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Learning To Profit From Piracy

I Don't Believe in Imaginary Property writes "Wired has an interview with Matt Mason, author of The Pirate's Dilemma: How Youth Culture Is Reinventing Capitalism, which discusses how businesses could make money off of piracy, rather than attacking people in a futile attempt to suppress it. And some of his ideas are gaining traction; work is underway on a TV show called Pirate TV, which he describes as 'two parts Anthony Bourdain, one part Mythbusters.' (Heroes executive producer Jesse Alexander is on board.) Also, Mason is pretty good about practicing what he preaches in that you can pirate his book on his own website."

32 of 275 comments (clear)

  1. It's not piracy if it's OK by giorgist · · Score: 5, Insightful

    You are not pirating his book if he picks a license that allows you to copy. Otherwise he is being the pirate, by making available a copyright work.

    1. Re:It's not piracy if it's OK by ari_j · · Score: 3, Insightful

      Correction: The RIAA's claim of how the system works is broken. It not only presents a broken system but is in fact incorrect anyhow, not reflecting the actual system in place. Don't trust the RIAA to explain copyright law any more than you trust the Slashdot editors to explain constitutional law.

  2. Nitpick by JustinOpinion · · Score: 5, Insightful

    Also, Mason is pretty good about practicing what he preaches in that you can pirate his book on his own website

    I dislike the use of the vague and slanted term "pirate" in place of the more exact "copyright infringement".

    But the use in the summary is even worse. If he's freely offering the content, then those who download it are not pirating (even by the inaccurate, though generally-used, definition). Then are downloading it with permission.

    (It's like someone giving out free food samples at a grocery store, and then saying "go ahead, steal another.")

    1. Re:Nitpick by TheRealMindChild · · Score: 3, Insightful

      Look people. Quit equating "piracy" as in "Arrrgh, matey. Ye be walkin the plank!" with "piracy" as in "I downloaded the latest Adobe Photoshop without paying for it!". They are spelled the same, but they aren't the same word (you know, a homonym). Just like the "spam" you get in your email inbox is not a Hormel meat product. You are getting pissed off at your own misapprehension.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Nitpick by CSMatt · · Score: 4, Insightful

      The problem with the terminology is that words like "theft" and "steal" (which gain merit from the word "piracy," as this was one thing sea pirates did) are deliberately used by the powers that be to confuse people into thinking that the infringement of copyright carries exactly the same consequences as shoplifting or other deprivation of physical property. Only a moron would believe that you can receive spam (the food) through e-mail.

    3. Re:Nitpick by LandDolphin · · Score: 5, Insightful

      "confuse people into thinking that the infringement of copyright carries exactly the same consequences as shoplifting or other deprivation of physical property"

      As it stands, you'd get in less trouble for stealing a CD then copyright infringement

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    4. Re:Nitpick by Wildclaw · · Score: 4, Insightful

      Which makes sense if you think those in power mainly are interested in creating artifical scarcity to maintain control. A shoplifted CD doesn't decrease scarcity, while a copied one does.

    5. Re:Nitpick by David+Gould · · Score: 4, Insightful

      Look people. Quit equating "piracy" as in "Arrrgh, matey. Ye be walkin the plank!" with "piracy" as in "I downloaded the latest Adobe Photoshop without paying for it!". They are spelled the same, but they aren't the same word (you know, a homonym).

      It is the same word, but with two very different meanings. The word was chosen in order to create an association in people's minds between copyright infringement and one of the most despicable types of crime known at the time. If the phenomenon of copyright infringement were only now beginning, and in need of a catchy name, they'd be calling it "terrorism", and arguing that PATRIOT Act powers should be invoked for copyright enforcement. This matters. Arrrrr.

      --
      David Gould
      main(i){putchar(340056100>>(i-1)*5&31|!!(i<6)<< 6)&&main(++i);}
    6. Re:Nitpick by kz45 · · Score: 2, Insightful

      "As it stands, you'd get in less trouble for stealing a CD then copyright infringement"

      Which is a good thing. Stealing a CD may result in some money lost to best buy..but when the entire album is shared to 1,000,000 it could put the label or artist out of business.

