Slashdot Mirror


Only 2 in 500 College Students Believe in IP

I Don't Believe in Imaginary Property writes "David Pogue of the New York Times has an interesting story about how fewer and fewer people believe that infringement is wrong. He mentions talks he gave back in 2005 where people were willing to believe that making backups of DVDs you own is wrong. Today, however, at his talks, he was only able to get two people out of a crowd of five hundred college students to say that downloading a movie or album is wrong. He goes on, like many before him, to bemoan the immorality of young people today, saying: 'I do know, though, that the TV, movie and record companies' problems have only just begun. Right now, the customers who can't even *see* why file sharing might be wrong are still young. But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?'"

649 comments

  1. Internet Protocol doesn't exist! by muftak · · Score: 3, Funny

    How else do they think the internet works?

    1. Re:Internet Protocol doesn't exist! by RPoet · · Score: 2, Funny

      I suspect they believe it was intelligently designed.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    2. Re:Internet Protocol doesn't exist! by iggymanz · · Score: 2, Funny

      tubes. tubes full of electric mails and pages of clicks. sometimes the tubes get too full. unplugging and plugging in the connection to the tubes can flush them.

    3. Re:Internet Protocol doesn't exist! by Holmwood · · Score: 1

      Come on, this deserves at least a +1 funny.

      IP - intellectual property vs. IP - Internet Protocol.

      I can't have been the only slashdot reader who thought that with that juicy headline on the OP.

    4. Re:Internet Protocol doesn't exist! by cp.tar · · Score: 1

      Come on, this deserves at least a +1 funny.

      IP - intellectual property vs. IP - Internet Protocol.

      I can't have been the only slashdot reader who thought that with that juicy headline on the OP.

      Definitely. I also thought "What's not to believe in Internet Protocol?" when I read the headline.

      I guess in an hour or four some mods will see the light, and others will be meta-moderated in due time.

      --
      Ignore this signature. By order.
    5. Re:Internet Protocol doesn't exist! by smittyoneeach · · Score: 1

      Alternating layers of tubes and turtles all the way down.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  2. What do the rest believe in? by tepples · · Score: 5, Insightful

    So less than one percent believe in IP. If not Internet Protocol, which network layer protocol do they believe in?

    But seriously, there are reasons not to believe in "intellectual property" even if you do believe in copyright. For one thing, "intellectual property" confuses copyright law, patent law, and trademark law..

    1. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      When I was in the dorms around 2000, it was IPX. As long as counterstrike ran, there was piece in the world ... unless you were trying to study.

      On topic: I think this shows that we need some concrete fair use rights spelled out there. Frustrated with the existing bullshit system of "intellectual property" I think many people just turn away. I know; I'm one of them and I'm a Linux geek for cripes sake.

      Thats right, if BSD copy and pasted all of those GPLed drivers and stripped the license and labled it BSD I wouldn't be heartbroken at all. :D

      Merry christmas y'all geekazoids.

    2. Re:What do the rest believe in? by Anonymous Coward · · Score: 2, Funny

      there was piece in the world I seem to remember that the more CS i played, the fewer choice pieces i got.
    3. Re:What do the rest believe in? by tahuti · · Score: 2, Informative

      There is new one IP = intellectual privileges, it only considers copyrights and patents, trademarks are excluded since they are not developed to be incentive for creators. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1023735 http://www.techdirt.com/articles/20071023/133936.shtml http://www.intellectualprivilege.com/blog/

    4. Re:What do the rest believe in? by aussie_a · · Score: 5, Insightful

      They quite possibly do believe in IP. They just don't believe downloading for personal use to be immoral.

    5. Re:What do the rest believe in? by morgan_greywolf · · Score: 2, Interesting

      On topic: I think this shows that we need some concrete fair use rights spelled out there. Frustrated with the existing bullshit system of "intellectual property" I think many people just turn away. I know; I'm one of them and I'm a Linux geek for cripes sake. I think the problem is that copyright law left it fairly vague so that it could apply to any future media, real or imagined.

      But I think an 'Fair Use Bill of Rights' or something along those lines would be useful. But I don't think it's only part of the solution.

      For instance, you say:

      Thats right, if BSD copy and pasted all of those GPLed drivers and stripped the license and labled it BSD I wouldn't be heartbroken at all. :D Fair use, though, isn't to allow you to take parts of a copyrighted work and use it in another work wholesale. Fair use is all about using things for purposes of critique -- parody being an acceptable form of critique.

    6. Re:What do the rest believe in? by Erpo · · Score: 5, Insightful

      Thats right, if BSD copy and pasted all of those GPLed drivers and stripped the license and labled it BSD I wouldn't be heartbroken at all.

      Hear hear!

      I support the GPL over BSD-style licenses because I don't like the idea of Free code being used to improve proprietary software, but that's something I'm willing to live with if copyright is abolished, which is a more important goal.

    7. Re:What do the rest believe in? by mabhatter654 · · Score: 2, Insightful

      In my opinion, that's the main reason to be pro-GPL versus BSD. If the big players want extreme-IP then we might as well benefit as a community by the increased strictness!! it's sort of using their own rules against them. Companies like Microsoft or the RIAA can't propose to "lessen" licenses like GPL because their own rules are so much less fair.

    8. Re:What do the rest believe in? by Anonymous Coward · · Score: 2, Insightful

      For one thing, "intellectual property" confuses copyright law, patent law, and trademark law. [gnu.org]. I completely disagree.

      "Intellectual property" is a blanket term that, by definition, encompasses (at least) the three legal areas you mentioned.

      If somebody gets confused by a blanket term, it's because they are were confused to begin with.

      I occasionally use the term "intellectual property", and I know exactly what the difference is between trademarks, patents, and copyright.

      This doesn't mean that I agree that "intellectual property" is the best term that could have been designed. But I do recognize that it is widely used, so I use it.
    9. Re:What do the rest believe in? by cpt+kangarooski · · Score: 1

      Fair use is all about using things for purposes of critique

      No, it's meant to cure situations where copyright is used in a manner that is contrary to the policies underlying copyright. A 'critique' theory wouldn't suffice to explain, say, time-shifting.

      --
      -- 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.
    10. Re:What do the rest believe in? by Anonymous+Brave+Guy · · Score: 5, Insightful

      [College students] just don't believe downloading for personal use to be immoral.

      Many of my friends didn't see anything unfair about heavy taxation and redistribution of wealth while they were students (and therefore paying no tax and probably claiming some sort of state funding toward their tuition expenses). In most cases, their views changed rather abruptly when they got their first real pay slip and looked at the deductions column.

      The moral of the story is that your personal morals are at least in part a product of your own experience and view of the world. Most college students have a very narrow view of the world, being young and having yet to start the main working phase of their lives, so it's not surprising that their views on ethical issues like copyright infringement come from a one-sided perspective. It is, of course, regrettable how quickly certain people who have come through the education system and started work in knowledge industries forget their first perspective in their haste to advocate their second.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:What do the rest believe in? by marcello_dl · · Score: 2, Insightful

      /Sig:/ GPLv3 is a tool for IBM to dominate the market. Any freedoms it ensures are merely side-effects.

      Air is a tool for a fire to spread and destroy things. Any breathing capabilities it ensures are merely side effects.

      GPL is an expression of greater freedom at expenses of local limitations. Freedom is greater than IBM and their competitors. B IBM fought Sun with patents.
      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    12. Re:What do the rest believe in? by aussie_a · · Score: 1

      I'm not saying anything about GPL v1 or GPL v2. However the changes made in GPL v3 is designed to aid IBM, not to ensure greater freedoms.

    13. Re:What do the rest believe in? by Andrew+Cady · · Score: 4, Insightful

      The moral of the story is that your personal morals are at least in part a product of your own experience and view of the world. Most college students have a very narrow view of the world, being young and having yet to start the main working phase of their lives, so it's not surprising that their views on ethical issues like copyright infringement come from a one-sided perspective. That is a strange moral to take from it. I would see the moral as this: politics is war by other means. One supports the law that benefits oneself. The students support the laws that benefit students; the workers support laws that benefit workers; the business owners support laws that benefit owners; heirs-to-be support the reduction of death taxes; those who will not inherit support the increase of death taxes; etc..
    14. Re:What do the rest believe in? by mysidia · · Score: 1

      Tarzan, I2P, Tor, Herbivore, Freenet, or your favorite anonymizing peer-to-peer network layer of choice.

    15. Re:What do the rest believe in? by kestasjk · · Score: 1

      Headline: Only 2 in 500 college students believe in I.P.

      In other news: Only 2 in 50000 college students own anything that could be considered I.P.

      --
      // MD_Update(&m,buf,j);
    16. Re:What do the rest believe in? by Brian+Gordon · · Score: 2, Insightful

      That's pretty dumb. You're calling Big Content evil for locking down their IP rights, and to get back at them you're locking down your IP rights. Do the Right Thing, go fully public domain.

    17. Re:What do the rest believe in? by trentblase · · Score: 2, Insightful

      Every one of them does. Unless there is a college student out there who has never written a single original work.

    18. Re:What do the rest believe in? by Torvaun · · Score: 1

      I wonder how many believe in Santa Claus. Bet it's more.

      --
      I see your informative link, and raise you a pithy comment.
    19. Re:What do the rest believe in? by TeraCo · · Score: 1

      How many of them would object to someone in their class copying their paper and submitting it as original work?

      They care about IP, they just don't care about is IP that they want to copy for free. It's a viewpoint I'm not entirely unsympathetic to.

      --
      Not Meta-modding due to apathy.
    20. Re:What do the rest believe in? by edwardpickman · · Score: 1

      I'm confused by this one. What other use is there for music and movies other than personal? Just curious since the obvious intent was to produce them for personal use but based on selling them not giving the content away.

    21. Re:What do the rest believe in? by smallpaul · · Score: 4, Insightful

      One supports the law that benefits oneself.

      There are many people who advocate that their own taxes be raised in order to pay for a social program they believe to be for the greater good, whether it be public education, socialized medicine, intervention in the Balkans, the fight against AIDS in Africa, amelioration of global climate change and so forth. Many super-rich people ask quite explicitly to pay more taxes. Warren Buffet is a good example.

    22. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      >> For one thing, "intellectual property" confuses copyright law, patent law, and trademark law. [gnu.org].

      > I completely disagree.
      > "Intellectual property" is a blanket term that, by definition, encompasses (at least) the three legal areas you mentioned.

      "Confuse" = con+fuse, meaning "with" + "meld/blend" - are you arguing that the term does NOT in fact combine these three separate concepts under one umbrella?

    23. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      One supports the law that benefits oneself.


      There are many people who advocate that their own taxes be raised in order to pay for a social program they believe to be for the greater good, whether it be public education, socialized medicine, intervention in the Balkans, the fight against AIDS in Africa, amelioration of global climate change and so forth. Many super-rich people ask quite explicitly to pay more taxes. Warren Buffet is a good example.


      That does not contradict the point. Altruism still benefits the benefactor, if only by making them feel good about themselves for doing something good. (Even without recognition, or in some cases especially without recognition.)
    24. Re:What do the rest believe in? by mOdQuArK! · · Score: 1

      How many of them would object to someone in their class copying their paper and submitting it as original work?

      That's more of an ethical issue of fraud/plagiarism. Copyright infringement woudl be a secondary issue in that example.

    25. Re:What do the rest believe in? by riker1384 · · Score: 1

      I believe in IP: Intelligent Pipes.

    26. Re:What do the rest believe in? by Pentahex · · Score: 5, Insightful

      Warren Buffet will never have to worry about paying the mortgage or the light bill. Sure, the Hollywood elite and super rich like George Soros can advocate higher taxes because they're economically untouchable. They have more money that anybody could spend in many lifetimes. The poor and lower middle class pay only minimal taxes. It's hard working middle class people trying to acquire wealth that are crushed by the jackboot of confiscatory taxation.

    27. Re:What do the rest believe in? by innocent_white_lamb · · Score: 1

      What other use is there for music and movies other than personal?
       
      Commercial: You can play music at a dance and sell tickets, you can play music in your restaurant, etc. You can play movies in a theatre, or sell DVD's from a booth.
       
      Educational: You can use music and movies as part of educational presentations, research, demonstrations and experiments.
       
      And so on.

      --
      If you're a zombie and you know it, bite your friend!
    28. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      That's precisely why we need highly progressive taxation.

    29. Re:What do the rest believe in? by Kadin2048 · · Score: 2, Interesting

      One supports the law that benefits oneself.



      There are many people who advocate that their own taxes be raised in order to pay for a social program they believe to be for the greater good, whether it be public education, socialized medicine, intervention in the Balkans, the fight against AIDS in Africa, amelioration of global climate change and so forth. Many super-rich people ask quite explicitly to pay more taxes. Warren Buffet is a good example.

      The two things aren't mutually exclusive. You could easily be in favor of higher taxes as a way to benefit yourself -- it's all about defining 'benefit.' It's difficult to quantify a "warm, fuzzy feeling," but it obviously has some value to some people. I don't think it's hard to believe at all that people who have so much money that they can't figure out ways to spend it themselves anymore, would want higher taxes: it's a way of deriving benefit (or at least alleviating guilt?) from their money.

      Plus, advocating taxes has another easy bonus: by advocating taxes, you can take a certain amount of credit for whatever gets done with them -- you can point at the fight against AIDS, climate change, etc., and say "I did that," at least in part -- but you get to do it with other people's money instead of just your own. It's a difference of scale. Even a rich person can only do so much, but by advocating taxes and public projects you have the possibility of being able to do a lot more.

      Both "greed" and "altruism" can be driven by self-interest; it's all about what a person finds desirable and pleasurable to engage in or possess.
      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    30. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      Maybe they are reverting to the old school before Al and 'Tipper' Gore tore up the United States Constitution that they were sworn to defend. They did this back in the naive nineties. So called 'intellectual property' was always a construct to try to 'own' simple logical patterns. It used to be illegal to copyright or patent a computer program. Once one ventured to do so, lines were drawn on the 'permitted uses' of logic. Programming then becomes a minefield to be ventured into only by the very rich or very foolish. Of course it is morally right to use ones belongings in whatever way they see fit. It is the common sense path that is normally followed. Anything else is the stuff of nonsense to be obeyed only in the presence of naked force, and ignored in its absence. Once my old university built a traffic circle on a side path. It was two lanes wide all around the circle, but had only one entrance and one exit. It touched the main road on a semi-tangent, like the letter 'p'. However, students were told to drive the long way around this excersize in idiocy when going from south to north, and the short way around it when traveling from north to south. Drivers went the short way all the time. The whole thing was a total waste of the taxpayer's money for an ego/power trip on the part of the administration. The only real users of the 'circle from Hell' were campus parking cops who used it to park and walk to the old 'UR' for a pepsi...and eventually a small owl who tried to build a nest in it. THAT finally did the 'circle from Hell' in. That owl was a protected species! That gave the administration a fig leaf to hide behind, allowing them to save face while removing the hated 'circle' [excepting the owl nest] and replacing it with a flower garden. The same goes for our hated so called 'intellectual property laws'. No one can own ideas. Jean Jacques Rousseau and the philosopher Voltaire said that quite elequantly centuries ago. The whole world is laughing at us, and angry at us at the same time, as our moneyed interests are converting this idea into a type of absentee landlordism in a bid to enserf all the workers of the world. This idea also causes loss of hope, and stagnation of any economy that gives it free reign. No one will invent for fear that his work will be stolen by a large corporate interest on the ground that it somehow 'infringes' however slightly or nebulousely on some obscure and vague patent or copyright or trademark or some other disgusting trapping of monopoly capitalism. In this way work can be farmed out to slave labor around the world with the profits flowing to fewer and fewer oligarchs. The 'competition' that some businesses clamor for if afraid of government regulation will be non-existant, sued or prosecuted out of existance by these 'IP' laws. This is why people in Atlantic Canada cannot even make home handicrafts out of 'Anne of Green Gables', a NewFoundLand Icon for over a hundred years. The 'IP' for this belongs to some scum who has farmed it out to some Chinese company using cooley slaves who never heard of Labrador, New Foundland, or Anne and could care less. The manifest unfairness of this pernicious idea of IP will cause a reaction at some point. Probably the exploited country will be a large one that has allowed its workers to be used in order to gain hard currency to be used in some future war......like Red China! How many American workers will then be asked to die to make profits for souless oligarchs in some future unwinnable war?

    31. Re:What do the rest believe in? by Andrew+Cady · · Score: 1

      You make a good point, although orthogonal to mine. I should have said that one supports the laws that benefit one's interests. One might have an interest in eliminating poverty, or fighting AIDS, or supporting the arts, or education, etc., quite irrespective of actual benefit to oneself.

    32. Re:What do the rest believe in? by Kooshman · · Score: 1

      Personal experience is definitely a factor, and the incisive point above needs to be addressed in any study of the opinions of such a transient and intermediate group such as college students.

      On the other hand, college students are the best example of the "next generation" for sociological research. In a few years they *will* be the people with money, and are usually at least a bit clueful as they managed to graduate high school and stagger into a college somewhere. They are often exactly the crowd in the current society that is applying some amount of critical analysis to the world around them. Y'know, that educational mission that universities are supposed to serve in the broadest sense...

      For example, a law professor recently pointed out that everyday IP usage, without *any* P2P access, one could rack up billions (with a B) in statutory infringement liability every year. Every time you forward an email to an external recipient or hum a pop tune in a public restroom, you are infringing (distribution and public performance rights, respectively). Really, a public restroom. Look it up, it's absurd. And as the recent media suits have shown, those statutory infringement penalties do see traction in court.

      So, on the other side, college students are also the ones most likely to decide "I should be able to do this", and see the current legislation as crap. Old fogies who don't use the technology, or don't realize how their everyday activities are illegal, aren't as likely to express their discomfort with current laws.

    33. Re:What do the rest believe in? by viscus · · Score: 1

      Politics by definition is getting others to do things that they wouldn't ordinarily. War is one way of doing that.

    34. Re:What do the rest believe in? by Artifakt · · Score: 2, Insightful

      If somebody gets confused by a blanket term, it's because they are were confused to begin with.

      You mean like SCO in the IBM case? Cause it sure looks to me like they knew the difference between Patent Infringement and Copyright Violation, but tried to confuse a judge and their potential shareholders by using that blanket term in filings and press statements.
            I'd say that was a case where a lot of somebodies got confused because vicious bastards lied to them in a cynical pump and dump scheme. The term, IP, is designed to facilitate that.

      --
      Who is John Cabal?
    35. Re:What do the rest believe in? by macdaddy357 · · Score: 1

      In much of the world where people are starving, the notion that vapor has any value whatsoever is too absurd even to consider. Perhaps the rich nations of the world could learn something from the wisdom of those more grounded in the realities of seeking food, clothing and shelter.

      --
      How ya like dat?
    36. Re:What do the rest believe in? by Gerhardius · · Score: 1

      Yet another problem with the myth that self-interest is the cure to all ills. When driven primarily by self-interest the basic music consumer likely sees no need to paying for what he/she can download for free. 20 years ago many of us made tapes of friend's music, or were given tapes, but the limited technology meant that it was a time consuming process to make them. Now you can download a pretty diverse array of music, or more efficiently you can have a few friends over and copy everyone's music library in an afternoon. The behavior has been there since the home user has had the ability to make copies of recorded music, the "personal use" argument was the standard cassette copying defence, but now what used to take hours of attention is done with a few keystrokes.

      The question of morality is interesting. The promotion of self-interest will invariably lead to cheating when people try to get as much as they can for cheap or free without regard for the possible consequences if their behavior was copied by others. Poor driving, theft, littering and on and on: there is an endless list of issues large and small that are rife with hidden costs. In many cases the concept of morality is simply a red herring, an attempt at justifying one action or another through reducing the issue to one of the existence or concept of universal morality.

      I teach the odd college class, and I have given seminars to business people on similar material. They are structured differently but they do have examinations of some kind. Naturally the business seminars are not graded per se, but over the years I have found that most people like some form of quantitative reference for what they can regurgitate back to me on paper. I have never caught a person cheating on my exams or other work when business people are involved but I have caught many students cheating. Are the business types better cheaters? Are they more "moral?" Are they simply following their self-interest?

      Many students simply want good grades, knowledge is secondary or irrelevant. The business professionals taking a course are interested in learning something that will improve their profitability. When the motivation is to learn, cheating becomes unthinkable and self-defeating. Regardless if the motivation is getting good grades, or saving money and building a collection by downloading music, self-interest dictates that the seemingly "immoral" choice.

    37. Re:What do the rest believe in? by Antique+Geekmeister · · Score: 1

      No, it's to stop Tivoization, repeats of the Novell/Microsoft deal working around the GPL, and bringing clear patent protection to GPL developers. The changes are necessary becuase such deals and such pressures have been chipping away at the GPL, as companies try to have their cake and eat it, too and work around the GPL to proprietize their own projects based on open source code.

      I can believe it benefits IBM, who've gotten quite good about genuinely open source development, especially free software iin the GPL sense. And in this case, it's benefitting the rest of us too.

    38. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      Right, soon they'll grow up and realize that the only thing that matters is money, greed is good, fuck their fellow man. Just like the baby boomers in the 1980s, to hell with the poor, "I got mine".

      Too bad people just pretend to follow Christ, most American "Christians" are more like Ayn Rand than Jesus Christ.

    39. Re:What do the rest believe in? by UncleTogie · · Score: 1

      Altruism still benefits the benefactor, if only by making them feel good about themselves for doing something good.

      What about those that do it for a perceived sense of necessity, rather than feeling good?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    40. Re:What do the rest believe in? by NevermindPhreak · · Score: 1

      Most people who support higher taxes also support taxes increasing in proportion to your yearly net income or profit. In other words, if you barely make anything, you pay 0%, whereas if you make billions per year, you are taxed, say, 50% of the profit.

      The situation you described is exactly why a Flat Tax is such a bad idea. (Though I'm sure there is some sort of benefit to it, I don't personally see it.)

    41. Re:What do the rest believe in? by trentblase · · Score: 1

      Ok, say someone is selling copies of your papers online but fully attributed to you. Regardless of whether someone is downloading the paper for fraudulent purposes, wouldn't you be a little miffed? Or maybe Nazis are featuring that painting of yours in their brochure. People care about IP, just less so about mass-marketed songs and video.

    42. Re:What do the rest believe in? by nguy · · Score: 1

      Many of my friends didn't see anything unfair about heavy taxation and redistribution of wealth while they were students (and therefore paying no tax and probably claiming some sort of state funding toward their tuition expenses). In most cases, their views changed rather abruptly when they got their first real pay slip and looked at the deductions column.

      That may be, but then they are being manipulated. Anybody outside the top 5% of income isn't having "wealth" redistributed because they don't have wealth; they are simply paying for what they are using. Your federal taxes primarily go to the US military, interest, roads, and entitlements. If you want to lower them, elect people who reduce spending on those (hint: most politicians increase discretionary spending and thereby your tax burden, with Republicans being even worse than Democrats).

      so it's not surprising that their views on ethical issues like copyright infringement come from a one-sided perspective.

      You are implying that it's accepted that infringing copyrights is unethical; that is false. Copyrights are not property rights or natural rights; they were created relatively recently as a pragmatic step to encourage publication. The traditional view of ethics is that creations should be properly attributed, nothing more. The notion that a law can restrict the use of ideas or words remains bizarre and unnatural, and rightly so.

      It is, of course, regrettable how quickly certain people who have come through the education system and started work in knowledge industries forget their first perspective in their haste to advocate their second.

      I don't know where you get that from. Most of the creative people I know in the computer industry consider the current copyright and patent system to be both economically bad and ethically unjustifiable, a view that only gets reinforced the longer they work in "knowledge industries" and see how the current system is not working and doing a great deal of harm.

    43. Re:What do the rest believe in? by Hognoxious · · Score: 1

      For one thing, "intellectual property" confuses copyright law, patent law, and trademark law. [gnu.org].
      Only in the way that "animals" confuses pigs, sheep and crocodiles.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    44. Re:What do the rest believe in? by tayferd · · Score: 1

      IP generally includes patents, trademarks, and copyright protection. It's not confusing, rather, it just refers to these three bodies of law aimed to allow private agents to internalize the positive externality of knowledge by way of a government-granted monopoly and promote its dissemination into the public domain after a set period of time. Just because college students aren't willing to buy over-priced music, does not mean they don't believe in IP. The fact that we buy over-priced textbooks (~$600-1300/year) doesn't mean we agree that copyright should apply to works for use in educational contexts -- it's because eBooks aren't available for download. Most college students I know see an important economic externality that is solved by IP with respect to patents and copyright, but I don't know anyone who agrees with the DMCA. The contingent valuation of software, DB, and genes patents by the younger generations are far more interesting to me.

    45. Re:What do the rest believe in? by cp.tar · · Score: 1

      I don't see how forcing everyone to publish their additions to your code means "locking down", just like I don't understand some hicks on my university's forum who demand their right to spam and flood, as moderating it is fascism and restricting their right to free speech.

      The GPL allows you everything, and for free -- the only thing you have to do in exchange is to provide like for like. If you got a program with a source code, the least you can do is publish any improvements you made to it.
      The catch is that the GPL is forcing people do it using the laws people behind it consider unfair and pointless.

      That's the thing I like about the GPL: it plays by the rules. We may not like the rules, but we play by them, and by playing, we show that the rules need to change.

      I so much prefer evolution to revolution.

      --
      Ignore this signature. By order.
    46. Re:What do the rest believe in? by gordo3000 · · Score: 1

      there are amazing benefits! I'm a huge fan of a very very simple system:
      a flat tax + deduction at source + tax all income the same + file IF you want to claim deductions

      this simplifies taxes by a great deal. you don't even have to have a flat tax if you tax different types of income differently, but that just makes the code unfair/biased towards certain income streams.

      I make decent money, but for me to file my taxes, I HAVE to hire a professional (or this time around, learn the tax codes for Japan, the US, and England). Japan in the only tax code I can file in a simple and straight forward manner. The US is completely convoluted crap. I would happily pay 1 or 2k more in taxes each year if I just had a lfat tax that was deducted at source and didn't require filing. It would save massive amounts of time and money (filing for me costs upwards of 4k, so I would reasonably pay 1/2 of that out to the govt to just get out of doing it because it still entails tons of work by me).

      The deductions you are allowed to claim by filing can be written however you want, but make them extremely limited (for example, a refund at year end for incomes below x amount, making the amount liable to household members), etc. This would be like the AMT, which is how we should move the entire US tax system over to (at which point, you could greatly reduce the tax level it imposes and gain tons from simplicity).

    47. Re:What do the rest believe in? by 192939495969798999 · · Score: 1

      Everyone believes in downloading for personal use until you are financially dependent on such a download, and then you see what the problem is.

      --
      stuff |
    48. Re:What do the rest believe in? by davide+marney · · Score: 3, Insightful

      That does not contradict the point. Altruism still benefits the benefactor, if only by making them feel good about themselves for doing something good.

      You've not used "benefit" in the same sense in both cases. "That which is to my personal, direct profit" is not equivalent to, "that which makes me feel good". I can feel good about all manner of things that have no direct profit to myself.

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    49. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      In much of the world where people are starving, the notion that people have time to listen to music and/or play games is too absurd even to consider. Perhaps the rich nations of the world could learn something from the wisdom of those more grounded in the realities of seeking food, clothing and shelter.

      Oh please. And off course you have never thrown away food? And you donate all your money to those poor people (except of what you need to get a roof over your head and beans on the table)?

    50. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      Most of the creative people I know in the computer industry consider the current copyright and patent system to be both economically bad and ethically unjustifiable, a view that only gets reinforced the longer they work in "knowledge industries" and see how the current system is not working and doing a great deal of harm


      Odd, most of the creative people I know in the computer industry believe otherwise.

      So much for anecdotes.

    51. Re:What do the rest believe in? by TehZorroness · · Score: 1

      without copyright, proprietary systems would die from legal "piracy." They'll either open the source or die looking like ass-wipes.

    52. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      >"Confuse" = con+fuse, meaning "with" + "meld/blend"

      You're an idiot.

    53. Re:What do the rest believe in? by Plutonite · · Score: 1

      That's pretty dumb. You're calling Big Content evil for locking down their IP rights, and to get back at them you're locking down your IP rights. Do the Right Thing, go fully public domain. Which is why in the future we may see more advanced forms of licensing that take into account further information than the simple "commercial use" label, like say the type of commercial activity and licensing schemes used by the software house/entity making use of your intellectual output. It is not wrong to lock down things against corporations in the same way that it is not wrong to put dictators in jail. You are not being hypocritical when you do this. You are being practical and just.

      This whole discussion is about a balance of ideology and practicality. As usual commentators will question the 2/500 statistic, question the moral authority of the people involved, dive into profound debates on IP and CopyRight, dive further into the nature of information, invention and creativity itself as related to basic human rights, maybe host a little flamewar on the side between socialists and free market fans(when the discussion on ownership gets all fiery), and finally come to grips with the fact that they are arguing about extremely difficult political issues that go back to the concepts of governmental intervention and obscure moral philosophies.

      Between the commercial secrecy that keeps the free market afloat and the openness that is the grounds for scientific work and general human civilization, society always manages to hack together a solution for each situation(legal or not). Strict ideological stances are useless on these intricate issues - this is economics and ethics you're talking about, for gates' sake. Come on. Controversy here is natural.
    54. Re:What do the rest believe in? by squiggleslash · · Score: 1

      Yes, that's right, RMS really, truly, deeply cares about IBM. I mean, it's right there in everything he writes, from "The Right to Read: How DRM might cripple books in the future, and how I love IBM" to the time he held up a placard outside a talk held by an ATI spokesman, proclaiming "Don't buy ATI, enemy of your freedom. Buy IBM instead. Their stuff rocks."

      Honestly, I'm trying to work out how anyone can convince themselves of this kind of logic. You might argue that the changes to the GPL benefited IBM - and to some extent, they may have, though they benefit virtually any company that develops free software and it's not hard to see how they also damage IBM - but to claim that they were written to aid IBM is plain ridiculous.

      --
      You are not alone. This is not normal. None of this is normal.
    55. Re:What do the rest believe in? by mOdQuArK! · · Score: 1

      As long as it was fully attributed to me, then I wouldn't care. In the Nazi situation, as long as they didn't try and pretend that I was supporting their position (which I would regard as a form of fraud), then I wouldn't care.

      I write software for a living, and get paid fairly well for it. Like any craftsperson of physical products,
      I don't expect to try and control what people do with my work after I have released it, as long as they aren't introducing untruth in its distribution. (In the situation where I did care, then I'd have them sign a contract with me with an explicit description of the terms of distribution.)

      There's no real reason for intellectual property laws, except to perpetuate the current industry which is based on IP laws.

    56. Re:What do the rest believe in? by ShieldW0lf · · Score: 1

      Warren Buffet will never have to worry about paying the mortgage or the light bill. Sure, the Hollywood elite and super rich like George Soros can advocate higher taxes because they're economically untouchable. They have more money that anybody could spend in many lifetimes. The poor and lower middle class pay only minimal taxes. It's hard working middle class people trying to acquire wealth that are crushed by the jackboot of confiscatory taxation.

      So, who is being served by the concepts of "Private Property" rather than "Personal Possessions"?

      Who is being served by the concepts of "Freedom of Enterprise" rather than "Freedom of Action"?

      Doesn't look like those ideas are supporting anyone but a scant few.

      --
      -1 Uncomfortable Truth
    57. Re:What do the rest believe in? by Brian+Gordon · · Score: 1

      Well I don't know about you, but the reason I get riled up about proprietary sofware is because they claim to have some kind of ownership over code. Ownership over code. What?! They have no rights to assert here- code lives on its own once created, and wants nothing more than to be free. So you can see why I'm equally incensed by the GPL.. who do these developers think they are to claim that it's their code and they can license it how they want? You can't license it at all because it's not yours to give- it's the community's. So don't try to justify yourself by saying that you're releasing it under an Open Source(R) license.. it's still claiming your ownership of it, just like IP holders. Once you give in to free software licensing you might as well go proprietary.. there's no moral difference and at least you can make some moolah off it.

    58. Re:What do the rest believe in? by tepples · · Score: 1

      If somebody gets confused by a blanket term, it's because they are were confused to begin with. One problem here is that the general public is "confused to begin with", as are many members of the news media, and references to "intellectual property" in news media serve to cement this confusion.
    59. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      You mean like SCO in the IBM case? Cause it sure looks to me like they knew the difference between Patent Infringement and Copyright Violation, but tried to confuse a judge and their potential shareholders by using that blanket term in filings and press statements. So what?

      The judge has a professional responsibility to know the difference. If a legal filing uses the term "intellectual property" in an overly-broad way, then the judge can simply ask for more detailed information.

      As for the shareholders, this was just another one of the million cases where investors get fooled by fast-talking salesmen who exaggerate the truth. This will never stop. It's silly to use this as an excuse for asking people to stop using a piece of terminology.

      I'd say that was a case where a lot of somebodies got confused because vicious bastards lied to them in a cynical pump and dump scheme. The term, IP, is designed to facilitate that. No, the term "IP" was designed because it's easier to say this:

      "Company X owns the IP for product Y",

      instead of saying this:

      "Company X owns the marketing trademarks, design patents, and software copyrights for product Y".

      The term "IP" wasn't designed for nefarious purposes. Instead, you have found an anecdote that shows how "IP" was used by somebody for nefarious purposes. Any blanket term can potentially be used to conceal the truth.
    60. Re:What do the rest believe in? by civilizedINTENSITY · · Score: 1

      Hence the term "copyleft" to indicate the inherent paradox at the center of scheme. While stack-based thinking overflows, in a perfectly recursive world it makes sense!

    61. Re:What do the rest believe in? by lysse · · Score: 1

      Warren Buffet will never have to worry about paying the mortgage or the light bill.

      Which is presumably why he says he should pay more tax, not that you should pay more tax. Tax doesn't have to be levied at the same rate across all income bands, you know.
    62. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      One problem here is that the general public is "confused to begin with", as are many members of the news media, and references to "intellectual property" in news media serve to cement this confusion. It's unfortunate when people incorrectly use a term that they don't understand -- but that fact certainly doesn't mean that there's anything wrong with the term, or that we should stop using it.

      The answer to what you seek is education. Make people smarter, instead of making language dumber.
    63. Re:What do the rest believe in? by civilizedINTENSITY · · Score: 1

      And to abstract your response, personal is orthogonal to public. Both commercial and educational productions are public. Of course, personal research would not be public..., but the results would be once published.

    64. Re:What do the rest believe in? by novakyu · · Score: 1

      I support the GPL over BSD-style licenses because I don't like the idea of Free code being used to improve proprietary software, but that's something I'm willing to live with if copyright is abolished, which is a more important goal. I thought that was always the (almost) explicit goal of copyleft. If we can't get rid of the draconian copyright laws, then we must subvert them to impotence. I've always considered GPL as the best stepping stone to a copyright-free society (or at least one that places a much more reasonable restriction on its length, like a maximum of 2 years for software, with the copyright registrant having to renew every 6 months or something).
    65. Re:What do the rest believe in? by civilizedINTENSITY · · Score: 1
      "There's no real reason for intellectual property laws, except to perpetuate the current industry which is based on IP laws."

      Hans, is that you?

      Many years ago, there lived an emperor who was quite an average fairy tale ruler, with one exception: he cared much about his clothes. One day he heard from two swindlers named Guido and Luigi Farabutto that they could make the finest suit of clothes from the most beautiful cloth. This cloth, they said, also had the special capability that it was invisible to anyone who was either stupid or not fit for his position.

      Being a bit nervous about whether he himself would be able to see the cloth, the emperor first sent two of his trusted men to see it. Of course, neither would admit that they could not see the cloth and so praised it. All the townspeople had also heard of the cloth and were interested to learn how stupid their neighbors were.

      The emperor then allowed himself to be dressed in the clothes for a procession through town, never admitting that he was too unfit and stupid to see what he was wearing. He was afraid that the other people would think that he was stupid.

      Of course, all the townspeople wildly praised the magnificent clothes of the emperor, afraid to admit that they could not see them, until a small child said:

      "But he has nothing on!"

      This was whispered from person to person until everyone in the crowd was shouting that the emperor had nothing on. The emperor heard it and felt that they were correct, but held his head high and finished the procession.
    66. Re:What do the rest believe in? by civilizedINTENSITY · · Score: 2, Informative

      But a pig is an animal. A sheep is an animal. A crocodile is an animial.

      Patents are not property. Trademarks are not property. Copyrights are not property.

      You needs must modify the definition of property to include things that aren't real to pretend otherwise.

    67. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      are you arguing that the term does NOT in fact combine these three separate concepts under one umbrella No, I am using the word "confuse" in its more commonly-used sense: Something that is "confusing" is something that tends to cause mis-identification.

      The term "intellectual property" does, in fact, combine multiple concepts under one umbrella. But the resulting combination does not necessarily cause the original concepts to become mis-identified.

      --

      You presented an interesting new way of interpreting the word "confuse" that I haven't encountered before. For example, if I combine chocolate and milk together, maybe I could say that the result is a "confusion" of chocolate and milk! Etymologically, this makes sense if you break the word "confuse" into its core roots, as you have done. However, I don't think your wordplay has produced any practical results, because very few people interpret the word "confuse" in this manner.
    68. Re:What do the rest believe in? by tepples · · Score: 1

      The answer to what you seek is education. How would you suggest going about this? The mainstream media corporations control the means of mass communication in the developed world, and the same mainstream media corporations benefit from the general public's ignorance of the precise scope of the exclusive rights under "intellectual property" laws.
    69. Re:What do the rest believe in? by StopKoolaidPoliticsT · · Score: 2, Insightful

      The thing about guys like Buffet is... while they support higher taxation, they, themselves, donate their monies to charities to manage. They obviously don't trust the government to properly manage their own money but think that everyone else (be it in just the ultra-rich or a wider range of the population) should give their money to the government to manage for them.

      When Buffet takes his pledge to the Gates Foundation away and cuts a check to Uncle Sam instead, I'll listen to him. Until then, he's sheltering his money with another guy from the ultra-rich boys club while advocating a different policy for the serfs.

      --
      Stop Koolaid Politics
    70. Re:What do the rest believe in? by Anonymous Coward · · Score: 0

      "Sure, the Hollywood elite and super rich like George Soros can advocate higher taxes because they're economically untouchable."
                Except that they don't. MOST of the super-rich advocate finding every possible tax loophole, making new loopholes, and "cooking the books" so they can pay almost no tax. Warren Buffet is a good economist, he probably fully advocated himself paying his fair share. But many rich do not.

    71. Re:What do the rest believe in? by jefu · · Score: 1

      You've not used "benefit" in the same sense in both cases. "That which is to my personal, direct profit" is not equivalent to, "that which makes me feel good". I can feel good about all manner of things that have no direct profit to myself.

      But what do you mean by profit? If you mean only economic, it seems quite a narrow definition indeed. It seems quite reasonable to suppose that most of what humans do they do to make themselves feel good one way or another. This includes things that are pretty basic to survival, for just one instance, food tastes good (and it seems quite probable that there is an evolutionary basis for that).

      So, why do people try to acquire economic benefits? In part, there is the survival aspect, but added to that, more money can mean more ability to obtain things that make you feel good (though the "feeling good" part does not always follow).

      I suspect (but am neither a philosopher, nor a psychologist, nor an evolutionary biologist) that "feeling good" is really one of the basic goals of any living (not necessarily human here) being. If you can feel good without a personal economic benefit, that is all to the good, is it not? (It even seems to underly more than a few bits of most major religions. At the extreme "heaven" is just the ultimate in "feeling good" - and it is reputed to last for quite a long time.)

    72. Re:What do the rest believe in? by im_thatoneguy · · Score: 1

      But that's also complete garbage.

      I take 0 deductions and as a result pay as much in taxes as anybody else until the end of the year and I am doing just fine.

      I agree that the super-rich should take on a greater burden but once you're putting money towards retirement, leasing a brand new car, living in a nice apartment and can purchase groceries and cable TV I think you're doing very well and should start to take on a progressively greater role in helping those who weren't provided with the same advantages you were to be able to get where you are. (Say it's personal determination that got you there and I would ask where you got that personal determination. IF you grew up in a stable, supportive household don't tell me you didn't have help in getting to where you are.)

      I'm not saying everybody should be able to drive a brand new car but as a middle class working professional I have benefited from a prosperous stable, well funded government in many more ways than someone who lives on welfare, works 70 hours a week, subsists on food stamps and goes home to a ratty apartment.

    73. Re:What do the rest believe in? by dangitman · · Score: 1

      It's hard working middle class people trying to acquire wealth that are crushed by the jackboot of confiscatory taxation.

      Except they aren't being crushed by taxation. They in fact, benefit the most from tax spending. What middle class person is in the poor house, or has their lives "crushed" by paying taxes? If they are "middle class", then by definition, they are doing just fine.

      They benefit enormously from taxes building roads, nice schools for their children, etc. Meanwhile, the rich usually send their kids to private schools, and the poor get the worst of the public schools, and often aren't in a position to take advantage of public infrastructure and spending.

      --
      ... and then they built the supercollider.
    74. Re:What do the rest believe in? by darkwhite · · Score: 1

      So what? Your statement doesn't contradict the one you're replying to. How does the fact that the middle class is taxed excessively negate the fact that the upper and ultra-rich class is disgustingly undertaxed in the US?

      Many of this country's problems would be solved by raising the exponent of the progressive taxation curve. Well, that and stopping the mind-boggling fiasco that is the Iraq war.

      --

      [an error occurred while processing this directive]
    75. Re:What do the rest believe in? by xenocide2 · · Score: 1

      The people I meet complaining about taxes and social programs aren't worried about their mortgage or light bills. They're worried about paying the mortgage on the investment property they bought but can't find a tenant for. I have a hard time feeling sorry for these folks. Buying a house and then not putting even the minimal amount of effort into it doesn't evoke pity. And I'm certainly willing to risk the chance that an idiot finds it harder to make millions being a bad landlord.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    76. Re:What do the rest believe in? by JoelKatz · · Score: 1

      "I don't see how forcing everyone to publish their additions to your code means "locking down", just like I don't understand some hicks on my university's forum who demand their right to spam and flood, as moderating it is fascism and restricting their right to free speech."

      Certainly one could argue that prohibiting people from spamming and flooding is a form of "locking down". It's not that "locking down" is automatically bad. Machine guns are not automatically bad, but clearly they should be locked down and not used indiscriminately.

      Yes, forcing everyone to publish their additions to your code is a form of locking down. It prohibits some uses of your code and prohibits others. The question is whether this it the good kind of locking down, like prohibiting spam, or the bad kind of locking down, like prohibiting dissenting views.

      ""The GPL allows you everything, and for free -- the only thing you have to do in exchange is to provide like for like. If you got a program with a source code, the least you can do is publish any improvements you made to it.""

      The thing is, like for like transactions are seldom optimum. A restaurant that required me to pay in food would be extremely inconvenient. The GPL, because it insists on like for like, prevents your code from being used for a lot of things it otherwise might be used for.

      If you want your code to benefit everyone as much as possible, the GPL might not be the license for you. For example, a lot of standards have to be re-implemented because existing implementations are GPL and the protocol needs to be used in a project that is not GPL-compatible. This may mean incompatibilities, and it definitely means more work and poorer quality for everyone.

      That may be worth it to you, it may be not.

      ""That's the thing I like about the GPL: it plays by the rules. We may not like the rules, but we play by them, and by playing, we show that the rules need to change.""

      I don't know what that means, but I don't think it's true. For example, the FSF has been arguing that linking creates a derivative work -- that's trying to change the rules for the worse for everyone.

    77. Re:What do the rest believe in? by trentblase · · Score: 1

      While yours is not a viewpoint without merit, I doubt it's the norm. I'd bet that most college students could not honestly express the same sentiment as you with regard to their own works, despite their apparent belief that downloading copyrighted music is moral. I am curious what kind of software you get paid to write. Is it open source? Do you think your employer would pay you as much to write the software if it was easily exploitable? Surely there are circumstances where they would. But those are not the norm. As for "there's no real reason for IP laws", you are wrong. There are many good reasons both for and against IP laws. You may believe the balance to tip in favor of a permissive regime, but to discard the arguments for the laws implies a misunderstanding of those arguments.

    78. Re:What do the rest believe in? by Erpo · · Score: 1
      I thought that was always the (almost) explicit goal of copyleft. If we can't get rid of the draconian copyright laws, then we must subvert them to impotence.

      I disagree. Perhaps getting rid of draconian copyright was the original goal of copyleft, but I think that's since changed. Here's the definition of Free software from gnu.org:

      The freedom to run the program, for any purpose (freedom 0).
      The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
      The freedom to redistribute copies so you can help your neighbor (freedom 2).
      The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.


      The problem is that if authors have no control over who copies their program and/or source code, other developers can make non-trivial and useful modifications to those programs and redistribute them in binary form only. This (from a practical standpoint) prevents downstream users from exercising freedoms 1 and 3.

      The GPL currently prevents this negative consequence by taking advantage of copyright law to limit the actions that recipients of that software may take, whereas BSD-style licenses do not prevent this. So the GPL gives less freedom to users than BSD-style licenses, even though using the GPL leads to a better result for everyone.

      Living in a world without copyright would mean giving up the benefits of the GPL, and that stings, but copyright is sufficiently messed up that it's a sacrifice worth making.
    79. Re:What do the rest believe in? by Anomolous+Cowturd · · Score: 1

      Information wants to be anthromorphised!

      In reality, once you release your code, ownership is 99/100ths of the law, but I think the whole point of the very artificial concept of copyright is to entice greedy people to release stuff in the first place.

      --
      Software patents delenda est.
    80. Re:What do the rest believe in? by Anomolous+Cowturd · · Score: 1

      s/ownership/possession/

      --
      Software patents delenda est.
    81. Re:What do the rest believe in? by Stormy+Dragon · · Score: 1

      Warren Buffet's support for taxes aren't entirely altruistic. Take his support for inheritance taxes: sounds like he's a nice guy--until you find out much of his fortune was amassed by buying up family owned businesses (at fire sale prices) that had to be sold off to pay inheritance taxes when the founder died and then taking them public.

    82. Re:What do the rest believe in? by Hognoxious · · Score: 2, Insightful

      Modify it by putting an adjective in front, for example "intellectual"? IP is a blanket term for coprights, patents and the rest. Everyone understands this and pretending it isn't so doesn't help.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    83. Re:What do the rest believe in? by lysse · · Score: 1

      The thing about guys like Buffet is... while they support higher taxation, they, themselves, donate their monies to charities to manage.

      Right, so Buffet should force the IRS to take more money than they think he owes them. How do you propose he does that, exactly?

      (Not to mention that I just love the spirit of creativity that reinterprets "rich person arguing for greater redistribution, then donating large sums to charity" as "rich person says one rule for him, another for everyone else". Are the rest of your opinions as well thought through as that one?)
    84. Re:What do the rest believe in? by StopKoolaidPoliticsT · · Score: 1

      You do realize that Buffet can directly pay the IRS all the money he wants, right? You also realize that it isn't mandatory for him to itemize and/or take any deductions at all. That would be putting his money where his mouth is instead of keeping it with the good ol' boys club with his buddy Bill.

      If he wants higher taxation, he can start by coughing up money himself instead of advocating that the rest of his tax bracket do it to paper over his own self-guilt. I'll never reach his tax bracket, so it's not like I have anything to lose personally if he wants a 90% income tax on all income over $1 million/year and/or an annual asset tax of 50% on assets totalling more than $1 billion to make sure the rich aren't stockpiling money.

      Now, if he wanted to advocate rich people giving large chunks of their fortunes to private charities instead of the government, that would be in line with his own actions. He obviously doesn't trust the government to manage his money, why should anyone else?

      --
      Stop Koolaid Politics
    85. Re:What do the rest believe in? by mOdQuArK! · · Score: 1

      I'm a CAD developer; my employer would probably regard my work as a "trade secret". (I doubt anything I've done is brilliant enough for any other competitor to copy it, but it gets the job done.)

      Without IP laws, I imagine a lot of software would be written to help someone provide services - not as a product in itself. This is a perfectly logical approach of designing better tools to do a better job. The people with the best tools will have a competitive advantage.

      As far as my statement "there's no real reason for IP laws", perhaps my opinion would be clearer if I stated it as "there's no GOOD reason for IP laws". The usual "acceptable" rationale is that IP laws encourage innovation, but this is always stated as axiomatic or just "common sense", but I have never encountered any peer-reviewed studies which show this effect. To me, it goes against common sense that a social mechanism (IP laws) specifically designed to restrict the flow of information will encourage creativity.

    86. Re:What do the rest believe in? by mOdQuArK! · · Score: 1

      What part of your response was relevant to the subject?

    87. Re:What do the rest believe in? by civilizedINTENSITY · · Score: 1

      "There's no real reason for intellectual property laws, except to perpetuate the current industry which is based on IP laws."

      I'm suggesting that intellectual property isn't property, and thus the industry "has no clothes." They are naked, pretending they are dressed in finery. The real reason for intellectual property laws, at this point, is indeed to perpetuate the scam. However, when the children point out the "king" is really "naked", it is a sign the end is near. Thus, I meant to tie your last sentence in with an interpretation of TFA.

    88. Re:What do the rest believe in? by yndrd1984 · · Score: 1
      Right, so Buffet should force the IRS to take more money than they think he owes them.

      What, you think the IRS will put up a fight?

      How do you propose he does that, exactly?

      They take checks.

      Not to mention that I just love the spirit of creativity that reinterprets "rich person arguing for greater forced redistribution through the government, then voluntarily donating large sums to private charity" as "rich person says choice for me, none for thee".

