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Why Make a Sequel of the Napster Wars?

6 writes "Cory Doctorow has an interesting article over at Information Week about Hollywood's strategy of suing sites such as YouTube. Says Doctorow: 'It's been eight years since Sean Fanning created Napster in his college dorm room. Eight years later, there isn't a single authorized music service that can compete with the original Napster. Record sales are down every year, and digital music sales aren't filling in the crater. The record industry has contracted to four companies, and it may soon be three if EMI can get regulatory permission to put itself on the block. The sue-'em-all-and-let-God-sort-'em-out plan was a flop in the box office, a flop in home video, and a flop overseas. So why is Hollywood shooting a remake?'"

280 comments

  1. Because they live in a world where the by Anonymous Coward · · Score: 0

    only future that matters is that of the next quarterly report.

    Also they're greedy motherfuckers.

  2. litigation muscle by ystar · · Score: 1

    Looking weak and submissive in the face of evil, dirty pirates isn't in the interests of these folks. Their extreme litigiousness is not (only) a misguided attempt at recouping monetary losses from copyright infringement, but an effort to slow the creation of distribution networks that leave them in the dust. They can't move quickly in this sector, so they need to buy time to create or feed money into services that give them a bigger piece of the pie.

    1. Re:litigation muscle by Icarus1919 · · Score: 1

      What monetary losses? I was under the impression that everyone was complaining that music sales GREW during the past decade, despite piracy. Which is it gonna be, Slashdot?

    2. Re:litigation muscle by ystar · · Score: 1

      Hence, "misguided?" Could've been phrased better on my part, but what, do you know? Anyways.

    3. Re:litigation muscle by Merusdraconis · · Score: 0

      What, you're expecting Cory Doctorow talking about copyright to be logical?

    4. Re:litigation muscle by Tony_A64 · · Score: 1

      Eight years later not enough time i guess...
      --
      Its not so much that the universe revolves around me, its that I am the center of the universe...
  3. Re:Napster, WTF? Hotline Servers by smclean · · Score: 1

    Hotline the origin of media piracy? The original internet scene was founded on IRC, FTP and USENET.

    Hotline was for point and clickers.

    --

    "'Yrch!' said Legolas, falling into his own tongue."

  4. Well by spiritraveller · · Score: 4, Insightful

    So why is Hollywood shooting a remake?

    Unlike the Napster case, Youtube has revenue sources (and Google can invest the additional funds needed to keep it afloat).

    The studios, quite rightfully see a source of revenue there. It's not just a bunch of cheap bastards sharing amongst themselves. It's a multibillion dollar company making money off of THEIR content.

    Should copyright just be abolished because we want free access to tv shows and movie clips?

    1. Re:Well by Anonymous Coward · · Score: 0

      "Should copyright just be abolished because we want free access to tv shows and movie clips?"

      slashdot answer: yes.

    2. Re:Well by DoraLives · · Score: 1

      > Should copyright just be abolished because we want free access to tv shows and movie clips?

      Looks to me as if the de facto cat might already be out of the bag on that one.

      --
      Is it fascism yet?
    3. Re:Well by jc42 · · Score: 4, Insightful

      Should copyright just be abolished because we want free access to tv shows and movie clips?

      Nah; the copyright system should be abolished because it leads to our current mess in which a few giant companies use it to deprive the artists of their rightful income. We should toss such copyright laws, and devise a revised scheme that guarantees that the artists get most of the money.

      Or we can continue along the path of zillions of skirmishes that hurt everyone, until it settles down to a new system. And hope that that new system can't find a new way to steal most of the artists' income and give it to a few fat cats who have a stranglehold on the distribution channels.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    4. Re:Well by QuantumG · · Score: 2, Insightful

      Should copyright just be abolished because we want free access to tv shows and movie clips? on tv shows and movie clips, sure.

      If the majority of people don't respect a law (and they don't) then that law is unjust.

      --
      How we know is more important than what we know.
    5. Re:Well by MushMouth · · Score: 0, Troll

      Mob rule! Tell that to the families of people lynched in the south.

    6. Re:Well by Original+Replica · · Score: 1

      "Eight years later, there isn't a single authorized music service that can compete with the original Napster. "

      Since you brought up revenue sources, every most every current online music service seriously out performs Napster on the "bringing in revenue to the record company" front.

      --
      We are all just people.
    7. Re:Well by Caged · · Score: 1

      Should copyright just be abolished because we want free access to tv shows and movie clips?


      YES! Copyright in its' current form does not in any way shape or form encourage creative expression or production. With copyright law as it stands, if you make 1 song or work thats' a hit, you have a revenue stream for life. Not just your life, but your childrens' children.

      Wheres' the incentive to create more?
    8. Re:Well by Abcd1234 · · Score: 1, Insightful

      the copyright system should be abolished because it leads to our current mess in which a few giant companies use it to deprive the artists of their rightful income.

      Yes... because that is the fault of copyright law, and not the artists, who sign over the rights to their works for a pittance.

    9. Re:Well by morari · · Score: 1

      Should copyright just be abolished because we want free access to tv shows and movie clips? Yes.
      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    10. Re:Well by camperdave · · Score: 1

      Wheres' the incentive to create more?

      Well, the Hummer needs fuel, the Lear needs a new paint job, and frankly, the yacht could do with a good barnacle scraping.

      --
      When our name is on the back of your car, we're behind you all the way!
    11. Re:Well by MorpheousMarty · · Score: 1

      since no one else said it, copyright should take into account that for all intents and purposes we can create and distribute an unlimited amount of video. Trying to hold onto short video clips is like trying to hold onto a saying. Even if you have 100% of a government's resources behind you you can't stop someone from quoting the daily show, and you can't stop them from putting that clip on a public video server.

      Don't get me wrong, it's not that I don't believe in copyright, I just know how technology works and I feel that Hollywood is fighting an unwinnable battle. Yes I know it's not word.

    12. Re:Well by chromatic · · Score: 1

      When the only way to distribute your work is through a medium in which the distribution cartels always take their cut, even if they don't actually do a thing for you, something's wrong.

    13. Re:Well by Anonymous Coward · · Score: 0

      Hint: If the majority of people actually supported lynching, it would never have stopped.

    14. Re:Well by Nossie · · Score: 1

      if it was a pittance that decided whether you ate that day or not what would you choose?

      I'd say 80% of artists hardly have enough to eat nevermind clothe themselves.
      10% make lots of money on a few good songs/art/movies and pish it against the wall till they end up back with the 80%
      5% get constant coverage on their creations due to media hype, backhanding and chest size
      and the last 5% couldn't give a flying fvck because they made their millions 40 years ago, have never created since, and probably make more now on royalties than they ever did as a performer.

      I do believe the whole system is screwed....

      I admit that RMS has some social issues that should maybe be addressed (like most geeks?) but I REALLY think the madman has a very valid point in what he says here:
      http://www.csclub.uwaterloo.ca/media/Copyright%20v s%20Community%20in%20the%20Age%20of%20Computer%20N etworks.html

      I never realised before that Steamboat willie (the birth of mickey mouse) was a derivative of another artists work... Shame on Disney for trying to promote perpetual copyright on something that they never even came up with!

    15. Re:Well by sumdumass · · Score: 0

      IT stopped because the law enforcement effort became to much of a risk of getting caught. Don't fool yourself about a time when it was common to make a nigger use a different door.

      And if it wasn't for the laws and a good majority of people who were spreading the hate around going to jail, you would likely still see it today.

      The problem is the penalty and the likely hood of getting caught. Rite now, people just don't think they would get caught. It is like the old saying "locks keep honest people out". It isn't that they think it is rite to go into a house so breaking and entry is bad and unjust, it is that they don't care as much if they think they will get away with it.

    16. Re:Well by cpt+kangarooski · · Score: 1

      That's a good point; sometimes it is important to have laws which run contrary to popular opinion, because the populace is wrong about a very important issue. However, where the issue is basically trivial, it seems like it would be harder to justify such a thing.

      Protecting lives and civil liberties is a very important issue. Keeping people sober by banning alcohol, not so much. Which of these two seems more like protecting copyrights to you?

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

      if it was a pittance that decided whether you ate that day or not what would you choose?

      I'd say 80% of artists hardly have enough to eat nevermind clothe themselves.
      10% make lots of money on a few good songs/art/movies and pish it against the wall till they end up back with the 80%
      5% get constant coverage on their creations due to media hype, backhanding and chest size
      and the last 5% couldn't give a flying fvck because they made their millions 40 years ago, have never created since, and probably make more now on royalties than they ever did as a performer.

      I do believe the whole system is screwed....

      I admit that RMS has some social issues that should maybe be addressed (like most geeks?) but I REALLY think the madman has a very valid point in what he says here:
      <URL:http://www.csclub.uwaterloo.ca/media/Copyrigh t%20vs%20Community%20in%20the%20Age%20of%20Compute r%20Networks.html>

      I never realised before that Steamboat willie (the birth of mickey mouse) was a derivative of another artists work... Shame on Disney for trying to promote perpetual copyright on something that they never even came up with!

    18. Re:Well by Ohreally_factor · · Score: 1

      since no one else said it, copyright should take into account that for all intents and purposes we can create and distribute an unlimited amount of video. Trying to hold onto short video clips is like trying to hold onto a saying. Hey, motherfucker, I said that first! =)

      There's a number of problems that have become entangled. The major problem with current copyright is that copyright has been extended beyond any sane term. It should be no longer than 10 years. On top of this, we've seen the entertainment business engage in many other abuses of the system. However, these are not the underlying problem. The underlying problem is only somewhat different from the problems that copyright was originally designed to address. The new twist is that reproduction is cheap enough to be considered free, and easy enough that anyone with a computer can do it.

      You don't need Netcraft to tell you that the old way the entertainment business works is dying faster than BSD. They're going to fight tooth and nail, but they're on their way out as the gatekeepers. The most important aspect of the new digital world isn't that copies are so very cheap, but that production, distribution, and marketing are all within the means of anyone with a computer and an internet connection. There is no need for a middle man.
      --
      It's not offtopic, dumbass. It's orthogonal.
    19. Re:Well by Skim123 · · Score: 1

      We should toss such copyright laws, and devise a revised scheme that guarantees that the artists get most of the money.

      But who, exactly, is the "artist" in a movie? I saw the Simpson's film this week - a short animated movie - and the credits easily exceeded 100 people. Even in music, while the artist may be the one who created the work, s/he certainly did not work alone to get their songs recorded, produced, distributed, and marketed.

      --

      I could not justify my existence if I were a turkey farmer. Would I terminate myself? Undoubtably, yes.

    20. Re:Well by OmegaBlac · · Score: 1

      When the only way to distribute your work is through a medium in which the distribution cartels always take their cut
      There is this thing called the Internet. And you know, it allows one to distribute their own stuff without the middle-men (record labels, publishers, tv/cable stations, movie studios) being involved. Perhaps you have heard of it?
    21. Re:Well by BalanceOfJudgement · · Score: 1

      There is this thing called the Internet. And you know, it allows one to distribute their own stuff without the middle-men (record labels, publishers, tv/cable stations, movie studios) being involved. Perhaps you have heard of it?


      When an artist on the Internet makes $10 million a year from their work and is so well known that 75% of everyone you ask knows who they are, call me. Until that is the case, using the Internet as a counter-argument to that point is intellectually dishonest.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    22. Re:Well by drsquare · · Score: 1

      So what's wrong with record companies taking such a big cut if they're making the artists millions that they wouldn't be able to get by themselves?

    23. Re:Well by Hal_Porter · · Score: 2, Interesting

      Yes... because that is the fault of copyright law, and not the artists, who sign over the rights to their works for a pittance

      If there was no copyright of course, they wouldn't get a penny. The media companies would just mass produce CDs with their music, sell them to the public and keep all the money for themselves.

      Kind of like Youtube/Napster does/did in fact.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    24. Re:Well by cgenman · · Score: 1

      Should copyright just be abolished because we want free access to tv shows and movie clips?

      I think the point of the article was that Hollywood could embrace YouTube, providing it with advertiser-supported content. They stand to reap similar rewards to the kinds that they saw upon deciding to sell movies on Video Cassette, instead of fighting it as a piracy monster.

    25. Re:Well by QuantumG · · Score: 1

      Dude, no. The problem in your country was that the majority of people felt inequality was wrong but the vocal minority wanted to maintain the status quo. If the majority of people had wanted to keep blacks oppressed the Klu Klux Klan would have taken control of the state and it would have been so.

      --
      How we know is more important than what we know.
    26. Re:Well by ColdWetDog · · Score: 0, Redundant
      Another well reasoned, carefully thought out Slashdot post!

      Keep up the good work.

      Give him a hand, folks!

      --
      Faster! Faster! Faster would be better!
    27. Re:Well by Jon+Kay · · Score: 1

      So what's wrong with record companies taking such a big cut if they're making the artists millions that they wouldn't be able to get by themselves?

      Well, it'd be one thing if that's what was happening. But, in fact, most new big-label contracts convey 99.9999% of the millions to the record company. Most artists get the privilege of paying recording expenses, and not much else.

      Which is why more and artists are sticking with performance as their major source of income, and make their music available some other way (surprise, surprise). It's amazing when so much of an entire INDUSTRY gets stupid.

    28. Re:Well by Hal_Porter · · Score: 1

      The artists that are known by 75% of everyone are well known because some media company hyped them, not because of talent. So it's not too surprising that the media company ends with most of the money.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    29. Re:Well by perlchild · · Score: 1

      Actually, the artists that are known by 75% of them are usually known despite lack of talent or artistic innovation... A great deal of what's wrong with the riaa is how they control what content comes out, and just browbeat into submission what "they" don't like, simply just drowing out what is opposed to their artists...

      It's no accident that they behave much like an oligopoly in most things... It's because they're as close as they can legally get, without having been caught(yet)

    30. Re:Well by sumdumass · · Score: 1

      Lol.. The KKK had control of the state for the longest of time. There where things like the prevailing wage for government contracts and stuff come from because of this.

      There are two types of basic people. Leaders and followers. Sometimes you have a follower leading by using a dead leader as the justification. There was or is a good amount of people who are influenced by those leaders. Politicians found themselves in a place where it was getting hard to get elected without the minority vote and started passing laws that eventually got the racist leaders thrown in jail. So they changed their strategy and instead of lynching them in the streets, they did it in the courts. Instead of empowering them, they fed them scraps and grouped them all into free housing, Instead of getting everyone to be equal, they sub grouped all those not white by calling the whites American, the minorities by African American, the Indian by indigenous Americans, the Latin cultured people, Latino American and so on.

      Anyways, the point is that it is much the same as what is happening today. Nothing has really stopped. It has just changed to hide behind the laws and look good. Almost nobody cares today just like back then.

    31. Re:Well by tchdab1 · · Score: 1

      >>Nah; the copyright system should be abolished because it leads to our current mess in which a few giant companies use it to deprive the artists of their rightful income.

      But who's going to pay to pass legislation that abolishes the laws that over-protect the copyrights of the guys making money off them?
      Not the artists - they're out-gunned by several orders of magnitude; us too.

      Conversely, I can see who is going to pay to pass legislation to further strengthen those laws.

    32. Re:Well by chromatic · · Score: 1

      Can an independent artist sell tracks on the iTunes Music Store (for example) without money going to one of the big four?

      I don't know the answer to that question. I'd like to.

    33. Re:Well by MightyMartian · · Score: 1

      I never realised before that Steamboat willie (the birth of mickey mouse) was a derivative of another artists work... Shame on Disney for trying to promote perpetual copyright on something that they never even came up with!
      Walt Disney is one of the most repugnant aspects of modern American culture. It is one of the nastier corporations, and what it has done to world mythology, history and fable ought to be a crime. I watched Pocohantas, and the happy ending seemed to me to be one of the most vile slaps in the face to the American Indian I'd ever seen. All those little kiddies actually thinking that girl's story ended happily, and that the story of her people ended any better.

      Let's not even go into the horrors of the Hunchback of Notre Dame or Hercules.
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    34. Re:Well by aengblom · · Score: 1

      mod up!

      --


      So close and yet so far from the world's perfect ID number
    35. Re:Well by stubear · · Score: 1

      Yeah, Jimi Hendrix was just a hack, couldn't play guitar for shit, you're right...good argument.

    36. Re:Well by Wog · · Score: 2, Funny

      But at least we can paint with all the colors of the wind.

    37. Re:Well by an.echte.trilingue · · Score: 1

      Should copyright just be abolished because we want free access to tv shows and movie clips?
      If that is what most of the people in our society want, then yes.

      Democracy can be such a bitch sometimes.
      --
      weirdest thing I ever saw: scientology advertising on slashdot.
    38. Re:Well by cliffski · · Score: 1

      An indie artist can sell his stuff direct on-line through his own website, using a payment provider like us indie game and shareware sellers do. They get to keep 100% of the money then.
      Why not do this?

      Because the vast majority of people who want the music will just steal it, unless it has DRM. That's why.
      I still think they would be better off doing this, even given the losses due to piracy, but I have great sympathy with any artist that thinks its safer to let a big studio sell DRMed versions of their music than to try and rely on the honesty of internet users, which is a doomed strategy, as the thousands of illegal file sharing sites shows.

      If you want to help small labels, and indie artists to shake off the shackles of the big companies that have dodgy practices, the best thing you can do is *BUY* their music when its for sale direct, and encourage them in that direct sales strategy. If you pirate movies / music / software / games before you even check to see if the provider is selling the product direct, affordably, and with demo products on offer, then you are making the case *for* DRM, not against it.

      Every legitimate sale of digital content without DRM is a vote against DRM
      Every pirated piece of digital content is a vote for stricter DRM
      Every purchase direct from an artist / developer is a vote to cut out the publishers and record companies.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    39. Re:Well by geminidomino · · Score: 1

      You're contradicting yourself. You say that the internet isn't a viable option because the artists can't make millions, but yet, the current system doesn't give the artist millions either? But that's bad.

      I'm so confused.

      Maybe 'artists' should stop being so bloody concerned with getting rich and focus on the actual art involved. This way, if they don't make millions, they're still happy doing what they love, if they do, great, and either way, we get less pre-packaged, silicone injected Brittany-bombs shoved down our collective throats.

    40. Re:Well by rtechie · · Score: 1

      If a handful companies have a monopoly on distribution (and they do), and they collude to screw artists (and they do), and they bribe lawmakers with large sums of cash to make laws favoring the big companies (and they do), there is not much small artists can do about it beyond civil disobediance. Big artists that are already part of the system are reluctant to upset the apple cart, and more importantly, can't really do anything because they were forced to sign away many of their rights. Most would have to accept a massive pay cut to break away from the big studios and so don't bother.

      That's the situation with music, tv and movies are more complicated. Especially TV. TV is freely broadcast, and the notion that broadcasters retain permanent ownership of broadcasts after transmission has always stuck in my craw. All YouTube is doing is a complicated version of the already legally protected "timeshifting". As far as I'm concerned, broadcasters only own the INITIAL broadcast, once they've sent it out publicly it's effectively in the public domain. Broadcasters have a choice between advertising and paid content. For example, I don't think my argument applies to HBO or programming on HBO as that is a paid service.

    41. Re:Well by spiritraveller · · Score: 1

      If that is what most of the people in our society want, then yes.

      Democracy can be such a bitch sometimes.


      It's not as simple as a majority vote. In the USA, at least, the government cannot take property for public use without just compensation. This is a good thing, because otherwise the government could raze your house to build a road and give you nothing. If the government were to abolish existing copyrights, it would have to pay huge sums of money to the individuals and companies that own them.

      You could simply stop creating new ones and wait until all of the existing ones expired (about a century).

      Or you could pass a Constitutional amendment abolishing copyright, or giving Congress the power to do so.

      You can expect music to suck even more than it already does. All of those "cool" bands that you thought would never "sell out" will start singing about deodorant and soft drink brands. Television shows will begin to look like that scene in the Truman Show, where Truman's wife suddenly holds up a household product and talks about how great it is.

    42. Re:Well by Doctor+Faustus · · Score: 1

      Should copyright just be abolished because we want free access to tv shows and movie clips?
      How about *any* access? I'd happily buy DVDs of The State from Viacom, but they aren't for sale. Copyright is designed to maximize the IP that is available (preferrably public domain eventually, but we don't need to get into that), and I do think the content holders should lose copyright on material they're not making available.

    43. Re:Well by A.Gideon · · Score: 1

      I don't disagree with the collusion of lawmakers and the large media companies. But this doesn't eliminate the fact that artists are still signing away the copyright. And that collusion to which you referred is only about copyright. The "protection" offered by the laws written by the large media companies still apply even of the copyright holder is a small media company or even an individual artist.

      The point about the distribution monopoly is perhaps the most important factor, in that (1) it is what convinces artists to sign away their rights but (2) it is the most fragile part of the situation today. And that fragility makes it the best point of "attack": we need to somehow convince artists that they can distribute w/o the large media companies.

      Fortunately, the Internet provides a basis for this. But beyond that, I'm not sure what's out there for artists. That is, are there sites that aggregate art for display and sale?

      Frankly, I'd think this a natural choice for Internet Radio sites being hit by their own copyright problems.

    44. Re:Well by cpt+kangarooski · · Score: 1

      It's not as simple as a majority vote. In the USA, at least, the government cannot take property for public use without just compensation. This is a good thing, because otherwise the government could raze your house to build a road and give you nothing. If the government were to abolish existing copyrights, it would have to pay huge sums of money to the individuals and companies that own them.

      Maybe. It depends on whether copyrights are property or not, and while I fear that they are, for precisely this reason, there is an argument that they are not.

      Of course, what I favor are reforms which merely adjust copyright to reasonable and useful levels; I doubt that abolition is the best thing that we could do. Even there, there is the specter of regulatory taking, but with carefully constructed reforms, I don't think it would be an insurmountable obstacle.

      You can expect music to suck even more than it already does. All of those "cool" bands that you thought would never "sell out" will start singing about deodorant and soft drink brands. Television shows will begin to look like that scene in the Truman Show, where Truman's wife suddenly holds up a household product and talks about how great it is.

      So? This is already happening. If it bothers the audience, then it won't work; perhaps as a result there will be fewer authors who try to support themselves off the money they make by exploiting their copyrights (as opposed to other means). If it doesn't bother the audience, then while I might personally dislike it, I don't see why my personal preferences should be controlling.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    45. Re:Well by Dhalka226 · · Score: 1

      If a handful companies have a monopoly on distribution (and they do)

      They did. It used to be that it cost an awful lot of money to record a record, manufacture records or cassettes or what have you, get these shipped nationwide to radio stations, etc. That is not true anymore.

      I'm not saying any Joe can start their own iTunes, but just about any Joe can start their own website and offer up their songs to download for a price. If the market is working in the way we say it should, iTunes sites would start popping up to aggregate and centralize these efforts.

      Radio is more tricky, but largely because radio wants it to be more tricky. There's nothing stopping them from letting people upload MP3s through their website or mailing a CD-R in or anything like that. There's also nothing stopping consumers from not supporting stations that let big companies decide what gets played. We have the technology to do streaming Internet radio stations and things like that. As access becomes more ubiquitous the need for stations drops even more, but it's up to consumers to embrace the alternatives.

      The reason labels hate downloading so much is precisely because they're not necessary anymore.

    46. Re:Well by Draek · · Score: 1

      The studios, quite rightfully see a source of revenue there. It's not just a bunch of cheap bastards sharing amongst themselves. It's a multibillion dollar company making money off of THEIR content.

      so, the studios' next target ought to be ISPs, right? they're also multibillion dollar companies making money off of THEIR content. And everyone else's. Nevermind the fact that neither YouTube nor the internet would've grown to their current sizes if they had been only providers of Hollywood-produced content instead of the "free for all" that they've always been.

      what's next, Hollywood suing deviantArt for ilegally profiting from the hundreds of "Pirates of the Caribbean" fanart that get posted daily? suing Flickr for the thousands of underage girls who post the lyrics of their favorite, RIAA-sanctioned songs along with their ego shots?

      fuck, that's the way it's always been. Give people a way to freely express themselves, and sooner or later they'll start making derivative works of popular media, legally or not, but that's hardly the service providers' fault. And if the studios would be smart in any way, they'd appreciate the free publicity, and monitor YouTube to see whether the illegal rips of any TV show are more popular than the rest, to start promoting the heck out of the DVDs.

      --
      No problem is insoluble in all conceivable circumstances.
    47. Re:Well by kz45 · · Score: 1

      "Nah; the copyright system should be abolished because it leads to our current mess in which a few giant companies use it to deprive the artists of their rightful income. We should toss such copyright laws, and devise a revised scheme that guarantees that the artists get most of the money."

      The system already exists..it's called an education in copyright law. If you, as an artists, sign your rights away to get famous..you shouldn't complain when a huge company owns your work.

      An artist doesn't have to sign with a big company..they can sell their music online...if the kiddies aren't going to pirate it (which may be another reason why they will continue to sign..because they can't make a living on their own due to piracy).

