format. AAC is an open format, and anyone could adopt it for their players, but if Samsung didn't, you'd still be out of luck.

      >Oh no, you're stuck with buying an iPod, because you have a massive CD collection protected with FairPlay (yes I know you can remove the DRM by burning and ripping, but you lose quality)

      If you ripped your CD collection, it would not be protected with FairPlay. If you tape from a CD to a cassette, you lose quality. Funny how no one seemed to mind that back in the day. I suspect that the "losing quality" argument is an excuse put out there by the dishonest pirate types.

      >Which is of course, the real reason DRM is so prevalent, otherwise Steve Jobs would actually make a stand against DRM. Saying he doesn't like it isn't enough, he is in the unique position of actually being able to do something about it, but he doesn't. Because he likes the iPod/iTunes lock in too much.

      The only stand Apple could make is to simply stop selling music. How would that help anyone? I'm sorry, but I don't see any reason to appease whiners if it means I lose the ability to download legally.

      People love to complain about Apple, and I suppose it's too much to ask for someone to do their homework first, right?

    3. Re:Only if you like Apple. by miro+f · · Score: 1

      If in some future world, DRM is removed from the iTunes music store, the music sold there would still be in AAC format. AAC is an open format, and anyone could adopt it for their players, but if Samsung didn't, you'd still be out of luck.


      I don't get what point you are trying to make here. You seem to be agreeing with me that in this future world without DRM, you can buy your new Samsung player and still play your AAC music. I thought you were arguing against my points?

      If you ripped your CD collection, it would not be protected with FairPlay. If you tape from a CD to a cassette, you lose quality. Funny how no one seemed to mind that back in the day. I suspect that the "losing quality" argument is an excuse put out there by the dishonest pirate types.


      of course, because a CD burner could be had, but they cost 100's of dollars. The reason we had to lose quality was because of technical and price limitations. If we wanted to, we could copy the music, but the technology was expensive. Now the technology is there and cheap but we still artificially limit it by introducing DRM. Of course, you can get around this by simply buying the CD from a store or downloading it from a torrent.

      The only stand Apple could make is to simply stop selling music. How would that help anyone? I'm sorry, but I don't see any reason to appease whiners if it means I lose the ability to download legally.


      the only stand? How about letting independent artists who WANT to put DRM free music on iTunes actually put it there? There are plenty of artists who want to put DRM unencumbered music on iTunes but Apple simply doesn't let them. Why? Jobs says he doesn't like DRM, he should offer them the option. But that would remove his vendor lock-in.

      Let's not forget that iTunes is by far the largest online store, and iPods command an incredible market share. Apple does have some sway in the music industry.

      People love to complain about Apple, and I suppose it's too much to ask for someone to do their homework first, right?


      people love defending Apple too. Maybe THEY should do their homework. I'm no Apple hater, but Steve Jobs needs to put his money where his mouth is, if he's going to go saying that tracks should be released DRM free.
      --
      being vague is almost as cool as doing that other thing...
  16. Re:Commodification by ScrewMaster · · Score: 1, Offtopic

    Given enough females, I'm sure I could do better than 150 in the course of a year. I might need to take some vacation time when that year is up, however.

    --
    The higher the technology, the sharper that two-edged sword.
  17. Re:Commodification by Anonymous Coward · · Score: 0

    Yiddish; Hebrew; Jewish

  18. Must agree here. by SharpFang · · Score: 5, Interesting

    I got some coupons for free mp3 that came with chips I buy on regular basis. Big campaing, "free, legal MP3".
    So I decided to "cash them in". So I login to the site described on the coupon. "Sorry, but this site requires Internet Explorer 6 or higher".
    Then registration process, asking me for granny's dog's name and so on. Then confirmation email. Then it tells me to download their player. Then the files which are not MP3 but some of their own DRM'd format. And of course unplayable in anything but their crappy player. No way to use them in a portable mp3 player, no easy way of burning them to a CD (outside of ripping audio mixer channel) and of course no way of playing them on another computer, even with said player installed (need login). Ah, and no playback without network connection.

    Thanks, no "Legal MP3", even for free, please.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:Must agree here. by Creepy+Crawler · · Score: 1

      Well, mention what site please.

      ps.. I hate posts that refer to "some company" when they neither work for them or have any relations with them (expect possible being a customer).

      We want to know names!!!

      --
    2. Re:Must agree here. by ortholattice · · Score: 1

      If they induced you into buying the chips under the pretense of offering a free MP3, and they didn't, that is false advertising. Depending on your state laws, you should be able to demand your money back (not that it would be worth the effort other than making a point to them), and you can also file a complaint with your state consumer fraud division, letting the chip company know that you are doing that. If enough people do that, they may be pressured into to at least not falsely calling their offer an "MP3", and possibly even fined for false advertising.

    3. Re:Must agree here. by Anonymous Coward · · Score: 0

      The URL is muzyka.onet.pl/7fb
      They made some changes since then - they don't advertise as "MP3" service anymore, they support WMP, not just their proprietary player, but still lots remained unchanged.

    4. Re:Must agree here. by Creepy+Crawler · · Score: 1

      Hmm. Interesting.

      I would have thought it was an USA service. Many of them would lead to such despicable behavior, however, I guess it isnt.

      Thanks for the response.

      --
  19. Re:Commodification by Quantam · · Score: 1

    Not too much more. You only have so much sperm :P

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  20. Re:Isn't that what they want? Not Quite! by Nom+du+Keyboard · · Score: 4, Insightful
    Frankly, I don't think it's really the ads that ticked people off -

    Not so fast here. The ads may not have ticked you off the first time you played the disc. But what about the second time? After all, nobody buys a DVD to only play once.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  21. Mostly rubbish by jfengel · · Score: 1

    Downloading happens because people like free stuff. Trying to analyze the marginal reasons for a few percent of them misses the earth-spanning forest for a few twigs.

    1) The products they want... are hard to find, and thus valuable.

    Most "rare" materials aren't available in DRM form. What causes the copyright infringement isn't the DRM but the fact that you can't get it at all. If they're available with DRM, then the supply is large: just go pay for it and download it.

    2) The products they want are high-priced, so there's a fair amount of money to be saved by stealing them.

    What is DRMed and also "high-priced"? Songs are a buck on iTunes. Movies are twenty bucks on DVD. It may be more than you want to pay but it's not a vast amount of money.

    I can think of a few examples, like the language CDs I like (Pimsleur). They're expensive. But that's the minority of downloads. Again, DRM doesn't cause the infringement; it's the fact that these are expensive to produce and they're of great value, driving up the price. They'd be downloaded even without DRM.

    3) The legal products come with so many added-on nuisances that the illegal version is better to begin with.

    Here he's got an argument, albeit a small one. iTMS is extremely convenient on 95%+ of the systems in the world, but not for Linux. And you can't buy its songs and use it on your non-iPod MP3 player.

    But again, iPod owns the market, and so do Windows and Mac users. For the vast majority of illegal downloaders, you can't chalk it up either Linux or their MP3 player. Nor to the very few people who want to do something complicated, like edit the music.

    Yeah, it happens. But mostly it's the fact that people like to get stuff for free, DRM or no DRM.

    1. Re:Mostly rubbish by Robotech_Master · · Score: 3, Informative

      Most "rare" materials aren't available in DRM form. What causes the copyright infringement isn't the DRM but the fact that you can't get it at all. If they're available with DRM, then the supply is large: just go pay for it and download it.
      That's part of Flint's point. If there's no ebook version of it at all, a for-sale DRM-free ebook version of it is so "rare" as to be unavailable. But if it's available with DRM, then a for-sale DRM-free ebook version of it--which is, again, what people want--is also so rare as to be unavailable.

      If I'm looking for an apple, and you offer me a cart full of oranges and say, "See, there's plenty of fruit," it's still not going to satisfy my desire for an apple.

      What is DRMed and also "high-priced"? Songs are a buck on iTunes. Movies are twenty bucks on DVD. It may be more than you want to pay but it's not a vast amount of money.
      Songs are the exception, and that's mainly because Steve Jobs bullied the music companies into going with the 99 cent price point. You can bet they'd raise the prices if they could. And even Steve Jobs doesn't like DRM any longer; neither does Bill Gates.

      But look at some of the books on eReader. For instance, A March into Darkness by Robert Newcomb. $17.95 for the DRM'd ebook at eReader, $17.79 for the unprotected hardcover at Amazon. Granted, this probably isn't the best example because the list price for the hardcover is actually $26, and you can knock 10% off the eReader price by using their newsletter discount code, but it only took me two minutes of searching to find it. If I wanted to look longer, I could probably find a lot more egregious examples. And anyway, with Baen able to sell their ebooks profitably for $5 or less each without killing print book sales, even of their hardcovers, there's no earthly reason an ebook should cost $10, let alone $18, apart from the dual evils of pricey DRM (do you know how much eReader charges for their ebook services? People I know who've checked on it say it's quite a lot) and publishers not wanting ebooks to "cannibalize" print sales.
      --
      Editor Emeritus and Senior Writer, TeleRead.org
    2. Re:Mostly rubbish by Breakfast+Pants · · Score: 1

      "And even Steve Jobs doesn't like DRM any longer"

      His claim is that he never did, and that they only used it because the record companies insisted. Funny, did the record companies insist that OSX require a serial number, or that it fail when it detects that it isn't being installed on Apple hardware?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    3. Re:Mostly rubbish by Anonymous Coward · · Score: 0

      iPod overall market share last year was 62.2 percent. Is that what you call "owns the market" ? It's even worse if you count mp3 phones, as they outsells iPods 7 to 1. With mp3 phones, the market share of iPods is 12.9 percent. In 2003, the iPod had over 90% of the market. Now, although it's still an important player, it's just one among others.

    4. Re:Mostly rubbish by bcrowell · · Score: 1

      What is DRMed and also "high-priced"?
      Books in electronic form. That's what the article is about.

    5. Re:Mostly rubbish by AC5398 · · Score: 1

      I was slowly starting to get into the itunes world on my xp computer, when the software took to crashing without cause. I keep getting these 'click send to report the problem' popups and nothing else every time I double click on the itunes icon. Tried the apple-recommended workaround without success and then had to undo the workaround as it was screwing other applications up. Tried to repair the program. Tried reinstalling the program. No success.

      Only thing I haven't tried is reformatting and reinstalling the operating system and there's no way in heck I'm doing that just so I can pay $1 for "Jesus Walks".

    6. Re:Mostly rubbish by aedan · · Score: 1

      OS X doesn't require a serial number. Never has.

    7. Re:Mostly rubbish by jfengel · · Score: 1

      Out of curiosity, have you tried sharing that song with some other computer? Windows installations rot over time.

    8. Re:Mostly rubbish by Breakfast+Pants · · Score: 1

      You're right, my mistake. What the other thing I mentioned? Intel OS X keeps itself from installing even if you have the type of bios that it requires, right?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    9. Re:Mostly rubbish by aedan · · Score: 1

      Wrong again, it's EFI.

      That's what they sell. The reasons for doing it that way are well understood. If you want one buy it. If you don't then stuff your sorrys in a sack.

    10. Re:Mostly rubbish by AC5398 · · Score: 1

      Nope, and it hasn't been that long since I did a reformat and reinstallation.

  22. Re:Commodification by Tx · · Score: 1

    The MAFIAA, come to think of it, reminds me of a gaggle of wives obfuscating their pudenda; it decommoditizes tits and vag, in the end, to obfuscate them with clothes.

    And then along comes Britney Spears to commoditize again. Although in her case I say decommoditization is the way forward.
    --
    Oh no... it's the future.
  23. Agreed by Frozen+Void · · Score: 1

    As counter-intuitive this sounds,DRM is actually achieving these goals in the end.
    Cheaper alternatives always fare better in the long-term,when they have same or better quality.
    Defeating DRM is valuable to every consumer.The companies designing the DRM think they can
    protect something,that can be replicated for almost free(the Real cost of a copy,e.g. is the electricity spent copying to harddisk).

  24. Re:Commodification by Serious+Callers+Only · · Score: 2, Insightful

    The MAFIAA, come to think of it, reminds me of a gaggle of wives obfuscating their pudenda;Isn't it commodification, after all, that the industry-Yids fear?


    Only on Slashdot would this kind of tripe be regarded as 'Insightful'.

    To the original poster - please explain to us how you 'decommoditize' sexual organs (are yours commodities too, assuming you have some?), and who the industry-Yids are, and what you mean by Yid? ?

    To those who modded it insightful, I have to wonder what possible nugget of truth you feel could be hidden in this anti-semitic rant which seems to regard all females (and particularly wives?) as commodities??
  25. Baen Books has always gotten this: by seebs · · Score: 2, Insightful
    http://www-128.ibm.com/developerworks/web/library/ us-cranky19.html

    Jim Baen kindly responded to my email asking him why they'd selected open standards and formats: "Because not only are our readers, in the main, not thieves, but because there is nothing there that is stealable." His point is an interesting one: there's not much point in stealing paperback books -- they are pretty cheap -- and you couldn't print out the text for less than it would cost to buy the book. The only people who could possibly be "stealing" are the ones who, for whatever reason, end up not wanting the books and they wouldn't have bought the books anyway.


    Jim Baen died last summer, but Baen Books still gives away a huge number of books in completely unencrypted, un-DRM'd formats. I think I have bought well over $100 of their buyable e-books, because I can read them on anything I want, any time I want.
    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  26. Re:Commodification by Henry+V+.009 · · Score: 1

    Hmm. I'm pretty sure that I could produce at least 2000 kids without really trying. Given enough attractive women (assuming 100% inception rate) and still having a day job. Without a day job, if I made it my only effort in life, I could possibly hit 3 times that.

    And in case you're wondering, only some of my girlfriends complain about it.

  27. That's how it works for me by Anonymous Coward · · Score: 0

    I use an iPod and iTunes. But I've only bought three tracks through iTunes. I frequntly hover my mouse over the "buy it now" button, but I can't stand the idea of feeling financially locked into iPods. If there's a better player for me in 10 years, I don't want to abandon my purchased music when I switch. So I don't really buy from iTunes.

    I still buy CD's, and legally trade CD's through LaLa. But a lot of songs I like, I just like the song, and I'm not paying $8-12 for a CD to get one song. No way.

    So sometimes I check a CD out of the Library and rip a track off of it (usually in Apple Lossless codec) or, if the Library doesn't have the CD, sometimes I still grab a track off peer to peer.

    I'd feel a lot worse about it if the music industry weren't so set on making music inconvenient, or if the band were getting more than a couple of cents of the purchase price anyway.

    Sure, lecture me about moral absolutes, and that a few cents is still "stealing," or whatever. Its the same quandary that's stopping a lot of people from buying more music: people don't want to buy a whole album for one track, and they also don't want to buy music that's restricted to playing on some subset of available music players. Despite a plethora of new technologies facilitating the production, distribution, and playing of music, the RIAA companies seem dead set against allowing any real convenience, while pretending that DRM is providing them any real protection. They use DRM now- what tracks aren't available on p2p networks?

  28. So let me get this straight... by the_skywise · · Score: 1, Interesting

    Stealing of Wii's can only occur under 3 conditions...

    1> They are hard to find and thus valuable.
    2> They are high priced, so there's a fair amount of money to be saved by stealing them.
    3> It's much easier to steal them than it is to wait and purchase a new one.

    Guess what, LOCKS ON DOORS create these conditions in the first place! Oh, if only we lived in a socialist utopia where everybody could just print what they want and then there would be no crime.

    Facetious?

    You bet. But he's rationalizing theft of property because it's...ultimately... too inconvenient. If Sony wants to throw away their lead by making their products uber-expensive, THAT'S THEIR RIGHT.

    If Metallica wants to throw away their popularity by over DRM'ing their music and supporting draconian copy rights, THAT'S THEIR RIGHT.

    What's next, it's not right for the grocery stores to demand money for food? So it's okay to steal from them? Because that's what this guy is saying; That it's ok to steal if you feel that you're being shortchanged.

    1. Re:So let me get this straight... by spitzak · · Score: 1

      How do locks on doors cause it to be easier to steal rather than buy (the #3 condition you said is caused by them)?

      DRM literally means it is easier to steal than to buy. You steal, you get a copy that you know will play and can be put on any machine. If you buy, you are stuck with the DRM and have to remove it, a significant amount of work that was already done by the guy that uploaded the free "stealable" copy. The stolen copy is actually much more valuable as it includes this work.

      Bzzt. You are wrong.

    2. Re:So let me get this straight... by tomstdenis · · Score: 1

      Your argument falls apart because #3 doesn't hold true.

      Stealing a Wii is much harder than to copyright violate an artist by acquiring an mp3. One involves depriving someone of property, while they're not paying attention, the other involves a click of a mouse.

      I could see if stealing a Wii could be done over Kazaa or Napster [or whatever kids run nowadays]. But it isn't.

      Plus nobody is saying that copyright violations are justified. The author was saying that the reason copyright violations rise in the face of DRM is that acquiring non-licensed materials is so easy, and often results in HIGHER VALUE assets. In short, there is little to no incentive to buy DRM laden media.

      That's miles away from saying there is no incentive to buy media. People would rather have control over their assets than the random smorgasborg that is P2P. I want to know that if I buy mp3s that they are from the source, not a rip of a rip of a rip, with a high quality encoder, using a known [preferably high] bitrate. And I'll pay to get that.

      What I won't pay for are windows-only restricted media files that don't allow me to transfer them to other playing devices, or re-encode them to fit on smaller memory devices as the occasion requires.

      Now, if you, the producer, only make restricted DRM media available and I really want your tracks, I'll probably just copy them instead of buying them. Is it "right?" No. But that's the reality of the situation. Now had they just tried to sell me high quality un-drm'ed MP3s they would have made a sale.

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      I think the guy is just listing *why* piracy happens and how DRM only encourages it. He isn't trying to say communist ideals or whatever propaganda you apparently believed it to be. It's moreso him saying what's going on rather than saying "well it costs money so I'm gonna steal it!".

      Maybe he didn't get it all right, but he made a pretty damn good attempt and didn't go off ranting like a little fanboy.

    4. Re:So let me get this straight... by KoldKompress · · Score: 2, Informative

      How Many times...
      Downloading pirated items is not Stealing! It's breaching a copyright. It is not depriving any party of their property. On top of that, your analogy is slightly off. DRM is not a lock on a door, it's a lock on your OWN door to make sure you don't go out and do bad stuff.

    5. Re:So let me get this straight... by LordLucless · · Score: 1

      Flint isn't encouraging piracy as the moral choice - he's telling companies that DRM hurts sales more than it helps. His not saying everyone deserves their product for free, he's saying using DRM is going to negatively impact their bottom line.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    6. Re:So let me get this straight... by AEther141 · · Score: 1
      You've read the first few chapters of an economics textbook - I'd recommend finishing it. Data is not inherently scarce as you can make unlimited copies at negligible cost and therefore it cannot be treated like natural property. If I steal your tin of peas, you don't have a tin of peas, but if I pirate your song we both have a copy. That's why copyright infringement and theft are completely different offences and why open-source software works and communism doesn't. Data is a limitless resource unlike pretty much anything else in our economy. DRM is a tool to make data artificially scarce in an attempt to inflate it's value. The record companies don't recognise that much of the value of a CD to the modern consumer is the ability to copy it to computers and MP3 players, so by using DRM they inadvertently make a CD or a paid-for download less valuable to their consumers.

      Before the advent of home taping, recorded music was an inherently scarce resource - recording studios and pressing plants were expensive and making a good recording was very difficult, so the only people capable of making good copies were the record labels. As recording technology developed, people became able to make copies more easily, but because analog copies degrade with each generation they were still unavoidably of worse quality than copies made from the master, which was locked away in a recording companies vault. With digital copying, all the scarcity went out of recorded music - it was as if someone discovered a way to turn water into gasoline. If someone were to make gas out of water, all of us understand that the value (and so the price paid) would plummet to practically nothing.

      The record companies had a pretty good idea that this was going to happen eventually, so they've spent the last 40 years trying to bullshit us into believing that their data is property and that music depends upon their business model - anyone remember "home taping is killing music"? It's only because of that propaganda that we struggle to see the economic reality of recorded music. The truth is that a song has no intrinsic value - for the thousands of years before recording we used to copy them using our minds and our voices. The record industry is fucked because they don't have anything to sell anymore. We don't need them - bands can make records in their bedroom that sound just as good as those recorded in expensive studios and distribute at negligible cost. They'll find a way to make a living, be it selling concert tickets, merchandise, autographs or some other naturally scarce product. Maybe we'll return to patronage, the quaint system used to support artists for the best part of the history of mankind.

      The record industry should be behaving like any other industry in decline by making its product better and cheaper and responding to consumer need, but they're not, largely because they've been granted a government monopoly in the name of copyright. We can see it in their sales figures, we can see it in their scared little eyes - they're fucked, and no amount of threats, bullying and lawsuits will turn their product into something we want to buy.

    7. Re:So let me get this straight... by Blakey+Rat · · Score: 1

      Just to be fair to Metallica, they didn't want to create draconian copy rights, they just wanted to be asked permission before their music was used for something. I think that's a fair request. Whether they would grant permission or not without draconian copy rights, who knows, but the point is that nobody asked them.

    8. Re:So let me get this straight... by MustardMan · · Score: 1

      Yet again, it has to be pointed out...

      Copyright infringement != theft of property.

      No matter how many times the corporate shills repeat the phrase, intellectual "property" is not property, and it cannot be "stolen". There is no such thing as internet piracy, it's a term invented to make copyright infringement sound more naughty. Stop already, with the stupid fucking analogies which compare real life objects to intangible bits of information.

    9. Re:So let me get this straight... by seebs · · Score: 1

      Bad analogy. If you steal my physical video game console, I no longer have it. If you download a copy of my book, I still have my book.

      Anyway, I don't think you understand his central points:
      1. Even if it is, in fact, their right to release heavily encrypted copies of whatever data, it is stupid of them to do so, and only hurts them.
      2. There is no obvious reason for society to give them any legal backing. Laws like the DMCA serve no useful social function, and indeed, are harmful to society as a whole.

      In short, it's fine by me if people want to release special encrypted files. What's not fine is if they tell me that I'm not allowed to decrypt files.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    10. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      If someone were to make gas out of water, all of us understand that the value (and so the price paid) would plummet to practically nothing.
      You might want to rethink your example. With gasoline at about $2.20/gal and bottled watter at $1/L ($3.79/gal) at most gas station convenience stores, you'd be wasting valuable water! :) (ducking) (it was a joke!)
    11. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      People will, no doubt, try to poke holes in your argument by saying two things:

      (1) Somehow, easily-copyable stuff isn't really "property," or
      (2) Copyright violation isn't really the same as "theft."