      Fixed that for you.

      Are the rest of your opinions as well thought through as that one?

      He needed to spell it out more, considering his audience.

    89. Re:What do the rest believe in? by lysse · · Score: 1

      Oh my god. I've just realised I'm arguing with a hydra...

    90. Re:What do the rest believe in? by yndrd1984 · · Score: 1
      So if I:

      Make an absurd statement
      Miss the point of the post I'm replying to
      Insult the original poster because I misunderstood what he was saying

      and several people point it out, then I should:

      Make a blasphemous religious reference
      Talk about Greek mythology

      That will magically make my absurdity irrelevant, my missing the point will vanish, and my insult will be relabeled insightful. Right?

    91. Re:What do the rest believe in? by smallpaul · · Score: 1

      The thing about guys like Buffet is... while they support higher taxation, they, themselves, donate their monies to charities to manage. They obviously don't trust the government to properly manage their own money but think that everyone else (be it in just the ultra-rich or a wider range of the population) should give their money to the government to manage for them.

      There is nothing hypocritical in it. Buffet believes (as our government apparently believes) that it is more effective to give to charity than to government. That's why charitable givings are tax deductible. If Paris Hilton or Anna Nicole Smith or Larry Birkhead wants (wanted) to avoid taxes they could also give money to charities. There is no double standard at all.

    92. Re:What do the rest believe in? by smallpaul · · Score: 1

      It's hard working middle class people trying to acquire wealth that are crushed by the jackboot of confiscatory taxation.

      Oh, I'm crushed, I'm crushed. I'm actually Canadian so I likely pay higher taxes than you. But I just had a baby and didn't pay a penny at the hospital. Neither did my employer. I'm looking forward to sending my daughter to excellent public schools in a few years. What a CRUSHING BURDEN it is to be middle class in a socialist country. OH THE PAIN!

    93. Re:What do the rest believe in? by StopKoolaidPoliticsT · · Score: 1

      There is nothing hypocritical in it. Buffet believes (as our government apparently believes) that it is more effective to give to charity than to government. That's why charitable givings are tax deductible. If Paris Hilton or Anna Nicole Smith or Larry Birkhead wants (wanted) to avoid taxes they could also give money to charities. There is no double standard at all. Then he should push for more charitable donations rather than higher taxation. Instead, he advocates the latter.

      Also note that, while there are many good charities out there, many charities exist solely for the purpose of paying staff a check. Some have as much as a 90% operating cost, giving mere pennies on the dollar donated to the cause they advocate. Others run by prominent individuals seem to exist only for promoting a positive image of the individual too. Rich guy who does dubious things to earn money starts charity to give it away. Gets large tax deductions, continues to control where all of his money goes and boosts his public image while he continues to rape society on the side.
      --
      Stop Koolaid Politics
    94. Re:What do the rest believe in? by smallpaul · · Score: 1

      Then he should push for more charitable donations rather than higher taxation. Instead, he advocates the latter.

      He pushes for more charitable donations by example. He pushes for more taxation by advocating for them. Once again, there is no hypocrisy.

      Also note that, while there are many good charities out there, many charities exist solely for the purpose of paying staff a check. Some have as much as a 90% operating cost, giving mere pennies on the dollar donated to the cause they advocate.

      So what does this have to do with the price of tea in China?

      Others run by prominent individuals seem to exist only for promoting a positive image of the individual too. Rich guy who does dubious things to earn money starts charity to give it away. Gets large tax deductions, continues to control where all of his money goes and boosts his public image while he continues to rape society on the side.

      So what does this have to do with the price of tea in China?

    95. Re:What do the rest believe in? by lysse · · Score: 1

      As you can probably tell, both from the length of time elapsed and the fact that I'm not even going to bother replying to your comment, I had already decided to discontinue this exchange - but as I was showering this morning, I realised that the underlying assumptions of the opinion you are defending here explain perfectly why the UK's Revolutionary Communist Party was able to make such a seamless, near-instantaneous transition from the perversely unfashionable neo-Stalinism of Living Marxism to the hard-right Austrian-style economic libertarianism of LM in the mid-90s, a move I've never really been able to understand myself (having more or less always been left-anarchist in leaning). Thanks for giving me that insight, however unintentionally.

  3. hah by deathtopaulw · · Score: 0, Troll

    as if there is some sort of basic right and wrong
    I download music and movies because I hope to one day witness the entire industry come crashing down... but along the way I'd still like to hear and see what's going on

    what I'm doing happens to be perfectly in the right, for me
    but then again im completely crazy

  4. Why not reduce? by Anonymous Coward · · Score: 0

    Why not reduce this to 1 in 250 when reporting?

    1. Re:Why not reduce? by Kadin2048 · · Score: 4, Informative

      Why not reduce this to 1 in 250 when reporting? Not reducing it also gives us the size of the sample; 1 in 250 with a sample size of 250 is a lot different than 1:250 with a sample of 5,000. Changing raw values into ratios is one of the things reporters are pretty terrible at, actually. I think it's better when they just leave the raw values.
      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:Why not reduce? by Anonymous Coward · · Score: 0

      I hadn't thought about it like that. You're right. But what irks me is that it often seems like "non-reduced" values has been changed from raw values to ratios, but in such a way as to seem "friendlier" to the public. I see numbers like "2 in 10" when it's very obvious that the sample was much higher than 10. It's just pointless not to say "1 in 5" in such cases. But I agree that they should just leave the numbers alone and report the raw values, or perhaps percentages instead.

    3. Re:Why not reduce? by Entropius · · Score: 1

      They should just give the mean and estimated error calculated from the Poisson distribution.

    4. Re:Why not reduce? by civilizedINTENSITY · · Score: 1

      Methinks its Gaussian, not Poisson...

    5. Re:Why not reduce? by Entropius · · Score: 2, Informative

      It's Poisson, since fundamentally you're dealing with counting statistics. In the limit of large N (as in, 5000 out of 1000000), it is very nearly Gaussian, but for small N the difference becomes important. (One way to see this is to notice that the Gaussian distribution has tails that extend to infinity on both ends, while our probability distribution has to go to zero at zero.)

  5. Sounds about right by armanox · · Score: 1, Interesting

    I go to a college that has about 800 undergrad. Like a small town, everyone knows everyone. I think we have one student that believes in "intellectual property." Most of us, being an engineering school, believe in the free flow of information. I would also like to remind everyone that intellectual property is a new concept, and had we had it years ago, we wouldn't have the works of Shakespeare and Newton.

    --
    I'm starting to think GNU is the problem with "GNU/Linux" these days.
    1. Re:Sounds about right by Anonymous Coward · · Score: 0

      Something tells me that if someone was having sex with you or our friends wife/husband/boyfriend/girlfriend that they would be upset. Why? After all nothing was taken...

    2. Re:Sounds about right by samkass · · Score: 4, Insightful

      Yes we would. (Since you didn't support your argument with any facts, I don't feel compelled to do the same.)

      Personally, I think what will happen in 10, 20, and 30 years is that these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid. Then they'll all bemoan the next generation who will be hacking copyright protection with their newfangled brain implants.

      --
      E pluribus unum
    3. Re:Sounds about right by betterunixthanunix · · Score: 1
      It's worse at my school. Of the people who think it is wrong to download music, movies, or software illegally (we are a larger school, so I can't tell how many), I have yet to meet one who actually refrains from doing it or builds their music collection from legal sources. There is also an attitude that as long as you don't get caught, it is OK (coupled with that is a delusion that there is no way to be caught unless you share the files on the public Internet, despite my warnings that the university computer center is already aware of a campus filesharing network).

      It's not that people of this generation are immoral -- nobody I know of thinks that taking a physical disc from a store is acceptable behavior -- it is that copyright infringement doesn't mean what it used to mean. I have a professor who worked for IBM when they caught a company infringing on some copyrights related to mainframe software; they were deliberately profiting from IBM's work without compensating IBM. Clearly, that is wrong, and that is what copyrights are designed to protect against, and I don't know anyone who thinks that is OK. It is different with file sharing networks, as there is neither business competition nor profit involved, and most of the people downloading music wouldn't buy so much anyway (I doubt that most could even afford that many albums). People don't view it as wrong, not because they don't have a moral compass, but because they don't view it as depriving artists or record companies of profit.

      --
      Palm trees and 8
    4. Re:Sounds about right by ThreeGigs · · Score: 1

      Remember that great idea you had, that you took to your boss, and then your boss pitched it as his own idea and got all the credit and payday for it?

      If you never had an idea like that, then IP won't mean anything to you.
      If the above has happened to you, then you know the value of IP. Without IP it cannot have been *your* idea, as you couldn't have 'owned' your own idea.

      IP is all about credit where credit is due, no more, no less.

    5. Re:Sounds about right by ComputerSlicer23 · · Score: 5, Informative

      I'd have to go look up exactly when copyright was conceptually founded (I believe someone posted in a article a couple of months ago that it has existed since the days of the Romans conceptually that puts it back into at least 1000AD or so), but it is explicitly mentioned in the U.S. Constitution. So it's been around since the late 1700's. I believe John Locke wrote about it prior to the 1780's or so. Johnson and Johnson is currently suing the American Red Cross over a trade mark registered in the 1890's. The U.S. Patent Office has been around since around the time of the founding of the United States. For instance, Abraham Lincoln was proud of the fact that he was a patent holder.

      So at least two such concepts pre-date things like Women's Sufferage, or the concept that African American's shouldn't be held as Slave's in the South in the United States. Given those dates, I'm reasonable confident there is no one alive who remembers before the three concepts of Intellectual Property existed (alright, there might be a handful alive from the trademark date I quote, but I think trademarks pre-date the early 1890's, I'm just too lazy to go find out when).

      So while you refer to them as "new"... You can only mean new in comparison to concepts like "bipedal humans that walk upright" or "humans forming civiliations and moving from hunter gather to agricultural modes of survival", and still be intellectually honest (or grossly uninformed on the concepts).

      We have the works of Shakespeare and Newton, because they eventually fell into the public domain. Now, if you want to argue that current U.S. copyright law is just stupid, I'll back you wholeheartedly. Unfortunately, as a citizen of the U.S. and the U.S. being a signer of the Berne Convention, means that Copyright Law can't be made to be sane. It could however be lowered to limits of the Berne convention, and then at least copyright would expire in 50 years after the work was published.

      Assuming that Disney isn't successful forever, Mickey Mouse and Donald Duck will fall into the public domain. The entire music catalog of the Beetle's will be in the public domain in Britain within the next 20 years (they refused to increase copyright past 50 years recently). The original works of Einstien, Dirac, Godel, Turing, Plank, Hemmingway, Authur Miller, Tennesse Williams and others should eventually fall into the public domain (contemporary notable scientists and and playwrights). Hopefully within my life time (the next 40-60 years). The works will be preserved as long as it takes to get them into the public domain. The sad part is that 99% won't be. Only the things that were recognized as great works at the time will be. Who knows, maybe Shakespeare had a truely great pupil lost to the sands of time. It'd be far easier for libraries and other archivest to preserve if they didn't have to worry about copyright being an issue. It'd be easier to stand on the sholders of giants if I could use giants who were alive during my lifetime...

      Kirby

    6. Re:Sounds about right by Adambomb · · Score: 3, Insightful

      Personally I think what will happen in 10, 20, or even 30 years is that these industries will finally be so impacted by the devaluing of distribution and production that they'll have to change business models. I also personally think that morally, copyright infringement IS a bad thing as by removing yourself from those sales completely you hurt the whole line of people involved from point "hey guys i got this idea for a song" to "hey guys, ima buy this (album|song)". Sadly this includes the talentless middlemen who provide nothing towards the finished product beyond a cool building to record it in.

      Imagine though, a world where recording studios spend their time headhunting TALENT and then marketing that talent to artists. I'm not just talking about the musicians themselves, but the mixers, the choreographers, every step in between. A company that was a firm reputed to have power content creating talent and just needed someone to insert content would always have tremendous value to humanity until art is officially dead. You can pretty much s/recording studios/movie industry/ as well.

      The problem with this is it would invert the power structure. This would put tremendous control into the hands of the actual content creators, as well as the various talented studio people. The companies would have to woo talent as being highly rated in terms of talent would be the only metric. This would create an environment where either studios have to woo potential content creators, or allow the creators to shop around. This would also create tremendous competition, with studios with price ranges for the already successful, ones who did well in their debuts, and ones who have to apply for a loan to even consider getting into he business to begin with (read: the ones who normally would have had to swallow whatever contract terms were to be had to have a significant chance of ever existing on the world stage). Granted, wealthy artists would then have a fair bit of leverage to create a new cartel that could suck, but then there ALREADY ARE artists producing completely independently.

      If a company such as this was created, was profitable, and gained serious investment backing i think the current boys club would have a bloody stroke on the spot.

      Then there are TV studios, whose current model is to have their customers pay for the privilege of having their eyes sold off wholesale for the content they offer. To boot, it's always the SAME offerings from any cable company anywhere for the most part. Hopefully the pushes for a-la-carte content will shift this current situation but who knows.

      I imagine a world where customers pay for the content they want to see, and stations shift their model to being paid to provide the best range of coverage for their local regional demographic. Skews of what is popular changes by region a fair bit, and there would be value in doing the research to find what is popular in what proportions to see how to allot ones budget on the rights from the creators.

      Sadly, I do not actually believe any of this will come to pass in a means that benefits the consumers.

      Also sadly, many see copyright infringement as the means to nudge the current top-heavy structure, but I still find most people are merely rationalizing their desire for free-as-in-beer content that isn't free. If one is truly so self-righteous about it, consume truly free content. There's only metric goat-loads of it out there.

      Too bad most people also think Good Content == { Shiny Expensive Effects , TnA , Celebrities } exclusively.

      A Merry X-Mas Rant from Lower Canuckia

      --
      Ice Cream has no bones.
    7. Re:Sounds about right by hedwards · · Score: 3, Insightful

      So you implicitly agree with the GP. The basis for the present set of IP laws is the belief that people should have to pay for creative works in perpetuity for each and every discrete use of the works.

      The belief that major corporations have the right to make a profit through IP, even if it harms the public, is not correct. The point of patents and copyrights are to promote the publics best interest by creating an incentive to create new works that benefit all. After a period, the works are then supposed to go into the public domain for use by anybody that wishes to use them.

      The reason why so many young people don't believe in IP isn't that they think that the works aren't valuable, its that they don't think that they are as valuable as the corporations are wanting them to believe. Realistically, as Lincoln said, "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers." And that's what's happened, the media outfits in particular have pushed so far to force a profit that they've actually managed to undermine their position.

      And to throw in a Star Wars quote: "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

      The media corporations largely brought this on themselves by pushing to extend their protection to beyond the average life expectancy of a person born on the day a work is created. If they wish to have people respect their rights, perhaps they should respect the rights of the public at large first. I have very little faith in them to ever do so.

    8. Re:Sounds about right by westlake · · Score: 2, Insightful
      I would also like to remind everyone that intellectual property is a new concept, and had we had it years ago, we wouldn't have the works of Shakespeare and Newton.

      It would have surprised Shakespeare to learn that his plays were not the property of his theatrical company. It would have surprised him even more to see them performed by a rival.

      You do not need to go to law when your patron is Elizabeth or James.

      Copyright gave voice to writers of lower and middle class origins. Writers who were not independently wealthy, Writers who were not tenured professors or clerics.

    9. Re:Sounds about right by Anonymous Coward · · Score: 0

      Having been in that situation, anything created on company time and with or without company equipment is owned by the company. That's the ethical thing to do (or right, moral) because you are using someone else's resources for possible personal gain. If my boss were to "steal" one of my ideas, would he get anything more than praise?

      Do I believe we should be able to "own" an idea? I think cars should fly too but others have thought of it, and if I lack the resources to implement it, then that's life (and it's not fair no matter what law we pass).

    10. Re:Sounds about right by sethawoolley · · Score: 4, Insightful

      Something tells me that if someone was having sex with you or our friends wife/husband/boyfriend/girlfriend that they would be upset.

      Why? After all nothing was taken... It shouldn't be illegal, either.
    11. Re:Sounds about right by hobo+sapiens · · Score: 1

      You are absolutely right. I am just waiting to see how many people reply to you with nonsense like "Nuh unh! You should have presented it. You just *gave* it to your boss!"

      IP can be a tool to protect one's own ideas, or it can be a cudgel to stifle innovation. It was intended to be used for the former, and today it's being used for the latter.

      This whole debate will never go away and will never be solved because nobody can enforce the law properly by addressing these issues:
      1) who owns IP? Corporations or the people who do the inventing who are also working for these corporations?
      2) should IP be used to prevent others from building on your ideas?
      3) just what exactly should be considered IP?
      4) is your "IP" really IP, or was it common knowledge or a historcal inevitability that someone come up with the idea? In other words, if your IP truly unique or were you just the first to get to the USPO?

      Should music be considered IP? Should technology, which is clearly IP, prevent others from using your ideas to build on? Should corporations be allowed to "obtain" IP and thus own it? Also, while there is overlap, what is IP and what is merely copyrighted?

      If anyone can actually answer these questions definitively, then that person could fix the whole problem. Trouble is, nobody can and nobody will.

      --
      blah blah blah
    12. Re:Sounds about right by aussie_a · · Score: 4, Insightful

      IP is all about credit where credit is due, no more, no less. In that case there's nothing immoral about downloading content from p2p networks.
    13. Re:Sounds about right by Skiboo · · Score: 4, Insightful

      Personally, I think what will happen in 10, 20, and 30 years is that these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid.

      I realise I'm in the minority here but I'm in my late twenties and have enough disposable income to regularly buy music CD's or films on DVD. Generally if I want something in particular, I download it. Either way I never pay for it if it's from the major labels or studios. To some this is reprehensible but to me the action of giving any company associated with the RIAA money is worse.

      If the artists were getting fairly compensated then maybe I would have come around. If they hadn't lobbies so hard for all these bullshit laws then I might not have these opinions today.

      As far as I'm concerned: the artists can starve. Let this entire industry crumble. I have a sneaking suspicion that people would continue making music anyway, because it's what they love. Today a band can form, play some live gigs, press their own CD's, and still turn a profit. It might not be enough to live on if they don't get really famous, but you can make enough to recover your costs and then some. For most bands signed to the labels this never happens - they are left with a debt to pay off.

      Anyhow, my original point was that hopefully the kids of today will be just as alienated by the kinds of tactics that we're seeing that they won't grow up and get with the program. A guy can dream eh?

    14. Re:Sounds about right by scruffy · · Score: 1

      If they wish to have people respect their rights, perhaps they should respect the rights of the public at large first.

      Somebody has hit the nail on the head.

    15. Re:Sounds about right by Anonymous Coward · · Score: 0

      We may note that copyright didn't exist to create perpetual media cartels that owned every piece of human creative work for the rest of time just because they had a stranglehold on distribution channels, which is what happened. To be perfectly honest, though, we don't have to care what the founders intended. They are dead, this is our country, and we can decide how to live in our own country. If they want to buy politicians and extend copyright indefinitely, then people will just ignore the laws until the cowards start jailing people for downloading media. If they start rounding up the middle class's children and throwing them in prison it's game over for them. It's the same reason there won't be a draft: politicians aren't suicidal, even when they're corrupt.

    16. Re:Sounds about right by FooAtWFU · · Score: 4, Funny

      Realistically, as Lincoln said, "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers." Funny, I don't recall him saying that one. Ah well, it's like Lincoln said, "the world will little note nor long remember what we say here".
      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    17. Re:Sounds about right by Nethemas+the+Great · · Score: 1

      Seriously? You seriously aren't comparing Britney Spears and the creators of "Dude Where's My Car?" movie fame to Shakespeare and Newton are you? Perhaps that's how we end up with http://www.verizonmath.com/

      --
      Two of my imaginary friends reproduced once ... with negative results.
    18. Re:Sounds about right by Hells · · Score: 1

      In 10,20 and 30 years those college kids might finally have enough funds so they can easily afford to not infringe. Still, IP is a pickle. On one side I agree to some extent with the industries worries. On the other hand, it seems too hard to enforce without being draconic, that the market should just let itself sort out. If the industry is really hurting, then the productions will just scale down until it turns a buck in a given market-situation. At the state of today, I still see alot of movies turning a healthy box office (I guess that the cinema-owner's cut is included, but still), easily exceeding the production-costs. In a way the industry is enforcing an artificial scarcity. Wouldn't it be great if the industry's earnings could remaing at this level, but 3 times as many people could have access to it's goods?

    19. Re:Sounds about right by |deity| · · Score: 1
      I agree, copyright was never intended to be for the benefit of authors it was to enrich the public domain.

      Copyright for the lifetime of the author + 70 years makes many works obsolete before they enter the public domain. By extending copyright congress is stealing from the public. The public/government provides protection to authors in return after a limited amount of time the work enters public domain. By extending copyright to the life of the author + 70 years everyone that was alive during the release of a given piece will be dead before it gets put in public domain. That's like entering a contract job and then having them tell you they will be glad to pay your children after you are dead.

      Here's an opinion piece I wrote about this if anyone is interested.
      Why copyright violation is not theft.

      --
      Environmentalists are their own worst enemy. ~tricklenews.com
    20. Re:Sounds about right by Daniel+Dvorkin · · Score: 1

      IP is all about credit where credit is due, no more, no less.

      If giving credit where credit is due were all that IP law required, hardly anyone would have a problem with it. But the reality is that IP law in its current form goes much, much farther than that; please don't claim that you're unaware of this.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    21. Re:Sounds about right by 2.7182 · · Score: 0

      Where is it written that
      The point of patents and copyrights are to promote the publics best interest by creating an incentive to create new works that benefit all. ??


      I think that patent law is there to protect the inventor. While "all" may benefit, this is a secondary result, sometimes.

    22. Re:Sounds about right by hedwards · · Score: 1

      I think it was in one of his private letters on the topic of the confederacy.

    23. Re:Sounds about right by pembo13 · · Score: 0, Flamebait

      Obviously someone without a job is incapable of using logic to come to a conclusion. And obviously, all college kids don't have real jobs.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    24. Re:Sounds about right by aussie_a · · Score: 1

      Despite rampant pirating of comics, somehow new models are successfully created and used. Excuse me if I don't cry into my soup for the old fuddy duddies that refuse to adapt.

    25. Re:Sounds about right by FooAtWFU · · Score: 1

      Something tells me that if someone was having sex with you or our friends wife/husband/boyfriend/girlfriend that they would be upset.

      Why? After all nothing was taken... It shouldn't be illegal, either. Maybe not, but I should certainly get to be upset about it.
      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    26. Re:Sounds about right by aussie_a · · Score: 1

      What about if I create an idea while they're supporting me but on my own time? Without being employed by them I would not be able to eat or drink, so should they own the ideas I come up with at home? Many think they should, others find it reprehensible. Regardless, the law is an ass and people are finding less and less reason to follow it.

    27. Re:Sounds about right by FatherOfONe · · Score: 0

      "Despite rampant pirating of comics, somehow new models are successfully created and used. Excuse me if I don't cry into my soup for the old fuddy duddies that refuse to adapt."

      And they did a model that was very close to what I suggested, but you use the term successful, and I would use the term barely surviving. Also, I don't expect you to cry at all but concede two facts. The first is that without funding or near zero funding the content providers will not produce content (unless we go to a socialist system, and with Hillary that is unfortunately a possibility, but that is another story) and second is that comics are in no way stolen or ever have been stolen to the degree of music and video.

      --
      The more I learn about science, the more my faith in God increases.
    28. Re:Sounds about right by znu · · Score: 3, Insightful

      So when these "kids" grow up and believe that stealing any content is "ok" and they start to steal other stuff should those companies also "find a new business model"?


      Copyright infringement isn't "stealing". One important distinction is that when something is stolen, the person or organization from which it is stolen is deprived of an object of value. When copyright infringement occurs, whoever owned the relevant intellectual property rights is not deprived of anything except possibly for potential income. And the statistics on downloading vs. legal sales (which basically show that the former doesn't do much if anything to actually decrease the latter) seem to demonstrate that the potential income in question would only rarely, in the absence of infringement, translate into actual income.

      The vast majority of people who don't believe that downloading a movie off of BitTorrent is immoral will almost certainly tell you that shoplifting is immoral. And the above-mentioned difference is a large part of the reason for that.
      --
      This space unintentionally left unblank.
    29. Re:Sounds about right by cpt+kangarooski · · Score: 4, Informative

      I'd have to go look up exactly when copyright was conceptually founded

      The first modern copyright law (as opposed to the stationers' copyright, which was a different animal) was the Statute of Anne, enacted in England in 1710. The very basic underlying principles are related to (though quite distinct from) patent law, which dates back to the Venetian Patent Ordinance of 1473. However, we do know that the very fundamental concept of patent law dates back to at least circa 215 BCE -- sort of. There was this joke about the Sybarites, who were Greek colonists who had, some centuries earlier, lived on the Italian peninsula, and who were infamous for their luxurious lifestyle. The joke was that if a chef in Sybaris invented a new recipe of merit, he could have the exclusive right to make that food for one year. This was intended to encourage chefs to create new recipes which would then ultimately be enjoyed by everyone once the period of exclusivity ended.

      but [copyright] is explicitly mentioned in the U.S. Constitution

      Well, not explicitly. The word copyright never appears; it's just an "exclusive right" granted to authors for their writings. The term 'copy right' was already known, though; in fact, Congress had used it prior to the drafting of the Constitution. But this is neither here nor there.

      The U.S. Patent Office has been around since around the time of the founding of the United States. For instance, Abraham Lincoln was proud of the fact that he was a patent holder.

      Well, no. The United States was founded in 1776, but the United States did not grant patents or have any power or means for doing so, until 1789, and even then the first US patent law wasn't enacted until 1790, effectively creating the Patent Office. Lincoln wasn't around until quite some time later.

      but I think trademarks pre-date the early 1890's, I'm just too lazy to go find out when

      Trademarks are ancient, probably dating back to before recorded history. Federal trademarks are of more recent vintage.

      We have the works of Shakespeare and Newton, because they eventually fell into the public domain.

      Actually, copyright didn't exist in Shakespeare's time, and as far as I know, Newton never sought any. More importantly, we have their works because they published them or because noble pirates pirated them, thus happening to preserve them for us.

      Now, if you want to argue that current U.S. copyright law is just stupid, I'll back you wholeheartedly. Unfortunately, as a citizen of the U.S. and the U.S. being a signer of the Berne Convention, means that Copyright Law can't be made to be sane.

      All we have to do is withdraw from Berne. The political branches can do this fairly easily if they choose. It's far from impossible, and since the one most called-for copyright reform is for terms shorter than Berne permits, I think we can anticipate withdrawal for sure. I look forward to it, as Berne is worthless.

      It'd be far easier for libraries and other archivest to preserve if they didn't have to worry about copyright being an issue.

      Again, something that is far easier if we dump Berne.

      --
      -- 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.
    30. Re:Sounds about right by cpt+kangarooski · · Score: 1

      Realistically, as Lincoln said, "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

      Lincoln? I wouldn't've thought that he was Han's type.

      --
      -- 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.
    31. Re:Sounds about right by dabraun · · Score: 3, Insightful

      Copyright infringement isn't "stealing". One important distinction is that when something is stolen, the person or organization from which it is stolen is deprived of an object of value. When copyright infringement occurs, whoever owned the relevant intellectual property rights is not deprived of anything except possibly for potential income. And the statistics on downloading vs. legal sales (which basically show that the former doesn't do much if anything to actually decrease the latter) seem to demonstrate that the potential income in question would only rarely, in the absence of infringement, translate into actual income.

      The vast majority of people who don't believe that downloading a movie off of BitTorrent is immoral will almost certainly tell you that shoplifting is immoral. And the above-mentioned difference is a large part of the reason for that.


      It's kind of scarry to see this attitude (IP = imaginary) coming from american students. Forget right and wrong for a moment and think about survival and self-interest. Apparently these students don't realize that the country they live in has no other real 'industry' anymore. We have offshored a the vast majority of production, and we are in the process of offshoring services (call centers, more to come). Sure, there will always be some level of 'physical' work needed - but it has dwindled, and our economy exists now primarily based on the concent of intellectual property - because it's the main thing we produce in this country. Without it the US economy would fall apart. Those of you not from the US may chose to dismiss this out of hand, but it is also true for many other 'first world' nations to varynig degrees. It's one thing for chinese companies to ignore intellectual property and sell iPod clones in China. If we toss out the concept of IP in the US and they can sell those clones back to the US (and other first world nations that currently respect IP) then Apple goes out of business. I'm talking about exact iPod clones made by the same plants making them for Apple, if you're truely throwing out IP let's even put the apple brand on them and the Apple phone support number while we're at it - it's not "real" property, right? The same applies to many companies whose primary creations are intellectual.
    32. Re:Sounds about right by Anonymous Coward · · Score: 0

      If you practice polyamory then it really isn't an issue.

    33. Re:Sounds about right by Duncan+Blackthorne · · Score: 1
      Personally I think what will happen in 10, 20, or even 30 years..

      News flash: they aren't going to last that long. Currently IMO the recording industry is trying to drag what's left of the broadcast radio industry down with them.

    34. Re:Sounds about right by Duncan+Blackthorne · · Score: 1

      Maybe everyone should've just stopped whining and paid the tea tax as well, eh?

    35. Re:Sounds about right by znu · · Score: 1

      I'm talking about exact iPod clones made by the same plants making them for Apple, if you're truely throwing out IP let's even put the apple brand on them and the Apple phone support number while we're at it - it's not "real" property, right? The same applies to many companies whose primary creations are intellectual.


      There are possibilities besides billing college students $10K for downloading songs (the current situation), and the complete elimination of all IP protections (what you seem to be discussing above). My impression is that very few people support eliminating protections that apply to for-profit operations, e.g. patents on industrial processes or laws that make it illegal to set up a factory turning out millions of copies of pirated movies. People primarily object to the criminalization of non-commercial copying of material for personal use.
      --
      This space unintentionally left unblank.
    36. Re:Sounds about right by falconwolf · · Score: 1

      Personally, I think what will happen in 10, 20, and 30 years is that these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid. Then they'll all bemoan the next generation who will be hacking copyright protection with their newfangled brain implants.

      More likely the current generation will be bemoaning the next because their tastes or manners aren't the same. This has been going on for a long tyme, as the link to the Socrates quote shows. There are a number of examples of this from the 20th century. People ragged on Ragtime music early on. Later people ragged on Swing Music. After these, Rock and Roll was called the devil's music.

      Falcon
    37. Re:Sounds about right by AlterTick · · Score: 5, Insightful

      Where is it written that The point of patents and copyrights are to promote the publics best interest by creating an incentive to create new works that benefit all. ?? I think that patent law is there to protect the inventor. While "all" may benefit, this is a secondary result, sometimes. You think wrong. God almighty, it's in the fucking US Constitution. Article 1, Section 8, Clause 8:

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    38. Re:Sounds about right by Jasin+Natael · · Score: 1

      Also sadly, many see copyright infringement as the means to nudge the current top-heavy structure, but I still find most people are merely rationalizing their desire for free-as-in-beer content that isn't free. If one is truly so self-righteous about it, consume truly free content. There's only metric goat-loads of it out there.

      So, let me get this straight ... There are people that want to come to the party and drink the free beer, enjoy feeling drunk, but not get nailed in the back bedroom by an abusive jerk? How dare they! Of course, they should come to your poetry reading and drink your wheat-grass mead instead.

      The above isn't intended to be inflammatory -- it's to point out that the (shiny|TnA|Celebs) that people seek out is vulgar in the dictionary sense. Not everyone seeks out free works, listens to NPR, or watches educational documentaries on television. I do all the aforementioned things, but I also like to listen to popular music, watch big-budget films, and enjoy large-budget dramas that are produced for broadcast television.

      I think the point to lament here isn't the type of content or the granularity of the distribution model. There will always be demand for the arts-and-entertainment version of a college kegger. Because a large percentage of the drunk attendees put out (that is, buy what's advertised), it's worthwhile for the host to sponsor. The tragedy is that it crowds out all the other models of production and distribution. Just remember, though, that high-quality video codecs, and nationwide DVD-mailing networks, and P2P, and RSS, and Video-Sharing sites, and a whole host of other critical enabling technologies, including broadband connections to the home, are twenty-first century technologies -- at least in practical use.

      It's too early to know what will happen, or even what the true issues of the debate will be. But you won't get rid of vulgar content, and you aren't likely to attract much attention by antagonizing it. Further, I would be aghast to rely on the demographics of my region to determine what content is available or at what price. Region lock-in is not a good solution.

      I personally look forward to a day when a show with the quality of "Firefly" or "Heroes" or "Farscape" is funded by my thirty-cent-per-episode contribution, and is delivered to my computer when the final edit for each episode is approved -- regardless of what country my credit card comes from, provided the content is legal to watch in my jurisdiction. But until then, analyse the advertising model. How many people pay a $40.00 cable bill just so they can get two of the channels, like Sci-Fi or the Cartoon Network, love one or two great shows, and then their pet show is either canceled or starved for resources because the viewers, as a group, aren't buying enough of the advertised products? On-demand is the ultimate way to get what you seek -- content created and offered at a sane rate for the audience that is interested in it. And you'll have to bring the proles along for the ride, so that the distribution model is well-developed and well-maintained.

      I, for one, am looking forward to seeing a screen with a $4.00 episode of a science documentary next to an hour-long episode of "Ow! My Nuts!" for twelve cents.

      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
    39. Re:Sounds about right by AlterTick · · Score: 1

      Something tells me that if someone was having sex with you or our friends wife/husband/boyfriend/girlfriend that they would be upset. Why? After all nothing was taken... They're upset because they (presumably) had a bond of trust and an underlying assumption of monogamy with this person, who then had consensual sex with a third party. This, of course, has fuck-all to do with someone copying information in contravention of copyright law, you moronic toad. Why doncha' come up with a nice car analogy next time?
      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    40. Re:Sounds about right by shark72 · · Score: 1

      "I would also like to remind everyone that intellectual property is a new concept, and had we had it years ago, we wouldn't have the works of Shakespeare and Newton."

      Huh? Shakespeare knew very well what intellectual property was. His work had exclusive performance rights, exclusive copyright, and the rudiments of other things that we've dealt with as a society for the following 500 years. Isaac Newton came later; by the time he was born, the Stationer's Company (which effectively ran copyright in England) had been around for some 250 years. More to the point, he lived to see the Statute of Anne come into existence.

      I know it's easy (and tempting) to imagine artists of eras past as living in a creative utopia where they weren't in it for the money, and didn't defend their rights using the laws available at the time. While there always have and always will be those precious kind souls who release their work into the public domain and want not for compensation, you've picked two particularly bad examples in Shakespeare and Newton.

      --
      Sitting in my day care, the art is decopainted.
    41. Re:Sounds about right by mOdQuArK! · · Score: 1

      Personally, I think what will happen in 10, 20, and 30 years is that these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid.

      Oh, bull. They'd get paid like every other craftsperson: by rendering services for appropriate compensation.

      "IP Providers" have a artificially-inflated idea of their own self-worth, supported by the artificially-inflated cost added by "intellectual property" laws. Get rid of those laws, let people provide goods or services in a normal market scenario, and then you'll get a proper valuation of what such services are really worth.

    42. Re:Sounds about right by Foobar+of+Borg · · Score: 1

      I think it was in one of his private letters on the topic of the confederacy.
      Actually, it is in the Gettysberg address.
    43. Re:Sounds about right by mOdQuArK! · · Score: 2, Insightful

      It would have surprised Shakespeare to learn that his plays were not the property of his theatrical company. It would have surprised him even more to see them performed by a rival.

      Ummmm...no. He might've been pissed off (perhaps gotten involved in sword fight or an act of petty revenge), but the playhouses & writers of those times copied & ripped each other off all the time - Shakespeare is well-known for the amount of stuff he ripped off from his contemporaries.

      Here and here are links which mention the copyright context in Shakespeare's time. The first link is specifically about Shakespeare & describes how he had to fight to make money from his plays, and the 2nd mentions Shakespeare briefly in the context of an argument of why copyright is a good idea (which I don't necessarily agree with), but both of them are fairly straightforward that copyright as we know it did not exist in Shakespeare's time, and that he did not depend on copyright in order to make a living.

    44. Re:Sounds about right by adolf · · Score: 1

      Should you be able to sue for a statutory $250,000.00 per fornicative act?

    45. Re:Sounds about right by servognome · · Score: 1

      Generally if I want something in particular, I download it. Either way I never pay for it if it's from the major labels or studios. To some this is reprehensible but to me the action of giving any company associated with the RIAA money is worse.
      How about not just consuming? That way you're not giving the labels money, nor are you doing something others find wrong.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    46. Re:Sounds about right by yo_tuco · · Score: 1

      "Something tells me that if someone was having sex with you... that they would be upset. Why? After all nothing was taken..."

      Oh, yes, something was taken indeed. His virginity!

    47. Re:Sounds about right by Repossessed · · Score: 1

      I wonder if it's occurred t you that when you pirate the music that the RIAA 'owns', that you help to cement their monopoly and keep the independent bands from accessing the distribution methods the corporations have locked in.

      If you want to hurt the big IP holders, the answer isn't to refuse to pay, but to go elsewhere entirely.

      --
      Liberte, Egalite, Fraternite (TM)
    48. Re:Sounds about right by Anonymous Coward · · Score: 0

      Unfortunately I doubt many are even aware of the unfairness of the situation, and specially outside the US and Canada.

      Out of my personal experience most of my friends, my parents and sister dont get it or dont care. My former fiancée just saw me a cheap guy for refusing to buy films and musics, and complaining that cinema is a rip off, having to pay for 20 minutes of publicity, and putting up with an unhygienic and a creepy environment with all that disney cartoons.

      The media also manipulates the whole situation, and so there are a lot of misinformation.

      What at least some people do agree is that the prices are inane, and they refuse to buy and copy stuff because they are feeling cheated. 40 Euros for a movie, heck, even 10 Euros for a movie is tantamount to robbery, specially with all that crap that is selling around.

      About the current quality of the "product"... For instance, the "I am legend" story has been castrated so much as to be a mix of Batman, Terminator, Resident Evil and 28 days later. It gotta nothing to do with the original. If it werent for the CGI effects that film would be a load of rubbish. And the latest Nicoles Kidmans flick, "The invasion" sucks so badly, that it is not worth even seeing it from beginning to end. And lets not get started talking about the current music quality.

      The thing is, as long the industry sticks to tried and sure formulas, known actors, current prices, and blatant customer extortion and intimidation, they are shooting themselves on the foot. Nevertheless, we are in dire need of more negative publicity and information action of customer support groups - when the only publicity about this situation is that damn brain-washing talking from the rat of ratatouille, there is something fundamentally wrong.

    49. Re:Sounds about right by wanderingknight · · Score: 1

      And they did a model that was very close to what I suggested, but you use the term successful, and I would use the term barely surviving. Excuse me while I cry for all the celebrities that are going to miss their 500 million dollars coke-snorting parties
    50. Re:Sounds about right by BlueCollarCamel · · Score: 1

      After studying Shakespeare in school... I kinda wish IP had existed!

      --
      1&1 - Cheap domain and web hosting.
    51. Re:Sounds about right by HeroreV · · Score: 1

      these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid. Most people don't have jobs that center around creating digital goods. Even if your claim was true for every single one of them, it would still be a minority.
    52. Re:Sounds about right by Artifakt · · Score: 4, Funny

      Realistically, as Lincoln said, "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

      Abe shot first!

      --
      Who is John Cabal?
    53. Re:Sounds about right by Anonymous Coward · · Score: 0

      Penny Arcade is very lucrative. They aren't competing with Jim Carey before he rode his celebrity into the ground, but so what? Do you think anyone's entitled to monopoly rights guaranteeing them USD20M+ a year? It's funny how idiots that fear "socialism" embrace IP monopolies, when they are the very opposite of free markets. Ignorant cunt.

    54. Re:Sounds about right by servognome · · Score: 2, Insightful

      On-demand is the ultimate way to get what you seek -- content created and offered at a sane rate for the audience that is interested in it.
      On-demand is the ultimate way for you to not see what you seek. People won't get the chance to discover shows, they'll just be fed more of the exact same thing. There will be no more "surprise" hits, or cult shows that grow their audience over time.
      Networks will take less chances, since under current broadcasting there are a number of eyes on a station just because of what time it is, and what show precededs or follows. On demand means the network needs the show to be a hit, before they even air it; so you'll end up with the same formulaic stuff, except there's no possibility of a groundbreaking "gem" emerging from the riff-raff. Shows like "Seinfeld" would be cancelled before it could become a hit because the money to make the next episode didn't show up.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    55. Re:Sounds about right by Anonymous Coward · · Score: 0

      No, the funny thing is that you think the U.S. can lean on intellectual property to support its economy, as if the U.S. has a monopoly on intelligence or creativity. What it had during the 20th century was vast natural resources, a ruined Europe, and the military capacity to strong-arm countries into business relationships favorable to its interests (predominately energy). It then ate its own dog food and exported its markets abroad (and large amounts of money with it) while borrowing vast amounts of money to pay for its military endeavors and subsidies. Pumping countries full of human beings with average IQs higher than the trashy euromutts that roam North America, while encouraging temporary immigration (bleeding more money into foreign countries) only to expect these countries to buy its garbage from it at Rich American Assholes prices. Americans aren't going to mount a successful "land grab" of basic ideas, it's going to be beaten down by Asia as it modernizes because the U.S. aristocracy looted the country blind and its inhabitants view incompetence and laziness as virtues. You know, like thinking you should profit indefinitely from a bit of work you did 40 years ago.

    56. Re:Sounds about right by Adambomb · · Score: 1

      Takes a while to bleed massive capital.

      --
      Ice Cream has no bones.
    57. Re:Sounds about right by Adambomb · · Score: 1

      Not everyone seeks out free works, listens to NPR, or watches educational documentaries on television Your points lost relevance with this. If you think this is the only form of free content to exist you are seriously out of touch. Enjoy your pablum.
      --
      Ice Cream has no bones.
    58. Re:Sounds about right by Adambomb · · Score: 1

      THANK you AC.

      This sense of entitlement for having creating ANYTHING is one of the biggest scourges on the current human creative scene. An artist is someone who is continually creating based on their own perspective, not someone who got in line with a single trend.

      --
      Ice Cream has no bones.
    59. Re:Sounds about right by Adambomb · · Score: 1

      Especially amazing since America's current content industry was built on the back of the concept of IGNORING patent laws of Europe prior to WWII.

      I mean, the US was stifling their innnovation...apparently...back then...but now the AMERICAN public is doing its completely immoral.

      wait what?

      --
      Ice Cream has no bones.
    60. Re:Sounds about right by Adambomb · · Score: 1

      Personally "Taxation without representation" is a weaker beef than "You bust into our countries and had to leverage control of what oil regions the british didnt already grab before the balfour days".

      freedom? whatever helps you sleep at night.

      --
      Ice Cream has no bones.
    61. Re:Sounds about right by Antique+Geekmeister · · Score: 1

      Ahem. I'm well over college age, and in fact was drinking well before the average PhD was born. I make my living writing, and dealing with, open source software. My work is usually specifically GPL published, and much of my commercially authored writing is under the Creative Commons. I get paid to write it the *first* time, and to add to that work, and do quite well because the other tools are available to me that my peers have also published with similar goals.

      So before you take this editorial piece's view that college kids don't believe in "intellectual property" at all, remember that some of us have careers that break the models of such things as propounded by "intellectual peroperty" lawyers, and even do so legally.

    62. Re:Sounds about right by p0tat03 · · Score: 2, Insightful

      To some this is reprehensible but to me the action of giving any company associated with the RIAA money is worse.

      To not use their products at all (or as little as possible) is even better, thus making you not a freeloading thief, nor a supporter of the MAFIAA. That's what I do.

    63. Re:Sounds about right by Antique+Geekmeister · · Score: 1

      Ohh, that's a separate issue. I've certainly had that happen: it's always in my contract that the company owns it, but credit within the company is vital to your career. I've also spun things this way way with my boss's cooperation, so that it looked like the idea came from him with the bureaucratic status to get it actually looked at, and we both carefully kept our mouths shut at meetings about where it really came froml. I was saving up my personal political capital for a different set of issues that needed me there to hammer out the technical requirements, and needed to spend my meeting time on that project.

      In fact, this happens all the time, especially for graduate students doing research. Learning to deal with it is an art form. Learning to read notes and attend presentations and figure out who actually did the work and knows the subject is also a skill that is not formally taught, but that is extremely useful.

    64. Re:Sounds about right by Skiboo · · Score: 2, Interesting

      How about not just consuming? That way you're not giving the labels money, nor are you doing something others find wrong.

      The trouble is that a lot of this stuff is just part of our culture. As a nerd particularly things come up as a kind of humour (overdone by shows like Family Guy IMHO) where people make obscure references to films, shows and music. That's not all there is to it of course but it's a part.

      Films like Full Metal Jacket, or Lord of the Rings. I didn't go to see it in the cinema but I did download lotr. Reading the book just doesn't cut it in this sense (of course it's better, that's not what I'm saying). I'm sorry but I just can't reconcile cutting out the studios altogether and still being friends with my friends and part of society.

      In a cultural sense the labels and studios really have us by the balls. They own our culture.

    65. Re:Sounds about right by dancingmad · · Score: 1

      Holy shit man, I don't know if that's factually correct but it sounds damn good.

      --
      "There is no time, sir, at which ties do not matter," Jeeves, (Jeeves and the Impending Doom)
    66. Re:Sounds about right by mjwx · · Score: 1

      Personally, I think what will happen in 10, 20, and 30 years is that these college kids will finally get real jobs and realize that when folks steal their stuff without compensation, they don't get paid.
      But in actual fact, in 10-20 years the privileged few will enjoy the protections afforded by Intellectual Property whist the rest will be working 40-60 hour weeks to pay the licensing fees for the technologies they use in day to day lives, just like today.
      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    67. Re:Sounds about right by mvdwege · · Score: 1

      The last time you brought this up I and others brought up counter-arguments as to why your argument might not work. You didn't deign to answer then, yet you bring up the same bullshit in another thread. How about growing a spine and adressing the arguments for a change?

      As a quick summary: Shakespeare was of humble origins, he rose to greatness despite no copyright existing, he was famous before he started attracting patronage, and he lived quite comfortably on the takings of his theatres (and some shrewd investing) alone.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    68. Re:Sounds about right by mvdwege · · Score: 1

      He in fact picked a very good example. For one, Shakespeare was succesful without needing copyright. He made his fortune on his income from the performances given by his company, and some shrewd investing. In how far an exclusive performance right was necessary to ensure the uniqueness and success of these performances is debatable, but since the Globe was a massive success despite rampant piracy of Shakespeare's works, I humbly suggest that this right was not the crucial ingredient.

      Secondly, with modern-style copyright, Shakespeare would have been sued into oblivion for his pilfering of contemporary works.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    69. Re:Sounds about right by jabuzz · · Score: 1

      You don't have to dump Berne to make it more sane, you just need to peel the rights back to what is specified in Berne. Starting at 50 years after death...

    70. Re:Sounds about right by tolomea · · Score: 1

      What sort of job do you have?

      Cause I'm in software and frankly I couldn't give a !@#$ about copyright cause every company I've ever worked for has stated in my contract that any valuable thought I have at all during the period of my employment belongs to them.

    71. Re:Sounds about right by PopeJM · · Score: 1

      It's really annoying when people make generalizations that sound like "either people pirate everything and buy nothing or people pirate nothing and buy everything." Theoretically, I could choose to buy nothing and consume nothing and there are many other permutations of that. Not to mention if someone infringes something, that does not preclude them from buying it later (not that it always happens that way.)

      I believe that there is a difference between children born in the late 70's to the 80's and those before. The younger generations have had saturated intellectual property juggernauts shoved on them constantly. They have been told they need everything they see and they need lots of it. This isn't exactly at odds with the spirit of earlier times, but it became much more intense in recent times. People born before then have a much easier time saying "I can cut entertainment, it's not that important to me." However, modern youth have a much harder time with that. They have been told that they need and want everything. So, what do companies like Disney, Sony, MGM,etc do when they have helped create something in their own interest that goes against it?

      I think the serial model might come back into play. Sir Arthur Conan Doyle (and clearly, many other writers in the past) released the Sherlock Holmes novels on a part-by-part basis and we have demolished that recently. You can't infringe what doesn't exist. A new form of that is releasing the beta version of your independent game and charging a certain amount for it less than the full price but making that key work for the final version. This has worked extremely well for Mount & Blade http://www.taleworlds.net/

      Just as a parting shot and a question I would like people to answer: Can someone tell me if there is any monetary difference to an artist when someone buys their intellectual property used or when they infringe it? The only real difference I can detect is that one is legal and the other isn't but both prevent the artist from receiving money.

    72. Re:Sounds about right by Oligonicella · · Score: 2, Interesting

      "If the artists were getting fairly compensated then maybe I would have come around."

      That sir, is a baldfaced lie. The tenor of your screed belies your verbiage. See the following:

      "As far as I'm concerned: the artists can starve."

      I just want my cookies and I want them free!

      "I have a sneaking suspicion that people would continue making music anyway, because it's what they love."

      They love eating and sleeping under roofs too, but you don't give a crap about that, only getting freebies. That love argument is only put forth by the uncreative in order to shaft the creative.

      "Today a band can form, play some live gigs, press their own CD's, and still turn a profit."