    48. Re:Well by Jon+Kay · · Score: 1

      You're contradicting yourself. You say that the internet isn't a viable option because the artists can't make millions, but yet, the current system doesn't give the artist millions either? But that's bad.

      I didn't write that. You did.

      Maybe 'artists' should stop being so bloody concerned with getting rich and focus on the actual art involved. This way, if they don't make millions, they're still happy doing what they love, if they do, great, and either way, we get less pre-packaged, silicone injected Brittany-bombs shoved down our collective throats.

      It's not about the imaginary $millions in your head. It's about being able to pay rent while only spending part-time doing non-music stuff. It's about not having to go into debt because you're an artist. So long as major music studios continue being stupid, there'll be no good ol' days back of good music from major studios. Get over it.

      In fact, there's tons of great music out there. You just hafta look in different places than before. Adapt a bit, ol' boy.

    49. Re:Well by ConceptJunkie · · Score: 1

      We've all heard of it, but the music industry still wants to pretend it doesn't exist so they can continue in the delusion that their _19th_ century distribution methods are only way for them to get the latest excretion from their marketing-driven "artists" into your hot little hands.

      --
      You are in a maze of twisty little passages, all alike.
    50. Re:Well by Anonymous Coward · · Score: 0

      "...because it leads to our current mess in which a few giant companies use it to deprive the artists of their rightful income..."


      Why is it just about money? As Plato said in "The Republic", a state uses censorship (corporate control over media in this case) in order to maintain statist ideologies.
    51. Re:Well by Torvaun · · Score: 1

      I actually enjoyed the Hunchback. In the end, he strikes a blow against his oppressive master, but he still doesn't get the girl, he's still ugly, and he's still up in the tower. A life lesson if I ever saw one.

      --
      I see your informative link, and raise you a pithy comment.
    52. Re:Well by zeruch · · Score: 1

      What you are stating doesn't mean that the current copyright system needs to be abolished, but that safeguards to keep the playing field level need to be implemented.

    53. Re:Well by Planesdragon · · Score: 1

      If the majority of people had wanted to keep blacks oppressed the Klu Klux Klan would have taken control of the state and it would have been so. 1: The majority of more than a few southern states did put the KKK in power.

      2: There's a big difference between "the majority of the nation", "the majority of an individual part of the nation", and "the majority of elected officials."

      The greatest benefit to a republican form of democracy is that, instead of the mob ruling, the mob picks the ruler. It's a subtle difference, but it lets an empassioned, intelligent minority correct for the excesses of the majority.

      3: There's a difference between the majority of people thinking that their peers should be oppressed, and that some people aren't their peers. If you oversimplify only a little bit, you can blame every single oppression in history on the dehumanization of the oppressed.
    54. Re:Well by superpulpsicle · · Score: 1

      It's not a matter of freebies. Simply look on wikipedia and you get an idea of how far copyright laws have hindered progress. You need 80 million rationales just to have an image be usable. These companies should be paying us to help put their shit in an encyclopedia.

    55. Re:Well by Antique+Geekmeister · · Score: 1

      Because they don't. They hype a few popular artists, pay them ridiculous sums, destroy them with pressure, steal massively from them by paying "net" profits instead of gross and cooking the books to reflect ludicrous executive benefits and massive management overhead as "costs", and trash the careers of other new artists.

      It's bad for the artists, it's bad for the art, it's bad for the consumer, and it's only good for the management of those few companies allowed to compete.

    56. Re:Well by Hal_Porter · · Score: 1

      I was thinking about current top 40 artists.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    57. Re:Well by vuffi_raa · · Score: 1

      You're contradicting yourself. You say that the internet isn't a viable option because the artists can't make millions, but yet, the current system doesn't give the artist millions either? there is a huge difference between selling millions and making millions- the fact is that an artist can sell a billion records and not make a cent since record companies can continue to find a way to cheat the artist with backroom deals on licensing,legal and advertisement fees that the artist has to pay(in the average contract)- and for larger artists (like madonna, janet jackson, britney spears etc.) they pay them a flat fee and no points on sales, so sales and piracy is moot to them they just tow the line to keep getting front money.
      Yes as an internet artist you can get 100% of your sales numbers, but working against the corporate machines and trying to compete and have market penetration is near impossible.
    58. Re:Well by xenocide2 · · Score: 1

      The Georgia state park Stone Mountain features a cliff side bas relief of three Confederate Generals, and is also the historic site of the re-founding of the KKK. The carving was started by the KKK and finished by the state of Georgia. I'm pretty sure the KKK had significant control in Georgia.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    59. Re:Well by Eviscero · · Score: 1

      What if a majority of people don't respect the law barring people from murdering their neighbors?
      Is that law unjust?

      --


      It's not what you know; It's what you can find out.
    60. Re:Well by geminidomino · · Score: 1

      It's not about the imaginary $millions in your head. It's about being able to pay rent while only spending part-time doing non-music stuff. It's about not having to go into debt because you're an artist. So long as major music studios continue being stupid, there'll be no good ol' days back of good music from major studios. Get over it. *Shrug* If they can't make rent, then they need to go out and get a real job. I can't make a living off of my comics, do I whine and bitch and demand pity? No, I work 40 hours a week getting my soul sucked out, and draw in my spare time. No sympathy here, the 'starving artist' is just a lazy dilettante as far as I'm concerned.

      They either need get a real job, or cut thier wrists, but just stop whining.

      In fact, there's tons of great music out there. You just hafta look in different places than before. Adapt a bit, ol' boy. I never said there wasn't. One of my favorite bands just started thier own non-RIAA label, and I'm happily rebuying thier CDs as they are re-released on the new label (and selling the old ones to used-CD shops, just to piss the RIAA off).

    61. Re:Well by rtechie · · Score: 1

      The "protection" offered by the laws written by the large media companies still apply even of the copyright holder is a small media company or even an individual artist. In a nutshell, small artists don't need copyright protections anywhere near what we have now. They do not need permanent copyright (that's what we have in the USA right now). They do not need criminal penalties for duplication. In fact, the complexity of the current laws hurts artists drastically because it dramatically increases their legal expenses.

      the distribution monopoly ... it is the most fragile part of the situation today. It's not as fragile as you think. The big labels (through content labeling, royalties, and other dirty tricks) have effectively made it ILLEGAL to sell music in the USA if you're not a big label. This is a HUGE barrier to entry for competitors. In fact, it basically rules out any possible competition in the USA.

      The big problem isn't distribution really, it's promotion. Record labels are basically advertising firms. Any indie band could put MP3s of their music on their web site, but without advertising, payola, concert promotion, etc. nobody will hear about them. I believe that right now, indies can put their music on iTunes with little hassle, but nobody will ever find it because they have to search for it. If they want the "top results" in searches or preferred placement, they have to pay for it. And here's the problem, they have to compete with the big labels (who have A LOT more money) for that preferred placement.

      Even if the distribution model changed tomorrow, promotion is still a big issue. And even if all the big labels collapsed tomorrow, they would quickly be replaced with big PR firms that would basically operate the same way. A "reboot" if you will would simply shatter the power of the current labels, then big ones will arise again. Re-shatter. Think about AT&T. Was broken up because it got too much power, now it (and Verizon and Sprint) probably need to be broken up again. In other words, I see this as an ongoing battle.

  5. Yeah free trumps "not" by Anonymous Coward · · Score: 0

    Def. It's hard to compete with a business model based on "giving shit away for free."

    Very insightful, Cory.

    1. Re:Yeah free trumps "not" by Anonymous Coward · · Score: 0

      especially when it's "giving away shit-that-isn't-even-ours-to-begin-with for free."

    2. Re:Yeah free trumps "not" by 6 · · Score: 3, Interesting

      True, cable and for that matter such channels as HBO were totally destroyed due to ABC, CBS, and NBC broadcasting their content free across the air.
      Same thing happened with music. No one purchased records and tapes due to all that music broadcast over that free medium of radio.

      What trumps everything is the basic building block of a business: customer value.
      Companies that figure this out grow.
      --- check it out thousands of video podcasts on your phone: www.mywaves.com ---

    3. Re:Yeah free trumps "not" by quanticle · · Score: 2, Interesting

      Your analogy is flawed. The thing that for-pay cable and for-pay music allowed was control. With cable, you gained control over what you saw (and the more you payed, the more control you got by getting more channels). Same thing with purchased music vs. radio. With radio you were at the mercy of what the station played. If you bought your own music you could decide what to listen to yourself.

      The problem with music piracy (and to a lesser extent with web radio) is that you get the higher level of control associated with paid tiers of service for free. This takes away significantly from the added value that owning a CD provides. Whether I pirate a song or buy the CD I gain the same level of control over my music and piracy costs a whole lot less. The reason that the music and industry is scared is that the loss of the ability to charge for greater levels of controls takes away significantly from their ability to provide added value. In fact, it darn well invalidates their entire business model.

      That's not to say that this is a bad thing. After all, the buggy-whip manufacturer's business model was invalidated by the advent of the autmobile, and no one is shedding tears for them. Business evolves, and the RIAA companies are filling a rapidly shrinking market with no clear progression to a new business model. Therefore they're trying their best to buy time with lawsuits and intimidation while they figure out what they will evolve into.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    4. Re:Yeah free trumps "not" by MLS100 · · Score: 1

      Except: ABC, CBS, and NBC are not broadcasting HBO's content without their consent. If they were, something tells me HBO would have something to say about that.

      And radio is an extremely poor substitute for a CD, they both fill completely different needs. If I want to listen to song/band X, I put on the CD and I can listen to it immediately and at my leisure. With radio, I am subjected to mass advertisements and the station's choice of music which may or may not be something I want to listen to.

      The ability to listen to what you want, when you want has tremendous value to a large number of consumers, and that is why tapes, CDs, etc have done so well in the past.

      Now, the exact same service (what you want, when you want) is being offered at zero cost, vs >0 cost. Here, the value of the zero cost item is so close to that of the >0 cost item that the zero cost item wins every time. Add in the value placed on getting the content DRM-free, and the value of the item is now even greater than the >0 cost item.

      So the real goal for the music industry should be creating value for their products with a lesser focus on using legal clout to diminish the value of the free alternative (a losing battle). How can this be done? iTunes has picked up on a couple of the items--namely DRM-free (lessens the disparity), convenience (nice searchable shop, easy to move to iPod, reasonable price), selection (should be at least as good as a retail store if not much better).. the list goes on.

      Obviously, for some consumers, the price of free just cannot be beat no matter how much value is added, but their numbers fall as the value of the paid alternative rises.

      -MLS

    5. Re:Yeah free trumps "not" by Hatta · · Score: 0

      Microsoft seems to be doing ok at it.

      --
      Give me Classic Slashdot or give me death!
  6. Re:Napster, WTF? Hotline Servers by Anonymous Coward · · Score: 1, Insightful

    Actually it began on BBS's.

  7. Curious by David+Hume · · Score: 4, Insightful

    Assume that the major movie studios produced high-quality full-length first run downloadable movies with no DRM whatsoever at a reasonable prices. (You define what is reasonable.) Any DRM-less format you prefer.

    How many of you would "share" then with your friends? (By "share" I don't mean watch the movies with friends. I mean make copies of the movies for friends.) If so, how many friends?

    Would you see anything wrong with posting your copy to an FTP site or the equivalent?

    Would you see anything wrong sending copies to your closest 100 friends?

    Just curious.

    1. Re:Curious by SuSEboy · · Score: 1

      Why would I buy and download a movie if I can just get it from a bittorrent for free?

    2. Re:Curious by Anonymous Coward · · Score: 0

      How many of you would "share" then with your friends?

      Traditionally the movie industry is a series of one-hit wonders. Once you've seen a movie, there's (usually) no need to see it again. Ever. If you buy a DVD, you can watch it and then just give it away to a friend. Your friend can then pass it along to her friend, etc. That's called sharing, and it's perfectly legal.

      The movie industry knows this, so they're starting to build more and more movie franchises (yes, sequels have been common in the past, but never this common ... just look at the last two summers' offerings). However, the value of a franchise is in its purity. If you allow Joe Internatz to dilute the franchise in a negative way, then he's actually doing measurable harm to the bottom line of future movie ticket and DVD sales.

      Of course it goes the other way, too. The positive impact of having the fan-contributed line "We've got snakes on the Mother[censored] plane!" probably paid for the development cost of that pathetic movie (which I saw on DVD from Netflix, along with 3 other people, so the studio may have made somewhere around $0.5 per person, instead of the customary $5 as half of the $10 ticket at the box office).

      So in conclusion, I really don't have much of a point other than to say that I get all of my movies the legal way, but I already share with my friends. Maybe if they started releasing better quality movies, I'd be more inclined to go to the theater so the production company will make 10x as much money from me. But then again, maybe I wouldn't. And maybe that's why they don't bother making better movies.

    3. Re:Curious by iluvcapra · · Score: 4, Interesting

      Not MANY people would upload their copy to TPB, but it only takes ONE.

      Something movie distributors have in their favor is their exhibition system. Showing movies on a big, bright screen in a large room with a great sound system is significant added value. If you want to defeat movies as they are, you must defeat the movie theater, and if you want to do that, you have to:

      1. Make home systems provide an equivalent technical experience on a common basis, in other words not a niche trade for cinephiles and AV hobbyists.
      2. Figure out a better low-impact date for two people on a friday night than dinner and a night at the movies. A courtship date of watching movies at home just isn't the same. This is just a small example of a bigger point: going to the movies is a "lifestyle" thing, it provides an experience on top of the content. Selling a first-run movie over the internet would never compare, it'd be like buying a night at the club over the internet .
      3. Change the directors and producers. I have many director friends, all young and trying to break in, but none of them are even remotely interested in making a film and putting on YouTube to tell their stories. Recording artists, musicians, etc. famously have always hated their labels, complaining about the quite abusive deal they get. Directors, Producers, actors and everyone involved in movies LOVES theaters, in marked contrast to how musicians feel about labels.

      Just an opinion, but most people actively engaged in making commercial movies in Hollywood love the internet for promotion and secondary distro, but no business people, and crucially no artists, are talking about chucking the whole movie theater idea. Working in the status quo's favor as well, is the strong separation between commercial cinema, the clearly expensive star-studded vehicles that can be good or bad, but will generally be at least entertaining, and independent cinema, which can be more profound but often isn't, and is generally actively hostile to the idea of "entertaining" people (they regard mass entertainment in the way FOSS people regard configuration wizards).

      --
      Don't blame me, I voted for Baltar.
    4. Re:Curious by langelgjm · · Score: 2, Interesting

      Sure, anyone who says they wouldn't share is probably lying, but that's not the point. The digital world has already turned certain aspects of our economy upside-down, and it has the potential to make even more changes. Its fundamental nature is to eliminate scarcity, and since so much of our current economy is based on scarcity, current business models don't function well in the digital world.


      DRM is an attempt to introduce scarcity into an arena where none exists. It goes against the fundamental nature of the digital world. The deeper problem, however, is reconciling our current way of doing things with this new world. How will film and music be produced when they can no longer be sold like a carton of eggs? I doubt they can continue to be produced in the same manner as they currently are - but that's not necessarily bad.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    5. Re:Curious by QuantumG · · Score: 1

      Assume that the major movie studios produced high-quality full-length first run downloadable movies with no DRM whatsoever at a reasonable prices. (You define what is reasonable.) Any DRM-less format you prefer. CSS = DRM-less already because it is so readily crackable. But ok, whatever.

      How many of you would "share" then with your friends? (By "share" I don't mean watch the movies with friends. I mean make copies of the movies for friends.) If so, how many friends? Everyone who wants a copy and can convince me to put in the effort to make it for them (cause I aint lending it to ya, you bastards never bring it back).

      Would you see anything wrong with posting your copy to an FTP site or the equivalent? No, but it would be an annoying upload time, and I doubt I'd get any benefit from it.

      Would you see anything wrong sending copies to your closest 100 friends? I think, on average, every one of my DVDs has been copied about 3 times. TV episodes I've downloaded I've copied for friends a hell of a lot more because they don't know how to use P2P programs. It takes 10 minutes to make an ISO image of a DVD and another 10 minutes to burn each copy. So you're asking me if I could be bothered doing something that would take 16.8 hours.. and that's assuming they all come to my house to pick it up. Obviously the answer is no, I wouldn't do this, but I wouldn't see anything *wrong* with it.

      Just curious. Fair enough. Perhaps you're curious why I feel I should be free to copy anything I want. Fundamentally, I feel that me being able to use my physical property (my copying devices and blank media) to do what I feel will benefit me and everyone else being able to do the same is a lot more important than some movie studio being able to tell everyone what they can and cant do. Basically, my local needs outweigh their remote needs. Clearly, my actions have no effect on their ability to make movies.. but I *suppose* if everyone was to do what I do then it might be a different story. Would this mean that the movie studios should get some special law that gives them control over what people can and cant copy? Of course not. It's a total sellout for the government to give away my freedom to them. If this was to mean that these movies weren't made, then boo fuckin' hoo. I'd rather there be less Hollywood movies and more freedom to copy than the situation we have today.

      But my individual actions are not going to change that.

      --
      How we know is more important than what we know.
    6. Re:Curious by iluvcapra · · Score: 3, Interesting

      It's a total sellout for the government to give away my freedom to them. If this was to mean that these movies weren't made, then boo fuckin' hoo. I'd rather there be less Hollywood movies and more freedom to copy than the situation we have today.

      Do you oppose copyright as a general principle? Without copyright, there could be no GPL.

      Bill Gates: It's a total sellout for the government to give away my freedom to copy the Linux kernel to Linus Torvalds. If this means nobody writes free software anymore, than boo fuckin' hoo. I'd rather there'd be less free software and more freedom for me to sell it to people, preferably with a cute little animated assistant to help configuration.

      --
      Don't blame me, I voted for Baltar.
    7. Re:Curious by kebes · · Score: 1

      Do you oppose copyright as a general principle? Without copyright, there could be no GPL.
      In the "copyright debate," the "without copyright you can't have GPL" argument is indeed an interesting one.

      Actually I think that FOSS would do just fine if copyright disappeared tomorrow. Sure, some companies would create closed-sourced forks, but the community has enough momentum that it would do just fine. That having been said, I actually quite like the principle of the GPL and Creative Commons licenses, when it comes to "share alike and allows others to modify/remix/etc."

      One can easily imagine a "copyright law" that, instead of protecting all creative works, applies solely to those creative works that are distributed with source material (source code for software, all footage for movies, original tracks for music, etc.). This law would guarantee that if you go to the trouble of releasing source material, others are required to also keep the source open for any modification they make. This actually matches more closely the original intent of "intellectual property" laws: to encourage the creation, distribution, and extension of creative works. Actually I find it quite bothersome that our governments grant monopolies to creative works that, even when they finally pass into the public domain, cannot be reliably built upon because source material is unavailable.

      Obviously the law I describe is so unrealistically idealistic that it is never going to exist. Entrenched interests would prevent such a law from ever being created. I am not actually suggesting that copyright law is going to be modified to that ideal within my lifetime. What I'm saying is that there is nothing ethically inconsistent about opposing status-quo copyright, yet supporting the "share-alike" aspects of GPL and Creative Commons licenses.

      Quite simply, I can oppose the notion of "absolute control over creative works by the originators of said works" while still supporting the notion of "requiring those who build upon other's work to also allow any other party to do the same."
    8. Re:Curious by Bill+Currie · · Score: 3, Insightful

      Without copyright, there would be no need for the GPL.

      --

      Bill - aka taniwha
      --
      Leave others their otherness. -- Aratak

    9. Re:Curious by morari · · Score: 1

      Would you see anything wrong sending copies to your closest 100 friends? Wow, I can barely count two people as "close friends"...
      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    10. Re:Curious by SCHecklerX · · Score: 1

      Why would anybody want to pay for low quality stuff? I still don't see why anybody would pay money for mp3s. How about just making CDs and DVDs reasonably priced. If they want to make things available for download, make it free, or just enough to cover bandwidth costs. They might find people buying the real thing more then, with the downloadable material being advertisement. Just a thought. I'd rather pay $5 for a cd than spend all day hoping to find it in flac or iso on a torrent.

    11. Re:Curious by QuantumG · · Score: 1

      Yes. I do oppose copyright in principle. And, as a separate issue, I oppose Linus' use of the GPL, as he doesn't believe in the principles behind it.

      --
      How we know is more important than what we know.
    12. Re:Curious by iluvcapra · · Score: 1

      The "source material" definition gets more and more complicated with the medium, and it seems like it would be too elastic. Isn't merely the script the "source" of the movie, and the photography just compilation? Or is it principle photography, but it could take someone a month to rebuild the original cut of a film from the footage (it's a lot like reverse-engineering). But then you can't add a scene, so maybe you need access to the actors!

      Entrenched interests would prevent such a law from ever being created.

      Among those entrenched interests are the writers of the Constitution, not to argue from authority, but just to give an indication of how ingrained the idea of copyright is in western culture, and not just rich book publishers. People don't think much of copying a DVD, but if you ask them, in principle, "Should anyone be able to copy any work at any time?" most people would disagree, since THEY wouldn't want THEIR creative works to be treated in that way.

      Quite simply, I can oppose the notion of "absolute control over creative works by the originators of said works" while still supporting the notion of "requiring those who build upon other's work to also allow any other party to do the same."

      When you're talking about a film, almost no one's seriously "building" on a film, they're just copying it; there is no novel process, no art, no nothing. I don't support studios suing people for doing remixes, as this isn't really a right of copyright holder - they're only allowed to stop derivative works if they take money away from the original, which remixes don't.

      If you can't own intellectual property, than you risk having a tragedy of the intellectual commons, where nobody contributes works in the public, and novel arts, ideas and creations are either distributed ad-hoc under the radar among trusting groups, as this is the only way authors can get money for their work, or not distributed at all, since without money, people can't devote their time to writing. I don't think you're arguing for the abolition of intellectual property, but if anyone can copy anything and modify it in any way, particularly interfering with things like attribution, what would it mean to "own"?

      --
      Don't blame me, I voted for Baltar.
    13. Re:Curious by Rix · · Score: 1

      Assume the major book publishers produced high quality full length readable books with no DRM whatsoever at a reasonable prices. (You define what is reasonable.) Any DRM-less format you prefer.

      How many of you would "share" then with your friends? (By "share" I don't mean read the books to friends. I mean lend copies of the books to friends.) If so, how many friends?

      Would you see anything wrong with posting your copy to a library or the equivalent?

      Would you see anything wrong letting your closest 100 friends read it?

      Just curious.

    14. Re:Curious by Ohreally_factor · · Score: 1

      Change the directors and producers. I have many director friends, all young and trying to break in, but none of them are even remotely interested in making a film and putting on YouTube to tell their stories. That's interesting because I know a bunch that are putting stuff up on youtube and elsewhere, and they seem to be getting the attention that they want from the studios and the cable networks. A few have been able to make a living as creators (and not just getting paid to work on another's project), while others have not yet crossed that line, i.e., they have to keep their day gig.

      What is really telling is that even the ones that are successful or are becoming successful are still making their goofy little videos for the web. When you ask any of them why, the most common answer is that they're making these vids to entertain their friends and themselves.

      Most, but not all, of the people I know doing this are active creators on Channel101. Usually they're also putting stuff on youtube, but Channel101 is for the peer group. Check it out if you haven't seen it. And keep your eyes open for some people you'll surely recognize.
      --
      It's not offtopic, dumbass. It's orthogonal.
    15. Re:Curious by kebes · · Score: 1

      The "source material" definition gets more and more complicated with the medium, and it seems like it would be too elastic.
      I agree it would get tricky in practice. Then again current copyright law has plenty of ambiguity and gray area. It would have to be carefully worded. (Then again, that's true of all laws.) I'm not going to go through the exercise of trying to refine this idealistic law, since it's not realistically ever going to be adopted.

      Among those entrenched interests are the writers of the Constitution, not to argue from authority, but just to give an indication of how ingrained the idea of copyright is in western culture, and not just rich book publishers.
      You're absolutely right. That's why, as a "copyright reformist" (or whatever) I would gladly accept reasonable middle-ground, such as "copyrights with reduced terms and explicit protection of fair use" and similar. I understand that my opinion in a democratic society must be balanced against the opinions of others. Having said that, I think that most people's automatic reaction of "You can't get rid of copyright! That wouldn't be fair to the artists!!!" is not based upon very much reflection. As you debate with people, and point out that they routinely violate copyright, many of them understand that change is needed. In short, I think this is a debate that needs to be brought to the public at large.

      When you're talking about a film, almost no one's seriously "building" on a film, they're just copying it; there is no novel process, no art, no nothing.
      Part of the reason for that is that it is currently illegal (and often impractical) to build upon another person's film. If you remix and re-edit the Star Wars movies into a "better" version, you will get sued. There is creative work that is not being done right now because of legal blockades.