    7. Re:Nitpick by LandDolphin · · Score: 4, Insightful

      IF a million people (in America/Europe) want to download a CD, then there is probably enough draw that the artist will sell some CD's too.

      one downloaded song does not equal one lost sale. Many people that download would never purchase albums in the first place (i.e. they are cheap). So those people do not result in lost sales.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    8. Re:Nitpick by rtb61 · · Score: 2, Insightful

      So to simplify the whole issue, kill off the whole idea of dead music and focus on live music, the kind of music that in reality does employ far more people and make for far greater enjoyment. Want to reward the musicians then pay to go to their live performances and in turn they should give away their dead tracks as advertising and promotional material.

      --
      Chaos - everything, everywhere, everywhen
    9. Re:Nitpick by Kjella · · Score: 2, Insightful

      That's exactly the issue. Stealing a CD is taking from the CD's owner. Copying a CD is taking value from the copyright owner.

      Which is also why this is completely impossible to stop, imagine that we have two CD owners of different CDs. They can both be simultaniously be better off by copying CDs, then they'll both have both CDs. The copyright holder is far, far away and has no part in the act unlike a thief and its victim. To stop it, they need to stop two consenting people from doing something they want in private using their own private equipment. If you ignore for a moment that end users have a desire that more copyrighted works are produced, they all have an incentive to conspire with everyone else to share everything, everyone will have everything and everybody wins - except the copyright holders.

      I think to not share goes against some of the human values we learn. If I in kindergarten had said "No! These are MY toys!" I would probably have been taught to share and everyone would think that's a good thing. In fact, the better we would be at sharing something the better it would be. Noone would have stopped and said "Hey, stop that! You're stealing sales from the toy maker by not making him get his own!" and if we managed to split something so both could play at the same time like a lego set they'd probably be ecstatic about our cooperation and creativity. But if I discovered a way that all of the kids in the kindergarten could play with the same toy, in fact all kids everywhere could play with it then that must be fantastic right? Right? No, here's the evil toy pirate that killed the toy company. I know the analogy isn't quite fair but it feels a bit like that.

      --
      Live today, because you never know what tomorrow brings
  3. Screw the pirates by MikeRT · · Score: 2, Insightful

    In college the biggest pirates I knew were the guys who had enough money to buy most of what they got illegally. It never even phased them that they were often pirating the works of small bands that needed every penny that they could get. It never occurred to them to just wait until a DVD came down to $7.50 at Wal-Mart. I still know people who are like that, and they're pulling down nearly six figure salaries.

    Charge them with petty or grand theft as appropriate, if you ask me. If you want to change the youth culture it's really simple. Get all of this copyright infringement and DRM bullshit out of the picture and start hitting them with theft charges.

    I'm just sick of the entitlement mentality that is wedded to a near Stockholm Syndrome among a lot of younger people. If the music and movie industries are so bad, stop downloading their shit. Ignore them, make them irrelevant. I swear, it's like a bunch of rich kids crying about exploitation, while they shop at the Gap and A&F.

    1. Re:Screw the pirates by gilgongo · · Score: 4, Insightful

      In college the biggest pirates I knew were the guys who had enough money to buy most of what they got illegally.

      They may have been *able* to pay, but how do you know they *would* have paid? This is the thing - you can't prove that a download is a lost sale any more than you can prove all the people that take free newspapers handed out at the station in the morning are depriving the broadsheets of sales. There simply isn't a 1-to-1 substitution going on. If it's there for free, most people will take it. But if it wasn't for free a great many would never bother to pay in the first place because it's not as if music (or news) is essential.

      If the music and movie industries are so bad, stop downloading their shit. Ignore them, make them irrelevant. I swear, it's like a bunch of rich kids crying about exploitation, while they shop at the Gap and A&F.

      Er, by your own logic, I think they ARE ignoring the music and movie industries. They are instead paying attention to the artists. Can you see the difference?