      As long as they do every damned thing on their own and don't decide to hire out any portion of the process thereby freeing themselves of drudgery and making more time available to create. Oh, and adding that cost to their product, thereby making it less free for you.

      "A guy can dream eh?"

      Of cookies, music and videos he doesn't have to pay for. I know you're lying because if you actually thought as you write, you would simply not access the talents of say Pink Floyd and rely exclusively on artists who press their own CDs. Instead, you sneak around and rip them off because you really do want their stuff, you just want it free.

    73. Re:Sounds about right by CashCarSTAR · · Score: 1

      The answer is in music, hell no, in movies mostly no.

      I haven't met anybody who bought a CD with the intention of reselling it. Most people who buy music collect it, so they want to keep it.

      Movies are a bit different. I think that the big movie chains might overbuy on rentals in order to get people into the store, and with the knowledge that they can resell their extras down the road. So this might encourage slightly larger sales, but in terms of individuals, again, I don't think that the second hand market convinces anybody to actually buy an original copy.

    74. Re:Sounds about right by Jasin+Natael · · Score: 1

      Entrepreneurialism and risk-taking aren't going to simply cease being features of markets because you're a pessimist about the market for TV shows. While it's possible that your point may have been valid 15 years ago when "Seinfeld" first aired, things are as bad as you think at some networks already.

      The network gets a plot, and orders a pilot. Then, they show the pilot to test audiences. After that, if it's popular enough to bother with, they pre-sell advertiser dollars based on which demographics it seemed to resonate with, and how many of those resonant eyeballs might be watching television for one or more tentative time slots, regardless of whether they are loyal to a competing franchise on another network. The studio purchases, based on the ad revenue, a handful of episodes, which are then shown out-of-order so that the most 'exciting' or sensational episodes can be shown first. After a subset of the first four to six episodes have aired, the bean counters step in and argue that there aren't enough people watching it, and they are concerned about renewing ad contracts at the present rate. The show is canceled.

      At least in the on-demand model, there's room for entrepreneurs to compete with each other. There is room for promotion and banner ads in the online store, free previews, downloads of pilot and early episodes, mid-season bundle pricing, and limited promotion at the beginning or end of the video file. Pundits, online and off, can review, promote, and even shill for shows, studios, actors, and directors. There is room for someone, whether an individual or a large group of people, to fund the shows they want to see. And none of this requires third-party advertisement.

      Perhaps, those with the winning stratagem will be those who air only reality TV. Or maybe the fans could have picked up the tab for Firefly, or stopped funding Battlestar Galactica at the end of Season 2. In my eyes, rewarding excellence and punishing crap are both important, and the studios have perversely aligned (or at least poorly correlated) incentives in this area. One could argue that they don't really act in their own best interests, but like politics, every cobble in the road to hell represents an expedient and logical decision.

      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
    75. Re:Sounds about right by Jasin+Natael · · Score: 1

      That's not exclusive. Just because I like to learn and get relevant information doesn't mean that I agree with NPR's views, or that all I watch is documentaries. This is an ad-hominem straw man argument.

      Perhaps I'm out of touch, but I follow the issues, and look for content. Snide comments like this one don't help me find what's good out there. If you think there is worthwhile free (gratis OR libre) content available, share it around. Thanks for the baseless insult, but if you want to drop a few links into the discussion to promote free work worth consuming, that would be thrillingly productive.

      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
    76. Re:Sounds about right by PopeJM · · Score: 1

      I was referring only to people who buy the music used not to those that resell it. The people who resell theirs have already supported the artist but the people who buy the used only . Certainly x years on down the road something may only be available in a used format and I'm not talking about this either. As you mention, movies and also games many people buy and beat in a week and then the next week they are bought used. That is usually considered by that patron as fair but they probably won't ever buy a copy that directly benefits the artist (all talk of companies compensating artists properly aside.) However, if someone downloads something, they haven't used their money yet and may choose to buy a copy supporting the artist (I'm not saying this is the best way or the most common, I just would like to hear open dialogue about the true effects of economic models and their pros and cons.)

    77. Re:Sounds about right by cpt+kangarooski · · Score: 2, Interesting

      No, Berne is insane already. We need much shorter, fixed terms of years with renewals (where the maximum possible term is still shorter than Berne). We need to narrow the scope of copyright (e.g. architectural copyright needs to go). We need strict formalities, including registration, publication, deposit, and notice. We need to broaden exceptions to copyright in order to bring it in line with the public norms that exist as to works, unless there's some case where the public norm is so odious that it cannot be left to stand (not that I'm aware of any such). We need to get rid of sections 104A and 106A.

      There is, in fact, a whole laundry list of things to do. Shorter terms is just one of them, and IMO, not even the absolute most important of them.

      But all those people who want anything less than life+50 -- such as the people who (for whatever reason) want to return to the original 14+14 term -- necessarily support withdrawal from Berne. So there really does seem to be some support for it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    78. Re:Sounds about right by Just+Some+Guy · · Score: 1

      At the end of the day though, if this business is to survive at all something will need to be done.

      That's an interesting idea: that a business (or even entire industry) has the right to survive. The only people who ever seem to find that reasonable are the people who work in dying industries.

      --
      Dewey, what part of this looks like authorities should be involved?
    79. Re:Sounds about right by nwssa · · Score: 0

      Oh, bull. They'd get paid like every other craftsperson: by rendering services for appropriate compensation. "IP Providers" have a artificially-inflated idea of their own self-worth, supported by the artificially-inflated cost added by "intellectual property" laws. Get rid of those laws, let people provide goods or services in a normal market scenario, and then you'll get a proper valuation of what such services are really worth.
      hate to burst your bubble but without those "intellectual property laws" you think are worthless/hindering we will be in for drastic changes to our lifestyle. Suddenly China and India will be able to copy-paste our designs and ship them into our country without the minimal opposition that patents provide. Who would pay $200 for an iPod when an _EXACT_ duplicate could be purchased for $50.

      We have pushed out most of our manufacturing jobs, services are soon to depart, all we have left is design. Our children will be the 1st generation in a long time to be worse off then their parents.
    80. Re:Sounds about right by raftpeople · · Score: 1

      I don't think you can accurately assess the impact of downloading without paying because there are too many variables. What if we tested it on media that people really couldn't get copies of? The demand would be higher and there would be some percentage of people that download that would probably pay, although that may or may not be offset by less exposure. Also, what if the price of the media were lowered, would some of those downloaders be converted? Without boring you, I can think of lots of different levels of optimization of all of the variables involved and I just don't think we have enough information to really know what the impact is.

      Either way, this type of argument really strikes me as the same type of argument my daughter gave me for lying about her age to get a cheaper movie ticket, it's too small of an amount to make a difference to a large nameless/faceless organization. Nobody would notice.

    81. Re:Sounds about right by raftpeople · · Score: 1

      millions of copies of pirated movies. People primarily object to the criminalization of non-commercial copying of material for personal use.
      What is the difference between 1 million people downloading a song, and a factory churning out 1 million copies? I'm no fan of the RIAA but I still have yet to see an argument that answers the above question with any kind of validity. If downloading media is just not a big deal (as in it's just an after thought) then it should be just as easy to not copy anything illegally and go without the media, yet people argue vehemently that they should be able to do it.
    82. Re:Sounds about right by csimicah · · Score: 1

      I think normally a boycott involves just giving up that company's products, rather than continuing to obtain them and just skipping the payment part. So you want Linkin Park to starve, but you're not *quite* ready to actually stop listening to them?

    83. Re:Sounds about right by servognome · · Score: 2, Interesting

      I'm sorry but I just can't reconcile cutting out the studios altogether and still being friends with my friends and part of society.
      In a cultural sense the labels and studios really have us by the balls. They own our culture.
      So you've fallen into the trap of the studios that continues their ownership of culture, as well as giving them the ability to seek greater power over the lives of people. Whether you're paying, or downloading, you're feeding the corporate monster that is taking over our culture and locking it up for a price, all so you can laugh at a few more family guy jokes.
      This is the same way Microsoft uses piracy to dominate, if everybody uses their software (legally or not) then they control the market and people don't look for real alternatives.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    84. Re:Sounds about right by wirelessbuzzers · · Score: 1

      It's kind of scarry to see this attitude (IP = imaginary) coming from american students. Forget right and wrong for a moment and think about survival and self-interest. Apparently these students don't realize that the country they live in has no other real 'industry' anymore. It could be that those college students think IP is a stupid thing to base one's economy on. Because, you know, it's imaginary.
      --
      I hereby place the above post in the public domain.
    85. Re:Sounds about right by Anonymous Coward · · Score: 0

      You make my point for me, dimwit. Perhaps the fact that patents expire is beneficial, but the fact that you can get a patent benefits the inventor. The whole point is that by protecting inventors, you encourage them.

    86. Re:Sounds about right by Anonymous Coward · · Score: 0

      We just need to make outsourcing illegal. It infringes on my right to legal gainful employment and has a large negative impact on my potential income. Bring back teriffs to balance the local markets in respect to cheaper foriegn goods and give the WTO a swift boot out the door too while we're at it.

    87. Re:Sounds about right by Alsee · · Score: 1

      Your national interest argument has convinced me....
      that we should never have eliminated slavery.

      Yes, your post was a very persuasive argument indeed.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    88. Re:Sounds about right by Alsee · · Score: 1

      Like Lincoln said, "I read it on the internet so it must be true."

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    89. Re:Sounds about right by Anomolous+Cowturd · · Score: 1

      Stealing is a loaded word when we're debating the validity of the underlying laws to begin with. It's copying, dude.

      --
      Software patents delenda est.
    90. Re:Sounds about right by Alsee · · Score: 2, Informative

      Your "Where is it written" was quite funny, but your anon reply calling AlterTick a "dimwit" was rude and plain wrong and warrants a Supreme smackdown.

      A Supreme Court smackdown to be precise, dimwit.

      Article 1, Section 8, Clause 8 establishes both patents and copyrights and it does so upon the exact same basis.
      Fox Film Corp. v Doyal, 286 U.S. 123, 127 (1932)
      The sole interest of the United States and the primary object in conferring the monopoly lie in the general benefits derived by the public from the labors of authors.

      U.S. v. Paramount Pictures, Inc. 334 U.S. 131, 158 (1948);
      Repeats the above quote verbaitim.

      Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975);
      Again repeats the above quote verbatim.

      Sony Corp. v. Universal City Studios, 464 U.S. 417, 429 (1985);
      The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather, the limited grant is a means by which an important public purpose may be achieved.

      And for the coup de grace, Feist Pub. v. Rural Telephone., 499 U.S. 340, 349 (1991)
      The primary objective of copyright is not to reward the labor of authors, but "[t]o promote the Progress of Science and useful Arts."

      Game. Set. match. Smackdown.
      Any benefit given to creators is merely a means to an end.
      Any benefit obtained by creators is purely incidental to the intended purpose of public benefit.

      I would have to Google more to quote the exact Supreme Court ruling, but the Supreme Court has explicitly stated providing a benefit to creators is an invalid and unconstitutional purpose for any patent/copyright law. A law to provide benefit to creators at the expense of the public or independent of public benefit would be unconstitutionally NULL AND VOID.

      Creators have absolutely no inherent right to obtain patents or copyrights. Patents and copyrights would not exist at all, other than the public willingly chooses to do so for their own intended benefit. All such creations original lie in the public domain, they are temporarily lifted out of the public domain by the PUBLIC's grant of patent/copyright, and the creation is required to fall back to the public domain and return to public ownership. The patent/copyright grant is only given because the public believes it is in its self interest to do so, they only continue to be granted so long as the public considers it in their self interest to continue granting them, and they only exist and only last so long as the public considers it in the public's benefit that they do so.

      While "all" may benefit, this is a secondary result

      No. It is the sole purpose. Any profit or other benefit obtained by creators does not even rank as "secondary", any profit or benefit to creators is a mere side effect.

      If we had a magic fountain spouting a limitless supply of creative works, then professional authors and inventors would be in the exact same employment boat as buggywhip makers. They would be free to engage in creation as a hobbyist if they happen to enjoy doing so, and they would be perfectly free to sell their work if someone happens to want to buy it, but they would have no entitlement to any special protection to sue anyone for anything.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    91. Re:Sounds about right by Anonymous Coward · · Score: 0

      I gave him the Supreme Smackdown, for calling you a dimwit. Chuckle. He posted it anon, so I replied to his earlier non-anon post. Just pointing you there, so you don't miss the fun.

    92. Re:Sounds about right by Alsee · · Score: 1

      No, $150k should be enough for anyone.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    93. Re:Sounds about right by Anonymous Coward · · Score: 0

      My dad is involved with a related subject, and we often hypothesize about where the market is heading, or solutions to current problems.

      Lost was a hugely expensive pilot (you look it up, not me), but not all shows have to be so expensive. A company's risk profile would depend on their ability to convert an idea to a hit. The market would be to not be limited by ABC/NBC etc, but have many companies, most likely much larger than the number of cable stations. Some would be very good at funny shows, like say Comedy Central. Comedy Central can develop a reputation for quality shows, and when they have a pilot, and its "risky" in an artistic and commercial sense, the two factors come into play. If they are excellent at capitalizing on an idea, hopefully they can get people to watch via reviews, word of mouth, etc (I understand this is a bit of a wishful thought; where would people get the reviews? would they really seek them out?). The other factor is their reputation. People will assume an automatic quality from past experience.
      Obligatory car analogy: Car companies have ideas of whats next or whats a good feature. GM and Toyota will have different abilities to turn those ideas into products, and different qualities of implementation. And people take this into account when making related purchases or judgments.

      There's also the time factor. Any current TV channel is a very different beast than a future "on demand provider." The most important distinction is time; but not in the user's desire to watch when they want. The important thing is that there are no time slots. A "provider" doesnt need to fill 24/7 with programmings while at the same time not having the limit of only 24/7. Jericho is a good example. The show was popular enough to get put back on the air. If CBS didn't have a finite amount of time slots, the decision to keep/cancel/greenlight a series would be based on a simple set of financial/business criteria: 1) is this the best use of the limited funds 2) is this good for the overall company. Now the decision is confounded with "is this also the best use of my time slots?"

    94. Re:Sounds about right by servognome · · Score: 1

      Entrepreneurialism and risk-taking aren't going to simply cease being features of markets because you're a pessimist about the market for TV shows. While it's possible that your point may have been valid 15 years ago when "Seinfeld" first aired, things are as bad as you think at some networks already.
      Entrepreneurism will still continue, but when you increase the risk on the distribution side, less risk will be taken on the content side. Right now with time slot based programming, networks need to fill the time with something. That means they are forced to take chances on shows they might not otherwise want to invest in, or keep struggling shows around until they can find something better.

      At least in the on-demand model, there's room for entrepreneurs to compete with each other. There is room for promotion and banner ads in the online store, free previews, downloads of pilot and early episodes, mid-season bundle pricing, and limited promotion at the beginning or end of the video file. Pundits, online and off, can review, promote, and even shill for shows, studios, actors, and directors. There is room for someone, whether an individual or a large group of people, to fund the shows they want to see. And none of this requires third-party advertisement.
      There's nothing to stop them from doing that now, you can create direct-to-dvd television shows. But such a model hasn't really taken off.
      The current model appeals to the "greed" of people. They are willing to watch a show if it's on, and passively consume, but most other than a small core rabid fanbase will ever actively donate to create more episodes.

      Or maybe the fans could have picked up the tab for Firefly, or stopped funding Battlestar Galactica at the end of Season 2.
      As I mentioned before such an active fanbase is small. How much did the "Enterprise" fans raise to continue? How much did "Serenity" make? Such grassroots campaigning may get you a show like Mystery Science theater, great writing with marginal production quality.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    95. Re:Sounds about right by IKILLEDTROTSKY · · Score: 1

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      Which also begs the question: if other country's don't respect our IP laws on things like code and software by gouging our citizens aren't we really giving other countrys a leg up?
    96. Re:Sounds about right by atraintocry · · Score: 1

      They have our pop culture, aka the one they manufacture for us. You still have a choice, saying otherwise is silly. There's plenty of musicians, writers, filmmakers, what-have-you out there that would ride backwards on a unicycle for you if it meant you'd check out a copy of their work. Maybe our governments have us by the balls, maybe our bosses do, but Vivendi sure don't. How I read your post is: you wanted to see FMJ, and you did that, but you didn't want to pay, so you didn't. If you feel passionate about something (like how about people who can't entertain you for free should starve) then you should be prepared to back it up with sacrifices on your own part, lest you confuse a sense of entitlement (perhaps ironically, the same sort that Disney might feel toward its aging IP) with real moral outrage.

    97. Re:Sounds about right by mOdQuArK! · · Score: 1

      So basically, you're saying that we've put ourselves in the situation where our entire way of living depends on the cooperation of the governments of other countries, who happen to have very loose ideas about "intellectual property", and who are desperate to reach our standard of living.

      When you figure out how OUR "intellectual property" laws are going to keep our economy going in the face of countries who don't give more than lip service to them, be sure to get your Ph.D. in economics.

    98. Re:Sounds about right by FredMenace · · Score: 1

      I think that in 30 years, today's college students will still have the even greater insight that if you give people something really cool that they like and want, people will almost THROW money at you (and they'll tell all their friends, too). If you create products that people don't want, or worse yet PO your customers, people will do anything to avoid giving you money (and they'll tell all their friends...)

    99. Re:Sounds about right by Anonymous Coward · · Score: 0

      It's kind of scarry to see this attitude (IP = imaginary) coming from american students. Forget right and wrong for a moment and think about survival and self-interest. Apparently these students don't realize that the country they live in has no other real 'industry' anymore. We have offshored a the vast majority of production, and we are in the process of offshoring services (call centers, more to come). Sure, there will always be some level of 'physical' work needed - but it has dwindled, and our economy exists now primarily based on the concent of intellectual property - because it's the main thing we produce in this country. Without it the US economy would fall apart. Those of you not from the US may chose to dismiss this out of hand, but it is also true for many other 'first world' nations to varynig degrees. It's one thing for chinese companies to ignore intellectual property and sell iPod clones in China. If we toss out the concept of IP in the US and they can sell those clones back to the US (and other first world nations that currently respect IP) then Apple goes out of business. I'm talking about exact iPod clones made by the same plants making them for Apple, if you're truely throwing out IP let's even put the apple brand on them and the Apple phone support number while we're at it - it's not "real" property, right? The same applies to many companies whose primary creations are intellectual.

      It may be scary, but it is the very companies who stand to lose most from this attitude who are to blame for promoting it. Most people think it is entirely reasonable to copy their legally purchased CD to their iPod, and yet the media companies have repeatedly argued that this is illegal. It is certainly illegal to copy a DVD onto an iPod, which is entirely due to laws written by media company lawyers, yet most people would also say this is reasonable behaviour. Given that the law makes criminals out of a significant proportion of the population just for doing things most people don't have a problem with, it is hardly a surprise that the population do not respect the law! If the media companies want us to respect their copyrights, perhaps they should stop trying to prevent us from doing what a majority of the population feels is entirely reasonable with their legally purchased products.

      If the media companies want to avoid producing an entire generation who have little to no respect for copyrights, then they need to lay off the legislation. There are some things we want to do with your products, such as watch them when is convenient for us. If you are going to purchase laws that criminalise behaviour we find to be acceptable, then we are going to ignore your laws. If I face a similar penalty for downloading a film as I do for buying it on DVD then ripping it to my iPod, why they hell should I pay for it? In fact, I may actively avoid paying for it, just to try and get rid of you.

      The more they tighten their (legislative) grip, the more our minds slip through their fingers.

  6. Interesting question of sociology and morality by StrategicIrony · · Score: 5, Interesting

    If *everyone* believes that something is not wrong..... doesn't that sorta necessarily make it so? I mean the end-result of that assumption being prevalent in the vast majority of people is the death of the record and movie industry. Movies and music won't go away. They will become controlled and disseminated by other means. Perhaps bands never do studio recordings of some tracks and charge a lot for live shows to make money. Perhaps the era of "big money" bands and movies is done with. Frankly, with computer technology, a skilled hobbiest can reproduce studio quality recordings if given good musicans. A skilled hobbiest can make compelling movies.... seemingly perhaps better than Hollywood studios. So what are we left with? Music and movies are better and cheaper and not controlled by monopoly conglomerates. uhm... Yay! SI

    1. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 0, Insightful

      If everybody believes the world is flat, is it?

    2. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 0

      If *everyone* believes that something is not wrong..... doesn't that sorta necessarily make it so? We need a new moderation category... godwinbait.
    3. Re:Interesting question of sociology and morality by rothic · · Score: 5, Insightful

      If everybody believes the world is flat, is it?

      Of course not, but that's not a completely arbitrary human concept which only exists for as long as it's supported by the population composing the society from which the concept arises.

    4. Re:Interesting question of sociology and morality by stewbacca · · Score: 2, Insightful

      If *everyone* believes that something is not wrong..... doesn't that sorta necessarily make it so?
      Un, no. That makes a lot of people wrong.
    5. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 1, Interesting

      If *everyone* believes that something is not wrong..... doesn't that sorta necessarily make it so?

      No, it doesn't necessarily make it anything. If everybody believes stoning adulterers is morally right, does that make it morally right? What about enslaving people of other races, or sending ethnic minorities to death camps?

      Frankly, with computer technology, a skilled hobbiest can reproduce studio quality recordings if given good musicans. A skilled hobbiest can make compelling movies.... seemingly perhaps better than Hollywood studios. So what are we left with? Music and movies are better and cheaper and not controlled by monopoly conglomerates.

      You seriously think that hobbyists will, on average, be anywhere as good as pros at music and movie production?

      For the sake of argument, let's assume that it is actually true. Do you seriously think that larger production budgets will not increase the quality and value of a production in the aggregate?

      Now, to be even more charitable, let's assume that larger budgets don't increase the value of productions. Do you seriously think that services that selectively evaluate and promote the highest-quality productions available don't help buyers find music that they like better than they what the could have found otherwise?

      Tossing out the copyright system will mean that there will be little to no incentive to finance costlier productions. People with superior skills at producing movies and music will find it harder to get paid a premium for their services. Customers will be flooded with tons of crap music and movies made by incompetents in their living room, because nobody can get paid to sift through the crap and find the gems.

    6. Re:Interesting question of sociology and morality by Amiga+Trombone · · Score: 2, Interesting

      25 years from now, probably more than a few of those college students will have created something profitable that will be subject to IP laws. I guarantee, at that point their perspectives on the matter will change.

      College students also tend to be partial to socialism, too - until they start earning a living and take a look at the taxes deducted from their paychecks. Same principle applies....

    7. Re:Interesting question of sociology and morality by SanityInAnarchy · · Score: 1

      If everybody believes stoning adulterers is morally right, does that make it morally right?

      Obviously, the people about to get stoned wouldn't agree with that.

      What about enslaving people of other races, or sending ethnic minorities to death camps?

      Your sibling post suggested a new moderation: "Godwinbait". I like it.

      But in this case, it's flawed. Obviously, an ethnic minority is still going to be a ton of people who don't think it's morally right, thus "everyone" no longer applies.

      One more thing: I don't actually believe in absolute right or wrong. For instance, I absolutely believe that rape is wrong. And I absolutely believe that this is arbitrary.

      You seriously think that hobbyists will, on average, be anywhere as good as pros at music and movie production?

      Looking up, it looks like GP apparently did. Oh well.

      Because they're assuming that the pros couldn't exist in a post-copyright world. Certainly, music can often be better done by people who simply tour.

      As for movies, while I don't think it will be completely taken over by "hobbyists" -- or by Blair Witch and Clerks -- I do think studios will find less expensive ways to make movies.

      --
      Don't thank God, thank a doctor!
    8. Re:Interesting question of sociology and morality by aussie_a · · Score: 1

      You seriously think that hobbyists will, on average, be anywhere as good as pros at music and movie production? Do you think the cost of supporting the pros is worth it?
    9. Re:Interesting question of sociology and morality by Andrew+Cady · · Score: 1

      College students also tend to be partial to socialism, too - until they start earning a living and take a look at the taxes deducted from their paychecks. Same principle applies.... Taxes on wages have very little to do with socialism. Those who do not own businesses, but work for them, have very little reason to oppose taxes on owning businesses which redistribute that ownership to their workers. That is the vast majority of people. In the USA, the closest thing to "socialism" is redistribution of wealth among workers which is not at all what people who call themselves "socialists" are concerned with.
    10. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 0

      If everybody believes the world is flat, is it? The world *IS* flat, you insensitive clod!
    11. Re:Interesting question of sociology and morality by servognome · · Score: 1

      Of course not, but that's not a completely arbitrary human concept which only exists for as long as it's supported by the population composing the society from which the concept arises.
      How about racism?
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    12. Re:Interesting question of sociology and morality by Baki · · Score: 1

      Who then does define what is right or wrong? Is there a natural law that mandates IP, does God mandate IP?

      No no no, in the end it is the people. Something that more than 50% of the people, even after careful consideration, consider to be not wrong, by definition cannot be wrong except if you believe in higher powers.

      Of course, anyone may keep his personal conviction and try to convince others. That is what politics should be: the majority defines right and wrong and the laws, and minorities try to become majorities by debate.

    13. Re:Interesting question of sociology and morality by Deb-fanboy · · Score: 1

      If *everyone* believes that something is not wrong..... doesn't that sorta necessarily make it so?
      That has hit the nail on the head. Another piece missing from TFA is that from the people that I know, and I travel around a lot, you are hard pushed to find many people under the age of 50 years who believe that downloading and burning a movie is morally wrong. Even a couple of years ago I would not be able to say that, but now we live in a world where people appreciate the convenience of being able to easily find that movie. Of course you cannot easily find material from official sites so I don't know of anyone who downloads from an official site.

      I would say that the only hope for the media companies is to provide cheap fast convenient downloads without DRM, or they are not going to get the download business.

    14. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 0

      Of course not, but that's not a completely arbitrary human concept which only exists for as long as it's supported by the population composing the society from which the concept arises.
      How about racism? once upon a time people thought there was nothing wrong with racism, but today most people think it's a terrible thing.
      :s/racism/copyright/
    15. Re:Interesting question of sociology and morality by stewbacca · · Score: 1
      Your thought processes is dangerous. Just because 50.1% of the populace believes something to be true, doesn't make it so. Wow. Just wow wow wow. There are absolute truths in the world, regardless of what a bunch of flawed humans think. With your mentality, there would be no minorities to "try to become majorities by debate" because you'd either, a) imprison them all, or b) deport them.

      Have you ever thought for one second that maybe anyone in the minority of any issue doesn't mind being the minority, and doesn't care to be in the majority? I'll give you an example. I'm a Mac user, and could care less if Apple ever gets over 5% market share. Otherwise, I'd be hanging out with a bunch of Windows using Sheeple.

      Also, not everyone wants to use their personal convictions to convince others. Your egocentric p.o.v. is very flawed and not everyone thinks like you. Even if 50.1% of the people did think like you, it still doesn't make you right.

    16. Re:Interesting question of sociology and morality by Estanislao+Mart�nez · · Score: 1

      Do you think the cost of supporting the pros is worth it?

      Don't you think we ought to let the market decide that? Copyright is about creating a market where one could not exist otherwise, remember.

    17. Re:Interesting question of sociology and morality by novakyu · · Score: 1
      But of course, this isn't 50.1% exercising its tyrannical power over 49.9%.

      This is about 99.6% (in a particular, very narrow demographic, but assuming they don't change their mind, this is the demographic that will be the engines of the society 10, 20, 30 years from now) believing that a particular act is not morally wrong and being punished by a very small minority of special interests.

      If 99.6% of the population believes that one should be able to ride public transportation options without paying (and if this were really the case, the public will find a way to keep those running), would you still support, for the sake of 0.4% (or far fewer) that insist that everyone pay $2 for each bus ride, that public transportation be expensive, with violators being fined $200,000 (or $10,000 for each infringement)?

      Your egocentric p.o.v. is very flawed and not everyone thinks like you. Even if 50.1% of the people did think like you, it still doesn't make you right. I must say your criticism applies right back at ya. Yes, on matters of different kinds, the fact that a majority (yes, even 50.1%) believes in a way doesn't make it right. But on a matters of social issues and ethics, where the society itself defines right and wrong, a majority (usually more like 66%, since many such resolutions require 2/3 majority, for the simple reason (as you rightly point out) a slim majority should not be able to exercise tyrannical powers over a slim minority) does make something right.
    18. Re:Interesting question of sociology and morality by Thagg · · Score: 1

      Music...maybe. Movies, no.

      To make a competitive movie today, it just costs a lot of money, mostly because the standards of the movie-going population are higher than they have been.

      Maybe not $100M, but at least $10M, which is not money that you are going to find under the seat cushions. Where is that money going to come from, if not from sales of movie tickets, DVDs, or paid-for downloads?

      My prediction is that if the trajectory of movie copying/stealing/downloading/piracy/whatever follows that of the music business over the next few years (and it probably will), you will find that movies will be funded primarily through product placement -- and that product sponsorship will inevitably affect the content of the movie.

      [disclaimer -- I am in the movie business, but just on the technical/creative side, not the financial side]

      --
      I love Mondays. On a Monday, anything is possible.
    19. Re:Interesting question of sociology and morality by stewbacca · · Score: 1

      Believing in "majority rules" is one of the most fallacious arguments persistent in modern societies. In the US, at least, we aren't governed by "majority rules". The consitution doesn't protect the majority, nor does he with the most votes win elections.

    20. Re:Interesting question of sociology and morality by aussie_a · · Score: 1

      The market can't decide anything when a monopoly has been granted to one person or company.

    21. Re:Interesting question of sociology and morality by Anonymous Coward · · Score: 0

      I'm a Mac user
      I don't see how you being a homosexual factors into this discussion.

      I kid. I kid.
      I do see how majority rule and changing attitudes towards homosexually factor into the discussion.

    22. Re:Interesting question of sociology and morality by Estanislao+Mart�nez · · Score: 1

      Well, nobody's been given a monopoly on music or movie production. You can, in principle, record any original music or movies you make, and sell copies for whatever amount you agree to.

    23. Re:Interesting question of sociology and morality by DM9290 · · Score: 1

      "If everybody believes the world is flat, is it?"

      No. But intellectual property is not a fact.

      Its been some 300 years since people generally confused facts about the physical world with facts about morality, rights, laws or agreements. Welcome to the 21 century.

      Property merely defines a social relationship between human beings, which exists by agreement between us and and exist only in those agreements between us. The earth doesn't get its shape from an agreement, but rather from the physical properties of the natural universe.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    24. Re:Interesting question of sociology and morality by novakyu · · Score: 1

      However, he with 99.6% of the votes, or 66% of the votes, or even (probably) 55% of the votes do not lose the election. Generally. (In the electoral college system, you could work out what the *theoretical* proportion of votes one candidate receive and still lose the election is ... but I'll bet that's below 90% of the votes. Not to mention that such outcome is just highly unlikely.)

      When there is such a discrepancy between what a large majority (and I don't mean 50.1%. I mean something close to 70%. Something close to Bush's approval rating right after 9/11) believes should not be a crime and what law says is a crime, it's a pretty good sign that the law should be changed.

      Oh, and let me just say ... constitution isn't supposed to protect powerful special interests either. In fact, if you read the section of constitution granting Congress the power to create copyright laws, it states for what purpose it is (the benefit of the public), and it states that it must be for a limited term. I won't repeat here what others have argued much more eloquently (e.g. find Lawrence Lessig's article about the Supreme Court case regarding Sony Bono copyright law, or his "Free Culture" movement; alternatively, Richard Stallman's views on copyright), but the current copyright laws are the most draconian laws we have ever had in history and, to common sense, although not to the Supreme Court, downright unconstitutional.

    25. Re:Interesting question of sociology and morality by novakyu · · Score: 1

      (In the electoral college system, you could work out what the *theoretical* proportion of votes one candidate receive and still lose the election is ... but I'll bet that's below 90% of the votes. Not to mention that such outcome is just highly unlikely.) Let me just correct myself here. I just realized that if you assume that the winner won each of his state (and he only needs 26 of them) with a single voter (that's right---out of everyone that lives in the state, only one person voted; I don't know of any "quorum" that needs to be satisfied in a general election ... on the other hand, I suppose there might be some rules so that every voter district needs at least one vote (which means the winner needs same number of votes as ... oh, what makes the majority in the House?)), then the loser could win 99.999% of the votes and still lose.

      If anyone's actually going to do the calculation that reflects reality in any sense, you would either have to assume that everyone in the state votes, or that the state's last voter turnout rate holds for this hypothetical election. Or something.
    26. Re:Interesting question of sociology and morality by novakyu · · Score: 1

      Not when you are forced to reinvent the wheel from scratch. If you are making a movie yourself (and can't pay royalties or ... find copyright owners), you can't include any music created 1927 and onwards. You couldn't include any clips created 1927 and onwards. You couldn't include any images created 1927 and onwards. Everything must be completely original, and better than other movies (made by media conglomerates that own all those copyrights, and can make derivative works off of those and have done so for last century) made with much bigger budgets.

      Don't you think that's a rather large barrier to entry (one of requirements of monopoly)? What do you think supports that barrier?

      Don't forget---copyright used to be only 20, 30 years. That's what it should have been---for book publishing industries. For all the newer media, it should have been dramatically shorter.

      This is the basis of Lawrence Lessig's Free Culture movement. Our draconian laws are stifling people's creativity (and probably market competition).

    27. Re:Interesting question of sociology and morality by novakyu · · Score: 2, Interesting

      College students also tend to be partial to socialism, too - until they start earning a living and take a look at the taxes deducted from their paychecks. Same principle applies.... While there is something to be said about anecdotal evidences, while I was a college student (and will be again soon), I worked part time all 4 years (and have known many friends who held a job at most times). I did see my paycheck and saw all the taxes deducted (and, yes, I earned enough that I'd have to pay several hundred in taxes each year). I still think taxes do enough good work that I will support them.

      In fact, at the higher tax bracket, I don't think they are taxing enough. I think they should tax to the equilibrium (... where high wage-earners would be just at the verge of not bothering to make that extra dollar knowing how much tax they'll have to pay on it). And given than fewer than 5% of Americans earn more than $100,000, I'll bet that will be the stance that a huge majority takes, even following your reasoning.

      In fact, given that most people have more to benefit from using other people's creations freely (in both senses of the word) than they do from gouging others for their own creation, even after these college kids have created some imaginary properties to protect, a huge majority will still believe (after all, they are better educated on these issues than today's old people) what they apparently believe now.
    28. Re:Interesting question of sociology and morality by Estanislao+Mart�nez · · Score: 1

      So you have an argument for shortening copyright terms. Sure, there are reasonable arguments to be made about that.

      The problem is that this subthread started out as a criticism of the idea of tossing out copyrights completely. If somebody tells you that tossing out copyrights is bad for reason X, and you answer that copyright terms are too long, your answer is kind of topically irrelevant, isn't it?

    29. Re:Interesting question of sociology and morality by novakyu · · Score: 1

      Well, not exactly.

      Because shortening the term (and this had better be retroactive, just as well!) will reduce the amount of copyrighted work. This, using my out-of-my-arse calculation, will reduce the amount of copyrighted work to 95% of what it is now at conservative estimate (here's how I figure---the "reasonable" length that many people seem to propose is 5 years, so I choose that as maximum; assuming the author didn't die at the moment of publication, most copyright will have lasted around 100 years; ignoring that there's probably more work created in last couple decades (music, movies, books, everything!) in comparison to any other time period, I get that 5%).

      This is a practical abolition of copyright, at least compared to today's draconian standards. If you can't stomach the idea of copyright abolition, you are not going to be able to stomach the idea of copyright reduction.

      No more than I can stomach the idea of author's life + 75 years ... because I personally think perpetual copyright is as immoral as slavery.

    30. Re:Interesting question of sociology and morality by stewbacca · · Score: 1
      All excellent points, and I don't really disagree with you on the details. The general attitude of "Majority Rules", however, is dangerous and leads to homogenous societies and dictatorial rule (after a while). In other words, it is perfectly healthy for the 5% to have a voice and influence when it comes to public policy. Of course, society shouldn't sway 95% in favor of the 5%'s voice, but the 66% majority also shan't dictate what happens to the 5% either (who the hell uses shan't anymore?).

      I don't really understand WHO makes all the rules, although I'd argue that motivated cliques of society push their agendas on the rest of us (such as church, Big Business, the Open Source Movement, fill-in-the-blank). Unfortunately, the average Ma and Pa Majority Rules Crowd seems to get their way, and our country flounders around in mediocrity. The rest of the world notices too.

      I was once interested in becoming a copyright attorney because of my interests in both music (part-time professional) and multimedia design, but lost interest due to all the freeloaders out there trying to revolutionize the industry by, well, taking and not paying. The laws may be draconian, but that's only because of the MPAA and the RIAA's overzealous litigious approach to enforcing existing (and I'll agree outdated) laws.

      Now that I'm done rambling, I've totally forgotten which thread this is a part of (the wireless access on planes?) so I'll be off now.

    31. Re:Interesting question of sociology and morality by atraintocry · · Score: 1

      Sure you can make a movie on your MacBook, but you can't yet make someone who'll watch it :) The hardest part really is just trying to reach people. It can be damn near impossible, actually. Unfortunately, the big studios and labels will have the edge here for as long as the general buying public allow them to.

    32. Re:Interesting question of sociology and morality by Estanislao+Mart�nez · · Score: 1

      This is a practical abolition of copyright, at least compared to today's draconian standards. If you can't stomach the idea of copyright abolition, you are not going to be able to stomach the idea of copyright reduction.

      I actually disagree on both points. Copyright abolition removes a very important incentive for making new works, since without copyright, you can't reliably get paid for new works. Excessively long copyright terms also remove an incentive for producing new works, since you can just keep getting paid for the same works for much too long.

      Short copyright terms provide an incentive for making new works, but also demand that new ones be produced if any income stream is to come from licensing. Whether 5 years is a good number I don't know; my first reaction is "too short," but my mind is nowhere near made up on this.

      The point that's important from my point of view is that the low cost of producing copies of an original work means that there is value for the government to intervene to create a market where one couldn't otherwise exist. This is exactly why we got copyright in the first place--without copyright, it's irrational for me to spend $20,000 producing your wonderful music album if any schmoe can just copy it for free afterwards. Without the $20,000, you very likely won't be able to make as good an album as you could've otherwise made--you know, good enough that people would be willing to pay for it if they couldn't get it for free.

      The original poster in this thread, in effect, is arguing that music production costs today are so cheap that hobbyists will produce music as good as anybody else using equipment they would buy anyway as part of their hobby, and therefore, there is no need for a copyright regime to promote capital investments in music production. I certainly disagree with that.

    33. Re:Interesting question of sociology and morality by novakyu · · Score: 1

      I actually disagree on both points. Copyright abolition removes a very important incentive for making new works, since without copyright, you can't reliably get paid for new works. Excessively long copyright terms also remove an incentive for producing new works, since you can just keep getting paid for the same works for much too long. In some fields (as I see it, novel-writing and such), you are absolutely right. However, for most everything else, there is such a thing as "work for hire". Despite the irony in using a concept in copyright law to argue for copyright abolition, here is a widely-applied case where the actual author doesn't own copyright to his work---his employer does, and the author is instead guaranteed a salary (or whatever was specified in the contract). Even if there were no such thing as copyright, if there is true value in what these people create (like software, articles, etc.), there will be some to hire them to make those stuff, so that they don't instead go and become waiters at restaurants.

      Of course, this just shifts the economic burden onto the companies, but I think a good argument can be made, at least in software, that copyleft and free software have already proven that copyright is not necessary to sustain the market. There are numerous free software companies that are, more or less, selling support contracts, not software (since their customers generally can choose to download the software gratis elsewhere). In case of music, well, perhaps musicians shouldn't be paid for what they record once and sell million times? Perhaps they should only be paid for live performances---I also see this as curing many of the society's ills with its obsession over millionaire stars and so on.

      Copyright is not an absolute necessity to maintain a market in many fields where they are being applied now. And even if it were, perhaps in those fields, we would be better left with hobbyists, who have no monetary incentives, and not professionals? If you want a bad, perhaps misapplied analogy, consider that the venerable Founding Fathers were amateur politicians (they were plantation owners or got their wealth elsewhere---politics was more of a hobby). Current deplorable political state of affairs is maintained by career, professional politicians. Who governed the country better?
  7. What will happen then? by fred911 · · Score: 1

    Corporations will have to figure out other streams of income.

    --
    09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:What will happen then? by peipas · · Score: 4, Informative

      Stricter enforcement, of course. A professor at the University of Utah law college describes how everybody infringes. It's a veritable goldmine!

      The good stuff starts at the bottom of page 7 of the PDF.

    2. Re:What will happen then? by Daltin · · Score: 1

      Scratch that. The RIAA will have to, as music labels aren't losing money anyways, considering a pirate always would have pirated and never paid.

  8. The misinformation campaign has already begun! by garcia · · Score: 4, Insightful

    While copying media goes way back (remember the DAT tax or the fear that cassettes or VCRs would end the world?) before college students of today, the media conglomerates campaign against this type of crap is only really starting. With the RIAA making up its own commercials, getting laws passed by paying off lawmakers and adding so many fucking anti-infringement notices to their media that I burn DVDs just to rid myself of them.

    In 30 years we might not see what we would expect. The RIAA and MPAA has deeper pockets than the nerd crowd and they have a lot more to lose.

    No one here, or really anywhere else, could believe the RIAA would win that fucking case in Duluth and yet they did. For whatever reason there are still people out there that can be easily swayed by the bullshit that is strewn from the mouths of those douchebags.

    I fear the worst. Support those artists that support freedom of music and media before your money is used against people just like you.

    1. Re:The misinformation campaign has already begun! by Omnifarious · · Score: 4, Insightful

      The case in Duluth was lost by an incompetent defense that tried to pull the wool over the jury's eyes. The jury saw through it and punished them for it.

    2. Re:The misinformation campaign has already begun! by Chandon+Seldon · · Score: 4, Insightful

      The RIAA and MPAA has deeper pockets than the nerd crowd and they have a lot more to lose.

      Exactly wrong. The RIAA and MPAA are trivially small compared to the set of people and companies that can benefit from cultural freedom. As an example, consider just the electronics manufacturers that sell devices that are used to share. And as for "a lot more to lose", the group that stands to lose the most here is humanity itself if the absurd idea manages to persist that culture can be owned and people can be excluded from it so some few can make a few more dollars.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:The misinformation campaign has already begun! by Anonymous Coward · · Score: 0

      you're talking about a country where when people feel marginalized they feel entitled, or perhaps obligated, to shoot the oppressors and nourish the tree of liberty with the blood of tyrants. Right now the conglomerates are bleeding green. Should the survive the coming decades without reinvention, and should your political vision come to pass the lesson is going to be painted in quite another color.

    4. Re:The misinformation campaign has already begun! by elixin77 · · Score: 1

      I'm sorry, but I'm not going to believe it's wrong until 1) I see the RIAA and the MPAA back down off their soap box and stop their useless court procedings, 2) lower the price of said CDs and DVDs, and 3) stop lobbying congress to help them get more money. Until they change at least those methods, then I'm fairly sure that there will be more people who follow the same thought.

    5. Re:The misinformation campaign has already begun! by Frozen+Void · · Score: 1

      Deeper pockets don't mean jack shit.
      How much billions US spends in iraq?

    6. Re:The misinformation campaign has already begun! by Damocles+the+Elder · · Score: 1

      In 30 years we might not see what we would expect. The RIAA and MPAA has deeper pockets than the nerd crowd and they have a lot more to lose.

      It doesn't matter how deep the nerd crowd's pockets are, that's the point. People aren't paying for movies and music. When new forms of DRM come out, hackers aren't charging the nerd crowd for workarounds. The only way this ends is when the laws and/or DRM start becoming so restrictive that every Joe, not just the niche geek crowd on /., says "Alright, enough", or the RIAA runs out of money with which to bribe the lawmakers.
      Needless to say, this is going to go on for a long time to come.
    7. Re:The misinformation campaign has already begun! by Anonymous Coward · · Score: 0

      may i suggest starting with psychostick?
      http://myspace.com/psychostick

      band's thoughts on labels, etc
      http://www.psychostick.com/forums/showthread.php?t=13785

    8. Re:The misinformation campaign has already begun! by rishistar · · Score: 1

      the group that stands to lose the most here is humanity itself if the absurd idea manages to persist that culture can be owned and people can be excluded from it so some few can make a few more dollars.

      But thats the American Dream!

      --
      Professor Karmadillo Songs of Science
    9. Re:The misinformation campaign has already begun! by jez9999 · · Score: 1

      But those billions were quite effective. Didn't they manage to kill 800,000 people or something?

    10. Re:The misinformation campaign has already begun! by RobBebop · · Score: 1

      Support those artists that support freedom of music and media before your money is used against people just like you.

      And the corollary, don't support artists with contracts with RIAA member companies! Or at least try not, too. With the radio being a main stream of music, it is hard to completely ignore them... but request that free music that you like gets played on the radio and that might change!

      --
      Support the 30 Hour Work Week!!!
    11. Re:The misinformation campaign has already begun! by Frozen+Void · · Score: 1

      That like if you build something,you brag about how many passerbys you killed with bricks thrown from top of the building site and not finishing anything.

    12. Re:The misinformation campaign has already begun! by squiggleslash · · Score: 1

      No one here, or really anywhere else, could believe the (music industry) would win that fucking case in Duluth and yet they did.

      Speak for yourself. I certainly did. The case wasn't criminal, and the balance of probabilities was that the alleged copyright violations had happened. And it wasn't exactly a "51% chance she did it" type balance of probabilities either.

      Many people on Slashdot think that if something can be described as fair use, then describing something else entirely different in the same terms makes it fair use too. For example, the fact that it's ok to have MP3s ripped from your CD collection on your hard drive for your own listening pleasure does not mean that any set of circumstances in which you have MP3s on your hard drive is A-ok. The only reason people like New York Country Lawyer are able to get a few judges to treat "Making available" the same thing as "Happening to have MP3s on your hard drive that are probably for you to listen to" is because this is technologically unfamiliar territory for judges - in other words, judicial ignorance is favoring the P2P copyright infringers at the moment despite the belief by many it's the other way around.

      If you understand how draconian copyright law is (and sometimes that draconian aspect is legitimate), then you'll understand why P2P piracy is, ultimately, going to get nailed by the judicial system. Some temporary setbacks for the music industry as happened this year shouldn't be seen as a trend, because if you do you'll surely find a whole bunch of decisions you'll find hard to believe coming up.

      --
      You are not alone. This is not normal. None of this is normal.
  9. Simple. by Adambomb · · Score: 1

    What will happen then? They'll have to stop manufacturing buggy whips and find a way to make money from promoting and an eye for talent again as their primary function.

    Or die. Horribly.
    --
    Ice Cream has no bones.
    1. Re:Simple. by westlake · · Score: 1
      They'll have to stop manufacturing buggy whips and find a way to make money from promoting and an eye for talent again as their primary function.

      That explains perfectly why I see 500 seeds for High School Musical 2.

    2. Re:Simple. by YU5333021 · · Score: 1

      it's already happening. In case of recording artists, a new standard contract by the RIAA member publishing companies is an all encompassing one. It is not a simple record deal anymore, but rather an all inclusive managerial deal where the record company also plays the part of full band management including promotion of merchandise and live performances. They, of course, get a cut from both, which has not been the case previously. I'm too lazy to dig up links to testimonials of truly happy bands that find this kind of relationship more than mutually beneficial.

      The concept of DIY has existed in the music scene since the late 70's. It has become even more easy to self record and self promote than ever before. This is not to say that record companies are going to go away because of that. As long as they don't play it too dumb... You see, (speaking as a shitty musician myself) most musicians are complete dorks, not unlike computer ones. It takes a lot of painful, antisocial solitude to master a musical instrument. Except musicians are the worst of all dorks when it comes to selfishness. I know too many... They all dream of 'making it'. The easiest way of 'making it' is when someone hands you a large cheque and tell you they will invest into your image. Self promoting route is ultimately extremely frustrating, at best.

      What you will eventually see is a large divide between major leagues and the minors (baseball analogy FTW!). But besides bona-fide music superstars you will also see a large group that will perennially hover between the two leagues constantly being sent down and recalled.

      To quote Celine (the french author, not the french-canadian recording bitch) people love heroes with their chopped off dicks in their mouths. Who's in rehab this week? And unless they had one of their songs used as a soundtrack in a commercial, noone will care.

      Marry christmas to everyone!

    3. Re:Simple. by Adambomb · · Score: 1

      hey now, just because the largest marketable north american audience is stupid, doesnt make them right =),

      --
      Ice Cream has no bones.
    4. Re:Simple. by Adambomb · · Score: 1

      You're on my wavelength, the only thing i'd expand is the fact that the ease of DIY recording is telescoping in nature. It becomes cheaper and less time intensive with each passing year.

      and thank you for differentiating celines.

      --
      Ice Cream has no bones.
  10. Re:Here's my take: by dreamchaser · · Score: 1

    Dipping into the egg nog a bit early, are we?

  11. Our understanding will change... by kyc · · Score: 5, Insightful


      First everybody will believe that IP doesn't exist. Even now many people (including reasonable nerds such as we are) believe that IP does not exist in the form it struggles to exist today.

    The context of IP is changing and it has to change according to Internet rules. People think that it might seem unethical but the availability of sharing (especially when there is more than a single network node for each human being) cannot be just neglected by the trivial assumption that people should respect for IP.

    I don't believe in IP and I don't think they deserve it. Is the amount of effort they are putting to produce a song, really worth the millions of dollars they are claiming that they must make?
    No way.