      If you can't own intellectual property, than you risk having a tragedy of the intellectual commons...
      That is certainly the best argument in favor of keeping copyright. It's not an easy question to answer, however. We have many examples of countries with strong copyright laws that produce art. We also have many examples of countries without strong copyright enforcement that produce plenty of art. We also have examples of historic time-periods where copyright law didn't exist (or was ignored), and art and innovation flourished. In any case, this is something that should be studied rigorously. Rather than creating copyright extensions because some groups "feel" that artists would generate more useful works, serious studies should be undertaken to determine the optimal balance between copyright incentives and personal freedoms. (Of the few studies I've seen, the conclusion was typically that a copyright much reduced in scope from what we current have, but not completely abolished, is optimal... such a conclusion is perhaps not surprising.)
    16. Re:Curious by Hal_Porter · · Score: 1

      I agree! I hope GPL4 will have a clause that stops people using it for pragmatic as opposed to idealistic reasons.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    17. Re:Curious by theJML · · Score: 1

      Well, I hate to say it, but #1 is pretty much done already. Go to Best Buy or Circuit City or any other electronics shop, they'll sell you a pretty decent setup that you can turn up louder than the theater will and depending on how much you want to spend, will probably be better than the theater. You can even have someone install it for you if you're not-so technically inclined. My system didn't cost much, and compared to the usual range of regal, amc, and showcase cinemas around here, it's a large step above the theaters I have to pay 9 bucks a head to get into and then spend more if I want a drink.

      #2, well, the dinner and a movie date was never the best one for me. I don't know how many young people still do this now that it'll cost you $60+ for the 'experience'. There are many other interesting dates that actually allow conversation between the couple. Use you're imagination, I'm sure you can think of some.

      #3, I agree changing actors, producers, directors, etc.., will probably help get some new ideas out there and not the same old sequels and remakes we seem to be getting lately. I don't see how this counteracts the first two points though. If the movie looks good, I'm probably still more apt to rent it than see it in a crowded theater with sticky floors, improperly focused projectors, wimpy sound systems, peoples cell phones ringing, a mad rush to get the good seats... you get the idea.

      Make the prices better (espeically after they've milked the crowds (and there are still crowds when a movie comes out, you can't tell they're struggling at all) for their money) and they'll probably win some customers back without having to sue anyone. After all, I can spend $25 bucks for my wife and I to see a movie with some popcorn, or I can buy the DVD and watch it at home whenever I want for $10-$20. Or I can just rent it for $3 or do as I usually do and say "'eh, I'll pass". After all, not seeing movies doesn't really make me feel like I've missed out on anything other than finding other ways to make the 3 hour time span more useful and productive.

      --
      -=JML=-
    18. Re:Curious by Anonymous Coward · · Score: 0

      "If so, how many friends?" Friends? I think you're confused this is slashdot.
    19. Re:Curious by ScrewMaster · · Score: 1

      Well, remember Ryan Wieber and the Ryan vs. Dorkman short? That little effort got him a job at Lucasarts (although last I heard he was working for another effects house doing compositing for Heroes.)

      --
      The higher the technology, the sharper that two-edged sword.
    20. Re:Curious by iluvcapra · · Score: 1

      I do appreciate the forum something like youtube provides, but it isn't a commercially viable medium; it offers no challenge to film distribution, by the way the mp3 did to music distribution, which is all I'm really trying to address. You're right, basically, but we won't be reading about how movie studios are going bankrupt in 5 years because broadband penetration became sufficient to move high-def movies fast. The film industry is structured differently from the music biz, and the experience of watching something is different from merely listening.

      --
      Don't blame me, I voted for Baltar.
    21. Re:Curious by arkhan_jg · · Score: 2, Insightful

      The movie business has done an excellent business of killing the cinema experience. The studios take such a big cut of the ticket sales (90% for the first week I believe is usual) that cinemas struggle to make money even with every seat filled with big blockbusters. They make their money largely from the concessions stand, which is why it's so damn expensive and they try to stop you bringing your own in.
      Then add in the random patrols of staff with night-vision gear looking for cameras, the sticky mess on the floors because they can't afford the time to clean the screenroom between showings properly, and of course the completely uncivilised assholes that actually go to cinemas - teenagers chatting throughout, mobile phones, the rustle of sweet bags the entire film, the little SOB that kept kicking my seat throughout the last film despite his mum's best attempts to stop him...

      Frankly, if I can watch it on my own sofa on my own TV snuggled up with my other half, it's a damn sight better. For that big movie experience, I've got access to a digital projector which fills my whole wall. We can pause when we want, we can eat what we want - and with cheap DVD rental and an upscaler, it looks pretty decent too.

      Want to save the cinema going experience? The studios need to be less greedy. The cinemas can't raise prices any more, they're already approaching eye-watering levels. Take a smaller cut, let the cinemas provide a better experience for less money, and you might reverse the decline in cinema audiences.

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

      I wasn't arguing with you! Wanna fight about it? =)

      I found it interesting that the directors you knew where not interested in web video or youtube in particular, that's all. I looked over your credits and you've worked some pretty big shows as well as smaller ones. I don't know how much this skews it. I do know a few fairly big names, but they're older dudes, too, so their lack of interest in web video for anything other than promotion of their latest might go with age. They don't feel they have to make little five minute vids. The younger guys, however, aren't coming at it from a "paying your dues" place. They're making this little vids for the fun off it. As a side benefit, some of them are getting noticed and getting directing work. One example of the Channel101 guys is Rob Schrab, who is now a director, writer, and executive producer on the Sarah Silverman Program. (There's actually a funny story behind that, but I won't bother you with it.)

      Anyway, if a director is working on features they're not really going to have the time or want to spend mental focus on a web vid, I would guess.

      --
      It's not offtopic, dumbass. It's orthogonal.
    23. Re:Curious by iluvcapra · · Score: 1

      How do you mean? If I put out some code under the GPL license, I basically force anyone that would try to add to it to make their changes public; this is why I use it. How would abolishing copyright give me the same result? Sure, THEIR additions wouldn't be under copyright, but what difference does that make if they only hand out a compiled binary?

      --
      Don't blame me, I voted for Baltar.
    24. Re:Curious by iluvcapra · · Score: 1

      My friends from USC will do some stuff and put it on YouTube, but they don't count it -- they want to make money making movies, and who the hell remembers who directed "Lazy Sunday"? ;)

      --
      Don't blame me, I voted for Baltar.
    25. Re:Curious by Ohreally_factor · · Score: 1

      Oh, but to respond to your actual point . . . . =)

      It's a two fold thing. On one hand, yes, the internet + digital video does change the game radically. On the other hand, not quite so radically that it's going to destroy the movie business. So . . . . I think we're in basic agreement? Beyond that, I think that the movie business is being enriched by DV in a way that the music business is not being enriched by digital music. I think you might have already said that.

      Anyway, I'm tired and rambling, so I'll leave off with one thought that you might appreciate. As sleazy and as fucked up as the movie business can be, I've always been consoled that at least it wasn't the sewer that is the music business.

      --
      It's not offtopic, dumbass. It's orthogonal.
    26. Re:Curious by iluvcapra · · Score: 1

      but #1 is pretty much done already

      As long as people are paying $80 for a 4 ft. Monster RCA cable, I'm dubious on this point. It just ain't the same. 50% of the acoustics is having a big room, thousands of square feet, and 50% of the visual experience is having 120 degrees of your field-of-view filled at meters distance. BTW, if you think you're getting theater resolution from HDDVD or Blu-Ray, you aren't -- that's still another generation up.

      #2, well, the dinner and a movie date was never the best one for me. I don't know how many young people still do this now that it'll cost you $60+ for the 'experience'.

      \me steps off your lawn... $60 is pretty competitive with any night out at this point -- dancing with a cover and drinks will run that out pretty fast, and you haven't even fed the girl yet! I can't even begin to describe how much funnier Knocked Up is with an audience than alone.

      #3, I agree changing actors, producers, directors, etc.., will probably help get some new ideas out there and not the same old sequels and remakes we seem to be getting lately.

      I'm not really criticizing the content (it might be crap but you people paid a lotta money this year to see it!) My point is that filmmakers hate the internet for their movies, and they're in the drivers seat when it comes to where things show for $$$.

      I don't see how this counteracts the first two points though. If the movie looks good, I'm probably still more apt to rent it than see it in a crowded theater with sticky floors, improperly focused projectors, wimpy sound systems, peoples cell phones ringing, a mad rush to get the good seats... you get the idea.

      This is an issue and some theater chains like Arclight and Pacific are catering to a higher end, doing proper QC of their sound and projection, offering better food, alcohol, etc. One of the issues the US film industry has, going forward, is that many of the exhibitors are bankrupt, and have really bad business models, mainly because they skimped on quality to maximize screen and seat count (and they get a really shitty end of the box-office split). An end-to-end digital cinema distribution system may address this, but they've only been talking about that for, what, 10 years? It costs a theater on average $100K to equip a (remember, bankrupt) theater for DLP and HiDef video, and there are no unified standards yet as to delivery formats (Sony [HDCAM-SR] and Panasonic [D-5] up to their old mischief, as always).

      --
      Don't blame me, I voted for Baltar.
    27. Re:Curious by Anonymous Coward · · Score: 0

      because without copyright there's no EULAs, with no EULAs there's nothing to stop you decompiling the binary into the source. And if the changes that they've made are novel enough, there WILL be someone with the time to decompile it.

    28. Re:Curious by iluvcapra · · Score: 1

      As sleazy and as fucked up as the movie business can be, I've always been consoled that at least it wasn't the sewer that is the music business.

      I don't know exactly how they did it, but the people who run the business, the distributors, studio heads, and agents, have managed to keep the creative talent basically on their side; you occasionally see someone like Soderberg release Bubble to Internet the same day as theatrical, but it's always a lead balloon, and he goes back to do Ocean's 13 (why didn't he sell that piece of sh!t on the Internet?). That particular instance was more a case of Mark Kuban trying to break into the status quo, than Soderberg trying to break out.

      I do travel with some privileged company, but nowhere in the culture of Hollywood is outright hostility to the exhibitors or distributors even comprehended in the visceral way it would come to the surface in the music industry. A lot of it has to do with the extreme competence of the agents, and the way they managed to get the artists a lot of the upside benfit of a movie while putting all the downside risk on the studio; there's so much money to be made if you're a successful actor or director, and the studio never comes back to collect on money they "loaned" you to make a film. You can see the interaction in the constant writers and actors strikes: the film industry is constantly hashing out the issue of how much creative people should earn, and I hope it continues to. The record labels would simply tell the creative types "Go fuck yourself" if they asked for more money.

      --
      Don't blame me, I voted for Baltar.
    29. Re:Curious by JAlexoi · · Score: 1

      Hmm....... If I want to watch a holywood movie in it's original language I have 2 choices: fly to the nearest english speaking country and watch/buy it there or illegally download it.
      And what if I want to see it on a big screen in a cinema?......

    30. Re:Curious by Anonymous Coward · · Score: 0

      Even if a movie were already available for download or dvd or even on tv, you can still go to the cinema seeing it there for the reasons you gave. Look at some torrent sites, you are doing it already anyway. Supplying the demand for the movie before the pirates do is the only option movie producers have as many people obviously don't want to go to the cinema for every movie: They want to watch it at home and they take the first opportunity to get them.

    31. Re:Curious by ascendant · · Score: 1

      1. OK
      2. OK
      3. No, your analogy is flawed.
      I would contend that musicians music stores, just like directors love theaters and musicians hate labels just like directors hate studios or whatever you call those companies that give a director an assload of money to make a movie because the direcotr doesn't have enough to start. Kinda like labels give artists free recording time and distribution and all that. And then they both rape the clients for it.

      --
      Do not attribute to malice that which can be easily explained by incompetence.
    32. Re:Curious by Antique+Geekmeister · · Score: 2, Insightful

      What?

      Without copyright, the GPL wouldn't be necessary.

    33. Re:Curious by trenien · · Score: 1
      It's (probably) true with the latest blockbuster, but not so much with somewhat older movies.

      I can't count the number of times I've looked everywhere (legitor not) for some movie I wanted to see and had to settle for a very low bandwith download through bittorrent. At such times I ended up having to wait at least a week for it to complete. Of course most often than not the quality was pretty low and a bunch of times I never could complete the download.

      I'd have gladly paid $1-$2 to have access to an official torrent-like repository of quality copies. Once people get used to pay for such movies they'll keep doing it even for the latest releases they could have for free elsewhere.

      Again, the companies are too greedy and prefer having ten customers paying $20-40 than a hundred paying $1-$2 (notwithstanding the fact that among the later at least five will also buy the high quality $50 edition).

    34. Re:Curious by raynet · · Score: 1

      Actually, GPLish thing could still be around even without copyrights, just turn it to NDA. Without copyright you are allowed to copy the binary program, but unless you agree to the NDA, you wont be given the source code. And the NDA would force you to give similar rights as GPL gives to the users who get your binary.

      --
      - Raynet --> .
    35. Re:Curious by richie2000 · · Score: 1

      Your question still assumes that the value would be in selling a copy of the work, overlooking the real revenue streams:

      Let's assume Sony (I use them as an example simply because I like to kick their balls since the rootkit scandal) sets up a torrent tracker, has their own seeders placed locally at ISPs (thanks to Robert X for this one) with guaranteed non-corrupted files, a nice search function, a referral service, forum community with participation by artists, correct metadata, no DRM, no viruses, no RIAA lawsuits, a playlist-generator, competitions with backstage passes as prizes, a webshop for buying CDs, t-shirts, posters, concert tickets, desktop pictures, jewelcase inlay kits (co-sponsored by a printer manufacturer and CD-R-importer) - the possibilities are endless. The traffic numbers would go through the roof, they'd put iTunes out of business in a heartbeat, they'd get loads of useful listening information and data to mine and the running costs would be minimal since the customers themselves would do most of the heavy lifting in distribution and marketing.

      It's basically free money for the record companies, less load on ISP backbone links and free music for listeners. Added bonuses would be a more direct communications route artist - consumer, but I'd guess that the record execs would be slightly less enthusiastic about that aspect.

      Next in line to use the portal are the MPAA and both national and local TV and radio stations and networks. Anyone that would benefit from using a "free" system of distribution in the interest of cutting costs in a major way by giving up their shaky monopoly revenues in exchange for a steady stream of "normal" levels of cash would want in on this.

      So, who's first to register www.themediabay.com ?

      And Sony, I'm GIVING you this idea. Run with it or not, as you like. Want me to sign something to that effect? Send it on, I'll sign - provided that you actually do it. But know that if you don't, we'll know that you're not in it for the money, you're in it for the control of the market and the supra-normal monopoly profits you've had in the past. Know that those days are over and this is a new ballgame.

      Wanna play? Play. But don't hog the ball.

      --
      Money for nothing, pix for free
    36. Re:Curious by Hatta · · Score: 1

      Would you see anything wrong with posting your copy to an FTP site or the equivalent?

      Why not? Making something available doesn't force them to download it. It remains up to each individual to decide whether to download something for free or to pay for it. My conscience is fine with allowing others to follow their own consciences. Empowering choice is a good thing.

      --
      Give me Classic Slashdot or give me death!
    37. Re:Curious by richie2000 · · Score: 1

      what difference does that make if they only hand out a compiled binary? Because their customers/users would not have many of the four freedoms left, software that included the source code would still have a natural advantage on the market. License-speaking, it's like all code - GPL and otherwise - would transform to BSD overnight. Would that really be so horrible?

      Actually, what I would like to see is a much shortened span for copyright in the 5-10 year range, excluding all copying for personal and non-profit use. In this scenario, only GPL'ed code that was 5-10 years old would go BSD. If Bill Gates wanted to take that old code and 'innovate' using it, he'd be welcome to it IMHO.

      Another option would be to make a few reasonable CC licenses into law and let the creator pick one, with Attribution-Share Alike as the default.
      --
      Money for nothing, pix for free
    38. Re:Curious by Ohreally_factor · · Score: 1

      You can see the interaction in the constant writers and actors strikes: the film industry is constantly hashing out the issue of how much creative people should earn, and I hope it continues to. This is an excellent point as far as the fluidity and give and take goes. Honestly, I never thought about it in quite this way, but you're right, and you've given me a new insight into the Hollywood ecosystem. Being an under the line sort, I've always thought of the strikes as an economic annoyance (or worse when they go on too long) even though I'm somewhat sympathetic to the strikers. A strike means less work, which means less money.

      In fact, I think the movie business is better able to adapt to changing circumstances because of this. Compare the perceptions and the realities of how each industry handles some new form emerging from the underground. We talk about how the music business co-opted hip hop or punk, how they commercialized it, etc. In the movie business, we might talk about indy filmmakers taking Hollywood by storm, but I think it's a lot harder to argue that successful indy filmmakers are getting co-opted. If anything, they're welcomed with open arms. Certainly this is due to the hope that the fresh blood will be able to make investors a lot of fresh money, but by and large the rebels are allowed to rebel and sink or swim based on their own merits. I'm not saying that compromises are never made or that directors don't sometimes have to fight for their creative vision, but it is much more fluid, as you say.

      Perhaps it's also because the movie business doesn't have quite the vertical integration that the music business does. Perhaps they did back in the days of the old studio system, under Louis B. Mayer and other studio heads, but that system became obsolete, and Hollywood adapted to new conditions. New talent is constantly coming to the fore and changing the system in evolutionary ways. Can you think of any business that is so filled with mavericks? That is on the look out for mavericks? (Well maybe some portions of the tech industry.)

      I think this also has something to do with Hollywood being a lot less risk averse, more willing to take chances.

      And the cloud cover has burned off and the sun is shining, and I think I'm going to ride my motorcycle up Topanga canyon or somewhere else windy and picturesque, instead of following up on that last sentence.
      --
      It's not offtopic, dumbass. It's orthogonal.
    39. Re:Curious by toddestan · · Score: 1

      What?

      Without copyright, the GPL wouldn't be necessary.


      The people who write GPL'd software could just release it into the public domain if they wanted too. Clearly they don't do that, so to say that the GPL would be unneeded is silly.

    40. Re:Curious by iluvcapra · · Score: 1

      For further reading on the fascinating issue, Google "Lew Wasserman"

      --
      Don't blame me, I voted for Baltar.
    41. Re:Curious by iluvcapra · · Score: 1

      software that included the source code would still have a natural advantage on the market.

      Linux already has this on Windows, but Windows is still dominant. People are willing to trade the freedom to modify the source if they get convenience, particularly if they're only casual computer users and don't know how to code.

      License-speaking, it's like all code - GPL and otherwise - would transform to BSD overnight.

      Well yeah, but in practice that only applies to people who disclose their source, which ain't everyone.

      --
      Don't blame me, I voted for Baltar.
    42. Re:Curious by iluvcapra · · Score: 1

      musicians hate labels just like directors hate studios

      Granting this point, which I don't (just in my personal experience), mutatis mutandis the end result remains. If a director hates his studio, he finds another one to get his movie into theaters, or he finances independently and sells to a distributor, who puts it in theaters. Their goal of the theatrical exhibition is unchanged.

      Music stores don't facilitate music listening, they just vend. Movie theaters facilitate movie watching. The people who make movies like theaters, they consider screening in a theater critical to the success to their film. Musicians like record stores, but they don't care if you buy their disc in a shop or at amazon, since it really has no impact upon the listening experience.

      --
      Don't blame me, I voted for Baltar.
    43. Re:Curious by ascendant · · Score: 1

      No points granted to me? =(
      From your reply, I don't think you understood my post completely.
      Also, I didn't say you were wrong, just that I didn't agree with that point.
      I basically said that labels and studios are the same thing, but to work for different groups.
      If a musician doesn't like his label, he can pack up and move to a different label (or finance independently blah blah).
      Second, you can't say music stores don't facilitate music listening. I'm sure there are a lot of people who would listen to a lot less music if music stores weren't around. Blah blah vending- you can listen to music at music stores too.
      Finally, theater screening isn't necessarily critical to the success of a film. Sure, tehy make wads of cash from it, but they make more from DVD sales and such. Reference, just a quick google search It alomst seems that, like listening to music at music stores, watching movies at a theater is also just sampling so you can decide to buy to keep the movie later.
      Once again, your flaw was that you said musicians hate labels, but producers love theaters. Neither of those is wrong, but it's like saying water is wet, but bricks are heavy. They don't equate, and you will confuse people who read that and think they do. (and possibly yourself)

      --
      Do not attribute to malice that which can be easily explained by incompetence.
    44. Re:Curious by Antique+Geekmeister · · Score: 1

      Oh, my. I'll assume this one is a troll, but answer it anyway.

      Yes, they could release it under public domain, and it would instantly be grabbed, modified, and the modifications copyrighted so the GPL author could not use the variants, and would get sued for using those modifications. This is precisely what Microsoft tries to do with their "embrace and extend" approach to open source software, so it's not an imaginary problem. And it's what the early AT&T UNIX authors did, which is why Richard Stallman spent so much time reverse-engineering software in order to patch it, became understandably frustrated, and created the free software movement to preserve the freedome to write and modify software based on the ideas of other people willing to share their software.

      If copyright did not exist, there would be little punishment available to people who don't want others able to modify, extend, or reuse their software, so the primary freedoms of the FSF would already be protected without slapping a GPL on it. OK, there are some remaining software patent issues, but the problem would be much smaller.

      Keep in mind, though: copyright is not only about money for authors. It's about control of information. Copyright is used to prevent people from publishing the secrets of Scientology and other cults, it's usd to prevent publication of private correspondence, to prevent publication of internal government documents, prevent publishing modified copies of the Bible and the Quran that heretical followers might use, etc. Removing the money issue does not eliminate the need for or desire for copyright. We're seeing that right now in any place where the lawmakers want their secrets preserved, used to prevent publication of recordings of those lawmakers and their contributors.

    45. Re:Curious by vuffi_raa · · Score: 1

      I agree and disagree- I think that the $1-$2 model is bad- look at someone like me- I will not pay for mp3 downloads per song and I wouldn't pay for downloads per movie, but I would pay for a high speed well seeded non drm all you all you can eat model- the same way that I pay for netflix right now. The fact is that I am not alone in this thought process- personally i would use the service often if for no other reason than the fact that I have a couple of hours of commute time per day that I would be watching these movies. I do though think that the better model would be to have embedded product placement randomly in the movies (non-obstructive transparent lower right like on TV) and provide them for free on a well seeded high speed connection with no signup so that users of filesharing networks would actually use their site as a first reference rather than a last reference for media.

    46. Re:Curious by iluvcapra · · Score: 1

      Second, you can't say music stores don't facilitate music listening. I'm sure there are a lot of people who would listen to a lot less music if music stores weren't around. Blah blah vending- you can listen to music at music stores too. Finally, theater screening isn't necessarily critical to the success of a film. Sure, tehy make wads of cash from it, but they make more from DVD sales and such.

      Music stores facilitate music listening, but a musician can sell an album without it. This is isn't really true of theaters: it IS true that studios make a majority of their money from DVDs, but the writers, producer, director and stars make most of their money from the theatrical run (it's where they make their money, royalties from DVD are peanuts by comparison). On top of that, studios make a ton of movie on DVDs if and only if the movie was a first-run theatrical feature in the first place -- it gives the film legitimacy in the eyes of the DVD market. Films that didn't have a theatrical run end up in the $4 bin at the Walgreens, with the DVD distro getting the sale and the artists getting a flat payout for the license.

      Theater exhibitors are a gatekeeper to profitable feature filmmaking, like it or not. You can get your movie out without them, using internet, DVDs, whatever, but not in a way that has the same upside potential (that 20% of the first-dollar gross that's guaranteed to return the star $20 million). Why didn't the guys who made Napoleon Dynamite or Little Miss Sunshine just put their movie up on MySpace and solicit donations for their next movie? They're ambition and goal was to get theatrical, because it was the only real way to make back their investment.

      The only major competitor to the theaters are premium cable channels HBO, but ad revs from those miniserieses (like From the Earth to the Moon) tend to be lower and the artists don't get the same kind of cut (they don't get a percentage unless they are the show creator or EP). TV is a worse deal $$$-wise than theatrical run for the people who actually do the work, and other distribution channels are only worse.

      Let me drive home a point that I've left foggy, though the other branch of this thread touches on it: Artists REALLY REALLY LIKE the deal movie studios give them, even when the film is small. They are shoveled money if the movie does good in theaters. All the little creative issues and pressures they felt while making their film melt in a wave of cash. Almost no recording artists ever got such a deal from their labels, and now instead of offering better terms or profit participation to their acts, labels are insisting on 360-degree deals with new signs, which (rightly) horrifies their business managers and agents, and drives them away from the traditional label system EVEN MORE.

      This entire argument, of course, is based on the supposition that the people who make the movie want to make money. Take that away and everything is up for grabs.