      People who make those arguments are dishonest people who are making excuses. Breaching copyright may not be the same as stealing a physical object, but it's still dishonest. Just because something is easy to copy, doesn't mean that the creator doesn't deserve payment for their work.

      Dishonest people will steal, breach copyright, make excuses, and take pennies without even giving a penny. Never be afraid to argue that dishonesty is still dishonesty, no matter what kind of world with live in.

    12. Re:So let me get this straight... by Robotech_Master · · Score: 1

      Breaching copyright may not be the same as stealing a physical object, but it's still dishonest.
      Flint talks about that in the fifth editorial in his column.
      --
      Editor Emeritus and Senior Writer, TeleRead.org
    13. Re:So let me get this straight... by Anonymous Coward · · Score: 0

      As always, copyright infringement is not theft. Which is why you analogy fails.

      The appropriate analogy consists of downloading the template for the Wii/lettuce/other material good, load it up into your Star Trek replicator, and replicating it, rather than going to the store and buying it. No one's physical product is being removed from their possession, only the opportunity to sell you a copy they replicated themselves.

      Of course, in our world, there is no technology to replicate physical objects cheaply and efficiently, including the 3D printer technology referenced in the previous article.

  29. In precis by Stephen+Tennant · · Score: 1

    An excellent examination of the conditions leading to that phenomenon in modern electronic commerce, known colloquially as "fuck that."

    --
    I spend most of my time in bed, darling.
  30. Sigh.. by Anonymous Coward · · Score: 0

    No shit, Sherlock! Tell me more; how did you end up to this conclusion?! I so admire your genius!

  31. Re:Commodification by Broken+scope · · Score: 0, Offtopic

    Of course he gets modded down. I mean isn't calling someone a Jew a great insult in suburban America? its not anti semitic, its just denoting how they handle money, or how they strive to gain money.

    Yes, I was being sarcastic, before someone reads that wrong.

    --
    You mad
  32. DRM Causes Piracy? I agree.... by zakezuke · · Score: 1

    My local library lends DRM infested AV materials, which in it self is reasonable. However, I have a friend who rents material to use on his palm which from what I'm told doesn't support these files. The only viable solution, other than investing in another pocket device, is to copy the media, strip the DRM so he can actually use it. Whats funny is he's actually an honest joe who does delete the material after it's been used, so he's not actually pirating it, only violating the DMCA.

    Someone else would likely be tempted to keep these non-DRM copies, which they have to make to play them.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  33. Re:Commodification by maxume · · Score: 1

    "assuming 100% inception rate"

    Assuming magic, I can do anything!

    6 a day would be a feat(maybe not for the first several days, but how about on day 40? You can't use it if it falls off). 18 a day would be superhuman.

    --
    Nerd rage is the funniest rage.
  34. Re:Commodification by Anonymous Coward · · Score: 0

    >>And in case you're wondering, only some of my girlfriends complain about it.

    King Henry VIII is that you?

  35. However by Mateo_LeFou · · Score: 5, Insightful

    I have bad news for the author: information still wants to be free

    "There are some people out there, possessed by the firm delusion that "information wants to be free"--as if bits of data had legs and went walking about on their own..."

    This is a strawman, and dumb. The contention that "information wants to be free" is a catchy way of saying "the properties of digital goods are such that their natural marginal cost is zero or practically indistinguishable from zero."

    Bad news for most people who would like to marginalize/otherwise dismiss the free culture argument: the economic basis for the contention that "information wants to be free" is rock solid. Scientific. To escape it you have to resort to name-calling etc., as here.

    --
    My turnips listen for the soft cry of your love
    1. Re:However by Kadin2048 · · Score: 4, Insightful

      Bad news for most people who would like to marginalize/otherwise dismiss the free culture argument: the economic basis for the contention that "information wants to be free" is rock solid. Scientific. To escape it you have to resort to name-calling etc., as here.

      Moreover, there is an information-theory perspective as well, involving the inherent nonconservative nature of information in its most basic forms. Digitization brings "information" closer to that basic form, by detaching it more thoroughly from physical media (books, tapes, etc.) and allows its basic attributes to come forward.

      There's nothing you can do to put that genie back in the bottle.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:However by Have+Blue · · Score: 5, Interesting

      There's one important fact that the free culture argument tends to neglect. Sure, a copy of a movie costs effectively zero. But the original has a cost that's decidedly nonzero. Information doesn't grow on trees, it takes energy to set it in a meaningful pattern that enables all those free copies.

    3. Re:However by DRJlaw · · Score: 2, Insightful

      The contention that "information wants to be free" is a catchy way of saying "the properties of digital goods are such that their natural marginal cost is zero or practically indistinguishable from zero."

      The contention that information wants to be free is a catchy way of ignoring that "the properties of digital goods are such that their natural startup cost is non-zero for any information which is concise, categorized, and subject to quality assurance/quality control."

      You can argue about marginal costs of reproduction until the end of time, but the information that people want to acquire is scarce, costly (in the sense that finite human labor is a necessary element of its creation and rendering into a useful form), and most importantly, at least in modern economies, rivalrous. Vast stores of old information are discarded in favor of "superior" new information, at least in part because consumption of information still entails an opportunity cost to the consumer.

      To those who selectively quote the marginal cost pricing aspect of economics that they learned in their survey course, I suggest that you review the vast body of literature discussing the so-called "hot news doctrine" in law and economics. You could start here.

    4. Re:However by garcia · · Score: 1

      I have bad news for the author: information still wants to be free

      Oh for fucks sake, stop with that already. A good majority of people don't want to pay for ANYTHING they don't have to -- it has nothing to do w/the information.

      Support free music and you don't have to worry about DRM or paying off the RIAA.

    5. Re:However by Robotech_Master · · Score: 1

      The contention that "information wants to be free" is a catchy way of saying "the properties of digital goods are such that their natural marginal cost is zero or practically indistinguishable from zero."
      Yep. But Flint isn't talking about the people who use that quote correctly. He's talking about the people who use it as an unthinking justification for piracy--you know, the ones who tack onto the saying, "Therefore, we shouldn't pay the content creators for the information, because the information wants to be free." And you can't deny that the people who do that are a lot more visible than the people who use it correctly, therefore the saying has gotten tarred with that brush.

      Personally, I think that information wants to be anthropomorphized.
      --
      Editor Emeritus and Senior Writer, TeleRead.org
    6. Re:However by bit01 · · Score: 4, Insightful

      it takes energy to set it in a meaningful pattern that enables all those free copies.

      And that energy, when amortized over 6,578,462,507 people approaches zero, a fact that copyright fanatics like to ignore.

      With copyright law as it currently stands the cost of pretty much any mass market information is orders of magnitude higher than the cost of production. In other words, highly inefficient production with massive losses in marketing, controlling distribution and policing.

      I don't know what the complete answer is but I do know that the people who claim that copyright law as it is currently implemented is the only possible way information creators can benefit are fanatics, very likely entrenched interests and middlemen who know full well that they add no value. Parasites in other words.

      Intellectual property law is a pure product of the mind and can be anything that we want it to be. Even something as simple as discussing what the correct copyright period should be, right down to zero, should be discussed and scientifically justified rather than the hand waving like "nobody will create without copyright" (that's nonsense) or "copyright is the only option" (that's also nonsense).

      ---

      Like software, intellectual property law is a product of the mind, and can be anything we want it to be. Let's get it right.

    7. Re:However by Yartrebo · · Score: 4, Interesting

      And why is copyright automatically trotted out as the best way of getting it paid for?

      Copyright is extremely inefficient. It deters other innovation (generally by smaller and more creative people and firms) by making borrowing material very hard. Copyright sends many times (about 10x) more money to middlemen (CEOs, advertising, lawyers, trade groups, profits, retailers, etc) than to production. Copyright also leads to monopolies and censorship - both commercial and government. Copyright also leads to more advertising by restricting alternative distribution (compare TV via P2P and over the air), and advertising is a terrible way to raise money for anything.

      Just about any other system, including having a free-for-all, is going to work better than the current system.

    8. Re:However by Robotech_Master · · Score: 1

      Flint addresses this in his second Salvos column.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    9. Re:However by Antique+Geekmeister · · Score: 1

      We don't ignore that cost. Seriously. But we find it much faster, safer, and more effective to actually hire the artist than to go through the Screen Actor's Guild, the Producer's Guild, the Guild-Joining Guild, etc. to simply hire the artist and have work made.

      I highly recommend you see the old Mike Jittlov movie, "The Wizard of Speed & Time", for a sense of how the production standards for movies and in turn video, and audio actually hinder creativity. What actually happened to Jittlov in the course of making and selling his movie is even worse than what happened in the plot of the movie, and remains a matter of movie-making legend. It's described at Wikipedia, for your historical review. It's an excellent parallel to the software industry.

    10. Re:However by Anonymous+Brave+Guy · · Score: 2, Insightful

      I don't know what the complete answer is but I do know that the people who claim that copyright law as it is currently implemented is the only possible way information creators can benefit are fanatics, very likely entrenched interests and middlemen who know full well that they add no value. Parasites in other words.

      Your arbitrary generalisation is unwarranted.

      I'm sure there may be alternatives to copyright that have better results, but the favoured alternative of many -- piracy -- is not one of them.

      Moreover, there are different justifications for copyright. I discussed this with several friends and colleagues prior to submitting my comments to our government's review on the subject a few months ago. The comments in favour ranged everywhere from purely economic arguments (copyright as incentive to produce and distribute new works) to ethical/academic mindset ones (copyright as fair recognition of authorship, or the question of whether someone should ever be able to profit off the back of someone else's work without compensating them). Many of the people expressing these views were just average people, who might have had incidental benefits from copyright in some cases, but certainly not people who made money off the work of others by taking advantage of the system.

      Intellectual property law is a pure product of the mind and can be anything that we want it to be.

      All laws are the product of the mind. The natural order of things is that if I'm bigger and stronger than you, better armed than you, or in a larger gang than you, I get my way. Fortunately today's societies typically recognise that the "might is right" argument is not the most beneficial way for people to work together, and thus legal systems are born where hopefully the largest "gang" is society as a whole, and the weight of the legal system overcomes any individuals who like to throw their weight around.

      To give a specific example, the law of property ownership is a product of the mind. The natural state of things is that if I see something and it isn't tied down or guarded, it is mine if I want to take it. I always find it odd that people trot out the same tired arguments about how "intellectual property" and "real property" aren't at all the same thing, when in fact they are more similar than different. Both are artificial concepts created by the law. The consequences of taking someone else's property are different in the two cases of course, but they are not zero in either case.

      Even something as simple as discussing what the correct copyright period should be, right down to zero, should be discussed and scientifically justified rather than the hand waving like "nobody will create without copyright" (that's nonsense) or "copyright is the only option" (that's also nonsense).

      And tell me, how are you "scientifically" going to justify a "correct" copyright period? Different people have different views on the ethicality of copyright protection and on the economic benefits, and there is no one universal justification for having the concept in the first place. How therefore you can you have a single test for what is "correct"? (Please don't bother with any reply involving the US Constitution. Copyright is an international concept with far wider implications than US-specific laws.)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:However by Yartrebo · · Score: 1

      Coming from a writer I'm not surprised. It's like expecting an auto worker to say that cars are ruining our climate or a casino operator to say that his business is ruining families. A few might, but the vast majority won't.

      Given a very clear and compelling argument I'll listen to them, but in this case it's just hot air.

    12. Re:However by StrongAxe · · Score: 5, Insightful

      And that energy, when amortized over 6,578,462,507 [census.gov] people approaches zero, a fact that copyright fanatics like to ignore.

      So, next time you want to make a $6 million dollar movie, you can distribute it for free as long as you can get everyone on the planet to mail you 1/10 of a cent up front to help you produce it. Good luck with that.

    13. Re:However by Anonymous Coward · · Score: 1, Insightful

      The contention that information wants to be free is a catchy way of ignoring that "the properties of digital goods are such that their natural startup cost is non-zero for any information which is concise, categorized, and subject to quality assurance/quality control."
      So instead of trying to recoup those costs indirectly by charging money for a service that anyone and his brother can do for practically nothing and thus is infinitely competitive, the people who are creating the information in the first place need to figure out how to directly charge for the act of creation, cataloging and quality assurance. A good businessman seeks out markets that are undeserved rather than trying to compete in a market that has effectively infinite supply.

      You can argue about marginal costs of reproduction until the end of time, but the information that people want [is]... at least in modern economies, rivalrous.
      Baloney. How you ever got modded up with a self-rationalizing argument like that is beyond me - the only reason it is rivalrous is BECAUSE of copyright law which has the sole goal of imposing artificial scarcity on a non-scarce, non-rivalrous good.

      To those who selectively quote the marginal cost pricing aspect of economics that they learned in their survey course, I suggest that you review the vast body of literature discussing the so-called "hot news doctrine" in law and economics.
      You might do well to review it yourself - it pertains to facts (i.e. no literary or artistic merit) which also have zero 'startup cost' as they are simply the by-product of events that occur. In the cited cases - the judges both produced rulings that are entirely inline with the 'information wants to be free' doctrine NBA scores are not copyrightable and the text of AP news stories is copyrightable but not the facts that they contain.

      The entire concept of "hot news" as you would portray it is a slippery slope to universal employment for lawyers. It serves no value in encouraging the progress of the useful arts and sciences but it does have a strong potential to add friction to that very progress by getting in the way to enrich the people who are merely in the right place at the right time but don't add value. Copyright is broken enough already.
    14. Re:However by Bert64 · · Score: 1

      A much better approach would be to give away music and such for free, or at cost (which wouldn't be too hard) and use it to advertise the groups who made it..
      If they want to make money, they can do live shows (you know, actually work for their money... what a thought) or produce physical merchandise etc.

      Here's another thought... Without obscene profits to be made from producing music once, and selling it millions of times, the only people who would stop producing it are the money grabbers who have no real love for music... Would it be such a loss to lose the people who are only in it for the money, and keep the people who are passionate about music (since they would produce music for free if they had to).

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    15. Re:However by mrchaotica · · Score: 1

      There's one important fact that the free culture argument tends to neglect. Sure, a copy of a movie costs effectively zero. But the original has a cost that's decidedly nonzero.

      Then, economically speaking, it's possible that the only "solution" is to stop making movies. You might not like it, but your feelings do not change reality.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:However by Bert64 · · Score: 4, Interesting

      I would differentiate between intellectual property and property, because when someone takes your property you are deprived of it.
      In the natural order of things, someone would need to physically take your property and deprive you of it, yet you can share intellectual property with as many people as you wish and still retain it yourself. Education is fundamental to society, and keeping information (which is all intellectual property really is) secret is detrimental to society as a whole... Imagine if the caveman who discovered fire hadn't told anyone else how to do it?
      Societies and the human race have prospered and advanced due to sharing information, but that continued advancement is slowed by the greedy few who want to keep information secret for their own benefit at the cost of society as a whole.

      As for scientifically justifying a copyright period, i would imagine by studying the relative pros and cons of each length of time, although it's very subjective depending on what information is being copyrighted.

      About profiting off the back of someone else's work... What do you call fair compensation? Many large companies generate huge profits from people's works, while giving those people a miniscule cut. Also, do you think someone should be able to continue making ridiculous profits indefinately? Surely there's a point where it's no longer fair compensation, and now they;re just ripping people off.

      Whatever system is used, it should be more consumer-friendly than the current copyright laws... The current laws allow copyright holders to charge anything they want, continue doing so for ridiculously long periods of time, and both restrict supply and discriminate as to who is allowed to buy copies and what they pay. (and yes, i consider media which costs far more in europe and comes out several months after the us to be racial discrimination)

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    17. Re:However by mrchaotica · · Score: 2, Insightful

      To give a specific example, the law of property ownership is a product of the mind. The natural state of things is that if I see something and it isn't tied down or guarded, it is mine if I want to take it. I always find it odd that people trot out the same tired arguments about how "intellectual property" and "real property" aren't at all the same thing, when in fact they are more similar than different. Both are artificial concepts created by the law. The consequences of taking someone else's property are different in the two cases of course, but they are not zero in either case.

      First of all, trying to discredit the argument with an emotional appeal (i.e., calling it "tired") is a fallacy.

      Second, you're missing the point. "Real property" and "intellectual property" are different, and here's why:

      Imagine I'm holding a rock. The physical reality of the fact that I'm holding (i.e., owning) it prevents anyone else from holding (i.e., owning) it at the same time. Moreover, I can use that piece of property without having to give it to anyone else first (for example, I can tie it to the end of a stick and go kill an antelope with it). Moreover, I can only use it if I haven't given it to someone else.

      Now, imagine that I'm thinking of an idea. Obviously, this does me no good whatsoever unless I communicate it to someone else. But then once I do share it with someone else, I can't claim to "own" it anymore. As "property," it's inherently useless; therefore it makes no sense for it actually to be property.

      Now, you're right that a law allowing me to put down my rock and walk off while still "owning" it is a construction of society. However, such laws are still based on and justified by the physical reality of the situation. As a consequence, laws that try to establish the same thing for "intellectual property" have no basis or justification!

      In other words, although we, as a society, build up artificial constructs of law, eventually it all boils down to the physical fact that a rock cannot be used by both you and me at the same time, but an idea must be shared between us in order to be used. Everything else must follow from that, or else we end up with the situation we have here, which is that everyone disregards the law.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:However by Russellkhan · · Score: 1

      Personally, I think that information wants to be anthropomorphized.


      I don't. ;-)
      --
      Information doesn't want to be anthropomorphized anymore.
    19. Re:However by Digital+Vomit · · Score: 3, Insightful

      I'd be willing to pay my share plus the shares of nine other people to fund a movie that sounds interesting.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    20. Re:However by ScentCone · · Score: 1

      I'd be willing to pay my share

      So, why not let the people producing the movie take the risk? If you pay for something that sounds like it will be interesting, before it's even made, you have no ability to gauge (or influence!) the eventual quality or interest. Why not just pay for actual (existing! finished! reviewed by people who share your taste!) entertainment? How many thousands of movie pitches are you willing to sit through every year so that you can decide which deserve your pennies? How about: just go on with your life, doing what you specialize in, and let the people who invest in, and make movies, give it a go and try to get your attention with their finished products? That way, they have much more at stake, and more incentive to do it right.

      --
      Don't disappoint your bird dog. Go to the range.
    21. Re:However by zenkonami · · Score: 0

      1) Songwriters and composers everywhere thank you for acknowledging that the creation of the material is in fact not work at all (certainly not work that might deserve compensation of any kind.) Their material is in fact floating freely in the air to be snatched up by whatever live act is quick enough to grab it. Meanwhile oil (not truly produced but extracted), automobiles and computers are all products that involved actual labor and are much more crucial to our society, and so deserve to see the money.

      2) The love of doing it is often overtaken by the love of one's self. YouTube is a cheap as free medium by which anyone can show off their latest work. As has always been the case in art, there are occasionally kernels of brilliance to rise out of obscurity, only the easier it is to "produce" free art, the more you have to wade through to find the good stuff.

      "Art" has always been about money or status. Always. That's not to say it isn't produced by something visceral within us, but once produced we want to share it...and we'd like to not go hungry doing it.

      Because if you break it down, the only jobs that really matter in the world are the ones that provide food, shelter, and health. So why not give everything else away for free.

      --

      Do You Experiment?
    22. Re:However by mumblestheclown · · Score: 1
      I don't know what the complete answer is but I do know that the people who claim that copyright law as it is currently implemented is the only possible way information creators can benefit are fanatics, very likely entrenched interests and middlemen who know full well that they add no value. Parasites in other words. This is like claiming that people on wall stret don't have any value because they don't actually, say, drive trucks or work in mines. Wall Street people contribute to the efficient allocation of capital - the market values what they do, and thus they make extraordinary sums. "Middlemen" in, say, music and film, contribute to the efficient allocation of capital by facilitating marketing and distribution, without which, the argument goes, the market would not be as profitable to the "artist" as it would otherwise be. But would it? Well, the point is that in today's day and age, you have to take one of two choices:
      1. (say) RIAA is an evil oligopoly: artists have no choice but to sign on the bottom line and accept slave contracts because the RIAA effectively provides them something of value - that is, marketing, organization, exposure, distribution, and so forth.
      2. the power of the internet allows independent artists to successfully avoid RIAA middlemen and have successful careers. That is to say, the RIAA "middlemen" have no value.
      The point is, IT CAN'T BE BOTH, even though on slashdot we routinely see people arguing both, contradictory, standpoints, AT THE SAME TIME.

      As for your comments about handwaving (your last paragraph): please don't confuse your own ignorance and lack of education with some assinine belief that such studies have not been done. Copyright is particularly hard to study since it tends to have very noisy data** (though we do have the historical record which shows that EVERY regime which tried to outright ban copyright on philosophical grounds, starting with the french revolution on up, reverted to it after a few years after it found it unworkable.) Where we do have VERY VERY VERY VERY VERY VERY solid evidence is in patents--there is absolutely no question that having a strong patent system spurs innovation. We know this because we can look at certain industries, such as pharmaceuticals and see how they grew or collapsed with respect to changes in local patent law. I am sure if instead of YOUR handwaving, you actually went to a university and looked up studies, this would be rather clear to you.

      ** here's an example: look at the number of artistic works developed by Taiwan (where copyright was effectively nil for some period) and Hong Kong (where there was effectve british style copyright). Hint: HK dominated in virtually every area. Again, such examples are noisy, but they do exist and the matter HAS been studied "scientifically."

    23. Re:However by Anonymous+Brave+Guy · · Score: 1

      First of all, trying to discredit the argument with an emotional appeal (i.e., calling it "tired") is a fallacy.

      It's a figure of speech. If I want to discredit the argument, I'm quite capable of doing so on rigorous, logical grounds if you wish.

      Second, you're missing the point. "Real property" and "intellectual property" are different

      Ah, I see. So when I wrote "The consequences of taking someone else's property are different in the two cases of course", which part of that point was I missing?

      Now, you're right that a law allowing me to put down my rock and walk off while still "owning" it is a construction of society. However, such laws are still based on and justified by the physical reality of the situation. As a consequence, laws that try to establish the same thing for "intellectual property" have no basis or justification!

      Please read up on basic economics. I would be happy to debate this subject with you, but until you have at least an elementary understanding of that field and how today's intellectual property laws fit into it, I do not see how I can illustrate the hole in your argument logically. As a starting point, consider that any time and money spend creating a work has an opportunity cost associated with it. Then consider that just because someone shares some information without themselves profiting from doing so, the act may still damage the commercial value of that information to others. Combine these two basic ideas and you start to build a more detailed economic picture that shows how a copyright holder can indeed be damaged by others sharing their work without compensating them, even if they still have a copy of the work themselves.

