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Biden Promises 'Right Person' As Copyright Czar

Hugh Pickens writes "Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, assailed movie piracy, and promised film executives that the Obama administration would pick 'the right person' as its copyright czar. Biden warned of the harms of piracy at the private event organized by the Motion Picture Association of America in the sumptuous, newly renovated Great Hall of the National Portrait Gallery in Washington, D.C. 'It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,' Biden said, according to a White House pool report. Biden addressed President Obama's forthcoming decision about who will be named the intellectual-property enforcement coordinator, better known as the copyright czar. Under a law approved by the US Congress last October, Obama is required to appoint someone to coordinate the administration's IP enforcement efforts and prepare annual reports. Copyright industry lobbyists sent a letter to the president asking him to pick someone sympathetic to their concerns, while groups that would curb copyright law sent their own letter (PDF) urging the opposite approach. We 'will find the right person for intellectual property czar,' Biden said."

492 comments

  1. I nominate... by flaming+error · · Score: 5, Insightful

    Lawrence Lessig

    1. Re:I nominate... by DustyShadow · · Score: 2, Interesting

      Lessig and Hollywood don't get along.

    2. Re:I nominate... by Anonymous Coward · · Score: 0

      I like that idea

    3. Re:I nominate... by shanen · · Score: 4, Insightful

      I think they should hire a reformed pirate from Somalia. After all, it takes a pirate to stop a pirate.

      Seriously, copyright is dead already. It no longer makes sense to pretend that the point of reproduction is a choke point for publication. Yes, we do need to reward creativity, but no, corporate-controlled copyright focused on profit-maximization (based on an ancient paradigm of killing more trees) is NOT the solution.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    4. Re:I nominate... by Anonymous Coward · · Score: 0

      I quite agree. As the kids say, "Clintoned in the boobies."

    5. Re:I nominate... by Nutria · · Score: 3, Insightful

      Yes, we do need to reward creativity, but no, corporate-controlled copyright focused on profit-maximization ... is NOT the solution.

      So the solution is??????

      --
      "I don't know, therefore Aliens" Wafflebox1
    6. Re:I nominate... by Anonymous Coward · · Score: 5, Insightful

      Copyright focused on what the law originally intended as stated in the Constitution: the advancement of science and the arts for the public good. That doesn't always mean "For the good of this corporation over here, because they put a fat check in my pocket"

      We had a choice between assholes that shill for oil companies, or douches that shill for Hollywood. Guess which group we picked.

    7. Re:I nominate... by bgray54 · · Score: 2

      I nominate the guys from The Pirate Bay. Arrrr!

    8. Re:I nominate... by Rip+Dick · · Score: 1

      1. Ignore piracy

      2. ???

      3. PROFIT!!!

    9. Re:I nominate... by Darkness404 · · Score: 2, Interesting

      So the solution is to not criminalize personal filesharing for no commercial gain, decrease copyright to a sane 20 or less years, repeal things such as the DMCA and make a law with safe harbor provisions without the draconian things of the DMCA, make jailbreaking, breaking of DRM, etc. expressly legal so long as they do not make a profit. Make trackers and torrent sites expressly legal. Allow the remixing of such things for non-profit use. Then we will see progress.

      --
      Taxation is legalized theft, no more, no less.
    10. Re:I nominate... by ProKras · · Score: 5, Insightful

      We had a choice between assholes that shill for oil companies, or douches that shill for Hollywood. Guess which group we picked.

      Both.

    11. Re:I nominate... by Nutria · · Score: 5, Insightful

      So the solution is to not criminalize personal filesharing for no commercial gain, ... Allow the remixing of such things for non-profit use. Then we will see progress.

      I think that's a pipe dream which doesn't take human nature ("why pay when I can take it for free?") into account.

      decrease copyright to a sane 20 or less years, repeal things such as the DMCA

      That I agree with.

      --
      "I don't know, therefore Aliens" Wafflebox1
    12. Re:I nominate... by Microlith · · Score: 1

      No one on Slashdot knows. But they have the answer every time.

    13. Re:I nominate... by shentino · · Score: 3, Insightful

      I wish the framers allowed the president and congress critters to be recalled if they pissed off the public.

      At the very least, a "disapproved by voters" should bar a reelection.

      That way they won't get away with playing nice long enough to get reelected.

      The only reason that people are putting up with this crap anyway is due to learned helplessness.

    14. Re:I nominate... by Darkness404 · · Score: 2, Insightful

      I think that's a pipe dream which doesn't take human nature ("why pay when I can take it for free?") into account.

      But a lot of money being made on copyright with the exception of games is for business use or things that can never be emulated. For example, most bands make their money through live shows, no matter how advanced of video technology we get, you can never really successfully recreate the atmosphere of a concert. Similarly, if movie theaters could provide a great experience many people would go there rather then at home, but sadly the ordinary movie theater experience has technical glitches, loud children, overpriced (crappy) food and drinks, and AV equipment that wasn't that great. Its no wonder people would rather torrent movies then watch them in the theaters. Books similarly cannot be faithfully replicated (e-readers are close, but I still find reading a book much more enjoyable) with current technology. Games also would be protected by use of specialty hardware, sure, you can't sue someone for cracking your console, but you can make your console hard to crack.

      --
      Taxation is legalized theft, no more, no less.
    15. Re:I nominate... by Anonymous Coward · · Score: 1, Informative

      The solution: Remove government intervention and let things play out on their own.

    16. Re:I nominate... by Randall311 · · Score: 1

      1. Get rid of copyright
      2. Pirate everything
      3. Profit!

      Yes that's right. You were expecting ???? weren't you? No need for question marks here. The answer is clear. Bootleg everything!

    17. Re:I nominate... by Adrian+Lopez · · Score: 4, Interesting

      Lessig supported Obama during his presidential candidacy. How ironic, then, that the very candidate he supported all along ended up appointing people who stand for the very opposite of what Lessig has stood for as the public face of Creative Commons. Judging by his record so far, I seriously doubt Obama would ever appoint somebody like Lessig to the position of Copyright Czar, and besides I'm not sure the job is all that compatible with the principles of the Creative Commons movement.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    18. Re:I nominate... by Anonymous Coward · · Score: 1, Informative

      It doesn't matter for the parents point to be valid. Consider:

      "Violently raping children is NOT the answer to getting the children a better education."

      "So the solution is?????"

      The lack of a solution to improving education does NOT mean we should violently rape children.

    19. Re:I nominate... by Nefarious+Wheel · · Score: 3, Interesting

      You want credibility? I nominate PJ. Groklaw was the finest example of long term pursuit of legal justice I've ever seen. I'd give her the Nobel Peace Prize if I were on the committee.

      --
      Do not mock my vision of impractical footwear
    20. Re:I nominate... by FlyingBishop · · Score: 5, Insightful

      Your understanding of human nature is myopic to say the least.

      Humans want people they like to do well. They want people they don't like to do poorly.

      Thus, I refuse to pay $20 for an album I'm going to listen to a few times and then discard. On the other hand, I listen to an album several times, and still like it, I'm going to buy a copy, because I want more where that came from.

      That's not gonna happen if I don't buy this album. It's simple cause and effect, and anyone with two eyes and two ears knows that's how the music industry is currently functioning, despite the RIAA's protests.

      The same applys to movies. I don't want disposable, mass market crap. I want priceless art, and when I see it, I pay for it.

    21. Re:I nominate... by Anonymous Coward · · Score: 0

      None of the Above?

    22. Re:I nominate... by Rudd-O · · Score: 1
      --
      Rudd-O - http://rudd-o.com/
    23. Re:I nominate... by Anonymous Coward · · Score: 0

      Consider that you are talking at the level of an individual pirating material. A commercial organization whose only purpose was to copy other works and sell hard copies would be able to easily afford to, say, scan a book and produce a full quality mass market paperback version of it. Of course, if people care who is getting the money (as I certainly do for video games I buy -- I want to encourage sequels), then they might just buy "authorized editions" anyway (whose branding would be protected by trademark/fraud laws).

    24. Re:I nominate... by Nutria · · Score: 1

      Your understanding of human nature is myopic to say the least.

      It's pessimistic, and serves me quite well, being accurate most of the time.

      Thus, I refuse to pay $20 for an album I'm going to listen to a few times and then discard. On the other hand, I listen to an album several times, and still like it, I'm going to buy a copy,

      Way Back When, that purpose was served by Progressive and AOR radio, or going to a friend's house and listening to his records.

      Now get off my lawn!!!!!

      --
      "I don't know, therefore Aliens" Wafflebox1
    25. Re:I nominate... by billius · · Score: 2, Funny

      Richard Stallman! Seriously, he'd be the best man for the job.

      He was asked and declined due to being too busy because of his commitments as Copyleft Czar.

    26. Re:I nominate... by Corbets · · Score: 5, Insightful

      That's a pretty ridiculous argument, actually.

      You can't argue that copyright has anything to do with whether people prefer watching movies in the theater or at home.

      And while I can see your argument (which is not to agree) regarding the music business, lives shows don't apply for movies, books or games, so there's still no way to generate revenue for the artist in those mediums.

      You suggested specialty hardware (i.e. DRM? yes, I know you meant consoles, I'm just making the comparison) for games, but that adds to the cost of user for the consumer. Not everyone wants to drop 4-500 francs on a gaming console; especially if they already have a computer with sufficient power!

      All in all, I don't think you'll see the end of copyright until someone can suggest a specific and implementable plan to reward everyone involved in the creative process. With books this include authors and editors, movies and games have huge staffs, music pretty much requires the band and maybe some songwriters. Good luck with that.

    27. Re:I nominate... by Hordeking · · Score: 1, Flamebait

      Lessig supported Obama during his presidential candidacy. How ironic, then, that the very candidate he supported all along ended up appointing people who stand for the very opposite of what Lessig has stood for as the public face of Creative Commons. Judging by his record so far, I seriously doubt Obama would ever appoint somebody like Lessig to the position of Copyright Czar, and besides I'm not sure the job is all that compatible with the principles of the Creative Commons movement.

      The question now is: Will Lessig be stupid enough to support Messiah Obama again in 4 years. Only time will tell.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    28. Re:I nominate... by Hordeking · · Score: 1

      Lessig supported Obama during his presidential candidacy. How ironic, then, that the very candidate he supported all along ended up appointing people who stand for the very opposite of what Lessig has stood for as the public face of Creative Commons. Judging by his record so far, I seriously doubt Obama would ever appoint somebody like Lessig to the position of Copyright Czar, and besides I'm not sure the job is all that compatible with the principles of the Creative Commons movement.

      The question now is: Will Lessig be stupid enough to support Messiah Obama again in 4 years. Only time will tell.

      Then again, he was stupid enough to BELIEVE(tm) a certain Chicago Politician's message of HOPE(tm) and CHANGE(tm) the first time...