      --
      Don't blame me, I voted for Baltar.
    47. Re:Curious by toddestan · · Score: 1

      In a world without copyright, what would keep software vendors from grabbing the code, modifying it or whatever, then distributing it? The software vendors aren't going to distribute source, so all the authors would get back is some binary blob that has some of their code in it. Not too useful because they could not implement those changes in their version. You need something like the GPL to force them to give back to the community in the form of source code for their modifications.

      Furthermore, the software vendors wouldn't have copyright to use as a tool to keep people from redistributing their binaries, but I would assume that they would attempt to stop people in other ways. For example, making someone sign a contract similar to a NDA before giving them the software that would forbid someone from redistributing it. The GPL stops this from happening too, as under the GPL license you cannot stop someone from redistributing software once you've given it to them.

      The free software movement is not about the maximum amount of freedoms, which is achieved by placing something in public domain (for which everything would effectively be in a world of no copyright). It's about keeping things open and giving back to the community. Sure, in a copyright free world you'd still get people who'd play along, but you really need the power of the GPL and copyright law to force those to comply that otherwise wouldn't.

    48. Re:Curious by richie2000 · · Score: 1

      Linux already has this on Windows, but Windows is still dominant. That's due to other factors. If all else was equal (which it rarely is), open would win. Especially in the business market, where a very large majority of all software is customized somehow. I grant you that in the home or even SoHo markets, convenience and price are kings and right now that means either OEM or pirated Windows.

      in practice that only applies to people who disclose their source, which ain't everyone. There are ideas for modifying copyright to create incentives for disclosing source code, either by giving them longer duration or better protection when putting the code in escrow or releasing it outright. IMHO, the code is what should be copyrightable in the first place.
      --
      Money for nothing, pix for free
    49. Re:Curious by Antique+Geekmeister · · Score: 1

      In a world without copyright, if a vendor publishes the software and I reverse engineer it, modify it, or find a copy and republish it, I can act without fear of reprisal.

      Then GPL isn't necessary, or mostly isn't. (Patents and trade secrets get tied up in it and get interesting to deal with.) As it stands, if I don't say "you have to share the code", people will take the code I write, walk away, and never let me see what they did, then sue me for copyright violation if I happen to write new code that is similar. And this is nearly inevitable with any large software project!

      This can, and has, happened repeatedly. Take a look at the FSF pressure on router manufacturers who did exactly this sort of thing.

  8. Collapse by Anonymous Coward · · Score: 3, Insightful

    Shutting down Napster was a huge blunder for the record companies, leading to the collapse of the entire industry. Not to defend the record companies, which are relics destined for obsolescence, but I suspect that not shutting down Napster would have led to the industry's collapse as well.
    1. Re:Collapse by Anonymous Coward · · Score: 1, Interesting

      I wonder...

      Back in the days of Napster I would routinely buy albums based on songs I downloaded. I surely didn't purchase everything I downloaded, but I did buy a lot of CDs. Then the RIAA started doing its insane routine, and I became less interested in doing anything that would bring them revenue. I don't often purchase CDs anymore, and when I do, they're used. I just don't care about doing the "right thing" when the RIAA acts in this manner.

      I'm feeling the same about DVDs anymore. That fucking "FBI WARNING" that I cannot skip every time I put a DVD that I purchased in my player is enough to make me feel fine about copying Netflix DVDs (since I no longer purchase DVDs, either).

      In short, the companies piss me off enough that I like doing things that they feel costs them money. It's illegal, yes, but when they treat me like a criminal, I oblige.

    2. Re:Collapse by bpeter3 · · Score: 2, Informative

      If you read the rest of it, the author says that shutting them down outright was a mistake. He says they should have sat down with Napster and worked out a revenue sharing/licsening deal. That way the record labels would have had a well established, well run, well liked outlet for their music. They probably would have lost some customers from Napsters peak if it went to a pay service, but it wouldn't have been completely unprofitable. Instead, the shut down Napster and all the people using it went elsewhere and nothing was solved. (Napster was revived, but it was a watered down service in comparison to the original and way too late on its return). Years later, the same issue still exists. "Pirate" clients/webpages are still the best way to get good quality music files. The "legit" offerings from the record labels are not up to par with what the original Napster offered. In fact, they're not even close (limited selection on some, DRM, format restrictions, ease of use, etc.). Suing did nothing to improve their standing.

    3. Re:Collapse by BalanceOfJudgement · · Score: 1

      In short, the companies piss me off enough that I like doing things that they feel costs them money. It's illegal, yes, but when they treat me like a criminal, I oblige.


      As the adage goes: Treat people the way you want them to act. However you treat them, that is exactly what they will become.

      My personal experience at least, bears this out as truth. It's human nature.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    4. Re:Collapse by Anonymous Coward · · Score: 0

      Another thing people seem to forget about Napster is that you could only download single songs at a time. It was really primitive, and it seemed like half the time the end of the song would be cut off like the last couple seconds except Napster would tell you the download was complete. For its time it was cool. But if you think of it in terms of demos, annoying beeps or fade outs or abrupt cut offs and low bitrates and not being able to select albums etc, it may have been in the interest of the music industry to let Napster live. Shutting it down probably hastened the arrival of and evolution of the technology.

      I'd say go back to the 14 yr copyright period. I'd be a lot more inclined to respect that. I do think decentralization is the name of the game now. So I'm glad to see big concentrations of power/greed/corruption dissapate. Fuck them. how about abunch of fast adapting individual intelligent peers and a way to compensate and recognize those peers generating interesting content? Or something like that. The exact mechanics of how that would work is a little beyond me, off the cuff as it is here.

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

      Keep in mind that CDs often cost MORE than DVDs. You can get good movies for as little as 99 c at Frys. I frequently buy movies for between $4 and $7 thanks to Best Buy and Circuit City. I find with movies I'll buy it unseen for $4. If it interests me at all, that's about gas + rental + gas, so why not. The biggest obstical now to me watching a lot more movies is a lot more money, and Microsoft not "following through". If I had the money I'd make a multi-TB media server with Vista. WMP doesn't have DVD ripping built in. But if it did with xbox 360 as a target, I can imagine going on quite the movie binge. Stuff like TV series box sets would make a lot more sense, where I wouldn't have to remember which disc chapter I was on. Especially for something like MASH which was so culturally significant. I might go from hundreds of DVDs to thousands. But DVD ripping isn't built in, which means I have to buy dvd ripping software, and I might have to rip to one format and then make a 360 target, which is time consuming and lame.

    6. Re:Collapse by commodoresloat · · Score: 1

      but I suspect that not shutting down Napster would have led to the industry's collapse as well. which means that Napster had nothing to do with it either way - the industry collapsed because it refused to change with the times, not because of any impact Napster had. Napster showed the way for a different business model that might save them -- they chose to sue the messenger and ignore the message.
    7. Re:Collapse by Hatta · · Score: 0

      I'd say go back to the 14 yr copyright period. I'd be a lot more inclined to respect that.

      Me too, but only because very little music worth listening to has been made in the past 14 years.

      --
      Give me Classic Slashdot or give me death!
  9. Re:Napster, WTF? Hotline Servers by smclean · · Score: 5, Funny

    The original internet scene?

    I'd actually began to mention BBSs and then erased it, because I figured if I start down that road, people are going to say, "Actually, it started with people copying each others punch cards."

    --

    "'Yrch!' said Legolas, falling into his own tongue."

  10. OLD WHITE MEN by MilesNaismith · · Score: 0, Flamebait

    Because they STUPID OLD OLD WHITE MEN who cannot come up with anything new! The answer is always, okay smarty-pants meet my lawyer Mr. Cohen. Meanwhile, let's dust off another old movie and do a remake, or a sequel.

    1. Re:OLD WHITE MEN by Dunbal · · Score: 1

      STUPID OLD OLD WHITE MEN

            Funny you had to bring color into this. Like "rap" songs are completely different and original and have been for the past 30 years...

      --
      Seven puppies were harmed during the making of this post.
  11. Re:Napster, WTF? Hotline Servers by MightyYar · · Score: 1

    That's why he said "The original internet scene..."

    I was "pirating" mix tapes with friends before home computers could play anything approaching recorded music.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  12. No one can compete with FREE?? by Mononoke · · Score: 5, Funny
    Eight years later, there isn't a single authorized music service that can compete with the original Napster.
    Wow, you're right! Not a single legitimate online music retailer can compete with a company that paid $0 for the products it distributed. That's amazing!

    You should teach an economics course or something!

    --
    NetInfo connection failed for server 127.0.0.1/local
    1. Re:No one can compete with FREE?? by m0nkyman · · Score: 0, Offtopic

      Linux, meet Microsoft. Hmmmm.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
    2. Re:No one can compete with FREE?? by cronius · · Score: 3, Insightful

      I know you're kidding, but just a quick comment on that: Bottled water. Don't know how the water quality in the states are, but in Norway we have very high quality on the water that comes out of the tap. Personally I can't tell the difference between tap-water and bottled water if they're the same temperature. When Norwegian companies started selling bottled water, they we're laughed at. "There's no way you can compete with something that's free, that's just ridiculous." Today it's a strong business.

      As for the movie/music industry: Service. Download all you want from itunes without DRM for $10 a month? Hell yes. There's no way TPB could compete with THAT, because the service you receive is so much better it would be well worth the price. A service is something people are willing to pay for, even though that same service could be received for free (by e.g. washing your own car etc).

      --
      Life is Reality
    3. Re:No one can compete with FREE?? by Mononoke · · Score: 1
      Two things: 1: Music does not flow out of a tap somewhere for free. At least good music doesn't.

      2: Washing your own car isn't free, either.

      What you are advocating is giving away a product for nothing more than the cost of distribution. No one will do that for any length of time if they want to pay their bills.

      --
      NetInfo connection failed for server 127.0.0.1/local
    4. Re:No one can compete with FREE?? by grahamd0 · · Score: 1

      In the US, like your country, bottled water is sold under considerably more lenient standards than tap water. Then again, most people here think "artesian" means "good".

  13. Cory: It's called money by samuel4242 · · Score: 3, Insightful

    Now Napster was great for you, me, and all of other hepcats, but it kind of sucked for the artists and the recording companies. And yes, I know that the recording companies rip off the artists. But if Napster rips off the recording companies, then the artists are guaranteed to get nothing.

    I personally like iTunes and the iTunes store. I don't mind the DRM and I re-rip the few songs I need to move. It's a pain, yes, but I think the price is fair. So I think iTunes is infinitely times better than napster because at least some money is headed in the right direction. Even if only 5% makes it through to the artists, thats an infinitely greater amount than Napster ever paid them.

    Sheesh. I owe so much to the artists who've written songs that have gotten me through some tough times. 99 cents is nothing compared to the gifts they've given.

    1. Re:Cory: It's called money by kebes · · Score: 4, Insightful

      Now Napster was great for you, me, and all of other hepcats, but it kind of sucked for the artists and the recording companies.
      But Cory's point was that Napster could have been transitioned into a wildly successful business, bringing cash to the recording companies. According to him:

      Napster's plan was plausible. They had the fastest-adopted technology in the history of the world, garnering 52,000,000 users in 18 months -- more than had voted for either candidate in the preceding U.S. presidential election! -- and discovering, via surveys, that a sizable portion would happily pay between $10 and $15 a month for the service. What's more, Napster's architecture included a gatekeeper that could be used to lock out nonpaying users.
      So if Napster had kept its tens-of-millions of users, and 50% of them were truly willing to pay $10/month, then that's billions of dollars a year that could have been pulled in. If that's not enough to support record companies and artists, then there is something seriously messed up with their businesses. The point is that users were willing to pay for the convenience of Napster: easy access to a massive catalog. The subscription model was also appealing to alot of people: you don't have to worry about how much you're downloading. There's a limit to how much music a person can listen to... so alot of people will actually end up spending more money on an $10/month subscription that they do on buying CDs. They will do so happily if the service suits their needs.

      Cory believes there was a huge missed opportunity for the industry to re-invent itself, and make money in a new age.

      The success of iTunes drives this point home: everyone knows you can get free copies of music from various websites. However people are willing to pay iTune prices for the convenience. The labels are still caught up in an old business model ("each copy a person listens to must be a trackable sale we have made") rather than accepting a new business model ("charge people a monthly fee for access to an exhaustive catalog").
    2. Re:Cory: It's called money by Anonymous Coward · · Score: 0

      Sheesh. I owe so much to the artists who've written songs that have gotten me through some tough times. 99 cents is nothing compared to the gifts they've given.
      Don't be such a pussy! Find your courage in a bottle, like a real man.
    3. Re:Cory: It's called money by Hao+Wu · · Score: 1

      But if Napster rips off the recording companies, then the artists are guaranteed to get nothing.
      Only at first. Once the recording companies die, artists would be forced into more direct sales of their music (minus the greedy, exploitive middlemen), and they could take home even more money.

      --
      I suggest you read Slashdot
    4. Re:Cory: It's called money by Viceroy+Potatohead · · Score: 1

      There's a counter-argument of sorts for what you say, or rather a concurrent counter-thread. While I agree that the artists (and in fact entities throughout the entire chain of production costs) should rightly get paid for the product [wince], it's the 95% that makes me belligerent toward the whole industry. I no longer want that 95% (alright, maybe it's 80%) going to a bunch of rich motherfsckers who will gladly assume I am a criminal, have the fortitude and ability to legally crush me regardless of guilt, and use capital to co-opt legislators to alter laws even further in their favour. I feel betrayed by industries I spent a quarter of a century using the majority of my expendable capital supporting. So I don't feel at all good when 5% of my purchase goes to the artist. And I also don't feel good about getting it for free. AFAIC, there is only one option (read, no option): boycott this retarded industry until either the ridiculous state of copyrights changes to balance the rights of the creator and the commons and the capital, or someone comes up with a brand new idea that doesn't fsck me over as the teat that the RIAA clients have been sucking. The current system, IMO, defends the interests of the capital over the other two way too much.

      I WANT to pay the artists for this wonderful shit they've given me. But don't excuse the 95% that goes to eroding the commons, buying politicians, and ruining peoples lives along the way. It's the same 95% that eats up and devours many of these artists as well as their customers.

      It's shitty that Art has come to this. Who turned the things that inspire humanity into a commodity market?

    5. Re:Cory: It's called money by Anonymous Coward · · Score: 0

      52 million times ten dollars a month times twelve months is a little over three billion dollars a year. Warner Music alone makes more than that. Small wonder the record companies didn't want to settle.

      Napster did eventually start a subscription-based music service: last year the company posted a 54.95 million dollar loss. Oops.

    6. Re:Cory: It's called money by Dunbal · · Score: 1

      Find your courage in a bottle, like a real man.

            REAL courage can be found hanging at the end of a rope.

      --
      Seven puppies were harmed during the making of this post.
    7. Re:Cory: It's called money by Anonymous Coward · · Score: 0

      I screwed that post up. It should be: "52 million times 50 percent times 10 dollars a month times 12..."

      Serves me right for arguing on the internet >:P

    8. Re:Cory: It's called money by Hatta · · Score: 1

      Now Napster was great for you, me, and all of other hepcats

      You know, napster kind of sucked. Bad quality mp3s, frequently mislabeled, and almost never an entire album available. It was ok for the time I guess, but even then you'd get better stuff on irc or newsgroups.

      But if Napster rips off the recording companies, then the artists are guaranteed to get nothing.

      That's not true. Most artists get more money from playing concerts and merchandising than from their record deals. The big benefit of signing a record deal is the publicity, and free distribution + word of mouth is a good replacement for that.

      --
      Give me Classic Slashdot or give me death!
    9. Re:Cory: It's called money by ghyd · · Score: 1

      Question: most of the artists I like are not well known. I can find almost 100% of what I'm looking for on P2P, around 50% on amazon US (I can use it from Europe but why do - in 2007 - I have to pay 25$ for one short album, it seems insane to me, especially if the artist is long dead). So do I-tune or any totally legal service provides for example: -Ali Akbar Khan, "Connoisseur" label recordings. -Nils Landgren and Esbjörn Svensson, for aexample the "Layers of Light" album -Debussy played by Casadesus and Maréchal - Cello sonata (1930) -the real first albums (not compilations) of Billie Holiday ? -Hamza el Din ? -Zhou Yu ? If there's one legal music service with affordable prices that has this kind of music, I'm probably sold. I just don't know about it yet ?

  14. it's generational by circletimessquare · · Score: 4, Interesting

    it's very much about a bunch of old guys who ask their secretaries and assistants to send an email. they simply don't get it, where "it" is any technological innovation after the year 1990

    these old mogul type guys are from an era when you DID solve the problems of piracy by suing someone. because in the good ol' days, piracy was done by some mafia dude with a cd press or vinyl press or a bunch of cassette decks in a warehouse or closet room somewhere, and there were about 6 pirates out there who were making any economic impact on their bottom line: a small group of slow easy targets, and it was easy to get the fbi to help you

    now of course, anyone who can download a program and drag a file in to a folder is a "pirate". which is basically every single young, music hungry, technologically savvy, and, most importantly, POOR student... in the entire world

    but the old guys just don't get that

    the solution?

    wait. the old geezers will just die off. the guys who succeed them in the boardroom will know what's up and what's down about the realities of the internet

    give it a decade or so. these RIAA and MPAA lawsuits are obviously incredibly retarded. but your complaints about the obvious realities of today fall on deaf old ears

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:it's generational by Attila+Dimedici · · Score: 1

      It's not that these companies are run by people who don't get it. They are run by people who get it exactly. The problem is that those company make lots of money fr things that aren't needed in the marketplace anymore. There used to be lots of costs involved in distributing music and movies (creating the media, marketing, distribution, etc). Most of these costs have gone away or are going away. There is little reason for either the consumer or the artist to give this money to these companies anymore. These companies are trying to build a model that will allow them to make money. They are hoping to delay the transition to the new model long enough to find a business model that allows them to make money in the new situation. They know what is going on, they just don't know how to make money from it.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  15. Why a Sequel? by Anonymous Coward · · Score: 3, Insightful
    One of the reasons (and I'm sure not the only one), is that there is no more Hollywood any more. Instead, there are huge corporate entities that also happen to own entertainment companies, like GE owning CBS, or Time/Warner/AOL.

    Policy about intellectual property is the responsibility of corporate lawyers, and they have a very primitive world view. They assume that all ownership is like physical ownership. If you own a theater, someone pays you to sit in the seat. If you sell songs, you sell the physical media. They don't understand that this model is no longer valid, and they don't have the flexibility to change.

    This is why Apple has succeeded with iTunes. Apple understands the new online world, and they have figured out how to make money. It's not surprising that a tech company would be able to succeed, and old line traditional companies would fail.

    Another side of the lawyer mentality is that you can only win by suing people. For some people in the law, not suing is like not breathing. (Insert shark joke here.) They see that their business model is going down the tubes. (Insert 'series of tubes' joke here.) Their first and only reaction is to sue. Why are you surprised by this? They are doing what they were trained to do, and what they are very well paid to do.

  16. Na[ster 2: Electric Boogaloo by proverbialcow · · Score: 3, Funny

    Because, as this summer has proven amply, the movie industry has temporarily run out of ideas and is only capable of producing sequels. Spider-man 3, Shrek 3, Pirates 3, Die Hard 4, Napster 2...

    --
    The only surefire protection against Microsoft infections is abstinence. - The Onion
    1. Re:Na[ster 2: Electric Boogaloo by rahvin112 · · Score: 1

      Wow, Hollywood only produced 4 Movies this year!!!

      I think you forgot: Transformers, Star Dust, Daddy Day Camp, Skinwalkers, Harry potter and the Order of the Phoenix, Hot Rod, Bratz, and Ratatouille, I know who killed me, Who's your Caddy, Becoming Jane, Talk to me, Rescue Dawn, Knocked up, Sicko and Evan Almighty to name just a few of the ones in theaters RIGHT NOW.

      As far as sequels, you missed Fantastic Four Rise of the Silver Surfer and The Bourne Ultimatum.

      The fact is there are always a number of sequels, Hollywood is a business and if you have a successful movie you sequel to maximize revenue from the franchise. It's entirely disingenuous to call that "out of ideas" as the sequels are not the same movie as previously, they require new scripts and new plot lines. But the reality is that there are hundreds of Movies produced every year by Hollywood. If all you care about is action movies, the selection is often limited and the large blockbuster action flicks this year were mostly sequels. But Hollywood hasn't run out of ideas (I find the idea of that alone rather silly as millions of scripts are year are produced and submitted to Hollywood every year) unless you only watch action movies which makes you a shallow and pointless movie viewer. There are as I said hundreds of unique movies produced yearly, and even more independent films some of which are equal to the best of Hollywood. Why don't your broden you viewing habits before you declare that the entire production capacity of the hundreds of studios, small and large is "out of ideas".

    2. Re:Na[ster 2: Electric Boogaloo by Anonymous Coward · · Score: 0

      Because, as this summer has proven amply, the movie industry has temporarily run out of ideas and is only capable of producing sequels.

      Thank god!

    3. Re:Na[ster 2: Electric Boogaloo by Anonymous Coward · · Score: 0

      Yeah, 'cause it's not like "Daddy Day Camp", "Harry Potter 23", "Bratz", or "Evan Almighty" are sequels.

      Out of 4 + 15 + 2 = 21 movies, we've got 4 + 4 + 2 = 10 sequels. Half -- and you seemed to be *trying* to list non-sequels.

      That doesn't seem like a lot to you?

    4. Re:Na[ster 2: Electric Boogaloo by proverbialcow · · Score: 1

      I think you forgot: Transformers, Star Dust, Daddy Day Care 2, Skinwalkers, Harry Potter 5, Hot Rod, Bratz, and Ratatouille, I know who killed me, Who's Your Caddy?, Becoming Jane, Talk to Me, Rescue Dawn, Knocked up, Sicko and Bruce Almighty 2 to name just a few of the ones in theaters RIGHT NOW.

      Not to mention the "originals" in the above list that simply re-hash movies that already made it big: Transformers: The Movie, Napoleon Dynamite, High School Musical, Toy Story, Caddyshack, Good Morning, Vietnam, and Bowling for Columbine.

      My point is, every few years Hollywood stops making original, non-derivative movies and decides to paint-by-numbers their way through a season or two. This is one of those times. The Simpsons is the best movie I've seen this summer, and frankly, it wasn't that good. (Hot Rod sucked, and I really wanted it to not suck because I like Andy Samberg.)

      I do have high hopes for Stardust and Superbad, and I still want to see Knocked Up, though.

      --
      The only surefire protection against Microsoft infections is abstinence. - The Onion
  17. you insensitive clod by circletimessquare · · Score: 5, Funny

    i specifically remember trading brass gear assemblies that made pipe organs play the 1812 overture with others in the underground pirate charles babbage adding machine scene

    you young whipper snappers and your pirate ragtime player piano paper scroll scene, you have it so easy today... YOU try hauling around 50 pounds of brass machinery under YOUR overcoat!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you insensitive clod by shawb · · Score: 1, Funny

      You ratscallion punks with your fancy mechanical mu-ziq. Back in my day, we had to trade entire orchestras to share our music. Ponder hiding THAT from the local constibulary!

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
  18. Re:Napster, WTF? Hotline Servers by Anonymous Coward · · Score: 0

    Yeah, because there was no such thing as online piracy until 1997... *rolls eyes*

    Here's a tip. Just because you aren't aware of something doesn't mean it doesn't exist.

  19. Because the law is the law!! (and other stupidity) by Theovon · · Score: 1

    Some people, particular when they feel it suits them, feel that any time someone breaks the law, they're wrong and must be punished. Smart people recognize that "legal" and "ethical" are two different things, but apparently, people at record companies aren't smart.

    Now, one thing that must be said in their defense is that if you do NOTHING to defend your intellectual property, what's likely to happen is that you'll lose your rights altogether. Under certain IP laws, you are require to defend your IP. But let's ask what would happen if the recording industry did NOTHING to defend their rights? That's easy. Everyone would assume they didn't care, piracy would run rampant, and the general idea of copyright would degrade. You'll notice that in certain Asian countries, IP rights are not important and infringement on copyrights, patents, and trademarks is completely unchecked.

    One of the reasons that music piracy actually increased revenue for record companies is because people using Napster knew in the back of their minds that this was illegal or wrong in some way. Some people even managed to think it through far enough to realize that artists might be harmed by not being paid for their work.

    So, we all agree that RIAA and MPAA are bastards and what they're doing is wrong. But we cannot let the whole idea of copyright be annihilated. Individual authors should be afforded the right to influence how the fruits of their labors are handled, and they should have the right to profit from their labor. Copyright and patent have been taken to an absurd extreme, with the fundamental concepts totally abused. But we should fix the system, not abolish it altogether.

    Just remember this: Without copyright law, the GPL wouldn't have the power it has to keep greedy people from taking your code and closing it up in their application.

  20. Re:Napster, WTF? Hotline Servers by Anonymous Coward · · Score: 0

    Awww, did someone hurt your feelings as a former retard who thought he was badass running Napster?