      In other words, although we, as a society, build up artificial constructs of law, eventually it all boils down to the physical fact that a rock cannot be used by both you and me at the same time, but an idea must be shared between us in order to be used. Everything else must follow from that, or else we end up with the situation we have here, which is that everyone disregards the law.

      For someone so clued up about logical fallacies, you're very quick to use an appeal to the masses. In fact, your final claim is demonstrably false, given that I am a counterexample. The recent success of legal on-line music services suggests that I am not the only one.

      We could debate other points about your post -- such as your claim that an idea must be shared to have value -- but first I invite you to read around the subject a little more, and develop arguments beyond those that I and others have debunked many times before on this very forum. I see that you are a subscriber, which IIRC means you can see a user's complete posting history, so if the search facilities provided by Slashdot are any good you should be able to find relevant arguments I've made in the past fairly quickly if you care to do so.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    24. Re:However by mdmkolbe · · Score: 1

      Your use of the term "rival" is incorrect. In economics a rival good is one where one person's use or consumption limits other's ability to use or consume that good. Information is one of the best examples of a non-rival good. (See http://en.wikipedia.org/wiki/Rivalrous) Information is also naturally a non-excludable good (thus the patron model for artists in ages past), though some laws such as trade secret, patent or copyright laws may make it de jure an excludable good.

    25. Re:However by mrchaotica · · Score: 3, Insightful

      Second, you're missing the point. "Real property" and "intellectual property" are different

      Ah, I see. So when I wrote "The consequences of taking someone else's property are different in the two cases of course", which part of that point was I missing?

      You were missing the point that it makes no sense to speak of "taking someone else's property" in the context of "Intellectual Property," because it makes the false presumption that "Intellectual Property" is actually property. In other words, you're saying "P implies Q," but failing to realize that P is false.

      Please read up on basic economics. I would be happy to debate this subject with you, but until you have at least an elementary understanding of that field and how today's intellectual property laws fit into it, I do not see how I can illustrate the hole in your argument logically.

      My argument is one based on the physical reality of the universe; economics is irrelevant to it. In addition, you can't use "today's intellectual property laws" to justify themselves; that's a circular argument.

      As a starting point, consider that any time and money spend creating a work has an opportunity cost associated with it.

      Yep, I completely agree.

      Then consider that just because someone shares some information without themselves profiting from doing so, the act may still damage the commercial value of that information to others.

      I agree here too.

      Combine these two basic ideas and you start to build a more detailed economic picture that shows how a copyright holder can indeed be damaged by others sharing their work without compensating them, even if they still have a copy of the work themselves.

      If we first postulate that a "copyright holder" exists, then yes, I can indeed see how he can be damaged, economically. Now, here's the problem: it doesn't make sense, physically speaking, for any such "copyright holder" to exist in the first place!

      Your entire argument seems to be based on the presumptions that copyright exists and that it's possible to enforce. You then argue that, from those presumptions, that copyright infringement has negative consequences for the copyright holder, etc. In addition, you explain how copyright is desirable in terms of ethics (e.g. by giving authors fair credit for their work). That's all fine and dandy; I'm not disagreeing with any of it.

      All I'm disagreeing with is your claim that "intellectual property" is the same thing as "real property." If we had Star Trek-style replicators, then I'd agree with you (and, of course, extend my claims to include "real property" as well). But we don't, so the fact that "intellectual property" is inherently copyable while "real property" isn't causes them to be different in a very significant way. The consequence of that fact -- which is a feature of physical reality, not economics -- is that your postulates (that copyright can exist and be enforced) are false and the whole argument is moot. In other words, yes, P -> Q, but ~P, so you have (so far) failed to prove Q!

      For someone so clued up about logical fallacies, you're very quick to use an appeal to the masses. In fact, your final claim is demonstrably false, given that I am a counterexample. The recent success of legal on-line music services suggests that I am not the only one.

      My "final claim" wasn't a claim. Or at least, it wasn't a claim made for the purpose of justifying the rest of my argument. Still, you're right that I overstated it when I said "everyone" (which I meant in a colloquial sense).

      Also, which "success[ful] online music services" are you referring to? The ones that don't use DRM (e.g. eMusic, AllOfMP3), the ones that aren't actually successful (e.g. PlaysForSu

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    26. Re:However by 16K+Ram+Pack · · Score: 1
      "nobody will create without copyright" (that's nonsense) or "copyright is the only option" (that's also nonsense).

      People would probably still write songs, if copyright were abolished. What about movies, though? How is someone going to make a $100 million + movie like Spider-Man without copyright? The moment that it's released, someone would copy it and every cinema owner would show the copied version. It doesn't work.

      Copyright is the only option (with the option for creators to grant unlimited licenses and so forth). The alternatives are what, exactly? State funding of creators? Who decides who the state should fund?

    27. Re:However by Anonymous Coward · · Score: 0

      We could debate other points about your post -- such as your claim that an idea must be shared to have value --

      We were talking about copyright. Unshared (i.e., unpublished) ideas are not copyrighted, therefore it wouldn't matter whether they have value or not because there's no means to extract it. QED.

      Interesting discussion, from both of you. One point I differ on is the one above. Under US copyright law at least, any document is copyrighted as soon as it's "fixed in a tangible medium of expression." So, an idea that has not been shared with anyone (such as some notes in my paper notepad) are legally copyrighted even if no one else knows they exist! I'm also skeptical of the idea that an idea is useless unless communicated, because the value of some ideas comes not from sharing them (like music) but from implementing them, like engineering designs.

    28. Re:However by mrmeval · · Score: 2, Interesting

      Samuel Z. Arkov http://www.imdb.com/name/nm0035098/

      Whip up a poster and title and see who wanted some of that. :)

      And the Toxic Avenger also was made that way.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    29. Re:However by TheVelvetFlamebait · · Score: 1

      Even something as simple as discussing what the correct copyright period should be, right down to zero, should be discussed and scientifically justified rather than the hand waving like "nobody will create without copyright" (that's nonsense) or "copyright is the only option" (that's also nonsense).
      How about we use the science of commerce?

      It seems to me (and of course I'm just waving my hand here), that getting rid of copyright will hurt the industry from a commercial perspective. And while we live in a capitalist environment, that will always be unacceptable.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    30. Re:However by KDR_11k · · Score: 3, Interesting

      Imagine I'm holding a rock. The physical reality of the fact that I'm holding (i.e., owning) it prevents anyone else from holding (i.e., owning) it at the same time. Moreover, I can use that piece of property without having to give it to anyone else first (for example, I can tie it to the end of a stick and go kill an antelope with it). Moreover, I can only use it if I haven't given it to someone else.

      Yes but society as a whole would benefit if anyone could take that rock the moment you put it down and you could take it back the moment he puts it down. Most tools are owned by many households despite being in actual use only for a short period of time. Society would greatly benefit if we would just have a number of tools that belong to society (a sufficiently large number, of course) that everyone can use if he needs them and overall we'd get by with less tools. Same for food, some people starve while others have more than they need. Why not make food property of society and give it to those who need it? Oh, wait, that's communism and people don't seem to like it.

      For the same purpose it can be argued that a copyrighted work is no longer useful if it gets distributed freely among others because it no longer has a resale value. To a corporation there is no value in the notes Britney sings other than their resale value. Additionally, 99% or more of the copyrighted works wouldn't have an actual benefit to society even if freely available. The value to the creator as e.g. a story is pretty much nil since he knows the entirety of it the moment he wrote it. The author already has that information and no need to write it down and show it to others except for gains coming from that sharing (recognition, profit, etc) that he'd lose if copyright was no longer there.

      Both physical and intellectual property exists because people have a way of thinking of both physical objects and ideas as theirs. Society's laws are formed around the ideas society holds about how the world should work. People think that others shouldn't be allowed to steal their ideas and implement it as a law, people later realize that means they can't steal other people's ideas either and complain.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    31. Re:However by KDR_11k · · Score: 1

      So instead of trying to recoup those costs indirectly by charging money for a service that anyone and his brother can do for practically nothing and thus is infinitely competitive, the people who are creating the information in the first place need to figure out how to directly charge for the act of creation, cataloging and quality assurance.

      They have found a way that works, why don't YOU find a new way for them if you want to abolish theirs?

      the text of AP news stories is copyrightable but not the facts that they contain.

      That's however MUCH different from the way many people would like information to be free. They don't want to be able to create their own derivatives from a real event, they want to simply peruse other people's inventions verbatim since otherwise they wouldn't have any trouble with copyright law.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    32. Re:However by kevinbr · · Score: 1

      Perhaps economically speaking actors should stop getting 20 million for several months work. The underlying issue that needs to be debated is that copyright as a monopoly is used to drive up the rates of popular artists pay - both muscians and actors and writers..........

      As such copyright is a monopoly and this is what we expect to see - the consumer gets screwed. I would pay 5 Euros for a digital copy of a movie - I would buy loads of films. I refuse to pay 15-30 Euros for a DVD so the only ones I ever bought were for the kids.

      I would pay 3-5 Euros for albums in digital format but I would want supporting lyrics, photos and information about the making of the album.

      So really copyright is just being used to do price gouging and maximizing profits.....

    33. Re:However by Znork · · Score: 1

      "Many of the people expressing these views were just average people2

      And people who have, apparently, not studied the issues. The idea that copyright creates an incentive to create is proving dubious (both judging from the amount of entirely unpaid work that goes on without incentives and above all, there are far better ways to direct an incentive to the actual creators if desired), nor does copyright hinder the exploitation of creators who get a miniscule breadcrumb of the total resources paid by the consumers.

      A real incentive and protective from exploitation would guarantee payment of sales revenue to the authors and creators, not to the holder of a particular monopoly.

      But then again, look at the history of IP and you realize it never was about the creators, it was always about the friends of the crown. The authors were just an excuse.

      '"intellectual property" and "real property" aren't at all the same thing, when in fact they are more similar than different.'

      They're entirely different things. Intellectual property is more aptly named 'intellectual monopoly'. It's not ownership of a specific piece of property, it's a monopoly preventing anyone else from duplicating that piece of property.

      On the other hand, you're not prevented from copying 'real property'. In fact, it's highly encouraged, as cheap and efficient creation of more valuable items is the very foundation of increasing wealth within the free market economy.

      "And tell me, how are you "scientifically" going to justify a "correct" copyright period? "

      Once you drop the industry-imposed propaganda blinders about 'property' it's not that hard. Realize it's a specific point-taxation system where we hand out monopoly-profit (ie, a taxation form) as the payout in a social incentive system instead.

      Lets skip the history lesson and go to the actual purposes your friends claimed earlier and go from them.

      We want to create an incentive for creative talent. Ok. We want to make sure that when money's made, a part goes to the creators. Ok. We want to make sure recognition remains. Ok.

      And 'the correct period'? That's just a distraction derived from the deficient monopoly construct. There is no correct period, there's (possibly) a correct amount of _money_ that maximizes the level of creative talent we support for what we're willing to pay.

      In the current system we might as well be burning the money; the vast majority of the money the consumers are spending never makes it to the creators. Monopoly rights shifts incentive to channel control and marketing as revenue maximizers and has a built in incentive to have _as few_ as possible 'hits', marginalizing the rest. Preventing entry into the controlled channels maximises revenue for the remaining corporate owners, adding more creators merely dilutes the stream and increases per-work costs as a percentage of revenue. IE, it nowhere near serves the purpose you claimed you wanted.

      There are many alternative possible systems; personally I tend to favour entirely skipping the 'copy' aspect of copyright and replacing it with recognition rights and revenue incentive rights. As we're already paying a form of taxation on IP works, change that over to an official form of incentive tax. IE, any revenue activity tied to recognized works pays a percentage of sales price to the incentive funds, which then pay out to authors and artists. For example, for a CD, you'd simply have a 50% incentive tax/royalty on the sales price (which would fall towards actual manufacturing price, so prices would be far lower than today, while still shifting more money towards artists and creators). The incentive would automatically pay out to the artists and creators, essentially replacing the 'contract' aspect of current creator/publisher relations with a mediated system where the creators will automatically get paid when revenue is generated off their works.

      Such a system would also have the advantage that we can actually budget for it, we can scientifically me

    34. Re:However by Oligonicella · · Score: 1

      Well, it's nice to see an argument so well thought out. Just give books and paintings away for 'cost' and then promote the authors and artists so they can do... tours where people pay to watch them write and paint?

    35. Re:However by Anonymous Coward · · Score: 0

      So, an idea that has not been shared with anyone (such as some notes in my paper notepad) are legally copyrighted even if no one else knows they exist!

      An argument could be made (perhaps a better one than what I feel like making) that just the act of taking an idea out of your brain and writing it down is an act of sharing. You don't know what could happen with that notebook. Just because no one else knows it exists yet doesn't mean no one could know it exists and then read it.

      It goes down to what and economics professor asked about: what is the most public goods in existence? Air (at least, for now). What is the most private? Your thoughts (again, for now).
    36. Re:However by Robocoastie · · Score: 1

      Well, it creates piracy only because the definition of the word has been changed from people gaining material they never paid for to now include (thanks to the DMCA & DRM) people who back-up or decrypt the DRM so they can play their legally purchased media on other computer OS's (such as Mac or Linux).

      Let's take the example of Movielink or even iTunes movies. I could go get the same movie from Wal-Mart, which in my town actually sells them for as much as 60% higher than other wal-marts due to their monopoly here, but for me who is a disabled vet college student and stay-at home dad its far easier to just d/load the thing on iTunes or Movielink when my 3 year old wants to watch something new desperately and I really need to keep chugging along on my studies.

      The problem is I'm sick of paying Gates' and company exhorbitant prices for their "os" which could be argued actually isn't an OS anyway but rather a collection of 3rd party programs people used to buy seperately. So I have Vista 64 on my big rig (and several Linux's I use in VMWare player, mainly Slax), the other machines run Linux only. But thanks to the DMCA and the industry in bed with MSFT I can't play the movies on my Linux machine unless I violate the DMCA, which makes me a "pirate" under the new definition, by running a program like Tunebite to record the thing without DRM.

      It's ludicrous, and this explains why we cannot believe for a second the numbers of so called "piracy" the industry claims. Those numbers are only high because they have changed the definition of the word from its original computer definition (which incidentally started back in the 80s due to a poor software distribution method limited by mail order and not actually because they wanted to "steal").

    37. Re:However by DRJlaw · · Score: 1

      No, my use of the term "rivalrous" is different from the one that you expect. I quite clearly stated that information is rivalrous based upon the ability of the consumer to make use of it. One can only "consume" so much information per unit time because of human limits. On the other hand, one can consume very large quantities of gasoline, wood, food, etc. depending upon the use. You are looking at consumption from a supplier's point of view. I quite clearly stated that I was looking at valuation of information from a consumer's point of view.

    38. Re:However by DRJlaw · · Score: 1

      The people who are creating the information in the first place need to figure out how to directly charge for the act of creation, cataloging and quality assurance. A good businessman seeks out markets that are undeserved rather than trying to compete in a market that has effectively infinite supply.

      You either utterly miss the point, or merely refuse to acknowledge it. There is no infinite supply of useful information because human labor is required to produce it, and there is no infinite supply of human labor. The people creating the information have figured out how to charge for it -- charge for it, with protection through copyright and misappropriation, a.k.a., the "hot news doctrine."

      How you ever got modded up with a self-rationalizing argument like that is beyond me - the only reason it is rivalrous is BECAUSE of copyright law which has the sole goal of imposing artificial scarcity on a non-scarce, non-rivalrous good.

      Are you arguing informational creationism? How do these products appear in the marketplace in the first place to become "non-scarce and non-rivalrous"? My time is both scarce and rivalrous, which accounts for the last comment below.

      You might do well to review it yourself.

      An anonymous coward mischaracterizes legal rulings to an attorney in an attempt to argue that the "hot news doctrine" does not exist. Expected. Ignored. Judges do not rule based on Slashdot posts.

    39. Re:However by DavidTC · · Score: 1

      HA! Someone else gets it.

      Saying 'But bad thing will happen if you're correct' does not, in fact, stop someone from being correct. If advances in technology have, indeed, rendered copyright law meaningless, that isn't magically less true if it will stop movies from being made.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    40. Re:However by DavidTC · · Score: 1

      The contention that information wants to be free is a catchy way of ignoring that "the properties of digital goods are such that their natural startup cost is non-zero for any information which is concise, categorized, and subject to quality assurance/quality control."

      No it's not. It's not asserting that content producers want information to be free, and, hence, it's not 'ignoring' anything.

      It's asserting that information wants itself to be copied, although that's actually a metaphor for the fact that random people want to copy information to wherever they think it will be useful. Yes, it's sometimes rivalrous, but people do not normally compete with random strangers to have watched the newest movie, although that probably explains why there is no p2p live stock ticker.

      There is a very very tiny set of information that people keep secret to gain an advantage, and everything else they consider public knowledge, so will, for example, tell someone else the time or who won the game last night or the plot of a new movie. Society says that 'If you can help someone without hurting yourself, you should', and 99.9999% of the information people know would not harm them in the least if someone else knew, including almost all copyrighted works they possess copies of, so if someone asks for that information, they will share it.

      'Information wants to be free' isn't saying, despite people seeming to think so, that information should be free. It's saying that ('Almost all' instead of 'all'.) information 'naturally' frees itself due to the social nature of people, and that work must be done to keep it non-free. That isn't a moral judgment, and it doesn't mean that it can't be kept non-free, just that work must be done in that regard.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    41. Re:However by nine-times · · Score: 3, Insightful

      I've also been thinking about all this recently from the standpoint of the expense of resources. The use of natural resources, the expense of pollution, the expense of the distribution chain, internet bandwidth, and even hard drive space. It's odd to think about in these terms, since it's usually painted as an issue of consumer rights vs. corporate profitability, or as the desires of the audience vs. the needs of the consumer.

      However, the pictures changes if, for a moment, we re-imagine it as a problem for society to solve: how do we efficiently manage the distribution of recorded arts? For the sake of argument, lets disregard the other concerns, such as managing who is authorized to view what, or financial reimbursements to artists. Just think of the problem of distribution of information, as though it's assumed that the information is free.

      Suddenly it becomes clear that physical distribution, in this day and age, is *stupid*. We have this huge network at our fingertips, and we're going to waste materials on manufacturing millions of CDs? Many of those CDs are going to ripped to MP3 and then sit on a shelf. For what purpose? We use land and materials to build physical record stores (and Best Buy), we use the materials for the actual media, we pay people to search/maintain the inventory, there's the trucks and the shipping, and all that crap. Think of all the man-time and materials wasted.

      Also, users needing to rely on the hard drives in their home computer to store a specific copy of a top-40 hit or a Hollywood movie is nonsense. Right now, the top movie on iTMS is "The Prestige". Consider for a moment if I had bought that movie from iTunes 20 minutes before my hard drive died. Now, why should I need to keep a copy on my local hard drive? The movie has already been ripped, and the data exists elsewhere on the Internet. In order for me to download the movie again would only cost in used bandwidth, but those costs can be mitigated, ironically, by the sheer number of people downloading it. I'm sure that it's obvious to everyone here that the solution is P2P (bittorrent).

      It's become clear to me that for a society concerned with using resources efficiently, sharing information via P2P networks is a solution that's almost too good to be true. I'm not just talking about hippy-talk "conservation" in the environmentalist sense. I'm talking about the human resources, the expense of intellectual thought, and the money spent. Overall, those resources, too, would be more efficiently managed through P2P distribution.

      Now, some people would complain that jobs would be lost, but that's inherent in using human resources efficiently. Some of the human resources currently spent on these distribution issues are being spent unnecessarily. That we don't break windows makes less work for the window-makers, but breaking windows does not generate wealth. (Yes, I guess I'm suggesting that the MPAA/RIAA have become an example of the broken-window fallacy, and therefore create a net-loss for society)

    42. Re:However by Anonymous+Brave+Guy · · Score: 1

      No offence, but I think you're still reading words I haven't written. I have very carefully acknowledged the differences between physical property and "intellectual property" throughout this discussion, and I have never (intentionally) used phrases like "taking intellectual property" that imply a direct loss to the previous holder, as would be the case with real property.

      Your argument seems to be based entirely on physical realities, and since (as you rightly observe) the physical consequences of copying someone else's IP are not the same as physically taking their physical property, you seem to be arguing that IP has no value at all.

      My alternative argument is that information can have value even though it is non-physical. To give an obvious example, if it requires some research or creativity to produce the information, the information will not be produced unless someone has sufficient incentive to do that research or to sit down and be creative. That incentive needn't be economic, of course -- clearly some people produce some work for purely altruistic reasons -- but it can be. Copyright is just one possible mechanism to arrange this. Work for hire is another. Making money off related products or services is another.

      Now, I don't claim encyclopedic knowledge of debates on the information economy, but I've read around the subject a fair bit. I have yet to see any alternative to copyright proposed that supports the realistic creation of works that have a high development cost, a much lower value to individuals, and a wide market. (Note that this needn't just be mass market consumer things like books and CDs. It could just as well be a specialist software library, developed by a single company but paid for by ten customers, none of whom would individually be willing to pay the entire development costs.) Work for hire is a perfectly reasonable arrangement for one-off, bespoke jobs, but it's no use if there isn't a single buyer willing to pay for the work. Altruism is fine, but it won't pay the rent. Copyright is simply one possible way for society to create a middle ground for the useful "many small payments" model that lets you buy a music track or book for a few dollars. If you have a viable alternative suggestion that is reasonable to all parties and still supports such distributed compensation, please do say so, because I (and no doubt many others) would love to hear it!

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    43. Re:However by mrchaotica · · Score: 1

      Thank you. By the way, I very much like your skydiving analogy -- nice vivid imagery, there!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    44. Re:However by rtb61 · · Score: 1
      So stop making movies or music and get a job at what ever junk food emporium you prefer. Perhaps live theatre and music is the way to go. As for all the existing content, give it away free, I don't have a problem with that and after all the political and legal problems the pigopolists have created they deserve to lose all their money as well suffer an extened period of imprisonment.

      I never used to have an attitude like this, and even used to buy music, but after the behaviour of the RIAA and MPAA that all come to an end. I can barely listen to commercial music without hearing the greed and corruption in it.

      The funniest thing of course is that 'piracy' and 'pirates' are now becoming the really 'cool' thing, it is becoming more like, if you bought it and didn't pirate it than you are a loser and it is only cool if you pirate it.