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    29. Re:I nominate... by Shadow+of+Eternity · · Score: 1

      In case you haven't noticed the supreme court is actually deciding on that proposition right now.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    30. Re:I nominate... by redkcir · · Score: 1

      Just so happens we have a Somalian Pirate over here right now! What luck!

    31. Re:I nominate... by xaothewretched · · Score: 1

      i think they should just tax the entertainment industry 90% for their earnings and on all gifts and bonus they receive from executives. and use the money from that to lower the cost of movies and cds so that everyone could afford them on our now recession tightened belts. whoever would do that, would be the best.

    32. Re:I nominate... by Anonymous Coward · · Score: 3, Insightful

      The staff it takes to make a movie, of a given production quality, is falling. If copyright was abolished, and the film industry was reduced to hobbyists, then it wouldn't be irretrievably destroyed - it'd be set back to what it was in, say, the 1940s. (The production values of, say, Casablanca and Clerks are pretty similar. Major motion-picture backing in the first is matched by a hobbyist budget and much-improved technology in the latter.)

      Setting the entertainment industry back 60 years in exchange for solving all the freedom issues that copyright involves? It's a large proposition, but one which I think deserves consideration.

    33. Re:I nominate... by init100 · · Score: 1

      and use the money from that to lower the cost of movies and cds

      So in effect, you suggest creating a subsidy for the entertainment industry? Because if the state picks up the tab for the difference between the price requested by the industry, and what the consumer pays, a subsidy is what you have created.

    34. Re:I nominate... by grumbel · · Score: 4, Interesting

      I think that's a pipe dream which doesn't take human nature ("why pay when I can take it for free?") into account.

      Its quite the opposite. Its the only solution that actually takes human nature into account. The problem simply isn't the copying, people have done that since forever, thats how culture spreads and they will continue to do that on the Internet. The real problem is that very large parts of the youth is getting criminalize and *that* has to be fixed if you don't want a large scale revolt a few years down the line. Might that mean that the entertainment industry collapses? That could very well happen, after all they are mostly obsolete since distribution can be handled via the Internet. Will it mean that artists get bankrupt? I kind of doubt it. Artists today already get only a very tiny fraction of sales of their stuff, if you remove the industry and distribution on the other side, you could channel all money directly to the artists. So even when many people stop buying stuff, there would still be enough money left once the industry is out of the picture.

    35. Re:I nominate... by Redlazer · · Score: 2, Interesting
      I do believe you have hit it on the head.

      They cannot tell us what the value of them is - one person does not set the value of an item.

      However, they can increase the value of other things they can make money from. Frankly, I don't know how they could make the theatre worth 20$, but fortunately, thats not a problem im on the board of directors to solve.

      --
      Guns don't kill people, "with glowing hearts" kills people.
    36. Re:I nominate... by Redlazer · · Score: 1
      As I get older, I really am starting to think this is a better and better idea.

      Though, I'm still only in my mid 20's.

      --
      Guns don't kill people, "with glowing hearts" kills people.
    37. Re:I nominate... by Anonymous Coward · · Score: 0

      All in all, I don't think you'll see the end of copyright until someone can suggest a specific and implementable plan to reward everyone involved in the creative process. With books this include authors and editors, movies and games have huge staffs, music pretty much requires the band and maybe some songwriters. Good luck with that.

      I'm sorry, you just showed why that will never work. You neglected to mention the poaching middlemen that are currently the ones with all the money and leverage in law making. Oh you meant to cut them out? Guess what they think of that, and guess how much money they have for lobbyists and lawyers to make sure that doesn't happen.

      (I agree they should be cut out tho.)

    38. Re:I nominate... by CSMatt · · Score: 1

      If everyone had the "why pay when I can take it for free?" philosophy, the record labels would have gone bankrupt years ago.

      Clearly there are a good amount of people that believe that there is value (monetarily speaking) in copyrightable works, even if the Internet had made the direct payment for them, for all practical purposes, optional.

    39. Re:I nominate... by Anonymous Coward · · Score: 0

      "It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,"

      FTA: "It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,"

      So, in our zeal to prosecute the guilty, let's start with the RIAA and their craven sponsors, who are the real shits ripping off the artists.

      Their accounting of what the artist is due is so byzantine that nearly no one can unravel it. A few years back, some singer (sorry, name forgotten) got some piranha lawyers to do discovery and found that he was owed millions more than he'd gotten. After proving this in court, the fuckers hung him up for more years "negotiating" down from the court judgment to about half what he was owed.

      Fuck them sons of bitches to the lowest, tightest, hottest pit of hell for six (non-concurrent) eternities.

    40. Re:I nominate... by Anonymous Coward · · Score: 1, Insightful

      We had a choice between assholes that shill for oil companies, or douches that shill for Hollywood. Guess which group we picked.

      Both.

      yep because both are in all parties.

    41. Re:I nominate... by icannotthinkofaname · · Score: 1

      That's the problem, actually. There are those who believe that piracy reduces profits. Ignoring piracy therefore equates to ignoring lost profits, which equates to not living up to what may still be known as the "American Dream".

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    42. Re:I nominate... by shutdown+-p+now · · Score: 1

      the solution is to not criminalize personal filesharing for no commercial gain

      Assuming that by "personal" here you mean "distributed to no more than N people", where N is defined to be sufficiently large to cover any real-world case of sharing with friends etc, but not seeding it on TPB, that sounds good. If by "personal" you mean any transfer from one person to another, regardless of how large the spread is, then I would disagree.

      decrease copyright to a sane 20 or less years

      I think that 20 years isn't quite sane. In fact, given the modern distribution methods, I don't think that even the original 14 years is sane (today, you can start selling your product immediately in all corners of the world at once, thanks to the Net). 5-10 years would be more like it.

    43. Re:I nominate... by shutdown+-p+now · · Score: 2, Informative

      I'd give her the Nobel Peace Prize if I were on the committee.

      The Peace Prize is (at least in theory) given "to the person who shall have done the most or the best work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses". If you seriously think that PJ's work qualifies in any way, you might want to check your reality distortion field meter...

    44. Re:I nominate... by Opportunist · · Score: 5, Insightful

      I was about to rant about the "cinema atmosphere" when you mentioned that you can't recreate the concert atmosphere, but you already took care of that. Still, allow me to stress it:

      Why the heck should I got to a cinema? Pushing past crowds that want in or out, standing in line for a bag, box or whatever container of popcorn worth 20 cents (and costing 5-7 dollar), only to find out that the next bozo dumps his coke all over them, then enjoy the "slurp-slarp" of sticky floors while going to my seat which is usually an experience for a forensic biologist, but not for a movie enthusiast who'd rather want to see a movie than play "find out what this encrusted stuff you're gonna sit on is".

      Then the movie starts, deafening you with that "THX the audience is listening" crap ("was listening while they could hear anything" would be more appropriate), possibly to deafen you to a few things that you certainly don't want to notice. Like the annoying kids that start fighting about halfway through the movie (whose parents are either not around or, like the ushers, not caring), the various chewing noises all around you (but they go really well with the accompanying smell of cheese, stale fat and other yummy things that wanna make you puke) and the fact that any dialog is done at about 10 dB, any explosion at about 120.

      But that way you at least notice when something's going on on screen, because invariably the only person above 8' tall will sit in front of you. Alternatively you get someone with ants in his pants who can't sit still if his life depended on it. Bonus points if this creates a cloud of "didn't shower since July" aroma any time he does so.

      All that and more for just 7-10 bucks (plus snacks, gas and parking).

      Yeah, that's an experience you just can't copy with your home entertainment system.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    45. Re:I nominate... by Opportunist · · Score: 1

      Yeah, welcome to the 21st century.

      Why would I want to listen to radio? They play, and have to play, all sorts of music. Now, I'm one of the "can't spell crap without rap" crowd, I don't think someone stuttering to background music is an artform. Still, on radio I'd have to listen to it. Depending on station, on some more often, on some less, but invariably, there will be some "new smash hit" by someone who can't talk coherently and then I realize what I miss most about radio:

      A "skip" button.

      So maybe you can see where services like YouTube are superior to radio? Besides the fact that the ads are not interrupting the music?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    46. Re:I nominate... by migla · · Score: 3, Insightful

      Don't you think moviebuffs all over the world would get together and find financing for new movies if they awoke one morning to Hollywood being gone?

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    47. Re:I nominate... by sumdumass · · Score: 4, Insightful

      wish the framers allowed the president and congress critters to be recalled if they pissed off the public.

      Why would the framers want to do something like that? They set the government up specifically to avoid "Tyranny of the masses" and group stupidity.

      What your seeing is exactly what they wanted. It may be being abused but it was the intent. The abuses seem more damaging now that people want to think the federal government is supposed to be over the people and not just a governing body for the states to control common business associated with the state.

    48. Re:I nominate... by mjwx · · Score: 1

      Richard Stallman! Seriously, he'd be the best man for the job.

      The ventilation in the White House may not be up to the task though.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    49. Re:I nominate... by sumdumass · · Score: 2, Informative

      I think the point, and you may have conceded it, is that you can listen to the music/videos/whatever in several completely legal ways instead of needing to rely on piracy or getting rid of copyright.

      Maybe what is needed isn't to get rid of copyright but forced distribution with standardized fees to some extent. This would mean that if something Google couldn't get a license to allow songs to be posted on youtube or whatever, they could ask the government to create one in which they would pay the royalty to the artist/copyright holder through a government collection panel or something. We already have a model for it with how radio works.

    50. Re:I nominate... by drsmithy · · Score: 4, Informative

      It's still a lost profit if you steal a rental car for the weekend but never would have paid the rent on it.

      *sigh*

      Why do people still come up with fundamentally broken comparisons to physical property ? Has the difference not already been explained enough times ?

      1. The rental company cannot rent out the car if you've "borrowed" it for the weekend.
      2. Wear and tear on the vehicle.
      3. Possibility of accident.

      None of the above are applicable to copyright infringement.

    51. Re:I nominate... by sumdumass · · Score: 1

      I've seen foreign and independent films. Do you really want that?

      Sure, Hollywood shovels crap at us, but at least most of us can tolerate sitting through the entire thing on most occasions. I can't say the same for most of the independent films I have watched.

    52. Re:I nominate... by drsmithy · · Score: 1

      I think that's a pipe dream which doesn't take human nature ("why pay when I can take it for free?") into account.

      Everyone values their time. Some do more than others, but everyone does it to some degree.

      Hence, even stuff that is "free" is not, because you have to spend time finding and downloading it. So long as your "cost of convenience" is lower than the "cost of free", you'll be able to sell stuff.

    53. Re:I nominate... by Znork · · Score: 4, Insightful

      Really, this has been rehashed so many times by now that if you truly haven't seen any of the many possible solutions you haven't been looking.