  21. Re:Because the law is the law!! (and other stupidi by Mprx · · Score: 1

    Without copyright and patent law there wouldn't be any need for the GPL.

  22. This is going to sound counter-intuitive... by kebes · · Score: 2, Informative

    Yes, the vast majority of people would give copies to a few friends... and enough people would give out copies to the world-at-large (and there are enough people who would download said copies) that these DRM-free files would spread far and wide.

    Now, some would argue that this shows that people are mean or short-sighted, or somesuch. Perhaps. Another explanation is that the status-quo assumptions about ownership, distribution, and monetization of creative works are entirely out-of-sync with reality (where "reality" includes concepts like "computers", "the internet", and "sharing").

    So then what's the solution? Well to me it seems obvious that domains of creativity that want to make money should just do what every other sector of the economy does: charge a price for whatever you distribute such that you actually make the profit you desire. (Rather than hoping for laws (e.g. DMCA) or technological measures (e.g. DRM) to come to the rescue.)

    So, in practice this would mean that after you make a movie, you sell it, to whoever wants to buy it, at its actual cost (several million dollars or whatever). The person who buys it can do what they want with it: make copies and give them to everyone, or sell multiple copies to multiple people, or do nothing with it. Anyone who receives a copy can sell it if they want, or give it away. They bought the copy. The original creative-workers have already been compensated.

    So how would this play out in an actual free market? You'd probably have commissioned works. You'd have companies setting up "donation-based content release" (e.g. "Did you like Spiderman 2? Well once we receive $X in donations, we'll release Spiderman 3 for the world to enjoy! Donate today!"). You'd have networks buying copies early on at high price, to put on TV along with ads... which is still a profitable business even if full ad-free copies end up on the Pirate Bay the following day. Then you'd have others buying copies later at lower prices. You'd have all kinds of websites set up (supported by ads or monthly fees) where you could download all the music and shows you wanted, nicely categorized. People are willing to pay for convenience and timeliness.

    The point is that companies would do what they do best: figure out innovative ways to make money by giving customers what they want at prices they are willing to bear. Yes, it's really that simple. You don't need special laws for this kind of thing to take place. Copyright did a fine job encouraging the arts for many years... but that doesn't mean it's the optimal model in the modern world. It's entirely possible that special laws are no longer needed to encourage the arts. Conventional capitalism may be enough.

    Now, I know I totally side-stepped the actual questions you asked... but I think I've responded to the subtext of your post. The fundamental question that people have in the anti-DRM debate is: "But without DRM, or something, then won't people just spread the copies far and wide?" The only reasonable answer is: "Yes, they will. Let them."

    1. Re:This is going to sound counter-intuitive... by iluvcapra · · Score: 1

      So how would this play out in an actual free market? You'd probably have commissioned works. You'd have companies setting up "donation-based content release" (e.g. "Did you like Spiderman 2? Well once we receive $X in donations, we'll release Spiderman 3 for the world to enjoy! Donate today!").

      I have friends that have tried this, and a big issue is marketing your donation scheme in such a way that you can find enough interested people to put up the money. If you were subjected to the Spiderman 3 ad campaign, except soliciting donations, you might find yourself aware enough of the film that you might put up $10, but the ad campaign for Spidey 3 cost $300 million! How do you raise the money to publicize the donation scheme?

      As well, it's almost impossible to get people to separate with their money without showing them a script, which would kinda ruin a lot of movies.

      In the end, you really wouldn't be putting the audience first, you'd be putting media personalities like Roger Ebert and Harry Knowles in the chairs now occupied by movie executives; the studios already heavily curry their favor to get good reviews, such types would just turn into mouthpieces for the actor's and director's agents, who would finally be the people who were packaging the actors/directors/scripts for the people who'd be hawking the donations.

      You might have single donors, but what economic incentive do they have to "donate" the money, since they'll never see a dime off it, aside from the AdWords on the download page. And commissioned art is a really dirty business; maybe the Medici's or Pope Urban got art for their money, but most people who commission works want to see their second hot wife try to act; they don't care about reaching an audience or entertaining.

      --
      Don't blame me, I voted for Baltar.
    2. Re:This is going to sound counter-intuitive... by kebes · · Score: 1
      You raise many good questions. I don't have all the answers... but I'll provide a couple ideas:

      How do you raise the money to publicize the donation scheme?
      One possibility is investors. The investors put money and expect a return. So the final "release price" is set to include the cost of advertising and investor returns. (Which, of course, is already the case for movies.)

      As well, it's almost impossible to get people to separate with their money without showing them a script, which would kinda ruin a lot of movies.
      For music it's easy to imagine releasing a few tracks and saying "like this stuff? Donate so we can finish the album!" For movies they would probably use advertising, trailers, etc. All the usual stuff. Would people end up unwittingly funding crap movies? Of course. (We do nowadays, too...) Chains of trust would develop. In fact if a particular movie reviewer consistently promoted movies (after watching a special private screening) that turned out to be awful, people would turn to better reviewers. (And if not... well then that's their money to waste...)

      And commissioned art is a really dirty business;
      We already have commissioned art. It's commissioned, distributed, and controlled by the powers-that-be in the entrenched media cartel. They already decide what is "decent," what gets promoted, what gets made. To have a bunch of different wealthy people all commissioning their own art is fine. They can do that today anyways. The difference is that without conventional copyright to use as a crutch, businesses would (I hope) reach out to the people for commissioned works, also.

      Like I said, I don't have all the answers. But I don't need to. Capitalism has done a great job at finding optimal solutions in a wide variety of markets: solutions that I could not have imagined... that indeed no single planner could have imagined. The only reason that entrepreneurs and innovators have not been able to apply their skills to the sector of art-creation is that copyright law (a government-granted monopoly) has a tendency to create aggregated cartels that control everything.

      I don't know for sure that a copyright-free world would "work"... but I think it's an option that is dismissed outright far too easily. I think it bears further analysis. (As a final tidbit, in the documentary Good Copy, Bad Copy they show various countries that have thriving markets for creative works, despite the people have no regard for copyright law.)
    3. Re:This is going to sound counter-intuitive... by iluvcapra · · Score: 1

      For music it's easy to imagine releasing a few tracks and saying "like this stuff? Donate so we can finish the album!" For movies they would probably use advertising, trailers, etc. All the usual stuff. Would people end up unwittingly funding crap movies? Of course. (We do nowadays, too...) Chains of trust would develop. In fact if a particular movie reviewer consistently promoted movies (after watching a special private screening) that turned out to be awful, people would turn to better reviewers. (And if not... well then that's their money to waste...)

      You're rationalizing away a lot of the complexity of "producing" a movie (all of that stuff phonies call "Hollywood bullshit"). Instead of tying the money to the MOVIE, you're tying the money to the PITCH. The money, the 10%s, the fees, the whole "show business" machine would be built around selling ideas that might make good movies, and not around the making of the movies themselves. Instead of directors like Fincher and McG being attached to maybe 5 movies (to actually direct 1), they attach to 100, in the hope that their name will draw money. And once the producer/impresario/whatever gets the money, he has little incentive to actually make a good one. You could suppose that they'll get a bad reputation for making a bad movie, but the names of people who produce movies are highly malleable, very few people do the same job very long in production and representation. The director on a bad film can always blame the producer, the producer the stars, the stars the director or the writer, ad nauseum, and when you have the finished work in your hand, it's almost impossible to tell which one person screwed it up. (And a lot of time people screw they're job up and are saved by others.)

      Once you announce McG is attached, is he REQUIRED to do the movie, otherwise the impresario is guilty of a bait-and-switch? What if the script changes and McG doesn't like it? What if he agrees under the condition of getting actress A, or getting final draft of the script? These rights are common bargaining chips filmmakers can use against executives, and you'd be taking them away, and putting all the power in the hands of the people who put the actors together with the director and the producer and the script, the Agents.

      Among the donors, they'd all demand creative control. You can tell them no, but bigger donors would start asking, and you'll give it because they have money. So you end up making promises to rich people, while the poor syndicalize and debate every FUCKING WORD of the screenplay like a ComiCon gab session, conduct insurgencies, whisper campaigns for or against X director or star, and generally make it impossible for anybody to have a single vision for what a film is supposed to be.

      I think my real problem with your idea is that it sounds like focus group filmmaking, and focus groups are, without exception, where films go to die. I've seen it over and over.

      copyright law (a government-granted monopoly)

      That's name calling. Monopolies are tolerable institutions if regulated, and as I pointed out in another thread, nobody around here complains about Linus Torvalds having "monopolist" copyright law on his side.

      We already have commissioned art. It's commissioned, distributed, and controlled by the powers-that-be in the entrenched media cartel.

      Politics aside, entrenched media cartels have to make money, and the amount they make is tied directly to the number of people that buy tickets. Commissioners don't give a damn, because it is to please an audience of one. That's really a defining difference.

      I don't know for sure that a copyright-free world would "work"... but I think it's an option that is dismissed outright far too easily.

      Any system that deprives an author of a right to control how a work is copied I would reject out of hand. In the age of the printing press, it's what defines authorship.

      --
      Don't blame me, I voted for Baltar.
    4. Re:This is going to sound counter-intuitive... by kebes · · Score: 1

      And once the producer/impresario/whatever gets the money, he has little incentive to actually make a good one.

      Most likely the movies would get made before the advertising blitz. In the long run it wouldn't be possible to keep people's attention consistently if they were asked to fund movies two years ahead of time (except in special cases). Most movies would be produced before-hand, and released right after a short "money-drive" period.

      Instead of tying the money to the MOVIE, you're tying the money to the PITCH.

      The opinions of trusted reviewers who have actually watched the movie may count for something. Yes, I know reputation systems don't always work. Yes, a reviewer could build up a good reputation on a few movies and then sell-out for big bucks. (Just like today.) So be it. The system would stabilize eventually. If movies were consistently falling below expectation, then people would stop funding them. The studios would still have a strong incentive to produce something that the people are going to like. (Perhaps moreso than today.)

      Among the donors, they'd all demand creative control.

      You'd think so, but that's apparently not the case. The one project I know following such a model (A Swarm of Angels) has 1000+ of the target 50,000 donors. The project actively solicits the input of the donors. First of all, the producer in question has made it clear that he will exercise creative veto over the donors if necessary. This is clear when donating. Secondly it turns out that the vast majority of people (even among the people who care enough to donate to such a speculative project) don't really want to get into the details. It's only a small number of enthusiasts that end up trying to contribute. If anything, getting people involved is hard.

      impossible for anybody to have a single vision for what a film is supposed to be.

      Again, I think many movies would be entirely finished before the money-acquisition even begins. So the director would be able to have a specific vision, subject of course to what the investors are willing to invest. (Just like today.)

      copyright law (a government-granted monopoly)

      That's name calling. Monopolies are tolerable institutions if regulated

      It's only name calling if you inherently assume monopolies are always bad (which you claim not to!)... :) Copyright is a government-granted monopoly. I agree that monopolies can sometimes be good, but history also shows that they frequently lead to unintended consolidation of power. We must be watchful of monopolies, and remove them if they do not serve the greater good.

      Politics aside, entrenched media cartels have to make money

      Most of what you say I do agree with to a large extent... However that statement I do not agree with. Media companies don't have to make money. They may want to make money, and they can do so within the bounds of law, but nothing requires society to erect (or maintain) specific laws to guarantee their continued profitability. If they go out of business, so be it. Many industries have withered as technology changed the landscape. New companies will grow to fill the void. That's life.

      Any system that deprives an author of a right to control how a work is copied I would reject out of hand. In the age of the printing press, it's what defines authorship.

      Actually copyright prevents copying and does little to define authorship. For instance plagiarism is not prevented by copyright. (You can plagiarize within the bounds of fair use, for example, and it's not illegal.) In any case, attribution can be entirely divorced from copy-protection legally, technically, and socially. So I don't think attribution alone makes a resounding case for keeping copyright around.

      Lo

    5. Re:This is going to sound counter-intuitive... by grahamd0 · · Score: 1

      ...this would mean that after you make a movie, you sell it, to whoever wants to buy it, at its actual cost (several million dollars or whatever). The person who buys it can do what they want with it... Yes, perhaps many large corporations would form around this profitable business model. We could call them "movie studios". If only we could find a place, maybe out in sunny California, where these corporations and the talent they rely on could all be located in order to facilitate the process.
  23. The immortal stallone by Bootle · · Score: 1

    "I am the law"

  24. nonsense by twistedcubic · · Score: 2, Interesting

    Eight years later, there isn't a single authorized music service that can compete with the original Napster.

    I call bullshit. I played "stump the DJ" with a friend who has rhapsody, and it was no less impressive than Napster, at least for all the obscure titles I know that I was amazed to find on Napster.

    1. Re:nonsense by Anonymous Coward · · Score: 0

      Ever tried to look for foreign artists?

      No, seriously. I'll bet I could list half a dozen Japanese artists off the top of my head, and I'd be surprised if Rhapsody had anything by any of them. Napster would, though -- well, it would have if it were still around.

  25. I see no reason by Anonymous Coward · · Score: 0

    why I should feel bad for people who are dumb enough to get busted for dowloading copyrighted music. It's like feeling sorry for that guy who camped out with grizzly bears until he finally got eaten by one. Forget those fools, it's their own fault what happened to them.

    1. Re:I see no reason by Dunbal · · Score: 1


      Yeah well next time you speed I hope you get caught and sentenced to life in prison. Your own fault for putting lives at risk... oh, life in prison a little harsh for you? I think it's fair. Just like a couple years in jail and 6 figure fines are fair for copying a DVD.

      --
      Seven puppies were harmed during the making of this post.
  26. Here's Why by Anonymous Coward · · Score: 0

    Lawyers sue.

  27. Inability to understand. by Kim0 · · Score: 1

    This is yet another example of peoples inability to understand even simple things.
    Hence the expression "shooting oneself in the foot". The nice ting about it is that
    one can pursue the same strategy against them again and again since they wont and cannot adapt.

    It is quite typical for groups of people in power to be there because they share some irrational
    belief, not because they are smarter, more rational, or better at making money. It is a power thing.
    It is a game of exclusion, not of cooperation. Examples: Music companies, freemasons, Bush & Co,
    religions, politics, investors, etc.

    But then again, most people follow this pattern, even many who believe themselves to be rational.
    I have found that one strong indicator of this irrationality is the inability of people to understand
    that "Absence of evidence is evidence of absence." Carl Sagan understood that this is true, while
    Bush & Co with their absent evidence of weapons of mass destruction in Irak, does not understand it.
    More surpricing is that the "American Statistical Association" does not understand it either, and
    they should, since they are statisticians.

    And now, to prevent some of the bickering that always appears when this is brought out, here is my proof:

    http://kim.oyhus.no/AbsenceOfEvidence.html

    Kim Øyhus

    1. Re:Inability to understand. by JustinRLynn · · Score: 1

      I am in a room with my eyes closed. I can not see, I have no evidence that anything in the room exists -- therefore it must not. Yet when I open my eyes and gain evidence, there things exist. Did that which I am looking at now not exist when my eyes were closed or did it exist there all along? If it did, is my previous assertion that it must not exist because I have no evidence of its existence logically cohesive?

    2. Re:Inability to understand. by Mode_Locrian · · Score: 1

      I found your proof very interesting, though I'm not quite sure about the first definition you offer (and on which the reasoning is crucially based). According to this definition, A is evidence of B iff P(B|A) > P(B|~A) (I'm using '~' instead of the corner symbol since it is easier to type).

      This definition has a few interesting features. First, it implies that there can be no evidence for a proposition whose (unconditional) probability is 1. (i.e. if P(B)=1, then P(B|A)=1 and P(B|~A)=1 so P(B|A) !> P(B|~A) so, by definition 1, A is not evidence of B (and this of course generalizes to any proposition A)).

      That limit case is not a huge deal, though, but I thought I would point it out.

      Second, what if the probability of A is very low (or even 0)? In this case, it may well turn out that P(B|A) > P(B|~A), but should this really mean that A *is* evidence of B? I think the indicative mood used in the definition doesn't square with how we normally think about evidence in our investigative practices (now, if you're offering a proposed *revision* of how we should think about evidence, that's another matter). I think the subjunctive mood might be better: "A, if its probability were sufficiently high, would be evidence of B". (Obviously "sufficiently high" would need to be given a rigorous, and hence probably arbitrary, treatment here for a workable definition.)

      Here's the larger issue, though: Even if your proof works, and establishes that "absence of evidence is evidence of absence" we need to ask how good this evidence really is. The biggest part of the problem here is in how we might go about determining the conditional probability of the claims in question. Built in to your proof is the assumption that, if there is evidence to be found, we can eventually find it (this assumption does the work in the argument that our continued inability to find evidence of (e.g.) UFOs makes it more likely that there aren't any). But why should we be so confident in our current investigative techniques? Why not suppose instead that "absence of evidence is evidence that we're not looking hard enough (or looking in the wrong place, or in the wrong way etc.)"?

      Interesting read, though.

  28. Copyright law at fault by Anonymous Coward · · Score: 0

    The problem, at the heart, is the state of copyright law in America and abroad.

    If media companies would let works pass into public domain after a number of years then people would be more inclined to pay for and respect the protection of works still under copyright. As it stands, no work of media will pass into the public domain, unless explicitly placed there by the copyright holder, for the rest of our natural lives. This perversion takes a law designed to protect the livelihood of the artist and turns intellectual property into life support for immortal corporations.

    It is unfortunate, then, that as a result the lines have been blurred to the point that there is equal disrespect for copyright of new and antique media. Which not only starves faceless media conglomerates, but also fledgling media producers. I question a copyright holder's business sense to completely forgo copyright and hope to subsist on live performances and charity alone. But I also shame artists and companies that use age old works as a form of pension.

  29. not abolished.... by Anonymous Coward · · Score: 0

    ...but it is going to have to be altered because of cheap replicator technology, which means we will have to rollback the changes they made so far, then alter those somewhat. Fast forward, we now have the beginnings of tangible objects replicators, the fast prototyper machines. Digital replication is now common tech,so what happened when that was invented and people really started making copies at home? They got "the man" to adjust laws in their favor, in effect, enforced technological luddism to preserve past business models. So...as we enter more of a real star trek like world, will we deny replicator tech for other things, based on lifetime + plus copyright monopolies? How far are we going to take it so that actual tech advvances are limited and start to slide away from encouraging the common good and the advancement of arts and sciences? Copyright concepts are entirely artificial and man made, which means we can reconsider them and alter them as situations change. So far, we have altered them so that two cents worth of digital bits is sold for 20 bucks and they still complain about it, when the solution is obvious, drop prices drastically to correspond to advances in the tech. How is that useful for society as a whole when they have the resources to bribe the system in their favor and not actually have to deal with true market forces with the addition of the common good. We need both after all, or just say heck with it and abolish all governments and laws. One or the other. If we still want some government and laws, how about we actually LOOK at the situation and see who is really scamming who here, and why.

        If we get cheap tangible replicators, and you can order up a sandwich and tea-earl grey-hot, for a penny worth of electricity and a penny worth of raw materials, will it "serve" us to charge 5 dollars, or can we feed more people for 5 cents and the originators still make a hefty doubling plus on their investment and work?

    I don't know what part of thousands of per cent profit these people need to make for their "hard work", other than whatever that number is they apparently want it is still way too high, and free/taking is unethical, so I think a compromise is in order, but the ball is in their court-recognize that the tech we have now makes your copies extraordinarily cheap, and price it accordingly, not priced like it was years ago when it was a lot more expensive to produce and distribute. If it takes changing the laws and actually placing a firm percentage of increase over cost, hard codified, then so be it, but price gouging and then gaming the "law" system is *not* productive for society long term. It just isn't.
    In the US we have had fatcats from the oil industry up in front of congress to try and prove they aren't price gouging, but on the other hand, we don't see the digital bits boys up in front of congress explaining why they need to make these thousands of percent profits. So which is it, does government protect all the people, just some of them, or what? Why do we even have consumer laws when some industries can profit immensely from changes in the law, while others are held under a microscope and told they can't charge what the market will berar? Why do we have public service commissions? Why not let all the electric companies charge as much as they want, after all it is their "product"? Oh ya, we decided that holding people up and price gouging was a bad idea. We should do the same with the technology deniers in the digital bits business because if we let them continue it is going to infect the even better tech coming down the road. Better to stomp that idea flat now that they can hold up progress because of the way things used to be. So, in essence, copyright, sure, good idea, their idea which is copy-wrong? I don't think so. If we have to go to actual hard numbers, a megabyte of data is worth two pennies transmitted over the net and no more, fine (whatever it is using industry pricing for bulk data transfer), then re visit it every five years for an update on actual cost. I say let them charge exactly double that cost, and that's it, no more, else THEY are abusing their limited monopoly status they are granted with a "copyright".

  30. TFA is *not* about piracy vs. legal access by gold23 · · Score: 3, Insightful

    There seem to be a lot of people bitching about IP and copyrights, and "well of course the Napster kicked their butts -- it was free!"

    But what Doctorow is saying is that both Napster then and YouTube now *want* to do deals with the copyright holders, but they only see a revenue stream coming from lawsuits (especially given Google's deep pockets). He points out that both the recording industry and cable television started out by poaching someone else's IP (sheet music and already-broadcast material, respectively), then doing a deal with the copyright holders after they were able to make money doing it.

    Please, read the fine ar... oh, right.

    --
    Trust not a man who's rich in flax / His morals may be sadly lax
  31. Where is the proof? by swokm · · Score: 1
    From TFA:

    Record sales are down every year Plenty of other links in TFA, but none there. Is this true? Proof? It's got to be somewhere...

    Unfortunately, http://www.riaa.org/ is stale and busted (imagine that) so their "piracy statistics" links just go nowhere. Wow, I wish I could rampage through the courts, extorting money from old ladies and children without any proof! I wanna be a media lawyer when I grow up!
  32. The music Business Is Finally Getting The Idea by Anonymous Coward · · Score: 0

    After suing file sharers for many years, the music business is starting to come around to the internet, In case you missed it the big news was that Warner Brothers signed a deal with media sharing site imeem.com, a couple of months after suiing them for being 'the youtube of music'. 5 years ago I'd never have imagined this happening, but now things are changing.

  33. Wait? by ScentCone · · Score: 0

    wait

    For what? For it to suddenly not cost anything to produce professional entertainment? For Pixar to spend several years and untold hundreds of thousands of animation and rendering hours/servers to produce a movie using only volunteers? For a 50-seat orchestra to not mind doing a film soundtrack for free? For it to cost nothing when an artist brings in talent from other continents to collaborate on a project? For Neal Stephenson to not worry about how he's paying his mortgage while he writes novels for hipster nerds who like to rent coffee for $4 but complain about $0.99 tunes?

    You want to wait, it seems, for all of your entertainment to be produced in basements by people who've just gotten off of their day job. Your absurd mental portrait of a bunch of old guys in pinstripe suits smoking cigars and plotting to harm young people who don't want to pay $18 for an album is... well, absurd. Do you not know anyone who creates things for a living, and that needs to spend 80 hours a week working on their craft so that what they produce is something more than the boundless oceans of amateur dreck out there?

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Wait? by Dunbal · · Score: 1

      For what? For it to suddenly not cost anything to produce professional entertainment? For Pixar to spend several years and untold hundreds of thousands of animation and rendering hours/servers to produce a movie using only volunteers? For a 50-seat orchestra to not mind doing a film soundtrack for free? For it to cost nothing when an artist brings in talent from other continents to collaborate on a project?

            Whoa whoa whoa there, the artist is entitled to be paid for his work. The point you're missing is the artist usually gets a PITTANCE and it's the MIDDLE MAN who is keeping most of the profits. Publishers are now OBSOLETE. If I can download a pirated copy of a CD for free through a bandwidth sharing tool like bit-torrent, your publisher can't claim 90% of the take for "distribution" anymore. THIS is what inflates the price. Your $20 CD gets $5 to the brick and mortar store (which you have to pay transport to get to), $12 for the publisher and his pals, and maybe $1 for materials/shipping and maybe $2 for the artist.

            We have the means to push this media out far far cheaper by doing away with the middle-man and doing it entirely electronically. THIS is what the middle men are fighting against, because it is their death knell. And you are just falling for it.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Wait? by Draek · · Score: 1

      no, to wait for the movie and recording industries to figure out a business model that isn't "charging anyone and everyone who watches, listens, quotes, sings or even mentions my work".

      the photography industry is slowly moving in that direction too, where 50 years ago almost all photographers charged for shooting the photos and then charged for each print, the "digital revolution" has made that many just charge a bit more for the shoot, and provide a couple of nicely-packaged DVDs with all the RAWs afterwards for the client to make as many prints as he may wish to, no royalties required.

      and if *they* can do it, considering they're probably one of the most technophobe industries there are (witness the glass-plate/negative, large-format/small-format, manual/auto-exposure, manual/auto-focus and of course film/digital transitions and the reaction to them), chances are that any other industry can.