      Those idiots that made their profits marketing anti-establishment, anti-government and even anti-family, really shot themselves in the foot and then stuck that bloody stump in their mouths when they started showing those 'establishment' anti-piracy commercials and started invading schools with their anti-piracy message. Time for starwars quote "The harder you squeeze, the more systems will slip through your fingers" (that would be operating systems of course).

      --
      Chaos - everything, everywhere, everywhen
    45. Re:However by DavidTC · · Score: 1

      That's probably what's going to actually happen. Technological advances in video, editing, computer generator, etc, have made movies cheaper and cheaper to produce. Within 10 years, the entire process probably will cost less, tech-wise, than a current well-constructed stage set, with computers that draw in walls and outdoor scenes and fix amateur camera work and lighting and whatnot.

      At some point around there, the whole process is going to 'crash', when people start putting out a season of a 'good enough' TV shows for $100,000, and distribute it online with commercials. (The unions will scream and moan, but won't get anywhere because they have nothing to threaten with. They will be able to block successful shows from 'graduating' to TV unless they unionize, but until them, they're pretty powerless.)

      In fact, to some extent, this has already happened. Isn't there a Star Trek show thingy going on right now?

      But I suspect the real 'first' shows will be sitcoms, filmed in people's houses, starring local comedians and actors. Extremely cheap to make and easy enough to write a dozen episodes or so. It might take a while for advertisers to clue in, but the nice thing about that is they can tell exactly how many people watch the show, or at least download it.

      The shows might have some sort of trivial DRM designed only to inform back how many times the show's been watched, and keep commercials from being skipped, nothing else. 99.999% of people wouldn't bother cracking that, especially if it was some embedded downloader/player. If it was really clever, it could rotate in different ads.

      It really just needs a start, someone willing to risk the money to get a season on the air. Luckily, there are a lot of desperate and rejected people in Hollywood, so all that's needed is one of them with an idea they're convinced will work, enough money to film a season, and some tech skills.

      Even if the show 'fails', it will almost certainly make money, and suddenly people will realize: Wait a second. Before, it was 'Is this making us the most money possible?', and shows that made money would get shifted off the schedule for shows that could make more money...but we don't have a limited schedule here. If it makes us 120% of what we put into it, we should keep it going until it stops making money.

      Yeah, that's the fun little secret of Hollywood. Almost ever show ever filmed has made back the money spent on it within five years. From the most popular show to the ones that ran only twelve episodes. There have been maybe two dozen total that were so bad they didn't. Well, what happens when, suddenly, profitable shows don't start disappearing because more profitable ones come along? (Or, at least, shows people thought would be more profitable.) This, too, has already happened to some extent as cable expanded the possible timeslots.

      Of course, everyone thought this about CGI five years ago, and that didn't really happen...we got some CGI comics, and that was about it. People were imagining dozens of Toy Story-like TV shows and stuff, and that didn't materialize. So I could be wrong.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    46. Re:However by shark72 · · Score: 1

      "And that energy, when amortized over 6,578,462,507 [census.gov] people approaches zero, a fact that copyright fanatics like to ignore."

      I'm not sure of your point. The population of the world isn't what's relevant here; it's your total market size. This is real-world economics, and people who sell things -- whether they're tangible or intangible goods -- must operate in the real world.

      If it costs you, say, $10,000 to make something and you estimate that you can find 10,000 people willing to pay for it, your cost of sale will be $1 at the lowest. None of these actions will cause your total production cost or your cost per sale to go down:

      • Making more units than people are willing to buy
      • Letting people make their own copies
      • Giving a free copy to everybody in the world
      • Making a million extra copies and burying them in an Arizona desert, or shooting them into space

      Your cost of sale goes down with the number of copies sold, not the number of copies produced. Producing more copies will allow you to amortize the production costs over more units, but these units must be sold -- not copied or destroyed -- in order for you to make back your production costs.

      Making additional copies does not increase the market size. Nor is, surprisingly enough, lowering the purchase price often enough to increase the market size. It probably seems patently obvious to most people that if you cut the selling price to 1/10th, your sales will increase by 10x, but those people actually in the business of selling things have to deal with the realities of the supply-demand curve (and it's called a curve and not a line or slope for just this reason), elasticity, market size, and so on. If anybody's boggled by this, consider that "Cher's Greatest Hits" probably sells for $10.00 on the iTunes store, but I wouldn't buy it if it were $8.00 or $5.00 or even free. Cher has her finite market size, and I'm not in it. For Cher's record company to make their money, they need to understand the market, and price the product accordingly. And free might not be the best price.

      Ye olde "marginal cost of production goes to zero as supply goes to infinity" chestnut is most useful, I think, as a rationalization for piracy. The thought process is:

      • I read that "the marginal cost of production goes to zero as supply goes to infinity."
      • Since that new Evinescence album is infinitely copyable, then it doesn't cost the record company anything to copy, and thus by selling it for $10.00 they are being greedy.
      • I will fight back against greed by pirating it. DIE GREEDY FUCKERS DIE DIE.

      "Intellectual property law is a pure product of the mind and can be anything that we want it to be. Even something as simple as discussing what the correct copyright period should be, right down to zero, should be discussed and scientifically justified rather than the hand waving like "nobody will create without copyright" (that's nonsense) or "copyright is the only option" (that's also nonsense)."

      I agree wholeheartedly. The great thing about copyright is that it's entirely opt-in. If there's the incentive to release one's work via Creative Commons, the GPL, or even into the public domain, they will do so. If Evenescence doesn't want to, then it's also their right to go with a record company who will sell their stuff with DRM attached to it. They're smart people; they own their lives and that's the choice they've made. If I don't want to pay or deal with DRM to enjoy their latest work, I can do one of two things:

      1. Shriek "Bad greedy Evenescence! I will show them by pirating their music! Die Evenescence die!"
      2. Go listen to some music that's been released via Creative Commons, the GPL, or the public domain.

      I'll choose #1, but I acknowledge that I might be in the minority.

      --
      Sitting in my day care, the art is decopainted.
    47. Re:However by kocsonya · · Score: 1

      > To give a specific example, the law of property ownership is a product of the mind.
      > The natural state of things is that if I see something and it isn't tied down or guarded,
      > it is mine if I want to take it. I always find it odd that people trot out the same tired
      > arguments about how "intellectual property" and "real property" aren't at all the same
      > thing, when in fact they are more similar than different. Both are artificial concepts
      > created by the law. The consequences of taking someone else's property are different in the
      > two cases of course, but they are not zero in either case.

      They are very different. If, as a caveman, I have the great idea that it's easier to kill some critter using a stick propelled towards the critter by an other stick and a piece of bowel, that's my "intellectual property". The actual bow and arrow is my "physical property". Now, if you try to take my bow and arrow from me, that's theft or robbery. If you see me using my bow and arrow and you make your own bow and arrow, that's patent violation. If you come to my cave and see my cool pictures of critters on my wall that I painted and then you go home and paint the same pictures because looking at them pleases you, that's copyright violation.

      If you take my bow and arrow you actually deprived me from the result of my work. If I want to shoot critters I'll have to go and obtain wood, string, stone chips and spend a lot of time to make a new bow and arrow. If you make your own bow and arrow, you, at most, took my advantage over you in killing critters. If you copy my pictures in my cave, you did absolutely nothing wrong. It should be noted that in the second two cases it was *you* who actually did the work to create the objects (your bow and arrow and you pictures), while in the first case you obtained an artifact without putting the effort into its creation.

      If we live in a tribe (as we do, because we very early figured out that a group is more efficient than an individual and slight personal sacrifices to help other group members in distress are worth it when it's you who happen to be in distress and then you can expect the group to help you) I will obviously share my bow and arrow idea with everyone - it is our collective interest that we can whack critters for dinner easier. If I have lots of ideas which need time for testing (varios arrowhead shapes, feathers for stabilisers and so on) I might say to my group that it'd be more advantageous for *all of us* if I spent my time testing better arrows and the others would just give me food anyway, because they all know that my arrows will make it easier for them to get them critters in the pot. Now to protect this privileged position of mine (which so far was based on mutual trust: ther trust me to invent new weapons and I trust them to feed me adequately) I lobby the Chief to create a new rule: when I come up with a new weapon, for ten moons everybody who wants to make a weapon like that *must* pay me a critter. Which is an incentive for me to create newer and better weapons, so that the critter train keeps rolling and an incentive for them, because if they have the new weapon, that extra critter is quite reasonable considering the gain. Thus, we invented the patent system. Now if I can then do sexual favours for the Chief's best friends to convince them that even a certain way of scratching can be considered as invention or that giving critters for inventions in itself is an invention or that if I found out that eating the Big Furry Animal's heart makes you strong, then the heart itself is my invention, then we are in the current patent regime with algoritms, business models and genes being patentable.

      Let's now see my paintings. I painted them because I like to paing animals. Other people like them. So they try to paint them in their cave. Not all of them are clever enough, so they ask me to paint a picture in their cave. They, of course, offer me dinner for the time I paint these pictures, which is fine by me. There

    48. Re:However by Bert64 · · Score: 1

      Extraction of oil takes time, machinery, manpower and you no longer have the oil yourself once it's been sold. Work is required for every single barrel of oil.
      You can't extract a single barrel of oil and then continue selling it infinite times without doing any more work. So why should an artist continue to be paid for something they did years ago?

      Would you like to buy my car? I obviously won't be able to give you the actual car, but you can have a digital photograph of it for the price of a real car.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    49. Re:However by zenkonami · · Score: 1

      It's not really the same as wanting to buy your car and then getting a digital photo of it instead. It's more akin to buying the right to drive to your car. It's what you can do with it, not the object itself, that is of value (the Taoist notion comes to mind: It's not the bowl that is useful but the space inside where you can put your food.) I don't own the car proper, but I am allowed to drive it per whatever our agreement was. If at the end of the deal, I am no longer able to drive your car because that's what the contract states, then that's what legally should happen. If I don't like that idea, I should find someone with a better agreement. Barring monopolies, the free market should sort this one out just fine, but only if enough people actually give a damn.

      This is the crux of the whole argument about "intellectual" property. I'm not suggesting "pay per play", but certainly would like to see that anyone who plans to put the song in their library pay for it.

      Also, someone in the process does have to continue putting work into the song in order to continue selling it. Publicity, promotion, publishing, etc... all add up to time spent not making money doing something else. Otherwise, in a world of fast moving information, the song may not have much of a shelf life, or a listener base. Some of my favorite songs I discovered not from what my friends were listening to, but because of clever promotion on behalf of the artist/publisher/record company.

      I would be curious to know what a world without "intellectual property rights" would look like economically, as it seems somewhat complicated to contemplate. It's possible that there would still be high quality recordings of high quality music out there, though I'm not certain that would be the case. That isn't necessarily a bad thing but it is different, and different is scary to people who currently make their living off the status quo. Change can often take a lot of work, and often invalidates the lot of work that went into learning how to function in the current system.

      --

      Do You Experiment?
    50. Re:However by Eivind · · Score: 1
      or the question of whether someone should ever be able to profit off the back of someone else's work without compensating them

      In general, that question can only be answered with a resounding YES. Profiting from the work of others is pretty much the entirety of what makes us as a society capable of progress. If, for using *any* advance, you always needed to 100% compensate the original creator, then there'd be no profit in doing it anymore. (because you'd need to "compensate" your advantage back to the creator.)

      So, Einstein (or his heirs) get not a cent for making current GPS-accuracy possible, Pasteur and his heirs get no compensation whatsoever for the fact that his discoveries make us all healthier. This is as it should be and completely *nessecary* for us as a society to be able to progress.

      Now, there are limited circumstances where we should make exceptions. But in *general*, everyone should be free to profit from the works of others.

      It is probably desirable to offer some incentive for the creation of new useful works. Copyrigth is our current method for achiving that, and the US constitution even makes this purpose explicit. It is not at all a given that this method is the best one. It appears to over-reward a few "superhit"-creations, and at the same time under-reward much that is useful but with less immediate mass-appeal.

    51. Re:However by Eivind · · Score: 1
      Sure. So we need *some* method of creating those resource. Everyone agrees on that.

      The current system of rewards is *horribly* broken though.

      • A huge fraction of the added cost *fails* to actually reach those people doing the creation.
      • It seriously hampers the usability of the finished product.
      • It seriously hampers creation of new works if these can be considered to be derived rather than original works. Thus incentiving useless replication of work and hampering improvements to existing works.
      • It encourages piracy, because it arbitrarily taxes the step of copying despite the costs being elsewhere.
      • It encourages DRM -- thousands or tens of thousands of man-years are used trying to develop a technology that is both fundamentally impossible, AND actually harmful to the usefulness of the work.
      • It encourages harmful law. Many countries now have laws, for example, that actively hinder the preservation of old cultural works.
      • It restricts access to the created works. Once a work is created, it is more "useful" the more people have access to it. Copyrigth works by creating artifical scarcity.
    52. Re:However by Eivind · · Score: 1
      And tell me, how are you "scientifically" going to justify a "correct" copyright period?

      I personally think copyrigth is broken as a concept -- adjustments in the form of "correct" periods will do nothing to mend the fundamental brokenness of financing creation with per-copy charges in a world where per-copy costs are practically null.

      It used to be something like this: (I know the numbers are out-of-the-air, but the general idea is sound)

      • Making a work: 1 man year: (~100K)
      • Preparing a book for print: (copyediting, coverdesign, etc) ~50K
      • Printing and selling 100.000 copies of book: ($10/book) ~1000K
      • Total cost ~1.150K, total price/book: $11.50 marginal price/book: $10
      So, in this scenario, the work in question would need to be sold $11.50, while without the copyrigth-burden, it'd be $10. There's no large difference, and the harm from reduced circulation is small. Most people that would get the work at $10 will probably also get it at $11.50

      The same book as an ebook:

      • Writing: 1 man year ($100K) This doesn't change.
      • Preparing: $50K, this also does not change significantly.
      • Making 100.000 copies and distributing those: ~$5K (most of it fixed-cost)
      • Total cost $155K, total price/book $1.55, marginal cost/book: $0.05

      One notices two things. First, the total price is much lower, we've created the same work and made it accessible to the same number of people, but we spent $155K rather than nearly ten times that sum. This means, if people continue spending similar amount for culture, then we can finance ten times as many works, a HUGE boost.

      Secondly, there's now a huge gap between the price and the marginal price. The marginal price is artificially high even, the tendency is towards zero. Yet ebooks are typically sold at like 2/3rds of the paper-book price to avoid cannibalising the profitable market.

      It's likely there are many people interested in using a work for $0.01 (which in practice would mean free, possibly with an ad-banner on the page or supported by gifts or whatever) but which will not pay $7.

      Copyrigth is ok when it works as a small added tax on the creation of a physical item that is expensive to create anyway. It's not so bad when it costs $10 to print, distribute and sell a book that copyrigth adds a $2 tax thereon making it a $12 purchase. Unfortunately, these days its more along the lines of copyrigth transforming a product that really cost $1/copy (including producing-costs!) to something costing ten times that much, while at the same time missing out on the extra revenue from all those that'd have wanted the product at $1. (but who won't at $10)

    53. Re:However by Anonymous+Brave+Guy · · Score: 1

      While your arguments make sense, you're reading into my post things that I did not write. In particular, there are two big differences between compensating the originator of a work, and compensating the originator's legacy with 100% of all future profits made off that work.

      And for what it's work, I'd be the last person to argue that copyright is ideal in its current form. There are a lot of abuses going on that are assisted by the current system, to be sure. But I happen to think that most of those abuses are also illegal under other, more general laws (price fixing, monopoly/oligopoly restrictions, etc.) regardless of what copyright says.

      I've seen a lot of people say that copyright is broken, but so far, I've not seen anyone give a serious suggestion for a better alternative that retains the practical benefits, and still beats the problems that are genuinely caused by copyright itself rather than other abuses that are already illegal anyway. For the example in your reply to my other post, say, what alternative model would you propose that takes advantage of the low distribution costs of on-line media, yet still compensates those who worked to produce the material fairly?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    54. Re:However by cmorgan47 · · Score: 1

      And that energy, when amortized over 6,578,462,507 people approaches zero, a fact that copyright fanatics like to ignore.

      are you suggesting that all 6,578,462,507 pay a little bit towards every movie/cd/tv show/book/research project? even if distribution is free, or close enough to it, there are production costs on these things which need to be recouped.
      incidentally, i do agree about the parasitic middlemen.

      --
      no i have not shot my gun in the air and gone 'Ahh!'
    55. Re:However by Eivind · · Score: 1
      Mea Culpa. You're rigth. Though you did write; "whether someone should ever be able to profit off the back of someone else's work without compensating them" nowhere did you say that that compensation should be equal to 100% of the profit. (Under todays copyrigth/patent regime though, the size of the compensation is nearly entirely decided by the copyrigth or patent-holder.)

      Some of the abuses are likely illegal (though that doesn't really bring us forward as long as in *practice* they continue unpunished)

      But others are a natural result of copyrigth. For example, monopoly: The *CORE* of copyrigth is that one person or one company owns the rigths to copy a certain work. That is a monopoly by definition. (btw a monopoly ain't illegal: *abusing* one is) Or another example: Price-fixing. Price-fixing means various companies who "should" compete with eachothers decide instead that they're better of agreeing on a higher price and all sell for this price while competing on other areas.

      I don't see, however, how you can be guilty of price-fixing when by law you have a monopoly on a certain product. You don't need to cooperate with anyone to "fix" prices. You alone dictate it.

      I don't have any easy answers either (and am wary of anyone who claims to) but the core of my belief is that compensating creativity with per-copy charges is fundamentally broken in a world with zero marginal cost. Financing (in whatever form) should go straigth at the target: creation.

      I think different markets need different models. One-size-fits-all won't work. (arguably, it doesn't work even today, computer-programs and paintings *really* don't have similar cost-structures, nor similar aging-structures, so rewarding both in the same way is very very suboptimal).

      Let me give an example for one limited area: textbooks for primary school.

      Current financing (Norway):

      • Govt give money to schools.
      • Schools select books based on value/price
      • Schools buy books from companies, by paying pro-copy.
      • Companies finance the writing of schoolbooks, hoping to make back (more than) investments from selling copies.
      • The resulting books are copyrigthed, schools *aren't* free to do with them what they want, despite having financed their entire development.
      Suggested reform:
      • Govt outrigth *pay* for the development of say 3 competing sets of schoolbooks for primary school. (about the current selection for Norway) Release the finished books as pdfs (or whatever) for free on the Internet.
      • Schools select the best book for themselves, select someone to print the book for them, and buy the number they need. They pay only the physical cost of printing (since the books themselves are free)
      • Schools report back to Govt what books they use.
      • Next year, Govt dispenses money to *improve* the books. They dispense money so that the "better" team gets a larger share.
      • Meanwhile, teams are free to copy and steal parts and improvements from eachothers.
      • The resulting books are free: Anyone can have them, for at most the price of physical reproduction.

      Thing is, the government *ALREADY* pays 100% of the price for developing the schoolbooks. But for some (to me unfathomable!) reason they choose to do so while still letting the company doing the development keep all the rigths to the resulting books. That's bullshit, and only serves to reinforce monopoly-rents.

      Ok, so that's a simple start. But we gotta start *somewhere*, rigth ?

    56. Re:However by yehoni · · Score: 1

      Yes but society as a whole would benefit if anyone could take that rock the moment you put it down and you could take it back the moment he puts it down. Most tools are owned by many households despite being in actual use only for a short period of time. Society would greatly benefit if we would just have a number of tools that belong to society (a sufficiently large number, of course) that everyone can use if he needs them and overall we'd get by with less tools. Same for food, some people starve while others have more than they need. Why not make food property of society and give it to those who need it? Oh, wait, that's communism and people don't seem to like it. The problem with communism isn't that people don't like it, it's that communism is an economic failure. Much as you may like to think society would benefit from it, in practice it doesn't work. It's been tried both on the large (Soviet Union) and small (the Israeli Kibutz) scales, and has exactly one guaranteed outcome: bankruptcy.
    57. Re:However by GWBasic · · Score: 1

      There's one important fact that the free culture argument tends to neglect. Sure, a copy of a movie costs effectively zero. But the original has a cost that's decidedly nonzero. Information doesn't grow on trees, it takes energy to set it in a meaningful pattern that enables all those free copies.

      True, but the cost to generate information is also going down. For example, in low-budget movies, it used to be that most of their budget went to buying celluloid film. Now, using digital technology, the same film can be made with a fraction on the budget. The same applies to music; a consumer-grade Macintosh is as powerful as the recording studios of the 60s.

      Likewise, when you purchase a book or CD, only a small fraction of the price goes to the artist / author. Most of the price goes to manufacturing, shipping, and the physical stores' overhead. In electronic distribution, these costs do not need to be captured in the purchase price.

    58. Re:However by Anonymous+Brave+Guy · · Score: 1

      But others are a natural result of copyrigth. For example, monopoly: The *CORE* of copyrigth is that one person or one company owns the rigths to copy a certain work. That is a monopoly by definition. (btw a monopoly ain't illegal: *abusing* one is) Or another example: Price-fixing. Price-fixing means various companies who "should" compete with eachothers decide instead that they're better of agreeing on a higher price and all sell for this price while competing on other areas.

      I don't see, however, how you can be guilty of price-fixing when by law you have a monopoly on a certain product. You don't need to cooperate with anyone to "fix" prices. You alone dictate it.

      OK, but if that's the whole story, what keeps the prices of CDs so high when the marginal cost of production is relatively low? Normally in a competitive market, we would expect prices to tend towards the marginal cost as the scale increases and up-front costs are spread more thinly, yet in this industry, that has never happened on a wide scale.

      A charitable person might reply that the record labels fund a lot of artists who never make it, and have to recoup those losses on the few artists who hit the big time. A more cynical person might suggest that the record labels have very one-sided deals with new artists and carry little of the failure cost themselves anyway, but since the market is effectively an oligopoly with a few big players, they can all comfortably overcharge because as long as none of them breathes too hard, the house of cards stays up.

      I don't have any easy answers either (and am wary of anyone who claims to) but the core of my belief is that compensating creativity with per-copy charges is fundamentally broken in a world with zero marginal cost. Financing (in whatever form) should go straigth at the target: creation.

      I don't think I really disagree with any of that, nor with your objection to one-size-fits-all, nor even with your example using school textbooks. But my question remains: if copyright is broken, how do we fix it? Certainly in the case of school textbooks, it seems odd that a government would rely on copyright when it is in a position to commission works for hire directly. The latter is pretty much always going to be a better option for those who can afford it and are effectively the entire market anyway, but those people are in a strong bargaining position to start with. The same approach doesn't help in the more general case of mass market, cheap products with expensive development costs, though. That's where the idea of copyright works best today, and that's where I've yet to see a viable alternative proposed that addresses the weaknesses in the principle of copyright while still being fair to all parties.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    59. Re:However by Bert64 · · Score: 1

      I was talking about music, not books, but still.
      Books are a part of our culture too, their use should not be artificially restricted.