      Basically it's a fairly easy question to solve as long as you simply frame the question appropriately and realize it's just yet another benefit no different than any other such system. From a macro economic point of view copyright is roughly equivalent to an arbitrary sales tax on specific items, with an efficiency rate of about 5% of the collected funds going towards the stated (as opposed to actual, of course) purpose of copyright.

      To replace that with a better system would be trivial. The quickest and easiest way, most closely resembling a vastly more efficient version of the current system, would be to simply implement it as what it actually is; a sales tax on creative goods, but with the proceeds going directly to the intended recipients, ie, artists and creators.

      A quick calculation of the numbers would yield something like this; with free replication of creative materials the competitive cost of printing and delivering a high-quality CD to a store would fall somewhere around $1. Final sales point adds another $1, and to ensure the creators get what they get today we'd need a levy of about 50% on top of that, ie, $3 final sales price to customer. Add various other factors such as the vastly increased sales from a massive lowering of prices and you'd probably get double or triple the funds to the actual artists and creators. It's also a model that can easily be implemented on pretty much any profit generating scheme based on copyright, from web sales to automatic printing kiosks to cable tv.

      That's an exceedingly simplified version of course, a more complete analysis of issues would have to go into everything from derived and combined works to appropriate payment levels (whether implemented like copyright or as a sales tax system it's a benefit scheme. It's not supposed to make anyone rich or fund marketing and parties, it's supposed to maximize social utility and allow as many creators to maximize their creative output as possible).

      But in the end it's not a hard question to solve. It's just hard if your basic intention is to have a system intended to make publishers rich, while still screwing the creators as deeply as possible as it's hard to explain and defend a 95% fund leakage even in government unless you hide it outside any visible and publicly reviewed budget.

    54. Re:I nominate... by spanky+the+monk · · Score: 2, Insightful

      er... why do we "need" to reward creativity? Why should this be a fundamental principal of society? Why do people take it for granted that artist need laws to create artificial markets so they can be "rewarded".

      You can't just throw dollars at someone and say: "create art now". True art come from a persons deisre to express himself and communicate. Pop music comes from a persons desire to make money by securing a monopoly on his $-motivated "art".

      Art will not die without copyright and it was around long before it.

    55. Re:I nominate... by spanky+the+monk · · Score: 1

      It's called the Free Market.

    56. Re:I nominate... by Anonymous Coward · · Score: 0

      Why should copyright be transmissible when it's the author and the author alone who produces the art and therefore is the sole and only rightful beneficiary of any compensation for the production of creative work? An artificial legal construct should not benefit from any creative work when it's people and people alone who produce art.

    57. Re:I nominate... by Daimanta · · Score: 1

      Step 1. So
      Step 2. the
      Step 3. solution
      Step 4. is
      Step 5. ?????
      Step 6. Profit!

      --
      Knowledge is power. Knowledge shared is power lost.
    58. Re:I nominate... by Nutria · · Score: 1

      If everyone had the "why pay when I can take it for free?" philosophy, the record labels would have gone bankrupt years ago.

      Because N years ago (where N = 15) taking it for free meant copying a friend's CD or album onto a blank cassette tape, and those degrade a little every time you play them.

      IOW, it was far from the ease at which you can do it nowadays, so it didn't happen nearly as often as it does today.

      --
      "I don't know, therefore Aliens" Wafflebox1
    59. Re:I nominate... by sumdumass · · Score: 4, Insightful

      A few major points here.

      First, capitalism did not implode. That's nothing more then a tired political line meant to confuse the masses so acceptance to crap we rejected years ago would happen. The banking mess happened because of improper government regulation and burdens placed on the financial markets, and the inept actions of the existing regulatory structure. And all that was amplified by artificially high energy costs.

      Second, If your terrified by the deficit and can go to just the banking problems, then your in for a really rude awakening. The tarp and Stimulus bills aren't part of his budget and his budget alone is going to increase the deficit to levels relative to the economy not seen since WWII. You need to think about that. The billions and trillions just handed out don't count towards this budget deficit and it's as large of a difference between unfunded spending and the economy as when we were fighting a world war in two hemispheres of the globe. Your taxes are going up. Obama isn't technically raising them because he is letting the Bush tax cuts expire but we would have to be idiots to know know they are going up.

      Finally, we are in for a decreased standard of living. That won't be because of the banks collapsing or the budget deficit however. It will be because of the regulation and tax schemes they are attempting to put onto energy right now. Your utility bills are expected to triple with the cap and tax or trade or whatever they are calling it now. They want to jack the cost of gas back up with burdensome taxes which means the cost if things like food and clothing will jump in price again too.

      You know, I was watching Charlie Rose tonight and he had the mayor of New York City on discussing their new green initiatives. (this rant isn't really directed at you but it's going to illustrate some of what I just mentioned.) It sounds like this guy got his accounting skills from a 12 pack and a match book cover. Anyways, they just passed new legislation in NYC that will force almost 44 percent of all commercial property owners to upgrade everything and it creates a department to reevaluate building periodically for efficiency and fines the owners or forces them to improve it some how. He said that would create jobs, improve the value of the buildings, and make money for the owners. He said there is tech out there right now for furnaces (HVAC) that is 90 percent or more efficient then whats currently being used but they won't manufacture this stuff because there isn't a market. He said what they have done is effectivly created the market and everyone will benefit.

      That sounds good and all until you examine some details. The reason there isn't a market for the super heaters is because it costs $70 to gain the efficiency savings of $20. At a point, it costs more then it saves and traditionally people attempted to get to the break even point in these terms. Now, the furnaces and/or other fixtures in the buildings have a life span on them too, throwing them out prematurely costs more money. This is what will be happening.

      Now here is where he glossed over some finer points that effect us. He said that it would make a better building so the property owners could charge more for rent. But who actually pays the rent? You and me or the equivalent of you and me living in NYC either directly or indirectly when we use services or purchase something from someone paying the rent. Surely the property owners are going to have to raise the rent if only just enough to cover the loans needed to do all the retrofits and repairs necessary to gain compliance. So lets say this causes rent to double (I'm thinking a little more, it might be a little less), and lets say this will only effect businesses and not residential rentals. So when you go to the store, when you hire the lawyer or investment firm or whoever, they have to increase their fees and prices in order to pay the rent or they won't be there any more. This means you and me are paying for all this shit when we live our daily lives as no

    60. Re:I nominate... by Daimanta · · Score: 1

      Previous winners: Kissinger,Arafat and Gore.

      If these people can get one, so can PJ.

      --
      Knowledge is power. Knowledge shared is power lost.
    61. Re:I nominate... by sumdumass · · Score: 0

      The rental company cannot rent out the car if you've "borrowed" it for the weekend.

      So then it would be ok if the rental company didn't have anyone wanting to rent the car? Somehow, I don't think that's what you meant. The point your missing is that you gained the use from it without reimbursing the owner/controller.

      Your other two points are just as invalid. The wear and tear is minimal and the possibility of something doesn't mean it's there. Actually, I'm a bit surprised that you would actually bring up something that was possible but didn't happen (accident) in the course of an illegal act (theft, joy riding) as a way to invalidate the idea that something that was possible but didn't happen (compensation) because of an illegal act (copying and distributing copyrighted works without consent of the owner). I'm going to have to weigh that for a while.

      Anyways, if your using the property, even though it's intangible, your still benefiting from it without compensating the owner. When the owner demands compensation, and you fail to provide it, your use means a lot profit.

    62. Re:I nominate... by entgod · · Score: 1

      At least for music, something like magnatune is a good example. Tv shows could be distributed via bittorrent as normal avi files with comercials embedded, you know, a bit like tv but without the tv.

      Use a little imagination and you will find many ways of making money from selling something else than the actual copies, which cost nothing.

    63. Re:I nominate... by entgod · · Score: 1

      You don't even have to set the entertainment industry back to the 40's. Starwreck is a good example of that.

    64. Re:I nominate... by Maelwryth · · Score: 1

      "I think that's a pipe dream which doesn't take human nature ("why pay when I can take it for free?") into account."

      Thats an interesting take on the human condition. On the radio today I heard something that would contrast nicely with your ideas on humanity. It's a restaurant that lets customers pay what they want for the food they have eaten.....or nothing at all. Its called Lentil as Anything and has been running for nine years. They also run a canteen in a college in the same manner.

      --
      I reserve the write to mangle english.
    65. Re:I nominate... by drsmithy · · Score: 1

      So then it would be ok if the rental company didn't have anyone wanting to rent the car?

      People can wander up and rent a car at any time. How can they know until after the fact whether or not the car will or won't be needed ?

      The wear and tear is minimal and the possibility of something doesn't mean it's there.

      "Minimal" and "maybe" are still infinitely higher values than "none" and "never".

      Anyways, if your using the property, even though it's intangible, your still benefiting from it without compensating the owner.

      So ?

      When the owner demands compensation, and you fail to provide it, your use means a lot profit.

      No, it does not (particularly in the context of copyright infringement). You are begging the question.

    66. Re:I nominate... by sumdumass · · Score: 0

      People can wander up and rent a car at any time. How can they know until after the fact whether or not the car will or won't be needed ?

      First, I didn't support that claim or seriously imply you did, it was what you essentially said though. I'm sure your not suggesting that after the fact, if they didn't need the car it is perfectly ok then. If so, think about me coming over the next time your on vacation, taking your television and dirty books while you aren't needing them, and returning them before you get home. Somehow, without your permision, I think a law was/would be broken.

      "Minimal" and "maybe" are still infinitely higher values than "none" and "never".

      your right. however in the real world, we take wear and tear off of value and the amount of wear and tear for the usage I described wouldn't have an effect on the value or the life of the car. It's still insignificant.

      So ? You should have kept on reading.

      No, it does not (particularly in the context of copyright infringement). You are begging the question.Actually, yes it does. The law gives the copyright owner the sole rights to any copying and/distribution. For you to obtain the property, someone has to take that right away from them and assume it for themselves. You use means that they lost a profit when someone deprived the owner of the ability to profit from their exclusive rights.

    67. Re:I nominate... by eiapoce · · Score: 2, Informative

      To sum it up a Theft produces a reduction in a STOCK.

      Since digital material can be reproduced at will in perfect copies there is no stock to steal from...then there is no crime. Added to this to make a profit you need scarcity of source and a imperfect market. That's the reason why the corporate oligopolist of MAFIAA live in a frenzy of terror since when the recording tape has been invented. No wonder they pay big money to twart common sense, 200 years of economic theories and... law.

      It has to be pointed out that a imperfect market harms the consumers, competition and progress. Also it has to be pointed out that amongs politicians there are several psicopats that would prefer living as rich in a poors contry rather than working for the common good. Sad news that putting them in power it's your fault.

    68. Re:I nominate... by drsmithy · · Score: 2, Insightful

      First, I didn't support that claim or seriously imply you did, it was what you essentially said though.