      --
      No problem is insoluble in all conceivable circumstances.
    3. Re:Wait? by ScentCone · · Score: 1

      the photography industry is slowly moving in that direction too

      There is no such thing as "the photography industry," unless you mean the people who manufacture the equipment. There are only people who, in the course of what they do for a living, happen to use photography as a component of that activity. Professional wedding photographers spend perhaps 5% of their actual working time with a camera in hand. The rest of it is marketing, post production, etc. In many cases, they have indeed raised rates for the shoot, and then handed off a well-processed collection of images on CD or DVD. But contrary to your implication, they generally NEVER waive their copyrights. They license those images, in a limited way for use by their customers. The bride, for example, isn't generally allowed to sell one of the photographer's images of her for use on a magazine cover. The real impact of what you're describing tends to be the low-budget photographers that don't have the time, inclination, or skill to really handle all the post production, and can't do a good job of educating their prospective customer about how $500 worth of coverage of their event isn't even going to come CLOSE to covering the post production work that would be involved. So, they dump to CD, hand off the disk, and call it a day. And the results are exactly as crappy as you'd expect them to be.

      On the other hand, you've got entirely OTHER classes of photographers - such as people doing product shots, technical work, fashion, editorial images, etc. Totally different pricing models, and VERY much driven by how the image will be used, by whom, how often, and in what medium/a. If your take on what a it costs to produce a multi-million dollar film or expensive collaborative studio recording is being modified by extrapolating what one branch of lower-cost event photographers are doing in a competitive service market, then you're completely off base.

      they're probably one of the most technophobe industries there are

      I guess you don't know any professional photographers, huh. They buy tons of RAID storage, optical media, mobile devices, UPSes, high-end displays, fantastically expensive digital bodies, matching glass, RF transcievers, lithion-ion batteries, carbon-fiber supports, infra-red and RF-triggered multi-strobe remote systems, pen/tablet input devices, backup widgets, card creaders, flash ram of every sort, digital meters, display/printer color calibration hardware, constantly evolving post production software, web hosting services, online transaction systems... no, if you actually knew anyone in the business, you'd know that you've selected the worst possible example to try to make your case. And when one of those pro photogs busts someone using one of their images outside of how they've licensed it, they are very quick to trot out lawyers, exactly like their counterparts who produce films and audio material. And for good reason.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:Wait? by Draek · · Score: 1

      there's a huge gap between "not being able to license the photograph to be the cover of a magazine" and "charging for each and every print of the photograph", which was precisely my point, in case you missed it. And while it's true that the fashion and product photographers are still mostly in the old "pay-per-use" model, hence why I said "slowly", other areas are moving away from it which is still better than the movies and recording industries.

      ohh, and if you haven't met any professional photographer who still uses film and chemicals, let alone a medium- or large-format camera, I'd say that it's you who doesn't know much of the industry... but hey! good job in not reading the actual post you were responding to, you did a great job there.

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Wait? by ScentCone · · Score: 1

      "charging for each and every print of the photograph", which was precisely my point, in case you missed it.

      This continues to be an important practice because most people that handle their own printing (or take it to Wal-Mart, etc) to a really crappy job of printing the image. And a professional photographer's entire reputation hinges on what people actually see, in the way of finished work. Cheesily-made albums slapped together from otherwise good JPGs are not the stuff that properly fuels the word-of-mouth buzz that gets a pro new business. Again, the low-rent people aren't as worried about it, and hence their willingness to let go of that all-important stage of quality control.

      ohh, and if you haven't met any professional photographer who still uses film and chemicals, let alone a medium- or large-format camera, I'd say that it's you who doesn't know much of the industry

      And the reason that folks are still using medium-format and large-format film is that the costs of capturing that same amount of data by other means (and handling the post production "darkroom" workflow and archiving) remains prohibitive for most photographers. Medium format digital backs are great, but most people still can't afford a $25k 'blad, whereas a 12mp Canon 1D's output is perfectly servicable, relative to 35mm film. In the area where the available technology is actually adequate to the job (resolution, dynamic range, noise, etc), the new stuff has largely supplanted the old for pretty much everyone in that line of work. Your characterization of photographers, as an entire group, as luddites, is demonstrably absurd.

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:Wait? by cdrguru · · Score: 1

      Have you seen what is available on YouTube? Have you seen American Idol? People will flock to produce their own content when given the chance. Now they have the chance and a medium in which to publish it.

      Of course, it is crap. But that is to be expected. All entertainment at some level is crap and we are just entering a new period where most (or all) of it will be crap.

  34. Tired of all this "illegal" crap by Anonymous Coward · · Score: 2, Interesting

    OK. We have 2 scenarios here, one perfectly legal, one illegal, yet same concept.
    It is perfectly legal to:
    1. Record a show on VHS
    2. Invite people to then watch this VHS (given no $$$ is involved)
    3. There are storage/cables/wires (in this case RG6 coax, whatever speaker cables you have, home theater systems, etc) involved in getting the media on the VHS to the TV for people to watch

    Now all of a sudden, it's illegal to:
    1. Record a show on HD (hard drive)
    2. Invite people to then watch (download) from this HD (given no $$$ is involved)
    3. There are storage/cables/wires (in this case CAT5, fiber, routers, etc) involved in getting the media on the HD to the computer monitor for people to watch

    EXACT same concept, and it was ruled in courts a LONG ass time ago (before Internet was popular) that scenario #1 is perfectly legal. So why the hell isn't scenario #2 legal? You can not have a double standard, and that's exactly what we have.

    And do not say scenario #1 is "analog" and scenario #2 is "digital" as being the reason for them to be legal and illegal, cause that's a crock too. VCRs have S-Video output (I do believe that's "digital"?). If you record from satellite (digital) or digital cable, well, that's digital, and that's legal.

    1. Re:Tired of all this "illegal" crap by Dunbal · · Score: 1

      You make it sound like double standards are a new thing to the human race.

      Even better - people have had their houses searched and have been arrested for having devices that permit them to use pirated console games, and yet no one has ever had their door kicked in for owning a dual cassette player.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Tired of all this "illegal" crap by Hal_Porter · · Score: 1

      Because in scenario 1 you share with a few friends. Actually, I've never done this - the nearest I've got is watching a rented movie with other people, never something I recorded.

      Wherease in Scenario #2 I'm sharing a movie with hundreds of other people. And look at pirate bay - a popular torrent is downloaded by thousands of people over its lifetime.

      It's completley disingenuous to say that the two are equivalent from the point of view of the copyright holder. #1 is rare and involves few people, #2 is common and involves thousands.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    3. Re:Tired of all this "illegal" crap by RexRegis · · Score: 1

      Then in scenario #1, I'll just invite the whole town over. There, now involves thousands of people, but still legal (pray my house is big enough). There's not a setup number of people that all of a sudden makes this go from legal to illegal, so even though I understand your point, it is not valid.

      To say #1 is rare: You haven't seen my mother's VHS collection. She has hundreds of tapes, each with at least 2-3 movies. Damn, she has more movies on VHS than I do on my comp. Just like the number of people question, at which point does it go from "rare" to "common", thus "legal" to "illegal". To you, taped VHS watching may be rare, but to my mother, it's common, but still legal for her.

    4. Re:Tired of all this "illegal" crap by Hal_Porter · · Score: 1

      Then in scenario #1, I'll just invite the whole town over. There, now involves thousands of people, but still legal (pray my house is big enough). There's not a setup number of people that all of a sudden makes this go from legal to illegal, so even though I understand your point, it is not valid.

      I don't think it's legal in the UK. Tolerated possibly but not legal. Certainly rented videos have a sticker on them that says not for public performance. But I don't know if it is enforced.

      In the US if it is legal it's against the wishes of the copyright holders. Remember Jack Valenti's comment - "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." Presumably the courts didn't agree with him, so home taping is legal. But showing a video to the whole town is not home taping, and if you decided to do it, I suspect you have legal issues.

      Law, unlike software, has loads of grey areas like this, and it's quite possible that showing a videotaped TV program to your family is legal whereas showing it to the whole town is not. And quite frankly if you use reductio ad absurdem tactics on fair use rights like claiming that showing a home taped TV program is the same as distributing to thousands of strangers over the internet, you don't deserve to have fair use rights.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    5. Re:Tired of all this "illegal" crap by Anonymous Coward · · Score: 0

      It's definitely not legal in the UK. You are allowed to timeshift broadcast material (and that's a fairly recent legal innovation), but the law limits that to a month.

      In the UK there are absurd legal differences between the treatment of analog and digital material. But that's not why people are suddenly being sued; digital copiers get sued because they can be traced.

    6. Re:Tired of all this "illegal" crap by Veinor · · Score: 1

      In Scenario #1, there are only a few people, and they do not get a permanent copy of the film. In scenario #2, there are thousands of people, and they get their own copy.

  35. The big problem by DogDude · · Score: 5, Interesting

    The big problem is this. There's suddenly a shift in entertainment now, where people are simply not willing to pay relatively large amounts of money to relatively few people. Entertainment is everywhere, and there are tons of different kinds, and forms. So right now, nobody wants to pay $20 for a relative "hit" CD, so they're just taking the entertainment.

    In the 20th century, when culture in the US, at least, was much more homogenic, stars like Elvis'es, Marilyn Monroe's, Beatles were more universally loved and demanded (paid for). Now, nobody is interested to that extent because there's so much more to see/hear/watch/read. Sure, a few hundred thousand kids may want to pay $5 for the new April Levigne CD, they're not interested enough to want to pay $20 for a CD.

    Entertainers are simply not able to earn the money they used to make. Neither are the distribution company. We're seeing an overdue shift down in the amount of money that we are willing to pay for entertainment. Supply of entertainment shot through the stratosphere at the end of the 20th century, and demand merely shot through the roof increased with the population increase and populations joining the modern world (as far as entertainment is concerned).

    All of this stuff that this article was about are simply the transitional pains. I predict that in 20 years, very few entertainers of any kind will be able to earn much more than say, a big city local television news personality. The days of Michael Jackson buying amusement parks and Elvis collection gold Cadillacs is over. The days of $20 music albums are over, too. The problem is that the large entertainment industry, as a whole, are going to go kicking and screaming, whether they're actors, musicians, or distribution companies (which are even less relevant now than the entertainers themselves).

    The distribution companies do, of course, represent the entertainers demands for more money, of course. The problem for them is compounded by not only are peoples tastes diverging into more and more entertainment options, but people are especially not willing to pay for distribution. They're going the way of buggy whip makers.

    What does this mean? It means that in 20 years, celebrities will be everywhere, but few will be massive, massive stars. It also means that they'll be more like actual, working people, and might have to work on their own distribution, if they want to make a good living from it.

    Perez Hilton is a great early example of what most of tomorrow's celebrities will look like: organic, diverse, earning money by giving their "art" away for cheap or free, and making money from ads and sponsorships, while handling their own distribution straight to the people.

    That's all people are willing to pay for. Why? Well, even if the distribution companies lock it down perfectly, it won't work. The demand isn't there. If you don't want to pay $20 to watch a shitty movie that you'll forget 10 minutes after you watch it, you can hop over to YouTube, and watch some rapidly improving, amateur stuff for free or cheap.

    --
    I don't respond to AC's.
    1. Re:The big problem by iamnothere900 · · Score: 1
      You make some good points that I don't necessarily disagree with. That said,

      Perez Hilton is a great early example of what most of tomorrow's celebrities will look like Truly, we are doomed.

      organic, diverse, earning money by giving their "art" away for cheap or free, and making money from ads and sponsorships, while handling their own distribution straight to the people. You're joking right? Please tell me you're joking. Paris Hilton does nothing but consume oxygen that could be put to better use.
    2. Re:The big problem by cwilly · · Score: 1

      Wrong. There is plenty of money to be made in entertainment by entertainers. However, they won't be able to do it in the same ways that they have in the past, ie selling recordings, etc. I think those that are more creative than others (not just in their art, but more specifically - in their business) will still be able to make quite a fantastic living, way more than any local news broadcaster could consider making.

      Take Prince for example. He runs his own label, his own publisher, his own studio. He creates the music - an in some cases, plays all the music on a recording too. Instead of trying to get his new album pushed into records stores, he gives it away with a concert ticket. He gives it away with a copy of a newspaper. Did he make money from these give aways? Hell yes! The Mail paid him for each copy of the record they were giving with the paper. People paid insane prices for those concert tickets! He makes a great living!

      The real test is to see if a new artist, someone who doesn't begin their career through the "old" system can do this and be just as successful. The more creative businessman/artist will win.

    3. Re:The big problem by Kuvter · · Score: 1

      It means that in 20 years, celebrities will be everywhere, but few will be massive, massive stars. It also means that they'll be more like actual, working people, and might have to work on their own distribution, if they want to make a good living from it. I disagree. You use music artists as examples, yet you say entertainers, which is a broader group. I'm just not seeing entertainers, as a whole, making less. Look at pro sports, they're entertainers, and they're making way more money than they ever used to. We're just seeing drought in music right now, but there are still big named movie stars that are making it huge.

      The thing is the supply of music has increased. People can produce music in studios in their own homes. People can also distribute it over the net quickly and easily, albeit illegally in some cases. Effectively the supply of musicians is up, and the supply of types of distribution is up, which shrinks the over all demand for music as a form of entertainment.

      The problem is music is not regulated enough anymore and instead of pushing for innovation, in this regard, the old chaps at the big record companies are just suing to make up their losses and are effectively giving up on it. Sure music stores online is an innovation, but then they quill it with DRM which pushes people away. They're not giving the customer what they want.

      Pro sports is extremely regulated, which is why players are getting greatly compensated. Movies/TV series are regulated, and granted that's slipping a little, but I don't see any celebrities hurting from it. Books are regulated enough to still sell copies. Someone could have easily bought a copy of the new Harry Potter book, posted it online and distributed it as easy as a CD (and someone probably has), but it still sold millions of copies. The problem is that the big names in music don't know how to control music. However the big names in pro sports, movies, books, etc are doing just fine keeping their markets in tack.
      --
      "To be is to do." --Socrates
      "To do is to be." -- Aristotle
      "Do-Be-Do-Be-Do..." --Sinatra
    4. Re:The big problem by Anonymous Coward · · Score: 0

      But he didn't say Paris Hilton, he said Perez Hilton. The fact that you don't know who this "celebrity" is validates the original poster's idea that there will be no more superstar celebrities.

  36. The future of film by edwardpickman · · Score: 1

    Want to know what you can get for nothing? Head down to Blockbuster and find the crappiest video horror film you can find. Even those do cost some money but they are cheap enough for people to produce for ego reasons and not have to worry about keeping investors happy. Want big budget films like Transformers and Bourne? Those cost 1,000X to 2,000X, or more, as much to make. They need equipment and skilled people to make. Everyone working cheap still won't make them free it'll just drive out the last of the talented people. There is no economic model that can make high budget, or even low budget films, for no money. The only possible option would be massive amounts of advertizing which would result in people wanting to find ways to view them without seeing the advertizing. In that case advertizers would loose interest and the money would still dry up. If you want to see it pay for it, if you don't want to see it that bad pass on it. Supply and demand. If the revenue dries up so will the films.

    1. Re:The future of film by Dunbal · · Score: 1

      Want big budget films like Transformers and Bourne?

            Honestly? Not really. Oh the teenagers love those, but teenagers love whatever you tell them to love. So does Hollywood prefer to make $360M with a $150M movie, or $100M with a $5M movie? Which has the better ROI, I wonder?

      --
      Seven puppies were harmed during the making of this post.
  37. A bored little boy by Tablizer · · Score: 1

    The sue-'em-all-and-let-God-sort-'em-out plan was a flop in the box office, a flop in home video, and a flop overseas. So why is Hollywood shooting a remake?'

    Desparation. A bunch of overpaid lawyers are constantly told, "do something!". So, they have to make something happen or lose their job. A worthless something is better than no something to those paying them.

    1. Re:A bored little boy by BCW2 · · Score: 1

      Either that or just a terminal case of dumbass.
      I'm not sure which is worse!

      --
      Professional Politicians are not the solution, they ARE the problem.
  38. Re:Napster, WTF? Hotline Servers by IvyKing · · Score: 2, Insightful

    I'd actually began to mention BBSs and then erased it, because I figured if I start down that road, people are going to say, "Actually, it started with people copying each others punch cards."


    Home taping was the first worry of the media companies, I remember reading an article in 1970-71 Hi-Fi mag aout the ethics of taping records (tape recorders had been available since the 1950's). Similarly, one of the reasons why Ampex never got serious about a home video tape recorder was that they knew they were going to be sued by the media companies (Betamax decision...) - they figured that the Japanese with their assets offshore would make a much harder target for the media companies.
  39. Welcome to the Developed World. by Anonymous Coward · · Score: 0
    It's where reality has been replaced with fantasy. Fuck working, or responsibilty, or anything pragmatic, let's make a movie!

    I have many [wannabe] director friends, all young and trying to break in, but none of them are even remotely interested in making a film and putting on YouTube to tell their stories.
    That, my friend, is because they have actually little interest in telling stories, or the process behind it.

    To them, being a director means rehearsing your Oscar acceptance speech in the dormroom mirror, then your Oscar party moves afterwards.

    It's all about the money and image, which is why the movies suck so fucking much now! Your friends are just part-and-parcel of the whole problem.
  40. pickup basketball with old guys by BewireNomali · · Score: 5, Insightful

    Ever play pickup basketball with old guys? I'm a run and gun type player myself - and the old timers neutralize all that with the ground and pound. They back up the whole way down the court at two meters an hour, talking shit the whole way while swatting at you when you try to steal the ball. You get overzealous, he threads a backdoor pass from the three point line to the basket for an easy layup. It you tap the ball away he cries foul and complains that the young guys are beating up on the warhorses. Or he'll pump fake you like 14 times until you give up and he banks in the shot. old guys ALWAYS use the glass.

    the lawsuits are that old guy - taking a speedy process and slowing it down to their pace in order to give them time to catch up. they call fouls all the time and make the whole process generally unpleasant at times. But they are doing what they need to do to WIN.

    pointing out that the lawsuit strategy failed is assuming that it was to attempt to deter change - it's not. Big companies are about slowing down the process and milking every dime they can out of it. Innovating is an interesting thing. For every innovator who succeeds, countless others fail for reasons other than technical viability. The smart thing to for large moneyed firms to do is to wait - let the innovators do their thing; when the market reacts in kind - bully into the market with dollars and positioning. It's the lion chasing off the hyenas after they've made the kill. The king of the jungle feeds off carrion something like 30% of the time.

    I'm certain I'll get modded down for this, but the future of this business is not in selling music. What the internet has taught us is that content is devalued by an inability to secure exclusivity of access. The future of media is not ITUNES - that's another example of slowing down change. It is not change itself. It is still selling music. the paradigm shift is that they are not going to sell MUSIC at all.

    --
    un burrito me trampeó.
    1. Re:pickup basketball with old guys by Xtravar · · Score: 1

      Dude, what old guys do YOU play with?

      The ones I played with kicked my ass. I had to quit.

      I'm such a basketball n00b. :(

      --
      Buckle your ROFL belt, we're in for some LOLs.
    2. Re:pickup basketball with old guys by tommut · · Score: 1

      Don't hate on the old dudes. Oldtimers be FUNDAMENTALLY SOUND, yo. That's why they always dominate the young whippersnappers. The young dudes are out there running and gunning, and the old dudes are boxing out, not forcing shots, and posting defenders up underneath the basket. Whereas I'm shooting turnaround fade-away jumpers from the three-point line. That's why I can't wait until I turn 45 or 50, and am suddenly awesome at basketball. At least I figure that's how it must work.

    3. Re:pickup basketball with old guys by FireFlie · · Score: 1

      I believe that this is the most convincing analogy I've ever seen here.

    4. Re:pickup basketball with old guys by gemada · · Score: 1

      dude, this is slashdot. we do not understand sports analogies.

  41. It's Simple by Kickboy12 · · Score: 1

    Fear.

  42. Wrong question. by MacDork · · Score: 1

    Assume that the major movie studios produced high-quality full-length first run downloadable movies with no DRM whatsoever at a reasonable prices. (You define what is reasonable.) Any DRM-less format you prefer.

    Yes, let's assume that. How many of you would bother to download the "free" version on a slower network where peers crap out, you might get all but the last 10 minutes of the file, you might get a goatse'ed file because some jackass thought it would be a great prank, or the file might be infected with the virus du jour?

    Given your stated assumption, it wouldn't matter if the file were available for "free". The question you should be asking is: Who would even want the free download anymore? Guaranteed quality at fast download speeds would be worth a reasonable price to most downloaders.

  43. I don't see Hollywood attack by Via_Patrino · · Score: 1

    I don't see that "Hollywood attack". The article author failure to provide massive attack examples.

    No one will see that kind of attack because there isn't a single point of failure. They can't totally destroy that kind of distribution but only sue some players for refund.

    I can even say Holywood heads probably have no idea about many ways to defeat P2P or are doing a poor job because I often see significant points of failure in that scheme.

    Holywood don't wan't to end the movie theater experience, that's the main reason you don't see a DVD/Netflix the same time it's released on the theaters as P2P folks do.
    Watching a movie on a bad enviroment (computer screen, small tv, bad sound, not focusing on it) lowers the movie experience which can return in bad publicity.

    Of course nowadays Hollywood can afford twice selling the movie and after that selling the DVD. But if the movie isn't really good no one will buy both.

    People complain about quality, I don't like that crap so I don't watch/listen it. But people keep downloading while saying it's crap that don't worth their money. Either they like it enough to keep watching, just wan't the power to tell their friends they saw the movie before/for free or insanely download files they'll never use. If crap movie is the point, critic the audience (including you and P2P friends).

    Google/YouTube don't care about other people copyright. Google mantra is "index the world ... and eventually make it available with ads". So copyright is their enemy.

    To those who can't believe let me tell their control of copyright abuse works by faxing or sending a letter to their office where a human will take that paper from the pile and type the offense on the computer. They're a top notch technology company but have zero technology to proactive prevent copyright violations.

    You see they working proactively only when some is suing them. Because of that they are promising a fingerprinting tool. No, wait, that's to ensure everyone only see the version of the show which have their ads on it.

    Google point is to reduce the value of copyright to the point they can use the content for free or make the copyright owners welcome their terms ("I'm not bad, just want 10% of everything you sell").

    They don't say that out loud to don't shadow the "not evil" slogan, they prefer to work silently behind you.

  44. The movies you like... by Thagg · · Score: 1

    cost $100M to make.

    If there was a way to make 'em cheaper, we'd be doing it.

    Thad

    --
    I love Mondays. On a Monday, anything is possible.
    1. Re:The movies you like... by Anonymous Coward · · Score: 0

      Invention and progress isn't instantaneous you know.

    2. Re:The movies you like... by Dunbal · · Score: 1

      This is not necessarily true. Quite a few low budget indie films have made it big over the past few years.

      Of course if Hollywood keeps feeding us crap, then the people are going to eat crap. However "how many millions can we spend on this movie" seems to be the official "my dick is bigger than yours" contest between Hollywood film studios nowadays.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:The movies you like... by grumling · · Score: 1

      Sorry, most of that cost is for stars and directors. AKA above the line budget.

      The line defines the people who work for scale and the people who can demand a high price due to their unique characteristics (has to do with boob size and rugged good looks, but mostly due to their agent).

      --
      "Well, good luck finding a judge that doesn't run a bestiality site."
  45. the result of zero copyrighted content by Anonymous Coward · · Score: 0

    What happens when you remove all the copyrighted content on popular web sites like YouTube? You wind up with hundreds of kareoke and cover songs that are really bad and ultimately make the band look bad in the eyes of people that have no clue what the artist really sounds like... This is already happening on youtube... Look for some popular songs where most of the real artists work has been removed and you'll find a bunch of results where the name of artist and song title remain but the video is an amateur representation of the work... Its flattering on one side and its really pathetic and sad on another and does nothing but make the band look bad.

  46. Why worry about something new? by Newer+Guy · · Score: 1, Redundant

    When you own the politicians and courts?

  47. MOD ARTICLE DOWN by DwarfGoanna · · Score: 0, Troll

    It's common knowledge that Cory Doctorow has never written an interesting article.