      On the other hand, books don't encourage major copying, it is it time consuming to produce a copy of a book and each copied book requires a big chunk of paper and ink. You can make digital copies, which is still time consuming for the first copy, but many people prefer to have a physical book they can read anywhere.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    60. Re:However by Eivind · · Score: 1
      OK, but if that's the whole story, what keeps the prices of CDs so high when the marginal cost of production is relatively low? Normally in a competitive market, we would expect prices to tend towards the marginal cost as the scale increases and up-front costs are spread more thinly, yet in this industry, that has never happened on a wide scale.

      The simple fact that it *ISN'T* a competitive market. If you want the latest Robbie Williams-CD (or whatever) you have precisely *one* supplier capable of legally delivering it. This is not anywhere close to the definition of competitive market....

      True, any number of sources can deliver some male singer, many can even deliver one that sounds kinda similar, and that may even look similar and dance similar. But it's still not *IT*. Copyrigthed works are the antithesis of commodities. And getting *THE* Robbie Williams (the one in TV!), as opposed to "some male singer" matters enough to the teenage girls that are the core music-market today that a $15 Robbie Williams CD is going to outsell a $5 "Male Singer" one. Indeed, the latter is likely to be "uninteresting" enough that it'll not even get any shelf-space, so people wouldn't find it even if they wanted.

      I don't think I really disagree with any of that, nor with your objection to one-size-fits-all, nor even with your example using school textbooks. But my question remains: if copyright is broken, how do we fix it?

      I think, there are no simple, easy, universal fixes. I think the best we can do is to start adjusting the course so that the situation starts *improving* rather than rapidly detoriorating as it has recently.

      Outrigth *buying* copyrigthed works (not just X copies -- the work itself!) when you are financing the entire creation anyway is a no-brainer. People should do this when hiring wedding-photographers too by the way, but are typically to clueless to realize, so first they pay a good salary for the production of the photos -- and then the photographer owns the resulting work (which mean only he is allowed to duplicate it -- which he will -- for a modest 1000% overcharge)

      Certainly in the case of school textbooks, it seems odd that a government would rely on copyright when it is in a position to commission works for hire directly. The latter is pretty much always going to be a better option for those who can afford it and are effectively the entire market anyway,

      Yes. Agreed. Still, in the real world it works the other way around. I know not of even a single western government that outrigth buys its schoolbooks, rather than paying indirectly trough buying copies, and letting the publisher keep all control. Depressing.

      but those people are in a strong bargaining position to start with.

      Yeah, but they throw the position away by moving the purchase-money down to individual schools. (or in higher institutions even down to the individual student)

      The Government of Norway saying: "We need a new english-textbook for 10 year-olds. We expect to buy 50.000/year of it, which is 97% of your total sales for this book" has a strong bargaining-position, essentially they can dictate the terms.

      The School of Nordfjordeid saying: "We've decided to purchase *your* english-textbooks for our 10-year-olds this year. We expect to buy 100/year of it, which is 0.18% of your total sales for this book" still has a little bargaining-power. They can probably get a few percent off, particularily if they credibly threathen to go with a cheaper competitor. But they're in no position to dictate anything.

      The student at UiB saying: "My class use *your* math-book for the first year in Uni this year, I need a copy of it." has -zero- bargaining power. The publisher is a monopolist by law, and it knows that the student *must* have exactly this book even under completely unreasonable terms. (the professor on the other hand will get complimentary copies as gifts...)

      Yeah, I realize the example doesn't gene

    61. Re:However by mandelbr0t · · Score: 1

      About profiting off the back of someone else's work... What do you call fair compensation? Many large companies generate huge profits from people's works, while giving those people a miniscule cut. Also, do you think someone should be able to continue making ridiculous profits indefinately? Surely there's a point where it's no longer fair compensation, and now they;re just ripping people off. Something more than 0 would be nice. Acknowledgement that I was the original author would be better, even if I didn't get paid. I'm only speaking from experience, but there's at least one person out there who got paid (substantially) by using my work. He didn't write it, he contributed in the form of vague ideas and didn't participate in the debugging and testing. I got paid to write it, but the royalties from this work went into the pocket of someone who had more of a management than a creative role. And my name still isn't on it, nor can I use this project meaningfully on either a resume or portfolio.

      It's rarely the artist who rips people off; it's the guy that rips off the artist that also rips off everyone else.
      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    62. Re:However by Anonymous+Brave+Guy · · Score: 1

      The simple fact that it *ISN'T* a competitive market. If you want the latest Robbie Williams-CD (or whatever) you have precisely *one* supplier capable of legally delivering it. This is not anywhere close to the definition of competitive market....

      Sorry, I obviously wasn't clear. I agree with you: this is not a competitive market. As such, the normal rules about monopoly/oligopoly businesses and price fixing apply. A typical reaction to such markets is to impose government regulation on behalf of the consumer, with the regulator having the power to compel the businesses in advantageous positions to supply products at a fair price.

      People should do this when hiring wedding-photographers too by the way, but are typically to clueless to realize, so first they pay a good salary for the production of the photos -- and then the photographer owns the resulting work (which mean only he is allowed to duplicate it -- which he will -- for a modest 1000% overcharge)

      Yes, people should do that with wedding photographers, and it seems that in recent years that market has been shifting as people got wise to the old-fashioned photographers' scam.

      I know not of even a single western government that outrigth buys its schoolbooks, rather than paying indirectly trough buying copies, and letting the publisher keep all control. Depressing.

      It is indeed. But in this particular case, it's the fault of inept government rather than copyright law per se.

      Research tends to be like that too. Public grants, private results. It's a complete disgrace if you ask me. If I pay for it with my taxes, I want the result to belong to the public.

      I agree wholeheartedly, but again this is a problem with inept research funding bodies, who give up public money without demanding public benefits. If they changed their policy, a few academics might whinge a bit about the unfairness of it all, but the research would still happen because you can't challenge the policy on either an economic or an ethical basis.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    63. Re:However by Eivind · · Score: 1
      It's not just "inept government", it's a symptom of a larger disease. Government (imho) behave like they do among other reasons because they to far too large a degree has "drunk the Kool-aid" of the pro-copyrigth lobby.

      So, it's argued, doing anything other than buying individual copies of copyrigthed works at the free market, would be communism or worse. (this ignores the fact that sale of copyrigthed goods *aren't* free markets, but that's doubletalk for you...)

      There's other symptoms too, of this disease. Why is it, for example, that if a society have strong reasons to need a particular plot of land, they can use eminent domain to forcibly take it from the owner, and use it as they see fit. (for example for building a railroad-line) But similar law is not used against patents or copyrigths.

      Why can't (or doesn't!) government expropriate say the patents for the most promising HIV-drugs ? It would seem to me, the need for treatment against HIV is a lot more pressing than the need to build a particular railway-line. Naturally there should be compensation (I'm even of the opinion that in such cases in general compensation should be lavish, because that is the best insurance against abuse of this priviledge -- the state should only forcibly take stuff when it really *IS* critically important to society, and when it does, it should compensate the former owners roundhandedly.)

      Who controls the money has the power. If the Govt said: Here's a sack of $X money for HIV-research, any qualified medical research-institutions can apply from money from the sack, however it is a condition that all resulting papers be published openly. I somehow doubt that nobody would apply for the money.

  36. You didn't know it was "DRM infected"? by Anonymous Coward · · Score: 1

    Ok... So you didn't check to see if it was DRMed and that if would play under Linux, but you went ahead and bought it anyway?

    Sounds to me you are ether really stupid & shouldn't be using a computer, or are just spewing some crap for an "DRM IS EVIL" example?

    No wonder people, like me, don't trust any anecdotal evidence posted on sites like this one...

  37. Re:Commodification by arivanov · · Score: 2, Interesting

    Bollocks,

    What the GP has noted from a more social perspective is actually valid on the physiological level. IIRC all ova in a female are completely developed before she reaches sexual maturity and after that dormant. During each ovulation one (usually) undergoes the final stage in its development and is secreted. No new ova are created.

    At the same time male spermatocites which divide to produce spermatosoids are produced constantly (albeit at a decreasing rate) until the males die. New sperm is created all the time.

    So the female vs male sexuality note is actually valid all the way down to the physiological and biochemical level. As far as procreation is concerned male sexuality is not a scarce resource. Female is.

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  38. But the record companies _want_ more piracy... by Don'tTreadOnMe · · Score: 1

    I suspect that the record companies want more poiracy. Then they can get a blank CD/DVD/hard drive tax similar to the one in place on blank audio cassettes.

    That's where the steady income lies, for them.

  39. Re:Commodification by Anonymous Coward · · Score: 0

    Hear, hear!

  40. same as old adage by icepick72 · · Score: 1

    [Guns don't kill people. I do.]

  41. Remember: 80% per year. by Kadin2048 · · Score: 1

    That 100% inception rate is a hell of an exaggeration; last time I looked at the FDA statistics, only about 80% of "average" couples (so, we assume they have sex at the average American frequency of around 2-3 times a week) get pregnant in a year of having sex, without any birth control at all. The per-encounter impregnation rate is actually lower than you'd think...it just seems to always occur to people when they don't want it to.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Remember: 80% per year. by Henry+V+.009 · · Score: 1

      Well, given a large enough population, it's simple to get a bunch of maximally fecund females together. (Also the intercourse frequency rate you quote mostly includes couples that have been together a while and is more than 2/3rds of the time constrained by the female.) After assuring fecund females, the main problem is sperm production in the male. The average non-smoking, non-drinking, fit 20-something male probably has 2 80% probability shots a day. It drops of fairly quickly after that. But all it takes is one. "Every Sperm is Sacred" as Monty Python would but it. But yes, statistically impossible in general to see any number of kids much above 1000. I wouldn't say that 500-700 is out of bounds at all though.

    2. Re:Remember: 80% per year. by Breakfast+Pants · · Score: 1

      Those rates include people who are actively trying not to have babies by timing their sex with the female's period. They also gay sex, men with vasectomies and women with their tubes tied.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    3. Re:Remember: 80% per year. by miro+f · · Score: 1

      The "rhythm method" counts as birth control. So does having a vasectomy and having your tubes tied. Since the GP explicitly said "without using any form of birth control" then these don't count.

      As for homosexual partnerships, I don't know if that's officially counted as birth control or not... But it would be a pretty useless statistic to count in a test about fertility

      --
      being vague is almost as cool as doing that other thing...
    4. Re:Remember: 80% per year. by petermgreen · · Score: 1

      The "rhythm method" counts as birth control.
      but given that you aren't consuming any drugs how does the fda know you are using it?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    5. Re:Remember: 80% per year. by miro+f · · Score: 1

      How does the FDA know how many times a week you have sex? How does the FDA know about the condoms you bought from the supermarket and how would they know you're using them?

      I imagine this is a survey and people simply answered questions. I don't think they installed cameras in peoples houses or anything

      --
      being vague is almost as cool as doing that other thing...
  42. DRM doesn't cause piracy, lack of un DRM does by Anonymous Coward · · Score: 0

    It isn't DRM that's causing piracy, DRM'd products are failing in the market place.
    It's the SHORTAGE of NON-DRM'D outlets.

    Customers have already voted with their wallets, the lower the DRM the higher the sales. So much so, the independants are a growing share of the market because they took the risk and the majors didn't.

  43. Re: DRM Causes Piracy? I agree.... by 280Z28 · · Score: 1

    DRM forces me to pirate every DVD movie I watch, whether or not I paid for it. I use ffdshow to handle volume normalization (so I can watch at 2AM, hear the talking, and not wake the neighbors when a bomb goes off) and brightness/contrast adjustments (my room isn't always at theater brightness levels). Apparently these features aren't useful for any legal purpose... at least that's what I gather from a system that only allows these A/V processors on pirated versions of the movie (works for nearly any format except DVD video).

    --
    Turning coffee into code.
  44. The Individual Sense of Fairplay is the Best DRM by yintercept · · Score: 1

    The article introduces the reader to the reason to why the lack of DRM would not lead to mass piracy. It is because people in developed countries are (or at least used to) have a highly developed sense of ethics.

    People do not generally "pirate" an electronic text in order to sell it for a profit. They do it in order to get the text itself, for their own use.

    There is one major exception to this rule. But that involves people who can operate openly on a mass production scale in countries which do not enforce international intellectual property rights.

    DRM came to play because there was a massive effort to engage in automated copyright infringement. We could have completely avoided DRM if cultural institutions, like Universities, came out against mass piracy. Instead the wanks in the academia came out spouting nonsense about how mass piracy was the new social revolution that would transform society.

    Since our cultural institutions were lauding mass piracy, individuals wanted to be part of the technology revolution felt compelled to join in on the piracy frenzy.

    The market for DRM was created by content owners looking at the mass piracy advocated by our social insitutations and decided that they needed excessively instrusive mechanisms to protect the content they created.

    It was the mass automation of piracy coupled with social leaders egging people on that created the need for DRM. IMHO, if it were not for that idiocy, we could have gotten by enforcing copyright with the individual sense of ethics as this article contends.

  45. Ridiculous... by Anonymous Coward · · Score: 0

    Eric Flint's argument applies to books, where the electronic form is much less useful than the paper version. It doesn't apply to music and video, where the electronic form is more useful than the CD/DVD form to most people.

    1. Re:Ridiculous... by bwcbwc · · Score: 1
      where the electronic form is much less useful than the paper version.

      Run that by me again? That may be your personal preference and is probably based on your experience with early book readers, but reading an RTF-formatted book in a Word processor is no burden. Admittedly if I want a hard copy, I effectively have to spend an additional $5 on printer paper and ink, but the electronic version is perfectly readable online. But on the other hand, it's easier to cart around 30 or 40 eBooks on a trip in my laptop than it would be to haul that many paperbacks along.

      And while the electronic form is more useful than a CD or DVD, that argument is irrelevant. CDs and DVDs are DRM-infected as much as (legal) online media downloads are.

      Where Flint's argument falls down is that in his marked of science fiction there isn't enough demand to make commercial piracy profitable enough to justify the risks. This is probably true of most book publishing where sales are in the tens of thousands of copies. So Flint and Baen can afford to trust their customers because no one is out on the web trying to sell OCRed copies of published works for $4.99 a pop, .

      For movies and disks that sell in the hundreds of thousands or millions of copies, the potential for a competitor to enter the market selling a reproduction of your product is much higher. The problem is, there's a catch-22 here. If you DRM your product, it isn't particularly effective, since the DRM eventually will be cracked. Also, you drive a few of your customers (Slashdot readers) away, possibly into your competitor's arms.

      If you don't DRM your product, you regain the few technically-savvy users you lost with DRM, but you lower the barriers to the pirate-competitors to the point where they can flood the market to such an extent that they actually affect your sales to your mass customers. So I actually sympathize with RIAA and MPAA motives, even if the strategy they've come up with is abysmal.

      --
      We are the 198 proof..
  46. 2: The products they want are high-priced.... by russ1337 · · Score: 2, Interesting

    Principle 2: "The products they want are high-priced, so there's a fair amount of money to be saved by stealing them"

    I can attest to this 100% - in a different, but similar area many are familiar with. My example is my experience with WindowsXP. When I lived in New Zealand, I could not afford the NZD$536 (USD$377) for XP home to keep my CS:S habit alive, so I used a 'less than legitimate' copy of XP. Anyway, when I moved to the US I thought I'd go legit only because after a visit to Frys i saw i could pick up XP off the shelf at (USD$199) - almost half the price. Even better I managed to get an OEM XP home for just over a hundred bucks.

    Now there's no way I'm paying NZ$536 (USD$377) for an OS. No way. No way in hell. However, I was happy enough to part with a hundy for the OEM version. I didnt know of Linux at the time (now have 3 PC's on Ubuntu), but wanted XP to play CS:S and various other Windows games I'd paid for over the years (because they were well priced!!!)

    So yeah, hopefully big business will wake up and smell the coffee one of these days.

    1. Re:2: The products they want are high-priced.... by Microlith · · Score: 1

      While it could be argued that MS overvalues XP, people generally download things they want because the price is zero. It doesn't matter how fair the price is, a large percentage will simply never pay because anything over $0 is too much for them.

      The only problem we face is if that mentality becomes more prevalent than the idea it's good to pay people for their work (or for their investment.)

  47. Re:Commodification by Dunbal · · Score: 1

    I mean isn't calling someone a Jew a great insult in suburban America?

          Not if the person in question is, in fact, a Jew.

    --
    Seven puppies were harmed during the making of this post.
  48. Re:Commodification by Stormwatch · · Score: 0, Offtopic

    I have a lovely wife and two beautiful girls who are Jewish.
    If you ever have a boy... well, click the link in my sig, read, and ponder.
  49. you know what I love? by rucs_hack · · Score: 1

    That hollywood only exists because they moved to california to escape opressive patents and use the patented technology without paying rights holders..

    That makes me giggle.

  50. basic market economy by denoir · · Score: 1
    It's puzzling to see that music label execs don't grasp the basic principles of market economy. Perhaps it is because their business has largely been a cartel based one.

    The real world situation is that you can get an improved service (faster download) a better product (no DRM) for a lower cost (free). Since you can't get cheaper than free and the product can be cloned at no cost their only real two choices are an improved service (larger selection, properly tagged, faster download speed etc) or indirect product revenue via product placement etc

    That is simply the reality that they have to accept - few people in their right mind will buy an inferior product at a higher price while getting a worse service. Law suits are pointless against such a force of nature.

    No non-interactive media (books, music, movies etc) can be protected as its contents can be cloned at one level or another. Software and similar interactive stuff are a different story as you can run parts of it server-side. For the other stuff for DRM to work, it would require a vanishingly unlikely agreement (conspiracy if you will) by software and hardware manufacturers to eliminate software-based cloning. And even then, there's nothing that can prevent me from hooking up my digital line out to my digital line in, be it audio or video. That battle was lost even before it began.

    Instead of using this new medium to provide a new set of services, the music industry have made piracy all it is today - generally a better alternative.

    1. Re:basic market economy by GigsVT · · Score: 1

      There is value in being perceived as more legitimate too. As acceptable as piracy might be, if the labels offered DRM-free downloads in any format for say 20 cents a song, piracy would drop to nearly zero. A few young teenagers with no money might still pirate, but it would be almost unheard of. No one would bother pirating stuff at those rates.

      The other thing is that people wouldn't mind buying the same music over and over. They likely would, if they lost their stuff in a hard disk crash or whatnot. At those prices it's an impulse item. You are travelling or at work and there's a CD you really want to listen to, it's easier to just go to their site and buy it again, then bother with copying it from home or whatever.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:basic market economy by Anonymous Coward · · Score: 0

      The people at my local blockbuster are always rude to me and the dvds are usualy scratched. I'm not in to 'owning movies', I just want to watch them and not have to speand $5-$10 bucks if I don;t return them in time b/c of work/life etc. The last dvd I rented at blockbuster installed some strange video player on my PC that I can't get rid of, and when I played it half way through it became unreadable, I didn't even bother comnplaining because price of silently eating the loss of $4 was better then dealing with the clerks.

      Now I jusy use pirate bay /shrug.

  51. Re:Commodification by Anonymous Coward · · Score: 0

    Remember that on slashdot, females are a commondity because the people who write post like that and the mods who think those posts are insightful can only get sex or see see a female body if they pay for it, so they assume paying for it is the norm.

    Are you saying that Jews and women might be human? Pfft. You are wasting your time. Eugenics has scientifically proven jews inferior just as the type of "social psychology" sited here has proven women are things whose only purpose is to reproduce. Your just all emotional because of the hormones, honey.

  52. Re:Isn't that what they want? Not Quite! by MMC+Monster · · Score: 1

    Absolutely. The first time through, it's nice seeing coming attractions for movies that will come out in a couple months or so. 5 years later, it's freaking annoying.

    As for children's movies: I buy movies for my daughter so that she doesn't watch network TV commercials. Why the heck should she have to watch commercials on a DVD.

    Now, if she watches a movie more than twice, I rip it and remove all the commercials. Eventually I'll get my home network set up and just have a movie server that wil rip our entire collection.

    --
    Help! I'm a slashdot refugee.
  53. Call me a stickler for language... by OakLEE · · Score: 3, Interesting

    But the article asserts that DRM causes more piracy. The summary of the article in the blurb does great injustice to the article by implying that but for the existence of DRM, there would be no piracy. That is frankly false. Piracy has been a problem since well before DRM (that's why they created it), and it would probably be one if DRM ceased to exist.

    Personally, I think the key issue with piracy is not DRM, but the fact that piracy and copyright infringement are becoming an acceptable to increasingly commit. The result of this is a situation where the laws of society are arguably out of sink with its values. Situations like this are hard to maintain because we depend as much on societal stigma as we do on criminal punishment to deter most crimes. When stigma is lacking or low, we often try to make up for this by adding criminal punishment to increase deterrence.

    The problem with this, of course, is that it creates a paradoxical situation where we punish people more for crimes we care less about (another example, non-violent drug offenses). Thus you end up with a situation where people are morally outraged, even fearful, at the threat of having the book thrown at them for a crime they do not consider "bad" at all.

    The biggest problem though for copyright infringement is that society normally deals with "lesser" crimes like these by imposing fines on the violator like with speeding for instance. People speed, and when they get caught they pay the fine, go to traffic school, and continue speeding. To most, the fine and traffic school are just the transactional cost of speeding to them.

    However, infringement is inherently tough to solve with fines, because it is an economic crime, not a behavioral one. A reasonable fine, the cost of purchasing the infringed material, would have at best a neutral effect on infringement society-wide. People would just infringe, take their chances, and worst case pay up if they get caught. However setting fines too high, as the current system arguably has them, has an even worse effect though, since your average infringer will tend to infringe more than otherwise, the logic being that "if getting caught for a little infringement is going to bankrupt me, I might as well get my money's worth by infringing a lot." Unreasonably high fines also create a situation where the infringed party inherently knows that the infringer is likely judgment proof (cannot pay the fines), further pissing them off. At this point, society tries criminal penalties as well as fines, which leads us to the current system we have.

    Obviously solving this problem is a toughy. We could kill copyright infringement as a crime, much as we repealed Prohibition, but that could create other problems, such as disincentivizing creativty, or encouraging tighter DRM, as creators deal with the ramifications. I offer no solutions, but this is the problem as I see it.