    That's why they will lose. That's why they are losing every second. And at some point, they will really understand that resistance is futile.

    Internet will prevail

    --
    There's plenty of room at the bottom! Richard P. Feynmann
    1. Re:Our understanding will change... by jax9999 · · Score: 2, Insightful

      that was my arguement. Why should a novelty band for the 70s make money in perpetuity for something (probably while coked up) back when my parents in high school? If I build a house, or build a chair. I don't make money off of it forever. IP laws are insane.

    2. Re:Our understanding will change... by pauljlucas · · Score: 2, Insightful

      I don't believe in IP....
      I work for a very small start-up. Are you saying that (a) big corporations are within their rights to take our ideas and (b) you to download our product without paying thus driving us out of business?

      IP isn't strictly for the big corporations. Just because you may not like some corporations' tactics doesn't mean you should eliminate (or "not believe in") IP.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    3. Re:Our understanding will change... by Anonymous Coward · · Score: 0

      Really what you are talking about is "value." Is a CD full of mastered audio really worth millions of dollars? I'd say live performances are worth more [than a CD, what the performance is is another issue] than the CD and should therefore be priced more [duh].

      If I spend a night recording some tracks that I spent a month or two writing, how can I really justify that as being worth millions? My expenses during the months are probably less than 10-20K. So as long as I recoup more than that it's all gravy.

      It's when people think they're "entitled" to make millions just because they perform some poppy song that someone else re-arranged from yet another pop song that we end up with the "this is worth protecting?" debate.

      That said, most of my friends who copy media know it's wrong but just don't care. So it isn't a matter of people not believing in IP, it's just not important to them. Of course none of my friends are authors or artists. They might feel differently if they saw a zero-day of their latest book on some torrent website.

      Anyways, the real value is in being able to arrange, author, and perform your own pieces. If you're any decent you should be able to make more money on tour than in CDs. unless you got big tits, then it's all about the MTV tour ...

    4. Re:Our understanding will change... by BoberFett · · Score: 1

      I've got news for you. Large corporations will take whatever they want from you and your small company. They have more money and more lawyers. You will lose. You can't beat them at their game. The only way to level the playing field is to change the game by slashing the protections on IP.

    5. Re:Our understanding will change... by Anonymous Coward · · Score: 0

      At the same time, most artists don't suffer from the grave misconception that doing the thing they love must make them rich. That's a media executive phenomenon. Most of the work that goes into producting a song is paid for by artists. The media cartel is responsible for what, advertising and distribution? Why do they feel they deserve money that rightfully belongs to the producer of the content, the artist? Until artists start complaining (genuinely) about how they can't afford to pay their bills because people aren't buying as many albums as they're downloading, I can't help but feel that I'm only doing my part in bringing the record execs, a greedy subset of humanity, down to where they belong.

    6. Re:Our understanding will change... by pauljlucas · · Score: 1

      Large corporations will take whatever they want from you and your small company. They have more money and more lawyers. You will lose. You can't beat them at their game.
      What universe are you living in? If a big company wants the IP of a small company, it buys the small company because it's cheaper, garners no negative press, plus they hire the talent that created the IP in the first place so now they work for them.

      There are dozens of such examples of small companies bought by large companies: PayPal, Picassa, Macromedia, YouTube, ... the list goes on.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    7. Re:Our understanding will change... by Cal+Paterson · · Score: 2, Insightful

      I work for a very small start-up. Are you saying that (a) big corporations are within their rights to take our ideas and (b) you to download our product without paying thus driving us out of business?
      Yes, I would. And I would add that it is not the laws' job to make your business model work. Everyone wants their business model to work, but manipulation of legislature is not an acceptable way to make this happen. However, you should not be prevented from adding any kind of DRM to control the use of the product, so long as others are allowed by law to attempt to break it.

      This is taken from the point of view that neither the seller nor the buyer should be restricted by the law from doing what they want with their personal property for the period it is in their possession. (Assuming they are neither violent nor fraudulent)
    8. Re:Our understanding will change... by pauljlucas · · Score: 0

      Yes, I would.
      Then most innovation would come to a grinding halt. There would be no incentive to start a company because no new company could make money and survive.

      I would add that it is not the laws' job to make your business model work.
      By that reasoning, it's then it's OK for a large publisher simply to take an author's work and publish it without any compensation. Also, in another field, all non-government-sponsored drug research would cease without IP protections. Basically, huge sectors of the economy would stop and collapse.

      However, you should not be prevented from adding any kind of DRM to control the use of the product, so long as others are allowed by law to attempt to break it.
      That's like saying I'm free to add as many anti-theft devices to my car as long as anybody is free to try to steal it.

      This is taken from the point of view that ... the buyer should be restricted by the law from doing what they want with their personal property for the period it is in their possession.
      Who's talking about that? I specifically said, "... download our product without paying ..." Until you pay, it's not your product to do with as you please.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    9. Re:Our understanding will change... by servognome · · Score: 1

      I don't believe in IP and I don't think they deserve it. Is the amount of effort they are putting to produce a song, really worth the millions of dollars they are claiming that they must make?
      Who says they must make it? How many bands, writers, movies have bombed and don't make any money. On the flip side are any of those things so important to the lives of people that the creator shouldn't have an opportunity to make money.

      That's why they will lose. That's why they are losing every second. And at some point, they will really understand that resistance is futile.
      Internet will prevail
      Goodbye software as we know it, hello crappy software as a service - please login.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    10. Re:Our understanding will change... by Cal+Paterson · · Score: 3, Insightful

      There's a lot of bad logic here; primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.

      The other piece of terrible logic is your false dichotomy of freedom to copy and profit. This is simply not true. There are many, many companies who profit from software as a service (IBM, Red Hat etc) in the tech industry alone. These companies' catalogues of software are largely freely re-distributable.

      Innovation wouldn't come to a "grinding halt"; that is entirely preposterous. Innovation is, in fact, massively hampered by copyright and patents. Useful reuse of ideas is specifically not allowed: no one can use old work and ideas as the base for new work because it's illegal (and if it isn't, it's wildly expensive). The case you implicitly make is that this reuse wouldn't benefit innovation, and you're wrong.

      Additionally; software isn't a car. Cars cannot be easily copied. Cars are therefore a terrible analogy, and one I will not address - there is little need for metaphors when the actual objects of discussion are right in front of us.

    11. Re:Our understanding will change... by pauljlucas · · Score: 1

      ... primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.
      I don't know where you're getting this. I never said anything about owning the software after it's been sold. Of course the customer can resell it, but he can't legally keep a copy for himself after he transfers ownership to somebody else.

      Innovation is, in fact, massively hampered by copyright and patents.
      You don't understand what innovation is. If you use something that already exists, you haven't innovated anything: you've just used something that already exists invented by somebody else. Copyrights and patents force you do come up with something new: they force innovation. The founding fathers got copyright and patent protections right.

      Additionally; software isn't a car. Cars cannot be easily copied.
      So if they could, you'd advocate the freedom to copy them?
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    12. Re:Our understanding will change... by nanoflower · · Score: 1

      At some point in time. The problem is that corporations are pushing for the IP protections to last long beyond when the IP was created. I can see patents lasting for 19 years, but should they be extended to last 95 years like copyright (for businesses.) The idea behind IP is to provide some protection for the creator but there was a limit put on it so the creation could go into the public for the public good. I think we've lost sight of that in an effort to protect companies like Disney. Personally I think Disney is creative enough to keep people interested in their products and visiting their theme parks even if the copyright on their characters was over. However it seems unlikely that will ever happen because they (and others) push Congress to extend the life of a copyright every time we get close to their creations entering the public domain. I don't believe the idea behind copyright was ever to protect a business forever. So to get back your business it's right to give your business time to develop your product and market, but it's not right to grant your company a right to that idea in perpetuity. The question becomes how long is reasonable. For patents 19 years seems more than long enough. For copyright, I'm not sure what number is right, but it seems like 50 years is more than long enough to develop a market and rake in any profits. Heck, it's longer than the average person will be in the workforce and it's certainly longer than many companies will be around. So what is gained by extending the copyright duration beyond some value like 50 years?

    13. Re:Our understanding will change... by Anonymous Coward · · Score: 0

      > I work for a very small start-up. Are you saying that (a) big corporations are within their rights to take our
      > ideas and (b) you to download our product without paying thus driving us out of business?

      And there wouldn't be enough people to consider your work worth enough to pay you to continue the development?

    14. Re:Our understanding will change... by Nephrite · · Score: 1

      Of course the customer can resell it, but he can't legally keep a copy for himself

      Ok, so YOU too can't keep a copy of the software after you first sold it. Sell it once.

      Additionally; software isn't a car. Cars cannot be easily copied.

      So if they could, you'd advocate the freedom to copy them?


      Why not? Wouldn't it be great if everyone had a car?

    15. Re:Our understanding will change... by jez9999 · · Score: 1

      Additionally; software isn't a car. Cars cannot be easily copied. Cars are therefore a terrible analogy, and one I will not address - there is little need for metaphors when the actual objects of discussion are right in front of us.

      You're on Slashdot. Cars are NEVER a terrible analogy.

    16. Re:Our understanding will change... by pauljlucas · · Score: 1

      The problem is that corporations are pushing for the IP protections to last long beyond when the IP was created. I can see patents lasting for 19 years, but should they be extended to last 95 years like copyright (for businesses.)
      I never said that there aren't abuses, but the solution isn't to abolish all IP. I also never said I'm in favor of such long terms. Please read and abide by my sig.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    17. Re:Our understanding will change... by pauljlucas · · Score: 1

      Ok, so YOU too can't keep a copy of the software after you first sold it. Sell it once.
      That's like saying a car company can sell only one car.

      Why not? Wouldn't it be great if everyone had a car?
      Aside from the fact that the increased CO2 emissions would be really bad for the planet, no: the car companies would no longer exist. I think you've stopped being rational a while ago and aren't worth my time responding any more.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    18. Re:Our understanding will change... by spectecjr · · Score: 1
      I don't believe in IP and I don't think they deserve it. Is the amount of effort they are putting to produce a song, really worth the millions of dollars they are claiming that they must make?

      Let's take a look at that idea then...

      If I write a novel, and you don't think it's worth paying me for it, what are your options?

      1. Don't pay me for it, but take it anyway.
      2. Pay me for it, begrudgingly
      3. Don't pay me for it - obviously it's not worth it to you at the asking price


      What kind of fantasy land do you live in that you think (1) is perfectly valid?

      Now let's say I'm a technoguru of immense proportion, and I figure out a way to key the book to your DNA so you're the only person who can read it. You now only have the 2nd or 3rd option.

      This is why DRM happens - because people like you arbitrarily decide "well, if I don't think it's worth my money, I'm going to take it anyway".

      You know why people should be paid for their IP? Ultimately, because they spent part of their life creating it. If you don't think it's worth it, you're well in your rights to complain loudly, say so, and not buy it. If you think it's worth stealing anyway, you should at least be honest enough to know that you should pay for it - otherwise, why would you want it at all?

      The rest is just haggling over price.
      --
      Coming soon - pyrogyra
    19. Re:Our understanding will change... by spectecjr · · Score: 1

      There's a lot of bad logic here; primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.

      Not quite.

      Say it takes 1000 people 3 years to make a version of Office. Each of those people makes about, say, $80,000 a year. They need to get paid - without paying them, you won't get your Office. (Assuming you want it, but let's hold that assumption for the sake of this argument).

      That's $240,000,000. Would you like to pay cash, or check?

      The idea of copyright law is that it lets certain works that would otherwise be too expensive for average Joe Schmoe to buy, to be sold at a price that is averaged out over everyone who wants a copy. It allows them to sell it for $120 a copy instead of $240,000,000 to the first buyer.

      The rest of the discussion is all free market forces, and the fact that there's inertia to getting a company up and running so you can do such a thing. Your first product can't be done for free, so you need to get paid while you're making it, which is why the margins have to be higher. Theoretically as your company grows, your prices drop closer and closer to your actual costs, because your momentum is higher, and your risk drops. That, and people are greedy, and will milk any opportunity for as much as they can.

      --
      Coming soon - pyrogyra
    20. Re:Our understanding will change... by Cal+Paterson · · Score: 1

      Additionally; software isn't a car. Cars cannot be easily copied.
      So if they could, you'd advocate the freedom to copy them?
      Yes, I would. If someone owns something, they should obviously be allowed to do as they wish with it, so long as it doesn't physically harm others.

      You don't understand what innovation is. If you use something that already exists, you haven't innovated anything: you've just used something that already exists invented by somebody else.
      No, you're misunderstanding me. I said: no one can use old work and ideas as the base for new work because it's illegal. If you're thinking that innovations do not depend on prior work then you are in fact disproved by the entire history of mankind.

      ... primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.
      I don't know where you're getting this. I never said anything about owning the software after it's been sold. Of course the customer can resell it, but he can't legally keep a copy for himself after he transfers ownership to somebody else.
      Yes you did, maybe you didn't realise it. You talked about restricted redistribution of software you sell. When you do that, you're taking some ownership rights (specifically: the ability to resell) from the owner of the item in question.

      Additionally, if you want to talk law, the discussion might as well stop here. We're both well aware of the law on this subject. The difference between us is that you agree with the current state of the law and I do not. I intend to convince you, and you me. This is the kind of discussion I come to slashdot for ;)
    21. Re:Our understanding will change... by kyc · · Score: 1


        I think you really did not understand the crux of this puzzle by directly relating my example to 'stealing' is just like to hear a 10-year-old comment on the injustice of the world.

        What I, along with a thousand of my slashdotter friends, believe is the following:

      1. You can produce a novel by spending a part of your life on it. ( Wow!Thanks for spending a part of your life, you can be sure that's really gonna be important for me...)

      2. You can claim that it is your book ( intrinsically selfish and ignorant) and that you must be paid for it whenever it's used/shared literally for-e-v-e-r.

      3. You can go and whine for the rest of your life because some other people (like me and my million friends) don't respect the fact that "you have been spending a part of your life" on the product.

      Guess what: Your expectations will change. The actual value of your product will balance itself with respect to the rules of internet.

      Because information is so common, so easily accessed, and so less valuable (because there's more than plenty of it)

      you will have to "understand" that your work will not be worth "the millions of dollars" you are imagining to make.

      So let's make sure you really understand this :

      I, with a number of people who think like me, will continue to share information until all the software/music/film industries understand that what they're doing is not only ridiculous but also selfish and ignorant.

      If they change, people will change too.

      --
      There's plenty of room at the bottom! Richard P. Feynmann
    22. Re:Our understanding will change... by spectecjr · · Score: 1

      I, with a number of people who think like me, will continue to share information until all the software/music/film industries understand that what they're doing is not only ridiculous but also selfish and ignorant.

      Nice transference there. You don't just happen to possibly be willing to consider the idea that you're the one being selfish and ignorant?

      After all, it's you who's getting something for nothing that other people worked on that you didn't do anything to deserve.

      --
      Coming soon - pyrogyra
    23. Re:Our understanding will change... by kyc · · Score: 1

      You don't just happen to possibly be willing to consider the idea that you're the one being selfish and ignorant?

        NO.

      --
      There's plenty of room at the bottom! Richard P. Feynmann
    24. Re:Our understanding will change... by spectecjr · · Score: 1

      NO

      Bit of a close-minded approach, isn't it? I mean if you can't possibly be wrong, what's the point in even debating any of it?

      Let's try a different approach...

      You spend 3 years working on a novel after you get home from your job at the QuickieMart; a page a night, plus time for redrafts and editing. It's great - you get a publishing deal and it comes out as an ebook. However, instead of buying it, for every 100 people who pay for a copy, 900 download it.

      How do you feel? Personally I mean?

      --
      Coming soon - pyrogyra
    25. Re:Our understanding will change... by kyc · · Score: 1


        I am, actually, really not close-minded, I was pretending to be one. Since you are not listening to what I say, what others are trying to say, what all these high-tech, high-education people ( I am by the way a Ph.D student) are crying out loud.

      Let me first reply to your question.

      1) First, I would never work on an e-book project just to charge anyone who happens to read it, since I know in the first place that, I can't stop people sharing it. Sharing isn't necessarily downloading. You can buy the book and share it with your wife. Should I come along and whine about it? You can buy it and give it to a friend. Now what? Should I charge you for that?

      2) What we are really focusing on here is BIG companies, the big assosications that are going after people one by one. These are the guys that are hated. I would really not want to kill a pathetic guy who works in Quickie Mart and comes home to write a few pages.

      IF you are really asking my opinion, he should find some other way to get rich. You can't be, by an e-book. Someone will share it, and I'll read it. Sorry about that. Find some other way to charge people forever. If you think that's logical.

      I took the time to get to you this message everybody's been trying to convey. I hope you get it this time. IT's not stealing because they have already millions of dollars in their pockets (big companies) and they are really surviving this by making some of us pay. For example universities, other companies, instituitions! They are paying for every bit of software.

      So why are these people making such a big deal about copyright? Because they are greedy, with their greasy hands, they wanto to squeeze every single penny from our pockets. From ordinary guys like you and me.

      And I really find it difficult to understant why you are being such a .ussy about it.

      I feel great, personally!

      --
      There's plenty of room at the bottom! Richard P. Feynmann
    26. Re:Our understanding will change... by spectecjr · · Score: 1

      I took the time to get to you this message everybody's been trying to convey. I hope you get it this time. IT's not stealing because they have already millions of dollars in their pockets (big companies) and they are really surviving this by making some of us pay. For example universities, other companies, instituitions! They are paying for every bit of software.

      So why are these people making such a big deal about copyright? Because they are greedy, with their greasy hands, they wanto to squeeze every single penny from our pockets. From ordinary guys like you and me.

      And I really find it difficult to understant why you are being such a .ussy about it.


      Ahhh... the Robin Hood excuse.

      Here's the thing, right...

      Stealing content doesn't just hurt the companies. It hurts the artists, writers, programmers, animators, actors, etc. who rely on that work to make a living.

      The big companies' models are broken (look at the Writer's Strike for examples of why). The big companies deserve to be taken down. Copyright needs to be shrunk back down to 25 years maximum (that seems more than fair and reasonable to me).

      However, if you do it this way, you hurt the creators of the content as well. And they (for the most part) can't afford to do it by themselves - they need deep pockets to support and finance their projects while they're still works in progress.

      Without a return to some kind of literal patronage system, there's no other way around it - unless Daddy's rich, in which case you can go play and do what you want. (Which is why most of the company owners I know of have rich parents - they didn't need to worry about money while they were taking their 'risk').

      It's a knotty, thorny problem. And no, I'm not being a pussy about it. I'm just someone who thinks that if I spend 3 years writing a book, and I charge for it, you should either pay what I ask, or not read it. That's fair. Why should you have the right to read it? You didn't write it. You didn't put out any effort to create it. All you're doing is leeching off my work. Freeloading. If you really cared about the company aspect, you'd copy things, and then contact the people who created them and pay them directly. But no, you don't. All you want is a free ride, and this is how you're trying to rationalize it.

      Good luck with that. It's not sustainable.

      --
      Coming soon - pyrogyra
    27. Re:Our understanding will change... by FeepingCreature · · Score: 1

      Granted, with arbitrary reproduction of arbitrary objects (why limit it to cars), the whole commercial system would collapse, as the value of every reproducible product would instantly drop to near-zero. The thing that you're missing, though, is that since this would make us a true post-scarcity society, this collapse wouldn't matter in the slightest. :) If there's enough for anybody, why squabble over it?

    28. Re:Our understanding will change... by Alsee · · Score: 1

      The "car analogy" on Slashdot is kinda like a car, everyone should to have one and you can drive it wherever you want to go.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    29. Re:Our understanding will change... by Alsee · · Score: 1

      He had a valid point, and while I consider is "eliminate ALL law on the subject" position to be less than ideal, it's not entirely unreasonable either.

      Lets say I work really hard rubbing sticks together and make I fire... and just for the sake of argument I'm the first person to make fire... so now I've got a campfire with a bunch of burning sticks. I sell you one of my flaming sticks.

      Is the fire on your stick somehow still "mine"? Do I have some inherent right to prohibit you from taking your flaming stick and lighting another stick on fire and giving your second flaming stick to a third person?

      Say it takes 1000 people 3 years to make a version of Office. Each of those people makes about, say, $80,000 a year. They need to get paid - without paying them, you won't get your Office.

      And as he pointed out, there is other software you won't get if we *DO* have copyright law prohibiting it.

      With copyright you do get A and don't get B.
      Without copyright you don't get A and do get B.

      You are merely saying "you won't get A", which in isolation is insufficient to actually support any particular position on the subject.

      The idea of copyright law is

      Yes, copyright has a good purpose, attempting to promote more creations for the public. Copyright can be a useful thing.

      However there is no inherent right to copyright, and copyright is not inherently beneficial. Copyright imposes costs and burdens in the process. Even in the attempt to promote creation, some other creations may also be extinguished. Copyright law is not always legitimately written to the purpose of promoting creation for the public benefit, and even when it is honestly intended to the public benefit it is not always crafted wisely and not always effective to the public benefit.

      I say current copyright law is a vile festering mess. I don't have all the answers on the ideal solution, but I do agree with you that something in law to promote creation can be a good and useful thing. But again, he was right about your logic incorporating an implicit assumption that you still own software after you sell it, and he was right that no law on the subject is a not entirely unreasonable default state. It would bring a lot of positives(more positives than he mentioned) and a lot of negatives.

      Copyright is specifically for the purpose of the public benefit. Copyright only good and valid to the extent it in fact a net benefit. Current copyright law, or no copyright law, or any alternative, they are measured by the net result of their various costs and benefits to the general public.

      I suspect the best route forward out of the current mess may require a pretty radical break from the current form of copyright, and annoyingly anything and anyone that challenges the current structure of copyright law tends to get lumped in a "You're an anarchist who wants to destroy copyright and eliminate all laws".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    30. Re:Our understanding will change... by kyc · · Score: 1


        My point is sustainable, it is at least consistent.

        Your efforts of constantly showing it as simple as the writing a book-demanding money example are insufficient. It's just looking at the problem at a narrow angle, and it's, to me, being an ethical pussy.

      You are claiming that our crusade against the big companies hurt the artists as well, huh? Oh, I am sorry to hear that but you are missing this : I am not hurting someone who has written a pathetic e-book and who tries to earn a few bucks by the help of a big company through that. Because he's not very popular in the first place. And as you might guess, unpopular information is uncommon on the internet. What's really common is "wildly popular" information. And most importantly, you can't claim that you should make money for your idea 25 years. You must be kidding me. So you would make millions of dollars because you come up with a mediocre idea under a grand company name? You can't do that. Get used to the idea.

      Can't you really see the correlation between big companies (or super-famous artist, take Metallica-Napster conflict for example) and high download rates ?

      We are really not hurting small business, because I (and a couple hundred million people who think like me) don't care about that work in the first place! A very few of us might be interested in your e-book (for which you've spent the last three years of your life) and that really won't hurt you. If you really get to be a famous guy and that your idea is really unique, then don't worry. You'll get your share. It'll just not be some imaginary number you are dreaming of. You'll get what you deserve.

      I am still paying for books I like in the bookstore. I am just not paying for Metallica. They are already rich. And ironically, they are the biggest pussies in this world.

      About that idea of reaching the artists and paying for them... That falls under the same terittory I've just described. If you are big enough to be taken care of a big-daddy company, your work will be ripped, shared and mercilessly freeloaded. Sorry about that. We are not killing you. You won't starve.

      And that average guy won't be hit as much as you think. Try a rapidshare (or torrent) search on a very specific book. You can't reach it. IF you reach it, stop worrying.

      Good luck with your absolute thinking. That doesn't help much in life. There are gray zones. Beware of that.

      --
      There's plenty of room at the bottom! Richard P. Feynmann
    31. Re:Our understanding will change... by Anonymous Coward · · Score: 0

      Good luck with your absolute thinking. That doesn't help much in life. There are gray zones. Beware of that.
      What the fuck do you know about life? You're a PhD student. You are entirely out of touch with reality, almost by definition. Maybe if you stopped suckling at the teats of mommy, daddy, state and federal funding and got a job where actual work was involved, you'd have a different outlook on things.
  12. Angels by kryten_nl · · Score: 1

    But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then? There will be no more heaven, because every time that a song or movie is downloaded an angel dies.
    --
    For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
  13. fix the law and we might care by Anonymous Coward · · Score: 5, Interesting

    copyright, and patents too. last 5 years. no extensions. no exceptions. you get a 5 year monopoly on your creation or idea.

    after that its fair game. public domain. and no. you cant gouge the hell out of us on price to make up for it. create more crap and get another 5 years for that instead.

    the time of beyond lifelong copyright and patent protection needs to end. its sucking up way too much time and resources. and gains nothing for the world.

    and we just dont want to listen to people whine anymore.

    1. Re:fix the law and we might care by delt0r · · Score: 1

      I'm with you in principle. I think that most folk here problably think the same. There is nothing wrong with copyright as a idea, but its the terms and the fair use provisons (or lack there of).

      5 years sounds good to me. But if one comes up with a copyright term then it should be decided in a logical way. Futhermore i would like to corperations ablity to use patents and copyrights drasticaly reduced. Since the get a amount of liablitly protection that indidiuals don't get then well they should have some other rights reduced as well.

      --
      If information wants to be free, why does my internet connection cost so much?
    2. Re:fix the law and we might care by spectecjr · · Score: 1

      copyright, and patents too. last 5 years. no extensions. no exceptions. you get a 5 year monopoly on your creation or idea.

      after that its fair game. public domain. and no. you cant gouge the hell out of us on price to make up for it. create more crap and get another 5 years for that instead.


      The only problem here is that it may take you more than 5 years to create it. 15 to 25 years sounds about right (knowing how hard it is to write that first novel unless you're independently wealthy)... and without Disney and Sonny Bono screwing things up, that's what we had originally.

      --
      Coming soon - pyrogyra
    3. Re:fix the law and we might care by novakyu · · Score: 1

      The only problem here is that it may take you more than 5 years to create it. 15 to 25 years sounds about right (knowing how hard it is to write that first novel unless you're independently wealthy)... and without Disney and Sonny Bono screwing things up, that's what we had originally. RMS has this right. Copyright should not be "one size fits all." For things like books (for which copyright was originally intended), 15 to 25 years is, yes, right.

      On the other hand, for newer media like movies, TV shows, and software, even 5 years is too long (ever heard of a software product taking 5 years to be developed? Ever heard of one that didn't suck (to rule out the "Vista answer")?).

      Even then, copyright should be far more flexible than it is---they should make some sort of annual or quarterly renewal compulsory to keep the copyright. After all, people put up with coming to work every day ... since that pays the bills. If someone really relied on his copyrighted works to pay the bills, he can put up with a quarterly copyright renewal (for a nominal sum), and this will make sure that less used work (which are really put into the risk of disappearing from public views due to our draconian copyright laws) becomes public domain sooner.
    4. Re:fix the law and we might care by srussia · · Score: 1

      copyright, and patents too. last 5 years. no extensions. no exceptions. you get a 5 year monopoly on your creation or idea.
      Please reconcile the following widely-held beliefs.
      1. We need anti-trust laws because monopolies are bad.
      2. We need patents and copyrights (however limited) because monopolies encourage innovation, hence good.
      --
      Set your phasers on "funky"!
    5. Re:fix the law and we might care by novakyu · · Score: 1

      I think the problem is ... you are starting from the wrong axiom. "Monopoly is bad" is simply not true, at least not true enough to be an axiom.

      The axiom you should start with is: "Competition is good."

      From this, you can derive (and I use that word very loosely here) the following:

      1. A monopoly in certain markets allow the monopolist to engage in anticompetitive behavior, such as dumping and bundling. This reduces competition in the marketplace, therefore we need laws limiting monopolists from these acts.

      2. If creative works are allowed to be copied and distributed at will, there will be no monetary market (there is still one for reputation, which is one that existed before copyright laws and which is what still matters more for academia). Without monetary market, there will be less competition (if one can call it that---more like participation), since only a smaller set of people, essentially those who do not need money, will participate in creative production. From this, one can make a good argument that limiting such copying and distribution and giving the author monopoly rights will increase competition in the marketplace. Of course, if today's society is any evidence, there should be a reasonable limit to this monopoly---look at the music industry and look at how it failed!

      But the essential fact is, monopoly is not bad, but competition is good (as this is primarily how the "invisible hand" of market forces works). Monopoly is bad only to the extent that it reduces competition in the marketplace.

    6. Re:fix the law and we might care by srussia · · Score: 1

      Thanks for the well-reasoned and nuanced response. However... I would like to submit a rebuttal. Here goes:

      The axiom you should start with is: "Competition is good."

      Following your lead, I suggest that we consider "Competition is good" not as an axiom but as a theorem deriving from a lower-level set of axioms one of which is "Lower prices/better quality is better than higher prices/lower quality".

      A monopoly in certain markets allow the monopolist to engage in anticompetitive behavior, such as dumping and bundling.

      Since we are not using existence of competition as a criterion anymore (only price and quality), it would seem that "dumping" (lower prices, same quality, and "bundling" (more for the same price), are good things and should not be discouraged.

      2. If creative works are allowed to be copied and distributed at will, there will be no monetary market (there is still one for reputation, which is one that existed before copyright laws and which is what still matters more for academia). Without monetary market, there will be less competition (if one can call it that---more like participation), since only a smaller set of people, essentially those who do not need money, will participate in creative production.

      Again, having done away with "competition" as a criterion, the situation you describe seems ideal, since you can't get any cheaper than free, and (this is admittedly debatable) the quality of creative works produced avocationally or through direct patronage would be higher.

      --
      Set your phasers on "funky"!
    7. Re:fix the law and we might care by novakyu · · Score: 1
      Well, we seem to be in agreement for the most part.

      Of course, there's a limit to one can axiomatize social science ... but your replacement does seem reasonable. As far as copyright situation goes, I myself believe that today's society will be a better place without it (even though it may mean no copyleft protection for free software, and it will certainly mean fewer people becoming singers and movie producers), but perhaps not for the reasons you put forth. I just wanted to clarify one point:

      Since we are not using existence of competition as a criterion anymore (only price and quality), it would seem that "dumping" (lower prices, same quality, and "bundling" (more for the same price), are good things and should not be discouraged. I just wanted to remind you that laws against dumping and bundling were made with more foresight than what I implied in my previous post. The reasoning goes as: Someone competes with monopolist -> monopolist undercuts the competitor in price (dumping) or destroys his market with bundling (Windows & IE vs. Netscape situation) -> competition dies out -> monopoly is maintained, including the characteristic price markup (above what the normal supply and demand would have set it as).

      The IE vs. Netscape situation is a bit more complicated in this light ... since it was MS using its monopoly on OS to establish a monopoly on web browser. But one could argue that having the monopoly on web browser helps them maintain the monopoly on OS (and higher price of OS).
  14. also does not bode well for... by Anonymous Coward · · Score: 1, Interesting

    ... all the people who write software and expect to be paid for it. The days for that are numbered, just as for music and movies.

    1. Re:also does not bode well for... by strcpy(NULL,... · · Score: 1

      Not all software is tetris and mp3 players you know..

      --
      echo 'cat sig | sh' > sig
    2. Re:also does not bode well for... by i.of.the.storm · · Score: 1

      Right, because megacorporation X is going to pirate Windows for all their computer or something like that. The argument that developers/artists/etc are losing money from piracy is debatable since if the person pirating didn't have the money to buy the software (eg. Photoshop) they wouldn't have bought it anyway. Meanwhile at least piracy increases mindshare. Personally, I just use GIMP but most people who pirate Photoshop wouldn't know that GIMP exists, and even then I guess it's just too different for their tastes.

      --
      All your base are belong to Wii.
    3. Re:also does not bode well for... by stewbacca · · Score: 1
      Or they could be like me and not find an easy install package for Gimp on OSX. Can anyone point me to a single file that I double click (or drag to apps) to install Gimp, or must I go through about 2 hours of web surfing just to figure out how to install the installer?

      But I agree. People who pirate Photoshop don't have the money to buy it in the first place and that corporations more than pay their share for those of us...errr, you that have downloaded Photoshop for your home use. If they'd make a "home" edition that was around $150 or so, I'd buy it.

    4. Re:also does not bode well for... by Anonymous Coward · · Score: 0

      > Right, because megacorporation X is going to pirate Windows for all their computer or something like that.

      They already do. Broaden your horizons a little - it's only in a very few nations like the USA where what you say above is not the case already. Pop over to China sometime, and look at what is used in the workplace. Hint: it isn't properly licensed software.

      Eventually, the only way to compete will be if western countries join where the rest of the world already is.

      Ob amusing captcha: corpse.

    5. Re:also does not bode well for... by i.of.the.storm · · Score: 1

      http://www.gimp.org/macintosh/ might help, I haven't looked at it much. The first link seems to have the type you can drag/drop but I'm not certain since I don't have much experience with installing software on OS X. http://www.wilber-loves-apple.org/forum.php?id=1 has dmg files.

      --
      All your base are belong to Wii.
    6. Re:also does not bode well for... by domatic · · Score: 1

      Get it here:

      http://www.wilber-loves-apple.org/forum.php?id=1

      The forum I got that link from emphasizes that X11 MUST be patched up current on Leopard.

    7. Re:also does not bode well for... by domatic · · Score: 1

      It's tacky of me to reply to this again but there is also Seashore. It is more basic than GIMP but it can open GIMP's XCF format as well as the usual suspects like PNG and JPEG. It is a Cocoa app and doesn't require X11.

      http://seashore.sourceforge.net/download.php

    8. Re:also does not bode well for... by shmlco · · Score: 1

      And the people who pirate Photoshop also don't support GIMP, donate to GIMP, or use GIMP, nor do they buy Elements or PhotoPaint or any of a dozen commercial, shareware, or donation-ware alternatives. They may not be not paying for Photoshop, but they're not paying for anything else either.

      All of which pretty much ensures that no alternative will be developed.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    9. Re:also does not bode well for... by mOdQuArK! · · Score: 1

      I write software for a large company, and get paid rather well for it. I just don't expect to get paid EVERY TIME they use or copy my software. If I want to keep on getting paid, I have to keep on writing NEW software for them.

    10. Re:also does not bode well for... by falconwolf · · Score: 1

      Or they could be like me and not find an easy install package for Gimp on OSX. Can anyone point me to a single file that I double click (or drag to apps) to install Gimp, or must I go through about 2 hours of web surfing just to figure out how to install the installer?

      It's not a 1 step install but have you thought of trying Film GIMP AKA CinePaint? Here's the instructions for installing it in Panther. If you don't already have X11 installed you will need to install it first. X11 should be on your install disks, if not then you can download it from Apple. Apple also has a download page for GIMP, which also requires X11.

      But I agree. People who pirate Photoshop don't have the money to buy it in the first place and that corporations more than pay their share for those of us...errr, you that have downloaded Photoshop for your home use. If they'd make a "home" edition that was around $150 or so, I'd buy it.

      Though not cheap, it's still cheaper than paying the full price for Photoshop, you can buy an old version of PH, say PH6 or 7 then buy the upgrade version of CS3. I'll first try CinePaint then if it won't work for me I'll do this myself.

      Falcon
    11. Re:also does not bode well for... by stewbacca · · Score: 1

      Thanks for all the advice (everyone). I have a license for Photoshop versions 1-4, but I don't think they allow upgrades to the latest one for one cheap upgrade price. But yeah, that's always a good strategy. My college has Macromedia Studio 8 (or whatever it's called) for $75. I could buy that and upgrade to CS3 I bet, for substantially less than full retail.

    12. Re:also does not bode well for... by spectecjr · · Score: 1

      The argument that developers/artists/etc are losing money from piracy is debatable since if the person pirating didn't have the money to buy the software (eg. Photoshop) they wouldn't have bought it anyway.

      Thing is, apparently it has some worth to the person pirating it, because otherwise why would they bother?

      Which means... dan dan daarn... that the people writing Photoshop should at least get that much back.

      --
      Coming soon - pyrogyra
    13. Re:also does not bode well for... by i.of.the.storm · · Score: 1

      Yeah, which is why I said it's debatable. But Photoshop at $649 doesn't seem like something most people would be willing to pay for. The other poster made a good point that Adobe should make a Home edition for $150 or so, that's much more manageable. Another example is music; people downloading 100s of albums almost certainly would not have paid for all of them, but maybe around half or a third of them. But saying that companies are losing all the value of piracy is preposterous (not saying you said it, but companies that claim $x billion dollars of loss) because it's hard to determine how much of it people would have paid for the stuff they pirated.

      --
      All your base are belong to Wii.
    14. Re:also does not bode well for... by spectecjr · · Score: 1

      But saying that companies are losing all the value of piracy is preposterous (not saying you said it, but companies that claim $x billion dollars of loss) because it's hard to determine how much of it people would have paid for the stuff they pirated.

      I totally agree, but to be honest, it's the only metric they can use that's grounded in anything remotely factual, whether it's realistic or not.

      --
      Coming soon - pyrogyra
    15. Re:also does not bode well for... by i.of.the.storm · · Score: 1

      Perhaps, but they could try and do some studies on how many CDs people buy normally (i.e. before piracy became widespread) or something like that and add 10% or so and make that a more realistic number. Even that has many flaws I suppose. But now I'm curious, how do they find out how many copies of their music have been pirated? I also find it interesting that software companies haven't started suing pirates yet, perhaps because software is a higher cost item so the losses are somewhat offset by people actually buying the software. There are all the antipiracy methods that companies employ such as activation, DRM and the like, but those are always cracked and they just keep making tougher ones instead of suing software pirates like the RIAA does with music pirates, although I suppose even then they only prosecuted against a handful among the millions of people who pirate music.

      --
      All your base are belong to Wii.
    16. Re:also does not bode well for... by spectecjr · · Score: 1

      Software companies do sue people - but they do it through the BSA.

      I bought a full copy of Adobe Creative Suite a couple of years ago. From a store, no less.

      Shortly after registering it, I got a nasty threatening letter from the BSA saying they were going to audit me for piracy.

      Needless to say, I no longer have any respect for Adobe. I've not pirated their software. Yet. But that kind of behavior certainly makes me consider it as a course of action for the future. After all, I actually bought the real deal in the first place - they shouldn't try to punish me for that.

      --
      Coming soon - pyrogyra
    17. Re:also does not bode well for... by i.of.the.storm · · Score: 1

      Wow, that sucks. I suppose their detection methods suck or something, because why would they think that a pirate would register pirated software? I guess there's also the stories about Vista WGA false positives deactivating people's computers, although as with anything anecdotal it's hard to gauge the impact of the situation. I guess one good thing companies often do is have the cheap university licenses, which is very nice.

      --
      All your base are belong to Wii.
  15. Old news... by JustShootMe · · Score: 2, Insightful

    People are always scared of what happens when children grow up.

    That's one reason why I think that the politicians are trying to erode individual rights. They're scared shitless about what's going to happen when the children grow up and start making public policy.

    --
    For linux tips: http://www.linuxtipsblog.com
    1. Re:Old news... by Anonymous Coward · · Score: 0

      as well they should be scared. we're going to so totally SCREW them over.

      karma motherfuckers. we'll make it happen.

    2. Re:Old news... by Grygus · · Score: 1

      Dear record companies: all that you need to do is hire some kids. They're not aliens, after all... if you imbue the young with the same incentives and motivations that you have yourself, they will most often act the same way you do. These kids are against IP because it doesn't make them any money and even if it did they don't have families and mortgages. Get them invested in the capitalistic debt machine and then make their livelihoods in some small way dependent on IP and most of their views will magically align with yours. Realize that many of the soulless destroyers of the RIAA were once hippies. Idealism is often a luxury only afforded the young.
      I am not pro-IP in its current state. I'm just saying that just because kids don't like it doesn't mean they're actually going to end up doing anything about it.

  16. Erm by Anonymous Coward · · Score: 0

    Only two students in a class of 500 were willing to raise their hands. You could ask: Who wants money? and get a similar response.

  17. That Hillary is Santa Clause by Anonymous Coward · · Score: 0, Funny

    The rest believe that Hillary is Santa Clause.

    1. Re:That Hillary is Santa Clause by iminplaya · · Score: 1

      "Ha-ha-ha-ha-ha! You can't fool me. There ain't no Sanity Clause!"

      --
      What?
  18. Progress will happen then. by headkase · · Score: 4, Interesting

    "What will happen then?"

    Well, as more and more content is released under permissive licenses and that pool is getting larger everyday and is irrevocable short of making giving away your effort illegal... I guess we'll all turn into small contributers that others remix into great works. And in turn we'll remix others contributions into our own (maybe great) works. Kind of like a cottage industry on steroids. And we have the great tubes to thank by reducing the barrier to entry and more importantly providing a means to replicate information effortlessly and cheaply.

    --
    Shh.
  19. Common sense will ALWAYS prevail over LAW. by Lumpy · · Score: 4, Insightful

    Students, nay people see Tv shows broadcast over the air as fair game. and will always feel that way. If I record lost and give that copy to a friend in Germany there is no common sense logic that can say that I am stealing it. I got it for free, the advertisers paid for that show to be aired over public airwaves, they got the benefit of it and the station did as well, when I send Hans the DiVX copy he get's to enjoy the crappy local car lot ad's and coca-cola ad's as well. (yes I'm a lazy ass and dont strip the commercials out, boo hoo that's what 30 second skip is for)

    Many feel bad a bit about downloading a pay tv only show like Dexter, but SOMEONE paid for the right to view it and record it. All the companies involved got their money.

    And that is what people see, they see all this IP crap as nothing more than a extra greedy money grab. Almost everyone sees that Comedy central pulling youtube clips as 100% greed and when people see greed they retaliate against it.

    As long as the media companies are acting insanely stupid and publically showing their insatiable greed this will not only continue but will grow in the opposite direction. If they keep it up we actually may see common folk caring about copyright to the point that they want copyright laws repealed.

    The one dark nightmare that make media company executives wake up screaming at night.

    --
    Do not look at laser with remaining good eye.
    1. Re:Common sense will ALWAYS prevail over LAW. by thanatos_x · · Score: 1

      I'm not sure what state you're living in, but based on your headline I'd say denial, or you've been living under a rock. Common sense has lost numerous times to law, from the burglar who sues for millions from an injury he received breaking into someone's house to the corporate CEO who pays the same tax rate as his secretary to bills like the patriot act.

      I'd say laws for which there is an exceptional demand for the product/activity VS the risk (probability of getting caught * consequences), the law will generally lose, but that's one of the few cases - see prohibition, the lack of success in the drug war, and this.

      Pity we want the latest single from group X over liberty.

      --
      I am not an expert. If I am misled in something, please correct me.
    2. Re:Common sense will ALWAYS prevail over LAW. by coaxial · · Score: 1

      Common sense has lost numerous times to law, from the burglar who sues for millions from an injury he received breaking into someone's house Sorry dude. That never happened. You can not sue when you were injured while committing an illegal act. However, this does not mean you can "set a trap." Setting traps are an illegal act as well. So if set big cartoon bear traps out, and Hamburgler steps in one, Big Mac will take you to jail, but Hamburgler doesn't get to sue you.
    3. Re:Common sense will ALWAYS prevail over LAW. by Anonymous Coward · · Score: 0

      By your logic if everybody did back up an episoid of some paid show then it would be okay.
      You're thinking small, you are thinking of 1 ,10 maybe 1000 people doing this and so there nothing wrong with it. But if everybody thought that way, there would be no money coming in, there would be no incentive for the content creators and thus no contents to download in the first place.

    4. Re:Common sense will ALWAYS prevail over LAW. by thanatos_x · · Score: 1

      You are somewhat correct. You can be sued for excessive force in defending, however.

      http://www.hawaiisenatemajority.com/2007/12/05/burglars-should-not-have-right-to-sue-their-victims/

      --
      I am not an expert. If I am misled in something, please correct me.
    5. Re:Common sense will ALWAYS prevail over LAW. by ocie · · Score: 1

      By that logic, it should be OK for me to buy a copy of the top selling paperback and give out photocopies to whoever wants them. Comedy central and others pulling these videos was them exercising their control over their property. People should be able to create and decide for themselves how their creation should be used. Those who create content as an investment should no more have their content forced into the public domain than those who create and give their content freely should be forced to charge a fee.

      --
      JET Program: see Japan, meet intere
    6. Re:Common sense will ALWAYS prevail over LAW. by servognome · · Score: 1

      Many feel bad a bit about downloading a pay tv only show like Dexter, but SOMEONE paid for the right to view it and record it. All the companies involved got their money.
      And that is what people see, they see all this IP crap as nothing more than a extra greedy money grab
      I see downloading as a greedy content grab. What's wrong with creators limiting distribution to those who contribute in return.

      As long as the media companies are acting insanely stupid and publically showing their insatiable greed this will not only continue but will grow in the opposite direction. If they keep it up we actually may see common folk caring about copyright to the point that they want copyright laws repealed.
      The one dark nightmare that make media company executives wake up screaming at night.
      Then we get the wonderful utopia of the independent scene, where mediocre quality prevails... that's if you can wade through all the garbage to find it. The one dark nightmare of anybody who likes a world with less "ball hits groin" and "look how stupid I can be on camera" youtube clips.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    7. Re:Common sense will ALWAYS prevail over LAW. by falconwolf · · Score: 1

      By that logic, it should be OK for me to buy a copy of the top selling paperback and give out photocopies to whoever wants them.

      You'll be paying more to print your own copies than you would by buying copies. If the book is 200 pages it may cost $20, heck the last one I bought was less than $15 and had more than 200 pages, it could cost you $20 to print it out, at 10 cents a page.

      Those who create content as an investment should no more have their content forced into the public domain than those who create and give their content freely should be forced to charge a fee.

      For a limited tyme only, creators should have a monopoly, 50 years after death does nothing for creators or the consumer. You would write more if you only had a copyright term of 10 years, as you have to write more to keep the money coming in.

      Falcon
    8. Re:Common sense will ALWAYS prevail over LAW. by Anonymous Coward · · Score: 0

      which is why every cop will say best weapon for home defense is a 12 gauge shotgun. Make sure you kill the intruder, do not only injure them to avoid the "excessive force" charge. If all you have is a shotgun with deer slugs in it, you could not do excessive force as you had no choice.

      A deer slug to the chest at 12 feet will hollow a man out completely. you do not survive, and there will be a insane mess to clean up. buck shot at 12 feet is also a low survivability. A pump will let you fire 2 rounds into the creep before you can get charged with excessive.

      The best criminal is a very dead criminal

    9. Re:Common sense will ALWAYS prevail over LAW. by vincom2 · · Score: 1

      "Suppose everyone on our side felt that way?"
      "Well then I'd certainly be a damned fool to feel any other way, wouldn't I?"

  20. Summary? by PhotoGuy · · Score: 4, Insightful

    "Fewer and fewer people believing infringing is wrong" is not the same as "not believing in IP." I believe in the concepts of intellectual property, very strongly. However, the MPIA, RIAA, etc., have made fair use and reasonable pricing and distribution of profits to artists into such an absurdity, people can easily rationalize copying.

    I think most people would believe that artists and their associated support network should retain their rights to their music or other works. And if things were available at reasonable prices, with reasonable ability to archive and move to new media, then people would pay, respecting the rights of the owners.

    But $20 for a CD with one formulatic pop song that's a bit catchy, and a bunch of filler, makes rationalizing copying a lot easier than it should be.

    --
    Love many, trust a few, do harm to none.
    1. Re:Summary? by Andrew+Cady · · Score: 1

      I'm not sure young people even believe in "rights" anymore. Rights are a mystical concept, like souls or free will. That kind of thing is passé. Sure, people still talk about "rights," but most of the time they speak of them as if they are nothing more than social conventions; as if (for example) the right to free speech is something that the Bill of Rights created, and which didn't exist (say) in the USSR. Thus, the "right" of musicians to control who listens to their music is nothing more than the social practice of preventing people from listening to music without permission. And as that social practice is not in fact possible, people who don't believe in "natural rights" will consequently conclude that such a right does not exist, as a simple matter of fact.

      PS. The first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society. From how many crimes, wars and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows, "Beware of listening to this impostor; you are undone if you once forget that the fruits of the earth belong to us all, and the earth itself to nobody."

    2. Re:Summary? by Anonymous Coward · · Score: 0

      The obvious criticism of "inalienable rights" is pretty simple: Rights are socially constructed.

      eg. How could your "rights" be infringed if you live on a deserted island?

      People grant each other rights, or don't grant them. You have no rights that others don't give you.

    3. Re:Summary? by ceoyoyo · · Score: 1

      Inborn rights are kind of an artifact of your culture (I'm assuming you're American). Young people are still more likely than the old ones to get out and put their bodies where their mouths are in defense of their rights though, whether they're God given or agreed upon by social convention.

    4. Re:Summary? by Antony-Kyre · · Score: 2, Interesting

      I think there are a few issues here.

      1. True pirates aren't those sharing recorded TV shows and TV movies on fileservers. True pirates are those who sell the recordings for money, perhaps on eBay or somewhere else. They're taking money away from sales that very well could have been if the rights-holder were to do the same thing (assuming they're not).

      2. There is the issue of whether to illegally download the show or movie you want to watch, or go out and buy the DVD. But the DVDs aren't exactly cheap. Plus, why buy something you may only watch a few times?

      Instead of selling a movie for $10 to $20 in a store, they could sell a rental DVD for $1 to $2 which will expire on its own. They have those DVDs now, don't they? They stop working after a number of uses.