    --

    "You know why you do not see me styling wit my homies? Because I have no homies!!" -Mojo Jojo

  48. bullshit by circletimessquare · · Score: 1

    i think that high culture existed long before the studio system. listening to you, it's as if they invented music and shakespeare in a studio chief's office

    and guess what: technology is getting to the point that a teenager in his basement is as powerful as an entire studio in 1930. and let's say even if he never WAS able to do what pixar does in a decade or so... i'd rather be entertained by him than have a corporation suing people for downloading files

    if the big studios have to sue regular people that to shore up their bottom line, then they have no right to shore up their bottom line. it really is as simple as that. you can do a lot of things to protect your intellectual "property", but if you are suing regular folk for what they do on their computer in their basement, guess fucking what: GAME OVER. if it's come to that then studios have a right to die off as a casualty of technological progress

    ok, so some asshole spent 1 million making a nice movie. because of that, i have to submit to the notion that he now OWNS a series of 1s and 0s on my pc? no, i got a better idea: howabout the asshole who spent 1 million to make a nice movie come to the fucking realization that in today's technological reality, he may not recoup that 1 million. unfair it seems? tough! technology changes! it changed! deal with it! he can go ahead and still spend that 1 million if he likes, but he has no right to expect me to spend money on it. not anymore. doesn't sound fair to you? oh, it's written in the fucking bible that a fucking studio has a right to recoup it's losses, even when technological innovation destroys their dvd aftermarket? no, i'm not going to change my behavior so some company can recoup its investment. the fucking company is going to change its behavior about expecting what it can recoup. understand?

    listening to you, it's as if birtney spears is the only thing we can call music, and brett ratner is the only person who can direct a movie. i think perhaps that if the internet means that that pop crap died off, then music and movies can only IMPROVE. $100 million does not a good movie make. you have a pretty weird definition of what art and the creative process really is

    technology has changed the landscape of corporate entertainment. permanently. inexorably. get fucking used to it. no amount of lawyers is going to preserve a way of life that technological progress has rendered extinct. sorry if that doesn't seem fair to you

    go ask the aztec and incan nobility if they think modern doodads like guns and horses and metal armor was fair to suddenly be thrust into their world. it wasn't for them, and the internet hasn't been fair to music and movie studios. OH WELL! THERE YOU GO! HISTORY HAPPENED! the incan and aztec nobility is out of the job. and so are all the studio and music execs. OH WELL! THERE YOU GO! HISTORY HAPPENED!

    deal with it: change. the printing press wasn't fair to all of those monk scribes. the automobile wasn't fair to all of those horseshoe blacksmiths. the refridgerator wasn't fair to all of those ice makers. WHO FUCKING CARES, THEY WERE MADE EXTINCT. SO IS THE MUSIC/ MOVIE STUDIO AS IT'S BEEN FOR THE LAST 80 YEARS

    DONE DEAL

    FCUKING DEAL WITH IT AND STOP TRYING TO PRESERVE THE PAST

    or go ahead and star in your own version of sunset boulevard

    "i'm ready for my closeup mr. demille": the insanity behind those words is the same psychological instinct that drives studios to sue teenagers for copying files in their mom's basement: brittle nostalgia, an inability to change, future shock

    time to die, relic of the past

    you're history, dinosaur

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:bullshit by ScentCone · · Score: 1

      technology is getting to the point that a teenager in his basement is as powerful as an entire studio in 1930

      Really? Where, in that basement, does the teenager have room to stash the writing teams, the costumers, the lighting crews, the people that feed the team that's taking care of the talent, the insurance team that makes sure that teenager won't be sued into oblivion if a lighting boom falls on an actor's head, and all the rest? A studio in the 1930s might not have had the CGI and editing tools of a modern workstation, but you seem to think that all audiences want to see (instead of well-executed films shot beautifully at locations we can't all personally visit, for example) "Sky Captain"-style work, only with less talented actors. I liked that film for its innovation, but I guarantee that the talent involved didn't do it for free, and why should they have? I want entertainment produced by people who are BETTER at it than my neighbor's high school student son. Just what's needed to produce one serious tracking boom shot, with well-recorded audio synched to complex camera work is enough to bankrupt the kid-in-the-basement production team. Where do you think that money comes from? From people that risk it, up front, as an investment in the future earnings of the produced work. No prospect for selling the work, no reason to risk the investment, and no production budget.

      i think that high culture existed long before the studio system. listening to you, it's as if they invented music and shakespeare in a studio chief's office

      Do you really think that Shakespeare could have spent all of his time working on his material if there was no prospect of making a living at it? It doesn't matter if the money was from patronage (which is exactly like a studio exec investing money in advance of a production) or from recouping expenses by selling to people the opportunity to see the material performed. Of course, he did both. It sure as hell wasn't "basement" production work - it was work done within the context of a professional system that included paid writers, paid performers, paid venue operators. Of course anyone that felt like writing and putting on a play could (provided the Queen didn't mind it), but the work done by playwrights, actors, seamstresses, musicians and the rest either was paid for, or didn't get done. If you're satisified by the quality of entertainment that doesn't involve professionally trained and equipped talent and facilities, then you're all set! There are plenty of amateur productions out there for you to enjoy. All you have to do is ignore the stuff that costs real money to produce. Obviously, you're not the one that's ripping off professionally-made material, right?

      if the big studios have to sue regular people that to shore up their bottom line, then they have no right to shore up their bottom line.

      That's the only way you can see this? How about, "if regular people would rather rip off their entertainment than pay what the producers of that entertainment ask for their work, then they have nothing to complain about if they get busted for doing so." NOBODY is forcing anyone to consume professionally produced entertainment. People who are too cheap to buy that entertainment can simply find another way to be entertained. Clearly, you think that no-charge basement productions are every bit as good as something that costs millions to produce, and don't think that such stuff should be charged for. So why aren't you simply telling the people who rip off the expensive stuff to instead just ignore it, and opt for the equally polished, just as desireable work made by the kid next door and displayed on YouTube in a beautiful high-res presentation?

      technology has changed the landscape of corporate entertainment. permanently. inexorably. get fucking used to it. no amount of lawyers is going to preserve a way of life that technological progress has rendered extinct. sorry if that doesn't seem fair to you

      If you'r

      --
      Don't disappoint your bird dog. Go to the range.
  49. Re: Added Value by TaoPhoenix · · Score: 1

    This is the post that is the closest to offering hope in my view.

    Movie Theaters ARE added value. And tastes ARE jaded. Yes, "some indie films have succeeded", because they are carefully written not to require cinema pyrotechnics. However, many low-budget imitations of big-budget movies that cheat on the special effects get *slammed* horribly as "cheese-planet".

    I certainly don't have any clear answers, but I'd like to see some kind of system that deliberately plays on the poor-student eventually feeling cramped with the poor-student experience, and wanting a complete package of extra value for the premium fee. (Visit the big theater, get a *handout* like the CD booklet everyone likes, maybe semi-3d effects, etc.) And lower the concession stand prices to make them almost approach a value, and return the favor with something more solid.

    Of all places, Star Trek first described the surprises of the Duplication Economy! (Their end result was horribly skewed, but they at least raised the issue.) Music and Movies are the first results of the Replicator. iTunes certainly won't keep 99 cent music *forever* ... it was a transitional step.

    Let's agree that Transformers cost a colossal amount of money, and *deserved it*. (Animators received something like 25 complimentary car/truck copies from the auto company so they could *completely disassemble* them and study them for *months* trying to understand where the parts go in a transformation.) However stupid parts of the script became, virtually no one could knock the effects.

    So for the crowd that insists on being able to download their copy, where do they suggest the $100Mil comes from? $1 from 100 million people?? Net 1.0 was full of companies who tried Micropayments and croaked.

    Or like the concorde, is the age of the 100M movie over?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  50. The sequel doesn't have to be the same movie... by AtlanticCarbon · · Score: 1

    If I'm the studios, this is my strategy: I use the courts to force the big players like Google to pass some of the revenues on to me. There's no point destroying a distributor a la Napster, because a competitor will pop up. I then ally with Google to gang up on competitors who aren't willing to pass on revenues to me.

  51. Re: Added Value by iluvcapra · · Score: 1
    two little things:

    movie theaters depend on concessions for their overhead. Every last penny of the box office generally goes to the distributor (this is on account of the actors and director having first-dollar gross deals). This is why the markup is a little ridiculous.

    Transformers was expensive, but still cheaper than Spidey 3 and Superman Returns, two flops. I would not defend Hollywood's profligacy per se (i think it was a big pissing contest to see who could have the biggest budget). But entertaining the average American, otoh, is really expensive.

    --
    Don't blame me, I voted for Baltar.
  52. Why? by Pig+Hogger · · Score: 1, Redundant

    Control.

  53. oh i know how to fix everything! by kaizokuace · · Score: 1

    bring back the middle class. They are the ones that are gonna be the content buyers. Super rich people didnt get rich wasting their time watching movies and dling mp3s. And poor people cant afford to buy the crap. Middle class is the only ones that can afford to be entertained by those industries and it is a group of people that are diminishing every day due to many factors. So when people are making less money you think they are gonna keep buying all that entertainment crap at the same old price?! Entertainment industries are dumb. In business you cant think that things should go a certain way due to entitlement! You gotta earn it! and change with the times if you want to exist as the times change! Typing posts on /. unfortunately wont change the world because everyone here knows this already and entertainment big wigs are not young enuff to understand the intertubes. They are picking up email just when that boat left! jeez!

    --
    Balderdash!
  54. portable - portability by kardar · · Score: 1

    Make the high-end surround sound, the high-end projectors, and the high-end screens a portable deal, just like the Stones can set up in a football stadium, a "movie" can set up in a performance hall where you might usually see orchestras and ballets. Movies taking advantage of venues.

    Assigned seating, perhaps slightly more expensive tickets, no ads, professional employees working the aisles and the door, and perhaps not only just the newest releases.

    Elevate movies to an artform (which many of them actually are). Create alternative venues. No popcorn. No sticky floors. No talking. No ads.

    There is no reason for movies to be pushed down to an amusement park level. They are a current form of media expression. Music albums aren't dead, either. The problem is obviously the "suits", so the way around that is for people to get together and for the offerrers to offer a high-quality, advertisement-free movie experience, and for the recievers to be willing to shell out what is essentially chump change for a high-quality, advertisement-free, assigned-seating, professional-level venue in which to view a movie on the latest high-end surround sound, projector, and screen technology. Tomorrow, there may be a ballet there. Or perhaps even a football game. So what? Who says movies have to be seen only at places dedicated for movies.

    Don't throw out the baby with the bathwater. Put a chlorine filter on that jazz and buy some organic baby shampoo.

  55. Actually, I think they did it.. by kryptx · · Score: 1

    Napster does offer the service you are describing. They've been offering it for a couple years now. I have a subscription myself. It's $10/month and I love it. I've shared it with friends who also love it. I can't use it on my work PC (Linux), but I still keep it because A) I have three other computers that can use it, and B) if I MUST listen to it while working, I can download tracks from any of those computers to up to 5 portable devices that support playsForSure. Almost all the music I have looked for is on there and most of it is included with the monthly subscription.

    Once in a while you run into a stubborn label that wants you to pay for their music. It's probably only 5% of albums, so unless it's an album I'm dying to listen to, I just find something else. If I -am- dying to listen to it, I'll just buy the CD.

    Napster -- in its current form -- is the only reason I haven't got a Zune (or an iPod, for that matter). And a lot of labels are on board. More than you may think. Not to sound like a salesman, but I am pretty sure they have a free trial, if you have a windows box.

    --
    Mods: Do you disagree with me? Go ahead and mod me down. Meta-mods will sort it out. Good luck!
  56. It's Not About Copyright Violation by Stephen+Samuel · · Score: 2, Interesting
    It's about their distribution monopoly.

    The Internet allows artists to get their work out without signing away their copyrights to the big media companies for a song and a prayer. That's what scares them. If they're not necessary for artists to make it big, then they're not going to be able to goad those artists into contracts that leave artists with a double-platinum album deep in debt to the record company.

    It's about control, not justice.

    --
    Free Software: Like love, it grows best when given away.
  57. It's music, okay?!? by notoriou5 · · Score: 1

    Jimi Hendrix covered Sargent Pepper's Lonely Hearts Club Band the day after it was released. They didn't sue. It's about performance. I can play music in my head - should I be charged? e

  58. The reason is clear! by WheelDweller · · Score: 1

    It's coming for the exact same reason that PC vendors kept thinking they'd "Be the next IBM" when they'd merely change the heads on case screws [Compaq!] and the now-legendary way a manufacturer will make their computer offering with a 'poison pill' that keeps us addicted to a particular vendor. [Microsoft- ActiveDirectory]. It's assumed that without this pill, no one would ever go back to that vendor....maybe because their offerings suck so much as a general rule.

    It's just bone headed.

    The scrap piles are full of "L" shaped motherboards, funky risers and non-standard parts, and each and every one is forgotten as soon as the unit is declared obsolete...but the industry can't stop itself. When in truth, the IBM PC didn't do many things different from other techs of the time, it just did a useful amount of things all in one place. The first motherboards had a provision for a _cassette_tape_ interface, as was so popular back then, but dropped it because hard/floppy drives are just so much better. The natural demand for such a powerful product caused it's numbers to grow and expand, not a peculiar handling in the tech support lab. Even IBM wasn't trying to be 'the next IBM' when it started. They were just selling well-made (though ill-conceived) hardware like their other offerings.

    There's a similar mania that's taken hold of the media vendors; the idea that, despite it's been tested and failed dozens of times, that *this*time* they'll create a mechanism for locking the music up will work. Or blanking out the videos if a coin hasn't been paid....but they never work for long.

    The truth is that, while people need compensated for their works, electronic media as it stands isn't the pay-for-play media they desire. And the music industry (a bit more than the movie industry) seems to have the mania in a much larger way. The TV industry for example, understands that a copy of a series getting on the net will bring viewers and start 'the buzz' but the record industry still thinks funding groups 'that we're less likely to change the channel' is better than producing music we'll actually care about.

    It's a broken system. It can be fixed, but the industries need time and the desire to change. I don't think they'll have this desire, until they're nearly penniless and closing their doors. Remember the age of these people at the top. Remember how old Jack Valenti was? They just don't know any other way, and aren't about to change [what clearly doesn't work].

    As an aside, "Trickle Down Theory" is still called that...when it's been tried six times now, sucessfully, with the third time being called "Reganomics", and one of the times was with JFK. Why do people regard it as an uncertain thing after so many sucessful tries?

    --
    --- For a good time mail uce@ftc.gov
  59. And in other news by therufus · · Score: 2, Funny

    Due to the leak of the upcoming new Metallica album on illegal peer to peer file sharing networks, millions of music lovers are currently suing Metallica drummer Lars Ulrich over wasted bandwidth costs. According to reports, the new album is so bad, people have been downloading and deleting the album at a speedy pace.

    "I just thought it would be like their older stuff, given that they copped so much crap over 'St Anger'" said one internet user. "Turns out they suck even harder than before. Maybe they should all go back to rehab for good".

    Lars Ulrich has responded in an internet blog written for him by his marketing team. "Lars, the two guitarists and that bass player dude would like to apologize for any inconvenience caused by downloading the new album illegally. We are trying to trace you IP addresses so we can sue you, so please download it a few more times each".

    Torrent sites have since removed the links to the new album from complaints they have gotten from the internet masses.

    --
    You moved your mouse. Please restart Windows for changes to take effect.
  60. No DRM musicstore with a broad selection by Anonymous Coward · · Score: 0

    Whenever such a discussion comes up, somebody needs to mention Magnatune.
    Magnatune is a netlabel which doesn't rip off its artists, where NO DRM is applied and you get to download the music in the format YOU WANT (and if you want, non-lossy wav).
    I just bought 2 albums of one artist and payed more than they suggest paying because the music was more than worth it.

    www.magnatune.com (non-clickable link for obvious slashdotting reasons).

  61. Because they are guided by dinosaurs by unity100 · · Score: 1

    that should have been long extinct of course. Relics of a different past, lived their youth in the early 60s, these people at the helm of those companies are not able to perceive or adapt to present.

  62. Promotion to commuters? by tepples · · Score: 1

    When the only way to distribute your work is through a medium in which the distribution cartels always take their cut There is this thing called the Internet.

    Which doesn't reach cars, buses, or trains. Is it easy for a recording artist on a local label to promote his music on FM or XM?

    Nor does it reach people who don't have a computer. Some musical genres, such as pop standards, tend to have a fan base correlated with not having a PC + high speed Internet connection.

  63. The Grey Album? by tepples · · Score: 1

    Every legitimate sale of digital content without DRM is a vote against DRM
    Every pirated piece of digital content is a vote for stricter DRM For the purpose of this argument, would The Grey Album by Danger Mouse or other albums containing unlicensable samples be considered "pirated"?
    1. Re:The Grey Album? by vuffi_raa · · Score: 1

      For the purpose of this argument, would The Grey Album by Danger Mouse or other albums containing unlicensable samples be considered "pirated"? that is one of those things that I get into debates with peers about a lot-
      I do breakcore/powernoise and if you are in the scene you know that that stuff is laden with unlicensed samples- yet there are many artists in my scene that feel that they have the right to wrap themselves in the DMCA and whine about "piracy". I am on the other side often saying that we need to push merchandising and the subculture of our scene and concerning business treat the music as the "attractor" and not the end point of sales because under DMCA all of our music is as "unacceptable" as the "piracy" of the music.
      I personally am fine with that- I make music because I like to make music, not for money or status- just because I love making it.
  64. GE owns NBC, not CBS by Anonymous Coward · · Score: 0

    GE owns NBC, not CBS.

  65. Easy... by Anonymous Coward · · Score: 0

    Because law suits are a part of the company budget?

  66. A tragedy of the anticommons by tepples · · Score: 1

    When you're talking about a film, almost no one's seriously "building" on a film Because there's no popular source material available. Besides, look at anime music videos, which you allude to:

    I don't support studios suing people for doing remixes, as this isn't really a right of copyright holder - they're only allowed to stop derivative works if they take money away from the original, which remixes don't. However, under the law as it exists today, any competition with a copyright owner that involves copying its works is thought to take money away from the original, except under the narrow legal definition of parody in those countries that recognize parody (US case law: Campbell v. Acuff-Rose; Suntrust v. Houghton Mifflin).

    If you can't own intellectual property, than you risk having a tragedy of the intellectual commons, where nobody contributes works in the public As opposed to the tragedy of the anticommons that we have today, where anybody who contributes works risks being sued by the entrenched publishers?
  67. Sonny Bono? by tepples · · Score: 1

    Any system that deprives an author of a right to control how a work is copied I would reject out of hand Would you reject a system that grants such a right but reverts it to the people after a few decades?
    1. Re:Sonny Bono? by iluvcapra · · Score: 1

      Would you reject a system that grants such a right but reverts it to the people after a few decades?

      No, 50 years or upon death of the author, whichever comes second (so his/her heirs can benefit from it), seems reasonable, with 50 years PERIOD for works for hire. This death+50, then 60, then 70 in the US is just greedy.

      --
      Don't blame me, I voted for Baltar.
  68. Re:Because the law is the law!! (and other stupidi by Theovon · · Score: 1

    One of the main points of the GPL is to ensure freedom of the end users to acquire source code. Without copyright law, there would be no way to compel someone who had closed up the source code to open it back up again.

  69. Music Marketing Association of America by lymond01 · · Score: 1

    There's marketing. Say everything went Internet. No CDs anymore. You'd have sites that might tell you what the newest Pop song was, and you'd always have radio. But who's fronting the money for music videos, stadium concerts -- who is putting a face to the music so people can get ultra-famous and ultra-rich? "Making it" will mean you're on the radio collecting royalties or venues are seeking you out due to local fan opinion. But there will likely be no more megastars because there's no marketing team putting your image everywhere. And that's where the real money is spent.

    I'm not saying there's not a way around that...people with enough royalties could purchase advertising, etc. But you know how much advertising costs. And if you start making deals with advertisers to give them a percentage of your income...well, then you're right back to the RIAA, but in this case it's the MMAA (Music Marketing Association of America).

  70. channel 101 by egork · · Score: 1

    Funny, there is no single female artis on the front page, I have realised. Is it a coincidence?

  71. Performing publicly by tepples · · Score: 1

    Then in scenario #1, I'll just invite the whole town over. No. From 17 USC 106:

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: [...] (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly "Publicly" is defined in section 101:

    To perform or display a work "publicly" means (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
  72. Theory of a Firm by egork · · Score: 1

    May be it is the crowd you need to make the movie that justifies the role of the studio? The music one can do alone, well in a tight group of 3 to 5 people...

  73. Re: Added Value by brouski · · Score: 1

    Spider-Man 3 has grossed almost $900M world-wide. How exactly are we defining flop here?

    --
    Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
  74. i stopped reading right here: by circletimessquare · · Score: 1

    "Where, in that basement, does the teenager have room to stash the writing teams, the costumers, the lighting crews, the people that feed the team that's taking care of the talent, the insurance team that makes sure that teenager won't be sued into oblivion if a lighting boom falls on an actor's head, and all the rest?"

    there's no possibility communicating with you. because in your mind, it is a fixed notion that these things are required to create art, to create entertainment

    you. don't. fucking. get. it. where it=change

    the golden age of hollywood is over friend. the way they made movies in the 20th century is not the way they will always make movies. it is not written in the bible or the constitution that these things are prerequisites for making a movie. in your mind, it's like the rising of the sun every morning or that water is wet: an immutable law that you need a prop department manned with teamsters to make a movie. one small problem: it's NOT an immutable law. maybe in the SAG contract it is. because only in your perception of things, only in your little insular world, this is law, this is the way it is. what a nice coccoon, what a nice ivory tower you live in

    knock knock

    time to die

    the incan and aztec nobility thought your way too. then spanish guys came on horses with boomsticks. barbarians at the gate

    those priveledged nobility and their hanger ons hemmed and hollared just as much as you about fairness and right and wrong, the way things are SUPPOSED to work. was it fair what the spanish did? not at all. but what was done, was done. what was "right" is not what happened, now is it?

    barbarians at the gate friend: thousands of poor teenagers with a fat bandwidth. they don't need you, you need them. do you understand that part?: THEY DON'T NEED YOU ANYMORE

    time to die friend

    DEAL WITH IT. or don't. and if you don't what is there for me to say to you, dinosaur? all i have to do is wait for you to to die. you're extinct already, you just don't know it

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i stopped reading right here: by iluvcapra · · Score: 1

      You sound like Robert Rodriguez, before his checks from the Weinstein's started to clear. He STILL goes on endlessly about how you only need a few people to make a movie, and how it's such a personal experience for him and how digital technology has changed everything, while he spends his $53 million dollar budgets.

      Maybe the DV cineastes are the Incas! They are quaint and provincial and riven by internal divisions; they often venerate their leaders, living and dead. They have many resources, but lack some critical innovations of the Spaniards; many among them are easily co-opted with blandishments of power and money. They have gold, all the better for the Spaniards to smelt into crucifixes! They'll change cinema for ever in the way they changed the Spanish; they got a little darker (a little).

      --
      Don't blame me, I voted for Baltar.
    2. Re:i stopped reading right here: by ScentCone · · Score: 1

      So, what's your problem then? You've got no interest in media produced by groups of people that won't fit in a basement. Great! So, why are you comfortable ripping it off? If you don't want it, don't like the people who choose to invest money in larger scale productions, why do you care about the work they produce? If you want it badly enough to rip it off, don't you see your hypocrisy? Or is it that you DO want them to make such work, but you want them to be your pet entertainment slaves and do it for free? Which is it? If you don't care about it (it's "dead" in your vernacular), then why not just walk away from it? People who want to rip it off still want it. Maybe you're not one of them - maybe you really do only want to see small-scale work produced without any real cost or the coordinated effort of large teams of people over a long period of time. Maybe anyone with editing tools is, to you, a good editor. Whatever. But do you have the intellectual integrity to simply skip the consumption of the work produced by the people you're so busy spitting on?

      time to die friend

      You're a real class act, though. You must be very persuasive when trying to line up people to work with.

      --
      Don't disappoint your bird dog. Go to the range.
  75. Re: Added Value by iluvcapra · · Score: 1

    It was bad; I know, I worked on it :P

    Yes it made money, I know, so did Superman Returns, but imagine how much money they would have made on it if it were good! They'd've doubled their money ten times over in DVDs for the next 20 years! That's where the real money for the studios is, since they get so little of the backend from the theatrical boxoffice (that goes to Tobey and Kirsten).

    --
    Don't blame me, I voted for Baltar.
  76. Does the word "morons" ring a bell? by Master+of+Transhuman · · Score: 1

    "So why is Hollywood shooting a remake?"

    Most management in most corporations are morons. They get where they are because they are alpha males (and in some cases, alpha females), not because they have any brains. Which of course implies that those who work for them have even less brains. Which is usually true.