    --
    The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    1. Re:Call me a stickler for language... by seebs · · Score: 1

      I disagree with your analysis, and I think Flint is right.

      Every time in my entire life I have copied something in a way contrary to copyright law, it has been because of some kind of problem with anti-copying measures. The version of Populous I got for my Amiga wouldn't run, because the copy protection used on it didn't work on 68030 processors. The result was the first time in my life I ever "cheated" a copy protection scheme; I figured out a way to crack a different game from the same publisher, and got that without paying for it, because I figured they owed me a game.

      Baen books has been giving away free versions of many of their books, and selling many more. I consistently buy the ones that I want that they ask money for.

      However, copyright protection schemes are sufficiently odious that, although I do buy video games fairly often, I nearly invariably end up cracking whatever security they had just so I can play the damn game.

      If, as they say, breaking the protection is "piracy", then yes, DRM is causing piracy.

      Even if it's not, they've established that their product is worse than competing products, and I have stopped buying PC games that use copy protection. Now, I'm pretty much straightedge, so I'm not going around getting the warez versions... But it is worth noting that, at this point, if I wanted to play a game, I would simply assume that I had to find a warez version to actually successfully play it.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:Call me a stickler for language... by rcastro0 · · Score: 1

      Interesting angle. Your insight about the incompatibility between what the law dictates and what people think is fair is a *very* important consideration. I think about that often, and in much more general terms than simply copyright laws.

      Legislators in any modern (or not so modern) country have created many more laws and regulations than we can imagine (see The Death of Common Sense), while libertarians took refuge in transgression of the law (e.g. speeding). However this world, thanks to information technology, is clearly becoming much easier to police -- here where I live cameras everywhere will take pictures of your license plate and automatically mail you a ticket if you speed. They can also control where your car has been (was it supposed to be there?).

      But I digress. What I really wanted to add to your insight is just this: more than the size of the penalty, the probability of getting caught influences how people behave towards the law. And there is a very important "crowd mentality" phenomenon -- if more people break the law, the probability of getting caught goes down, causing yet more people to break the law, which reinforces the cycle. But technology (think spyware, think speed radar cameras, think data base mining in the IRS and, perhaps, DRM) can revert the cycle.

      Thinking about law+police+technology makes one think about hackers as the white-hat cowboys: the last guardians of the libertarian spirit.

      --
      Quem a paca cara compra, paca cara pagará.
    3. Re:Call me a stickler for language... by An+Onerous+Coward · · Score: 1

      I stopped reading the moment you used the word "disincentivizing." Good thing you waited until the last sentence.

      --

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

    4. Re:Call me a stickler for language... by VGPowerlord · · Score: 1

      But the article asserts that DRM causes more piracy.

      What would you say if it said "Cancer causes death" instead? It's assumed that piracy would still exist without DRM, just like it's assumed that death would still exist without cancer.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    5. Re:Call me a stickler for language... by OakLEE · · Score: 1

      What would you say if it said "Cancer causes death" instead? It's assumed that piracy would still exist without DRM, just like it's assumed that death would still exist without cancer.


      Causation, as is pertinent here means "anything that produces an effect; cause." Source. Given this, I would have to say that saying "cancer causes death" is an incorrect use of the word in its proper sense. If I get lung cancer, it will not produce the effect of death. It might make me 10 times more likely to die than a person without lung cancer, but it is not a certainty that I will die from it.

      Put another way, saying "cancer causes death" is like saying "if you get cancer, then you will die." We know this is not true for all types of cancer. If you were to take the negation of that statement it would be "if you do not die, then you do not have cancer." Again we know that to be true as someone is perfectly able to have cancer and not die from it.

      Not to sound pedantic, but I think you are making the mistake of thinking of causation in the past tense. For example, if you had said "his death was caused by cancer," then your logic make sense, assuming that you could eventual trace the cause of his death back to the fact that he had cancer.

      This misuse of "causation" was precisely the problem I had with the article's summary. It confuses the concept that an increase in probability A will occur if B is present with the concept that A will occur if B is present.
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    6. Re:Call me a stickler for language... by srussia · · Score: 1

      Obviously solving this problem is a toughy. We could kill copyright infringement as a crime, much as we repealed Prohibition, but that could create other problems, such as disincentivizing creativty, or encouraging tighter DRM, as creators deal with the ramifications. I offer no solutions, but this is the problem as I see it. Copyright has always been a rent-seeeking measure, and the argument about "incentivizing creativity" has always struck me as a fig leaf that publishers and authors resort to in order to try to hide the shameful greed implicit in lobbying for a state-enforced monopoly in their favor. It is not at all clear that copyright and "intellectual property" in general promotes creativity. Absolute creativity (bringing something into existence from nothingness) seems to be quite rare--I think the last documented instance was an intense 6-day period some 6000 years ago :-)

      On the other hand, the vast majority of "works" considered as creative nowadays are inspired, derived or modeled upon prior "works". It can plausibly be argued (if you put any stock in utilitarian arguments) that the non-restriction of access to "creative works" will lead to an veritable explosion of further creative works. The only principled (as opposed to utilitarian) stance on this issue is that intellectual-property restrictions are violations of individuals' rights with regard to their own physical property or even their own body (see Electric Slide).
      --
      Set your phasers on "funky"!
  54. Re:Commodification by Anonymous Coward · · Score: 0

    Yes, I feel this way when my own ethnicity is insulted

    Kiboko iz dat yooo?

  55. Re:Commodification by Henry+V+.009 · · Score: 1

    A feat to you maybe. But really, there's only one valid way to test my claims. I think it's time to be scientific about this.

  56. No by Kohath · · Score: 2, Insightful

    People decide to do things. "Piracy", in this case, is something a person decides to do. Each individual has the choice to act or not. DRM doesn't cause piracy. It probably creates incentives for piracy, but the choice still exists.

    The whole [some factor] "causes" [some behavior] is simply an assault on free will and an invitation to elite social engineers to take away more freedom from people.

    People behave the way they want to.

    (Example: Did videogames "cause" the Columbine massacre, or did some kids decide to massacre some people?)

    1. Re:No by seebs · · Score: 1

      On an individual basis, obviously you are correct.

      When we are talking about social policy, though, a policy can be reasonably said to "cause" the things which follow from it consistently in multiple experiments. If you do X, Y will happen, consistently enough that you can make predictions about it.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:No by knowlton · · Score: 0

      You're absolutely correct, as far as you go.

      As I see it, the issue here is not whether it's a choice to break the law or not (it's always a choice), but whether some laws are "bad laws," inappropriately restricting human freedom.

      It (should) be obvious to everyone why laws define punishments for certain classes of action against other human beings, such as physical violence or theft of tangible property.

      What is less obvious is whether a person can or should be able to assert ownership over intangibles. The U.S. Constitution (as well as the laws of many other nations) says they can, but it's not natural, or obvious in the same way that physical security is.

      So, while I won't argue for one second about whether [some factor] "causes" [some behavior], I will assert that the discussion at hand is a result of precisely the the kind of "elite social engineers" taking away freedom that you appear to hold in such contempt.

    3. Re:No by Kohath · · Score: 1

      When we are talking about social policy, though, a policy can be reasonably said to "cause" the things which follow from it consistently in multiple experiments. If you do X, Y will happen, consistently enough that you can make predictions about it.

      No. Saying that a policy "causes" a behavior is to deny free will. That's useful for social engineers and other tyrants, but bad for their victims.

      Go with "tends to result in". As in, "Raising the minimum wage too high tends to result in unemployment for low-skilled workers whose work is worth less than the new minimum wage".

    4. Re:No by swillden · · Score: 1

      Saying that a policy "causes" a behavior is to deny free will.

      You're arguing semantics. Suppose we say instead:

      "Policy X is historically correlated with behavior Y and there is a clear rationale explaining why some people would choose Y given X. Further, there is no specific reason to expect the correlation to change in the future because the rationale remains valid."

      Now, we're not denying anyone's free will, but the modification hasn't changed the point of the essay one whit. The only difference is that the essay has become unreadable through the fog of pedantry.

      Reasonable people fully understand that, in this case, "X causes Y" doesn't mean people are incapable of choosing not-Y, merely that the Y-choosers chose Y because it made sense to them.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:No by An+Onerous+Coward · · Score: 1

      Way to pummel that straw man. How many people do you really think looked at the title and imagined hordes of geeks stumbling, zombie-like, to their computers, their clicking mouses driven by some external force as they fired up their Bittorrent clients and stared in stark revulsion as their fingers typed "Christina Aguilera" into the search box?

      Then your counterargument: people decide for themselves. Absolutely trite. Is it any less attractive for those wicked, naughty "social engineers" if people are using their free will? No, so long as imposing a rule makes it almost certain that more people will "freely choose" the preferred course of action.

      Example: Say that as a "social engineer" (a sneering, insulting, and meaningless term) you plan two new communities. In the first, that there are vast swaths of tract housing, connected to distant shopping and business centers via wide, car-friendly roads. In the second, housing is more compact, business and shopping are within walking distance, biking and jogging paths are common, and roads are narrow and winding to discourage speeding. Obviously one is designed to encourage car travel, and the other to encourage walking and biking. The designs will probably work, not because you used your evil engineering skills to override the free will of the population, but because you looked at the way people make travel decisions, and designed the incentives accordingly.

      So getting back to the article: The basic thrust is that DRM users are doing very poorly in designing incentives that would make people likely to choose their products. If they sold non-DRM'ed products, users would be treated to a better experience. By selling with DRM, they frustrate their customers, and make their pirated competition more attractive.

      In short, people know what "causes" actually means, your objection is irrelevant and unenlightening, and I have no life whatsoever.

      --

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

    6. Re:No by Robotech_Master · · Score: 1

      The asinine thing about the whole debate is that you will not find the word "cause" or "causes" anywhere in the article. Flint never says it. He says that DRM "fuels" piracy--that is, that it makes piracy more attractive--not that it "causes" it. In fact, he says that there are people who will pirate no matter what you do.

      "Given all that, who is going to bother to steal a Baen title? [...] Some, sure. There are always a few fruitcakes here and there."

      --
      Editor Emeritus and Senior Writer, TeleRead.org
    7. Re:No by seebs · · Score: 1

      Look, I'm a language lawyer by habit, and I think you're being too pedantic.

      The effect follows from the cause, consistently. I'm not denying free will, I'm making a statement about statistics. Compare it with blackmail or other forms of coercion; the mere fact that you could in theory refuse to do something at gunpoint doesn't mean we should avoid any language that implies that the person with the gun "caused" you to act.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  57. Right! by Anonymous Coward · · Score: 0

    Having a 7-11 CAUSES robbery.
    Failing to lock my car door CAUSES auto theft.
    Having a pussy & looking nice CAUSES rape.
    Being alive CAUSES murder.

  58. In the beginning, there was... by Anonymous Coward · · Score: 0

    "In it Flint argues that, far from curbing piracy of copyrighted materials, DRM actually causes it.

    There's just one fault with that. If one assumes that DRM causes piracy? Then that means that there was no piracy before there was DRM. I'd like to see Mr Flint address that quandry.

    1. Re:In the beginning, there was... by Robotech_Master · · Score: 4, Informative

      RTFA. The submitter's blurb simplifies Flint's point to the point of incorrectness. DRM didn't and doesn't cause piracy--there would be piracy without it. But it does promote piracy--there is more piracy with it than there would be without it. Flint himself never claims that DRM "causes" piracy.

      --
      Editor Emeritus and Senior Writer, TeleRead.org
  59. Re:Commodification by Anonymous Coward · · Score: 0

    I'm 25 and whack it about 12 times a day. I have sex 4-5 times a week.

  60. Real Pirates by MrSteveSD · · Score: 2, Funny

    Whenever I read about piracy, I always remember this scene from Amazon Women on the Moon.

    http://www.youtube.com/watch?v=7I5dVBezF9k

  61. If statistics causes piracy... by Anonymous Coward · · Score: 0

    "Your gut feeling flies into the face of the actual facts. But this is what we've been saying all along - "piracy actualy PROMOTES sales"..."

    There's no "actual facts", just circumstantial evidence.* Maybe the "facts" don't mean that piracy promotes anything, but that the number of honest people rise above the unethical noise. Let's find out if piracy continues to promote when the unethical majority outstrips the minority honest.

    *And this is made even harder with geocontent-hiding P2P programs.

  62. In a perfect world by ScaredOfTheMan · · Score: 1

    Techcrunch lead me to Silicon Valley Documentary, it was offered by a service that did not put any DRM on the file(they used a 5 second pre-roll with my name on it and some sort of watermarking by deleting specific bits in the movie).

    Long story short, I paid $8 for the movie file (730X400 Mp4) and watched the movie. I liked it so much I wanted to share it with my buddy. I could have easily FTP'd it to him, but I didn't....instead I sent him $8 via paypal (8.24 exactly...damn them and their 3%) to get the file himself and he did.

    Moral of the story, the content producer gave me something I wanted at a reasonable price without trying to limit how, when, where and on what I watch it, I turn have no desire to P2P this...instead I promote it to my friends and tell them where they can get it themselves.

    What a difference a little trust makes.

    1. Re:In a perfect world by Anonymous Coward · · Score: 0

      The film mentioned is called In Search of the Valley.

  63. There will always be piracy by bogjobber · · Score: 1, Insightful
    2) The products they want are high-priced, so there's a fair amount of money to be saved by stealing them.

    No matter how low you price a movie or CD, it will always be too expensive for somebody. You can save money on anything by stealing it.

    There are two reasons why people pirate media: 1) It's easy. 2) It's free. 3) There are no repercussions (for the vast majority of people who do it). That's it, that's all. It's not a big secret. People want stuff for free. If people could get away with copying TV's or cars for the cost of materials, most would do that also, regardless of legality.

    DRM doesn't promote piracy. Piracy was around before computers. Piracy was prevalent before there was any sort of DRM on CD's (and there still isn't DRM on most CD's). The reason DRM sucks is because it's a huge pain in the ass and does absolutely nothing to prevent large scale piracy. That's reason enough to dislike it without making shit up about how it causes piracy. Piracy has been around much longer than DRM.

    It's a shame this part of the article was quoted, because it's really his weakest point. The rest of his article basically says, "Selling unrestricted, open media creates more revenue than piracy takes away" which is a much stronger argument.

    1. Re:There will always be piracy by An+Onerous+Coward · · Score: 2, Insightful

      You forgot a fourth reason, and the one which inspired this article in the first place:

      4) The illegally obtained file is less restricted and more useful than its for-pay equivalent. In short, you're choosing between paying nothing for a better product and paying something for a more frustrating, restrictive product.

      That's what they mean when they say, "DRM promotes piracy." If someone sells me an unencumbered file at a reasonable price, I'll accept it happily and move on. But if someone sells me a file that I'm allowed to play for a period no longer than five (5) years, on no more than two (2) authorized devices running our patented Music-N-Abled software... well, if I really, really feel that the artist deserves support, I might buy it before searching out an unencumbered file on BitTorrent. But either way, if I want it, I'm going to search out a file that does what I want, rather than waiting for the distributor to try and sell me the same product over and over again.

      You seem to want to interpret the statement "DRM promotes piracy" in a completely different way, that makes DRM responsible for every instance of piracy. I'm going to chalk it up to poor reading comprehension.

      --

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

  64. Plus.. by Anonymous Coward · · Score: 0

    The McDonalds food will make them too fat to be able to successfully fight. It's a win-win.

  65. on purpose artificial scarcity by zogger · · Score: 1

    When it became apparent that making digital copies was a close to free as things can get, all of society should have embraced and adapted it and adapted TO it. Instead, we got DRM and hyperinflated prices, enforced (legally) Luddism. Content distributors seriously dropped the ball and should have just gone on to find something else to do, it is now up to society to drag our technology back from those who are the real thieves, because in the LONG term, our collective use, and our rights in general, of using advanced technology trumps even their copyrights and laws and profits. There are some simple basic precepts here, number one is-humans are allowed to embrace new useful technology. No one group or industry should be allowed to steal it from the rest of the human race, which is exactly what they are attempting to try and do and failing at, but creating misery along the way.

    I will attempt an analogy: If tomorrow "we" came up with the zero point backyard Mr. Fusion universal cheap/free energy source, something that would immediately revolutionize travel, heating and cooling, manufacturing, etc, all the things we use energy for now, should we A)severely limit the use, restrict hell out of it, make it illegal in all sorts of situations to use it because the entrenched energy industries and their profits would suffer, or B) use it and get those folks to go on to do something else?

    The entertainment and otherwise "digital products" industries (software would have to be included, as well as books, etc, anything which can now be cheaply reproduced by the billions of copies) are going to have to come to grips with the fact that their products in copied digital form are worth barely a tiny bit more than the cost of replication,and as such, that should be the financial cost for other humans to accumulate "copies".

      We are in a transition stage where old world pricing models established back when making copies was actually a lot more tedious and expensive and took some effort, now..it just isn't so. There is obviously still *some* expense, but it is way less than 1% of what it was one generation ago.

      There is no perfect solution that will satisfy everyone at this exact time, there are quite legitimate points of view to be addressed all over in this situation, but the gestalt is-we have made such a *profound and significant* technological breakthrough here that has the potential to greatly enrich all of mankind that we should NOT artificially hobble and cripple it, that is the worst possible way to deal with it.

        DRM, extraordinarily high prices for cheap copies, laws against making copies, crippled and defective by design hardware, etc are all rather silly from a future historical perspective. It really *is* enforced flat-earth styled Luddism.

  66. Product activation by fyoder · · Score: 1

    The lack of product activation is a feature worth not paying for.

    Or worth paying for if it wasn't excessive. If there was a full featured version of XP that didn't require product activation and it only cost $10 more, that's the version I'd get to run in a VM (Linux is my OS of choice). But I won't have anything to do with any product that requires activation or requires bullshit 'Genuine Advantage' call home spyware. Those are absolute deal breakers. I don't know why people put up with it.

    --
    Loose lips lose spit.
  67. Reductionism rules! by Infonaut · · Score: 4, Insightful

    The war on drugs is about ensuring that citizens are addicted to indigenous drugs, and that the profits are centrally controlled.

    That doesn't explain why the US government has so aggressively gone after marijuana cultivation here in the US. It also doesn't explain why the extremely powerful tobacco lobby keeps losing in court battles, or how these profits are "centrally controlled."

    That's why it's OK for Americans to be addicted to cigarettes and alcohol but not cocaine or crystal meth.

    Umm... you do know that crystal meth is produced in the United States, right? You seem to also imply that the only reason cocaine is illegal almost everywhere stems from the fact that coca leaves don't come from the United States. Perhaps that's right, if you assume that cocaine is a benign substance, and there's a globe-spanning conspiracy to keep this beneficial substance from citizens everywhere.

    Having everyone addicted to cocaine is a threat to national sovereignty.

    By that logic, the fact that so many Americans can't do without coffee should be serious cause for alarm. Time to crank up the Blackhawks, bring the SEALs down to Columbia, and lets take control of those coffee fields!

    Having them addicted to meth is a threat to profits.

    Is that because meth-addicted people will buy less alcohol and cigarettes?

    The free market would have everyone buying cheap meth or homemade shine, or addicted to foreign produced coke.

    That would be swell. I like that idea. More addiction for everyone!

    As it stands now, they're buying whiskey, cigarettes and cough syrup, which is just the way those on top like it.

    Yes, because The Sinister Cabal that runs America has made it so. The tobacco lobby is totally unrelated to the fact that in many southern states, the biggest cash crop is tobacco. Voters there probably don't want to promote the interests of tobacco growers. They've been forced to do so by The Man. Likewise, the alchohol distributors have effectively maintained a monopoly by keeping foreign-supplied beer, wine, whiskey, and every other form of alchohol out of America. Oh, wait. They haven't.

    The war on terror, on the other hand, is easy to fix.

    Of course it is. Whenever the world is binary, the solution is obvious.

    Keep your military and your CIA at home, and there will be no terrorism.

    Absolutely right. It wasn't until the US pulled out of Northern Ireland that the terrorism there and in the UK stopped. The Red Brigades and the Red Army Faction were terrorizing Italy and Germany until the US military left Europe. The Basque ETA. The Pakistani groups operating in India. Abu Sayyaf. All of these groups obviously will disappear as soon as the CIA disappears and the US military ends all its foreign presence.

    The terrorists are after vengence because they have been and continue to be systematically wronged. By Americans.

    Again, you see through the nuance quite clearly. There are no opportunists in the world of terrorism. These are all idealogically committed individuals, ready to give their lives for higher principles. Certainly none of them are using terrorism as a vehicle to further profiteering or mere power grabs. I think we can all agree that any problems that occur anywhere in the world are the result of America's negative influence.

    Well, it might be too late now. I imagine there are a lot of orphaned children who aren't going to forget what was done to them.

    You're right. All of the Shia children whose parents were killed by Sunnis, and all the Sunni children whose parents

    --
    Read the EFF's Fair Use FAQ
    1. Re:Reductionism rules! by Antique+Geekmeister · · Score: 1

      The marijuana prohibitions started because hemp competed with other rope and paper making trades. It continues because marijuana interacts in interesting ways with the cigarette market, the established pharmaceutical market, and the odd belief that it is a "gateway" drug to addictive narcotics.

      OK, so maybe if weed was legal we'd have a lot fewer uptight Republicans, or at least their children would be unlikely to follow in their footsteps. Is this necessarily a bad thing?

    2. Re:Reductionism rules! by StrongAxe · · Score: 1

      | Keep your military and your CIA at home, and there will be no terrorism.

      Absolutely right. It wasn't until the US pulled out of Northern Ireland that the terrorism there and in the UK stopped.


      To be fair, while the US non-involvment in Northern Ireland has not stopped terrorism there, most of the terrorism there is not directed at the "evil United States". If the US stopped meddling in other people's affairs, other people would still keep klling each other, but they wouldn't have any reason to attack the US in the process. (Unless it's a case of "you promised to protect us in this war, but you didn't, you bastards!")

    3. Re:Reductionism rules! by Infonaut · · Score: 1

      If the US stopped meddling in other people's affairs, other people would still keep klling each other, but they wouldn't have any reason to attack the US in the process. (Unless it's a case of "you promised to protect us in this war, but you didn't, you bastards!")

      Perhaps. Then again, they might still find the US a convenient target. I think the parent assumes that *all* reasons for attacking the US are rational. I'm not so sure.
      --
      Read the EFF's Fair Use FAQ
    4. Re:Reductionism rules! by Anonymous Coward · · Score: 0

      Yeah, that would work...until those nice, stable nations who supply us with oil, uranium, rubber, coffee, etc. are invaded by their neighbors or overthrown by internal dissidents. Europe and Asia are no different: industrialized nations need certain things, and stability is good for business. As the events in Darfur illustrate, realpolitik and international power-brokering aren't strictly American vices. Please recall that the first Gulf War was a defensive war fought to protect a valuable American ally.