      3. Most importantly, illegally downloading TV shows and movies proves how popular it is. If people truly loved it, they'll go out and buy the actual DVD itself. More importantly, the illegal downloads don't have full quality, do they?

      [My above comments in no way, no how, support illegal activities. My above comments are just my opinion on the situation regardless of legality of said actions. Do not take my comments as any legal advice.]

    5. Re:Summary? by Anonymous Coward · · Score: 0

      "...$20 for a CD with one formulatic pop song that's a bit catchy, and a bunch of filler..."
      Did anyone else make the mistake of buying Aqua's "Aquarium" CD based on liking "Barbie Girl"?

    6. Re:Summary? by Anonymous Coward · · Score: 0

      "I think most people would believe that artists and their associated support network should retain their rights to their music or other works."

      I think most people probably believe that artists should be fairly compensated for their work, rather than "believing in IP", or giving them exclusive rights related to that work. I don't think that the majority of the people (who go out to work every day) think someone should be able to rake in money for 50 years (in the uk) just because they brought out a popular christmas single that gets replayed year after year.

    7. Re:Summary? by Anonymous Coward · · Score: 0

      I was surprised that they actually had some "proper" songs on there.....

  21. Bias by RockMFR · · Score: 5, Insightful

    Before anyone starts discussing the 2/500 statistic, remember that the interview method - asking an auditorium of college students to raise their hand - is not the best way to get a truthful response. The percentage of people who believe that downloading a movie/album illegally is wrong is probably much higher.

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

      Yeah, I tend to agree. Also, from his own description the presentation was bombing. It sounds like the kids just weren't interested and were probably zoning out (I've been there many a time myself). There are varying degrees of gray, but I think most reasonable people would consider flat-out infringement wrong. Whether or not that would stop them from infringing is another matter.

    2. Re:Bias by corerunner · · Score: 1

      So very true, and I didn't read TFA but many people might think of a single instance (example: downloading a song produced by a friend) and use that as motivation to keep their hand on the armrest.

      --
      "Don't hate the media, become the media." -Jello Biafra
  22. Morality and IP. by Tatarize · · Score: 5, Interesting

    Yeah, generally it seems to be a pretty common idea. The laws and morality in people's heads does not include corporations. They aren't people and people do not think of them as people. So, it seems as though information should always be free... but if you want to make a penny on it you can't unless you own the property rights. Seriously, rather than asking them about if they think downloading copyrighted material is acceptable, toss in a question about selling downloaded media and see the objections flow.

    However, if anybody is going to make any money on the product it is the corporations and this is iron clad.

    As for the comments about Shakespeare, it was all security by obscurity. Play houses would steal other people's work by sending somebody with a good memory to go and write down the play as performed. This is where most of our records actually come from with the exception of Romeo and Juliet which was butchered so badly that it was published in order to get it right. If you look at the current ethic that the money making ability of IP goes to the owner, then it would allow people to have access to the plays but prohibit somebody else performing it. The article description of it as "immoral" is uncalled for. It certainly isn't as legally allowed, but the prohibition against sharing is non-existent whereas the prohibition against making money off somebody else's work without the owner getting a fair share is iron clad.

    They are moral. They just do not respect the rights of corporations to do anything but make money. In fact, one could easily make the argument that torrents often get ratios above 1 (up/down), because it is required for the torrent to continue and as a moral imperative. What would happen if everybody stopped seeding after they had the file? The torrent would collapse. So morally (and I've actually seen that word used in this context) one needs to seed a torrent. Also, seeding is seen as giving respect to the torrent. That this is a good show/movie/album so *MORE* people should have it.

    --

    It is no longer uncommon to be uncommon.
    1. Re:Morality and IP. by nguy · · Score: 1

      but if you want to make a penny on it you can't unless you own the property rights.

      This is wrong. In the days of DRM, compilers, 1000% annual growth, video on demand, etc., there are plenty of ways of making money without copyrights or patents. The justification for copyrights and patents is that, on balance, they make information flow more freely, allow for more interoperability, etc. I don't see that happening.

      Copyrights and patents need teeth, and the teeth they need are that they are valid *only* if the information that they cover is actually publicly usable and can fall into the public domain after expiration of the copyright/patent. No DRM'ed media or binary-only computer program should be covered.

    2. Re:Morality and IP. by Oligonicella · · Score: 2, Insightful

      "The justification for copyrights and patents is that, on balance, they make information flow more freely, allow for more interoperability, etc."

      No it isn't. It's to allow the originator to be reimbursed for their efforts. That then makes for more content from the originator. Interoperability is simply something you layered on, has nothing to do with CR and patents.

      "I don't see that happening."

      Yeah. We have more content than at all other times in history combined and languages, machinery and systems are more interoperable than at any other time. But you don't see it.

    3. Re:Morality and IP. by Anonymous Coward · · Score: 0

      We need to see some enforcement where individuals that are using torrents get sued (with damages on top of it)

      That will shut things down in a hurry if we start to see lots of people facing huge legal bills and liabilities for stealing with torrents.

    4. Re:Morality and IP. by nguy · · Score: 2, Insightful

      It's to allow the originator to be reimbursed for their efforts.

      That is incorrect. The justification for patents is their benefits for society. Monetary rewards for the originators is merely a means to an end. If there were no benefit to society, then there would be no justification for giving the originators any rewards. In that way, patents and copyrights are fundamentally different from property.

      We have more content than at all other times in history combined and languages, machinery and systems are more interoperable than at any other time. But you don't see it.

      Of course, we have more content and interoperability than ever before. However, it is erroneous for you to attribute that to patents or copyrights; the primary factor in this growth is clearly technological, in particular, since much of that growth occurred during a time during which copyrights and patents were less restrictive than they are today. I would argue that we would have even more content and even better interoperability with shorter copyright terms and stricter patentability criteria. But people like you just don't understand the issues.

  23. Full Circle by rpillala · · Score: 1

    The term "intellectual property" was regarded with similar comedy when Letterman moved to CBS. I think the joke was that the band couldn't be called The World's Most Dangerous Band anymore because that name was the "intellectual property" of NBC. It got a big laugh.

    --
    When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  24. Re:Here's my take: by couchslug · · Score: 5, Insightful

    "But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?'"

    They'll "grow up"/sell out like the Hippies and turn into reactionary fear freaks who will be as easily manipulated as all previous generations?

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  25. Because Slashdot headlines are too short. by Anonymous Coward · · Score: 5, Interesting

    Submitter here. I'd have written IP out as imaginary property in the headline, or maybe even just copyright (which is all the article actually discusses), but I didn't have enough room for either route.

    That said, you are correct that Stallman disagrees on calling it IP, even if you choose to subvert it by expanding it as imaginary property. However, my belief is that you'll never get people to stop clumping them together so long as law schools, where there's certainly no shortage of pedantry, are more than willing to lump them together. Thus, subversion is not the better option, it is the only option for those who dislike the term.

    For what it's worth, trademarks, trade secrets, copyrights and patents all have various flaws. Trademarks allow far too little fair use and fair use is too hard to defend (unless you WANT to pay a law firm big money to establish what a "reasonable person" might believe). Trade secrets, well, the theory is fine, but they're essentially impossible to protect thanks to the internet. The laws give a false sense of security at best. If you don't believe me, find a geek who hasn't heard of 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0. I have that stupid thing memorized. Copyrights, well, they'll live longer than I do, you can apparently copyright facts that aren't "facts" because they concern a work of fiction, I've yet to see anyone punished for sending out flat-out wrong DMCA notices no matter what the "perjury" part says. Patents, well, if they defended actual innovation, they might be somewhat reasonable. Why are they not legally able to take the fact that something was independently reinvented (possibly multiple times) as evidence of obviousness? It's not like anyone reads patents until they're sued for infringing upon them. They're written in incomprehensible legal gibberish that's no longer even marginally useful to an actual inventor...

    So yeah, basically, I don't believe (i.e. trust) in any of that crap. They do exist, of course, but shouldn't. Not without a rewrite, but this time they should get people to examine the laws for perverse incentive and enforceability. Otherwise we have laws, but they do us no good. That's completely unreasonable, even if it's not hard to see how we ended up that way.

    1. Re:Because Slashdot headlines are too short. by Anonymous Coward · · Score: 0

      Submitter here again.

      I forgot to mention that I love a lincoln log in my chute.

      And I should have said that IP = inter-anal penetration.

    2. Re:Because Slashdot headlines are too short. by cyber-vandal · · Score: 1

      If you don't believe me, find a geek who hasn't heard of 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0. I have that stupid thing memorized

      I hadn't before today and have now handed in my geek card until I can recite it back to an appropriate examination board.

    3. Re:Because Slashdot headlines are too short. by Anonymous Coward · · Score: 0

      Why are they not legally able to take the fact that something was independently reinvented (possibly multiple times) as evidence of obviousness? Because contrary to popular misconception, patents don't need to not be obvious. They just need it to be done is a way that has not been done before (and not patented). Be it completely original, or a re-working of something has been done already. Independently reinventing something violates patents because the method -> end has not only already been done, but it has been patented. Reinventing something to reach the same end through different means is, however not only NOT infringing on the patent, but is itself, patentable (interestingly enough, you can bar the holder of the patent your patent is based on from using your patent).

      This is why patents actually encourage innovation. The whole idea of it is that not only to you have the rights to your invention, but it encourages others to find different methods of achieving an end, e.g. innovating.

      What makes it more messy than it needs to be is that patents are designed not to give the patent holder the power to decide who CAN use the patent, as by default, everyone is allowed to, but instead to decide who CAN'T use the patent. Although the distinction is subtle, there is a distinction, and sadly it has been lost with time.

      It's not like anyone reads patents until they're sued for infringing upon them. That's a failing on behalf of the people who don't read the patents, not of the system. Now, of course, it doesn't help that patents are written to be as broad as possible, but it's still no excuse to not even bother reading through them until you're sued, that's your fault, not the systems. Of course, there should be stricter restriction on just how broad a patent can be, but the problem cannot be blamed squarely on the system itself. Read the patent, understand the patent, do the R&D necessary to implement a different method to achieve the same ends, and create it. It's simple.

      People complain allot that there are obvious patents (example, the virtual desktop patent Novell and Red Hat are being hit with), they complain that the idea (Virtual Desktops) is obvious, and the patent should be invalidated on that basis. They're missing the point that it isn't the idea that's patented, it's the method of achieving it that is. Using the same example, people will point out that Amiga had virtual workplaces before the patent in question was applied for, but these people don't quite understand patents either. If the method used to achieve the ends is different, then there is no prior art. And even if the method is the same, Amiga did not apply for, nor recieve the patent, Xerox, however did, meaning that Amiga is free to continue using the same method (technically), but someone else may or may not be, and that's entirely up to the discretion of whomever holds xerox's patent.

      I'll reiterate one last time, if a patent claims method Y to achieve end X, it is method Y that is protected (in relation to achieving end X), not end X. Someone using method W to achieve end X is in the clear, as is someone using means Y to achieve end Z (which is patented in so far as achieving end X, and only end X). It is within the rights of whoever decided to use method Y to achieve end Z, and whoever decided to use method W to achieve end X to patent their innovations, and bar the holder of the X -> Y patent from using either.

      The system, of course has plenty of room for improvement.

      - Someone looking to implement something should search to see if they method -> end they're trying to implement is covered. The patents are publicly available, ignorance is not a defense.
      - Someone looking to implement something that is covered should request permission from the holder.
      - Someone looking to devise a new means to achieve and end should, if uncertain ask the holder to clarify.
      - The holder should be obliged to provide any necessary clarity, if asked.

      Patents are a good thing. People not quite understanding how they operate does not change that, neither does there being room for improvement in system.
    4. Re:Because Slashdot headlines are too short. by lartful_dodger · · Score: 1

      The funny thing is that law schools can't even agree what constitutes 'property', except for a few basic rules, ie. exclusivity (the ability to keep other people off what's yours), alienability (the ability to separate what is yours from you, eg. sale), and probably one or two other things I can't remember anymore. Even then it's difficult. Add all the various subsets of property: chattels, real, intellectual, conceptual, fictional (I jest), whatever - the problems are functionally insurmountable, and serve no-one well but the lawyers.

      --
      The face of 'evil' is always the face of total need
    5. Re:Because Slashdot headlines are too short. by tepples · · Score: 1

      Independently reinventing something violates patents because the method -> end has not only already been done, but it has been patented. But what happens once the end itself has been patented? And what happens once a legislature or a regulatory body has mandated using a particular method that happens to be patented?

      Someone looking to implement something should search to see if they method -> end they're trying to implement is covered. The patents are publicly available, ignorance is not a defense. How many words of patents are issued per day, and how many words can a human being read and understand per day?

      Someone looking to implement something that is covered should request permission from the holder.

      In the case of a flat rejection of license, what lawful means do you recommend[1] to extort permission out of a patent holder?

      [1] Slashdot != legal advice. I mean "recommend" in the sense of "recommend investigating further, and recommend discussing with an attorney."

    6. Re:Because Slashdot headlines are too short. by Simonetta · · Score: 1

      Why is 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 important? It's the HD DVD processing key that allows people to watch HD DVD content.

          I copied and pasted the sixteen hex numbers into Google, a first for me.

          Imaginary Property will only become respected and valid when enough people will have attempted to actually create something artistic that they will have come to respect the process of creation of art. The industry that markets the artistic creations of other people discourages this because people aren't buying artistic 'product' when they are busy creating their own. By selling other's artistic work at a much cheaper rate than people could create entertainment product on their own, the industry is depreciating the value of entertainment products.

          The problem that industry has with file sharing isn't so much the distribution of product, it's the fact that new price of entertainment product is much less than the old price. The old price, which was controlled by the industry, was always set high enough to support the leaders of the industry (and sometimes the entertainment product creators themselves) in luxury and style. The new price, that is the cost of the download link and the home equipment needed to connect to the file sharing link and to view it, doesn't provide for the means to continue for the luxury lifestyle of the entertainment property owners. That's why they hate file sharing so much.

          This actually is solvable. The industry needs to increase the volume of file sharing and start taking a percentage of the new lower price. The formula is: luxury lifestyle = small price + small percentage + HUGE volume of downloads.

          All these RIAA lawsuits are happening because many if not most of the very top executives in the recording industry are law school graduates. Clive Davis, Yetnikov, ect... They started in the entertainment industry through the legal department and rose up and into sales and then into the top slots. To a lawyer, lawsuit is the one word solution to all of the world's problems. If you're a hammer, every situation looks like a nail. If you're a lawyer, everything is a lawsuit. Geeks code their way out of problems; lawyers sue their way out; hammers bang their way through the world.

          Eventually in the next few years, the lawyers will be moved out of the top slots of the entertainment industry and be replaced by engineers and content producers. When this happens, the lawsuits will stop.

    7. Re: Because Slashdot headlines are too short. by Dolda2000 · · Score: 1

      If you don't believe me, find a geek who hasn't heard of 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0. I have that stupid thing memorized. Thank you for your confession. Since, by your own account, there are synapse patterns in your brain that constitute a derived work of AACSLA protected material, you are to report to your nearest copyright enforcement facility to have your brain lobotomized in order to remove the infringing material.
  26. They're Just Kids by lseltzer · · Score: 1, Interesting

    ...and kids are stupid and naive.

    One day their livelihood may rely on intellectual property and their attitude will change.

    1. Re:They're Just Kids by TehZorroness · · Score: 1

      Anyone basing their livelihood on IP deserves whatever they get. IP is not a natural right and has been stretched far past it's use in recent times. The only people who have problems with full freedom of information are those who are trying to cheat those who actually work for a living.

    2. Re:They're Just Kids by Anonymous Coward · · Score: 0

      Information doesn't want to be free anymore than my toaster wants to be free.

    3. Re:They're Just Kids by lseltzer · · Score: 1

      So people who write books for a living don't deserve to make a living? It's a good thing the Constitution recognizes intellectual property rights. The founding fathers had their heads screwed on about this stuff a lot better than some of today's ideologues.

    4. Re:They're Just Kids by UserGoogol · · Score: 1

      Those abolitionists are just kids, and kids are stupid and naive. One day their livelihood may rely on slavery and their attitude will change.

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
    5. Re:They're Just Kids by Anonymous Coward · · Score: 0

      You do understand that those provisions put there in order to promote more works that would end up in the public domain don't you? The primary purpose for patent and copyright laws were to encourage people to engage in these pursuits, and then those works would fall into the public domain, enriching everyone.

    6. Re:They're Just Kids by Andrew+Cady · · Score: 1

      One day their livelihood may rely on slavery and their attitude will change. Can it be denied?
    7. Re:They're Just Kids by falconwolf · · Score: 1

      So people who write books for a living don't deserve to make a living? It's a good thing the Constitution recognizes intellectual property rights. The founding fathers had their heads screwed on about this stuff a lot better than some of today's ideologues.

      GP said "has been stretched far past it's use in recent times" which does not equate to getting rid of copyrights There's a big difference between Thomas Jefferson's, one of those Founding Fathers, 14 years with 1 14 year extension possible on the monopoly of copyrights and life +70 years. Having copyright last beyond your death does not encourage you to write more. What will encourage you to right more is a short copyright term. If you have to write more to continue to make money you will.

      Falcon
    8. Re:They're Just Kids by Anonymous Coward · · Score: 0

      Interesting idea. But of the people you knew in college, have you seen (m)any become more pro-IP-protection since entering the workforce?

      All of the people I knew who were downloading MP3s in college still are, and many of the people who would never have done such a thing have since started. And yes, the latter group includes people who make a living selling proprietary software.

      It's an interesting theory, but the evidence I see points in the opposite direction.

    9. Re:They're Just Kids by spectecjr · · Score: 1

      Information that wants to be free? That'd be the phonebook sir.

      You seem to be conflating data and data with structure.

      --
      Coming soon - pyrogyra
  27. What will happen tha?? - The law will change. by pesho · · Score: 1
    But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?'"

    What will happen is that the public will no longer support 'rigorous enforcement' of IP laws by entities like RIAA and the law will change accordingly. On the other hand of RIAA/MPAA consistently pulls off decent PR and lobbying campaigns in the next 10, 20, 30 years the status quo may remain and they will retain their business model.

  28. Non-observance of copyright by Sub+Rosa,+Sub+Vino · · Score: 1

    Copyright has becomes an indefinite license by holders, instead of expiring in set amount of time. If copyrights never expire, they will not get much respect.

  29. Hyperbole has backfired on the "IP" Barons by Dr.Dubious+DDQ · · Score: 2, Insightful

    The risible rhetoric that the "Intellectual Property" barons has been pushing for so long has been so plainly wrong that they don't even have the credibility left to make reasonable claims and be believed.

    Insistently equating trespassing on someone's copyrights with armed robbery ("piracy") and "theft" when it plainly is neither for so long means that now a lot of people have trouble taking the whole concept of copyright seriously, unfortunately.

    1. Re:Hyperbole has backfired on the "IP" Barons by whoever57 · · Score: 1

      The risible rhetoric that the "Intellectual Property" barons has been pushing for so long has been so plainly wrong that they don't even have the credibility left to make reasonable claims and be believed.
      I believe you are exactly correct. The RIAA and MPAA have been pushing for expanded rights to the detriment of fair use (even denying any fair use rights exist) that people treat them with contempt and have only contempt for their claims.

      The *AAs have attempted to make a black and white issue over copying. The problem is that people expect to be able to do some copying and hence the line is now pushed far back into *AAs' territory. If they had respected and promoted fair use rights, most people would have responded with acknowledgment of the *AAs' rights.
      --
      The real "Libtards" are the Libertarians!
    2. Re:Hyperbole has backfired on the "IP" Barons by Dr.Dubious+DDQ · · Score: 1

      It would probably also help if they quit focussing on "copying" at all. "Copying" isn't actually the issue and never was. Distribution is the issue. The only reason it's even called "copy"right is because the term was invented when the technology was such that the only reason to go to the effort of copying was for distribution. Instead of making sure I can't watch DVD's legally on my Linux boxen (because the computer has to "copy" the data from the DVD into memory to decode and play it), maybe they should have just spent their lobbying money on actual enforcement against people engaging in genuinely harmful trespass on their copyrights (mass-production sellers of bootleg media).

  30. Intellectual Property As Term Stinks by shoor · · Score: 1

    I believe the expression "Intellectual Property" was created solely to trip people up who were trying to engage in critical thinking about how
    the products of human creativity should be regarded. It's designed to get unsophisticated (and lazy) thinkers to feel the same disapproval at making a copy of the music on someone's cassette say, as in stealing their cassette, or their stereo equipment, or their car. But, if you make a copy of someone's music, the person still has the music. It may not be ethical but it's just not the same as the theft of real property.

    Now, that doesn't mean that if someone goes to the time and effort of creating new music that they don't have rights to it. But it's not the exact same thing as 'property'. Something like copyright law should be in place to protect and especially to encourage creative endeavor. But one shouldn't go overboard on it. Let's say, when George Gershwin wrote "Rhapsody In Blue" he assumed he would hold the copyright to it for 17 years. (I don't know the technical details, maybe copyright law was extendable then, or maybe Paul Whiteman commissioned the work so actually it was Paul Whiteman who had the rights. The details won't matter for illustrating my point.) Would George Gershwin have worked harder and made "Rhapsody In Blue" better if he'd known he and his heirs would have the rights until 100 years after his death? I doubt it.

    Suppose they passed a law that said building contractors had to be paid $500,000 to build a house even if they would be willing to build it for only $200,000? That's what happens when you give copyright powers to people that are more than would be necessary to motivate them to create their best work. And that is the situation with current copyright laws.

    Also, a lot of the pro-intellectual property types like to act as though only one person in the world could create some unique piece of work. It's harder to illustrate in the case of artistic works, but consider patents for inventions. By patenting an invention you restrict
    other people not only from using your invention but also from inventing it themselves. There's the famous story of Alexander Bell beating some other inventor to the patent office with the invention of the telephone. It seems that Philo Farnsworth and Vladimir Zworykin (and his team) independently invented the iconoscope (the essential electronic camera ingredient of television). So, patents and copyrights are a kind of kluge for encouraging invention but by restricting the rights of others to use their creations they also limit the freedom of others to invent them indepedently, and I think that's a significant inefficiency in the system, though I don't have a better alternative.

    At any rate, this notion of 'Intellectual Property' has gotten so tied up in greed and arrogance that it has earned the contempt a lot of people feel for it.

    --
    In theory, theory and practice are the same; in practice they're different. (Yogi Berra & A. Einstein)
    1. Re:Intellectual Property As Term Stinks by cpt+kangarooski · · Score: 1

      Let's say, when George Gershwin wrote "Rhapsody In Blue" he assumed he would hold the copyright to it for 17 years.

      You mean 28+28.

      The details won't matter for illustrating my point.

      Then why not just say x as compared with x+50, etc.?

      --
      -- 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.
  31. Sick and tired by Dunbal · · Score: 2, Insightful

    The "immorality of young people today" argument is as old as Plato and Socrates. Every generation is (apparently) more immoral than the previous. Your point is?

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Sick and tired by Sage+Gaspar · · Score: 1

      You must be new in Soviet Russia.

      ...shit, I think I messed that up.

    2. Re:Sick and tired by Alsee · · Score: 1

      Every generation is (apparently) more immoral than the previous.

      I am a man ahead of my time.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  32. US IP law disenfranchises youth. by SpaceWanderer · · Score: 0

    Is David Pogue an RIAA spokesman? Anyway, I think the IP laws are extremely unfair for consumers. Groups like the RIAA, sony bono, Disney have been drawing up any copyright laws they want and getting congress to pass them without any democratic input for the past 100 or so years. The current laws so strongly favor big corporations and dont' consider consumer interests at all. People are beginning to wake up to this. People are getting so fed up with the unfairness of it that they completely ignore the laws.

  33. Absolutely fucking wrong by Dragon+of+the+Pants · · Score: 1

    Everytime I hear stuff like this I have to shake my head. How can any person claim to be moral while not recognizing that file-sharing is WRONG? I've had arguments with friend over this and it almost blinds me with rage every time. Now, don't get me wrong, I do it all the time. But I have the common sense to realize what I'm doling is wrong. I just don't care.

    1. Re:Absolutely fucking wrong by iggymanz · · Score: 1

      I have a very similar issues with porn and jerking off.

      Now if you'll excuse me I feel another session of wrongdoing coming on...

    2. Re:Absolutely fucking wrong by Swampash · · Score: 1

      No, sorry. When only four out of a thousand people believe something is wrong, it's not wrong any more. Society has changed its mind on this issue.

    3. Re:Absolutely fucking wrong by TehZorroness · · Score: 1

      Is it wrong? Haven't the record labels made enough? Every time I hear their stories, All I can think of is "Go blow it your ass."

    4. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      It isn't considered wrong any more by the VAST majority. That pretty much means it isn't wrong.

      Thing like murder are considered wrong by society because almost everyone thinks they are. If almost everyone thinks something is NOT wrong, then it isn't, by definition. These ideas do not exist in a vacuum, they come from human brains, and the agreement of society as a whole. If society agree something isn't wrong, then it isn't.

    5. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      Why is it wrong? There is no inherent right for an artist to be able to control distribution of copies of his work. Intellectual property is not a natural right. It is an artificial right created solely to encourage the advancement of society. For people in the US, it says so right in the Constitution. This artificial right has now become so strictly enforced that it is working contrary to its stated goals; modern copyright is hindering the progress of the arts by putting more and more human effort into preventing unauthorized copying and into circumventing the same. Violating an unjust law which no longer serves a useful purpose and which in fact has negative utility is not in any reasonable sense wrong.

    6. Re:Absolutely fucking wrong by rally2xs · · Score: 2, Insightful

      Something is intrinsically wrong when it can be shown that innocent people get hurt as a result of the actions of another. If someone is performing actions that hurt some innocent party, then they are wrong to perform those actions. Stealing music, such that those people who spent a part of their lives creating and distributing it do not receive compensation for their efforts, then those people are being hurt. They are, as it turns out, innocent of any wrondoing. Therefore, those people that are downloading music without compensating those people that created the music and promoted the music and distributed the music through legal channels are absolutely, positively, as a matter of absolute, "no relative morality applies" WRONG. What the future holds is less people willing to produce music for the rest of us to enjoy. Better get happy with your old copies of the Beatles and Led Zep, 'cuz there's not going to be that sort of effort put forth by people working like slaves (the Beatles were some of the most hardworking musicians in history - and it shows) to bring us memorable music.

    7. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      This however assumes that the person doing the downloading would have purchased it in the first place, or would have been willing to pay what was asked for the music. How wrong is it to download something that I would never have paid for (and thus the artist never recieved compensation for) in the first place? Are they hurt by this? No. If anything, I may be tempted to buy something of theirs in the future instead. If I make a copy of something (not *steal*, everyone still has their copy) that I would never have purchased, where was the harm done?

      Remember, the actual Artist receives very little of the profit from the Record sales as well. Most of the income from records goes to the publisher, NOT the artist.

    8. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      Sounds like you have a personality disorder. Not only are you unwilling to acknowledge that your comrades have a different set of moral axioms that you, you find yourself at the verge of violence even though you hypocritically act against your own system of ethics without any remorse.

      So if you think something is wrong and you do it anyway, does that make you a monster? I think so.

    9. Re:Absolutely fucking wrong by Dragon+of+the+Pants · · Score: 1

      Yes, because college students are the ones who should dictate society's morals.

    10. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      > Stealing music, such that those people who spent a part of their lives creating and distributing
      > it do not receive compensation for their efforts, then those people are being hurt.

      Prove it that they get any less compensation due to this. There are a myriad of effects associated to file sharing and I claim that you and almost anyone else will be completely and fully unable to disprove that (in its current form) does not benefit these people even financially.
      But even if you could, you could only prove that they receive _less_ compensation, to prove hurt you'd have to prove that they would receive less compensation than they deserve - how to decide what is deserved?
      The basic issue is that people are supposed to get paid for their work, copyright are a means to ensure payment, but it is not for the work itself and unfortunately not even in a really meaningful related to the work.
      Thus copyright is not a way that can really ensure fair payment for work. The question is, is it really impossible to change to a scheme where authors etc. are paid for the actual work they do, instead of some (nowadays) no-cost "post-processing" of their work? _If_ it can work this seems like much better in every aspect to me.

    11. Re:Absolutely fucking wrong by spectecjr · · Score: 1

      No, sorry. When only four out of a thousand people believe something is wrong, it's not wrong any more. Society has changed its mind on this issue

      Cool! In that case, slavery was ok then? I'd bring up concentration camps in Germany, but I don't want to godwin the thread.

      --
      Coming soon - pyrogyra
    12. Re:Absolutely fucking wrong by spectecjr · · Score: 1

      Haven't the record labels made enough? Every time I hear their stories, All I can think of is "Go blow it your ass."

      Who cares about the record labels? Their industry is broken. Ideally, the government would step in and hit them hard for usury.

      I care about the artists who make the recordings. They should be getting paid for their work. Just because the middle man is corrupt, doesn't mean that you get a free ride to do whatever you want with their work - it just means that you need to fix the middle man.

      --
      Coming soon - pyrogyra
    13. Re:Absolutely fucking wrong by spectecjr · · Score: 1

      Intellectual property is not a natural right. It is an artificial right created solely to encourage the advancement of society.

      If you want to argue natural rights... what's to stop me from hitting you with a billy club in a dark alley and taking everything you have?

      If we're talking natural rights, nothing. The only "natural right" that exists is survival of the fittest. The bigger, meaner animals kill the smaller, weaker ones. Most of the time for food. Everything else is artificially conjured up by human society.

      --
      Coming soon - pyrogyra
    14. Re:Absolutely fucking wrong by Anonymous Coward · · Score: 0

      Everytime I hear stuff like this I have to shake my head. That must be pretty funny to watch. I bet your friends talk about this stuff just to make you shake your head at inconvenient moments. Like every time you try to take a sip from a drink.
  34. IP as in 'first run movies', by fredklein · · Score: 1

    or as in or 'already broadcast a million times for free'??

    I can see 'them' getting upset over the taping and release of a Still-in-the-theater movie. But once it's been shown on TV, for free, who cares. What's the practical difference between me taping a free, over-the-airwaves broadcast, and me downloading a copy that someone else taped??

    1. Re:IP as in 'first run movies', by prshaw · · Score: 1

      >> or as in or 'already broadcast a million times for free'??

      What makes you think they are broadcast for free? You don't think the TV station is paying to broadcast those for you to watch? You don't think they are limited in how often they can broadcast them?

      They pay for them with the money they charged for the commercials that are placed in the broadcast, that you have to watch and interupt the show.

      Or you can get a channel that doesn't play commercials (like HBO), they just bill you directly instead of a company with commercials to air.

      But either way they still collect money to pay for the right to play specific shows. Shows are not broadcast for free.

    2. Re:IP as in 'first run movies', by fredklein · · Score: 1

      What makes you think they are broadcast for free?

      Because I don't pay anything to watch them. So, for me, they are free to me.

      They pay for them with the money they charged for the commercials that are placed in the broadcast, that you have to watch and interupt the show.

      Ah, but I never watch commercials. I surf to anothe rchannel, or go to the bathroom, or go to the kitchen for a snack, or talk to someone else in the room. Usually after muting the TV, so I don't even HEAR the ads.

      So... like I said, free.

      Shows are not broadcast for free

      It's free to me.

  35. Okay, David by Anonymous Coward · · Score: 0

    You're lumping together legitimate backup copies with internet downloads. You are also combining "wrong", a moral decision, with "illegal", a legislative decision.

    If you are going to use such intellectual bait & switch in trying to make your point, you'll get no respect from me & you lose all credibility.

    Bugger off, mate.

  36. The question is flawed. by WK2 · · Score: 1
    FTFA:

    "You want a movie or an album. You don't want to pay for it. So you download it." There it was: the bald-faced, worst-case example, without any nuance or mitigating factors whatsoever.

    One problem is that he neglected to say "illegally downloaded." There is nothing wrong with downloading movies. That is how some of them are distributed.

    It is clear what he meant, but this is the kind of confusion that the MPAA uses to convince courts that P2P and Youtube et al have no legal purpose. If downloading movies is illegal, than P2P and Youtube really do have no legal purpose.

    --
    Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
  37. Hey! Maybe... by Anonymous Coward · · Score: 0

    ...it's the same two brainless fuckers who believe in I.D.?

  38. David Pogue == John Dvorak by uniquename72 · · Score: 1

    I used to like David Pogue. He never showed much computer savvy, but he really knew entertainment gear and gadgets. In the past 2 or 3 years, though, he's become John C. Dvorak -- making ridiculous and inflammatory statements in his column or on his blog just to drive traffic.

    And like Dvorak, it's unfortunate that /. sends more traffic his way.

    1. Re:David Pogue == John Dvorak by stewbacca · · Score: 1

      Is he making "inflamatory" statements, or are you just reading into his clearly stated observations?

    2. Re:David Pogue == John Dvorak by uniquename72 · · Score: 1

      I don't see how I could be more clear: The guy used to be interesting (when it came to electronics, anyway) and now just says whatever will drive traffic (in other words, which will inflame the emotions of his readership, leading to mention in other places like /., and give him publicity). I've read him for 4 years, and quit a few months ago.

      Spelled out enough for ya?

    3. Re:David Pogue == John Dvorak by stewbacca · · Score: 1

      I don't like Hilary Clinton, but every once in a while she says something that is factually correct. I don't discredit her on those ocassions just because I don't like her or I think she has a known agenda.

  39. Another Stupid Slashdot Summary by stewbacca · · Score: 1

    "Bemoan"? I read the FA and Pogue does no such bemoaning. He does, however, point out the vast generational differences in attitudes towards intellectual property. He doesn't editorialize at all; something slashdot contributors and editors should try doing once in a while.

  40. You sign away your rights to school, work... by Anonymous Coward · · Score: 0

    You sign away all your rights to all your designs and concepts (unless you are lucky or smart) to just get into a school or a job now.

    How many ideas of yours have been bought and sold and have appeared on the big screen or TV... ? Or made people hundreds of millions in venture capital funds before you could sell the idea yourself?

    And then they are going to complain about downloading some media you can't afford to watch?

  41. Moral Bargain is Missing by Strangely+Familiar · · Score: 1

    Intellectual property was founded on a moral bargain. People gave up their right to copy other people for a limited time, in order to get other people to work harder to create new useful things and artwork. The problem is that corporate America is developing amnesia concerning the people's half of the bargain.

    People have a fundamental moral right to copy others. Copying is at the core of human nature. It is a right not to be given up lightly. It's what two year olds do to learn how to act. It's what apprentices do. It's what old people do when they want to learn something new. Without copying, we're all just illiterates alone and naked in the woods.

    Because of this, deciding what people should copy is highly important. Coming up with something great to copy is very valuable. It takes work to be a great rock band, or make a 42 inch plasma HD TV. Why would anyone go through all the work, if they get nothing?

    Fine well and good. But why should the people give up their right to copy, when they don't see what they are getting in return? If Led Zeppelin was freely available without stigma, and the original Talking Heads music, and Beatles, and Van Halen, college students might be more easily persuaded that there is an actual bargain they are benefiting from when they don't copy the White Stripes, or newer stuff. They have to pay for some stuff, but other stuff they get free. Stuff more than 14 years old.

    Taking someone's rights away without their consent, and without giving anything in return is immoral. It's really no wonder why, when subjected to an immoral act, college kids don't see anything immoral by responding in kind.

    --
    Join the IParty!
  42. Control: Unlearning what they have learned by Dachannien · · Score: 1

    Over the past century, the content companies have learned from experience that they can control and dominate all aspects of their industry. They force-feed the public with crap music from acts that they browbeat into submission, taking tremendous chunks of the revenues through their position as middleman. They convince the public (or at least themselves) that they can dictate the terms of use for their products, even when the public has already paid a more-than-fair price for those products. They take for granted their position as arbiters of what's cool, and now that their position of dominance is under real threat, they're panicking.

    There are already solutions - numerous ones - for getting fair payment to artists, technicians, promoters, etc., without fighting the masses who are interested in a wider variety of content and the ability to use that content in novel ways. The problem (for the content industry, anyway) is that those solutions in some way involve giving up control. They fear that losing that control means obsolescence, when in truth, it's the effort to cling to that control that will result in them being so far behind the times that they can't catch up.

    There can be a place for the content executives in the future of the industry, but they have to be willing to let go of the total control they've grown addicted to, and be content with making money hand over fist while giving the customers what they want.

  43. It goes like this... by Anonymous Coward · · Score: 0

    Back in college, a friend had a roommate who declared: If there's food in the fridge, I will eat it.

    Culturally, we're selfish...so why should this be a surprise? Seriously, I must be some kind of bunny-humping commie for even saying this.

    1. Re:It goes like this... by Anonymous Coward · · Score: 0

      Let me introduce you to my ex-lax brownies recipe.

  44. Yay, finally a slashdot discussion of IP by amyhughes · · Score: 4, Funny

    Hey, a discussion of intellectual property on slashdot! This will surely cover new ground. I can't wait to learn what slashdot thinks!

  45. I believe in IP by Anonymous Coward · · Score: 0

    The problem is I also believe in ignoring it. Copyright was a deal in principle, You make your creations available to the public and in return we won't copy them without your permission. Available meant free to use as we would, for personal creativity, for review or just for entertainment. And the creations of that generation would be freely available to the next generation to build on.

    And then they changed the deal. Creations are made available with EULAs which say we invoke copyright on our creation but you don't get any of the things you had on your side of the table. You can't modify this and you cannot review it. And it won't default into the creative pool until two lifetimes have past. But you must still honour the no copying premise, even though there is no value in that social contract for you anymore. Oh and it's a laugh that it will pass into the creative pool, because we DRM / copy protected it all, and we're not planning on publishing the source material ever, and even if we did it would be over 100 years out of date, but to be honest we couldn't be stuffed storing unprofitable material on deteriorating media for that length of time.

    I don't have an issue with patent IP, other than the whole 'patenting processes and programs' malarky, but copyright was a social contract and 2 requirements of a contract seem to be a meeting of the minds, which there no longer is, and value on both sides, which yet again there no longer is.

  46. Tubes. by Anonymous Coward · · Score: 0

    If not Internet Protocol, which network layer protocol do they believe in?

    The tubes.

  47. i forget who said it by ImTheDarkcyde · · Score: 1

    Just because everyone is doing it doesn't make it right, it just makes a whole lot of people wrong.

  48. The end of extra profit by Anonymous Coward · · Score: 0

    What we see is classic demad-supply curve. File sharing (illegally) produces supply (you can download copyrighted material almost for free). Because it's that "cheap" (well, it's not purchased legally, and you can't deny that) we all use it. It's even so cheap that you download crap you don't even like or care for.

    Once "everybody" stops paying for this content, studios stop producing new content (of course, there's no money in it). No content, no downloads, no theathers, no radios, no nothing. Nobody's gonna be happy about that, neither studios nor consumers.

    So guess what happens? Studios will finally start to compete. You could finnaly legally buy a movie for what it's acctually worth. Of course, that means no more millions and millions of dollars for so called "stars". I mean, how is acting / performing worth that much? It's not. Plain and simple.

  49. Freeloading by Microlith · · Score: 2

    What's that? A bunch of college students see something they want and can get it without paying? And they're all over it?

    Who would have known.

    No, they simply don't care about "Intellectual Property" like the majority of every day people don't. All they care about is that there is some form of entertainment that they want and they can easily get it by downloading it. For free. It's maybe 1 in 1000 that you might find does it for media-shifting or time-shifting purposes but the majority are there because it costs nothing.

    Another thing people that actually produce creative works have to be worried about is if the concept of plagiarism gets washed under, where students who cheat by copying chunks of Wikipedia into their assignments doesn't even cross them as wrong. Or once they get into companies, and think nothing of copying your GPL'd source code into their program, and violate the license blatantly because they don't respect copyright laws.

    1. Re:Freeloading by tor528 · · Score: 1

      Another thing people that actually produce creative works have to be worried about is if the concept of plagiarism gets washed under, where students who cheat by copying chunks of Wikipedia into their assignments doesn't even cross them as wrong. Or once they get into companies, and think nothing of copying your GPL'd source code into their program, and violate the license blatantly because they don't respect copyright laws.
      It has been said repeatedly in this topic, but downloading and enjoying others' works != taking credit and making money off of others' works.
      --
      If I think something is funny, I will probably mod it +1 Insightful. "It's funny because it's true."
  50. at this time of year by deft · · Score: 1

    I was thinking to myself... what sort of nickname is IP for santa?

    --

    There's nothing Intelligent about Intelligent Design.
  51. This result makes perfect sense. by Anonymous Coward · · Score: 0

    This result makes perfect sense.

    Here's why:

    First, ask people if they think that listening to free music on the radio is "stealing". Almost nobody thinks that.

    Now ask people what the difference is between listening to free music on the radio versus listening to music files they got free from P2P. They will say:

    (1) The technology is different (FM analog encoding versus MP3 digital encoding).

    (2) With P2P, you have much better control over what you listen to, and when.

    So now we ask: Does having much better control over your listening schedule cause a "moral" behavior to change to an "immoral" behavior?

    (Note that I'm not defending anybody -- I'm just trying to offer an explanatory model.)

    --

    Another way to look at it is this:

    In order to "understand" that copyright infringement is wrong, you have to understand (and agree with) the legal doctrine behind copyright.

    But you've got to realize that people don't obtain their feelings of "moral" and "immoral" by performing legal analysis.

    They obtain their moral feelings based on primitive human emotional reactions.

    The act of theft has a long history that reaches back to the dawn of human existence. The reptilian part of our brains reacts to the "wrongness" of somebody stealing from us and depriving us of our posessions.

    But our generation is the first generation in human existence to encounter the idea of quick-n-easy copyright infringement -- the almost magical ability to instantly take something from someone, yet leave the original intact.

    To view copyright infringement as "theft", you have to apply legal theory, or you need to create a rather sophisticated line of reasoning, such as: "if someone obtains an unauthorized distribution of my creative work, it could increase the probability that they will not purchase it from me".

    Such sophisticated lines of reasoning don't impact the reptilian part of our brains. So we don't perceive this as "theft" from an emotional standpoint.

  52. They are but young...or maybe uncreative by davmoo · · Score: 1

    Anyone who says infringement is not wrong is saying that because they have never had anything they have created used without their permission.

    A person/company who creates something has the right to put it in the public domain, release it under the [insert open license of choice here], etc and so on. But they have the equal right to place restrictions on it, and expect users of their creation to abide by those restrictions. If you don't like those restrictions, you have one valid option...don't use their creation.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:They are but young...or maybe uncreative by Andrew+Cady · · Score: 1

      If you don't like the use that people make of copies of what you have created, you have one valid option: prevent them from doing so. But validity does not amount to possibility.

    2. Re:They are but young...or maybe uncreative by davmoo · · Score: 1

      People like you are precisely why companies like Microsoft have to resort to abominations like WGA, and companies like Sony resort to root kits.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    3. Re:They are but young...or maybe uncreative by prshaw · · Score: 1

      And this is the attitude that is the problem.

      It is not the music or movie industries that are in trouble. It is the entire idea of ownership.

      It used to be that if I didn't own something then it was wrong for me to take it (physical or not).

      But now, the thought is that if you want to keep what is yours you have to protect it so it cannot be taken/stolen/copied. It is no longer wrong to enter someones house that is not locked, it is the persons fault for not locking the door.

      We think we should be able to copy IP because it is 'easy', and we are saying more and more that we can take anything that is 'easy' to take and it is the owners fault for not protecting it better.

      I know you were only talking about IP, but the pattern is in society.

    4. Re:They are but young...or maybe uncreative by Andrew+Cady · · Score: 1

      I think perhaps you misunderstand. I did not express any attitude, I only made a statement of fact.

      The domain of property is necessarily at most the domain of the enforcement of exclusivity. At a certain point in human history, it was impossible to enforce exclusive access to land; before that, land in general was not--could not be--under the domain of property. Then this changed: fences were constructed, and the commons were enclosed. At a certain point in human history, it became feasible to enforce restrictions in the use of (some) airspace and ocean space, and only at that time did it become possible for such things to be property. Currently, there is a recognition that pollution into the air must be curbed, and there is talk of bringing emissions into the domain of property; but since enforcement of the exclusive right to pollute is not currently technically feasible, "pollution credits" are simply impossible (for now). Pollution is not (currently) within the domain of property. This is a matter of technical fact; legislation cannot change it (except perhaps by funding new technology).

      Technohistory has for the most part expanded the domain of property with time, but in the case of information there has been an unusual reversal. Copying is now more possible than it once was, and its prohibition less feasible. The intellectual property rights of the copyright holder owe to their very existence the possibility of restricting copying, and this possibility is now in serious doubt. One can bitch and moan about this, much as one can bitch and moan about the fact that land is property; but that changes nothing. If exclusivity can be enforced, there is property; if it cannot, there is no property; and this is a matter of technical fact, not law.

  53. Because that crowd will then own something by bobbonomo · · Score: 1

    Simple. In 10, 20, 30 years some of those people will own something or have invented a gadget or game or written a book which took years to research. (expand on this in your field, try music). Now someone is publishing that or using "your stuff" to make money, lots of money. It won't be so funny then.

    The best example of that is a blogger with a popular site that brings in 60-70 bucks a day in Adsense. All of the material is from someone else and all the images are hotlinked to another sites. One of those sites is yours and now because that site is so popular you get to pay 10 dollars a month in extra bandwidth. You are a pro photographer and have invested lots of time and much $$ to work up your portfolio. Hey that site even sells your pictures. Nada to you.

    I fit neither of the descriptions above so copy away. Will it be that much a non-issue when it affects you directly?

    Please no comments about money not being everything. True to a point but not when you are late on your rent or car payment or mortgage. Yes Mortgage, from the french language meaning a death pledge, something you pay till death.

    1. Re:Because that crowd will then own something by Osty · · Score: 1

      The best example of that is a blogger with a popular site that brings in 60-70 bucks a day in Adsense. All of the material is from someone else and all the images are hotlinked to another sites. One of those sites is yours and now because that site is so popular you get to pay 10 dollars a month in extra bandwidth.

      Meh. It's easy enough to simply redirect offending hotlinkers to obscene pictures. Imagine the ad revenue hit when that blog linking your picture of a butterfly suddenly starts displaying a penis or poop instead. And since you're redirecting, the bandwidth cost on your site is minimal (push it to somebody else, who can then redirect as they please). If you want to be nice about it, create a 1x1 transparent gif and redirect to that instead. Or better yet, spread around the redirection so that you're not giving massive traffic to any one site yet you still get the full effect of hurting people you don't want hotlinking your stuff.

      Just one note: I have no problem with linking in general, and I'm not a fan of blanket "no-linking" policies that many sites have. While I've been known to redirect image links on occasion, I do so in response to specific links that I don't like (for example, somebody linking an image on my site as a myspace background) and will target redirection to just that item and site. Of course if I don't like you linking my stuff, you're going to get something extremely gross in exchange, and you're probably not even going to know it unless you visit your site every single day (and even then, caching may keep you from seeing that I broke your link while your visiters get an eyeful of gaping hole ...).

    2. Re:Because that crowd will then own something by bobbonomo · · Score: 1

      Oh I am blocking. I like the poop thing but redirecting to someone else...Hmmm then I become just like that blogger. Sorta. Just being gross/obscene I kinda like but what if a kid comes by?

      Getting back to the IP subject, aren't we then just protecting our IP which only 2% of college people believe is OK?

      To be fair to bloggers, the majority of them do not even know they are doing this hotlink thing because it is just something that is there on the Internet and it's all free. Right? Hmmm I'm in a loop here.

      If someone reading this is doing this hotlink stuff, Hey just steal my image outright and put it in your space.

    3. Re:Because that crowd will then own something by bobbonomo · · Score: 1

      Bad maths. Not 2% more like .4 of a percent.

    4. Re:Because that crowd will then own something by Osty · · Score: 1

      Oh I am blocking. I like the poop thing but redirecting to someone else...Hmmm then I become just like that blogger. Sorta. Just being gross/obscene I kinda like but what if a kid comes by?

      When I'm redirecting, it's either because I don't want a linker killing my bandwidth limit and costing me money (why I'll block sites like myspace), or because I dislike the source of the link (why I'll block sites like myspace :). In the former case, it'd be best to just redirect to a 404 or if you're feeling gracious a thumbnail of the actual image, but I've really not run into many high-volume hotlinking situations. In the latter case, I'm redirecting to gross/obscene stuff in part because I dislike the source, but also because I'm teaching a lesson about linking. If a kid comes by, that's not my problem -- you're looking at somebody else's site, and they're the ones who'll take a beating for violating TOUs and such ("no porn" policies, for example).

      Getting back to the IP subject, aren't we then just protecting our IP which only 2% of college people believe is OK?

      This is probably a matter of semantics, but I see it as protecting services which cost me money (bandwidth) and/or protecting my own sensibilities. Then again, I really don't have much people link (the top three are a photochop I did of the Amelie DVD box with Mr. Bean's face in place of Audrey Tautau's, a picture of my cat when he was a kitten, and pictures of my truck), and I'm not really sure I'd consider any of that "intellectual property". If someone wants to copy my images and host them somewhere else, they're perfectly free to do so. I just don't want them leeching my bandwidth that costs me real money.

      If someone reading this is doing this hotlink stuff, Hey just steal my image outright and put it in your space.

      Exactly! :)

  54. What will happen then? by Xelios · · Score: 1

    But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?

    I'd say one of two things, either the media industry agrees to a compromise, in which they have to conceed just as much as the "pirates", or the media industry as we know it will cease to exist. Honestly I'd be happy with either scenario. It's not like all forms of media will suddenly evaporate just because people can't make millions anymore. Christ some actors are getting over $20 million for one film, and they want us to believe the MPAA is having a hard time because of piracy? Give me a break.

