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The Copyright Crusade a Lost Cause?

A. Smith writes "Ars Technica is exploring the relationship between property rights and copyright, arguing that copyright holders are making a mistake by stressing similarities between property rights and copyright. They compare P2P users to 18th-century squatters in North America: 'Like squatters of old, many ordinary users find copyright law bewildering and are frustrated by the arbitrary restrictions it imposes. Customers wanting to rip their DVD collections to their computers, download music they can play on any device, or incorporate copyrighted works into original creative works find that there is no straightforward, legal way to do these things.' They conclude by offering that more reasonable, understandable copyright restrictions would result in a user base friendlier to publisher interests."

23 of 253 comments (clear)

  1. if ip = real p, how about some taxes by jt418-93 · · Score: 5, Interesting

    if they are arguing property is property no matter what, then it would seem to me it should be taxed as such.

    just an idea i read about in the last week or so.

    --
    -.no
    1. Re:if ip = real p, how about some taxes by Microlith · · Score: 5, Informative

      And not a new idea.

      The last time this came up on slashdot, a point was made that until some income is derived from a copyrighted work it has no value. Thus taxes paid on such works are via income tax.

    2. Re:if ip = real p, how about some taxes by vux984 · · Score: 4, Insightful

      if they are arguing property is property no matter what, then it would seem to me it should be taxed as such.

      Really? I have stapler on my desk that I don't pay property taxes on.

      On this desk alone I also have a mouse, a telephone, a can of coke, a screwdriver, a keyboard, 2 monitors, a flashlight, a spindle of blank DVDs... all property, all completely exempt from 'property taxes'.

      I'm curious what idiot convinced you that all real property is taxed.

    3. Re:if ip = real p, how about some taxes by shentino · · Score: 4, Informative

      a mouse, telephone, coke, screwdriver, keyboard, 2 monitors, flashlight, and blank DVD spindle are not real property.

      Real property refers to real estate, which is "the land and anything permanently affixed to it". Personal property is everything else.

      Get your definitions straight.

    4. Re:if ip = real p, how about some taxes by sm62704 · · Score: 4, Insightful

      In Missouri you pay propertty tax on your car. In Illinois you don't.

      Property tax is the most onerous of all taxes. You don't pay income tax unless you make money, you don't pay sales tax unless you have money to spend, but if you don't have money for property tax you can lose* your home.

      Please don't advocate that I have to pay property tax on my imaginary property. None of it in any way brings in revinue, and one of the two works I've registered is on a software program for a computer that has been obsolete for a quarter century.

      Considering all the gibberish I've spread all over the internet since 1997 (sorry guys, still no new ./ journal, having a hard time topping the last one) I'd be living in a cardboard box starving to death if I had to pay tax on my copyrights.

      -mcgrew

      *If you leave your door unlocked you'll loose your home.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    5. Re:if ip = real p, how about some taxes by Anonymous Coward · · Score: 5, Interesting

      And last week, I suggested the following "tax":

      - Each copyright must be re-registered on a yearly basis. The fee for re-registration depends solely on the length of the copyright term. By this formula:

      $0.01 * (2 ^ number_of_yearly_renewals)

      Thus, it is $0.01 for the first registration, $0.02 for the second year, $0.04 for the third year .. and doubling.

      So, after 10 years, it's only $10.24

      But, after 16 years, it's $655.36

      And after 32 years, it's $42,949,672.96

      And after 50 years, it's $11,258,999,068,426.24

      This means that any small guy or girl (no matter how poor) can easily keep his or her copyright for 10 years. However, no individual or company will be able to copyright out of the public domain for 50 years!

      I consider it the perfect balancing factor between "publisher's rights" (limited rights, granted to PROMOTE THE USEFUL ARTS AND SCIENCES) vs. the public interest (that'd be ME, YOU, and EVERYONE else).

      Update: If you want to avoid the hassle of re-registration, you can pay in advance. $10.24 as a pre-payment means you're good for ten years without the need to re-register. You can extend by paying the difference ($645.12 after 10 years will give you another 6 without need to re-register) as many times as you can afford.