      No, it was not. What I said was

      The rental company cannot rent out the car if you've "borrowed" it for the weekend.

      The point being if you have the car, then it is quite literally impossible for anyone else to use it. This does not apply in the case of copyright infringement, where the status of the original (and therefore the ability to "use" it) remains unchanged.

      however in the real world, we take wear and tear off of value and the amount of wear and tear for the usage I described wouldn't have an effect on the value or the life of the car. It's still insignificant.

      It's still more than "none". Further, the consequences of an accident are potentially quite high (eg: if the car is written off). Again, this is infinitely more than any such risk involved in copyright infringement.

      The point you seem to be missing, which is why comparing used of physical property to copyright infringement is fundamentally invalid, is that a piece of physical property has genuine and inherent scarcity. It cannot be used in multiple places at the same time and its utility can be trivially reduced and/or eliminated (accident, theft, breakdown, etc). No matter how many times you try to compare "borrowing" or "stealing" any form of physical property to copyright infringement, this fundamental flaw with the comparison will not change.

      You use means that they lost a profit when someone deprived the owner of the ability to profit from their exclusive rights.

      No, it does not. You are, again, begging the question.

      Hint: just because someone has taken a copy of something "for free", doesn't imply they would have paid for it otherwise. Further, copyright in no way grants a right to profit.

    69. Re:I nominate... by Anonymous+Brave+Guy · · Score: 1

      I can't help noticing that you didn't actually answer the question.

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

      It's still a lost profit if you steal a rental car for the weekend but never would have paid the rent on it.

      How much sooner will that MP3 need an oil change, a tune up, and a new set of tires, if I listen to it all weekend? Did I put undue wear on its transmission? What condition will the brakes be in when I return it?

      You've simply left too many variables undefined for your argument to hold any water.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    71. Re:I nominate... by BronsCon · · Score: 1

      So then it would be ok if the rental company didn't have anyone wanting to rent the car, you put absolutely no wear on the vehicle, and didn't get in an accident?

      There, fixed that for ya.

      As for your claim that the wear and tear is minimal, do you have any idea what happens when you neutral-slam an automatic transmission? Let's see how fast this thing can take off; then, let's see how fast it can go! I don't care if I crack the bell housing on the transmission and bring it back with worn piston rings and no oil, you have no clue who I am.

      You can't assume people who haven't given you a copy of their license and insurance card will treat your vehicle the same way as people who have.

      You almost have a point about the possibility of an accident being an invalid argument. Here's the problem, though: when I take that car out for the weekend, there's a very real possibility of an accident; when I take that MP3, there was no possibility that I was going to pay for it, anyway.

      As for your last point, I demand compensation, in the amount of $700 billion, for the time it has taken me to draft and submit the response. Failure to pay would constitute a lo... wait, what?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    72. Re:I nominate... by Anonymous Coward · · Score: 0

      I would be willing to drop 4 francs on a gaming console, and I think I'm in the majority.

    73. Re:I nominate... by KDR_11k · · Score: 1

      I don't see any purpose in making use for profit differ from use not for profit.

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

      I'm pretty sure a large number of them factor the copyright law (or simple ignorance) into their value assessment. Buying something legally has value to many people, remove the law and those people would see no value in legal purchases anymore (especially since making it legal would allow it to rise prominently to the surface instead of being hidden away in the dark corners of the internet).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    75. Re:I nominate... by BronsCon · · Score: 1

      Is it really a subsidy if it's the result of way-more-than-marginally increased taxes for the parties receiving the payments?

      Sounds more like an investment account to me; give us everything you've got and we'll give some of it back if you're lucky.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    76. Re:I nominate... by smchris · · Score: 1

      That way they won't get away with playing nice long enough to get reelected.

      Nonsense. Republicans=gas and oil. Democrats=Hollywood. The industrious can look up how many times I've said that on various blogs and I stand by it. Even the Most Holy Saint Wellstone wrote that the DMCA was the right thing to do and he'd do it again when I wrote him that it was crazy that it should be a federal offense to play a legally purchased DVD on a linux machine.

    77. Re:I nominate... by htrn · · Score: 1

      Why would the framers want to do something like that? They set the government up specifically to avoid "Tyranny of the masses" and group stupidity.

      What your seeing is exactly what they wanted. It may be being abused but it was the intent. The abuses seem more damaging now that people want to think the federal government is supposed to be over the people and not just a governing body for the states to control common business associated with the state.

      You are seeing the intent of the electoral cycle, not the intent of the Federal system. However, on a 2 year basis, the electoral cycle (for the House and 1/3 of the Senate) turns into "Tyranny of the masses" as you state because the masses refuse to become educated regarding those that would represent them. They listen to appeasing, yet empty, promises and vote on those without knowing the history or character of those they are voting for.

      Don't believe me? Look at all of the clowns that are in Washington and ask yourself honestly which of all of them are for the people of the USA. It is very few when speaking of the congress as a whole and it has been that way for many decades.

    78. Re:I nominate... by bit01 · · Score: 2, Insightful

      I can't say the same for most of the independent films I have watched.

      You're not looking very hard. I see wonderful old, foreign and independent movies every day. Hollywood alone is currently producing more than two feature movies a day. Worldwide there must be hundreds per day. That's thousands per year. With a world population of 6,700,000,000+ that's actually a small number. How many movies do you watch in a year?

      We simply don't need draconian copyright to increase the number of good movies made. We are suffering from an information and entertainment glut, not scarcity, and it's only going to get worse, causing resources to be redirected from more important needs (e.g. care of the elderly) because of almost completely unnecessary artificial scarcity.

      ---

      Copyrights and patents are privileges, not rights.

    79. Re:I nominate... by Anonymous Coward · · Score: 0

      music pretty much requires the band and maybe some songwriters.

      and graphics artists, sound engineers/remaster-er(?), crossover acts, a manager to handle the administrative responsibilities, insurance, roadies...umm... I imagine there are at least a couple dozen other things that really have to be paid for be anyone expecting venues of more than 50 people.

      but yeah: Artists should get way more money. Defined-as-popular to make huge money off pop acts is ridiculous. File sharing for preview would be awesome. File sharing for web radio is obviously necessary (I'd never ever have heard of boards of canada without it). All that stuff...mostly just saying being a band probably costs a lot. Unless it's a guitar hero band.

    80. Re:I nominate... by bit01 · · Score: 1

      That's a pretty ridiculous argument, actually.

      No it isn't actually. Only fanatics think that copyright-as-it-is-currently-implemented is the one true way.

      ---

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

    81. Re:I nominate... by aurispector · · Score: 3, Insightful

      To an extent, but the grandparent post has it about right. The way it works is the repubs manipulate the anti-abortion crowd, the religious right and the gun nuts, while the dems use the do-gooders, greens and pro-choicers. Anything to preserve the illusion of choice. Both sides pass laws to satisfy their "constituents" regardless of whether they'll pass constitutional muster. They don't care if it does: the laws don't affect the power elite! (just look at all the tax-dodgers Obama picked-the repubs are no better). Ban guns, institute school prayer, whatever so long as the sheep are happy.

      Once in office, their real constituents-the corporations funding them-get everything they want. Then it's time to play "Wave the red herring" - Sex scandals! Global warming! Iraq is SO gonna attack us! Anything to distract you from the real issues as your rights are eroded!

      Worse yet, it's international. The same crap happens everywhere, with the issues moved by the same corporate players. If there doesn't happen to be a pesky democratic government to manipulate, the elite have another tactic: the good old fashioned suitcase full of cash! That 3rd world strong man is for sale, too.

      The main thing the framers of the constitution got right is the notion that the government needs to be restrained in the interest of the people. Too bad the constitution is practically irrelevant at this point.

      --
      I have mod points. The reign of terror begins now.
    82. Re:I nominate... by KDR_11k · · Score: 0, Troll

      If middlemen are nothing but money leeches then surely those who don't have middlemen should surpass those who do due to lower costs and drive them out of the market, right?

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

      Yeah and then they'd all come together, each with his own ideas about what a good movie should have and finance one gigantic example of design by committee.

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

      From a macro economic point of view copyright is roughly equivalent to an arbitrary sales tax on specific items, with an efficiency rate of about 5% of the collected funds going towards the stated (as opposed to actual, of course) purpose of copyright.

      Copyright is a wrapper to allow ideas to be traded like any physical good and thus apply capitalist mechanics to them (e.g. desirable works prosper, undesirable works fail). Like any product the workers that produce it get paid by the company, not by the buyers. The company makes money on the sales and uses that money to pay all the expenses any business incurrs. How much of the money that you spend on anything you buy in a store actually goes to the workers who create the physical object? Is it sufficient to merely create the physical object or is there maybe more work involved to actually getting that product into your possession? Like, say, letting you know it exists and maintaining the whole logistics chain to actually move it from the factory to a place where you can pick it up and pay for it? Maybe even that place itself?

      The grunts in a copyright-producing company also get their salaries and they get them no matter how their product performs unless the whole department stops making money and gets axed. Yeah, musicians have a tendency to negotiate terrible contracts that pay terribly but they didn't have to sign those, it's perfectly possible to skip having a label and do all the promotion and distribution yourself (of course that's a lot of work but that's why so many sign up for the lazy option) or maybe negotiate a better contract (provided your offering is sufficiently superior to the offerings of your competitors that you can charge significantly more for it). There's no mechanism in place that makes it impossible to hold a copyright without signing up to a "no money for you" contract, you can hold a copyright easily. Of course it's not easy to utilize but I recall it saying "pursuit of happyness", not "happyness handed to them on a silver platter".

      The large corporate machination that eats the money manages to survive for a reason: It does work the artists and creators don't. It also employs the artists and creators to create works they wouldn't want to create on their own accord but that the public at large desires.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    85. Re:I nominate... by Anonymous Coward · · Score: 0

      So the solution is??????

      Reduce copyright "protection" down to a few years. There is no incentive to create when you can live off a single product almost indefinitely. They should spend their efforts on creating more products for consumers, rather than chasing kids with TBs of downloaded content.

      Secondary jobs will be created as companies start picking up out of copyright works, bundling then up, and selling them for substantially less that the the artificial pricing we now have.

    86. Re:I nominate... by KDR_11k · · Score: 1

      Because the creator may be completely overwhelmed by the whole work needed to actually distribute the work and all that and would rather take a lump sum, then get to work on the next thing? That way creators can focus on creating and people who know how to sell stuff can work on the selling instead of forcing one individual to learn all the aspects of every step involved and being completely distracted by all that so they don't do more of the thing they're good at.

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

      That's pretty much a No True Scotsman argument.

      Besides, artists need to eat too. Most would have to take up other jobs that take away from the time they have to create.

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

      The billions and trillions just handed out don't count towards this budget deficit and it's as large of a difference between unfunded spending and the economy as when we were fighting a world war in two hemispheres of the globe.