    But this shouldn't be news to anyone here. Personally I welcome the future and the changes it'll bring, it's about time the media industry's death grip on entertainment is reset.

    --
    Murphey's fighting Occam, and we're in the stands.
  55. Copying = producing by gnasher719 · · Score: 1

    In this whole discussion, both here on Slashdot and in the comments to the original article, nobody notices that "intellectual property" is just too abstract a concept for many people.

    People will usually agree that if A produces something, then it is wrong to take it away with paying. And if A produces something, and B buys it, then it is wrong to take it away from B. But if, as mentioned in a comment to the original article, a nine year old makes a copy of a CD as a present for his grandfather, then this child sees _himself_ as the producer of the CD, just the same as he would see himself as the producer of a painted picture, or a pair of hand knitted socks.

    I think people are quite willing to pay money to whom they see subconsciously as the "producer". So people pay for pay TV, they play for CDs or music from the iTunes store, they pay for watching movies. DRM is generally disliked because it stops me from "producing" music that my computer is quite capable of producing. But they find it quite Ok to do the "producing" themselves. It's the same as with people willingly paying lots of money in a restaurant, but on the other hand they wouldn't have the slightest bit of bad conscience trying to reproduce some especially good food from a restaurant in their own kitchen.

    Intellectual property is just too abstract for most people.

    1. Re:Copying = producing by Microlith · · Score: 1

      But if, as mentioned in a comment to the original article, a nine year old makes a copy of a CD as a present for his grandfather, then this child sees _himself_ as the producer of the CD, just the same as he would see himself as the producer of a painted picture, or a pair of hand knitted socks.

      Which is about as much thought as I'd expect a nine year old to put into it. These aren't nine year olds, nor are the majority of filesharers. That said, the warez groups in a sense see themselves as producers, the way they take credit for releases almost as if they had any hand in the production of the work they're violating the copyright of.

      It's the same as with people willingly paying lots of money in a restaurant, but on the other hand they wouldn't have the slightest bit of bad conscience trying to reproduce some especially good food from a restaurant in their own kitchen.

      Not quite. A restaurant is both a product and an experience. And while they may not feel any compunction against trying to reproduce some food, those who are willing to try are few and those who would be successful are fewer, much less those who would do it on a scale beyond one meal.

  56. What? by Tatarize · · Score: 1

    You honestly think that a future where only the artists can reap huge profits from their work is one you'd be okay living in?

    Hm. I would too.

    --

    It is no longer uncommon to be uncommon.
  57. If it's immoral, who's the victim? by m4cph1sto · · Score: 1

    Here's where everyone's wrong. At least as far as my personal experience goes. By the time I was a Freshman in college (back in '98), I had a collection of maybe 100 purchased CDs. I continued to purchase CDs at the rate of about 5-10 per year, because that's all I could afford as a student. But I downloaded maybe 1000 mp3s from Napster. The record companies did not lose any money from this action. Had I not downloaded those mp3s, I still would not have purchased the CDs that contained those songs. I downloaded music that I would not otherwise have purchased, for the simple reason that it was so damn convenient.

    I feel that many (though not all of course) of today's college students are in the same situation. Record companies are living in a dream world if they think the average college student with a collection of several thousand mp3s would have actually purchased those songs if they had not been "available" to download for free. Record companies look at the number of songs being shared on the internet and count each one as lost revenue. I say that if most of those songs weren't shared for free, nobody would be listening to them.

    Now that I'm finished school (well undergrad at least), I can afford to purchase all the music I like, and I no longer download pirated mp3s. My act of downloading/sharing mp3s in college may have been illegal, but it was not "immoral", because there was no victim. Record companies did not lose money, because I would not have purchased those songs/CDs anyway (I couldn't afford to). I benefited from listening to the music, and some of the bands benefited from gaining me as a fan - and now that I can afford to, I buy their albums and catch them on tour. So what's the problem?

    The flip side of course is that not everyone is like me. Some people will download all their music and never buy a CD in their life. I say, if the RIAA is going to sue someone for downloading music, the "moral" thing would be to first check the size of that person's purchased music collection. I think they'd find that, in many cases, the biggest downloaders are also the biggest purchasers.

  58. Time after time by DynaSoar · · Score: 1

    > "But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?'"

    The college students will graduate, get jobs, get mortgages and run up other debts, and struggle with the debt load vs. their wages. And they will change their attitude towards ownership and such, just as generations before them have.

    Trust me, I know. I've watched 90something percent of my fellow hippie-era friends and acquaintances become right wing conservatives. If they'll do it, generations less committed to their own hubris are all the more likely to.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
    1. Re:Time after time by Anonymous Coward · · Score: 0

      and thats the diffrence.

      your kids watched you grow old and turn into the worlds biggest hyopcrites.

      the hippies all claimed they were going to change the world for the better. And went on to make it worse than ever before in the name of greed. a generation of hypocrites who sold the future down the river to make a buck and get what they wanted.

      Man... are you going to be suprised relying on the next generation to take care of you in your old age. You raised a generation that is pretty much apathetic to everything. Including to you.

      I hope your retirement is very well funded. Because we learned your lesson well. The dollar is king and nothing else matters but that I GOT MINE.

    2. Re:Time after time by Anonymous Coward · · Score: 0

      The boomers are the most narcissistic generation in the history of the U.S., and I think they have good reason to fear what future generations will do since the boomers weirded them. They'll be fatter, have greater entitlement complexes, be even more self-absorbed, and spend the country into the ground even faster than the boomers, and the boomers killed the future of this country. So while the boomers spend more and more of their money making themselves as ugly on the outside with spurious plastic surgery as they are on the inside in their retirement communities (assuming they can be made to turn over the keys to the kingdom) their grandchildren will be driving the country straight into the abyss.

  59. Morality by c0d3h4x0r · · Score: 1

    It's more moral to support the free exchange of information and content, and the consumer's right to do whatever they want with something they own, than it is to let greedy powermongers have all the control.

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    1. Re:Morality by prshaw · · Score: 1

      >> the consumer's right to do whatever they want with something they own

      When you pay to have a song written, pay to have it set to music, pay to have it recorded, and then release it, you own it.

      But when you purchase a CD that someone paid for you are only purchasing the license they want to grant.

      Your choices are to agree to the license and purchase it, or to not agree to the license and don't purchase it. Just because you don't like the conditions doesn't give you any right to change them to something you do like.

      Licenses are contracts and it requires very special conditions to have one side alter them after they have been agreed to and finalized.

  60. Paid for work or paid for ownership? by erroneus · · Score: 0

    I think there's a division that people truly do not want to address: The notion of being paid for having ownership.

    For the vast majority of us, we can understand, respect and appreciate the notion of being paid for the work we do. We work an hour or work a month, we do our jobs and we get paid. But then there's the other side of things that are deservedly despised. Does the word "landlord" carry a negative meaning? It usually does. Does the idea of "flipping" something disturb you at some level or somehow comes across as wrong? What about people who wait in line to buy a Nintendo Wii only to turn around and sell it for twice the price? Is it wrong? What about ticket scalpers? What about lenders? How about "management" or "executives"?

    We've got this system we're living under where not only does owning something yield revenue, but the stuff that the average person can own is HIGHLY restricted. This is an overly simplified depiction, but in our system, relatively few people own everything and the rest of us pay to use it.

    But while the majority of us do not respect "IP" the majority of us have been severely limited in the ways we can push back against the system that was built against us.

    My brother tells me that life is a huge game and those that are winning get to make and change the rules..and keep them secret. Even so, the key to winning is knowing the rules and using them to your advantage. While I have to acknowledge the truth in that observation, I can't help but despise the road one must travel in order to become a winner of such a corrupt game.

    The main idea of this story is to foreshadow a civil disobedience revolution against big media. The problem is that the disobedient will soon be marked forever as felons and will lose the right to vote and therefore cannot influence the future of government. While I would welcome to see massive civil disobedience resulting in a change in IP definition, laws and enforcement, I would be rather reluctant to participate myself... as would many others. Low participation rates guarantees failure. There must be a better way.

    1. Re:Paid for work or paid for ownership? by domatic · · Score: 1

      There is an alternative to the "civil disobedience" you describe: Neither download illegally OR buy CDs. Or at least don't buy CDs from RIAA labels or independents who support insanity in copyrights. While we're on the subject, whether lawful or not I'm increasingly cynical about my ability to influence the government. At least I can deny my cash to the ones who ARE influencing government.

    2. Re:Paid for work or paid for ownership? by erroneus · · Score: 1

      ...you realize there's that "low participation" problem I mentioned in the civil disobedience thing before? There's even less chance of massive participation in any boycott plan.

    3. Re:Paid for work or paid for ownership? by domatic · · Score: 1

      Boycott schmoycott. I'm just not giving money to people who offend me. I have a limited number of entertainment dollars that I choose to spend on things whose makers don't make me want to spit. It's not as though I'm going to shrug my shoulders and just give these assholes the money anyway. Although Orrin Hatch would probably just push a law through saying they're entitled to my money whether I want to give it to them or not.......

      I'm not bearing the standard for a cause or movement and could really care less if others are with me. The RIAA is on my shitlist and therefore gets nothing from me. Come to think of it, a multitude of individual shitlists may explain a lot of their problem.

  61. Only 2 in 500 care enough to raise their hand by kramer · · Score: 3, Insightful

    It's not that only 2 in 500 believe in IP. Only 2 in 500 care enough to raise their hand in public. More probably don't want to look bad in front of their peers, or didn't want to risk being held up as an example by the strongly biased speaker.

  62. Morality by Yaa+101 · · Score: 1

    Young people are not immoral they are different moral, they will change the rules just like the current dominant generation did to their parents generation. This is called evolution, if you don't believe in that then tough luck, there won't be a rapture, you won't go through start and won't receive 50 dollar.

  63. Flower Power! by a_nonamiss · · Score: 5, Insightful

    It'll be just like when, in the 1960's, most young people had a laid-back attitude towards drug use, which was illegal at the time. Now, 40 years later, those people are in power, and drug use is perfectly... uh... oh... wait. Never mind.

    --
    -Arthur
    Cave ne ante ullas catapultas ambules
    1. Re:Flower Power! by Andrew+Cady · · Score: 1

      Of course, it's not actually true that the people who in the 60s had a laid-back attitude toward drug use are those that are now in power. Or if they are, they at least do not have the power even to admit as much.

    2. Re:Flower Power! by MMC+Monster · · Score: 1

      A lot of those people were just doing marijuana. Marijuana is at most as dangerous as alcohol or cigarette smoking. You can't overdose on it. It may cause lung cancer if you smoke it as much as you do cigarettes, but that's almost impossible. The high it gives can be similar to being drunk on alcohol.

      On the other hand, marijuana improves appetites in the terminally ill, and may improve tolerance to severe pain in some individuals.

      So, why again is marijuana illegal?

      --
      Help! I'm a slashdot refugee.
    3. Re:Flower Power! by eric76 · · Score: 1

      It'll be just like when, in the 1960's, most young people had a laid-back attitude towards drug use, which was illegal at the time.

      Most young people I knew in the 60's, myself included, did not have a laid back attitude towards drug use at all.

      Sure, there were young people who had a laid back attitude toward drugs, but they weren't anything close to a majority.

    4. Re:Flower Power! by jez9999 · · Score: 1

      So, why again is marijuana illegal?

      Same reason why religion exists. Young humans are remarkably easy to indoctrinate to your way of thinking, no matter how wrong or illogical it is.

  64. What will happen then? by localman · · Score: 1

    But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?'"

    Most likely, they'll do an about face when their paycheck depends on IP. Some of the will work for media companies and will suddenly "see the light" about copyright infringement. It's like how today's "conservatives" (whatever that means in today's context) were dodging the draft and speaking out against the Vietnam war when they were of drafting age. And how all the folks who smoked pot back in the sixties sear that it's bad for today's young people to do it.

    In other words, not much will change. Kids will still use tech to circumvent copyright and execs and such will still preach against it.

    Personally, i believe in limited IP (I'm age 34). I think it's a useful concept, but it's been abused. By abusing it, by extending it beyond it's intent, I have little sympathy for the IP royalty (pun intended) now. I'm not at all surprised today's college kids don't care.

    Cheers.

  65. X.25 is better by Anonymous Coward · · Score: 0

    I don't believe in IP either, thats why we still run X.25

  66. RIAA has had a raging victory! by Arancaytar · · Score: 1

    They have successfully established themselves as Evil in the hearts and minds of all right-thinking people.

    Wait, that wasn't what they were trying to accomplish? Could have fooled me.

  67. corporatism by nEoN+nOoDlE · · Score: 1

    I don't like how the author equates fair use and piracy with morality. People are getting jaded with corporations taking away their rights, and their jobs to make a profit. A week doesn't go by without hearing about some corporation letting go of thousands of Americans so they could save money using outsourcing or of a company suing their customers. The days of being a lifelong member of a company are gone, and with that went company loyalty. So it comes as no surprise to me that less and less people care about screwing over a corporation since less and less corporations care about screwing over their customers and employees. Equating that with some kind of moral decline among youth is wrong. Now switch those examples in the article over to a hypothetical stealing of a movie from your friend's collection and you're going to have a better test.

    --
    Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
  68. No win situation by edwardpickman · · Score: 1

    People have decided if they can get it for free they shouldn't have to pay for it. The rationalizing agruments are either that they cost too much or some people make 20 mill a film. Very few people make 20 mill a film and percentile wise very few actors make 1 mill a picture. For everyone making north of 10 mill a film there's a 1,000 people making one side or the other of a grand a week and they at times only work three to six months out of the year. The people at the top are the last to take pay cuts not the first so it's the people at the bottom that suffer most. Already most production has moved out of country. Notice all the new Canadian stars? It's not because there are more Canadian actors all the production is done there and either they hire locals to save a buck or they are generally required to mostly hire locals. Entertainment can't survive the market shift since the new model seems to be make available free. People don't want more commercials but that would be one of the few revenues streams they'd be left. Expect radically more draconian security measures and more lawsuits in the near term because they will go down fighting but in the end everyone will loose because all that will survive are garage bands and Youtube fodder. Yes there will be some films made and some artists touring but expect ticket prices to expode. Video gaming is threatened as well so expect changes there. Network television as we've known it is half dead already and I doubt they'll be producing much original content past the next ten years. The movie industry may hang on for another 20 years in some form but expect average budgets to drop to 3 mill and they'll be a lot more like current TV than the big budget features people like to watch. I've heard models proposed like "well I'll pay a buck a piece for movies". Based on what I've seen even given that option most won't pay for it and given the budget of some blockbuster films every person in the country would have to buy a copy to break even. The math never works. The simple fact is people are unwilling to pay if they have options so the film industry and much of the music industry won't survive. You can't exactly do live performances on movies and theater attendance has been dropping off steadily. It's hit the break point where if they charge more people won't go. The problem is most films just count on breaking even in the theater then they make their profits off DVD sales. Take that away and they loose money. They can drop the budgets but do you want to pay $10 to get in and $5 for popcorn to watch a 3 mill movie? Most won't. I realize it's a troll argument and the good music and movie fairy is going to save us all but entertainment is driven by dollars. Take away the profit and the studios will be torn down for condos and the backers will get into the stock market and real estate. Can't happen? Anyone ever been to Century City? It was 20th Century Fox's backlot back in the day. I say by 2030 most of the studios will be bulldozed for condos and what little production that's happening will all be in India and China. Broadcast TV will be reruns with some cheapie reality shows but mostly infomercials. Worst case senario is it goes all infomercials, it's halfway there now.

  69. Why most people don't believe downloading is bad.. by HockeyPuck · · Score: 1

    Because they don't own any downloadable content.

    I've written plenty of documentation and books, and I've always given away the .pdfs for free. However, when it came to deciding to charge for it (I'd like to make a few bucks for all my hard work). I wanted to make sure that the downloadable version they were getting could not just be downloaded once and passed on to every networking guy in IBM.

    Most of these kids that are being surveyed don't own any 'IP', songs, movies etc, whereby they could get revenue from each copy sold.

    Just like your attitude towards kids/education changes when you have a kid of your own, your attitude changes when you've got content that you hope to get paid for.

  70. A lost generation. by MULTICS_$MAN · · Score: 1

    Next thing you know they'll be thinking that it's OK to read a book or listen to a radio. Hell, next thing you know they'll be thinking it's OK to think. Then where will the poor media conglomerates be?

  71. Egg nog by Osty · · Score: 1

    Dipping into the egg nog a bit early, are we?

    If you are going to dip into the egg nog, at least do it right. Drinking that pre-made swill is not recommended.

  72. I don't think they properly established her guilt by Anonymous Coward · · Score: 1, Interesting

    > The jury saw through it and punished them for it.

    You're giving that jury a bit too much credit. One of the jurors was bragging about how he'd never used the internet before. All the rest wanted to give her the maximum fine, except for one who gave the minimum.

    Kazaa isn't easy to understand, and the only evidence she used it at all was her email. Given the evidence collection "practices" discussed in the MediaDefender leaks, and the fact that they listed the wrong shared files the first time, I'm not overly inclined to trust that that was never added or manipulated to their "evidence." If you examine how fly-by-night these folks are via the above link, you'd understand my worry. And yes, I know that MediaDefender isn't MediaSentry, but I've yet to see how they're different in practice, especially given the information on the collaboration between the two which is mentioned in the above leak. But don't take my word for it, read it yourself. If you have any interest in these things at all, it's NOT boring.

    The only thing that made her look guilty, IMHO, was listing the wrong year for the date her hard drive died. It died before they sent her any legal threats and she had the guy who replaced it testify that it really was replaced because it was dead.

    I don't think someone deserves to have their life ruined to the tune of $222,000 over that. But that's why I donated to her legal defense fund.

  73. This is good news by nurb432 · · Score: 1

    However, it will take at least 2 generations to make a real impact.

    --
    ---- Booth was a patriot ----
  74. Wait Until Those Students Create Some IP by SwashbucklingCowboy · · Score: 1

    Then they'll be more interested in protecting IP...

  75. How would Tom Stoppard put it? by Minwee · · Score: 1

    "I don't believe in it anyway!"

    "What?"

    "IP."

    "Just a conspiracy of network engineers, then?"

  76. Inevitable. by Almahtar · · Score: 1

    Deep pockets can't hold progress back forever. Their business model is arcane.

  77. People value fairness by ibn_khaldun · · Score: 1
    There is a whole lot of recent psychological research that shows that humans (though not chimpanzees) have a strongly developed sense of fairness. In particular, if they see someone trying to get more than they deserve, they will extract revenge (Google "ultimatum game" for details).

    Now, consider the situation of the RIAA and MPAA

    • The marginal cost of distributing the content -- that is, the cost of one additional unit -- is very close to zero, so any gains from that may be seen as unfair.
    • There is no violence involved in the "theft"
    • The victim of the "theft" is not an individual but a corporation, an abstract entity that exists only as a legal convenience. These folks aren't mugging grandmothers.
    • There is a long and elaborately developed popular wisdom -- which may well have considerable basis in reality -- that most of the money in the entertainment industry goes to assorted corporate sleazeballs who spend their lives ripping off artists, so the individuals truly responsible for the creative content get ripped off either way. Notice that we have a writers' strike? And happy campers who just love industry contracts such as Prince?
    None of which favors the industry in the "fairness" category. Add the fact that unlike the Ultimatum Game, the individuals inflicting the "punishment" actually derive some small benefit from their actions, and the likelihood that the RIAA and MPAA will succeed in the long run is pretty close to nil, though like any wounded monster they will do plenty of damage in the process of going out of existance. But similarly, the idea that the demise of IP -- or more specifically, IP as it has been defined in just the past ten years or so -- means the collapse of civilization as we know it is equally misguided.
    --

    "All successful systems accumulate parasites" -- Hal Hixon

  78. Isn't private data.. by cyberjock1980 · · Score: 1

    Isn't private data supposed to be... well... private?

    I know.. I know.. Common sense need not apply, right?

    1. Re:Isn't private data.. by cyberjock1980 · · Score: 1

      Sorry.. wrong message. I'm stupid today :P Of course, I might be stupid every day and I just don't know it!

  79. Obligatory reference by Dpaladin · · Score: 1

    "What about IP law?"

    "Intellectual property? I don't believe it exists."

    --
    Bad puns gave me bad karma. =(
  80. IP is a joke because society is a joke by jihadist · · Score: 1

    Your society failed them first.

    The music they're downloading? It's crap for easily-fascinated imbeciles. Pop, hip-hop? Give me a break. Anyone with six months of musical training will tell you there's no brain growth in this garbage.

    The books they're downloading? Pulp pumped out by underpaid writers on trendy topics as quickly as they can.

    The software they're copying? When the manufacturer wants $400 for a simple application, who can afford it, especially if it barely works sometimes. It's a sad state of humanity that if aliens did attack, all of our software crashing at once in a panic would doom us faster than their death-rays.

    So yeah, no one believes in IP, and they won't until (for the 2% who do) they end up needing it for income. Google AdSense works for now, but might not in the future, and so IP might be something they want. But for now, they've never seen anything so good it should be paid for you.

  81. Underwear stealing child eating donkey fucker by Anonymous Coward · · Score: 0

    Does the reverse hold true? If everyone believes something is right or true, is it simply made so? If everyone believes you're an underwear stealing child eating donkey fucker, is it true regardless of the facts? No...

    The backlash here isn't because record labels and movie studios make money - it's because they've abused their "power", gone well above a fair profit and have made too much money. The simple fact that they have hired a rabid heard of lawyers to sue anything and everyone regardless of public opinion means that there is just too much money involved. How often have businesses sued their customers and gotten away with it for years at a time without serious impact to profit margins? They're used to making an unsustainable amount of profit, and now they'll do whatever it takes to hold on to it for as long as possible. Will lawyers, record labels, movie studios - middle men - ever go away? Not likely. The record labels and movie studios will alter their business practices when they have to, when the market dictates it. There will always be someone in the middle, the value adding reseller. Who knows, ISPs might turn out to be the next RIAA now that anyone can make a song or a movie. Look at Clear Channel, they own billboards, over 200 radio stations, 40 TV stations, and they produce concert tours. How long before they get into the ISP market, last mile connections to the home, or some other form of mass digital media delivery?

    1. Re:Underwear stealing child eating donkey fucker by catprog · · Score: 1

      You say everyone does that including the person who is the underwear stealing child eating donkey fucker. Now for a bit of philosophy. If he believes that he is, is he?

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
  82. Fair Use by falconwolf · · Score: 2, Insightful

    Fair use, though, isn't to allow you to take parts of a copyrighted work and use it in another work wholesale. Fair use is all about using things for purposes of critique

    Fair Use also allowed for education, teaching, and for backups. Of course making a copy of a book for backups was actually more expensive than just buying a new copy.

    Falcon
    1. Re:Fair Use by eric76 · · Score: 1

      Fair Use also allowed for education, teaching, and for backups.

      The only fair use exemption for backups is for backups of software distributions -- one copy only.

      There is NOTHING in the law permitting one to make one or more backup copies of anything else as "fair use".

      Making a "backup copy" of a book is, in fact, a copyright violation just the same as it is to make a "backup copy" of a music cd or a movie dvd.

    2. Re:Fair Use by falconwolf · · Score: 1

      The only fair use exemption for backups is for backups of software distributions -- one copy only.

      Yea, I don't know if it's still in the ULA but MS used to have a clause in, at least some, agreements that the user was able to make 1 backup.

      There is NOTHING in the law permitting one to make one or more backup copies of anything else as "fair use".

      Maybe I remember wrong, but I vaguely remember making a backup was fair use. It doesn't surprise me, with my memory as bad as it is.

      Falcon
    3. Re:Fair Use by edwdig · · Score: 1

      There is NOTHING in the law permitting one to make one or more backup copies of anything else as "fair use".

      The law spells out the big things. Fair Use is the little things that go against the spirit of the law but have been determined to be ok, as they don't go against the spirit of the law.

      Backup copies of software ISN'T Fair Use. It's an explicit exception to Copyright Law. It was made because when the laws were written, it a reasonable thing for people to do.

      Taping TV shows with a VCR is considered Fair Use. It's not allowed in copyright law, but the courts ruled that it was a reasonable thing to do as it's just a matter of personal convenience, hence time shifting became Fair Use.

      Also, the Audio Home Recording Act allows personal copies of music. Not just for backups, but for giving to family members and for use in portables. Don't ask me the specifics of it though, as it's a confusing law.

    4. Re:Fair Use by Darby · · Score: 2, Funny

      Maybe I remember wrong, but I vaguely remember making a backup was fair use. It doesn't surprise me, with my memory as bad as it is.

      No worries, as long as you remember to pay me back that 20 bucks from that time we were at that place to see that thing with those guys.

    5. Re:Fair Use by eric76 · · Score: 1

      Backup copies of software ISN'T Fair Use. It's an explicit exception to Copyright Law. It was made because when the laws were written, it a reasonable thing for people to do.

      The actual term is "Limitation on exclusive rights: computer programs". But it is a good point about that not falling under "fair use".

  83. "What will happen then?'" by alizard · · Score: 1

    Business models that don't depend on Federal criminal enforcement will evolve. We get cheaper and more convenient music. The corporate players in the current industry will adapt or die. The average musician will probably make a bit more money, though we'll have fewer "superstars" and no more manufactured "superstars". (i.e. nobody will ever replace Hannah Montana. How sad.)

    Pogue might as well have lamented the passing of the horse 100 years ago. While it's ironic for someone to use the Internet to dispense punditocratic Old Wise Man views of the horrors of change, the Net lends itself to that sort of irony.

    Times change and business models either change with them or wither away.

    1. Re:"What will happen then?'" by stewbacca · · Score: 1
      As if Hannah Montana were some sort of manufactured insta-hit? Her dad is a one-hit wonder mullet-wearing country singer. Hardly the formula for insta-success. Maybe, just maybe, Hannah Montana is a well developed show with a really talented teen? Maybe Hanna Montana is popular because kids and families alike like it?

      Then again, the same thing could be said about pretty much any pop-culture icon, but at least Hannah is the least offensive of them all.

  84. Direct result of scare tactics by sinthetek · · Score: 1

    This is one of the direct results of scare tactics used by big corporations and governments everywhere. By sensationalizing and exagerating losses/damages, the RIAA, MPAA and others have essentially cried wolf so many times that many young people have decided to dismiss IP laws altogether. The problem here isn't mere apathy, it's disbelief and this disbelief will continue to propagate until governments/corporations start growing a pair and realizing who is really supporting who. By inflating prices unnecessarily, they have essentially forced many people to go without or steal. Not surprisingly, when forced to choose between the two, many young people choose to steal. Since record prices were already inflated and most of their friends are in similar situation, they don't see much/any harm it could cause and this line of logic gets applied to other forms of IP. This is similar to what i consider the TRUE gateway drug affect of marijuana. Sensationalized reports of damage from it hurts credibility when kids discover it is actually relatively harmless. Kid then proceeds to doubt similar reports about other drugs. This makes more sense to me than the common assumption that marijuana alone acts as a gateway (which is akin to saying cheeseburgers alone acts as a gateway to obesity). In either example the best mechanism to combat potential harm is information, understanding and honesty.

  85. BSD or GPL by falconwolf · · Score: 1

    I support the GPL over BSD-style licenses because I don't like the idea of Free code being used to improve proprietary software,

    I prefer BSD as, as a programmer, it allows me more freedom to do what I want with the software I program. This coming year I want to start a business in photography, and to make it easier to run the business I want to create some programs. If I'm going to spend much tyme writing the programs I'd like to be able to sell it to other photographers. Using a BSD style license I could make it harder for someone else to take my work and sell it as their own, whereas with a GPL I couldn't prevent anyone from selling the software themselves.

    Falcon
    1. Re:BSD or GPL by eric76 · · Score: 1

      Using a BSD style license I could make it harder for someone else to take my work and sell it as their own, whereas with a GPL I couldn't prevent anyone from selling the software themselves.

      There are, of course, a number of BSD licenses. Those that I have seen were considerably less restrictive than the GPL.

      The OpenBSD license is so open that GPL code can not be included in OpenBSD at all. They do not distribute the code but the ports tree does provide you with the ability to include the non-free software that is licensed with the GPL.

      So I'm rather puzzled by your statement. Of course, there could be a BSD license out there somewhere that does make such restrictions. I just haven't seen it or heard about it.

    2. Re:BSD or GPL by falconwolf · · Score: 1

      So I'm rather puzzled by your statement. Of course, there could be a BSD license out there somewhere that does make such restrictions. I just haven't seen it or heard about it.

      Though I don't recall which BSD license it is, or if there are more than one, but there's one that allows code to be closed. The only requirement is that for any code a programmer uses that someone else wrote using the license they have to be given credit. Here it is, the NetBSD license: "The Berkeley license is a rather liberal license. All it requires is that the author of the work be given due credit for their creation, and that their name not be used to promote products based on their work. It allows free distribution, as long as the terms are followed, and also allows people to modify the work and not distribute it, if they so choose. Some contributors also omit the third clause."

      Further down it says this: "One thing that some people don't realize about Berkeley-style licenses is that they allow licensees (the users of the licensed work) to sell the code, in any form, with or without modification, and that they make no requirement that licensees give away the source code, even if they're selling binaries. This provides a striking contrast to the license terms granted by the GNU General Public License, because the GPL requires that, if you're distributing binaries, you must be willing to give away the sources to build those binaries."

      Falcon
    3. Re:BSD or GPL by Haeleth · · Score: 1

      the ports tree does provide you with the ability to include the non-free software that is licensed with the GPL.
      Describing BSD-licensed software as freer than GPL-licensed software is a reasonable point of view. Describing GPL-licensed softare as "non-free" is trolling. Please don't troll, this is meant to be the season of goodwill.

      Of course, there could be a BSD license out there somewhere that does make such restrictions. I just haven't seen it or heard about it.
      There was one a while back called something like the "BSD Protection License", though I don't think it was a BSD-style license in anything but name. Perhaps the GP was thinking of the old-style advertising clause or something?
    4. Re:BSD or GPL by Attila+Dimedici · · Score: 1

      So, let me see if I got this right. You want to take software other people have written, that you get for free, make a couple of changes to it and sell it to other people. Then you want to make it so that they can't do to your software what you did to someone else's software?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:BSD or GPL by ichigo+2.0 · · Score: 1

      What the GP meant was that using a BSD style license it would be easier for him to take others work and sell it as a part of his own. There is no point in creating a program from scratch and licensing it under an open source license if you're not planning on distributing the source.

    6. Re:BSD or GPL by falconwolf · · Score: 1

      So, let me see if I got this right. You want to take software other people have written, that you get for free, make a couple of changes to it and sell it to other people. Then you want to make it so that they can't do to your software what you did to someone else's software?

      No, I want to write as much of the software as I can myself. But what I don't write I want to be able to incorporate. I also want to create a unified front end to tie different modules together. For instance a photographer can create a database for the business, then when entering a shoot or assignment into the db the photos taken they could also call up a spread sheet to enter expenses. The billing module would then be called to send the billing to the customer via email or snail mail. If a photo needs to be edited, whether simply cropping it, to adjusting colours, something more manipulative the editor can be launched from within the db. The point being that a photographer has one interface with which they could call whatever they need to.

      I wouldn't, as well as couldn't, prevent anyone else from doing the same thing as I do with I didn't write myself. Knowing what programs I use you would be able to do the same thing. You'd just have to write your own unified interface.

      Falcon
  86. bad statistic by Anonymous Coward · · Score: 0

    yeah, thats a good way to get statistics about this topic. Ask a crowd of college students whether they support MPAA and the rotten music industry around all your peers and friends. Im sure there will be a lot of people raising their hands! (sarcasm off)

  87. Common sense is a function of the law by jd · · Score: 1
    First off, I am firmly convinced that "accepted morality" will always be on the edge (or just over) of what is legal, so it is inevitable that if, oh, N% of the population would break the law at one point in time, N% will break the law at some other point in time, no matter how the law changes between those times.

    By that logic, the law, then, should be slightly stricter than necessary and applied leniently. People will remain on the edge of what's legal, but lenient interpretation would then place the vast majority of those within the limits of what is acceptable. Liberalizing the law and making it more strictly enforced has made for a more predictable society, but it has also placed far too many people in prison and has created an atmosphere of despair.

    There also needs to be a better understanding within Government and corporations alike as to whether they want short-term or long-term profits. They can't have both. If long-term gains are what really matter, then there are three question marks. Firstly, does piracy really have a long-term impact on sales?

    (Not day-by-day sales, but overall. Will the number of copies sold over the lifetime of the product really be different, or will it merely change the sales figures from a high initial value that rapidly shrinks to being something that is much more uniform? If, over ten or twenty years, the total sales are absolutely identical then the companies have lost not a single sale. All they have lost is the interest they would have earned.)

    Secondly, is the problem in the piracy itself or in the original investment?

    (Profit is the return on investment. The more you invest, the better the product. The better the product, the more it will sell. However, the return will increase non-linearly. There is an optimum level. However, that ignores memory/associations. If you factor in what the customers expect, then the optimum will shift. If customers have had good experiences in the past, the next product is likely to get greater interest. Conversely, bad experiences will reduce interest. It is generally assumed that it is ten times easier to lose interest than to increase it, and that doing nothing is as bad as producing crap.)

    Thirdly, is there a way to change the taxation system to curtail short-term profits but refund over the long-term?

    (If the profits are no different whether the profits are immediate or distributed more evenly, especially if there are tax credits for investment and tax penalties for balance sheet rigging, then the RIAA and MPAA might, just might, back off. Their mode of operation would cost them too much.)

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  88. Interesting consequence of no and yes. by Anonymous Coward · · Score: 1, Interesting

    "Of course not, but that's not a completely arbitrary human concept which only exists for as long as it's supported by the population composing the society from which the concept arises."

    And therein lies the problem with humanity. While "I'll believe it when I see it" carries more weight than "thou shall not". The belief that moral and ethical laws aren't as concrete as the physical laws. And the violation of them carry no consequences. Anyone with an attention span greater than a human life can plainly see that there are moral and ethical laws that are as involitable as E=MC^2 and carry as grave consequences when abused indescrimminantly.

    Now as far as the story is concerned. I've pointed this out in the past. People who behave with the attitude mentioned grow up to become adults who can't be trusted. Trust is not what someone gives you when they can see you, but what you get when their backs are turned. Can I trust the public to respect my wishes when I can't observe them 24/7? Why should they in turn be respected and trusted? Do you all even see the corrosive effect the attitude has on the cohesiveness of society? You all are getting a surviellance society in part because you can't be trusted. And no I'm NOT just talking about government cameras.

    Keep believing that your senses define right and wrong and "thou shall not" is some arbitrary concept and you'll get the foundationless society you all deserve.

    1. Re:Interesting consequence of no and yes. by AlterTick · · Score: 1

      Now as far as the story is concerned. I've pointed this out in the past. People who behave with the attitude mentioned grow up to become adults who can't be trusted. Trust is not what someone gives you when they can see you, but what you get when their backs are turned. Can I trust the public to respect my wishes when I can't observe them 24/7? Why should they in turn be respected and trusted? Do you all even see the corrosive effect the attitude has on the cohesiveness of society?... Keep believing that your senses define right and wrong and "thou shall not" is some arbitrary concept and you'll get the foundationless society you all deserve. Inevitably, some fucking tard like you comes up with this exact counter-argument every time someone suggests that perhaps it is the law that is wrong if the majority of people disagree with it. Your presumption that such folks are for completely throwing out all aspects of law and morality just because they disagree with one very narrow aspect is a straw man. With such ill-reasoned logic, it's no wonder you post as AC.
      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    2. Re:Interesting consequence of no and yes. by yndrd1984 · · Score: 1
      that there are moral and ethical laws that are as involitable as E=MC^2

      That's absurd. Look, I just insulted you, violating the "involitable" moral law that one should be kind to others!

      The belief that moral and ethical laws aren't as concrete as the physical laws.

      They aren't. Physical law is based on observation of the world, while moral opinions are based on reactions to it. You can't objectively measure morality any more than you can measure beauty.

      Anyone with an attention span greater than a human life can plainly see..

      ...that the general themes of morality are part of human nature, but that there's no clear line between the immoral and the merely icky.

  89. I don't know about the rest of you, but... by Junior+J.+Junior+III · · Score: 1, Funny

    I believe in IP Freely.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  90. I believe in IP... by Vegeta99 · · Score: 3, Insightful

    I'm a college student, and I believe in intellectual property, and understand its value to society, HOWEVER:

    - I was raised in an analog world, and now have my youth in a digital one. In my analog world, if a TV show came on when I couldn't watch it, I simply programmed the VCR and listened to my parents whine that they didn't know how to do so. In the digital world, if I am to record it using consumer equipment, at one day, those who are NOT in charge (Remember, those that are, that is, the USC, said it was OK.) can take away my right to do so. Therefore, I'm not going to give them the chance. I will use BitTorrent to time and format shift my television viewing.

    - In my analog world, the only rule for renting a video was "Be kind, rewind." In the new digital world, I'm also told that I will be prevented from copying the video for my own personal use. I never had any use to before - a movie rental is just a 2 mile drive and $3.00, but since you decided to prevent me from doing so, my curiosity was provoked, and I will now copy the video just to say that I can.

    - In my analog world, if I didn't like all the crap on an album the shills are trying to sell, I could purchase the single, and probably get a B-side or two with it. Now, I can't. Furthermore, with digital distribution, I'm asked to take a quality hit in order to help defray the costs of the distributor. Not likely. I'll download it.

    - In my analog world, if I hear a song that I like, I can call up my favorite radio station, ask the DJ to play it, and then tape it. Unfortunately, due to payola and the ClearChannel buyout of my entire county, sometimes I can't do that - but it is still my right under US case law! In the digital world, however, RIAA tries to require safeguards to keep me from doing that. Therefore, if I hear a song on internet radio, I'm going to have no qualms in downloading an MP3 version of it.

    - In my analog world, $20 used to be able to get you two movie tickets, two sodas, and a big ol popcorn. Now, when I go, I'm carded for the R movie (I'm twenty-one), searched for a camera (and I'm a slim person), and then charged upwards of $35 for a low-quality (DLP) show in a sticky auditorium. Being searched for a camera in order to watch a movie is too much, so I'm going to download it.

    I'm not immoral. The powers that be simply think the rules should change now because it's a new system, and I'm sorry, they're not going to. If you try to take away what rights I had, I'm going to disregard /yours/.

    1. Re:I believe in IP... by Vegeta99 · · Score: 1

      Also, after /reading/ the article, I need to add this:

      - In my analog world, free performances of intellectual property were given all the time. I was free to record them as I saw them. In my digital world, even though it may be much easier, I'm really not. In the analog world, playing a song in front of me too many times is going to result in something that all the *AA's must hate: a memory. In my head, I can make beautiful renditions of songs I've heard but never purchased. Not only that, but I can sing them - and I'm a good singer, so I might just piss off some artists!

    2. Re:I believe in IP... by shark72 · · Score: 0, Troll

      "In my analog world, if I didn't like all the crap on an album the shills are trying to sell, I could purchase the single, and probably get a B-side or two with it. Now, I can't. Furthermore, with digital distribution, I'm asked to take a quality hit in order to help defray the costs of the distributor. Not likely. I'll download it."

      This position is a common one. The argument used to be that P2P allowed us to break the tyrrany of having to buy the entire album. When iTunes and other retailers grew their catalogs and it became trivial to buy any track of of a CD (a far superior offering to the old "you can only buy the songs we choose in single form" model), the position changed to focus on DRM. Many people argued that they preferred P2P so they could get a DRM-less version. Now that iTunes, Amazon and more online retailers are offering more and more DRM-free tracks, the position has shifted to one of quality: P2P allows them to get a lossless FLAC or somesuch. And when iTunes and the rest start offering higher bitrates, you just know that this crowd will come up with a new rationale.

      The irony is that the vast majority of music listeners aren't doing so on $350 Grado headphones or Emu studio monitors; they're using the crappy earbuds that came with their iPods, or (slightly less crappy) $50 Sony earbuds if they take their music a little more seriously. Yet the "it's all about the quality" piracy rationale is quite popular.

      Present company excluded; of course... you're probably one of those "golden ears" people for whom only uncompressed will do, so you really don't have any choice but to use P2P. At least the upside is that you're also saving a lot of money.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:I believe in IP... by Vegeta99 · · Score: 1

      I wish I knew what the next rationale would be. But what's wrong with that? First, we (Americans) wanted freedom to practice our own religion. Then we wanted freedom to choose our own governance. Then, we demanded that that governance protected our right to speak freely, et cetera.

      How is it not unfair for the market to demand all that is possible? It is possible - hell, it is even /less difficult/ to give me DRM-free, uncompressed music. They're getting there.

      Personally, I want to be able to go to RIAA's website, spend about $150 or so, and have a license to consume as I please. After I pay that $150, I'm free to get the damn music where I want - the asshats in the SECURITY shirts can't take away my bootleg equipment at a concert, the asshats in the RIAA flak jackets cant take away my external HDD's for downloading on P2P, and they sure as hell can't fine my music store because I accidentally played a riff from a copyrighted tune with one of their goonies around.

    4. Re:I believe in IP... by Creepy+Crawler · · Score: 1

      ---Personally, I want to be able to go to RIAA's website, spend about $150 or so, and have a license to consume as I please. After I pay that $150, I'm free to get the damn music where I want - the asshats in the SECURITY shirts can't take away my bootleg equipment at a concert, the asshats in the RIAA flak jackets cant take away my external HDD's for downloading on P2P, and they sure as hell can't fine my music store because I accidentally played a riff from a copyrighted tune with one of their goonies around.

      That's the rub... They do not want a one time payment. Instead, they want a forever recurring payment.

      How much would be enough? However much you could afford.

      --
    5. Re:I believe in IP... by Raenex · · Score: 1

      Your argument boils down to that the copyright holders should have a business model that exactly fits your desires, and if it doesn't you'll be justified to illegally copy. In reality, you're just rationalizing what you really want: Stuff for free.

      If you actually believe in copyrights, then the moral thing to do is not violate the copyright of others, but to patronage those who do the "right" thing in your mind.

    6. Re:I believe in IP... by GreyWolf3000 · · Score: 1

      This is going to be -1, Redundant, but I don't care. OP is the best example of a "pro"-piracy post I've seen on /. The argument that piracy is 'OK' because the companies that produce the 'content' are evil is baseless and silly, but the argument that those companies are trying to take away rights that we used to have twenty years ago makes perfect sense.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    7. Re:I believe in IP... by spectecjr · · Score: 1

      In my analog world, free performances of intellectual property were given all the time. I was free to record them as I saw them

      Went to a lot of Phish and Grateful Dead concerts did you?

      Newsflash: That's not the general case, that's an exception.

      --
      Coming soon - pyrogyra
    8. Re:I believe in IP... by Anonymous Coward · · Score: 0

      WTF is with your cinema? Is this an extreme example or (and I hope not) an American issue?
      In the UK, I go to my cinema, and for about £3 I can get an adult single to watch a film. I don't get searched for cameras (how on earth did that become acceptable?), the cinema is clean, and if I want to watch an 18 rated movie, I probably could (I'm 16).

      Any other countries want to describe cinemas?

    9. Re:I believe in IP... by Palinchron · · Score: 1

      Your argument boils down to that the copyright holders should have a business model that exactly fits your desires, and if it doesn't you'll be justified to illegally copy. In reality, you're just rationalizing what you really want: Stuff for free. In particular, he wants: stuff for which it is, for the first time in history, reasonably possible to produce at near-zero cost for free.

      As an analogy, if my house mate happens to walk to the kitchen, I sure as heck expect him to bring me a beer if I request so (assuming he has a free hand, the beer is easy to reach, and the action of bringing me a beer in general costs him a negligible amount of effort), since this action comes at essentially zero cost for him. If he would not bring me a beer in this case, it would just make him an asshole.

      In general, making people pay (in effort or money) for stuff that could just as easily be free is very immoral in my book, much more immoral than piracy will ever be.
      --
      The lesson here is that a sufficiently large corporation is indistinguishable from government. --ultranova
    10. Re:I believe in IP... by Raenex · · Score: 1

      produce at near-zero cost You want the people who spend their time and money creating the music to give it away for free? I suppose "near-zero" is easy to say when it's not your time and money.
    11. Re:I believe in IP... by Palinchron · · Score: 1

      I spend a whole lot of my time and a significant amount of money on the software I write, and I give all of it away for free. And yes, I expect the same thing from those creating music.

      --
      The lesson here is that a sufficiently large corporation is indistinguishable from government. --ultranova
    12. Re:I believe in IP... by Raenex · · Score: 1

      Well, you have gone from "near zero" to "a whole lot of my time and a significant amount of money". It's great that you choose to give your work away, but I also respect those who choose not to. The amount of work involved is significantly more than your "get me a beer while you're at it" analogy implies.

    13. Re:I believe in IP... by Palinchron · · Score: 1

      It appears my original post wasn't as clear as I meant it to be. My bad. I never meant to say or imply that the production of music (or software, for that matter) is free.

      What I meant to say is: because it is very much possible to produce copies of the music for free, I expect myself and others to make a significant effort to create music (or programs) of which copies can be produced for free.

      In other words: now that the road to Utopia is clear, I consider it rather rude not to contribute your part of getting humanity there.

      --
      The lesson here is that a sufficiently large corporation is indistinguishable from government. --ultranova
  91. It's not our fault by Anonymous Coward · · Score: 0

    Look at what Radiohead did with their album. By offering it at a fair price, without a damn record company, they were able to make double on it, as opposed to normal CD sales revenue. The reason people steal these things is because it's easy, and the prices for music are ridiculous.

  92. When Everybody Stops Believing by V_Pundit · · Score: 1

    I think we can assume that when "everybody" stops believing that will include the leaders of the RIAA, MPAA etc. If the leaders of those groups no longer believe in IP then they will naturally do something to change their business model.

    So, either the business models will change from the inside or else "everybody" won't have stopped believing in IP.

    --
    that's how I see it anyway . . .
  93. Look at the economics by cdrguru · · Score: 1

    Look at the economics and you will see where the changes are really going to come.

    Today, promotional advertising is a huge part of the economy. It supports printers, advertising companies, magazines, and all manner of newsletters and such. It enables radio stations to play music for free, network television to exist and is why things work as they do today. Promotion of music, movies, books and other "intellectual property" has an overall economic impact far greater than simply compensating creators for their work.

    We stand on the edge of a new age where there will be no compensation. Today's young people understand that advertising is something they want no part of and object when they are subjected to it. The idea that you are paying $10 for a piece of plastic that cost $0.50 to make because of all of the promotion that went along astounds them. They want to get rid of the $9.50 so they could buy their music for $0.50. There are two problems with that idea.

    The first problem is nobody is going to make the studio recording that results in the $0.50 piece of plastic without the promotion that went along with it. While we might not like advertising, we haven't reached the enlightened age where products reach out and grab people when they are needed. Without promotion - including but not limited to advertising - you just aren't going to see products.

    The second problem is many people have seen the vastly different landscape away from commercial products called "free". You get your music for free, maybe download some other entertainment for free. With faster Internet connections it will all be free. Nobody is going to be paying that $0.50 - they want it all for free.

    I would expect to see lots of people out of work. Anyone connected with promotion is going to be out of work pretty soon. I don't think it will even take 10 years. Expect to see a vastly expanded welfare state because there just isn't anywhere for these people to work. They aren't needed and have no skills useful in the future.

    1. Re:Look at the economics by Creepy+Crawler · · Score: 1

      ---Look at the economics and you will see where the changes are really going to come.

      ---Today, promotional advertising is a huge part of the economy. It supports printers, advertising companies, magazines, and all manner of newsletters and such. It enables radio stations to play music for free, network television to exist and is why things work as they do today. Promotion of music, movies, books and other "intellectual property" has an overall economic impact far greater than simply compensating creators for their work.

      Advertising also leads to much nastier side effects. Many books have explained the varied effects of advertising, but one of the worst is apathy. Aside from that, it still is a great noise compared to signal. And worse yet, how do we know what is real to what is paid advertising?

      ---We stand on the edge of a new age where there will be no compensation. Today's young people understand that advertising is something they want no part of and object when they are subjected to it. The idea that you are paying $10 for a piece of plastic that cost $0.50 to make because of all of the promotion that went along astounds them. They want to get rid of the $9.50 so they could buy their music for $0.50. There are two problems with that idea.

      When TV and radio were first used commercially, we knew what was paying for what. When the shows introduced XYZ soap pellets, they were talked as sponsors of the show. You buying their goods promoted the well-being of the show. The older commercials were just plain "This is product X. It does this job. Buy X." Those worked... until these days they want you to buy a feeling. Buy love... in a new crappy motorvehicle. Become sexed up.... buy a new overpriced liquor.

      Why do we want no part of these adverts? Because they proclaim FALSE messages, FALSE beliefs, and FALSE hopes. They are selling a product, but they promise the moon. If they want to lie, they can go to hell. If they want to cheat us, we will be guaranteed to cheat them.

      ---The first problem is nobody is going to make the studio recording that results in the $0.50 piece of plastic without the promotion that went along with it. While we might not like advertising, we haven't reached the enlightened age where products reach out and grab people when they are needed. Without promotion - including but not limited to advertising - you just aren't going to see products.