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    2. Re:Screw the pirates by merreborn · · Score: 3, Insightful

      In college the biggest pirates I knew were the guys who had enough money to buy most of what they got illegally. It never even phased them that they were often pirating the works of small bands that needed every penny that they could get.. I swear, it's like a bunch of rich kids crying about exploitation, while they shop at the Gap and A&F.

      That's quite a strawman you've assembled there. Pirates are all just spoiled little rich kids, eh?

      While there are a few of those, pirates come in many varieties. Some are young adults working full time at near-minimum wage to put themselves through school. Some are married with kids. Some *are* children. They're your friends, family, and neighbors. Rich, poor, young, old, spoiled, starving... They're everywhere, and everyone.

      Get all of this copyright infringement and DRM bullshit out of the picture and start hitting them with theft charges.

      Need we differentiate theft from copyright violation yet again? Putting everyone who download an MP3 in jail is just absurd. The punishment does not fit the crime.

      When you steal something, the owner is deprived of a physical good. They have less. When you violate copyright, the owner does not experience loss. And no, not every copyright violation is a "lost sale".

      Even were this idea seen through, file sharing would just become even more anonymous. The technology is already here. The only thing stopping adoption of even harder-to-trace protocols is the lack of real consequences for using the current, widely adopted ones. Should the consequences increase, darknets will become the p2p mechanism of choice overnight, and prosecution will become nigh impossible.

      The file sharing cat is out of the bag, and no amount of legal strong arming will ever stuff it back in.

  4. Re:I repudiated copyright, and recommend others do by ari_j · · Score: 4, Insightful

    The wisdom in this probably depends on which one or more of the following are your "product":
    1. Recordings of your music
    2. Merchandise with your logo on it
    3. Attendance at your live performances
    4. Promotion of other products (for instance, Miley Cyrus's music is mostly about getting you to watch her on TV and buy her lunch boxes)

    For a music act whose real product is #3, giving away #1 counts as advertising. For an act whose real product is #1, giving it away, including giving up copyright protection of it, is bad management. It really does depend on your product and the market for it. That said, I wish more music acts considered live music to be their product and everything else to be promotion of the same.

  5. Re:I repudiated copyright, and recommend others do by Microlith · · Score: 5, Insightful

    I see you're falling into the trench of "I have it figured out for $medium, therefore copyright is moot." Unfortunately, not everything falls under those banners.

    For items that are costlier to create (TV shows, movies), product placement is a fine way to profit from the distribution of the product.

    And what about movies or TV shows where such product placement would be horribly out of place? A medieval movie with GM/GE/Pepsi placements? Hell even my favorite hobby, anime, was getting into it with Code Geass, which was packed FULL of Pizza Hut ads which were distracting and ended up being the butt of jokes there were so many.

    Subscriptions also can work, just like a chapter-by-chapter written blook that continues as people fund the author's writing.

    I recall Stephen King trying this and giving up.

    Those who hold onto the statist idea of intellectual property will be left behind.

    Or they'll give up, when they find that they can't recoup the costs of production, much less make a profit.

    They'll find their market swamped by amateurs with the same amount of talent, and with more drive to distribute their creations as artists always have.

    You can't eat drive and talent (well you can, but it's considered anti-social...) I don't see people making entire movies and TV series that they just toss up on the internet unless they've got some greater source of funding to ensure they won't go broke in the process.

    To support it, there are always ways to create value added items (t-shirts, in-person signings or shows, etc).

    Which is pointless, since if you repudiate the copyright on your works (ALL of your works) then someone else might as well hang at your shows and sell knockoffs of what you're selling. And signings have limited effectiveness beyond single authors/bands, I'd like to see how you would fund the creation of an entire TV series with that.

    Copyright is a very effective tool to allow for the creation of easily duplicated works without sticking it to the creators and essentially punishing them for making the investment. It needs to be reworked and it needs respect. However, the internet audience is extremely insular, rude, and just as selfish and greedy as the MPAA/RIAA (and member companies) when it comes to these things.