      The rate $0.01, doubling every year thereafter, is to be enshrined as Amendment 0 in the Constitution and unable to be changed except by 80% vote of Congress, approval by minimum 7 out of 9 supreme court justices, the signature of the President and Vice-President, and an 80% popular majority of the voting population.

      Can anybody see any reason why this isn't the perfect plan?

    6. Re:if ip = real p, how about some taxes by Skevin · · Score: 5, Informative

      In California Real Estate Law, your mouse, stapler, telephone, can of coke, screwdriver, keyboard, 2 monitors, flashlight, and spindle of blank DVDs are personal property, not real property. It's all "Chattel".

      Real property is considered tangible and mostly immovable. The grandparent post's warehouse, factory, and store are real property.

      Now before people complain that it must be "real" because they can touch it, I should point out that the word "real" in this case derives from the Spanish word for Royal. "Real Estate" doesn't mean an estate that's "fake"... it was traditionally land granted to you by the king, hence "Royal Land".

      So, buildings and land are considered Real Property (and therefore fall under a slew of taxation laws). The chattel on our desks, including the desks themselves are Personal Property.

      IANAL, but I'm having a problem with the claim that IP is "Real Property". What kind of claim is that? Is it legally clueless media companies (despite large legal teams) trying to enforce the idea that IP is "not fake"? Or are they trying afford the same protections for which we provide to "Royal Land"?

      So MPAA/RIAA, which is it - are movies and music Personal Property, or Real Property? Answer carefully, because one answer will cause you give up several contested channels of distribution, and the other will let the State tax the hell out of your IP.

      Solomon Chang

      --
      "Twice half-assed makes an ass whole." --Solomon K. Chang
    7. Re:if ip = real p, how about some taxes by chammel · · Score: 5, Informative

      Right, Some states (Virginia mine) Personal Property is subject to taxation as well. Things like cars, boats, motorcycles, planes, livestock you are required to pay an assessed tax every year on the current value of the items.

      --
      Neutrons are slippery little rascals, they can fool you. They can bounce and show up around corners you don't expect.
    8. Re:if ip = real p, how about some taxes by JonWan · · Score: 4, Informative

      Really? I have stapler on my desk that I don't pay property taxes on.

      hmmm, I have a computer,desk, counters, displays, pizza oven, freezers, and inventory I pay tax on every year. Around here it's called Personal Property Tax even tho it's only on business now days. I can remember about 30 years ago we had to pay a tax on cars, boats, RV's and refrigerators.Each year I get a declaration form in the mail and I have to fill it out with my estimated value. If they think I am fudging the numbers they will send someone by to do an inventory.

      so yes this kind of tax exists.

  2. Inconsistent Logic by TheMeuge · · Score: 5, Insightful

    Would that mean that unless my business is profitable, I don't have to pay property taxes on the warehouse, factory, or store?

    Does that also mean that if I own an unoccupied residence I don't have to pay property taxes on that?

    1. Re:Inconsistent Logic by Microlith · · Score: 5, Interesting

      Well then we have to consider that copyrighted works are intangible, and bare little resemblance to physical property. You can appraise the value of a warehouse, factory, store or residence. How do you appraise the value of a copyrighted work?

      How would you determine the tax to be paid on an open source project? Or on this post?

      Mind you I'm just carrying forward a point someone else brought up, not necessarily vouching for it.

    2. Re:Inconsistent Logic by techpawn · · Score: 4, Funny

      How would you determine the tax to be paid on an open source project? Or on this post?
      Your posts? I'd say they're worth two cents, maybe a penny for your thoughts...

      Then again that's just my $0.02
      --
      Ask not what you can do for your country. Ask what your country did to you
    3. Re:Inconsistent Logic by WhatAmIDoingHere · · Score: 4, Informative

      "Consider this: If one has to pay property tax on intellectual property, one would also have to pay property tax on cars.."