    Humans need to realize one basic fact: the world's problems are caused by THEM, not "stuff" outside them.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  77. it's like this by circletimessquare · · Score: 1

    murder is wrong

    so is jaywalking

    but they are slightly different degrees of criminality, agreed?

    the punishment should fit the crime. if you have a society where the punishment is worse than the crime, you don't have a just society

    this is the test of civilization: the punishment has to be less severe than the crime

    otherwise, it's just revenge

    that's why sharia law, for example, is wrong: chopping someone's hand off for stealing, or chopping someone's head off for prostitution, this is not civilization

    in a society where the punishments are worse than the crimes, injustice is perpetrated by the government, not the criminals

    and in turn, the society breeds greater and greater atrocities

    justice must always exist, and people must always be punished for crime, and the punishment must not be a simple slap on the wrist, the punishment must be severe for severe crimes. don't get me wrong on that point

    but the punishment must ALWAYS be less severe than the crime itself, or instability rather than stability is bred in that society. because you are not teaching people to respect a valid concept (justice), you are teaching them (unsuccessfully) to respect an invalid concept (violence, revenge). it doesn't create deterence. it creates resentment. you haven't moved minds, you've just pointed a sharp stick at them. there's no reason to respect you. there's a reason to fear oyu, but respect is the whole point for right and wrong, no?

    a justice system which overreacts perpetuates a cycle of crime, rather than abates it. that's the purpose of justice: maintain the peace. not burn people at the stake for being witches, or caning them in public for chewing gum. this does not maintain peace, this foments social instability. it doesn't mean people respect the law, they just resent it for overreacting. when societies does overreacting stuff like this, the society itself is experiencing a time of change: a shock, a misunderstanding, a grappling to understand the principles of teh relationship between crime and punishment

    over time, the society understands that, while withcraft might be devilish, maybe it's not right to burn people for hearsay. and maybe chewing gum is bad, but public caning is just a sign of vulgarity itself that reflects on the whole society, rather than the gum just reflecting a vulgarity of an uncouth individual. in other words, these kinds of societies never really last long, because everyone comes to understand you can't right a wrong by making a bigger wrong

    therefore, you do not chop people's feet off for jaywalking. jaywalking is still wrong, it is looked down on. but how do you punish it? or more importantly, how do you begrudgingly accept that someone, somewhere, will still do it... and you must somehow come to understand that going apeshit won't ever change them doing that?

    now, is it right to sue people for thousands of dollars for copying files on their computer and sharing it with friends? let's say i agree with you, and doing that is wrong... but what is the appropriate punishment for that?

    the spanish inquisition would have an answer for that. so would the taliban, or the government of singapore. do you agree with their overreactions? no, i think you would tell them that chopping off heads for prostitution, caning for gum chewing, and witch burning is not justice at work, that perhaps, while wrong, the punishment should be a lot more mild, and perhaps he crime should even be tolerated in some respects

    now, when you ruminate on this understanding of crime and punishment, look back on suing people for thousands of dollars for copying files in their basement

    and you tell me about right and wrong again

    and you tell me about simply ACCEPTING minor wrongs in this world

    or you can continue to go all spanish inquisition on the asses of illegal file downloaders. your choice. but you tell me how that kind of reaction fits into the span of world history and how societies sometimes go therm

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:it's like this by ScentCone · · Score: 1

      Nice contextless cut-and-paste, there.

      but the punishment must ALWAYS be less severe than the crime itself

      So, if you commit a crime that gains you a million dollars, the punishment should always be in some way less than that, leaving you ahead of the game? You advocate a justice system that always, by definition, makes the crime somewhat worthwhile to the criminal, even if they get caught doing it? What a load of rubbish.

      just accept the new rules of a new game

      Here's an idea: how about you actually articulate the New Rules you're so pleased with. What are they? Does anyone in your new system have any prospect of making a living at a full-time creative job? Or, since there's no mechanism for protection of copyright in your world, will all production work become limited to just what people can produce after they get off work from the day job that actually pays their bills?

      Really: define your "new game," and how it will manage to produce things beside low-budget horror movies for small, indulgent audiences of friends and family. Please spell out your "new rules," and how they will govern the use of your creative work by other people. And if you don't think there should be any framework governing your rights to your own work, then just fess up and explain that you think a good feature of your brave new creative future will be the complete absence of any projects that can't be done on shoestring in someone's basement. Because if the people who do the creating and come up with the money it costs to pay the talent that does the work have no expectation of their going un-ripped-off, then they're simply not going to invest in that sort of work. No money invested in professionals doing work means no professional, full-time work being done. Is it possible you're rooting for that situation (where quality, professional people disappear from the scene) so that your own low-budget work won't appear so amateur by comparison? Brilliant!

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:it's like this by E++99 · · Score: 1

      the punishment should fit the crime. if you have a society where the punishment is worse than the crime, you don't have a just society

      this is the test of civilization: the punishment has to be less severe than the crime

      otherwise, it's just revenge


      Okay, so whereas the Old Testament, if someone steals something, then depending on the circumstances he has to repay either 2, 4 or 5 times the amount. But according to you, this is not justice, as the punishment must be LESS than the crime, so he should only have to pay back, what HALF??? I think that would make stealing a little too profitable, don't you?
  78. well said ;-) by circletimessquare · · Score: 1

    i'll tell you what, if my career ever follows robert rodriguez's career arc (highly unlikely) then i reserve the right to become a total fucking douchebag hypocrite, and to whore myself out to the highest bidder of hollywood studios

    seeing as that is about as likely as me winning the lottery, then i will continue to rally around movie piracy and against the mpaa in my obscurity and poverty ;-P

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  79. Re:Because the law is the law!! (and other stupidi by Anonymous Coward · · Score: 0

    First of all, "intellectual property" is an oxymoron. Second, copyright doesn't work like that. You don't lose copyright for "failure to brutally enforce it every chance you get." You can lose trademarks for failure to challenge generic use, but trademarks are an entirely different thing.

  80. you're retarded by circletimessquare · · Score: 1

    if someone steals a million dollars, the million dollars is not taken back from them. because it was never there's in the first place

    duh! retard

    meanwhile, there is the cost of not having the money for the victim, of repairing the damage of the crime, the cost of catching the criminal, prosecuting him, etc.

    so if a criminal steals a million dollars, gives it all back, and goes to jail for a few years, you are still talking about a justice system that is less transgressive than the crime itself

    meanwhile, here are some new rules:

    the studios reap all the money they can from the cinema houses. which is obviously a lot of money and is still growing. (meanwhile, musicians only get revenue from concerts)

    the dvd aftermarket goes away *poof* gone (how old is that? 10 years, oh right! they've only been making movies for 10 years! how are they ever going to make movies without that market!? boohoo all of those teamsters in the prop department to feed waaaahhh ;-P )

    in fact the studios hand out their movies for free, high quality, for demo purposes, on the internet

    i can already sense your response: i'm stealing paying customers from the cinema houses

    yes, because sitting alone in your basement in front of 17 inch monitor is an awesome movie going experience

    (smacks forehead)

    the problem with you is you don't understand that free product might foster more cinema house patrons. the fucking music industry has realized that with radio for decades, so there's hope yet for you ossified movie studio types (a similar slimy suit wearing species of middle man distributor to the music studio types). so go for it dude! i believe in you! JUST FUCKING GET IT ;-P

    where IT = new rules

    furthermore, my new rules don't require legions of lawyers, my new rules aren't RULES at all. they are simply an acceptance that cyberspace, unlike meatspace, is limitless. a car is a car. if i steal your car, you don't have a car. however, with bits and bytes, nothing is "stolen" at all, just copied, effortlessly and limitlessly. you understand that concept right? anything that can be expressed in bits and bytes is not product anyone can make money off of anymore. new economic rules. well, actually, old economic rules: supply and demand except that on the internet, supply is limitless, so everything is free. get fucking used to it. books, music, movies: it's just bits and bytes, it's just media. media is not groceries. it does not work by the same economic rules as the guys making cars. so when i have a copy of "the terminator" on my hard drive i have not deprived the governator of some theoretical cinema house visit or dvd purchase that would result in residuals for him. you understand that, right? a copy of "the terminator" on my hard drive is not the same as the $15 dvd. you DO understand economics, right?

    or continue to try to enforce laws and think in a mode about movie and music distribution that doesn't exist anymore. you do realize that that world is gone friend, forever, right? or do you think with enough lawyers people will keep acting like they did when the only way to get a movie was on a piece of shiny aluminum and plastic?

    the future, is set in stone, whether you like it or not

    but please, be my guest, fight it. rage, rage against the dying of the light. you go on with your bad self. see if it makes a fucking dent. hire 100,000 lawyers. hire a billion. see if it changes ONE FUCKING THING. while you're at it, fight the rising and setting of the sun, or the rise and fall of the tides. go for it man! with enough lawyers, you can reverse time itself! (snicker)

    you're just ignorant about what you can and cannot change about the world you live in

    brittle

    old

    nostalgic

    fool

    you're not really that scary in the end. just sad and pathetic. ignore the little man behind the curtain, i am the all and powerful oz. go for it man! sue teenagers for having movies on their hard drives! GO FOR IT DUDE!

    pathetic

    you're just a sad old man with a limited grasp on how the world is changing around him

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you're retarded by ScentCone · · Score: 1

      when i have a copy of "the terminator" on my hard drive i have not deprived the governator of some theoretical cinema house visit or dvd purchase that would result in residuals for him. you understand that, right? a copy of "the terminator" on my hard drive is not the same as the $15 dvd

      So, you wish to be entertained by the actors and film makers that spent time and money to produce (in your example), "The Terminator." You want that experience to be free for you. Though the people who produced it are offering it for sale, you're bypassing that offer, and finding a way to rip it off, instead. How is that NOT depriving them of a sale? You are using force to dictate the terms of a transaction. If you don't want to pay what an artist is asking for their work, just walk away. They'll either offer it differently, or not sell as much. What do you care? But no... you're saying that you don't like the price at which they're offering it, so you're just going to take it anyway. There: now you've seen the movie - perhaps at high def on a 60" plasma screen in a nice home theater - and you're done. You've had half a dozen friends over, you've all had a beer and enjoyed the film, and that experience is DONE. And the people who offered that entertainment up for sale get nothing, because - as an equally talented maker of low-budget horror movies, you know that your personal enjoyment of the movie will, indirectly, somehow generate some in-theater sales for Arnold? You either did want to see the movie enough to procure it, or you didn't. If you don't like what you'd have to pay to procure it, then too bad - you obviously didn't want to watch it enough to pay that price. THAT is economics at work. You don't WANT economics to play a role, here - you want to simply take what you want without any mutually agreed-upon interaction with the artist who created what you want. That's not economics, that's you being a parasite.

      Personally, I don't know very many people who watch the same movies over and over once they're past being about 6 years old. I don't know anybody who will sit through the full-length presentation of a film they've ripped off, and then go spend another two hours to go see it in a sticky-floored theater full of talking idiots in a part of town with no parking where some popcorn and a drink cost $10. There's a reason that paying for a download, or having Netflix deliver the DVD is so attractive to most people. You seem to like it too, but you want your entertainment for free, because only chumps actually pay artists for their work, right?

      the problem with you is you don't understand that free product might foster more cinema house patrons

      Might? Prpobably not. It might, in some very narrow, very limited ways. But mostly, it seems to serve as a way for you to justify NOT paying for your entertainment. But what does it matter? In my world, the people who create the work can decide how they want to advertise and sell it, and if people don't like it, they simply won't consume it. In your world, the people who want some entertainment can just take it, and screw the people who made it. Could you keep a straight face and stand in front of Martin Scorsese and say, "That's a great new piece of work you've just done, there - but you're retarded if you think I'm going to pay you to see it, you old dinosaur. Hey, when's your next film going to be done - I can't wait until someone has ripped off a copy of your work so that I can download it into my personal hi-def collection. Keep on making great movies, Mr. Scorsese!"

      the studios reap all the money they can from the cinema houses. which is obviously a lot of money and is still growing

      And you're the one asking ME if I understand economics? You're obviously completely clueless about where that $10 goes when you buy a ticket. You've just illustrated how completely child-like your understanding of this entire topic actually is.

      you're not really that scary in the end. just sad and pathetic. ig

      --
      Don't disappoint your bird dog. Go to the range.
  81. so how do movies by circletimessquare · · Score: 1

    based on shakespeare work? it's been a few years since the late 90s crop of shakespeare remakes reared their head: hamlet, titus, othello, lear, romoe&juliet, etc

    everyone knew the story, everyone had ben saturated with the stories since not only their childhood, but the childhood of their great-grandparents

    and yet investors were willing to put up $1, $10, $50 million to make those movies. and those movies made good money (most of them anyway, i'm sure the ones that didn't blamed piracy, like any loser with a bad movie would). so how's that work?

    it works. because it reveals a difference between the actual reality of what motivates people to pony up $10 for a movie house ticket, and what you think motivates them

    or how about the harry potter movies? gangbuster box office returns, and the stories are all universally known. or lord of the rings. hey what of movie remakes? of course, i could go on and on, but you get my point:

    crative arts are interesting product. they are not like products like cars, or soap, or jeans. they are media. media has an interesting relationship with commerce. newspapers scream their most important news on the front page. you can go into any library and read a book for free, or turn to the last page in the book store. as i've said before, you can listen to music off the radio for free. by the time some people buy albums (or bought albums, circa 1980) they had already heard the songs 100 times already on the radio for free. so how does that all work then?

    let's put it another way: say a newspaper website prevents deep linking to their stories, and requires everyone to register to read their stories. another newspaper gives away all of their stories for free, no road blocks. of course, all of the blogs link to the free newspaper, and the free, no restraints one gets all of the web traffic. making more money off of ads than the one where everything is tightly controlled

    so it is with movies, or music, or ANY media. the relationship between media and making money is all about exposure, not about little niggling anal retentive frustrating artificial road blocks every inch of the way

    there are lots of revenue streams for movies- product placement, for instance. dvds and vhs, fought by the mpaa tooth and bone in the early 1980s turned into a massively important revenue stream. and the kind of thinking that dominated then is the same kind that dominated in your mind: control. control, control, control! no, moron: EXPOSURE is the name of the game

    you think that when it comes to the media, its all about controlling the audience to extract money from them. actually, much like the newspaper and free links, its about letting them do whatever they want. and then the money finds its way. how did blair with make so much money?: internet exposure

    in fact, free product on the internet means more money for movie producers because of the golden rule of exposure in media, means there are more eyeballs intested in your future product and in venues where the financial control is not artificial: movie houses, for instance. meat space can be controlled. cyberspace can't. if assholes like you would stop wringing your hands over the internet, the more enlightened amongst the studio lizards will realize the bonanza of cash that more exposure leads to. movie advertising is a huge cost for the studios. what if that cost went down but actual advertising goes up? how's that work?

    i'm sick of laying out the facts of media and commerce to you ...well then there's the issue that even if you agreed with me, it's not my right to make that decision. ha! arrogance! like YOU have a right to tell someone what they can do on the privacy of their basement! your control over that situation, or your imagined rationale for thinking you should have control over that situation, is artificial, and unfounded. but you keep going on thinking you can, or should, or have the right to control that. go ahead. it's not my revenue stream that is hurt, but

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:so how do movies by ScentCone · · Score: 1

      in fact, free product on the internet means more money for movie producers because of the golden rule of exposure in media, means there are more eyeballs intested in your future product and in venues where the financial control is not artificial: movie houses, for instance. meat space can be controlled

      If, as you seem to prefer, there is no recourse when someone rips off your work, how does this model work? Major pictures are stolen and spread online before they are even released in the theaters. At that point, the material is in the zone where you consider yourself to have a right to it. People buy 60" home theater screens specifically to avoid having to burn fuel to drive to a theater where a party of 4 people with some bad food means a $60 tab, plus parking. If the DVD for a major release is on your hard drive before that theatrical opening even occurs, and your take on it is that once it's "in cyberspace" there is and should be no control and no recourse against abuse, what's your take on that? This isn't a hypothetical, it happens all the time.

      you can listen to music off the radio for free. by the time some people buy albums (or bought albums, circa 1980) they had already heard the songs 100 times already on the radio for free. so how does that all work then?

      It works because it's not free. Radio stations pay artists for their work when they air it, and they collect money from advertisors. Listeners fund that activity by being the targets for that advertising, and the advertisers have very sophisticated ways of measuring how it's working, and thus setting the price. You constantly harp on how thoroughly you understand economics, and then gloss over the stuff that actually makes industries like that function, financially. Why is that?

      frankly, a mind like yours is ill suited to understand the vagarities of the relationship between media and commerce

      Perhaps because "vagarities" isn't an actual word.

      the relationship between media and making money is all about exposure

      Wrong. The relationship between media and making money is all about actual money changing hands. If people don't want to buy something, then there are no sales. Exposure is a component of creating demand, but preventing the artists from seeking recourse when they're ripped off means that you have no interest in actually seeing money change hands. You're focusing on creating demand, but you also want the product for free. Musicians that spend three years working on a collaborative recording effort with a coming-and-going collection of other studio musicians can only make money through the sales of the their recording. Your model seems to demand that no such projects are worth the trouble, because these guys should be happy when people rip off their work, and should only expect to be able to collect money when they perform at bars. Which is a crock. If such a recording doesn't have the merit to generate sales, then so be it - they didn't do a good enough job. But you can't see what's wrong with deciding you want the recording, but that you're going to just rip it off because the artist - whom you pretend to like - is asking for money you don't want to give them?

      you think that when it comes to the media, its all about controlling the audience to extract money from them

      Since you know I haven't said that, why would you lie? It's not ME that wants to control the audience, it's YOU that wants to control the people who create what the audience wants. You want to be in charge of how an artist's material is distributed, rather than leaving it up to the artists to succeed or fail based on their own choices. I like that artists can choose to sell their work, or give it away. That's up to THEM. You advocate removing that choice.

      i'm sick of laying out the facts of media and commerce to you

      You mean, you're sick of trying to spin your fantasy of how you'd prefer it to be, and being call

      --
      Don't disappoint your bird dog. Go to the range.
  82. Apple & iTunes by cdrguru · · Score: 1

    Apple is not making money with iTunes. iTunes is not designed to make money. iTunes is the "gasoline" for the iPod "car".

    For most iPod purchasors, if iTunes didn't exist they would have no convenient way to put music on their iPod. So something was needed.

    The fact that it does not make money should be apparent to anyone with a merchant account. You can't sell stuff for $1, paid for with a credit card, and make much money. While they are probably not losing much money, if any, they certainly are doing iTunes to make any money at it.

  83. you don't understand the model by circletimessquare · · Score: 1

    of human behavior, that motivates interest in a creative product turning into money. and so the way you think of creative product is a mentality that does not maximize your return possible

    for example, you talk about getting the pristine internet copy, seeing it at home on your 60" projector. ok. why in you mind does this represent a person who would have otherwise spent $10 in a theatre? you encounter these types of trolls all the time: i hate the crying babies, the cell phones, etc. this theoretical movie viewer would not go to the movies anyways, no matter what. so by preventing him from having his electornic copy, you are magically going to force this man to go to a theatre? why the fuck do you think this way about human behavior?

    menwhile, they have shown that people go to movies with the same psychological force of connection they went to church in previous centuries: the munching popcorn, other people laughing or crying: this adds to the experience, it doesn't detract from it. there is no way you can ever replicate this at home. the movie going experience is untouchable. people go to movies to CONNECT with the crowd in the dark. it's sociological. you can't replicate it at home

    and in fact, in the 1950s, this is what people thought television was going to do to movies: kill it. why go the theatre when you can watch tv at home? did tv kill the movies? you look at box office returns in the years since 1950s, you tell me

    come on einstein: there are televisions in almost every house on the fucking planet. SO WHY THE FUCK DO PEOPLE DRIVE TO A DARK BOX TO WATCH CONTENT THEY CAN GET AT HOME FOR FUCKING FREE SINCE THE 1950S

    come on einstein, educate me

    and so also the thinking on vhs/ dvd: it's killing movies... except it aided their bottom lines!!!

    now its internet downloads, killing movies... REALLY?

    no, you just don't fucking get it. you babble on and on about this subject matter, and at the root of it, you communicate nothing but a colossal ignorance of the subject matter you are involved in

    your mind is brittle and fragile, and you don't understand change

    you're a fucking fossil

    here, go read a book that matches your maladaptive mentality

    do you HONESTLY fucking believe the past is going to magically be preserved, the business model made obsolete by technological progress is going to be preserved, by a platoon of lawyers? that your moral pontifications about right and wrong about "stealing", when it isn't STEALING at all, is somehow going to convince people, hell, convince children, who have a BETTER understanding of what is actually happening than you do?

    you're a loser

    CHANGE motherfucker CHANGE

    do you speak it?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you don't understand the model by ScentCone · · Score: 1

      Let's try a different approach. See if you can answer some direct questions without resorting to the tactic of all people who know that have a weak argument (and since you're probably too dim to know that that is, I'll help: your constant avoidance of the actual topic at hand, and your reliance on what you think are insulting labels and language - and considerably invertabrate ad hominem spouting, no less - are the hallmarks of a someone who knows he's just plain wrong, or who wishes to hide his actual agenda). So, here are some questions. You can use your usual flamebaiting insults along with your answers if you like - I just filter them out anyway, it's typical of someone who is... what, twelve or thirteen? - but at least try to actually answer the questions. If you continue to avoid the topics as you have, then we can both agree that you'd like to avoid getting busted actually saying what you believe out loud where it might suffer some rational scrutiny.

      1) Do you have the right to use something I create without involving me, or the people I hire to handle that sort of thing (like a publisher, distributor, or exhibitor) in making it available to you?

      2) Do you think that your own assessment of the practicalities and effectiveness of one marketing method or another change your ethics and the values on which they're based? (trick question, sort of: this presumes you have an indentifiable and fully formed value system from which to actually derive workable ethics).

      3) Do you think that the ability to acquire something, whether or not it's offered to you, grants you the right to do so?

      --
      Don't disappoint your bird dog. Go to the range.
  84. what a moron by circletimessquare · · Score: 1

    if someone steals a million dollars, the million dollars is not taken back from them. because it was never there's in the first place!

    duh!

    retard: what was stolen is not figured in what must be paid back, because simply stealing something is not a valid way to change ownership of something

    meanwhile, there is the cost of not having the money for the victim, of repairing the damage of the crime, the cost of catching the criminal, prosecuting him, etc.

    so if a criminal steals a million dollars, gives it all back, and goes to jail for a few years, you are still talking about a justice system that is less transgressive than the crime itself

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  85. let's see if i can answer this by circletimessquare · · Score: 0

    in such a way that it dawns on you that you are asking the wrong questions:

    1) Do you have the right to use something I create without involving me, or the people I hire to handle that sort of thing (like a publisher, distributor, or exhibitor) in making it available to you?

    no

    2) Do you think that your own assessment of the practicalities and effectiveness of one marketing method or another change your ethics and the values on which they're based? (trick question, sort of: this presumes you have an indentifiable and fully formed value system from which to actually derive workable ethics).

    no

    3) Do you think that the ability to acquire something, whether or not it's offered to you, grants you the right to do so?

    no

    now let me ask you a few questions:

    1) is it fair that you are going to die?

    no

    2) do you think that the taxes you pay are fair?

    no

    3) do you think that people are going to stop trading files on the internet if you shame them enough?

    no

    what is the commonality about these questions? that you have to get used to them: death, taxes, file trading. not going away. ever. that just because you don't like something, doesn't mean it is going to stop happening. you have to accept it

    #1. it can be considered at worst a minor crime, like jaywalking
    #2. it is unenforceable, you can't prevent it
    #3. it helps you in the end, despite all of your high holy invectives against the practice, because it gives you more exposure so there are more eyeballs willing to engage in your work in VALID paying venues

    so, if you want to play the game, where the game is, i don't have the right to copy your digital work without your explicit permission, then yes, you win

    however, that game IS NOT THE GAME WE ARE TALKING ABOUT

    you want to come at me and play a game, the game being, i own these bits and bytes, and you can only do with them what i say you can do with them

    ok, that's a fun game. you go over there in that corner, and you play that fun game of yours

    have fun, enjoy yourself

    meanwhile, us adults, who fucking understand reality, we are going to play a different game, and make more money than you, because we understand what the internet has done to how this game is played

    here's some words you should reflect on, it's called the serenity prayer:

    "God, give us grace to accept with serenity the things that cannot be changed, courage to change the things that should be changed, and the wisdom to distinguish the one from the other."

    your problem is, you think you can change file trading on the internet. you can't. you can't control it. you can't stop it. no one can. you consider it wrong? fine. i consider it wrong that my girlfriend is going to die someday. what the hell am i going to do about it? what the hell are you going to do about filetrading?

    so, i think the best way to characterize our misunderstanding here is that it is VERY important to you to communicate to me that i don't have the right to copy bits and bytes on my computer that represent your creative works without your permission

    ok, you've made that abundantly clear to me. i hear you loud and clear

    now, i want you to

    #1: make me feel like i've actually done something wrong
    #2: come over here and enforce some punishment on me for my horrible crime
    #3: not thank me for getting you exposure you wouldn't otherwise get

    you live in an ivory tower. you have a hermetically sealed understanding of how things should work in your mind. you look down on a muddy plain, and you sneer at the ugliness and what you perceive to be transgressive crimes

    do you know what the muddy plain is? it's called creative ferment. and it's also called reality. and you can hate it as much as you want, and consider it as sinful and wrong as you want, as unethical, amoral, and illegal as you fucking want. you can shout invectives in anger at it and throw lawyers at it forever

    doesn't.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it