      The internet IS the device that allows us to go out and grab what we want. What it comes down to is that we want movies and music. The owners of these copyrights want to control who has access, and how much it costs to unlock this access. People have one idea of how much their media is worth, and the companies have another. Since there is no meeting of the minds, the people choose the third choice.. the black market provides the product at a cost more acceptable to listeners: cost of drug and porn ads, along with extremely abusive spyware.

      ---The second problem is many people have seen the vastly different landscape away from commercial products called "free". You get your music for free, maybe download some other entertainment for free. With faster Internet connections it will all be free. Nobody is going to be paying that $0.50 - they want it all for free.

      Well.. Free is nice for the short term. However, when there is a lack of new works, people will be encouraged to pay again. Instead, it will be in a form of "do a service, get paid for a service", and not the revolving door of "I did it once, I expect to be paid forever." This model is how most of the world operates. Only the media types demand continual payment of services rendered long ago.

      When one provides better work, one can be expected to get paid more. Better musicians will be paid accordingly to skill judged by their previous works, just as the carpenter or the chemist or the engineer would.

      ---I would expect to see lots of people out of work. Anyone connected with promotion is going to be out of work pretty soon. I don't thi

      --
  94. But this is just normal for college students. by Sarusa · · Score: 2, Interesting

    This is completely normal - high school and college students (in general, there are always exceptions) have no appreciation whatsoever for property rights of any kind or the idea that money or products might be worth something. We're just fleshy entitlement machines at that stage. There's just no context for it until you're out on your own and hold down a 'real' job for a while and learn the basics of budgeting and the idea of fair worth.

    When I was in high school and college we made mix tapes (yes we had CDs, but burning wasn't cheap or easy) and pirated software with no concern at all. Now that I make my own living off software I appreciate the value of paying for useful software which has value added over open source. I also buy CDs because I want to support the artists I listen to; of course the value proposition there is changing, but there's still the basic idea of buying a product.

    Asking college students if piracy is wrong is like asking Buddhists about Catholic heresies. It's just not meaningful except as a curiousity.

  95. Re:Why most people don't believe downloading is ba by Travelsonic · · Score: 1

    Because they don't own any downloadable content.

    Hmmm.... ever hear of the terms ad hoc, generalization, and grasping at straws?


    Think about the level headed people you are covering with your libelous statement.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  96. Cut out the distribution overhead by Vadim+Makarov · · Score: 2, Interesting

    I think this is a good movement. I do not believe that not paying the film company or the music producer is right. They should get paid. However I do wholeheartedly believe the RETAILER, together with the associated overhead expenses and the stupid restrictions that come with this method of distribution, should die.

    Come up with a model where I can more or less directly pay to the studio/publisher after playing past the first quarter of the album or movie or reading past the first quarter of a book, and I will happily follow it. Yes I have my credit card ready -- to pay the creators only, and only for what I consume (not just download).

    --
    17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
    1. Re:Cut out the distribution overhead by Vadim+Makarov · · Score: 1

      P.S. No format and region restrictions, and no quality crippling, please. Yes I know a model that would get people pay for that would be difficult, if not impossible, to invent. Maybe it is indeed impossible, I just don't know for sure. Hopefully time will show.

      --
      17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
  97. 2 in 500? Doesn't matter what the question is. by goodmanj · · Score: 5, Interesting

    This "poll" was done by show of hands in a large lecture hall. As a college professor, let me tell you: unless you're a very good teacher, the number of students in a college class who'll raise their hands when asked *any* question, up to and including "do you have a pulse?" is 2. Doesn't matter how big the class is: if it's a 2 person class, both will raise their hands. In a 500-person class, it's still 2, 'cause 300 of them aren't paying attention, and 198 are chicken.

  98. Infringing a corporation or an artist? by Skapare · · Score: 1

    I could give a damned about the losses the corporations face when the music gets shared without them having to expend anything for that sharing to be achieved. We don't need their CD factories. We don't need their printing of the album liners. We don't need their marketing departments. We don't need them.

    It is the musicians that suffer. This might include the artists for the album cover, too. I wish there was a way for them to be paid for the music we enjoy (in proper proportion to how much their particular music gets enjoyed).

    However, the ones that sign with the big corporations that take 92% off the top have apparently already accepted that they are going to get shafted by the man. Then when together they get shafted by the public, it's the corporations that lose the most, as it should be since we don't need what they contribute to the process.

    But we do have a start to this in places like CD Baby and Magnatune. People who listen to music should shift to these business models as much as they can.

    As for movies, that's a bit harder, since there is a larger production model involved, with lots of people whose only connection is being employed by one or more businesses involved in the production. Still, we should look carefully at how much the real artists and workers make compared to the investors (who deserve a fair share for investing, but absolutely never the right to gouge).

    --
    now we need to go OSS in diesel cars
  99. Our ethics will change... by Anonymous Coward · · Score: 0

    " First everybody will believe that IP doesn't exist. Even now many people (including reasonable nerds such as we are) believe that IP does not exist in the form it struggles to exist today."

    There's a name for that "form". It's called greed. It's based on the premise that the speaker should get something of value at the expense of another member of society.

    "The context of IP is changing and it has to change according to Internet rules. People think that it might seem unethical but the availability of sharing (especially when there is more than a single network node for each human being) cannot be just neglected by the trivial assumption that people should respect for IP."

    Then why should anyone respect your IP?

    "I don't believe in IP and I don't think they deserve it. Is the amount of effort they are putting to produce a song, really worth the millions of dollars they are claiming that they must make?
    No way."

    And yet no one on slashdot can see the obvious "but we can't leave it alone either". However much or little you value IP.You have always had the choice since the beginning to leave IP alone.

    "That's why they will lose. That's why they are losing every second. And at some point, they will really understand that resistance is futile."

    Funny how the "they will lose" and the "but I'm not hurting anyone" excuse collided so badly. Here let me drag the "free advertising" argument in for even greater contrast.

  100. marijuana should be legal by circletimessquare · · Score: 1

    so should psilocybin/ lsd

    but meth, coke, and heroin/ opiods must stay illegal for all time

    all of the negatives of the drug war mean nothing when compared to what really hardcore addictive drugs do to people

    and so marijuana will never be legal as long as mixed in with the marijuana legalization crowd (realistic, responsible people) are some really really ignorant souls about what the unholy trinity of meth/ coke/ heroin does to human beings

    all drugs legal != intelligent drug policy

    marijuana/ psilocybin/ lsd legal, meth/ coke/ heroin illegal = intelligent drug policy

    not all drugs are equal, they must be evaluated on a substance by substance basis

    if you don't understand that, you are idealistic and ignorant on the subject

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:marijuana should be legal by Scudsucker · · Score: 1

      Nope, drug war is worse by far, because it doesn't reduce drug use, it just makes criminals out of millions of non-violent Americans.

  101. 2 in 500 by Fael · · Score: 1

    he was only able to get two people out of a crowd of five hundred college students to say that downloading a movie or album is wrong. Doesn't this rather indicate that only two in five hundred college students are willing to publicly call many of their peers thieves? Somehow I have the feeling that if Mr. Pogue had instead asked the members of his audience to raise their hands if they believed that such a download is morally justified, he would not have had 498 respondents - and that if he had called for responses by secret ballot, the answer would likewise have been significantly different.

  102. How did he word the question? by timmarhy · · Score: 1

    The real test in these cases is how the asshole worded the question. I bet he tweaked it to get the result he set out to get

    --
    If you mod me down, I will become more powerful than you can imagine....
  103. corporate overlords' grip slipping... by sr8outtalotech · · Score: 1

    Corporations are the last entities that should be consulted regarding morality and ethics. They don't have any because you can't reconcile utility maximizing behavior with behavior that is contrary. Corporations are limited only by what they can get away with or what they think they can get away with. http://www.time.com/time/magazine/article/0,9171,501040705-658372,00.html

    What about the drug company's? Aren't there some African states that refused to be extorted on licensing arrangements for AIDS drugs? I know I'm supposed to be conditioned that protecting IP is good but isn't saving lives better?

    I would expect corporations to want to protect assets. If they can condition the general public to believe...then their stock becomes more valuable which is what it's all about. The unfortunate thing is we let corporations get in a position to dictate morality and ethics when they should have no part in the debate.

  104. Personal Robin Hood - TRWNBT by Merakis · · Score: 1

    I think young people could care less about IP because A: All the good ideas are taken anyways and B: Since they are all taken, how are us youngster's ever supposed to get ahead? Also, I'm completely disillusioned with capitalism. I think people should get 'partnership level wages' based on their position within the company, with the companies profit margin being mandated by the government and excess net profit being divided among employees each month. Minimum wage pisses me off, it's just another way of saying it's okay to fleece the people who actually create the products! And good luck finding a job with your new college diploma. If you get hired you'll wonder why you're learning a totally new skill set than you realized in college with that 20-40 grand you didn't have. College and University are a commercial business now, not education. So, when I download a Movie, a Game, or an App, or whatever, I do so knowing that the people that made it are richer than me, no matter how much they whine and cry about it, and I feel good that I am finally getting something from someone rather than always being taken from. It feels good to be my own Robin Hood. The Revolution Will Not Be Televised

  105. Mod parent up by ProteusQ · · Score: 1

    Somebody with mod points, do the right thing. Vegeta99's post says it in a nutshell.

  106. Production vs. Product by Kreisler · · Score: 0

    Could it be that we've come full circle? After all, Bach wasn't paid for works he had written, he was paid to write new things. I wonder what's better, a pop sensation that continues to get paid for one or two good albums over and over again, or a musician who makes a living because people want them to continue producing new and interesting things? Put another way, art is public property and always has been. We pay artists to contribute to our lives, not for the contribution. Encourage the verb, not the noun.

  107. problems by falconwolf · · Score: 1

    The problem with this is it would invert the power structure. This would put tremendous control into the hands of the actual content creators, as well as the various talented studio people. The companies would have to woo talent as being highly rated in terms of talent would be the only metric. This would create an environment where either studios have to woo potential content creators, or allow the creators to shop around. This would also create tremendous competition, with studios with price ranges for the already successful, ones who did well in their debuts, and ones who have to apply for a loan to even consider getting into he business to begin with (read: the ones who normally would have had to swallow whatever contract terms were to be had to have a significant chance of ever existing on the world stage). Granted, wealthy artists would then have a fair bit of leverage to create a new cartel that could suck, but then there ALREADY ARE artists producing completely independently.

    I don't see this as much a problem as when it's the studios who have the power. Studios don't create, the artists create so they should have the power and get the money.

    Falcon
    1. Re:problems by Adambomb · · Score: 1

      I agree, i'm simply saying its the "problem" in terms of those who currently have the broadest influence.

      --
      Ice Cream has no bones.
  108. Expiring DVDs by IL-CSIXTY4 · · Score: 1

    Instead of selling a movie for $10 to $20 in a store, they could sell a rental DVD for $1 to $2 which will expire on its own. They have those DVDs now, don't they? They stop working after a number of uses.
    Yeah, Circuit City tried that back in the 90s, called DIVX. From Wikipedia:

    DIVX was a rental format variation on the DVD player in which a customer would buy a DIVX disc (similar to a DVD) for approximately $4 US, which was watchable for up to 48 hours from its initial viewing. After this period, the disc could be viewed by paying a continuation fee, typically $3.25.
    People (especially here on Slashdot) were outraged. People griped about not owning the disc for infinite plays, and about the ecological impact of throwaway plastic discs.
    1. Re:Expiring DVDs by Antony-Kyre · · Score: 1

      We're in the age of broadband. So why don't we do rental downloads? No DRM needed. Just make the file an executable that will delete itself after so many plays, somehow. But don't try to force it on the consumer. Trust their honesty.

      Personally, I find it annoying when "morality" is forced upon us. I'd rather see something like, "You have paid to rent this video for X amount of times. This is your Y time playing it. When this reaches the maximum number of times, please delete or stop viewing this video and purchase it. Thank you." at the beginning of the video.

  109. Re:Sounds about WRONG by thejuggler · · Score: 1

    You claim "intellectual property" is a new idea? Maybe to you. Intellectual property is an umbrella term for several legal concepts including copyrights, trademarks and patents.

    While the first known use of the term "intellectual property" is in an 1845 Massachusetts Circuit Court ruling, the history of copyright law goes back to the invention of the printing press and the increasing spread of literacy. The King of England created the Licensing Act of 1662 to prevent the illegal copying of written works at the time by unauthorized publishers. While this law was passed after Shakespeare wrote his works it was well before Sir Isaac Newton published or even first conceived his writings. Hence you arguments are WRONG.

    Furthermore, the various laws that eventually led to the concept of Intellectual Property were passed to protect those that held the legal right to the works in question. Prior to these laws theft of ideas, writings, and concepts was uncontrolled. You call this theft "the free exchange of ideas". It's only free for those that steal the ideas. The person whose ideas you stole have endured an expense of time and energy and possible monetary loss. The whole point of these laws is to let the creator, inventor, discoverer of works determine the usage of their works. If they choose to let them be free to the public that is as much their right as if they choose to charge the public or exclude the public all together. You do not have a right to an others ideas or fruit of their labors in the same manor as you do not have a right to an others personal belongings.

  110. And thus you fail. by Anonymous Coward · · Score: 0

    I wanted to make sure that the downloadable version they were getting could not just be downloaded once and passed on to every networking guy in IBM.
    I for one, have gotten into computing thanks to the fact IP is non-existant, I was introduced to this world by pirated software and right now learn everything from pirated books, because of this I plan that if I ever make some relevant work I will release it under GPL, I know enough about these things to know that DRM (what you imply with your paragraph) is worthless.
    1. Re:And thus you fail. by spectecjr · · Score: 1

      I for one, have gotten into computing thanks to the fact IP is non-existant, I was introduced to this world by pirated software and right now learn everything from pirated books, because of this I plan that if I ever make some relevant work I will release it under GPL, I know enough about these things to know that DRM (what you imply with your paragraph) is worthless.

      Cool! In that case, because you're ignoring their copyright, I can ignore your GPL, and use your code (which I doubt you'll create) in my own works while ignoring your rights.

      --
      Coming soon - pyrogyra
  111. There's a lot of crazy protection for "IP" too by Rick+Bentley · · Score: 1

    None of the following makes sense:
    1) you buy a radio, you can play it for free. BUT if you play it at your office or coffee shop then you owe the RIAA money. Those songs are being BROADCAST, anyone can receive and amplify them ... unless you do it in a place of business then the government supported RIAA-MAFIA can come and extort you.
    2) you buy a TV, you can watch it for free -- even NFL games (which are widely broadcast). BUT if you watch it at your office or bar then you better have "express written consent" to do so. This makes fascism sound almost reasonable by comparison. I mean, you bought the damn TV, the information is being broadcast, you didn't sign anything when you bought it saying how you would and wouldn't use it to receive those broadcasts yet you're beholden to these nutty laws pushed through by the "IP" holders.
    3) you can sing "happy birthday" to your friends and family on their birthday. BUT if you go to a restaurant the people working there can't sing "happy birthday" to anyone w/o paying extortion money to the RIAA.

    ...I could go on.

    The IP laws are crazy. You're not trying to keep the song "happy birthday" secret, you're BROADCASTING it so everyone can hear it. Then you tell people they're not allowed to sing it themselves w/o paying you money to do so -- like you have a license on their lungs or air or something.
    These are the crazy IP laws that will radically change in the next 10, 20, 30 years as the kids behind us grow up and the old "the internet is full of tubes" people finally die.

    --
    My favorite quote doesn't fit into 120 characters. Now no one will like me.
    1. Re:There's a lot of crazy protection for "IP" too by cpt+kangarooski · · Score: 1

      1) you buy a radio, you can play it for free. BUT if you play it at your office or coffee shop then you owe the RIAA money. ... 2) you buy a TV, you can watch it for free -- even NFL games (which are widely broadcast). BUT if you watch it at your office or bar then you better have "express written consent" to do so.

      No, not necessarily. There is the 17 USC 110(5) "homestyle" exception. The main thing is to use ordinary consumer gear to play publicly broadcast transmissions, and you're ok. Of course, the devil's in the details, so look through the statute to make sure you comply before going ahead and doing it.

      BUT if you go to a restaurant the people working there can't sing "happy birthday" to anyone w/o paying extortion money to the RIAA.

      Well... the money is due for the use of the lyrics, and it is collected by ASCAP. It goes to the lyricist or whomever he assigned the copyright to; it's just a coincidence that the current owner is Warner Music, one of the 'big four' labels.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:There's a lot of crazy protection for "IP" too by shark72 · · Score: 1

      "1) you buy a radio, you can play it for free. BUT if you play it at your office or coffee shop then you owe the RIAA money. Those songs are being BROADCAST, anyone can receive and amplify them ... unless you do it in a place of business then the government supported RIAA-MAFIA can come and extort you. "

      There are a lot of exceptions for playing a radio in your place of business, so odds are that you wouldn't need a licence. But either way, that's ASCAP and BMI who collect the licensing fees for public performances. ASCAP and BMI are run BY and FOR composers and lyricists. I guess that's the composer-mafia and the lyricist-mafia, to use your terminology, but this distinction is important to understand if you're of the "record companies evil, artists good" mindset.

      It's interesting how we talk about how artists can make money without having to sign record contracts or otherwise give money to the RIAA. Well, licensing is one such way. The beauty of it is that it's purely voluntary, the license is paid for by the person who's making the money (the business owner), and the money goes straight to the artist -- the record label doesn't see a penny. Yet, as you've made clear, this is unacceptable, as well.

      "you can sing "happy birthday" to your friends and family on their birthday. BUT if you go to a restaurant the people working there can't sing "happy birthday" to anyone w/o paying extortion money to the RIAA."

      I think you may be using "RIAA" as a generic term for anybody who asks for payment for music, but again -- when you sing a song in a restaurant, that's a music/lyrics issue, so again it's ASCAP/BMI. The RIAA deals with record companies, who sell recordings... if you want to perform your own version of a work, it's the composer and lyricist that you must deal with.

      Sorry if it seems that I'm being pedantic, but I believe that the first step in fighting the enemy is knowing which enemy to fight.

      --
      Sitting in my day care, the art is decopainted.
  112. Other Countries by maybenot · · Score: 1

    The internet has made the import and export of goods instant. Other countries really dont care about IP laws. Knock offs are imported into the usa all the time and sometimes better than the original. Now its the digital age, the same has happened, but much, much faster. Other countries will also improve on the digital files. So I guess you can make all the laws you want, they are not enforceable in a worldwide economy. Personally, IP laws mean nothing to me, and a great deal of people from my generation feel the same. Tomorrow, we will be the leaders of this country

  113. MOD AC UP by UbuntuDupe · · Score: 1

    I thought I was going insane, being the only one to make the point the AC just did. I find Stallman's criticism to be truly bizarre. Do the people who reject "intellectual property" reject *all* umbrella terms? Like "significant other" and "toiletries"?

    "People who refer to this mythical 'toiletry' are utterly confusing the difference between toothbrushes, razors, and shampoo."

    I even debated a guy who argued against the term "intellectual property" on the grounds that you have to be more specific in court, all while citing someone who wrote a paper on intellectual property that used the term in the lay sense and broke it down into all the sub-types.

    As for the "imaginary property" chant ... just one question: Is ownership of radio waves "imaginary property"?

    1. Re:MOD AC UP by civilizedINTENSITY · · Score: 1

      Perhaps we note that "significant other" refers to someone else, who is significant. Intellectual Property is *not* property. Hence the disdain for the phrase. Umbrellas are good when you abstract an essential essence from a group of terms. They are less good when they hide meaning, and even worse when they use the exact opposite meaning. War is peace, black is white, etc...

    2. Re:MOD AC UP by UbuntuDupe · · Score: 0, Flamebait

      Perhaps we note that "significant other" refers to someone else, who is significant. Intellectual Property is *not* property.

      Alright, and do you have the mental capacity to understand how that's a DIFFERENT ARGUMENT than the one I was addressing, which claimed that it's a bad term because it refers to several things that are very different?

      Seriously, do debates about IP have some kind of magical power that shuts of people's mental capacities?

    3. Re:MOD AC UP by civilizedINTENSITY · · Score: 1

      The phrase in question does refer to several things that are different than property, which is my point. Mental capacity? Yes. I also have the emotional capacity to present my argument without slurring you. The point I made, which you didn't address, was that the phrase "intellectual property" makes as much sense as grouping machine guns, hand grenades, and thermonuclear bombs together and calling them Cohersion Aphrodisiacs, then refusing to admit that they aren't aphrodisiacs while insisting that they are useful tools for cohersion.

    4. Re:MOD AC UP by UbuntuDupe · · Score: 1

      I also have the emotional capacity to present my argument without slurring you.

      By responding without showing any attempt at reading my post, you are in fact slurring me, by saying my posts aren't worth reading. Wanna go with the "stupid" option instead?

      The point I made, which you didn't address,

      I didn't address your point because it was a *different argument* than the one under discussion, which was being criticized. You cannot defend "A is a good argument against X" by saying, "Oh, but I could also make argument B against X".

      The argument "A" under discussion was whether it's a valid criticism of the term "intellectual property" that it's vague in referring to many different things. You don't think "intellectual property" is property. That's great! I'm proud of you for that bold, sound-bite stance. In a lot of discussions, you might actually sound smart. But it's different from the claim that "intellectual property" is vague.

      I did, however, present a challenge to the "imaginary property" crowd in my first post here, just to avoid making two post. That challenge was: "Are rights to radio frequencies also 'imaginary property' and thus not really property?" If you want to be useful, you can tackle that one. *not holding breath*

    5. Re:MOD AC UP by civilizedINTENSITY · · Score: 1
      The original AC post said:

      "Intellectual property" is a blanket term that, by definition, encompasses (at least) the three legal areas you mentioned. If somebody gets confused by a blanket term, it's because they are were confused to begin with.
      You said, "I thought I was going insane, being the only one to make the point the AC just did."

      My point was that it isn't just a matter of ambiguity, as would be suggested by,

      "Do the people who reject "intellectual property" reject *all* umbrella terms? Like "significant other" and "toiletries"?
      I even tried to point out how "significant other" would work. Toiletires (sic), being one term, can't fail in the method I suggested Intellectual Property fails. You have a point, which is that blanket phrases (i.e., the gathering of like objects under an umbrella phrase) has a valid use. I mentioned abstraction as an example of the valid use of that methodology. From the very beginning I pointed out that my argument is not an argument against abstraction, but rather an argument against mislabeling the abstraction. If the "blanket" were Intellectual Protections, then my objection would be addressed even though 3 separation protections were gathered under one phrase. Again, from the beginning, my point was that the phrase in question was objectionable because it used misdirection to imply something was other than it was, not because of a problem with abstracting similar things into a category.
  114. balance by circletimessquare · · Score: 1

    i recognize every single negative of the war on drugs you can enumerate, a million more you don't, and i will acknowledge for the sake of rhetoric a few fanciful and imaginative negatives

    and yet still, when we talk about ONLY the very highly and addictive substances (not just highly addicting, like nicotine, or just inebriating, like lsd, or moderately addictive inebriating, like alcohol) then we are talking about a ball of detrimental effects, due to the chemicals themselves, that is in fact worse than all of the negatives of the drug war

    that's real life, on complex hard choices, not just drugs, the choices are all about various shades of grey. the drug war has negatives, no drug war has negatives. in real life, you do not get to choose between shit and roses, but pick which pile of shit smells less. for some drugs, like marijuana, a state of no drug war has less negatives, but still has negatives. for other drugs, like heroin, a state of drug war has less negatives, but still has negatives

    welcome to reality, its messy

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

      you're missing the point entirely. What you say would be relevant if the drug war actually reduced the use (or even increased the price) of hardcore drugs. But it doesn't. It won't stop a single person from sniffing coke or shooting smack or speed or freakin' ayahuasca. If anything, it made hardcore drug use more common, cheaper, and deadlier. The war on pot in the 70s led smugglers to turn to cocaine, which was far easier to transport in larger quantities. The war on coke in the 80s was successful in hitting the major cartel but guess what? The drug economy became a hydra-headed monster and new smugglers popped up all over central and south America ... the coke trade continued to flourish after a brief setback when the price went up but it quickly came back down (it's now cheaper than it was in 1979), and in the meantime Mexican smugglers decided to start dealing meth instead because they didn't need to rely on Colombian sources. Meth has since become a brutal epidemic. I don't mean to boil everything down to a single cause - there are a lot of other issues involved - but it is resoundingly clear that the drug war has been an absolute failure it achieving its goals. There's a great article in a recent issue of Rolling Stone that discusses some of this historically if you care to learn about this. But I think we're past the point where we can make the statement with a straight face that a particular drug is particularly bad, therefore it should be illegal.

    2. Re:balance by khallow · · Score: 1

      That's pretty breezy talk from you, cts. As I see it, there's a really simple question to ask, does criminalizing the possession of various drugs have a net benefit? It's not enough to just say that scary drugs like heroin or cocaine are so harmful that we have to prohibit their use. As I see it, extramely harmful drug use is widespread despite prohibition. The question should then how does prohibition with its associated freedom infringing effects compare to the additional drug users that would be present if no prohibition were in effect?

    3. Re:balance by nomadic · · Score: 1

      As I see it, extramely harmful drug use is widespread despite prohibition.

      Without prohibition it would be a lot more widespread.

    4. Re:balance by Procrasti · · Score: 1

      Without prohibition it would be a lot more widespread.

      You have proof?

      Is it the legality of heroin/coke/meth what keeps you off of it? If so, you're an idiot.

    5. Re:balance by khallow · · Score: 1

      I tend to agree. But that still isn't enough. Drug prohibition has huge costs associated with it too. In the US, we have laws that permit the seizure of property used in the commission of drug crimes. Also a lot of the money laundering laws came about in an attempt to find and seize money from illicit drug sales. Further, drug sales fund criminal organizations, terrorist groups, and other international problems. Society is corrupted at all levels by both prevalent blackmailable drug use and by drug money. Poor standards in drugs kill hundreds of people a year (IIRC). Finally, by making drugs illegal, we have increased tremendously the financial burden for people addicted to these drugs. In the end, I think the freedom of a person to do self-destructive things and the general freedom of society is more important than the harm that people will inflict on themselves.

    6. Re:balance by nomadic · · Score: 1

      Is it the legality of heroin/coke/meth what keeps you off of it?

      No, but the illegality keeps it hard to find, and the harder it is to find the fewer people experimenting with it.

    7. Re:balance by Procrasti · · Score: 1

      the illegality keeps it hard to find, and the harder it is to find the fewer people experimenting with it.

      Could you please explain why that logic didn't work with alcohol prohibition?

      Do you think this logic is true for marijuana?

      Is there something special about the 'hard' drugs that means that logic works with them but not others?

      The above logic is the obvious result but does not consider the real life unintended consequences that bring about the opposite of what you aim for.

  115. stealing IP by falconwolf · · Score: 1

    If a big company wants the IP of a small company, it buys the small company because it's cheaper, garners no negative press, plus they hire the talent that created the IP in the first place so now they work for them.

    There are dozens of such examples of small companies bought by large companies: PayPal, Picassa, Macromedia, YouTube, ... the list goes on.

    And there are examples of big companies stealing from the little guy. MS has been sued a number of tymes for patent infringement. Luckily they lost, or settled, some.

    Falcon
    1. Re:stealing IP by spectecjr · · Score: 1

      There's a lot of bad logic here; primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.

      You're defending submarine patents? On Slashdot? Wow. Sir, you have balls made of brass.

      --
      Coming soon - pyrogyra
    2. Re:stealing IP by falconwolf · · Score: 1

      There's a lot of bad logic here; primarily the assumption that you still own software you have sold to a customer. You have very little moral right to that software; that software now belongs to the customer, and it's the customers moral right to copy and sell on what he owns.

      You're defending submarine patents? On Slashdot? Wow. Sir, you have balls made of brass.

      Maybe you copied from the wrong post because I don't see where I said the above in italic bold . As for patents period, not just submarine patents, I don't support them. Business method and software patents I oppose but I don't know about other patents. I don't know if they are necessary. It seems today they are mostly used to prevent competition and remain on top and not for what they are meant for, to further progress in sciences.

      Falcon
    3. Re:stealing IP by spectecjr · · Score: 1

      Yep, it looks like I fat-fingered it. Sorry!

      --
      Coming soon - pyrogyra
    4. Re:stealing IP by falconwolf · · Score: 1

      Yep, it looks like I fat-fingered it. Sorry!

      No prob. I make mistakes, way too many.

      Falcon
  116. Not a huge surprise... by Pedrito · · Score: 1

    I would suspect, to a large degree, this has less to do with really believing in IP than simply hating the RIAA and MPAA. This is a situation the RIAA and MPAA have brought entirely on themselves in the way that they've treated people (a great many of them, their customers), since the moment Napster got sued. They made haste in suing, root-kitting CDs, suing more and suing more and so on and so on. They've done nothing but treat their entire customer-base as adversaries and thieves. Why would anyone give a rat's ass about them after that kind of treatment? People will make justifications (rationalizations) for why they think copying a CD or DVD is okay. But I think that in many cases, that's probably just to cover over the fact that their real reason is probably just hate for the RIAA and MPAA. And to me, that's as valid an excuse as any. Show me any business that makes a habit of suing its customers that can succeed for very long? (With the exception of "necessary" industries. (Insurance?))

  117. Re:Here's my take: by Anonymous Coward · · Score: 1, Insightful

    Just like we did when we allowed Disney to indefinitely extend his copyright?

    Similarly, it's a shame that one of most well-known United States signs of IP, the "Happy birthday," song, was copyrighted in 1935 and will have 2030.

    http://en.wikipedia.org/wiki/Happy_Birthday_to_You

    I don't hear anyone complaining about that obscure IP tidbit. YES, THAT INCLUDES OUR GENERATION AND TWO GENERATIONS BEFORE. We think IP's going the user's way? Nope. It's going the corporate way. My guess is these kids and their kids will just balance out the corporation force, but most likely they'll just sell out to The Law, like you say.

  118. Absolutely fucking right by Anonymous Coward · · Score: 0

    "Something is intrinsically wrong when it can be shown that innocent people get hurt as a result of the actions of another"

    Well, I'd say that copyright laws with terms of ~ one hundred years or more can be shown to hurt innocent people (most of us) by making culture scarce and expensive for them. Therefore those laws are 'intrinsically wrong'.

    I'd also say that when lawmakers and big companies push the ticket too far, i.e. by extending copyright terms whenever Disney wants, it's only logic that the 'innocent people' finds ways around the problem.

  119. of course ip is a valid concept by circletimessquare · · Score: 1

    the problem is, it requires balance between the sphere of intellectual output that is monetized, and that which naturally belongs to the sphere of shared common cultural riches. it need s afaster retirement timeline to private ownership obsolescence, and a rational realization of what cannot be controlled and owned (file trading on the internet)

    as if these means somebody won't still make money, and good money! it is just that the old models won't work anymore, and the corporations are nervous about the unknown

    but in the current world, the legions of lawyers representing the corporations, and the congressmen they buy (sonny bono, et al) push the scales firmly in the direction of irrational monetization. in a world where i cannot play "happy birthday" without paying someone, something is seriously broken

    it is not that the students don't respect morality. it is that the students don't respect a legal system that is seriously broken and doesn't reflect morality. current ip law is nothing more than an overextended farce. it is not that it shouldn't be respected, but that there is no reasonable way to respect it

    somehow, there must be a tension of powers between shared public wealth, and private corporate wealth. there is no such mechanism to legally reflect this tension in the current world. and so all we have is the the ever increasing encroachment of corporate ownership into what should naturally be public spheres of public ownership. and so none of corporate ownership is respected. when naturally some of it should, but not the overextended monstrosity that the corporations currently expect

    and it is not up to the corporations to restrain themselves. it is their job to squeeze money out of every possible nook and cranny. that is what corporations to do, that is their nature, it is not their nature, nor should we expect it of them, to restrain themselves. it is our job to restrain them, so they do not become cancerous growths. and we, the legal world and our legal frameworks, are not currently doing that. so we must begin doing that then, so that some of private ownership is respected, not none of it, as currently is the case, because current private ownership laws overreach in time and in venue

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  120. Another thing Lincoln said by commodoresloat · · Score: 1

    This is going to be a great play!

  121. IP is not really property by Hugonz · · Score: 1

    Read Stephan Kinsella's essay: Against Intellectual Property

  122. It's because... by gameshints · · Score: 1

    kids don't care that Britney is not able to keep a Gulfstream IV, and has to replace it with a smaller Gulfstream III, which doesn't have a remote control for its surround sound DVD system.

  123. copyright is a bargain, not a right by Russ+Nelson · · Score: 1

    Copyright is a bargain between producer and consumer, not a right. The producer creates something of interest, and the consumer promises, in return for getting the interesting thing, not to copy it for a period of time. Right now, the producers are demanding that consumers never copy it ever. They're breaking the bargain, so the consumer isn't sticking to his side of the bargain.

    http://blog.russnelson.com/economics/a-bargain-not-a-right.html

    --
    Don't piss off The Angry Economist
  124. Our understanding [of the law] will change... by Anonymous Coward · · Score: 0

    "Yes, I would. And I would add that it is not the laws' job to make your business model work."

    No, it's the laws job to ensure an equal base for a business model to work. Piracy is not an equality. It's using the hard work of others against them in an unfair transaction.

    "This is taken from the point of view that neither the seller nor the buyer should be restricted by the law from doing what they want with their personal property for the period it is in their possession."

    Well except for the fact that piratebay doesn't exist for the purposes of "personal property", but to aid an illegal and unfair act.

  125. Re:2 in 500? Doesn't matter what the question is. by Gazzonyx · · Score: 1
    Of course we're chicken! We've seen what happens to students who 'volunteer'; there's a 1/3 chance the prof. has an antiquated degree, entirely too much pride, little to no accomplishment in the 'real world', and an ax to grind about the latter. Not saying you're one of these guys, but there's a reason we don't raise our hands - these profs. do exist.

    Only heroes raise their hands. Heroics don't pay off at midterms. Then again, that's never stopped me from shooting: off my mouth, myself in the foot, my hand into the air. YMMV. It could also be that everyone else is brain dead, which would explain quite a bit... -- 1 of 2 students who raise their hand to ambush trick questions.

    --

    If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  126. We don't need copyright by Mr2001 · · Score: 0, Troll

    It's kind of scarry to see this attitude (IP = imaginary) coming from american students. [...] Sure, there will always be some level of 'physical' work needed - but it has dwindled, and our economy exists now primarily based on the concent of intellectual property - because it's the main thing we produce in this country. That may be true, but it's a mistake to conclude that we need copyright to survive. People can still sell their intellectual labor even without "intellectual property" laws - and the labor is where the value comes from. Copyright puts the cart before the horse anyway; moving away from it means moving closer to a sensible economic model.

    I'm talking about exact iPod clones made by the same plants making them for Apple, if you're truely throwing out IP let's even put the apple brand on them and the Apple phone support number while we're at it - it's not "real" property, right? Yes and no. What you just described is fraud more than anything else: the clone factory is lying to everyone who buys one of these iPod clones. The logo and phone number say it was made by Apple, but in fact it wasn't. That's fraud, and you don't need copyright laws to prosecute fraud. Personally, I don't mind trademark laws in principle, even though I'm completely opposed to copyright, because trademarks are about nothing more than preventing fraud (at least when they're enforced properly).

    Now, if some Chinese factory wants to make cloned iPods, put their own name on them, and sell them back to us, good for them! If they can sell the same product at a lower price than Apple, they deserve that income. It's called competition.

    You might respond that Apple has to charge more because they have to pay for the research that went into designing the iPod, and I wouldn't disagree. But it's not my fault, or any other potential iPod owner's fault, that Apple chose to structure their business that way: paying the researchers out of money that might materialize down the road someday.

    They're in the same boat as a musician who records a song for free and then hopes to get paid later by selling copies. It's a flawed business model, trading actual money today for imaginary potential money next year (when you may not be in a position to compete with others who are selling the same thing), and anyone who gambles like that has to be prepared to lose.
    --
    Visual IRC: Fast. Powerful. Free.
    1. Re:We don't need copyright by Anonymous Coward · · Score: 0

      Now, if some Chinese factory wants to make cloned iPods, put their own name on them, and sell them back to us, good for them! If they can sell the same product at a lower price than Apple, they deserve that income. It's called competition.
      I couldn't help but notice that this scenario (the one GP was certain would bring Apple crashing down or something like that) is already happening. Shopping around on eBay I see many, many knockoff ipods that look exactly the same, but are advertised as possessing more features (supporting more formats, for example).

      That said, I agree with the quote from the parent - if you can make a profit with your lookalike, at a cheaper price, AND you aren't claiming to be something you're not with a copied logo or something, go for it! I'll take the cheaper model with more features over Apple's inflated crap any day.
    2. Re:We don't need copyright by argiedot · · Score: 1

      But couldn't one argue that the in the absence of Apple's model of researching how to build an iPod, the iPod itself wouldn't exist? Let's assume that your view on patents, copyright and trademarks are the mainstream view and that laws against your view do not exist. Suppose I see a market for a product and decide to design one. Designing a product is not child's play, so this may take some time, during which I cannot actually earn on the product. After my product is designed, I decide to sell it. Now another person sees my product, makes an identical duplicate and sells that instead. He has cut out that designing period, the time when no money can be made, so he can sell lower than I can because: 1. I need money to live during that designing period, and I must be able to make back that money spent during the designing period or designing the product won't be worthwhile, while he doesn't need to worry about where that period. or 2. I need to pay my researchers for the designing period, whereas he gets their work for free, effectively. In such a world, tell me why I would bother designing a product (being person 1) when making identical copies of another product (being person 2) would guarantee me more profit?

    3. Re:We don't need copyright by argiedot · · Score: 1

      Ugh! I should've previewed. Forgot my line-break tags. Here's what it should've looked like (in case you have an allergy for long paragraphs):

      But couldn't one argue that the in the absence of Apple's model of researching how to build an iPod, the iPod itself wouldn't exist?

      Let's assume that your view on patents, copyright and trademarks are the mainstream view and that laws against your view do not exist. Suppose I see a market for a product and decide to design one. Designing a product is not child's play, so this may take some time, during which I cannot actually earn on the product. After my product is designed, I decide to sell it. Now another person sees my product, makes an identical duplicate and sells that instead. He has cut out that designing period, the time when no money can be made, so he can sell lower than I can because:
      1. I need money to live during that designing period, and I must be able to make back that money spent during the designing period or designing the product won't be worthwhile, while he doesn't need to worry about where that period.
      or
      2. I need to pay my researchers for the designing period, whereas he gets their work for free, effectively.

      In such a world, tell me why I would bother designing a product (being person 1) when making identical copies of another product (being person 2) would guarantee me more profit?

    4. Re:We don't need copyright by Oligonicella · · Score: 3, Insightful

      "People can still sell their intellectual labor even without "intellectual property" laws - and the labor is where the value comes from."

      Well Sparky, since you're so friggin' bright, perhaps you can tell us how an author would make the money to reimburse him or her for the time and effort spent in writing that novel.

      As far as clones, perhaps you don't understand the concept. It's taking something and duplicating it, not creating a product which simply performs the same functions.

      "You might respond that Apple has to charge more because they have to pay for the research that went into designing the iPod, and I wouldn't disagree. But it's not my fault, or any other potential iPod owner's fault, that Apple chose to structure their business that way: paying the researchers out of money that might materialize down the road someday."

      And here you demonstrate your utter lack of understanding of the world. How the hell would Apple pay their researchers? From the generous donations of people such as yourself, who altruistically want the world to progress?

      At least be honest so you don't have to conjure up lame rationale. You just want the cheapest version of something and are willing to support rip-off scumbags to get it.

      "It's a flawed business model, trading actual money today for imaginary potential money next year (when you may not be in a position to compete with others who are selling the same thing)..."

      Not if they don't rip it off. What part of creating your own product do you have such a hard time with? Oh yeah, I already answered that. Paying for the result.

    5. Re:We don't need copyright by Mr2001 · · Score: 1, Insightful

      Well Sparky, since you're so friggin' bright, perhaps you can tell us how an author would make the money to reimburse him or her for the time and effort spent in writing that novel. Sure thing, pal. It's the same way a barber makes the money to reimburse himself for the time and effort spent cutting hair.

      The same way a civil engineer makes the money to reimburse himself for the time and effort spent designing bridges.

      The same way a pilot makes the money to reimburse himself for the time and effort spent flying planes.

      See where I'm going with this? Writing is a job like any other. You find someone to pay you to do it, then you do it, then you collect the money that they already agreed to give you.

      Barbers don't go around cutting hair for free and then asking for money later. Pilots don't just fly any old plane they come across and hope someone will pay them for having done it. They find a paying customer first and do the work afterward.

      As far as clones, perhaps you don't understand the concept. It's taking something and duplicating it, not creating a product which simply performs the same functions. Of course. What else did you think I was referring to?

      Apple manufactures a product called the iPod, which consists of certain parts arranged in a certain way. If someone else can arrange the same parts in the same way to produce the same product, but do it in a more efficient way that allows them to sell the product for less, then that's good for customers. That's competition.

      And here you demonstrate your utter lack of understanding of the world. How the hell would Apple pay their researchers? From the generous donations of people such as yourself, who altruistically want the world to progress? What I've demonstrated is your closed-mindedness. Research is a service, and it'll be paid for by the people who benefit. Think about that: who benefits from the existence of the iPod? Everyone in the chain, from manufacturers to musicians to listeners, has an incentive to pay for that research.

      You know, most people don't call it a "donation" when they pay for something that benefits them. They call it a "purchase". In this case, they'd be purchasing a service (researching new products), but that's nothing unusual; people purchase services all the time.

      At least be honest so you don't have to conjure up lame rationale. You just want the cheapest version of something and are willing to support rip-off scumbags to get it. No, that's just a strawman that copyright apologists like to put in their opponents' mouths. You're hardly the first person to realize that it's easier to argue against a caricature than to address what I'm actually saying.

      Not if they don't rip it off. What part of creating your own product do you have such a hard time with? Look, if I buy a bunch of components and put them together to form a product, that's "my own product" in every important sense, even if they're the same components in the same arrangement that make an iPod. You can't own an arrangement of components. That's as silly as owning a number, or a color, or a size. It's an attribute of a product, not a product in itself.
      --
      Visual IRC: Fast. Powerful. Free.
    6. Re:We don't need copyright by Mr2001 · · Score: 1

      But couldn't one argue that the in the absence of Apple's model of researching how to build an iPod, the iPod itself wouldn't exist? Well, one can argue anything, but in this case, one would be wrong. Let me point out the flaw in your scenario...

      Let's assume that your view on patents, copyright and trademarks are the mainstream view and that laws against your view do not exist. Suppose I see a market for a product and decide to design one. Designing a product is not child's play, so this may take some time, during which I cannot actually earn on the product. And there it is. Since you know designing a product takes a long time, why would you be willing to do it if you're not getting paid for it?

      Because you're gambling that maybe you'll be able to sell a bunch of copies of this product later, at an artificially high price (i.e. more than your competitors would be able to charge for the same manufacturing work)? That's exactly the flawed business model that we're trying to get away from.

      Instead, you should've realized that the research is valuable in itself. That means people will be willing to pay you for it: some of them might be the end users, others might be companies involved in making accessories or selling support, etc. Your job is to find those people and convince them to pay you to design the product.
      --
      Visual IRC: Fast. Powerful. Free.
    7. Re:We don't need copyright by Anonymous Coward · · Score: 0

      But the scenario repeats, some other company who didn't pay the creator can acquire the product, recreate it, and sell discount as they didn't have to pay for the research costs. No matter how you layer it the competitors can and will, if allowed, scalp your products.

    8. Re:We don't need copyright by Mr2001 · · Score: 1

      But the scenario repeats, some other company who didn't pay the creator can acquire the product, recreate it, and sell discount as they didn't have to pay for the research costs. Sure, that's a possibility. You have to account for that when you're deciding whether the research will give you enough benefit to justify paying for it.

      If the only benefit you'd get from the research is the ability to manufacture and sell the product, then you have to figure out what kind of advantage, if any, you'd have over your competitors. There are other ways to compete besides price: for example, maybe you have the biggest manufacturing operation, so you'll be able to meet demand while your competitors will struggle to keep up. Or maybe you have the distributor contacts needed to get the product into stores. Maybe you can offer better customer service, more variety of colors and accessories, etc.

      Or maybe you can't offer any of that. In that case, you might decide to band together with all the other manufacturers and split the research costs, and hope that no new startups will be able to compete with all of you. But you're probably better off letting someone else pay for the research - someone who'll extract more benefit than simply being able to manufacture the product, like a group representing the people who will eventually use it.

      No matter how you layer it the competitors can and will, if allowed, scalp your products. That's only a problem if you base your business model on the idea that you're the only one who can manufacture a certain product. As we can see from the real world, most companies aren't in that position.
      --
      Visual IRC: Fast. Powerful. Free.
  127. you didn't listen to me by circletimessquare · · Score: 1

    i said i accept every negative you say about the war on drugs

    and then you go and enumerate what i already know

    the war on drugs, when it comes to meth, heroin, or coke, is still better than accepting these 3 hardcore addictive drugs into society

    if you don't understand or accept or consider what those drugs do to real human lives, you simply do not have a valid opinion

    go ahead and enumerate to me the negatives of coke, heroin, or meth on human lives, and then tell me again that the negatives of the war on drugs is still worse, and then i might consider you worthy of talking to

    but too many of the type who say "all drugs should be legal" go on and on about the negatives about the war on drugs, and don't say ONE SINGLE BAD THING about the effects of hardcore addictive drugs themselves on human lives and in terms of human suffering

    which means their opinions are instantly invalid and flawed and delusional. perhaps the addiction-driven rationalizations of an actual hard core drug addict, in fact

    as if society makes some drugs illegal just because uptight social conservatives don't want people to have fun

    if only that was reality

    in the case of marijuana, society in fact is deeply flawed and racist in the origins of the laws against marijuana (and not alcohol? which is a worse drug than marijuana in addiction and negative effects?)

    but when it comes to heroin, coke, and meth, you have to look at what these drugs actually do to people. it frankly zombifies them

    and so these substances must be fought. the human toll in misery from marijuana, alcohol: not worse than the misery of a war on these substances. but herion, coke, meth: the human toll in misery of the war on these drugs is LESS WORSE than then human toll in misery of the actual effects of these substances on human lives

    to not understand that is to have no real life experience with these drugs

    i've seen what these drugs do to lives that would otherwise be rich, and ar enow permanently hobbled

    you can't make laws against people cheapening their own lives. people will always go to these hardcore drugs, no matter how much you educate them. and so they must be fought, forever

    and this is still cheaper, in actual dollars and in quantities of human nisery, than tolerating heroin/ coke/ meth, in any way

    study what hard core addiction does to people

    weigh the value of that effect to its proper due

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you didn't listen to me by Andrew+Cady · · Score: 1

      the war on drugs, when it comes to meth, heroin, or coke, is still better than accepting these 3 hardcore addictive drugs into society Everyone can agree that addiction to these drugs should be fought. But the question is: How? Is prohibition (courts, prisons) the best mechanism?
  128. New business model by Whoever · · Score: 0

    Here is how it works... I download your shit off the internet for free. If I like it I will go to your concert when you come around my town. If I *really* like your record and I have money I will buy it...sometime. Unfortunately, I am poor so that is not going to happen right now.

  129. I Do Not Believe in Intellectual Anecdotes by Antique+Geekmeister · · Score: 1

    Notice that the author never actually says what group he was speaking to, just "100% young people". Given his topic, does anyone else think he either made up the part about 500 people showing up, or they were forced to attend and didn't feel like raising their hands? Or they're from one of those groups where if someone already has their hands up, you don't raise your own because you don't want to stand out? And can anyone else vouch for the numbers present, or the response of the audience?

    If he wrote a review of a new cell phone with a particular feature, we'd demand to know the model or at least some examples. But to take this kind of conclusion from an unverifiable, and somewhat unbelievable anecdote? I think the article is alarmist, and easier to write based on such an anecdote than it would be based on verifiable facts.

  130. copyright terms by falconwolf · · Score: 1

    when George Gershwin wrote "Rhapsody In Blue" he assumed he would hold the copyright to it for 17 years. (I don't know the technical details, maybe copyright law was extendable then

    In Gershwin's tyme copyright was 14 years with 1 14 year extension possible.

    By patenting an invention you restrict other people not only from using your invention but also from inventing it themselves.

    This is one of the problems I have with patents. If two people independently invent something at the same tyme whoever patents it first can prevent the other from benefiting from the invention.

    Falcon
    1. Re:copyright terms by Anonymous Coward · · Score: 0

      > This is one of the problems I have with patents. If two people independently invent something at the same tyme
      > whoever patents it first can prevent the other from benefiting from the invention.

      This is solely a flaw in the _implementation_. If it is even _possible_ for two people to invent it even close to the same time it was definitely obvious and has no right to any patent protection whatsoever.
      Of course this means that instead of 100s of thousands of patents we'd only have a few 100 a year at most..

  131. Wrong Issue by severoon · · Score: 2, Interesting

    The OP is framing this discussion improperly. This shouldn't be a discussion about morality or ethics; this should be a discussion about what is and what will continue to happen.

    The fact of the matter is that companies want the right to sell whatever product or service they like, without being compelled to package those products and services in any way by the government. In this particular case, they're lobbying government to correct the slight of omission against the industry—that is, they feel victimized as no one is really helping them stop so-called "illegal" downloads from occurring and it's law enforcement's duty to step in.