  6. Re:The most stolen book by eleuthero · · Score: 1, Insightful

    Disagreeing with Christians is one thing, claiming they made it all up is another: 1. The search for the historical Jesus came back--yes, he really did exist. The primarily non-Christian group that pursued the study didn't come up with much more than that since they basically were seeking to prove his existence in the first place. (No, I am not talking about the "liberal" Christian pursuit nor the book by the "conservative" Bock) 2. Granted, the New Testament accounts are primarily internally testamental. BUT, they were not written by the same person so, consider it a compendium of varied accounts that are consistent if historical background to the era is understood. 3. One of the greatest archaeologists of the 19th century became famous because he set out to disprove large sections of the NT and came back having proved them to his own frustration. 4. Santa Claus was a Christian "saint" for crying out loud and died several centuries ago after having been known for dropping packets of money to his people through their chimneys so they could afford to ... live. 5. This will now be modded down. oh, and Horus isn't really a good analog here... the most often claimed "prior art" is from a mystery religion in Greece... this doesn't fit well though given the above points and the time period of the mystery religion involved.

  7. Re:Plagiarism by gilgongo · · Score: 2, Insightful

    Someone should change the author of this book and re-distribute that way, then he will learn merits of piracy.

    Oh yes, let's not forgot how JK Rowling's publishers also live in fear of the terrible damage it might do to their sales if copies of Harry Potter started being sold with the words "By Joe Freetard" written on them.

    Seriously - since when has anyone (even the RIAA!) ever indicated that malicious mis-attribution of works was even remotely a problem?

    --
    "And the meaning of words; when they cease to function; when will it start worrying you?"
  8. Re:I repudiated copyright, and recommend others do by Artifakt · · Score: 3, Insightful

    You don't charge others to receive a show flyer (which could take a few hours to design, plus hours to print and many hours to distribute), so why charge for music?

    I'm sure you'll get responders who tell you that's simplistic, but I want to explore that idea further. Nobody gets to profit from everything forever without operating costs. Corporation or individual, you have to put in time, effort or money somewhere to get more money out. If you want a profit, you don't charge for the show flier because it's advertising, aimed at making you money from something else. Maybe you sell the music, maybe the music is another part of the give-aways, and you sell ads, or controlled concessions, live tickets, or whatever, but if you want to sell anything, there will be investment costs associated. You can't even sell your work to an employer without committing to be there on time, a dress code, or simply eating breakfast to suit the employer's schedule.
          For all the people who are pro the existing copyright laws, and especially the ones who love to throw around the violation=stealing line, what about the people on your side who seem bound up in the illusion of unlimited profit with no investment? Take a company which is making a profit selling tee-shirts with its logo and advertising on them, and is actually getting paid by people to let them become walking billboards - Is that a sustainable long term model, or will fashion doubtless change? Can anyone really afford to enforce copyright against people distributing movie trailers? If someone uses the law to control negative reviews, how can they avoid reducing free word-of-mouth advertising by the very same act? How can they file hundreds of cases in court and avoid people thinking they are sue happy? You've got organizations on the pro-IP side that seem to think the law will stretch to let them do all that, and more.
          Even if you care deeply about creator's rights and feel the people doing illegal downloading are all thieves, how are you going to satisfy the IP holders who want unlimited profit with no investment, and think tougher man made laws are a way to somehow bend what are really laws of nature that stand in their way. IP law can't protect a creator from all risks associated with seeking a profit, it can't squeeze blood from a stone to actually get $250,000 settlements from violators who barely make minimum wage, it can't keep them from having to advertise if they want to reach a broad audience, it can't let them slavishly imitate a true leader in marketing and get all the benefits of coming up with something for the first time.

    --
    Who is John Cabal?
  9. Re:I repudiated copyright, and recommend others do by Microlith · · Score: 5, Insightful

    And the Red Hot Chili Peppers shouldn't give their music away for free either

    That's not related at all to Stephen King's attempt. He tried doing the suggested pay-by-chapter method where readers could optionally pay if they liked it, and it ended up being a waste of his time. I don't know if he bothered to wrap the novel up and publish it the regular way or just gave up on it.