      I just DID pay a property tax on my car. I was just told by the state that my car is worth $7300 and I have to pay $25 for every $1000 of value. Even if it just sits in the garage. It's not a road use tax, it's a "value of the item" tax. Don't pay it and you can lose it.

      --
      Not a Twitter sockpuppet... but I wish I was.
    4. Re:Inconsistent Logic by MMC+Monster · · Score: 4, Interesting

      Simple: The creator/owner sets a price for the intellectual property, and is taxed based on that price. If they want to change the price, they have to back-date taxes for 3 years. If a person wants to buy the intellectual property, it must be up for grabs for a certain multiple of the price the creator sets.

      --
      Help! I'm a slashdot refugee.
    5. Re:Inconsistent Logic by ShieldW0lf · · Score: 5, Interesting

      The problem is capitalism, and private property in general. The tragedy of the commons, the commonly accepted justification for its existence, only occurs when the interests of the individual are not in sync with the interests of the society. This is an example of a system that ill suits its participants, and is something that can be solved with a better system and better infrastructure. The current system is one that is intrinsicly unfriendly to the creation of subsystems that result in "plenty for everyone". We're actively destroying our more intelligent systems and creating scarcity at this point, they call it "privatization".

      These various artificial scarcity conditions are meant to deal with the fact that a few rich people control everything you need to live. If there wasn't the illusion that you might get leverage through these artifical scarcity rules, people would see how powerless they really are, and then they'd revolt and kill the rich bastards and take what they need. That's how WWII started, with enforced systematic economic hopelessness.

      As the fictions start coming down and more and more people realize that their leverage was never real leverage at all, just a fiction, the disparity will become increasingly obvious, and there will be a revolt. It's just a matter of time.

      --
      -1 Uncomfortable Truth
  3. Re:What a shocker by FauxPasIII · · Score: 4, Insightful

    > These 'customers' only 'find' this out if they start making money by doing this illegal activity.

    Tell it to customers of 321 Studios.

    --
    25% Funny, 25% Insightful, 25% Informative, 25% Troll
  4. Re:What a shocker by tomhudson · · Score: 4, Interesting

    Customers wanting to rip their DVD collections to their computers, download music they can play on any device, or incorporate copyrighted works into original creative works find that there is no straightforward, legal way to do these things.

    That's because in RIAA Amerika, DVD rips YOU!

    What amazes me is the absolute whining about the "need to extend copyright beyond 50 years because people are living longer, and a writer con't be able to make (even more) money in their old age off something they created when they were young." Extended copyright discourages innovation by encouraging people to "rest on their laurels". 50 years is too much. 20 years should be more than enough.

  5. Re:You guys can tryy and twist the issue but... by moderatorrater · · Score: 5, Interesting

    If I bought a book, I could lend that book to my friends as much as I wanted to. I could take the pages, rip them out of the binding and scrapbook them. If I did it in such a way that the book's pages were merely decoration, I could even reproduce that scrapbook for non-profit use. I could scan that book into a computer and read it to my heart's content.

    If for some reason the book had a lock on it, then I could break that lock to read it. If the company uses a special kind of binding that's supposed to allow me to read the book, but not take the pages out of it, I could circumvent that binding all I want. I could sell the book to somebody else for whatever price I wanted to. If a page of the book started fading or was scratched, I could photocopy the page so I'd have a backup.

    Just because it's in a digital format doesn't nullify my rights to my copy of the work.

  6. Possible model by TheMeuge · · Score: 4, Interesting

    Well, we have appraisers (my gf is one) that can assign value to personal property based on past sales, market conditions, etc... etc... I really don't see why that cannot be done with ideas. And just like tangible properties, this value may change.

    For instance, to claim a copyright over an essay you write on slashdot, may cost you $0.01, based on how much ad-based revenue can be expected from reading a web-page containing it. If you then proceed to publish this essay in a personal blog, you'd need to pay $0.10 to claim copyright. If it gets published in NY Times, you'd need to pay $100/year to keep it. (all the prices, of course, are purely arbitrary)

    Guidelines can be made that would allow people who generate content, to pay for blanket copyright of similar kinds of content... while especially valuable objects would need to be individually appraised. This would work the same way that property insurance works - your insurance will cover anything in your house up to a certain value... but any objects that are over that, have to be declared individually.