      But now the US is fighting in THREE hemispheres of the globe!

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    89. Re:I nominate... by pnuema · · Score: 0, Troll

      Dude, you need to lay off the Fox News. You've been smoking a few too many teabags.

    90. Re:I nominate... by FlyingBishop · · Score: 1

      Yeah. Really, I have pirated a grand total of one album in my life, and that was because I couldn't obtain it except on E-bay, and I'm not paying top dollar for a degraded 5-year-old CD.

      I listen to certain indie radio stations that aren't too commercial. NPR in Minnesota actually rounds out the usual news NPR + classical NPR with indie NPR, which kind of shows how rock 'n roll has arrived as a cultural institution. Furthermore, if I want to evaluate an album, MySpace is an excellent option.

    91. Re:I nominate... by timeOday · · Score: 2, Interesting

      First, capitalism did not implode. That's nothing more then a tired political line meant to confuse the masses so acceptance to crap we rejected years ago would happen.

      Capitalism did implode. We were only hours away from the failure of the banking system. Without the govt. safety net, the largest banks and insurers would have failed, taking people's life savings with them. There is no question about that. That certainly would have caused panicked runs on all other banks as people scrambled to withdraw their savings before the money was gone, causing them to fold.

      Blaming the regulators for what did happen has some validity, but there's something wrong with blaming somebody else for giving you enough rope to hang yourself, especially if you spent a fortune lobbying them to do so.

      I actually agree that our economic problems, energy problems, and environmental problems may result in decreased standard of living. The fallacy, however, is the notion that it's all government imposed, that simply continuing as we were is an option. Oil is becoming more scarce. Creditors around the world are starting to see us as a risk. The air is getting polluted. Demanding solutions that solve it all without pain is just not realistic.

    92. Re:I nominate... by RogerWilco · · Score: 1

      Both.

      And there you have the real problem. You have a two party system because of district voting and winner takes all mechanics. District voting also ties the representatives closely to local interests instead of national concerns.

      Next to that, people need to have access to large sums of money to run for office in the USA, creating a bias towards the wealthy.

      I prefer multi party proportional representation over the US/UK style democracy as it's easier for a new political movement to gain a foothold and be relevant at the political stage. And in general voters have much more choice.

      The disadvantage is that often coalition negotiations are needed to get a majority. The advantage of that on the other hand, is that most policies are compromises, filtering out the more extreme viewpoints.

      --
      RogerWilco the Adventurous Janitor
    93. Re:I nominate... by swillden · · Score: 4, Insightful

      The real problem is that very large parts of the youth is getting criminalize and *that* has to be fixed if you don't want a large scale revolt a few years down the line.

      A serious corollary of the criminalization of something that such a large portion of the population is doing is that it encourages the people to look down on the law. Our current approach is creating a generation of scofflaws, and that is a bad thing -- because other laws DO matter.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    94. Re:I nominate... by Anonymous Coward · · Score: 0

      That sounds good and all until you examine some details. The reason there isn't a market for the super heaters is because it costs $70 to gain the efficiency savings of $20. At a point, it costs more then it saves and traditionally people attempted to get to the break even point in these terms. Now, the furnaces and/or other fixtures in the buildings have a life span on them too, throwing them out prematurely costs more money. This is what will be happening.

      The point of a cap and trade system is to tax an externality (pollution) as the market does not set an appropriate price for it on its own. Pure economic efficiency ignoring externalities is not a reasonable metric to rater the economy on.

    95. Re:I nominate... by pleappleappleap · · Score: 2, Funny

      Fine. You stay at home. I'll keep going to the theater.

    96. Re:I nominate... by ausekilis · · Score: 1

      >

      Seriously, copyright is dead already.

      The original intent of copyright is still being used correctly for those types of objects for which it was designed. We don't have a great number of Sony DS's, Ford Corolla's, or Sega Wii's. Not to mention the numerous other things that copyright has rightfully protected, such as the couple year old litigation over the 802.11/g wireless invented and copyrighted by research in Australia that has since had ~18 companies pay royalties for.

      Copyright is not dead, it's just being misused for a medium that is not tangible. When we talk about mp3's, about .iso files, and other purely electronic media, we're talking about things that are trivial to duplicate, and incredibly hard to track. There's absolutely nothing stopping me from making thousands of copies of mp3's on my own computer. However, if I were to make and distribute thousands of my own form of DS's, you can bet your ass that Nintendo would be all over me.

      It no longer makes sense to pretend that the point of reproduction is a choke point for publication. Yes, we do need to reward creativity, but no, corporate-controlled copyright focused on profit-maximization (based on an ancient paradigm of killing more trees) is NOT the solution.

      You're absolutely right, we need to reward creativity. The problem is that once a band signs up to a major label, they no longer have exclusive rights to their music. Once a movie is made, it's owned by the studio, not the actors (who make too damn much anyway). If for every $20 album sold the artist only sees $0.32, then we have a bastardization of copyright. If you *really* want to support a band, see them in concert. In fact, I think a better business model would be for record labels to offer tons of free songs for every band, perhaps 2-3 tracks, let them spread like wildfire. Get the band out there. The real profit would be having more people attend concerts, and some side cash from services like the iTunes store or amazon digital downloads.

      Just my $0.02

    97. Re:I nominate... by mrchaotica · · Score: 1

      What your seeing is exactly what they wanted.

      No we're not -- not since the gutting of the electoral college (i.e., states choosing electors by popular vote, instead of having the state legislatures pick them) and the 17th Amendment (direct election of U.S. Senators, who were also supposed to be picked by the state legislatures), anyway.

      Before, the Federal government was accountable to the State governments, and therefore indirectly accountable to the citizenry though their state representatives. But with those changes, not only are the President and Senate less accountable to the citizenry (because everybody's votes are so diluted), but the balance of power is skewed way towards the Federal government, which severely restricts the self-determination of the individual States. For example, California can't legalize marijuana because even if they directed the local and state police to stop enforcing the prohibition, the (Federal) ATF and FBI would still be running roughshod over everybody. Similarly, Montana was forced to adopt speed limits, even though they were stupid and unnecessary, because the Feds would have withheld all the transportation funding if they didn't -- something they wouldn't be able to do if the State governments were stronger.

      --

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

    98. Re:I nominate... by pleappleappleap · · Score: 1

      I could make digital copies of CDs 15 years ago. For that matter, I could make digital copies of CDs 20 years ago. And I could do it without a computer, only with consumer audio equipment.

    99. Re:I nominate... by pleappleappleap · · Score: 1

      We're fighting in SIXTEEN hemispheres!

    100. Re:I nominate... by pleappleappleap · · Score: 2, Insightful

      Capitalism did implode. We were only hours away from the failure of the banking system. Without the govt. safety net, the largest banks and insurers would have failed, taking people's life savings with them. There is no question about that.

      Citation please.

    101. Re:I nominate... by krunk7 · · Score: 1

      So the solution is??????

      The solution is rather simple. Provide users with an easy to obtain, uninhibited access experience for a reasonable cost.

      Most people want to be honest, unless there's a clear win for being dishonest. Right now, the process for getting videos onto your TV go something like:

      • Torrent/usenet/whatever the video
      • pray that it doesn't have badly done foreign subtitles
      • Pray that if it does have subtitles because it's a foreign film that your convertor handles them correctly
      • convert to a media format that's playable on your TV or watch the flick on your less than ideal monitor.
      • Hope that the video, in general, is of acceptable quality.

      Now, that's a lot of trouble to go through just to watch a video. Why are people doing it? Is it really to save the 4 bucks or is it the convenience of doing most of this at home, in the background, provides greater flexibility in the end.

      Downloading music isn't quite as bad, but there's often issues of tags to deal with or the occasional bad rip. If you're on a premium tracker, then you have to make sure you maintain good ratios and in some cases purchases music to rip and upload as well.

      Digital media is so cheap to reproduce it's practically free. That's the rub, even non-technical people understand this. That's why they don't feel guilty "stealing" something that's virtually free to create. The expense incurred is now approximately 0 for distribution. However, the media conglomerates don't want to adjust their prices. Even non-technical people see this. When they moved form tapes to CD's, everyone was excited because it was supposed to be a much cheaper distribution media, but the price went up. Now they're moving from CD's to digital, a zero cost media to distributers, and yet....the price remains the same.

      The only way the media companies are going to catch this dragon by the tail is if they adjust to meet the market's new demands. Provide a subscription service, charge some reasonable base price and let people download all they want in an uninhibited, high quality format. I guarantee they have enormous amounts of market analysis that tells them what the average consumer spends on media a month and differences between "power consumers" and "normal consumers". I'd wager that most people, even before the internet download craze, spent less than 20 dollars per month on music and maybe 10 to 20 bucks a month on renting movies.

      So for the cost of cable, why not provide unlimited access? Who cares if the occasional obsessive compulsive teenager downloads 100's of gigs of music that would take him 5 years to listen to if he didn't sleep and holed up in his basement 24/7 with the stereo on?

      It's about service and quality now. The copies of the media itself are negligible. What the media companies need to focus on is providing a better service then their competitors (trackers, usenet, etc). Fast downloads (no waiting a week for a torrented movie), centralized searching, guaranteed quality, no hassle viewing, and a warm, fuzzy feeling that the company you're purchasing from is actually trying to provide you with value instead of fuck you in the ass.

    102. Re:I nominate... by vertinox · · Score: 1

      Finally, we are in for a decreased standard of living. That won't be because of the banks collapsing or the budget deficit however. It will be because of the regulation and tax schemes they are attempting to put onto energy right now. Your utility bills are expected to triple with the cap and tax or trade or whatever they are calling it now. They want to jack the cost of gas back up with burdensome taxes which means the cost if things like food and clothing will jump in price again too.

      Hrm... I have to disagree that failure in economics always results in a decreased standard of living, because standard of living is directly tied to technology and science which amplifies our infrastructure and production efficiency.

      Yes, economic activity can stimulate advances in science and technology, but if the economy collapses, science and technology lessens impact to an extent.

      Example... The invention of the refrigeration machine increased the standard of living of people in general because they could store food long term.

      Now if the economy shrinks and a lot of people go unemployed, it does not make all the refrigeration machines turn themselves off. People might not buy them as much and they will have to conserve energy in other areas, but in general their standard of living has not decreased. In fact there is a stimulus created for more efficient refrigerators that does not cost as much to run as before.

      Same with cars and lightbulds... Sure we can't afford to drive as much as we used to and leave the lights on all the time, but this creates a stimulus for manufactures to develop cars that run on less gas and light bulbs that don't burn out as often and use less energy.

      That said, the increase in costs of energy will cause a demand for solar and other methods of producing your own power without having to rely on paying a utility company.

      Many businesses are doing this these days not only for the good press of going green but saving money as well.