    5. Re:Reductionism rules! by Oligonicella · · Score: 1

      Please recall that Clinton said he'd "never legalize marijuana". Lot's of Repubs & other conservatives smoke pot. Don't be naieve.

    6. Re:Reductionism rules! by Antique+Geekmeister · · Score: 1

      I'm not: but getting the youngsters a bit more relaxed might help disband young Republican clubs in a lot of places.

  68. THAT IS NOT PIRACY by SmallFurryCreature · · Score: 4, Insightful

    I know what you are trying to say but you are playing right into the hands of the MPAA and RIAA and the like with these statements.

    Ripping a CD you bought to put the music on your mp3 player is NOT piracy. Yes the RIAA likes to call it that, wich is why they want to add a tax on mp3 players and want to force you to rebuy a track for each piece of equipment you buy it on.

    That CD you play on your stereo, a itunes track for your PC, the ring tone version for your phone and so on.

    HOWEVER that is NOT what you are legally required to do.

    As far as downloading a crack to run software that you bought, in free countries were politicians are not in the pocket of industry, this is 100% legal. Imagine it would be illegal for you to take the tape out of a cassette player and put it on a spindle player instead. For that matter, imagine the police tried to arrest you for breaking into your own car.

    The actions you claim to have done DO NOT fall under piracy (well unless you did them whole boarding a vessel with a cutlass between your teeth), they are fair use actions that your a perfectly entitled to do.

    To even call this piracy is to give the RIAA and MPAA exactly what they want, that consumers think that limits can be put on what can be done with products you own.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:THAT IS NOT PIRACY by TCM · · Score: 1

      The actions you claim to have done DO NOT fall under piracy (well unless you did them whole boarding a vessel with a cutlass between your teeth), they are fair use actions that your a perfectly entitled to do.
      Not so fast. That would certainly depend on where you live.
      --
      Of course it runs NetBSD. BTC: 1NT7QvbetmANwaMzhpVL6
    2. Re:THAT IS NOT PIRACY by Anonymous Coward · · Score: 0

      The MPAA may have shot themselves in the foot by making everything they don't like "piracy".
      I buy imported DVDs that aren't available in my country, and rip them so I can watch them on my region locked laptop. Quite legal as long as I am the only one watching, in private, but it's called piracy because I'm ripping it from disk.
      My father buys region-free Chinese bootleg DVDs for a couple of dollars, many of which seem to be burns of downloaded material. Quite illegal, but it's also called piracy.
      He doesn't see any difference between what he does, and what I do, since they are both called piracy. If the term piracy only referred to the illegal acts, he probably wouldn't do it. Calling everything piracy, legitimises the ones who really are stealing content, by equating them to those who are paying their way.

    3. Re:THAT IS NOT PIRACY by Anonymous Coward · · Score: 0

      It may not be piracy in the US, but in the UK, ripping a CD you have bought to play it on your own computer or MP3 player is illegal. Copying a CD you own onto a cassette to play it in the car is also against the law. "Fair use" is not the same in the UK as it is in the States.

  69. The problem by Anonymous Coward · · Score: 0

    There is now a high level of suckage on your iPod. You need to download some Kittie or Otep and put that on your iPod to counteract.

  70. Well duh by scwizard · · Score: 1

    I brought stuff from iTunes until the DRM started to piss me off. Then I learned to use utorrent.

    --
    ~= scwizard =~
  71. Re:The Individual Sense of Fairplay is the Best DR by russotto · · Score: 1

    The major problem with your theory is the "massive effort to engage in automatic copyright infringement" -- the earliest possible example being Naptster -- not only post-dates DRM (by decades) but post-dates the Digital Millenium Copyright Act (which was pushed to give DRM the force of law).

  72. Protecting our interests... by shmlco · · Score: 4, Insightful

    "The sole mistake Americans make is by automatically assuming that "The enemy of my enemy is my friend". All other mistakes including sending the military and the CIA are a mere consequence of this one."

    Actually, the major mstake we make, as a country, is assuming we have the right to interfere in the internal affairs of other nations. This is usually done to protect our "interests", which in turn is code for protecting the interests of our various companies and corporations. Read "Overthrow: America's Century of Regime Change from Hawaii to Iraq" and you'll see the same patterns repeated again and again and again.

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    1. Re:Protecting our interests... by swillden · · Score: 1

      Read "Overthrow: America's Century of Regime Change from Hawaii to Iraq"

      Where can I buy an electronic copy of that?

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    2. Re:Protecting our interests... by stanmann · · Score: 1

      Actually, the major mstake we make, as a country, is assuming we have the right to interfere in the internal affairs of other nations. This is usually done to protect our "interests",
      Except, that is the definition of national sovereignty. Protecting your interests at the expenses of other national powers. Don't like it. Go to war. That is how Nation-states hve been managing their affairs for thousands of years, and nothing will change it.
      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    3. Re:Protecting our interests... by dcam · · Score: 1

      No that is not entirely correct. America either through inaction or action will interfere with the internal affairs of other nations due to its sheer size. Yes it intereferes actively more than necessary, but that is not the real problem.

      The real problem is America is very short sighted. 5 years is a long time for America. This leads them to apply short term solutions to long term problems. It results in America making a rod for its own back (for example the taliban, iraq, iran).

      --
      meh
  73. Of course it does! by WheelDweller · · Score: 1

    If you make something scarce, it develops a "black market". If you could get the sonds you want, in good quality, maybe with a little artwork or something for $1US, you wouldn't waste time trying to find it on the net, now, would ya?

    How do people forget supply and demand so easily? See also: Minimum wage. DRM is an artificial market force, and one that is, or soon will be, broken to allow everyone on the black market to have it.

    --
    --- For a good time mail uce@ftc.gov
  74. Re:Commodification by Anonymous Coward · · Score: 0

    So the female vs male sexuality note is actually valid all the way down to the physiological and biochemical level. As far as procreation is concerned male sexuality is not a scarce resource. Female is.

    And when that female is looking to become impregnated and reproduce, it makes sense for her to behave illogically and to be manipulative and to otherwise do her best to seize control of the relationship, because the whole deal is a huge investment for her while the male could possibly just walk away.

    Any sentiment I have that is disparaging towards females is because they insist on attempting to seize control of any and all relationships in which they are involved, be it romantic, just friends, or sexual and for the purpose of reproduction. One way I like to say it, is that they will constantly try to take your balls away from you and if they succeed they will hate you for it.
  75. DRM only created condition #3 by davidwr · · Score: 1

    Scarcity and legal-market street price are not dependent on DRM.

    I can just as easily sell a CD for $2 as $200 with or without DRM, and I can just as easily do a large manufacturing run as a small one.

    DRM does make the product less useful and therefore generally less valuable.

    If you are going to manage your digital rights, do it using add-on features, such as technical support, exclusive club memberships, or rebate coupons on future products. Don't do it with the base product.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  76. Re:Commodification by Vengeance · · Score: 1

    I say be glad. It's better to know up-front where someone is coming from, particularly if they're coming from a hateful place such as that.

    --
    It was a joke! When you give me that look it was a joke.
  77. Re:Commodification by Quantam · · Score: 2, Insightful

    The only way your post makes any sense is if you completely misunderstood me. By "you only have so much sperm" I meant you can only produce sperm at so great a rate. And the optimal rate for fertility is sex 2-3 times per week, hence the 150 children a year statistic mentioned previously.

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  78. Re:Commodification by Quantam · · Score: 1

    The only way you could get that kind of yield is through artificial insemination, which would cost an insane amount for that many times. You can only produce sperm at so great a rate, and I'm nearly positive that the most fertile man to ever live could not produce enough sperm for 2000 productive intercourses a year.

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  79. Not surprising by Bert64 · · Score: 1

    DRM was never meant to stop piracy, that was just a thinly veiled excuse...
    DRM is meant to squeeze more money out of paying customers.
    The only piracy it will stop, is the casual copying that goes on between schoolkids.
    I remember the old games that used a printed code wheel, or made you enter codes from a manual... I lost the manuals so often that i ended up using cracked versions even if i had bought the original games.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  80. DRM is thier lock, on my stuff by blagooly · · Score: 1

    My lock is on my door, DRM is thier lock on my stuff.
      Remove DRM and piracy continues,paying customers still pay,but more will be interested. Keep DRM and piracy continues,but over time more paying customers are alienated.

  81. BS by Orig_Club_Soda · · Score: 0

    Music DRM came after online file sharing was out of control. Movie DRM was a direct result of overseas counterfeiting.

    1. Re:BS by tkrotchko · · Score: 1

      "Movie DRM was a direct result of overseas counterfeiting."

      Except the DRM on DVDs isn't a hindrance to illegitimate disk duplication. Yeah, it prevents grandma from copying the disk, but nobody else. And even if CSS had never been cracked, the disks could be duplicated using professional equipment that the counterfeiters typically have.

      I think the DRM on DVD's was more closely related to RCE protection in place on most disks.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    2. Re:BS by Orig_Club_Soda · · Score: 0

      Actually, the original "DRM" on DVDs didnt prevent copying. It protected distribution from places like China to the US.

      All of which is irrelevent to this post which claims that there wouldnt be piracy if there wasnt DRM.

  82. Re:Commodification by Anonymous Coward · · Score: 0

    Dude, your wife isn't lovely, and your daughters aren't beautiful, despite your delusions to the contrary - trust me on this (and it has nothing to do with their being Jewish: Generally, a guy that asserts such in any online forum is incorrect and it's a good general rule to follow).

    But, GOOD for you, for standing up for them, even when they weren't the direct target of what was obviously flamebait.

    Now, go away, please? With a 4-digit UID, you should be ashamed to have responded.

    Well, unless you bought the account on eBay, of course.

  83. Exactly by Infonaut · · Score: 1

    The marijuana prohibitions started because hemp competed with other rope and paper making trades.

    Yep. That's domestic politics. I was merely pointing out that the parent was wildly off base in his string of assumptions. As for whether pot is legal in the US or not, that's a separate issue. Personally I think it should be legal. From what I've seen, it is far less harmful than cigarettes or alcohol, and it is only a "gateway drug" because it and other much more harmful substances are lumped into the "forbidden fruit" category.

    --
    Read the EFF's Fair Use FAQ
  84. Yeah, ShieldWolf, you got it... by Anonymous Coward · · Score: 0

    So ... I get it. The Koran didn't say a word about Islamic believers killing those they perceived as so-called "infidels" until after the Americans and their CIA started interfering with other countries. Only then was all that infidel language added in........

    Ummm, R-i-i-i-i-i-i-i-i-gggggghhhhhhhtttttt..... Ohhhkay....

    Oh by the way, if you're that gullible and misinformed, come stop by and visit. There's a bridge in my hometown I can sell you at a really reasonable price.

  85. DRM eBooks by Orion+Blastar · · Score: 1

    I think some eBook DRM places a watermark into the eBook with your personal info so they can track it down to you if you spread it over a filesharing network, etc. It won't prevent it from being copied from machine to machine. I think that is a better way of preventing piracy than copy protection.

    Still a lot of people use piracy as a "try before you buy" way of demoing software or media before buying it, or using the pirated version because it lacks the copy protection, etc.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  86. Give us content worth paying for. by Anonymous Coward · · Score: 0

    At .99 cents a song, I can and am happy to buy any music I want via iTunes. I dont care one jot about Apples DRM. I like iTunes as a player. The thing is that virtually nothing on iTunes Store is interesting enough for me to spend money on. Maybe $40 for all of 2006 (plus they had that prize giveaway). The music I like is imported... which gets really expensive.

    Tell ya what I do spend good money on... hardware and books.

  87. Re:Commodification by Quantam · · Score: 1

    Hmm. I'm pretty sure that I could produce at least 2000 kids without really trying. Given enough attractive women (assuming 100% inception rate) and still having a day job. Without a day job, if I made it my only effort in life, I could possibly hit 3 times that.

    Now there's an interesting thought. The priesthood is having all these problems with priests molesting kids because of the requirement for celibacy and the basic problem of fundamental sexual desire. But what if this desire could be overridden? If they made initiates have sex 18 times a day for a few weeks straight, that might completely kill the desire for sex (yes, you can indeed have too much sex). Hmmmmm...

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
  88. The original author... by Anonymous Coward · · Score: 0

    ...is a moron. Piracy has been happening forever. Even if programs/music/whatever didn't have any form of protection, using it/downloading it/whatever, is still piracy if you didn't pay for it.

    Fucking piece of shit Slashdotters thinking the deserve everything ever created, just because....all for nothing...

  89. ...then lack of DRM "causes" lack of piracy. by Anonymous Coward · · Score: 0

    Maybe some people have no sense of morality at all, but I deleted my pirated copy of Galactic Civilizations after reading about the Stardock vs Starforce controversy.
    In this case, the lack of DRM has directly reduced piracy, and I'm too optimistic to believe I'm the only honest person on this planet (even considering I'm not too honest for pirating it in the first place).

  90. Re:The Individual Sense of Fairplay is the Best DR by Anonymous Coward · · Score: 0

    Since every human is guilty of something. I think we should just declare summarily all humans are guilty. Sentence the earth and all life on it to death. And fuck it all. Let's have a nuclear oblivion party. Fuck you. Fuck me. Fuck all this shit. Abiding by the law is supreme. Zeig Heil. Now where's my damn money. Or I'll break your god damn legs and take liberties with yer wife in front of your kids...

    Oh humanity, where is the love? Fuck all this legal nonsense and let's forgive, forget, work together, take care of eachother and go after the people hoarding all the resources. Who gives a shit any more. We have the capacity make sure every one has their basic needs met, housing, water, food. Let's get our priorities straight...

  91. Wrong Use of "anti-semitic" by Anonymous Coward · · Score: 1, Informative

    Anti-semitic doesn't mean "anti-jewish". A Semite is someone of middle-eastern descent. Thus, anyone from that region of the world is a Semite, and some who is anti-semitic is someone who is anti-"person-from-the-middle-east".

  92. Like saying having SEX causes AIDS by Anonymous Coward · · Score: 0



    That's like saying having SEX causes AIDS - ridiculous.

  93. Re:Commodification by mdmkolbe · · Score: 1

    This probably wouldn't work. First of all, the pedophilia rate is highest among married men. So if anything celibacy helps keep priests on the strait and narrow. Secondly, our appetite most pleasures increases the more we indulge that appetite. Forcing inmates to go on sex binges would more than likely lead to their brain becoming dependant on the hormones that are released by sex. In short, it would get them physically addicted even if they became psychologically adverse to it.

  94. So let me get this bent... by Anonymous Coward · · Score: 0

    An interesting quandry. For the public to use technology to commit dishonest acts is seen as a right. For content creators to use technology in self-defense (much like locks are used as self-defense) is seen as hurting themselves.

    "His not saying everyone deserves their product for free, he's saying using DRM is going to negatively impact their bottom line."

    I'm waiting for society to realize that piracy is going to "negatively impact [it's] bottom line."*

    *For those of the myopic persuasion, I'm not just talking about money.

  95. Bullshit by SuperDre · · Score: 0

    That is utter bullshit... Piracy was already triving before DRM was introduced... Most people who buy DRM based stuff won't have any problems with it... It's the bitching nerds who keep screaming and trying to defend their actions, but it wouldn't matter if it hadn't DRM, because they would even copy it more as it's much easier to copy non-DRM stuff...

  96. Re:Commodification by DrifterX79 · · Score: 2, Insightful

    Nice, take a slight at an ethno-religious group, play on a guy who chooses to voice his disgust at the remark that he felt was directed at his ethno-religious beliefs, and slight him even more by espousing you beliefs on a religious ceremony, by asking his to ponder your personal beliefs on circumcision. Nice...I applaud you...to bad I didn't have any mod points left to bring you even more off topic. Some things are personal choice, deal with it. Now if you were circumcised by your parents choice and don't like it, sorry. If you had a botched procedure and it caused you to lose normal function, I understand your reasonings here. But if you feel so strongly voice your opinion intellectually, don't just point us over to a site advocating making a procedure that is either a religious matter or a traditional matter illegal by law. That offends me personally. If you want it to change inform people, don't ask for more laws to invade my rights to carry on a religious or social tradition. The arguments your organization sites against circumcision just are not enough to justify mandating new laws. Laws just get in the way of living. I'm sorry that this bothers a small number of you, but I assure you you are not in the majority here.

    just my 10 bits

    Now about DRM causing piracy... I can see that. Lets make a law banning DRM ;)

  97. Mostly rubber. by Anonymous Coward · · Score: 0

    "But look at some of the books on eReader [ereader.com]. For instance, A March into Darkness by Robert Newcomb [ereader.com]. $17.95 for the DRM'd ebook at eReader, $17.79 for the unprotected hardcover at Amazon [amazon.com]. Granted, this probably isn't the best example because the list price for the hardcover is actually $26, and you can knock 10% off the eReader price by using their newsletter discount code, but it only took me two minutes of searching to find it. If I wanted to look longer, I could probably find a lot more egregious examples."

    And what's "egregious" about paying for the cost of creation? Apparently schools have stopped teaching about "mass production", so I'll explain it here. Mass production is a way of distributing the costs of creation across a wide economic base, so that the majority can afford the item in question.* Your item also costs a little bit more because of that "intangible" (but people are willing to pay for it) convenience. At least you all have a choice.

    *I'll leave it as a later exercise as to what happens when the economic base shrinks due to "fruit picking".

  98. Not surprising Foot-power. by Anonymous Coward · · Score: 0

    "[Security] was never meant to stop [crime], that was just a thinly veiled excuse...
    [Security] is meant to squeeze more money out of paying customers.
    The only [crime] it will stop, is the [boys will be boys] that goes on between schoolkids."

    So how many here are willing to give up their security, so that the "honest" can exercise their "fair rights" to listen to your stereo anywere they want?

    "I remember the old games that used a printed code wheel, or made you enter codes from a manual... I lost the manuals so often that i ended up using cracked versions even if i had bought the original games."

    Yeah! It's always someone elses fault that you're careless.

  99. Re:Commodification by Artifakt · · Score: 1

    I didn't mod it either insightful or flamebait, and I would find the poster's antisemitism and misogamy repulsive if it wasn't simply foolish in someone bright enough to understand the basics of market theory. However, you apparently don't understand how the original poster is using the word comoditization, and it is a standard and quite acceptable use, some economists would even say the preferred use. Please allow me to elaborate.

    In this use, not all saleables are commodities. Most objects or services for sale have prices well above the level they would if they were priced as commodities. In fact a commodity price is effectively the bottom level price for things in that economy, usually as indexed to some reasonably objective standard, such as the energy cost to produce item X. Commodities have low profit margins. Things that are generally commoditized are nearly ubiquitous in their era, and proportionately cheap compared to whatever else anyone is buying, usually because there are many sources of supply and those sources either can't or for some reason haven't entered into a cartel or otherwise found some ways to create barriers to entry or fix prices.
          Medical services, for example, are very far from a commodity - reducing the educational requirements for doctors, preventing doctors from associating in mass, or at least from using the AMA as a means of lobbying legislatures, or removing laws prohibiting some alternative medical practices would all be steps that would in theory shift medical care closer to commodity pricing. (Note that a shift towards commoditization, in such case, may have other, undesirable consequences).
            Fancy foodstuffs such as french wines are normally far from commoditization. Basic foodstuffs such as dried beans are very close to absolutely commoditized. So's Sam's Choice generic soda in 2 liter bottles. Steaks in New York are pretty durned far from commodity status. Steaks in El Paso TX are at very near commodity prices. A 30" plasma display is much farther from commoditization than a 15" CRT display.
            Of course sexual organs are close to commodities by this definition. There's lots of them around, certainly no one has a corner on the market, and they are sold (well usually offered for very short term lease) by at least some posessors. In market theory, prostitution should show a lot of tenedencies towards commodity pricing. It categorically does - for example, the average base price for a sex act by the lowest grade of prostitute marches, and apparently always has marched, in near perfect lockstep with the price of a fix, whether it be a crack rock today, a pint of Gin in the 1890's in the Whitchapel district of London, or a pot of beer in Babylon 4,000 years ago.
              And yes, the RIAA and MPAA do have strong concerns that the price of media will drop to near commodity levels as it becomes obvious there is overwhelming supply and demand is predicated on an illusion of scarcity. Saying 'fear' might be metaphorical, but personally, I don't think that word is too strong at all.

    --
    Who is John Cabal?
  100. Name it: it's Digital Restriction Measures by Stephen+Samuel · · Score: 1

    Forget about the euphemism. Use a name that actually describes what DRM is... Digital Restriction Measures.

    --
    Free Software: Like love, it grows best when given away.
  101. Civ 4 by m50d · · Score: 1

    I had to pirate a (second) copy of civ 3 to be able to play it under wine. I read in the interview here that they were sticking with safedisc for civ 4 regardless of how many problems it caused for legitimate users. Whoops, looks like you just lost my sale.

    --
    I am trolling
  102. Re:Commodification by pudro · · Score: 0, Offtopic

    Are you anti-semitic? Not only do show no respect for Jewish beliefs, but you want his son to get HIV?

    --
    Freedom is assumed. Then they try to take it away. The degree to which you resist is the degree to which you are free.
  103. Good Point by TheVelvetFlamebait · · Score: 1

    Information may want to be free, but we can't always get what we want.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  104. Re:he Individual Sense of Fairplay is the Best DRM by yintercept · · Score: 1

    Personally, I saw DMCA (pdf), passed in 1998, as an attempt to clarify rules, to set industry standards. Most of the talk I heard on DMCA prior to its passing was about laws related to publishing software or making hardware specifically to circumvent copyright protection devices or to remove copyright information from works. The 1998 DCMA was about the computer industry trying to find a way to curb the development of technology specifically for violating copyrights. It was not really aimed at the individual. It was aimed at corporations.

    The copyright-pirating as a culture war thing was a completely different issue. That was an attempt to simply swamp the whole system. The really ugly stuff like the DRM software embedded in music formats came after the piracy-revolution. If that revolution had not happened, I believe that we would be seeing a much saner industry today.

    The piracy culture war was basically a statement that a radical group would not play by the rules passed. That gave the culture warriors on the right the chance to stomp on everybody's head.

    Today's article seems to understand that individuals are not the threat to the welfare of copyright holders. It is only the mechanized violation of copyright that poses a threat.