    Maybe if Disney had to pay a few million $ per year to maintain copyright of Mickey... and BMG had to lay out a hundred thousand for every album they'd like to keep out of the public domain, we'd have a much more balanced system.

    1. Re:Possible model by aix+tom · · Score: 5, Interesting

      Heck, WE don't need to figure out or appraise how much one copyright for one work is worth.

      Just take the amount the RIAA wants as damages for one copyright infringement, since that is what they TELL us their copyright is worth, and multiply that with the amount of copies they can theoretical make of that work, and compute the tax based on that amount.

      After all, when they calculate their damages on the theoretical copies sold without pirating, why shouldn't the taxes also be calculated on the theoretical amount of possible copies.

      For works that are never involved in lawsuits there would be no tax, so that would take care of those frivolous lawsuits once and for all.

  7. Re:You guys can try and twist the issue but... by Chas · · Score: 4, Insightful

    No. Nobody's twisting the issue.

    If I buy content to consume (because that's what I'm buying, the packaging, including the disk, drive, whatever it's on is only a means to an end, nobody buys an optical disk to moon over...well, unless they're very VERY disturbed), I want to be able to consume it any damn way I please.

    And NO, consumption does NOT mean "redistribution". I want to be able to make fair backups (which I won't be giving to people), or shift it off to a computer, digital video player, iPod, whatever.

    Recorded media is NOT the same as a live show (as every live show is different, even if an identical set is performed). Thus there's no justification for what is, essentially, pay-per-play.

    Additionally, we're not talking about public exhibition of the material either. We're talking about viewing in the privacy in the privacy of my own home, or on the street watching a screen small enough that it's only meant for me to view it anyhow.

    I can, and DO, pay for the content I consume. I also comprehend the fact that the media on which this content comes is not indestructible. Thus, in addition to media shifting, I will make backups.

    I refuse to be sold the same content, over and over again. And I refuse to be labeled a pirate or grouped in with pirates simply because I take care of my investment in my own entertainment.

    --


    Chas - The one, the only.
    THANK GOD!!!
  8. Re:You guys can tryy and twist the issue but... by sm62704 · · Score: 5, Informative

    Maybe in your country, but in the US you're dead wrong. The US Constitution says "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;"

    If you rent a home, you have exclusive right to that home but you don't own it. If the founding fathers meant that one could own content, it would have read "granting ownership" instead of "securing for limited times the exclusive right".

    I asked in another thread why, in this light, a law school had "intellectial property" in its name and Ray Beckerman (AKA "NewYorkCountyLawyer") responded (and I'm paraphrasing here) that it was just a name, not descriptive.

    The efforlessness of reproduction does not nullify the ownership of content, but the US Constitution does.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  9. Re:You guys can tryy and twist the issue but... by FredMenace · · Score: 5, Insightful

    It doesn't change the fact that you don't own the content. If you bought a book, you own the paper. If you bought a cd, you own the plastic. You don't have a right to distribute that content to 100s of thousands of people. The efforlessness of reproduction does not nullify the ownership of content.
    However, the entire justification for copyright (and patent) in the first place was to benefit SOCIETY by making creative ideas MORE WIDELY AVAILABLE. It was considered at the time that an evil such as limited (in both duration and scope) monopoly on distribution would be a necessary incentive to encourage such publication (so that others could then benefit). That presumes that not only is paper expensive, but so are printing presses, etc. - expensive enough that some financial return would be required to pay for the cost of those supplies.

    Fast-forward to today, where nearly any media can be created with low-cost (or free) tools and also distributed freely, and the argument about needing to recoup costs to distribute no longer has any meaning.

    The point here is that copyright was not meant to reward having a good idea; it was meant to reward DISTRIBUTING that idea. (Similarly, patents are meant to reward PUBLICATION of ideas for others to learn from; that is, to facilitate new ideas building on old ones by making the details of the old ones explicitly public.)