      Anyways... Its the science and technology that increases standard of living. The economic part helps stimulate investment in it.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    103. Re:I nominate... by Anonymous Coward · · Score: 0

      It sounds like this guy got his accounting skills from a 12 pack and a match book cover.

      You = Slashdot troll
      Bloomberg = self-made billionaire and Wall St. legend.

    104. Re:I nominate... by Just+Some+Guy · · Score: 2, Insightful

      I wish the framers allowed the president and congress critters to be recalled if they pissed off the public.

      That was a large part of the motivation behind the second amendment.

      --
      Dewey, what part of this looks like authorities should be involved?
    105. Re:I nominate... by tnk1 · · Score: 1

      #1 The tax would never be levied, because said media executives control the government, especially now that we have changed to the Media Administration from the Oil Administration.

      #2 Even if you did that, in just a few years, they'd either:

      a) find loopholes or have their pet legislators create loopholes which allow them to ignore the tax

      b) get the tax repealed outright

      c) find a way to make it so that the tax is paid by everyone else and they still make all their money because the extension of the tax has turned it into an Entertainment subsidy under the radar. They may still be taxed, but they just increase their compensation using the subsidy, I mean tax money, to the point where they can be taxed 90% and they are still filthy, stinking, rich.

      A tax is *never* the solution. Taxes should be levied for one thing, and one thing ONLY: supporting governmental functions as required by law. This tax/subsidy and bailout crap is central to what is seriously wrong with our budgetary and financial problems these days.

      I don't think there will be a problem if the Entertainment industry dies. It *should* die if it can't figure out how to make money off of talent. It was only created in the first place due to the difficulties of pre-Internet distribution. The distribution problem is now much simplified, so all that these guys really do that adds value is providing professional engineering/production, promotion and marketing.

      I think the Entertainment industry can easily make a bunch of money even if the first digital copy is the only one ever bought before it is instantly copied to 7 billion people. You need talent, and that talent needs to be promoted and worked on. You just start front loading the expected costs by having projects have sponsors and patrons before release. It's a different model, to be sure, but it certainly could work.

    106. Re:I nominate... by ArsonSmith · · Score: 1

      Not my job to find the solution (or if I had an idea how I could be rich because of it) but abolish copyright and let the free market find the solution. Copyright is another form of socialism that so many here seem to like and hate at the same time. Just like there are many new companies building billions off of the government regulation of the "green" movement and global warming scare. There has been two hundred plus years of companies building billions off of copyright.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    107. Re:I nominate... by ArsonSmith · · Score: 2, Insightful

      You've only hit the tip of the iceberg. Republicans=working business (oil, gas, banking, construction, manufacturing etc) and Democrats=leaching business (Hollywood, unions, education, art, entertainment, government social programs etc).

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    108. Re:I nominate... by Opportunist · · Score: 1

      Umm... yes, I want that.

      I'm not from the US. And our movie industry is insignificant compared to even a fraction of hollywood. Yet we have some rather rich and colorful indie film scene. Sure, you will not find a lot of high budget action movies (blowing up shit is kinda expensive, ya know...), but we have very good comedies and dramas. Good writing, good acting, meaningful and pointed dialogs, plots that can't be predicted after five minutes. Ya know, what was it called... right: GOOD FILMS.

      Let's be honest here, action cinema is the fast food of movies. It's juicy, it's spicy, it's easy to digest and it kinda makes you feel a little bad when you're done because you know you shouldn't have and you should have had something that's better for you. It's like listening to elevator music. It distracts you and it allows you to put your mind on idle, but it doesn't really give you anything in the long run.

      I prefer movies that make me think and reflect on what I just saw. I kinda want a message when I watch stuff.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    109. Re:I nominate... by Random+BedHead+Ed · · Score: 0

      Republicans=gas and oil. Democrats=Hollywood

      Yes, I too miss those pre-2009 days when federal copyright policies were flexible and balanced the needs of the holder's rights with those of fair use, and didn't unfairly influence technology design or network policies.

      Or ... wait a minute. This is a bit of a stretch, but ... could Hollywood have had an influence on the Republicans, too? I'm suddenly having weird, possibly errant memories of tough copyright regulation prior to January, and also prior to the Democrats taking congress in 2006. Surely that's not possible.

    110. Re:I nominate... by shentino · · Score: 2, Informative

      Uh, no.

      The second amendment isn't an endorsement of an armed revolution. It's an endorsement of people to take up arms to defend themselves and not have to wait for the military to step in. Why else would militias be mentioned?

      Guns should only be used defensively.

      If you have doubts, look at the clause that allows habeas corpus to be suspended in cases of insurrection or rebellion where the public safety requires it.

    111. Re:I nominate... by mcguiver · · Score: 1

      This is exactly what I have been screaming for a while. I am so afraid that our zeal for the environment will completely destroy the economy. I am an environmentalist and am all for protecting the environment but if the economy collapses who is going to be able to afford all of this new green technology? It is sad that so many influential people are missing out on that point.

    112. Re:I nominate... by Anonymous Coward · · Score: 0

      Errm, yeah, I borrowed the latest 50 cent track for the weekend... I kind of had a bit of an accident.

      Do you think Mr Cent will mind going back into the studio to re-record it?

    113. Re:I nominate... by misexistentialist · · Score: 1

      Theaters tickets and online playing should fund film and games. Books may be threatened by piracy when electronic readers go mainstream, but since the production cost of writing a book is basically zero, a good income should still be possible despite a lot of piracy.

    114. Re:I nominate... by Random+BedHead+Ed · · Score: 1

      The question now is: Will Lessig be stupid enough to support Messiah Obama again in 4 years. Only time will tell.

      Lessig is not a one-issue voter, despite his strong positions on copyright. His reasons for supporting Obama in 2008 are available to read (and there's a video around, too), and they were not limited to copyright issues. They weren't even principally about copyright.

      Lessig was most interested in Obama's foreign policy and how much better he thought it would be than the foreign policy of the people who brought us the Iraq War. Remember, Lessig is somewhat libertarian in his leanings, and a libertarian foreign policy would never have allowed for the Iraq War. The professor also liked Obama's pledge not to take money from corporate lobbyists, which is a major issue that Lessig seems to care about almost as much as copyright reform, if not more. Bad, one-sided policies that favor major industries are more or less guaranteed when those industries are allowed to line the pockets of the legislature, so one could argue that government reform is a precondition of good copyright policy. (Government reform is the goal of his Change Congress movement, which sadly I haven't heard much about lately.)

      So even with a poor, one-sided copyright policy (and we certainly seem to be headed toward more of the same with Obama), it's the non-copyright shifts away from Bush era policies that seem to weigh with him more. If Lessig's positions are unchanged in 2012, and if the Republicans are unchanged in 2012, I'd be very surprised if Lessig backed anyone else but Obama.

    115. Re:I nominate... by misexistentialist · · Score: 1

      Spending money to reduce fuel consumption isn't a breaking a window, it's putting up a storm window. Yes, it still involves a drop in consumption, but that's because resource scarcity forces us to. Hopefully we can at least employ people to build new windows, because the real drain on the American standard of living is competing with eastern countries where human lives are numerous and worthless.

    116. Re:I nominate... by Duradin · · Score: 1

      Apparently it is too much to ask to get the original recording (not re-recording) of the Patton soundtrack...

      I want to give people (a reasonable amount of) money for that, but no one will let me, at least on the first sale level. Due to scarcity, it has a high price on the second hand market and would probably be a great candidate for a digital only release. But noooooo, we can't be giving the customer a chance to give us money.

      Of course you can get (at) the full score if you buy the collector's edition dvd... for $9, new. And the you have the whole fricken movie as well.

    117. Re:I nominate... by ZenDragon · · Score: 1

      You must have a pretty miserable life.

    118. Re:I nominate... by shutdown+-p+now · · Score: 1

      Previous winners: Kissinger,Arafat and Gore.

      You forgot Gorbachev.

      As I always say: those people have got the prize for mocking the peace process, so the word "peace" is at least involved somehow ~

      If these people can get one, so can PJ.

      Would you really want her to be in that line-up?

    119. Re:I nominate... by Duradin · · Score: 1

      Ya, totally not the fault of all the highly paid "experts" who thought that the house-of-cards that was the housing bubble and sub-prime mortgages would never (or at least before they bailed out with their platinum parachutes) fall. It was all that evil government messing with them that caused this!

    120. Re:I nominate... by An+ominous+Cow+art · · Score: 1

      Someone's taking Time Cube too seriously. :-)

    121. Re:I nominate... by jbengt · · Score: 1

      "The rental company can rent out the car if you've copied the original car design to make a new one for the weekend"

      There, fixed the analogy for everyone.

      Still, copyright has a good purpose, and would be useful if there were realistic limits on the terms, as originally intended.

    122. Re:I nominate... by thtrgremlin · · Score: 1

      Let the market figure it out. The people that figure it out will become super rich until the next technology comes along and someone else will have to figure that out. The new system is killing the old system, and that is just the way progress works.

      The printing press DESTROYED the book publishing industry of the time. Lots of people with lots of money providing many jobs to skilled intelligent scribes fought very hard against Gutenberg. Gutenberg was a pirate with no respect for the copyright law of the time.

      Finally, despite many book burnings and imprisonment of pirates, the printing press still won. But then as book printing was decriminalized, there was a swarm of new book publishers taking business away from the now old industry, and the copyright wars were going again.

      WTF!!! I would be pissed off too if I had a successful business and some new technology came along and made me completely obsolete, but is it too much to ask that the government recognize some pattern here with regard to progress and communication technology? Would it just be "too much progress too quickly" if they gave way to the future, or is it just bad business for the government not to take industry money to support whatever they ask.

      I try not to get angry, and just realize that free market is inescapable, and holding the government to a higher standard than thinking they could ever do anything more than to grab as much market share in any and every industry possible just like any other business is a joke. A constitutional government sounds like a great idea, but it isn't divine, and doesn't mean anything more than what we do with it. Not even really talking about the US constitution specifically, just the idea that there could be some kind of social contract that would be shared between people about an acceptable amount of influence we are going to exert on each others lives. Some kind of rules that would say "we believe in justice, but there should be limits on how justice is pursued. There should be simple rules that we can agree to, articulate, and understand.

      So the lawful solution has come down to this. Boycott this wretched industry. Call me paranoid, but I won't give money for ANY CD or DVD unless THEY produced it. I always ask if they use creative commons, and usually end up explaining it to them, but in most all cases I ask if they mind if I copy it for friends, assuming I like more of what I hear, and they are flattered. SUPPORT CREATIVE COMMONS!!! It is new, and how people can make money off of something has always been the business of business.