  105. Completely Offtopic by TheVelvetFlamebait · · Score: 1

    Reading your post, it makes me think. What exactly is the problem with government interfering with the market? What makes it so different to other market forces? I mean, even if he government stayed right away, these companies would still be trying to do the same damn thing: lock you in and lock out competition. They'd just try it from a different angle (like DRM or collaboration with hardware companies). What difference does the government make?

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  106. Not wrong, just possibly flawed. by Kadin2048 · · Score: 3, Insightful

    This is perfectly fair, however, what's happening is that the at-risk business model really isn't practical anymore. Once the movie is made, it's difficult to monetize it, because copying it is trivial.

    I don't really have any problem with people trying to make movies, or even to make money by making movies. That's a legitimate occupation in my book.

    What I have a problem with, is when they try to alter the economic and technological landscape in order to make it easier for them to use a particular business model. That's where I draw the line. I could think of a lot of ways that I could change the world that would make it easier for me to make money, but that's just not how it works. The rest of us basically have to work within reality as it's presented to us, and we have to figure out ways of making money and otherwise surviving within that.

    The content producers want to, and are petitioning (read: bribing) government for, is to entrench their business model at the expense of other possibilities, and at the expense of a whole lot of other things besides (not least of which is my freedom to do whatever the hell I want with the equipment I've purchased).

    There's nothing inherently wrong with their business model, it just may not work. They're welcome to try, but if it doesn't work, I expect them to pick up and go back to the drawing board and figure out another way to finance movies, if making movies is what they want to do. For them to instead pour a ton of cash into, and generally mess up and corrupt, government, in order to keep a flawed business model around, is unacceptable.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Not wrong, just possibly flawed. by Anonymous Coward · · Score: 0

      "What I have a problem with, is when they try to alter the economic and technological landscape in order to make it easier for them to use a particular business model. That's where I draw the line. I could think of a lot of ways that I could change the world that would make it easier for me to make money, but that's just not how it works. The rest of us basically have to work within reality as it's presented to us, and we have to figure out ways of making money and otherwise surviving within that."

      Keep that in mind next time you're "surviving" because outsourcing has taken your job away. It's easy to tell others what they should do (ironic for a freedom-loving forum), but it's quite another when "reality" comes to your doorstop.

      "The content producers want to, and are petitioning (read: bribing) government for, is to entrench their business model at the expense of other possibilities, and at the expense of a whole lot of other things besides (not least of which is my freedom to do whatever the hell I want with the equipment I've purchased)."

      Except I've already seen it demonstrated that slashdot (ironic for a geek site) has misinformed ideas as to what fair use really is, and just make up things as they go along.

      "There's nothing inherently wrong with their business model, it just may not work. They're welcome to try, but if it doesn't work, I expect them to pick up and go back to the drawing board and figure out another way to finance movies, if making movies is what they want to do"

      An easy thing to say, when you don't have to create a "new model" out of whole cloth. So far all the "new models" have done is focused on distribution. I would submit that there is NO "new model" that will work when pitted against an amoral public. The only choices are, not creating content. No one wins there. Not the creators, not the amoral public. Creating content that's less risky. You're seeing that with games already with the subsiquent complaints about "gameplay". When that comes to movies and music there will be no more LOTR, or any of the other "geeky" content that the present model provides. Once again no one wins there. The present model is like democracy. It's not the best, but all the solutions are worse. They ignore the world for the sake of a minority.

    2. Re:Not wrong, just possibly flawed. by montyzooooma · · Score: 1

      Actually the alternative isn't no content the alternative is Youtube style content. Scarier.

  107. Re:Commodification by Serious+Callers+Only · · Score: 1

    Of course sexual organs are close to commodities by this definition. There's lots of them around, certainly no one has a corner on the market, and they are sold (well usually offered for very short term lease) by at least some posessors. In market theory, prostitution should show a lot of tenedencies towards commodity pricing. It categorically does - for example, the average base price for a sex act by the lowest grade of prostitute marches, and apparently always has marched, in near perfect lockstep with the price of a fix, whether it be a crack rock today, a pint of Gin in the 1890's in the Whitchapel district of London, or a pot of beer in Babylon 4,000 years ago.


    In my opinion this meme of commodification, whilst it may be a useful economic tool, is best left to economists, as for the majority of posters I have seen on Slashdot it seems to have come to mean 'cheap stuff', being unaware of course of the Marxist origins of the term, and without the nuances attached in your post above. Wives (which the original poster specifically targetted in his post, probably just to troll better) are not commodities, and do not sell sex in any meaningful sense, except on Slashdot of course. You had to resort to prostitutes as an example (where it is more relevant obviously). So your entire post is I'm afraid irrelevant as an explanation for this troll.
  108. interesting by alizard · · Score: 1

    and surprising.

    I'd expect that at $15, nobody would bother to print a 250 page textbook because that would be at least 1/2 of a $40 ink cartridge plus paper, plus the extra hassle of either setting the printer to print duplex or having to deal with a PITA physical book held together with document clips and printed on only one side of the page. Plue whatever the value the student assigns to his time.

    1. Re:interesting by bcrowell · · Score: 1

      I think in a lot of cases, it's mom and dad who are paying for the inkjet cartridges. You also have to think like a penniless community college student, not like someone who has a real job. I agree that it's strange, but in any case, that's what I see happen.

  109. Re:Commodification by Stormwatch · · Score: 0, Flamebait

    What's this politically correct bullshit about tolerating others' traditions at all cost? Fine, then let's not annoy those africans who want to mutilate their daughters either. What about the Skoptzy, the russian castration cult... and the Thuggee, the indian murdering thieves cult... poor misunderstood folks, huh?

    If you're that offended, it's simply because you fail to fathom the evil that this "tradition" does. Many jews already do, and some are very vocal supporters of the anti-circumcision movement. Look into it if you don't believe me.

  110. Re:Commodification by Stormwatch · · Score: 0, Offtopic

    I don't respect anyone's beliefs, if "respect" means "not opposing a blatant violation of human rights".

    About HIV, there's thing called "condom", haven't you heard of it?

  111. dowloaded unusable cd's by cafeteria · · Score: 1

    Since my slightly-to-intelligent Denon cd player refused to play Sony cd's and Sony did not respond to my emails, the only option I had was or to rip the cd's or to download them. I choose the latter for convenience.

  112. My experience yesterday.... by goober1473 · · Score: 1

    I purchased Supreme Commander last week from Amazon, the first disk didn't seem to have anything on it so I ordered a replacement thinking there was some manufacturing defect.

    The next disk was the same, basically Securom stopping me from reading the disk. So the fix was to make an ISO of the disk on one of my Linux boxes and then install from this using my key, and download a no-cd crack. The game now works, but my media is useless.

    The only person suffering here is the legitimate end user, if I had pirated the game in the first place I would have ended up using the same methods above, the only thing I get is a CD key for online play. Support has been next to useless, handy tips like remove nero and the like are suggested, if I don't want Nero on my PC I wouldn't have installed it in the first place!

  113. Money is their measure by Anonymous Coward · · Score: 0

    We had culture produced without copyright for millennia. Seems we still have greek and roman classics...

    You see, the *AA use money as their bottom line. They are merely a channel between people who want the culture and the people making the culture. Now they can connect nearly directly and the *AA aren't needed: their money earnt is less. So they see it as the result of piracy (which had been going on in the way it has always been) to justify why they are still needed: we will protect you.

    Your problem seems to be that you want to make the few pirates and personal sharers the 100% of the public, in the same way as the 80%+ of music/music middlemen apply DRM and are 100% behind the creation of new laws to protect their privilege.

    99% aren't going to use dishonest means to get the works if the works are made available in a valuable format.

    100% of the *AA are going to use dishonest means to protect the works and cause the 99% to see it as more profitable to take than to pay.

  114. NOT rationalizing theft... by bwcbwc · · Score: 1

    He's not trying to justify piracy, he's trying to justify his company's policy of publishing eBooks in HTML and RTF format with no DRM. Preaching to the choir with this group, but not amongst his competitors.

    --
    We are the 198 proof..
  115. My first act of software "piracy"... by argent · · Score: 1

    ... was in the early '80s. I bought a copy of the game "Wizardry" for the Apple II, and the "copy protection" was so extreme that only way I was able to get a copy that worked reliably was to find one of the local "pirates" and get him to give me a cracked copy. Which he was only too happy to do: he was tickled pink to be asked to write a cracked game *on top of the original diskette*.

    Yep, I got my cracked copy on my original foil-labelled serial-numbered floppy. Why not? It wasn't doing me any good any other way.

    DRM is just the latest spin on copy protection, and it's just as counterproductive.

  116. Mixing up the article and the summary. by argent · · Score: 1

    It's a shame this part of the article was quoted, because it's really his weakest point.

    It's not his point at all. He didn't say "DRM causes piracy", he said "DRM causes MORE piracy".

    DRM doesn't CAUSE piracy, but it sure PROMOTES it.

  117. Statement: Insightful. Sarcasm: overrated by Mateo_LeFou · · Score: 1

    Exactly, sorta.

    As a free-culture advocate, here's what I do upon pointing out that the marginal cost of digital goods is zero. I get out my pencil and start trying to think of ways to cover the Initial Cost.

    If I've been drinking, the first thing I jot down might be: "get everyone on the planet to mail you 1/10 of a cent up front". But (even if I've been drinking) I quickly cross that out as unrealistic.

    I jot down stuff about patronage by rich individuals, by well-to-do groups and how these might be organized. I jot down stuff about tangential, rivalrous goods that could be sold (ye olde T-shirts and swag strats) to wider audiences. I jot down stuff about reducing the cost of production...

    Generally, about this time, some "Insightful +3" comes by and contributes, thus:
    Hey, you idiot! The marginal cost is zero, but the initial cost isn't!! So you're wrong!!
    or
    Idiot! Getting everyone to mail you 1/10 of a cent is unrealistic!!!!!

    It's really frustrating.

    --
    My turnips listen for the soft cry of your love
    1. Re:Statement: Insightful. Sarcasm: overrated by DavidTC · · Score: 4, Insightful

      The really fun thing about any copyright discussion here is watching one set of people arguing 'What is needed', namely, how we 'need' copyright law, against people who say that copyright law is a violation of their rights, past people who are arguing 'What is true', that copyright law used to rely on a level of inconvenience that is now gone and thus is almost totally unenforceable.

      We may, indeed, need copyright law to continue to encourage content producers. That is totally orthagontal to whether or not enforcing copyright law is possible in a digital world.

      If you fall out of an airplane without a parachute, you can argue that you 'need' to reduce your speed before you hit the ground, and you'd be correct. You could argue that free-falling is kinda fun, and you'd be right too. Or you could argue that you have no way to do the first thing, and you'd also be correct. Sometimes there is not actually a 'correct' solution.

      We may, indeed, smash into the ground so hard we destroy quite a lot of produced content. Arguing that we 'shouldn't' do that is rather surreal, considering we already jumped from the plane.

      If everyone works together, they might be able to invent, at least, a hang glider or at least aim for a lake. But we have way too many people arguing about what 'should' happen, without considering that there is absolutely no way to do what they think 'should' happen so perhaps they should aim for something a bit more likely.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    2. Re:Statement: Insightful. Sarcasm: overrated by Robotech_Master · · Score: 1

      I jot down stuff about patronage by rich individuals, by well-to-do groups and how these might be organized. I jot down stuff about tangential, rivalrous goods that could be sold (ye olde T-shirts and swag strats) to wider audiences. I jot down stuff about reducing the cost of production...
      The problem with patronage is that it gives the patrons the right to censor or make change in the thing that is patronized. You see this all the time in sponsored TV shows: a sponsor insists that changes be made, often to the detriment of the story, until sometimes the show can end up looking completely different than it had been intended to be. (This was quite rampant in Japan in the 1980s, where a favorite refrain of toy and model companies sponsoring TV series was "Stick giant robots in it, it worked for Macross, and that way we'll have something to sell.")
      --
      Editor Emeritus and Senior Writer, TeleRead.org
    3. Re:Statement: Insightful. Sarcasm: overrated by Mateo_LeFou · · Score: 1

      Don't be silly; the mechanism of funding artistic creation *always influences its content. Patronage does so -- as you point out -- and *so *does a conventional/societal "property right" in the creation, by which the work becomes an economic commodity.

      If you think there isn't a censorship mechanism in the "content industry" we presently have, you're ... well, I better not finish that sentence in the interest of maintaining karma.

      --
      My turnips listen for the soft cry of your love
    4. Re:Statement: Insightful. Sarcasm: overrated by StrongAxe · · Score: 1

      I have no problem with the practiality or reasonableness of patronage in the arts.

      What I was commenting on was the impracticality of the parent's post. Funding a $6M grass-roots by finding a thousand patrons willing to front $6K is not unreasonable. However, the parent wrote amortized over 6,578,462,507 [census.gov] people, and having every person on the planet contribute a tenth of a penny is unreasonable.

  118. Re:Commodification by P(0)(!P(k)+P(k+1)) · · Score: 1

    Are you anti-semitic? Not only do show no respect for Jewish beliefs . . . .

    Aha! That's what I always suspected: “anti-Semitism” is merely the failure to worship Jews, let alone oppose them.

    Quoth Nietzsche: “Das Heil kommt von den Juden” (Salvation comes from the Jews).*

    _____________
    * Nietzsche, The Antichrist, 24.

  119. Nonsense by Anonymous Coward · · Score: 0

    You all are speaking nonsense to me. Sure, DRM and the RIAa sound evil in theory, but this doesn't affect me at all. I buy a CD, I put it on my iPod, (or buy it from iTunes and put in on the iPod) with Microsoft XP and Microsof t2003. Simple. No fancy Mac, Linux or Vista crap. No mysterious ripping, burning, P2P, torrenting, etc. I buy a DVD, I watch it on my DVD player, on my TV screen, not on a portable laptop in the middle of the forest. Simple. DRM does not affect me. All this stuff sounds good in theory, with supply/demand, market forces, etc, but practically speaking, its nonsense.
    (My only potential problem is the price of DVDs, and also not being able to view a missed TV show, but I assume Tivo will take care of that for me)

  120. Winzip? Mirc? by subsoniq · · Score: 1

    ... And other cheap shareware type programs, all heavily pirated and distributed through pirate sites or p2p, and this includes key makers to unlock the legit shareware versions you download as well as full blown versions that have had any sort of locks removed.

    Software is pirated because there are people with the technical know how who want this stuff for free, even if they're quite capable of paying for it. Yes, there are some big ticket items that are pirated a lot like Photoshop, Windows, etc, but there are just as many cheap software products that are pirated heavily, ask any shareware developer about it.

    I'm against DRM just as much as anyone else, but lets not start trying to blow smoke up peoples asses like RIAA or MPAA does.

  121. Re:Commodification by thePowerOfGrayskull · · Score: 1

    Any sentiment I have that is disparaging towards females is because they insist on attempting to seize control of any and all relationships in which they are involved, be it romantic, just friends, or sexual and for the purpose of reproduction. One way I like to say it, is that they will constantly try to take your balls away from you and if they succeed they will hate you for it. Now this is just a slim possibility, but it /could/ be that the problem lies in your choice of women...
  122. Re:Wrong Use of "anti-semitic" by DavidTC · · Score: 2, Insightful

    You dumbass. The word 'anti-semitic' does, in fact, mean 'anti-jewish', or, more specifically, 'jew-hater'.

    Why? Because that's what it was coined to mean, fairly recently, and that's what people use it to mean. You cannot deconstruct words into their root forms and argue that the roots mean the word means something different, language doesn't work that way.

    In your universe, a 'light switch' is a misnomer because it's actually controlling electricity, not 'light', and an 'automobile' would include those subway trains that drive themselves, but not cars.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  123. Re:he Individual Sense of Fairplay is the Best DRM by russotto · · Score: 1

    Again, your theories are destroyed by the timeline. DVD-CSS -- which counts as "really ugly stuff" -- pre-dates the DMCA and your so-called "piracy revolution". So does Macrovision -- a secondary purpose of the DMCA being to protect that scheme. The DMCA wasn't about the computer industry trying to find a way to curb the development of technology specifically for violating copyrights. It was about curbing the development of technology for disabling DRM schemes. And since it doesn't take a corporation to develop such technology, merely an individual, it doesn't make sense to claim the DMCA was aimed at corporations. Nor has it been used in practice as such -- e.g. while Elcomsoft is a (small) corporation, but it was the individual Dmitry Sklyarov who they went after first.

    As for the "stomping", the "stomping" has been done largely using two laws passed prior to Napster. One, the DMCA, and two, the No Electronic Theft Act of 1997 -- the latter being the one which criminalizes copyright violation not done for profit, by counting the value of the copyrighted good as financial gain. You can't blame post-Napster pirates for that stomping.

    You're right about one thing -- many people (if a "radical group", a rather large one consisting of everyone who has knowingly traded copyrighted work or used DVDShrink and its like) have effectively made the statement that they will not play by the rules passed. But why should they? The rules were bought and paid for by their opponents... are they supposed to just sit back and say "well, they bought those rules fair and square and now we should just quietly obey them?"

  124. However-Monorities. by Anonymous Coward · · Score: 0

    Welcome to "Your Rants Online". I'll point out, Mr minority that copyright is for everyone. Not just all the entities you just listed. Your "free-for-all ignores that.

    "Just about any other system, including having a free-for-all, is going to work better than the current system."

    Except for the fact that you don't make any distinction between the "current system" and the previous system. You just make bold statements that you don't have to support. The historical record shows that copyright as an idea works and it works well, otherwise you wouldn't have a house of plenty to enjoy.

    "Copyright also leads to more advertising by restricting alternative distribution (compare TV via P2P and over the air), and advertising is a terrible way to raise money for anything."

    It's a good enough suggestion for Wikipedia apparently. Guess the "beggers" model doesn't work so well.

  125. good points by alizard · · Score: 1

    Well, one could cut down the ink price quite a bit by using a Canon printer which uses separate ink tanks and either buying refilled cartridges and/or doing one's own refilling with high-quality ink (I do both) . . . but since I get paid for my time, I still wouldn't print out a $15 textbook.

    Of course, that'll be a moot point when someone comes up with an e-book reader suitable for textbooks. I use my Palm PDA as one for most fiction I buy / download, but a 160x160 screen with 4 gray-scale levels per color is NOT something I'd want to use on a textbook where I actually need to see the illustrations.

  126. Re:Isn't that what they want? Not Quite! by speculatrix · · Score: 1

    I do the same, I use the wonderful DVDShrink to rip the bits of the disk you want to watch; by stripping off the useless soundtracks etc it can make even long movies fit onto a 4.7GB disk.

    Given that my wife mildly abuses DVDs and my young son has no concept of caring for them, it's also a vital step in protecting my "investment".

    If the studios, movie or music, actually lived by their concept that we are buying licenses to watch or listen, and not the media + freedom to do what we want with the content for personal use (rip, backup, sample etc) then they would be willing to replace the media in the event of damage at cost.. e.g. US$1 inc P&P for swap old for new. In the past when I've had a damaged disk I've yet to be able to get it fixed and have to take a backup of a friend's, or download.

  127. Re:he Individual Sense of Fairplay is the Best DRM by yintercept · · Score: 1

    I was working with Lotus Notes and other data replication technologies well before the Napster revolution. I went to conferences about the various technologies. What I experienced before the Napster revolution was a great deal of talk about finding ways to balance the needs of the content creator with the replication technology. What I experienced was a lot of thoughtful peopld engaged in quality discourse.

    During the great file sharing revolution, I kept meeting people talking about stupid ideas like Napster spelling the end of property ownership. I had someone grab my CD collection and upload it on a Napster without asking my permission, much less the permission of the copyright owners. Where once there was discourse with people making effort to understand different positions on the issue, we went through a spell where any attempt to address the desire of artists to get paid for their creation was met with invective. For that matter did you notice how the other reply to my post was just anonymous swearing at me simply for suggesting that self restraint should be sufficient DRM.

    BTW: I disagree with your assessment that there was no effort to balance the needs of content creator and consumers in copyright law. What I saw happen was a great deal of quality discourse that involved consumers, content creators and technology firms engaged in discourse on ways to bring the technology out to the public without having the market implode.

    The quality discourse in the pre-Napster era was shouted down during the Napster idiocy. There was a period where you could not even mention both sides of the debate without being cursed at.

    Yes, all of your posts are correct. There was a great deal of debate before Napster. Most of the technologies currently in play have roots in technologies before Napster. During Napster days, the quality debate was shouted down and we have been in action/reaction mode since.

    As for your assertion that DRM is entirely about big business wanting to beat on and rape consumers. The original motivation for most DRM style applications prior to Napster was a belief that if you found effective ways to restrict the use of a product, that you would be able to sell it for less. For example, Movielink has two types of movie downloads. One is a "rent" program; where the file automatically deletes itself. The other is a more expensive "buy" action where you have the movie for as long as your hard drive lasts. The more restrictive thing where you have the movies for three days saves the consumer money.

  128. Re:he Individual Sense of Fairplay is the Best DRM by russotto · · Score: 1

    I don't know where you heard all this pre-Napster quality discourse, but none of it got translated into anything the rest of us saw. All we saw was the WIPO Copyright Treaty, developed in your metaphorical (or perhaps actual) smoke-filled rooms, the DMCA (implementing the WIPO treaty, passed by voice vote in the House and unanimously in the Senate, without debate), the NET act (which put individual copyright violators on the same footing as mass for-profit violators), and the like. We saw DVD-CSS, developed mostly to prevent the export of CDs from one market to another. We saw the Sonny Bono Copyright Extension Act, continuing the trend of indefinite copyright. By the time Napster came around, there was no longer any balance -- the playing field was stacked entirely in favor of the copyright owner. That was the state of the law when Napster hit the scene, and that is the state of the law today. If the other side has been doing a lot of shouting since then, it's largely because it was ignored and steamrolled before.

    You've got DRM exactly backwards, too. The motivation for DRM-style applications is a belief that if you found effective ways to restrict the use of a product, that you could sell it for MORE. Or sell it more often.

  129. Re:Commodification by Anonymous Coward · · Score: 0

    The anti-semitism wasn't the failure to worship Jews, it was the (joking) accusation that he wanted them to get HIV.

    Clearly, quoting Nietzsche doesn't make you any smarter in the rest of your post.

  130. Re:Commodification by P(0)(!P(k)+P(k+1)) · · Score: 0

    Clearly, quoting Nietzsche doesn't make you any smarter in the rest of your post.

    Ad hominem aside (ye always resort thither), did you fail to grasp Nietzsche’s irony?

    “Anti-Semitism: failure to worship Jews;” I dare you to come up with a better definition.