    And I never said they shouldn't give their music away for free, that's entirely -their- call. My issue is with the OPs suggestion that they repudiate their copyright, which is needless self-punishment that opens the door for someone else to make use of it without ever acknowledging the source (thus defeating the point of said "promotion" entirely.)

    For people who are already extremely successful in the traditional methods, they're not going to see the same amount of money using this new technique.

    On the contrary, they are the only ones who will likely see any sort of success from it as the hard part, promotion, is already paid for. Everyone knows who Radiohead is, so people flocked in server crushing numbers to their website for their new album. However for new artists like the one you linked, it'll give him goodwill among small circles but it doesn't have nearly the punch as getting on the radio (another jar of worms) or your music on some movie soundtrack (which is what the giant labels do.)

    And again, releasing one's music has nothing to do with OPs suggestion of releasing without copyright. Said movie studio will just have some famous name cover your song and leave you out to dry.

  10. Re:I repudiated copyright, and recommend others do by my+$anity++0 · · Score: 3, Insightful

    I don't know, I've been getting more into music lately and almost have a band together. The thing is, we're all college students, and then most of us are going to go on to be engineers and scientists, and if we keep up with it, we're not going to have time for many live performances, while recording can even be done long distance. I doubt #2 and #4 are going to be our product, and although it's for fun, making money at it is a good thing. We're probably going to go with the "Put everything up on a website as CC and beg for donations" route, or maybe the Jonathan Coulton "CC but you have to pay for it" route. but I can understand #1 being a big part. Music is EXPENSIVE to make well and I can understand people with other day jobs not being able to gig.

  11. Re:Paper-based DRM. by Anonymous Coward · · Score: 1, Insightful

    "Just look at how far behind Gutenberg is with the public domain stuff."

    On the other hand, if you compare the current rate of text being added to Gutenberg with the current rate of copyright term extension, you come to the inexorable conclusion that Gutenberg WILL eventually catch up and at some point will include everything in the public domain, because the public domain has become non-increasing in size.

  12. Re:I repudiated copyright, and recommend others do by veganboyjosh · · Score: 2, Insightful

    "And what about movies or TV shows where such product placement would be horribly out of place? A medieval movie with GM/GE/Pepsi placements?"

    A knight's tale had a product placement for Nike.

  13. Re:I repudiated copyright, and recommend others do by Rary · · Score: 5, Insightful

    ...we're not going to have time for many live performances, while recording can even be done long distance.

    I'm not trying to be snarky here, and I'm also a musician who has played in a few bands and even recorded a few albums, but here's the thing: if you're not willing or able to put in the time to gig, maybe you don't deserve to make money at it.

    You see, too many people think that just because they created something, they deserve to be paid for it. That's simply not true. Being in a band should be a job, not just something you do for a few weeks or months and then expect to sit back and let the royalty money flow in for the rest of your life.

    You have every right to try to make money off your music. However, if it doesn't work, then too bad. Nobody owes you just because you decided to record an album.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  14. What a dildo by Toll_Free · · Score: 2, Insightful

    More drivel advertising.

    How are you pirating his book, when he gives permission by giving access on his own website.

    I'd suggest actually reading about pirace from someone that doesn't have a confused idea about it in the first place. /., please. Not so much do you have to do 100 percent due diligence in the stories you write, can you just do a basic sanity check?

    Piracy is NOT downloading things you have permission for.

    --Toll_Free

  15. Re:I repudiated copyright, and recommend others do by my+$anity++0 · · Score: 2, Insightful

    People don't deserve to be paid for it just because they created it, however, they do deserve to be paid because someone considered their product (a recording) worthwhile to purchase. People should be allowed to charge for their recordings. Recordings are a valid product, they provide utility, and therefore a valid and fair price can be set for them.