      Just because YOU don't know the new way doesn't justify giving an army to the old way. Certain powerful industry leaders of the past have, in their own words, declared war. What side are you on? Joe Biden is not just the friend of my enemy, he is the arms dealer.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    123. Re:I nominate... by LuYu · · Score: 2, Informative

      Do not forget Federal Income Tax. That is how they got the money to withhold. And do not forget the universal 21 drinking age which was also forced down states' throats with the same fiscal threat.

      --
      All data is speech. All speech is Free.
    124. Re:I nominate... by thtrgremlin · · Score: 1

      Both?

      The media is the only nominator. I started paying attention to Obama after he got the endorsement of Lessig. However, love him or hate him, he was nominated and ultimately elected by the media. Hollywood's two top choices for who they would want to see as president were Obama and McCain, then they let us pick between them. I thought he would work on reform and try to bring some sanity to the situation, but the change we can believe in here is death to the opposition.

      Motivations are hard to judge, at least I like to try to believe this. Obama is smart enough to know that what he does this next four years will tell Hollywood whether or not they want to nominate, and ultimately elect him in 2012. But what is important to us is whether or not his part time job of media d*** ornament is a necessary diplomatic move, or if he is merely going to take the path of least resistance.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    125. Re:I nominate... by Nutria · · Score: 1

      Tv shows could be distributed via bittorrent as normal avi files with comercials embedded, you know, a bit like tv but without the tv.

      Within an hour, 85 people would post .torrent files of "stripped" versions of the shows.

      --
      "I don't know, therefore Aliens" Wafflebox1
    126. Re:I nominate... by LuYu · · Score: 1

      Piracy != lost profits because the author has no right to reap profits from the work in the first place. If "piracy" were limited to commercial piracy, then there would definitely be lost profits: money paid for the information but not to the legitimate recipients.

      However, authors or other copyright holders have no right to impose fees on transactions of information. Nor do they have a right to receive money for every use of their works. Libraries are case in point. Are authors victims of "unauthorised" borrowing at libraries? Is each time a person reads a book at the library and does not buy it a "lost sale"?

      The "lost sale" argument is just stupid, and I wish people would stop brining it up.

      On a side note, as much as I disagree with the parent, I think he should not have been modded a troll. That is quite unfair, and it was a legitimate question.

      --
      All data is speech. All speech is Free.
    127. Re:I nominate... by Nutria · · Score: 1

      I could make digital copies of CDs 15 years ago.

      In 1994, most people only had CD-ROM drives.

      For that matter, I could make digital copies of CDs 20 years ago. And I could do it without a computer, only with consumer audio equipment.

      The CD-R was only released in 1988, so burners would have been really expensive in 1989, thus not in low- to medium-end equipment, nor even in most high-end equipment. Blank disks, too, would have been enormously expensive.

      --
      "I don't know, therefore Aliens" Wafflebox1
    128. Re:I nominate... by esocid · · Score: 1

      The parent may be under the impression that the Peace Prize is the only Nobel Prize. I only say this because back when I was in high school I was baffled by the stupidity of a teacher who thought the exact same thing. A science teacher no less.

      /facepalm

      --
      Absolute power corrupts absolutely. indymedia
    129. Re:I nominate... by Nutria · · Score: 1

      The printing press DESTROYED the book publishing industry of the time.

      I don't believe you that there was such an industry at that time.

      Lots of people with lots of money providing many jobs to skilled intelligent scribes fought very hard against Gutenberg.

      Again, I don't believe you. Find citations (not from a libertarian web site!!!) and then I might change my mind.

      Transcribing manuscripts was tedious in the extreme and VERY ERROR-PRONE. Those monks were jumping for joy that they could stop the mind-numbing scritching and go make beer...

      --
      "I don't know, therefore Aliens" Wafflebox1
    130. Re:I nominate... by sumdumass · · Score: 1

      How much sooner will that MP3 need an oil change, a tune up, and a new set of tires, if I listen to it all weekend? Did I put undue wear on its transmission? What condition will the brakes be in when I return it?

      You've simply left too many variables undefined for your argument to hold any water.

      OK, let me define it then. the car is stolen from the lot and is gone for three days. It got driven less then one mile in a normal and reasonable manor to cause no undue stress or damage to it, and the person who stole it just wanted to look at how the steering assemble was put together in order to compare it to work he was doing on another car. No damage was done to the car.

      What now?
      I know there are different levels of theft, in some cases, if you had the keys, joy riding is about the only charge you will get. The point is though, it's still a violation of the law and against the principle of controlling what you own when someone else takes your property without permission or any reason to believe they could or would have it. That's the point though, after they break the law and use the property for whatever reason that isn't exempt by the law, they have crossed into the arena where a profit is expected.

    131. Re:I nominate... by LuYu · · Score: 1

      But that is just the point. This is not and never was about the artists. The "artists" are the ultimate red herring. The fat cat businessmen trump "artists" out every time someone threatens their profits. "Oh, the poor artists!! They will starve! (But my steak cost a hundred bucks, and I live in a palace -- Suckers!!!)" They know very well that nobody is going to pass a law to defend their $10,000 suit or their million dollar paycheck.

      Copyright supports the crooks: plain and simple. All this stuff about artists is just smoke and mirrors.

      --
      All data is speech. All speech is Free.
    132. Re:I nominate... by sumdumass · · Score: 1

      Wow. Your making this way to complicated.

      The law says a person who creates copyrighted works has control over the copying and distribution of those works outside of a narrow scope of exemptions to that rule. Your use doesn't take that right away unless you copy or distribute or cause it to be done on your behalf. The physical medium isn't what's at issue here, it's the right and control created by law that is.

      If the law says you control your property, then me trespassing against your will is breaking the law. If your property is a gated amusement park or something that you charge entry to, you are entitled to that fee when I violate your rights by entering your property without paying. Even if I stay out of your road, don't cause any damage, and just watch the live performances happening there, you are still entitled to me entry fee. Am I right? Because I took nothing that would cause a reduction in your stock, outside you prosecuting me, I cause no monetary damages, displaced no one else, but my presence entitles you to profit because the law gives you a right to control who enters and stays on your property.

    133. Re:I nominate... by Arterion · · Score: 1

      Reading the comment in the summary, it sounds like Biden's philosophy is that copyright is good for the public, in that big corporations who profit from copyright create jobs.

      Of course, they do. But the real question is whether or not copyright has a positive or negative economic impact, balanced with the social impact of it. Not necessarily an easy thing to figure out. But if you're getting your pockets lined by lobbyists, it's easy to see it from their point of view.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    134. Re:I nominate... by Anonymous Coward · · Score: 0

      As I always say: those people have got the prize for mocking the peace process, so the word "peace" is at least involved somehow ~

      I can understand why some on Slashdot may dislike the fact that Gore got a Nobel. However, how exactly did his enviornmentalism lectures (remember that's what he got it for) mock a peace process?

    135. Re:I nominate... by thtrgremlin · · Score: 3, Insightful

      District voting also ties the representatives closely to local interests instead of national concerns

      I feel the 17th amendment eliminated the focus on local issues and only national issues are addressed. Let people vote for someone they know, that they can meet, and has a voice among others in the state. Let those people vote on who would represent us in congress. In such a system, where people really knew, from personal experience, who they were voting for, I think the media would have less power to sell the lies.

      17th amendment appears to "give power to the people", but it really just eliminates any power your representatives you vote for to have any influence in representing your interests in Congress. It has made the state almost completely benign. I think the electoral college is great for many reasons I won't go into right now. The problem, as you mentioned, is the two party system. The work necessary for a third party to become relevant is insurmountable. Not to be all conspiratorial about it, but I see it in the best interest of the DNC to "cross party lines" and make sure the Republican party stays strong... just not stronger then them. The only thing that could ever bring in a third party would be a fall of the current second party.

      I am proud of what happened recently in Sweden with the recent swell of people joining the Pirate Party. That is exactly how government should work; when government betrays the will of the people, those representatives are out, and new ones are in. It will be interesting to see what happens next election cycle now that it is larger than three of the five parties currently represented in Parliament.

      The number of political parties in this country I am certain will always be equal to the reciprocal of the percent of electoral votes necessary to elect the president; 50% = 2 parties, 20% = 5 parties, 10% = 10 parties. At least I think that is how I think it would normalize over a long period of time. I don't expect it would normalize quickly.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    136. Re:I nominate... by xaothewretched · · Score: 1

      exactly, why make money off of a copy of a copy of a copy. once you put it out there do you want people to pay everytime they remember your movie? or hum along to your song? its ridiculous and im glad others get it. i just made the tax bit as a joke because of the aig taxes. makes me sick how hollywood can scream for tax the rich when they pay little and send all their money to officials who destroy our freedom. and then cry when we the people tax them by not supporting their putrid global warming destroy everything energy/control scheme. and a breath, and im good. :D

    137. Re:I nominate... by shutdown+-p+now · · Score: 1

      I can understand why some on Slashdot may dislike the fact that Gore got a Nobel. However, how exactly did his enviornmentalism lectures (remember that's what he got it for) mock a peace process?

      I don't know what he's got it for; but if he did indeed get it for environmentalism, that doesn't fit the definition, either.

      As for why he is unfit to receive the Peace Prize in general - he was the U.S. Vice President during the Kosovo War (which, no matter how you look at it, involved an unsanctioned military invasion of a sovereign country, and resulted in tens of thousands refugees).

    138. Re:I nominate... by thtrgremlin · · Score: 2, Insightful

      While I completely agree with a lot of what you say, I can't completely blame the greedy for acting greedy. I think it is the fact that most people don't care and won't educate themselves beyond their government sanitized education. Maybe that is why we have a system that takes a normal inquisitive outgoing and leads them to believe it is a chore. Everyone is so trustful of the government that they do not challenge it; whatever it does, even if it upsets them, that is just "the way things are". People have lives and families, and things they care about that they don't have time to ensure that their city or county, let alone country is run in a way. What we are left with is a few people with nothing better to do than to run for public office. In a way, it is still the same joke it was in high school. Now add to that hard working, intelligent, responsible individuals that want or need something done. Those rich and powerful people (lets just say for a moment they earned it). Whatever they want, they need only convince some of the dumbest, laziest, frat boys that they should get whatever they want, however they want.

      Government should coordinate what people need when it is something for the government to handle, but people are easily bought, and while corporations SHOULD be fighting and lobbying for their needs, it is our responsibility as individuals to get people that represent us to stand up for our communities and only help provide the kind of infrastructure that is going to encourage business, not just the best businesses we like that make the biggest promises; no wonder politicians behave this way, we elect them in exactly the same manner.