    Well I personally believe that any business should have the right to sell whatever they want, packaged any way they want (a broad and untrue generalization if ever there was one, to be sure—certainly we don't want to go back to the early 20th Century robber barons, so there have to be some controls in place to deal with monopolies and such). And I don't support any action that would compel me, were I to start a business, to package my products or services in any particular way. What I sell and how I sell it is a problem for the free market to solve, not government. What companies further want, and will never have, is the right to sell whatever they want packaged any way they want free of restrictions from the customer. This, quite simply, will never happen in any business. At the end of the day, in a capitalist democratic republic, the people can and always will vote with their dollars, and I don't believe that's going to change any time soon, nor should it. We can argue ethics until we're blue in the face, but it won't change reality...specifically, if people don't want to pay for what you're selling and there's an easier, more convenient way to get it, then that's what's happening. Forget about asking Is it right? Is it fair? Instead, try: Is it moot?

    Businesses ought to be smart enough to sell customers the products and services they want in the way the customers want them packaged...this isn't rocket science, it's just good business. Music companies used to sell us music, and if you had the tools, you could legally make as many reel-to-reel or cassette tape copies as you wanted, provided they were for your personal consumption (turns out that it's considered "personal consumption" if you take your music over to a friend's house and play it there). Practically, the music companies may not have liked the idea of the time-honored tradition of guys making their sweeties mix tapes from copyrighted CDs...but they were smart enough, after some initial friction I'm sure, to lay off and let things unfold naturally. Sure, they included toothless legalese and mostly kept up a facade of controlling things, but everyone—and I do mean everyone, including those in the biz—regarded such restrictions as quaint. So how did this work out for business? Why didn't the mix tape deep-six their profits? Because mix tapes signal emotional investment to the sweetie-in-question for one big reason: they take time and effort. Music companies that provided music to customers in a way that they found convenient and enjoyable could still generate a good buck.

    This time, however, it's completely different (much like it was completely different all the other times, too: cassette deck, reel-to-reel, VCR, CD-R, etc). The fact of the matter is, music companies want to sell people rights nowadays, not music—the right to play this song on this device, the right to transfer this song from device 1 to device 2. But people don't want to pay for these rights...customers want to pay for music. Dealing with companies to buy a legal abstraction is too troublesome when all people want is music, same as they've always had. Since the companies aren't selling music, though, the only way to get it is to steal it. These companies are all too willing to dig into their war chests to pro

    --
    but have you considered the following argument: shut up.
    1. Re:Wrong Issue by Admiral+Ag · · Score: 1

      Nice post. My own opinion is somewhat different. As an academic doing research, copyright is a continual pain in the ass. Every researcher really needs to have all the world's research at his or her fingertips in a searchable manner. It's a nuisance to have to pay 5 bucks to read an article (which might be useless) or jump through hoops to get others. It's better than it used to be, but it is still nowhere near good enough. In this case the solution is to digitize everything and then get universities to pay for access for all their faculty and students. This is starting to come to pass.

      I think more taxpayer funded information repositories are the way to go. Thinking about copyright as producing a benefit ignores the massive benefits of freeing information. Music was so much better after Napster (I downloaded a lot, but my CD purchasing quadrupled at the same time, and I now use iTunes for all my downloads). The students are right: it seems absurd to think that massive freedom of information is a bad thing. That ought to be non-negotiable. What needs to be negotiated is the funding model. Either taxation, or subscriptions or something else. Whatever it is, it will be better than the current system.

      The creators of copyrighted material just have to accept that people want to consume it where they want, and how they want, and on what device they want, and, most importantly, that they want it immediately. The best thing is that you cannot stop them. They now have the power, and they won't give it back. So either get with the program or go out of business. There is money in it. Apple has demonstrated that (I'm sometimes horrified at the amount I spend on iTunes).

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    2. Re:Wrong Issue by gordo3000 · · Score: 2, Insightful

      a few points:
      I've never once seen a 14 year old tithe any real amount of money to any war chest of a corporation. It's always those kids who looked forward to playing tiny sums into the chest that became the big consumers later. The danger is if the 14 year old learns and gets confortable with bit torrent, he will NEVER have any reason to pay for music again.

      I've seen people who can't figure out how to install a program(any program) learn to use bit torrent in under 20 minutes. It's amazing what a financial incentive can do. So 20 minutes and you will never have to pay for music again... and it's better quality than any online store even comes close to offering.

      mix tapes are not in any way equivalent to what I can do now. If my girlfriend burns me a cd of 10 songs I like to listen to in my car, it's trivial. If I download the entire garth brooks, michael jackson, beatles, alan jackson, and 3 more artists COMPLETE works in 1 night, it's a different story. It's hard to compare the losses between the two. I have no reason, ever, to pay for any of this music outside of a warm feeling of supporting an artist. Concerts are not an equivalent form of paid work for an artist and it's ignorant to think it is. paid for distribution of music allows for everyone who likes an artist to enjoy music and support an artist (as a career) even when they are limited geographically for one of many reasons (including a lack of density of fans to actually make money at each concert).

      The problem with downloading is it completely distorts the market. The market works because if there is a product people want, the market can reach a price where it clears. But the key method in which the market communicates information is by a price. All we currently know is that 20$ is too much and 0$ has lots of demand. Well guess what? it doesn't take a genius to see that people will consume your product for FREE. And when 0$ as a reliable option exists, no price you set will communicate real information from the markets. For all we know, if free downloading didn't exist, maybe 20$ would be the level CD's would continue to clear at and now, the only benefit of paying for music is ease of distribution. It means the market has real problems pricing the value of music to the consumer and coming to a proper level.

    3. Re:Wrong Issue by Naturalis+Philosopho · · Score: 1

      First, let me say that I liked your post. But..."Distorts" the market? Lets argue for a moment that it near-completely un-distorts, or levels the market. When I was 15, I would buy a CD every week. A lot was determined by who I liked, granted, but as CD prices crept up (this was late 80's) I would often have to buy only the CDs at the prices I could afford, completely forgoing new CDs priced at $18.99 for the older CDs priced at $14.99 (yeah, $3 made a difference to me at 15). This creates a disconnect between what I liked and what I could purchase, AND it drove me to listen to more radio, moving the "profit" from the RIAA companies to Clearchannel. This also drove me away from the newer music as I got into early 80's punk bands and wound up not being able to tolerate "todays" music (I don't purchase or download music now at ANY price).

      Now, at a price of free, everyone can download exactly what they want, giving a completely precise picture of what people really want. Let me reiterate that, a completely undistorted picture of what consumer's want. If you have such a market, then the playing field opens up to anyone who has the smarts to make a product worth selling/buying, and that is a level market.

      Imagine if the RIAA members had bought Napster in 1999 instead of litigating against it, they would have had a one stop source of determining exactly what the worlds consumers wanted in music and been able to hone their offerings accordingly instead of coming out with boy-band-#-56 every year. Imagine being able to "audition" groups knowing by their sound whether or not they'd be popular in advance, where they'd be popular, and to what degree. It would be like American Idol with all music groups competing. The missed opportunity is staggering. This is tip-of-the-iceberg stuff when it comes to what they could have done with this information in terms of marketing (marketing/advertising, BTW, being the biggest "distorting" factor in an open economy. Period.) Not knowing how to use an opportunity is not a distortion, it's, well, not opening the door when opportunity knocks and then sitting and thinking that it never came-a-calling.

    4. Re:Wrong Issue by severoon · · Score: 2, Insightful

      I've never once seen a 14 year old tithe any real amount of money to any war chest of a corporation.

      What's the biggest demographic that buys what the large music labels are selling?

      It's amazing what a financial incentive can do.

      True—but why is it different this time? The same argument has been rolled out after every new technology advance. The first time someone could tape a song off the radio and play it any time they wanted, for instance.

      ...you will never have to pay for music again... and it's better quality than any online store even comes close to offering.

      So...explain to me why it's reasonable for music companies to expect me to get in my car, go down to the mall, pay $20 for a CD that contains 13 songs I don't want and one that I do when I can download the one song that I want right now..."and it's better quality than any online store even comes close to offering." You're making my point for me. The music companies aren't making it convenient for people to give them money.

      [Rod Serling's voice] Picture if you will, a man who knows nothing about BitTorrent pays $1 for a top-quality recording of a new song that begins playing within seconds. Doo-doo-doo-doo, doo-doo-doo-doo.

      If I download the entire garth brooks, michael jackson, beatles, alan jackson, and 3 more artists COMPLETE works in 1 night, it's a different story. It's hard to compare the losses between the two.

      This is a common argument made against piracy. The first time I visited the Microsoft museum in Redmond, they had erected a giant LED board that constantly ticked up the total loss incurred by MS due to software piracy. However, I would point out that just because you download the complete catalogues of these artists does not mean they have incurred losses equal to the retail price associated with the CDs containing those songs. This is the logical fallacy of the false dilemma—it presents a choice between two and only two options—buy the complete works of 7 musicians or download it for free—when there is really a third, and far more likely option: do nothing at all.

      If I download a cracked copy of Adobe FooBar and install it, this only costs Adobe money in the case that I would've gone out and bought a copy of Adobe FooBar had the cracked version not been available. In the case of Adobe FooBar, however, I can tell you without a doubt that it's so expensive, if I don't get it pirated, I won't be getting Adobe FooBar at all. I'm pretty sure there's not a marketing executive alive that would tell you they'd rather have someone not using their product than using it without paying. The illegal user promotes marketshare, brand recognition, mindshare, and a list of other minor benefits that a non-user doesn't.

      Why do you think Microsoft didn't secure early versions of all their software so that it was uncrackable? Are you under the misapprehension that the necessary technology and methods don't exist?

      Concerts are not an equivalent form of paid work for an artist and it's ignorant to think it is.

      Do you know how many albums a band must sell under the standard record label contract before they break even with their label? And then, once they break even, do you know how much of that $20 CD retail price actually ends up in the average musician's pocket for each subsequent CD? It's fashionable these days to think that Metallica, one of the biggest crabs about all this P2P filesharing movement, represents the average band. They do not. Metallica cares so passionately about filesharing because they are one of the very few bands in existence that has negotiated very favorable terms with their label, and so they actually do make money off of album sales. Most bands do not. Most bands yield all or most of their album profits to

      --
      but have you considered the following argument: shut up.
    5. Re:Wrong Issue by Anonymous Coward · · Score: 0

      it's better quality than any online store even comes close to offering.

      The end.

      $20 for an album on a CD isn't even close to worth it when I don't want the whole album and didn't even want it to be on a CD.

      If songs were available in an easily searchable and downloadable manner, without being locked behind proprietary formats and proprietary software, with the ability to listen to a sample, with the perpetual ability to redownload an already purchased song, and for a reasonable price, then maybe they wouldn't have such difficulty getting my business.
    6. Re:Wrong Issue by gordo3000 · · Score: 1

      you're right, downloading has shown that there is large demand at a price of 0. whoopie, that doesn't help a company in any way shape or form figure out what is the correct way to do business. it simply states that if you make your product available for free, people will buy it. I submit radiohead did well for the same reason charities can get money: people felt like they ought to give them some cash for their work. this does not mean radiohead 10 years ago would have seen anywhere near that level(if they were starting today, that is) and 2.40$ is a legitimate amount they could demand from any record company for their cd's.

      that a popular band finds fans loyal enough to pay them is equivalent of me bringing up metallica as a band against piracy : NEITHER are in any way average. Both are incredibly popular bands that can do just fine. I only personally know 2 artists(successfully making a career in music) and I can say both turn most of their money by sales of cd's after small scale concerts. they earn just barely enough to do concerts.

      the market is simple: any way buyers and sellers come together and can communicate through actions the prices they are willing to deal at. piracy is NOT the market because it lacks 1/2 the equation: the seller.

      I'm not saying I care if record companies go out of business. I frankly don't really care if every musician goes broke because I download their music. But I am very aware that my actions state a simple fact: I have choices between paying 0 and x$ after deciding I would like to consume, even if I value the object at 10*x, I will still pay 0$. I have heard many people talk about this mythical third option of just not consuming, but the fact that the downloading scene is so massive and vibrant(probably rivaling record sales in a given year) leads me to believe that overall music consumption is UP, not down in the last few years. So either music is better now than it used to be, or it's just as good and the massive price discount of 0 really helps boost demand. or somewhere in between. or music is worse and free is just that damn attractive. it's hard to say which given how dynamic the market is.

      but I do know that without a functioning price mechanism(one where you do without or consume at a price that is agreeable) you cannot argue the market is actually communicating much meaningful info. Do I think the days of the cd are over? definitely. You couldn't pay me to buy a cd. you also couldn't ever make me agree to pay for a low quality download. and now that I have the torrents, it's doubtful you'll get me to pay for any music at all.

      as to your questions about MS having the tech to lock down their product: They didn't. If you believe that, then you'll have to explain to me how, now when they are trying, they are failing just as miserably (as is every other company attempting to do it). yeah, yeah, I know it was rhetorical, but it begs the question. I don't expect an answer, I understand it's extremely complex.

    7. Re:Wrong Issue by ChaosDiscord · · Score: 1

      The problem with downloading is it completely distorts the market.

      Quite the opposite. Downloading clears up existing distortions in the market created by government regulation. Copyright is an artificial government granted monopoly. Absent copyright law, competition should quickly get the price of a single unit down to just above the cost of production of a single unit. Given the internet, the cost of production of one more copy is essentially zero, so the price can be and is zero.

      I'm not saying this is good, simply that it is.

    8. Re:Wrong Issue by severoon · · Score: 1

      ...demand at a price of 0...doesn't help a company in any way shape or form figure out what is the correct way to do business.

      You're right about this...it doesn't help them figure out a correct way to do business. This is as it should be—as a customer I don't feel I ought to be compelled to help companies. As a business man I wouldn't expect it of my customers, either. Because, as you correctly point out, it doesn't work.

      ...2.40$ is a legitimate amount [Radiohead] could demand from any record company for their cd's

      Well, they could demand it before, but they certainly wouldn't get it. Now they can realistically demand it because they have another avenue. As a point of contrast, Metallica doesn't get nearly that much per CD through their super-sweet deal with their label.

      I only personally know 2 artists(successfully making a career in music) and I can say both turn most of their money by sales of cd's after small scale concerts.

      Umm...those CD sales actually count as concert revenue, along with tickets and t-shirts and all the other trinkets they sell at concert venues. So basically, you're unwittingly saying now what I said in the last post—bands don't earn anything from their contracts with their labels, it's all concert sales.

      that a popular band finds fans loyal enough to pay them is equivalent of me bringing up metallica as a band against piracy : NEITHER are in any way average.

      I wasn't using Radiohead (or Metallica, for that matter) in my argument in any way that requires them to represent the average. So my point still stands. I did use them to refute your assertion that, if music is free, people won't pay for it. So what I did was find a specific, relevant example where the music is free, and people still paid for it. Furthermore, my point was that they paid for it happily because service does matter, and getting it from Radiohead's site was easier and less risky than from Pirate Bay. And people are willing to pay for music that's easily obtained, even when not being required to do so. (I'm not really big on rehashing my arguments several times over, but it seemed like you really missed what I said on this one.)

      the market is simple: any way buyers and sellers come together and can communicate through actions the prices they are willing to deal at. piracy is NOT the market because it lacks 1/2 the equation: the seller.

      Well, you're free to believe that piracy is separate from "the market" and it doesn't communicate anything important, but if you want to run a successful business it pays to take account of reality with all its warts. Or you can stick your head in the sand and say, This isn't the way it should be, so I'm going to operate as though it isn't. Good luck with that.

      I have choices between paying 0 and x$ after deciding I would like to consume, even if I value the object at 10*x, I will still pay 0$.

      That's you. Not to offend, but frankly, no one's interested in you. I'm talking about Joe Average. Radiohead posted their album for free, and 60-some % of the downloaded were unpaid. Of the 40% or so that paid something, the average payment was $6. If you run the numbers like I did, you too will find that Joe Average paid $2.40 per download. Joe Average is who we're interested in, and Joe Average isn't doing what you do. So what have you got to do with this discussion?

      but the fact that the downloading scene is so massive and vibrant(probably rivaling record sales in a given year) leads me to believe that overall music consumption is UP, not down in the last few years.

      You were led correctly. Music consumption is up, and as more music is pirated through file-sharing, record companies are making more money. They're not advertising that, but it

      --
      but have you considered the following argument: shut up.
    9. Re:Wrong Issue by gordo3000 · · Score: 1

      completely agreed. but the question about the government granted monopoly is a question of US economic policy and piracy either becomes a non-issue or some level of illegal depending on how we resolve that issue.

    10. Re:Wrong Issue by gordo3000 · · Score: 1

      here is my issue with your radiohead argument. I realize now in a rush (i'm at work in another country so I basically do this on breaks) I failed miserably in pointing out why they are a terrible example.

      The fact that people paid DOES NOT mean people are paying for music due to quality or ease of use. They are paying out of CHARITY. There are huge write ups about this going on in economics about what it means for the future of the music market. If those 40% of fans were paying for ease of use or quality, then some minimum price would have sufficed. But they had the option to pay 0 and chose to give money to the band out of whatever (the warm fuzzy feeling of helping a band, sticking it to the labels, whatever you want to call it). If it's the warm fuzzy feeling, it goes really well in line with charity. This implies something about the charitable work of certain fans, but less so about the market paying for an item.

      I'm not going to say that charity is easy to define any further than the nebulous paragraph above, but I've never read anything that really helps quantify it.

      As to CD sales at a concert, if I have been told correctly, when you are signed to a label those are not part of concert revenues but rather, CD revenues which go into the same machine as sales at wal-mart. This is why I lump that into cd sales rather than concert revenues. I could very well be wrong and if you have a site to point to with drafts of basic contracts, I'd like to see it out of curiosity.

      As to windows, all I can say is I know a grand total of 4 people that have ever paid 300$ for windows. The other 400 or so paid about 25 dollars(or got it free depending on how you look at it) and it was legal. The false idea that most users are stuck between paying 300$ to upgrade windows or do without is false and does not represent the vast majority of how people get an OS. Traditionally, your choice was to pay 300$ to upgrade, to buy a new computer and either have it be a Mac or a PC (or do without); it was never just a choice between 300$ for the OS or changing systems. but again, this is neither here nor there.

      I'm out of time, so I understand this post is a bit thin on good content and heavy on rambling.....

    11. Re:Wrong Issue by severoon · · Score: 1

      The fact that people paid DOES NOT mean people are paying for music due to quality or ease of use. They are paying out of CHARITY.

      Clearly, the music, the quality of the music, and ease of use have something to do with the fact that people paid. Without those elements in place, I doubt that many of the people sending money would've still sent their money to Radiohead. I'm not arguing here that $2.40 per album is the definitive golden amount that albums are worth...I'm saying, in general, that in a world full of piracy there's money to be made by bands making music. The jury's still out on exactly how much and exactly what form it will take. The main point is that the band is more motivated to get their music into the hands of others than anyone else in the world. The extra work they're willing to do to make that happen is a valuable service that customers will pay for. I don't claim to know how much and the mechanism whereby the money will be transacted, but clearly there is something there.

      At the same time, regardless of whatever technology you're talking about, there will always be those that are committed to getting that music for free. And they will succeed. They will succeed because there is no fundamental way to stop these people. It is a well-known cryptographic principle that if person A (Radiohead) is trying to communicate information (music) to person B (Joe Average) while preventing person C (a pirate—ARRRRR!!!), it is absolutely essential that the two communicating parties be trusted. Specifically, that neither A nor B will share that information with C. In this case, Radiohead can't possibly trust Joe Average in every case to keep their music from a pirate. Hence, there is no way in principle to sell music to B in a way that C always ends up either without the music or paying for the music.

      As a practical matter, however, it is good business to recognize the inflection point at which C becomes so dedicated to theft that it is no longer worthwhile to prevent it.

      As to CD sales at a concert, if I have been told correctly, when you are signed to a label those are not part of concert revenues but rather, CD revenues which go into the same machine as sales at wal-mart. This is why I lump that into cd sales rather than concert revenues.

      Let us presume you are right. If that is so, then the amount of money passed through to the band from CD sales at concerts is the same as that passed through from CD sales at Wal-Mart—for most bands, this is effectively no money until their 100,000th sale, as it takes that many CDs to pay off their debt to the label (I don't know if it's 100,000 or 20,000 or 1 million, but you get the point). After that magic number, the band starts making money from each sale...but it's a tiny amount for the vast majority of bands. So even for fairly well-known bands, if they're not in the A-list upper echelon, the vast majority of their income comes from concert tickets, promotions, endorsements, and other activities not covered by the contract with the label.

      If I was right in my last post, and CDs sold at concerts are considered concert revenue, the band gets to keep all the proceeds from this vanishingly small percentage of overall CD sales, so that's even better for them. Notice, though, that in either case, whichever way it goes, if the band's not playing concerts then these CDs sold at the concert venues don't exist at all. There's no option that allows even those sales if the band isn't playing concerts.

      As to windows, all I can say is I know a grand total of 4 people that have ever paid 300$ for windows. The other 400 or so paid about 25 dollars(or got it free depending on how you look at it) and it was legal.

      This is untrue. You've met dozens if not hundreds of people that have paid more than $25 for Windows. I'll bet you've even met a few people that have paid for a legal copy of Windows without actually gettin

      --
      but have you considered the following argument: shut up.
    12. Re:Wrong Issue by gordo3000 · · Score: 1

      I like your ideas but I have no time to respond.

      just this for the cost of windows to manufacturers:
      http://blogs.zdnet.com/Bott/?p=118

      it's the closest I can get to. so following these points, the most I can see people paying for windows in 50$. I've seen several other quotes online that MS charges Dell 25 to 50$ but with the bloatware they throw on, the actual cost to Dell is significantly less. It's not something where we can see the total contracts to value it, but my gut says these numbers are roughly right. Notice I am drawing a line between what I pay and how much money goes into the pockets of MS. I have no doubt these are two very different numbers.

      I think the discussion should be framed purely around where copyrights should be. Are current tenors too long and do we penalize too sharply for violations. Is it in any way a method of securing income for an artist for a limited time. Along with this is how binding we want copyrights to be as a society. I don't have a problem with record labels taking part in this discussion and frankly, they seem to be the only ones that care to(engage in the discussion) and I think the actions of our government are showing that. But there is no reason I see why a book should be treated different from a movie or a song.

  132. Entitlement to the extreme by Anonymous Coward · · Score: 0

    I think you're taking entitlement to content as some kind of sacred right. Culture, in all its forms, has been historically not free (although it is arguably far more free now than in the past). Now I hate the *AA as much as the next guy, but I don't think that music and movies should just magically be free. That's absurd on it's face. And the quality of music/movies these days isn't so great that I'd say "humanity" is losing out on their content (do you really think tens of millions of people benefit that much from the dribble that comes from pop artists?).

    I (and I believe most rational people) have no problem paying a reasonable sum for goods and services. I happily reward good service with extra dollars. The problem with the *AA (aside from their strong arm law tactics) is that the quality of their products is shit and not reflected in the cost of a purchase.

    The high demand for content/culture is why they get away with this crap. People need to take a step back, a deep breath, and control their desire to consume media immediately and for free. Seriously, it is possible to go a day without music/TV. I've done it.

    1. Re:Entitlement to the extreme by Chandon+Seldon · · Score: 1

      You're asking the wrong questions.

      The question that matters here is a very simple one: The cultural works (songs, movies, and TV shows) already exist. The textbooks to teach every school subject up through undergraduate level already exist. The effective cost to distribute these things to everyone with an internet connection in the entire world is $0. How can we morally justify excluding anyone from access to these things?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  133. if you agree it should be fought by circletimessquare · · Score: 1

    then i have no argument with you. the argument i have is with those who think it should be legalized

    unless you think it can be fought, and be legalized, at the same time. which is absurd

    if you think fighting heroin and legalization can coexist, you don't understand that what motivates people to take something like heroin is a cheapening of their own lives. everyone cheapens their life at some point in their life. it is in fact normal, to cheapen yourself at one point or another, a sort of psychological experimentation. but if heroin is there during that time of weakness, then at that moment in time, you have been given a gateway to a lifetime of zombiehood, because of a brief time period of experimentation? not morally or tactically expedient then to make heroin freely available

    in which case, the primary observation is that you must decrease exposure to heroin anyway possible. legalizing it increases exposure, and so legalization is an impossibility if minimizing harm is your goal

    every single other tool you have in fighting something like heroin, every single tool and methodology, real and imagined, falls secondary to the most important method: minimize exposure

    exposure to the drug itself is the worst problem, because that's all heroin needs

    and so legality is never possible if you indeed agree it should be fought

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:if you agree it should be fought by Andrew+Cady · · Score: 1

      You make the presumption that there is a choice to be made between availability and inavailability. But that is not the choice to be made. Regarding the question of drug legalization, the choice is between prosecuting or not, and prosecuting exactly who, and doing what with them afterward?

    2. Re:if you agree it should be fought by khallow · · Score: 1

      unless you think it can be fought, and be legalized, at the same time. which is absurd What makes that absurd? That's what's done with nicotine and alcohol. And I don't see the effects of heroin or cocaine sufficiently different to say that they can't be handled in the same way.
  134. baby boomers by OrangeTide · · Score: 1

    While the baby boomers are the primary voter base, and the woodstock-turned-corporate-shills generation continues to be in charge of the government at all levels. I think the generation that does not see IP infringement as a crime is in for a rude awakening. Maybe in 30 years, but if they are anything like the free love hippie generation, they will sell out in their old age.

    --
    “Common sense is not so common.” — Voltaire
  135. Regarding piracy helping the RIAA by Skiboo · · Score: 1

    I wonder if it's occurred t you that when you pirate the music that the RIAA 'owns', that you help to cement their monopoly and keep the independent bands from accessing the distribution methods the corporations have locked in.

    It is something I've thought about over the years. I think that this might be true for say, Photoshop, or windows. If nobody could pirate it hardly anybody would use it and they'd go out of business. For music I'm not convinced of this and here's why:

    If some newbie gets onto P2P for the first time and can't find whatever crud it is they listen to then they're going to get frustrated and leave without discovering the joy of all the eclectic and wonderful music out there. They'll just go back to itunes with its crappy catalog. Back in the days of napster it had a great social aspect via its little chat rooms that caused an indie music explosion, yet if you couldn't get the songs you wanted from napster you never would have ended up in those rooms. Now that aspect is diminished but at least once someone gets the hang of the pirate bay they might start browsing through the torrents and grab something that sounds interesting. They might even buy the album as a result. Who knows, it might not even be owned by Sony.

    A second reason I'll never stop doing this has nothing to do with 'fighting the man' or such, it's just that I really love music and want to share it with as many people as possible. Not many people are sharing some of the albums I have so I like to keep it out there for more people to experience, no matter who owns the rights. I wouldn't have heard one hundredth of the music I've heard without piracy.

    If everybody (using p2p) stuck to their guns on this issue in the way you're suggesting, P2P would be gone in a short time and everybody would be back to getting screwed again. Short of a revolution the RIAA's control of music distribution isn't going away just by a few people not listening to it.

  136. you missed the point completely (again) by commodoresloat · · Score: 1

    Coke, meth, heroin are illegal now. And yet they have still caused all the misery you speak of. The drug war has not resulted in any decrease in the misery or addiction. In fact, the drug war has made these things worse; that is a documented fact of history that keeps repeating itself.

  137. Re:Here's my take: by SolitaryMan · · Score: 1

    Let us hope that may be they will change IP laws to make actual sense? (I'm talking about copyright)

    --
    May Peace Prevail On Earth
  138. See it from the creator's perspective by einar2 · · Score: 2, Interesting

    Somehow the whole discussion here takes the side of the consumer who would like to have something for free. Fine. However, did you ever though about where it comes from?

    In central Europe we have a problem with MythTV because the electronic program guide is hard to come by. So, I though I could develop such a service. The cost side was quickly estimated. My time for the development, the time to maintain the service, the cost to collect the program information (some TV stations demand money for this information). A quick look showed that the market would be big enough to sustain a business case based on a moderate monthly fee for my service.
    The results of a quick survey were disastrous: Many people easily agreed to pay 5-10 EUR per year because they could share the program information with four, five friends. In the end, I had to factor in the people just sharing the information from the service. Due to this, there was no market left, the business case collapsed.
    No, I did not spend my time and my money to develop an electronic program guide for MythTV in central Europe.

    Did you ever though at how many maybe useful things we do not have because your attitude as a consumer did not make it worthwhile?

  139. worst-case example by vpaul · · Score: 1

    No, that's not the worst-case example.
    Worst-case example would be something like
    "Make thousands of perfect countefeit copies of a DVD
    and make heavy dollars selling them."
    I think a lot of students would have raised hands here.

    But he didn't ask that question.
    He just wanted to show how immoral today's youth is,
    and that question would have spoiled this.

  140. different economics by djfake · · Score: 1
    there's a different economics at work that comes into play: scarcity. back in the day when I was a teen, music was available on LP or 45; almost exclusively. the format didn't lend itself to portability, and - memory serve me - although the cassette was around, it wasn't until the early eighties that the walkman made it portable. a couple of decades later, music is completely portable. in fact, due to digital revolution, it's everywhere. yet we are to believe that as consumers, we are to pay the same if not more for it.

    somewhere in here lies the irony of the matter. regardless of law, it's simply not scarce anymore and since it's ubiquitous, it's now worth nothing. or at least a lot less than it was back in the day when it arrived in a 12" chunk of plastic.

    itunes has to be the ultimate proof of the ridiculousness of this digital revolution. we are led to believe that digital music is worth $1.00 per song? it's not even the real thing (compressed) and what do you get with a purchase - the right to listen to a facsimile of music. it's no wonder people download music with regard to the rights of the copyright owner.

    in the future, the price of digital music will be corrected. in fact, when I talk to my friends that run record stores, there seems to be a revolution at foot. CDs are being dumped en masse. Why? the guess is that people are realizing that they can make facsimiles of the music on their CDs to play on their sub-audio devices (computers/ipods) AND sell the CDs for cash. this makes even more music available at a lower price than new purchases - in an exchange offers only the sellers - prior cd owner and record store - profit.

    the irony in all of this - the cachet of vinyl is increasing because it is a physical item. and scarce. seems to me that making money from music is a losing game.

    --
    www.itjerk.com
  141. Well said. by SD-Arcadia · · Score: 1

    And I can't wait for that cottage industry 21st century style to dominate the overgrown corporations of the 20th century. I would mod you up if it was my mod day.

    --
    https://dalgamotor.wordpress.com/ - Elektronik beyinlere ozgurluk asisi (Turkish)
  142. And corporations getting 90% of profit is moral??? by master_p · · Score: 1

    The concept of morality is defined in the greater scope of society, not only within a specific sector. When politicians are corrupted and steal, corporations steal or "steal" by getting all the profits for themselves, when Nike and said companies sell their 10 dollar sweatshop-produced shoes for 200 bucks, when money is god and our culture can be described with one simple word ("capitalism"), why do we expect young people to have any morals? who is moral enough to accuse youngsters of being immoral?

    Hey, now that I think about it, let who is without sin cast the first stone.

  143. It's an Economic, Not Moral, Issue by reallocate · · Score: 1

    It isn't a moral issue, it's an economic issue.

    For centuries, people have been willing to pay for good, great and less than good art. However you measrues it, what set it apart was the fact that you knew that you could not produce anything as original or creative. Art, in all its forms, was, and is, a scarce resource. Art will continue to be a scarce resource. That scarcity creates an incentive to create art and an incentive to acquire art. (The simplistic argument that "true" artists are blind to the economic aspect of their work and create only because they are compelled by some mystic force is naive.)

    People now have the means to copy and widely redistribute art, whether or not they have permission to do that. It's only natural that they quickly decide that they aren't behaving immorally. At the least, that's the obvious way to rationalize the guilt.

    But the production of art -- good, bad, whatever -- has always been intimately linked to the economics of distribution. If you want to see, hear or feel art, someone usually had to pay. That created revenue that funded the creation of new art. It was, and remains, our way of determining what we like.

    Severing that link means people who create art may stop creating art. Sure, technology now allows everyone to create what they think is art and distribute it around the world. But, what I'm capable of creating isn't art, and, almost certainly, what you're capable of creating isn't art.

    A world where artists can't protect their work is a world with a lot less art, and it's a world with a lot of Everyman rubbish masquerading as art.

    --
    -- Slashdot: When Public Access TV Says "No"
  144. Re:Sounds about wrong by rlk · · Score: 1

    For the N+1'th time: *copyright infringement is not stealing*. It's copyright infringement. It's making a copy that the law doesn't authorize. That's not the same thing as actually taking something away from someone. Not to mention that DRM doesn't allow the consumer the freedom to do with the content what they want to.

    People have to devise business models that don't rely on being able to sell copies of things that inherently have near zero unit production cost (the incremental cost of producing another copy of a recorded song is near zero -- note that I am specifically ignoring the development cost here). It's a fairly basic principle that in a competitive market the price of a good eventually falls to its incremental production cost. Trying to impose an artificially high price in this situation leads to a black market. Either everyone is going to be a criminal, or this artificial scarcity has to be broken and a solution friendlier to the market has to be found.

    There are other business models, though:

    * Use recorded music to promote live concerts. Under this model, a musician uses recordings as essentially advertising for live performance. That's a good that cannot be copied -- Neil Young is the only Neil Young, and for many people there is no possible substitute, for example.

    * The "street performer protocol" -- provide the next song, or chapter of a book, or movie, only when people have paid enough for the previous one. That means you have to give away enough freebies to get recognized, then "I'll release the next song when people have paid $10,000 for this one". It certainly at least reduces the potential unlimited upside (although music that's being released directly by the artist might find people more willing to pay even after release than when it's being released by a large recording company). But most of us don't exactly have an unlimited upside from our work; why should creative artists be any different?

    What this does is effectively charge a price for the scarce good -- the work that hasn't been released yet.

    Stephen King tried a variation on this that didn't work maybe 5 years ago, and then tried to use it as a proof that SPP won't work. The variation was to only release the next book if 75% of the people who downloaded the previous one paid for it. Can you see why that's not even remotely the same thing? He wasn't putting a price on the next book, without caring who paid for it; he was still trying to impose a royalty model with perhaps a 25% discount. For the SPP to work correctly, you have to specify *only* the total price for producing the next work. If you want more money, raise the price for the work after that.

    If this spells the end for large entertainment conglomerates, it's a small loss (at most) to everyone else. Like anyone else in a declining sector of the economy (buggy whips, anyone?), they can find something else to do. They're essentially only acting as middlemen in a market that doesn't need that kind of thing.

  145. Trust and respect. by Anonymous Coward · · Score: 0

    "Yeah, generally it seems to be a pretty common idea. The laws and morality in people's heads does not include corporations. "

    Maybe because they're ignorant? What's that you say? Yes they're ignorant because they've been repeatedly lied to both on slashdot and elsewere that this whole issue involves nothing but corporations. But the holders of IP aren't just corporations, but individuals like you and me. Even if money is never lost, the loss of trust and respect is even more important for the continued existance of a society that depends on both.

  146. Companies are a legal identity, why should we care by QX-Mat · · Score: 1

    (its christmas day, time for a little rant!) :D

    It amazes me how companies consistently seem to want to invade our private lives.

    The creation of a company is nothing more than a legal identity granted by the will of government through statue. Companies gain reduced (often "no") individual liability for its workers.

    (Admittedly the world is changing and legislation like the Companies Act in the UK has coded the quasi common law liability into something a little more structured - holding directors at risk)

    but nonetheless, companies are given more protection and freedom from dealings than consumers dealing with other consumers because liberal trade relations are good for business.

    in turn we ask for companies to play fair. We let them self regulate to the nth degree. Occasionally we let them have the benefit of the doubt. When they are too controlling or unfair we look to regulate - think of contracts and the Unfair Contract Terms (and Conditions) Act.

    media cartels are now becoming too demanding on our personal and social life. the limited monopolies we offer them in copyright, contract and patent (the realm of so called 'ip laws' - a layman's grouping of the three. the term "ip law" does not exist in any definition of law) are encroaching and overreaching their limitations. IP is only an assurance mechanism for companies - an assurance of no competition. It is not a controlling method for the end user. In a free market the consumer picks the retailer and agrees with their terms; they should not be automatically subjected to cartel demands!

    in the future we will see more restriction on the way companies operate and influence our private lives (private use of our assets!) and more oversight. Law is generally a 5 to 10 years behind the pace of technology - and the speed of adoption of technology is frightening!

    i predict that sooner rather than later everyone will have a portable media device, and much like the phone, if we are too restricted on what we do with it, legislation will step and make our use permissible.

    After all, we don't have to care about IP when IP is a concern for companies not our private lives.

    Have a Happy Christmas Slashdot, I'm off to party :D

    Matt

  147. Supportive Anecdote by Elfan · · Score: 1

    I'm currently a college student. The current senior class' views are probably what you would expect. They know copyright infringement is illegal but they don't particularly care and go on downloading their movies and music anyway. Their attitudes are similar to their ones on alcohol; don't get caught.

    The freshman however, can not even *conceive* of it being wrong. It's like talking to someone who thinks the posted Speed Limit isn't the law and if you say it is they refuse to believe you even after being pulled over. If this one anecdote is part of a greater trend it does not bode well for any buisness that relies on copyright

    1. Re:Supportive Anecdote by neminem · · Score: 1

      To be fair: it's more like someone who is aware that the posted speed limit is, technically, the law, but thinks that following that law to the letter is pointless at best, and actively ridiculous at worst. And, I dare you: try to find anyone who would argue that you should never drive faster than 65mph on the freeway.

  148. Re:And corporations getting 90% of profit is moral by stewbacca · · Score: 1

    If you think making money is immoral, might I suggest you move to a different country?

  149. Mountains - Molehills by stewbacca · · Score: 1
    You people are reading WAY too much into David Pogue's comments. He isn't accusing anyone of anything. He is merely pointing out the generational attitudes towards downloading music/movies. He doesn't editorialize or demonize the activity at all, he simply shows how attitudes are different amongst different age groups through a fun, informal speaking engagement. If you think he is implicating you for illegal activities, that is probably your own rationalization defense mechanisms kicking in.

    The slashdot summary doesn't help, by tying their commentary against Mr. Pogue to a link that has nothing to do with the Pogue article. Instead, the second link sends us to an unrelated article, that appears to be accredited to Mr. Pogue, even though he said no such thing. Come on slashdot editors, get with it already.

  150. Which C compiler? by tepples · · Score: 1

    The OpenBSD license is so open that GPL code can not be included in OpenBSD at all. So is OpenBSD self-hosting yet? Which permissively licensed C compiler does it use? Apparently, PCC isn't yet enough to compile the whole distribution on all relevant architectures.
  151. Creative Commons doesn't go far enough. by zippthorne · · Score: 1

    Clearly, there are a number of people here and elsewhere that desire for easily duplicatable artistic works to be available for as large a number of people to enjoy as the ease of duplication makes feasable.

    At the moment, the regular market is not providing this, leading to black market solutions.

    But the problem with the black market solution, and also the "get rid of copyright entirely" solution is that the pendulum swings too far the other way, removing the ability for people to become professional artists would reduce the amount and quality of such works.

    CC addresses part of this issue by providing a means for artists to donate all or part of their work to the public domain, but their scope and means are not adequate to the problem at hand.

    What we really need is an organiation (or many) charged with the task of buying works into the public domain. It should not be too difficult to estimate the total monetary value of the various works and thus the total remaining monetary value. If a rights-buying organization offered the remaining monetary value, a rights-holder would be irrational not to sell and realize the remaining value *now* rather than letting it trickle in.

    Since there is little profit in this area, such organizations would probably have to be funded mostly by donation, and with limited budgets, would have to carefully choose the works purchased. I propose that one method would be to maximize the total monetary value of works purchased. Such an organization would eventually snap up the more popular works, but mostly quite a ways into the tail due to limited budgets. Another organization could buy "good" works, for whatever value of good that they choose, etc.

    Such organizations could be established right now under the current copyright framework, so where are they?

    --
    Can you be Even More Awesome?!
  152. More things change..the more they remain the same by Muledeer007 · · Score: 1

    10, 20, years from now -- I'd like to see how old the professor is -- I bet he was copying Cassette tapes like mad when he was in college but he conveniently lapses that memory to strike a blow for the Recording Industry and maybe pull a grant or two. The music industry has been stealing from performers since the 30's -- If you were black, your music was not played in public and purchased for peanuts and re-recorded under white performers and they became mega-stars. Copying has been "okay" since the technology existed, 8-tracks, Cassettes, even CD's - its just the Internet has provided a "mass market" for trading and now, suddenly it's not fair to the RIAA, etc. People, including the Professor's generation have been copying for over 30 years........ Morality is a steady measurement - its been the same since Socrates days -- only the noble cry unfair when peasants hunt their lands for food. Mule

  153. Chastity Bono Act by tepples · · Score: 2, Informative

    IP generally includes patents, trademarks, and copyright protection. It's not confusing, rather, it just refers to these three bodies of law aimed to allow private agents to internalize the positive externality of knowledge by way of a government-granted monopoly So if someone says "intellectual property rights should be expanded", to which of the three bodies of law is he referring? The arguments for expanding the scope of copyrights, the scope of patents, and the scope of trademarks will necessarily differ completely.

    and promote its dissemination into the public domain after a set period of time. You already confused something: of the three property forms you mention, only patents expire. Trademarks and copyrights under United States law do not enter the public domain; they can be renewed indefinitely. Each trademark is renewed along with a declaration of continued use, under sections 8 and 9 of the Trademark Act. A copyright, on the other hand is renewed under a periodic legislative extension of all subsisting copyrights. The U.S. Congress added 19 years with the Copyright Act of 1978 and 20 years with the Sonny Bono Copyright Term Extension Act of 1998, and is expected to add 20 to 30 years with the Chastity Bono Copyright Term Extension Act of 2018.
    1. Re:Chastity Bono Act by Alsee · · Score: 1

      He forgot trade secrets, and you forgot to add it in.
      Trade secrets don't expire. So it's only one out of four that actually "promote its dissemination into the public domain after a set period of time".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  154. Misinterpret? by raftpeople · · Score: 1

    I want to create some programs. If I'm going to spend much tyme writing the programs
    That is what the post said, which seems to imply the person wants to "create" something new.

    You want to take software other people have written, that you get for free, make a couple of changes to it and sell it to other people
    That is how you responded. I'm confused because I didn't see the person say anything about copying software and making a couple changes.
    1. Re:Misinterpret? by Attila+Dimedici · · Score: 1

      He said he prefered BSD to GPL because it would make it harder for someone to copy his software. Why use any Open Source license for software you don't want people to be able to copy, unless you are planning to incorporate existing Open Source software?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  155. Re:Sounds about wrong by raftpeople · · Score: 1

    For the N+1'th time: *copyright infringement is not stealing*. It's copyright infringement. It's making a copy that the law doesn't authorize. That's not the same thing as actually taking something away from someone.
    But they are very similar in the sense that the only reason why either one is "wrong" is because we made laws stating that they are "wrong". There is no natural "right" that exists that says I can't just take your car. For stealing cars and for copyright infringement we created laws out of thin air because there is a benefit to society (yes I agree that IP laws have gone off the deep-end, but the point remains).

  156. Re:Sounds about wrong by rlk · · Score: 1

    Whatever rules have been made, there's a fundamental difference: when you steal something from someone, that person no longer has possession of it. Copyright infringement may reduce the value of something, but it doesn't actually prevent the copyright holder from using it.

  157. Re:Here's my take: by Anonymous Coward · · Score: 0

    They'll "grow up"/sell out like the Hippies and turn into reactionary fear freaks who will be as easily manipulated as all previous generations?

    Contrary to glorifications, most young people in the late 60s and early 70s were not hippies. They were regular folks who required no sell out to be who they are today.

  158. They are not immoral.. just utilitarianisnm! by sonofusion82 · · Score: 1

    Ethics and morality is subjective. Some believe in law and intellectual properties that were created to benefit a few. I guess they now believe in Utilitarianism where the right thing to do is the thing that benefits the majority. http://en.wikipedia.org/wiki/Utilitarianism

  159. The artists are seen as IP holders (even when not) by Tatarize · · Score: 1

    Insofar as there is a shift in the moral zeitgeist it does exclude the corporations but includes the artists. Corporations are viewed as pathetic middlemen who want 15 dollars for something I can burn for a dime. Artists however are to be praised and loved. If anything, the young people tend to want the artists to be the sole beneficiary of the work even when they legally don't own the rights themselves. I've heard many a diatribe against the RIAA on the grounds of artists rights. That above the 10 cents the product costs 100% of that should go to the artist. Though, even that goes back to freedom of information, rather than the non-moral agency of corporations. So the question becomes how does an artist make money on a product which, due to a moral paradigm shift, is no longer required to be bought to be enjoyed and could only be sold by the artists themselves? How does one make money off an army of followers who don't pay for their information?

    It has nothing to do with trust or respect or about cheating artists out of money. In fact, the response is flipped in this regard. If it is a good artistic work (movie, song, album) people are more likely to give away more copies for free. How does one make money off a system where the spread of information is directly related to the information's merit, and the popularity thereof is viewed as the reward rather than profit?

    --

    It is no longer uncommon to be uncommon.
  160. Re:Sounds about wrong by raftpeople · · Score: 1

    Yes there is a difference between the two acts, but the point is that they are similar in the sense that we as a society have arbitrarily created rules for a reason. In the case of copyright it is to motivate people to expend their capital and energy and produce something in the hopes that value will be created. In the case of real property it is to motivate people to expend their capital and energy to produce something in the hopes that value will be created. Both of these allow our economy to function.

    The fact that the copyright holder can still use their work is really not the issue, the issue is exactly what you stated and that is that the value may be reduced.

  161. IP = Insatiable Prostitutes (and Pimps) by Rockin'Robert · · Score: 0

    on both ends = PROFIT$ ... somewhere.
    RR

  162. The artists are seen as idiots. by Anonymous Coward · · Score: 0

    "It has nothing to do with trust or respect or about cheating artists out of money. In fact, the response is flipped in this regard. If it is a good artistic work (movie, song, album) people are more likely to give away more copies for free. How does one make money off a system where the spread of information is directly related to the information's merit, and the popularity thereof is viewed as the reward rather than profit?"

    It has everything to do with trust and respect. Money is just how some choose to demonstrate that. For example if I as a musician decide of my own free will sign a contract with Sony BMG for exclusiveness? Someone sitting in the middle of nowere with their P2P client running distributing my music worldwide is basically saying they don't respect my ability to make decisions for myself. That would truelly be an odd position for a forum that talks about individual freedom. It's also a lost of trust in that my "customers" can't be trusted to honor their part of the bargain that I released my music under. We already have a working system of reward/punishment. Not liking the price is part of that system. Downloading it for free in an effort to circuvent that system is not.

  163. In context? by cavebison · · Score: 1

    I'm not sure exactly what question was asked to get that 2-in-500 response. It would be interesting to know for obvious reasons.

    There could be many reasons for that response, like mistrust in IP laws, the awareness that music middle-men (producers) suck profits from performers, things like that. It would depend on the context of the question.

  164. Nah, simpler example by Estanislao+Mart�nez · · Score: 1

    How about murder?

  165. What will happen then? by Geminii · · Score: 1

    Progress.

  166. strange assumptions... by big_paul76 · · Score: 1

    It's about time somebody made this point.

    Laws, in a democracy, are supposed to be made by governments that are of the people and for the people.

    I'm annoyed at this article for the underlying assumption that copyright infringement = theft, while offering absolutely nothing to back up that assertion.

    The reason that people don't see non-commercial private infringement as immoral or wrong is that, not only is it not "wrong" or "immoral", it's not even an ethical/moral issue. It's at best an economic issue, or an administrative issue.

    Copyright has been broken ever since it's been applied to the behavior of individual citizens. Copyright law wasn't originally concerned with the actions of private citizens, it was concerned with the actions of publishers.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
  167. upgrades by falconwolf · · Score: 1

    Thanks for all the advice (everyone). I have a license for Photoshop versions 1-4, but I don't think they allow upgrades to the latest one for one cheap upgrade price. But yeah, that's always a good strategy.

    You may be able to find PS 6 or 7 that is an upgrade, then use it to upgrade to CS3. You may find something you can upgrade at a computer show, you can check out Super Computer Sale for any sale events near you. I learned from another /.er months ago that you can also find old versions, full as well as upgrades, of PS on eBay.

    My college has Macromedia Studio 8 (or whatever it's called) for $75. I could buy that and upgrade to CS3 I bet, for substantially less than full retail.

    You've got to be careful and check the versions, both as I say about above at computer shows or on eBay as well as what the college sells. If you plan to upgrade, and I bet most will upgrade eventually, you need to make sure the version you buy is upgradeable. Educational versions are not typically upgradeable. For instance I got Macromedia Studio with Dreamweaver, Fireworks, and Freehand through college however it specifically states on the license and packaging that it's not upgradeable. If you look at what eBay has you want to make sure if you buy from eBay what you buy specifically states it is a full or upgradeable version. There are some unopened boxes listed but if it is opened then it's a good idea to make sure the seller has a License Transfer Agreement filled out from Adobe. Otherwise you may not be able to upgrade.

  168. The problem is by omfglearntoplay · · Score: 1

    They are learning from all the evil corporations that rule the world that morality is just another obstacle, just like laws, when it comes to business and money. Not all companies are like this, but a lot of the big famous ones CERTAINLY are. =[ Government doesn't really help... no Kyoto signing for instance?

  169. Mod parent down by Anonymous Coward · · Score: 0

    -1 overrated. Doesn't understand the post he was replying to. Doesn't understand the basic economics of paying people for their work. Relies on the same tired, defeated arguments we see all the time.