  16. Re:I repudiated copyright, and recommend others do by Gyppo · · Score: 2, Insightful

    Willing to put in the time and being able to put in the time are two very different things. I have a full time job, house and family. There is no way I could take off more than a few days to tour to promote my band's album. Saying if you don't tour you don't deserve to be paid for your music is ridiculous. True that just because we created an album, we don't necessarily deserve to be paid for it, but if somebody wants to own our music, that also doesn't mean they get it for free. Of course they need to pay for an album. XTC has not toured for over 10 years. So you think people should just be able to take their music because they don't tour?

  17. Re:it could still be piracy by Architect_sasyr · · Score: 4, Insightful

    This gets my vote as post of the year. I do not believe I've ever seen anyone. Ever. be polite on slashdot.

    Carry on.

    --
    Me failed English...
    FreeBSD over Linux. If my comments seem odd, this may explain...
  18. Re:I repudiated copyright, and recommend others do by hairyfeet · · Score: 3, Insightful

    You can't because the IP holders are greedy pigs that think ripping your cd to your iPod is stealing because you didn't cut them another check. For those of you that think copyrights are fine as they are,I have one sentence for you: Steamboat Willie is still under copyright. The man has been dead for half a century,yet the first cartoon he made,which was made at a time when most cars still had to be started with a handcrank,is still under copyright. That is just fucked up.

    Copyrights are SUPPOSED to be a contract between the public and the copyright holder. We give them a limited monopoly on their creations in return for enriching our society through addition to our public domain. As it is now we get nothing in return but screams of "piracy!" and demands for more money every time we buy a new device. I repeat that is just fucked up.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  19. Convenience by TheLink · · Score: 2, Insightful

    Starbucks makes a fair bit of money from expensive coffee.

    You can easily make your own coffee at home for the price of a DVD-R, and some say better coffee. Why don't people do it? Convenience, habit/ritual, social.

    Even if one day someone created a Star Trek like Replicator that could replicate Starbucks coffee, I think Starbucks would still be in business.

    McDs are based on Location Location Location aka Convenience.

    I think the cinema and movie business would still be around.

    Teenagers aren't going to take their girlfriends to "Home Theater" especially when Dad is around and perhaps watching a movie. And if you get Dad to stop watching the movie, he might find more inconvenient things to occupy his time with.

    Distribution? If the distributors can't do it in a more convenient way than P2P, then I really don't see why people should be paying them. Currently they're charging parasitic amounts for stuff that screws up your computer. If they work their way down to symbiotic or at least "less annoying parasite" amounts then they would still be around.

    I know people who pirate stuff because they can't buy it online (due to all sorts of BS restrictions), and they're not going to drive, park and walk to the shop only to find that the shop doesn't have it.

    People make $X an hour, at least for the reasonably wealthy, their leisure time should be worth more than $X/hour to them. How long does it take for them to drive, park, buy, return? How long does it take for them to figure out how to find and P2P a specific song?

    So if you make it very convenient and charge a fraction of how much their _leisure_ time is worth to them, they'll buy.

    --
  20. Re:And the price of everything goes up... by Anonymous Coward · · Score: 1, Insightful

    You seem to be confusing "produce art" with "make a living". That's a common fallacy. Artists have never been guaranteed a living solely on the basis of the art they produced. Many famous painters, composers, etc. have died as paupers even when they were famous in their own time.

    For what it's worth, in a capitalist system nobody else is guaranteed a living for what they do either. You might be the world's best Parcheesi player but I doubt you could make a living doing just that.

    Why does it always come down to fuck artist so I get free shit????? You proudly mention "in a capitalist system". Not having to pay is called Communist not capitalist. Capitalist means free market not free to steal. I've worked my ass off and I plan to retire next year. After that none of my work will be public and I encourage all other artist to do the same. Try to imagine a world without music, movies, any form of art? You talk about guarantees. Where is it guaranteed that you can have a 10,000 song library for free?????? The freeloaders aren't the artists that struggle and suffer to create for an unappreciative world it's the leaches that steal from them. You might want to look up the definitions of Capitalism and Communism. I think the system you are fantasizing about is what was tried in Russian and failed. Yes they had some of the best athletes and dancers but it was one large prison camp with little freedom or expression. Everything comes with a price, even free.