      This is all the more reason people (aka the government) need to allow people to be responsible for themselves and enable liberty then let the chips fall where they will. Market and business with customer needs and desires is already a crazy ball of unpredictable momentum. When government becomes this giant effort to control what everyone wants and needs, it fails. Government CAN NOT do that job. We can want it to, we can desire it to; it isn't that I think it is wrong for the government to do this, it CAN'T do it. They tax, criminalize, subsidize, and every time something goes right, somehow they get credit, and when it goes wrong, they say it was because they didn't do enough. It is no surprise that on a recent civics test / survey that among the MANY tracked demographics, those who had "ever held public office" was second for very worst.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    139. Re:I nominate... by thtrgremlin · · Score: 1

      Constitutional amendments have had more of an affect than I think you are giving them credit. Further, there were strong protections to keep the constitution from being amended and people have allowed those rules to be ignored. It is highly questionable whether several were ratified legally according to the rules of the constitution.

      http://political-resources.com/taxes/16thamendment/default.htm
      http://www.the7thfire.com/Politics%20and%20History/14th_amendment_not_ratified.htm
      http://www.constitutionalconcepts.org/13thamendment.htm ratified and ignored by fed

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    140. Re:I nominate... by thtrgremlin · · Score: 1

      Thanks for sharing. It was only recently I have been starting to read about the impact of the 17th amendment and despite looking like a "power to the people", it really just eliminated the state government. We are very far from the constitution AND from the lessons learned from British stateism that were meant to save us from such mistakes.

      Hell, congress isn't allowed to print fiat money, so somehow issuing bonds to let European bankers manage all of our money for us, paying them for allowing our economy to exist? From the Jefferson letters, wasn't that, like, the REASON for having a revolution was that the colonies were not allowed to have their own money, it all had to be borrowed at interest crippling our economy. Now, we have exactly the same thing, and a sick, corrupted mess we call a government.

      Actually, you got to be impressed that it works at all. Ideally, maybe we are not trying to get to the past, but learning lessons from the words of the founders and using our modern experiences to forge a future very critical of our past mistakes, possibly embracing a level of individual liberty that has not existed before, but could exist today.

      Think I will just keep telling myself that until I am not so upset anymore.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    141. Re:I nominate... by thtrgremlin · · Score: 1

      Not going to say that it is unbias, but it is my interpretation of information presented in Steal This Film, part II. There was a book industry, it was just small and individual books were very expensive, which also contributed to very low literacy.

      Tedious in the extreme? In those times? Are you joking? I would think it would be a great honor. Communication through writing was considered magical and mysterious. What do you think literacy rates were before the printing press? Writing is much easier than historians that had to REMEMBER everything that had ever happened. In both cases, history was very sacred and it was an important responsibility. You think that job was just given to anyone? I know there isn't much care or respect for history by much of anyone today, but I think it is because people just know if they wanted to know something, they can just look in a book, or today, just look it up on wikipedia... a lot of people really take it for granted. Anyway, so long as you are making the assertion that it was "tedious to the extreme" and "very error prone", might you be willing to cite a source that these monks were both lazy and hated their jobs?

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    142. Re:I nominate... by timeOday · · Score: 1

      Start here. Then google JP Morgan, Bear Stearns, AIG, Lehman Brothers, Royal Bank of Scotland. I am amazed this is even in dispute.

    143. Re:I nominate... by sumdumass · · Score: 1

      The point being if you have the car, then it is quite literally impossible for anyone else to use it. This does not apply in the case of copyright infringement, where the status of the original (and therefore the ability to "use" it) remains unchanged.

      Your implying they can't use the car which also implies that if they wouldn't use it anyways, it's ok. Suppose the rental company closes at 3pm on Friday and won't open again until 8 am on Monday and the use of the rental car was completely within that time? Whether or not they could use it is now irrelevant because we know they wouldn't be in a position to make use of it.

      The point you seem to be missing, which is why comparing used of physical property to copyright infringement is fundamentally invalid, is that a piece of physical property has genuine and inherent scarcity. It cannot be used in multiple places at the same time and its utility can be trivially reduced and/or eliminated (accident, theft, breakdown, etc). No matter how many times you try to compare "borrowing" or "stealing" any form of physical property to copyright infringement, this fundamental flaw with the comparison will not change.

      It took another thread for me to realize this but you seem to be focusing on the actual copyrighted material itself instead of a legal right granted to the creator/owner. The problem is that the actual copyrighted material is ancillary to the picture. It's the legal right that someone else assumes without consent that is where the lost profit comes in. If the law states that I am the only person who can do something, and I do that for a fee, then when you do it or whoever does it without my consent has taken a profit away from me. That fact that you now have and use the copyrighted material and obtained that material in a way I didn't consent to means that I lost a profit on you getting that material.

      The car analogy doesn't quite illustrate this. So lets take it another direction. Suppose that You owned a drive in movie theater and charged 5 dollars a head to get in. Now I see a tree on the fence line that I can use to jump the fence without damaging anything. I have a friend with a car who pays to get in and parks near that spot on the fence. When I and 5 other people jump the fence without damaging anything, walk over and get into the car and watch the two feature films, have I denied you any profit? First, lets look at the situation a little more, had we not sneaked in, we never would have went to the movies. But the fact that we are inside the complex means that you should have received $5.00 from all five of us ($25 total). Your costs are not different with us there or not. But you can't deny the fact that your out $25 dollars by our trespassing and entering illegally.

      The fact that something was pirated it basically the same thing. You had a right to control access to your property and charge a fee to it. When we violated that right, regardless of whether we would have shown up legitimately or not, you have lost the profit you should have had by us entering the property.

      Hint: just because someone has taken a copy of something "for free", doesn't imply they would have paid for it otherwise. Further, copyright in no way grants a right to profit.

      The problem isn't taking the copy for free. It's that certain rights are created by law and in order for you to get that copy for free, you have to take those rights from the owner under the law even if momentarily. Your use of their rights is no different then you taking someone's care for a joy ride or living in their rental house without their permission while they are trying to lease it to someone.

    144. Re:I nominate... by sumdumass · · Score: 1

      Lol..

      First, I was comparing the usage of the car to the usage of the MP3. So there would be no neutral slams, not redlining it, not street light racing, or anything. Frankly, I'm surprised that people are actually looking at the extreme adverse of the situation in order to debunk it. Well, here is another example to look at.

      Support you owned a drive in movie theater and charged $5 a head to get in. Now suppose that five people jumped the fence without doing any damage to it and went to a car that paid to get in to watch the movies. You should have received $25 ($5 each for five people) just because they are there and watching the movies. Now suppose they wouldn't have went to the movies if they had to pay. Your costs are no different with them there, but did you lose the profit on the admission fees they failed to pay? Of course you did because you have a right to control who accesses your property and to charge a fee for that. when someone assumes that right or ignores it but takes the advantage of it, you lost a profit from their actions.

      As for your last point, I demand compensation, in the amount of $700 billion, for the time it has taken me to draft and submit the response. Failure to pay would constitute a lo... wait, what?

      I was arguing a profit was lost. Not for excessive profits or outrageously high fees. Don't confuse my acknowledging that someone's illegal use of something means a lost profit to anyone's attempt to screw people.

    145. Re:I nominate... by Nefarious+Wheel · · Score: 1

      Would you really want her to be in that line-up?

      It would be nice to give the prize some credibility again.

      Pamela Jones preserved FOSS for us. Clearly a shining light in the context of international equality. She didn't make speeches at the UN or feed the poor, but her work in keeping control of vital infrastructure out of the hands of corporate monopolists and retaining those rights for common people puts her just one notch below Mother Theresa in my rankings. So yes, I bloody well would nominate her.

      --
      Do not mock my vision of impractical footwear
    146. Re:I nominate... by sumdumass · · Score: 1

      I probably completely watch less then 20 movies a year that aren't some rerun on TV or something. I don't have cable and get most of them from the internet. I do find quite a bit of independent films and out of about 50 a year, there is generally less then 10 I can watch completely though.

      I guess I may have phrased that wrong, there are some excelent independent and foreign films, they are just few and far in between. I don't think my tastes are out of whack so it isn't me. As for the Hollywood films, I've sat through a lot of crap films, they just seem to stink a little less.

      I think we are somewhat in agreement though. We don't need draconian copyright laws. But without copyright, we would be worse off.

    147. Re:I nominate... by Anonymous Coward · · Score: 0

      Here's another article which chronicles the recent failure of the self-appointed "Masters of the Universe".

      I am amazed this is even in dispute.

      As much as blind faith in religous systems is mocked on slashdot, you would think blind faith in economic systems would be discouraged as well.

    148. Re:I nominate... by Nefarious+Wheel · · Score: 1

      You forgot Gorbachev.

      Gorbachov earned it. He was probably the single most influential factor in the soft landing of the USSR and the dismantling of the cold war. But I suspect you folks in the USA don't get a lot of international news coverage (I've lived in the US so I know the difference) so you probably wouldn't have tracked that. And I mean that in the nicest possible way -- I think there was something of a tradition of your media not reporting Russian news for fear of being branded a communist, no offense meant.

      --
      Do not mock my vision of impractical footwear
    149. Re:I nominate... by sumdumass · · Score: 1

      I don't even have cable. If you doubt me, just do a google search on the themes I outlined. Most of them are in major media outlets, the rest is just putting 2 and 2 together. It doesn't take a rocket scientist or a theoretical physicist to figure out.

    150. Re:I nominate... by Hordeking · · Score: 1

      First, capitalism did not implode. That's nothing more then a tired political line meant to confuse the masses so acceptance to crap we rejected years ago would happen.

      Capitalism did implode. We were only hours away from the failure of the banking system. Without the govt. safety net, the largest banks and insurers would have failed, taking people's life savings with them. There is no question about that. That certainly would have caused panicked runs on all other banks as people scrambled to withdraw their savings before the money was gone, causing them to fold.

      Blaming the regulators for what did happen has some validity, but there's something wrong with blaming somebody else for giving you enough rope to hang yourself, especially if you spent a fortune lobbying them to do so.

      I actually agree that our economic problems, energy problems, and environmental problems may result in decreased standard of living. The fallacy, however, is the notion that it's all government imposed, that simply continuing as we were is an option. Oil is becoming more scarce. Creditors around the world are starting to see us as a risk. The air is getting polluted. Demanding solutions that solve it all without pain is just not realistic.

      While you didn't cite any sources or provide proof, I'll bite.

      Now, let's run with this. Large, inefficient dinosaurs, trundling along, consuming all of the resources and wasting more as they grow. I think these banks and insurers failing would've been quite analogous to Darwin's theory of Natural Selection applied to economics. They die off, and better, more efficient critters replace them, and hopefully do better.

      Another analogy would be a brush fire. Sure, it seems like a bad thing, but it clears underbrush for fresh life to grow.

      Yet another, albiet obligatory, analogy would be the car one. Those old Edsels and Studebakers were eventually selected out in favor of Fords and Chevvies, and SUVs will probably be selected out in favor of more efficient vehicles.

      It's all part of the circle of life.

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    151. Re:I nominate... by shutdown+-p+now · · Score: 1

      Gorbachov earned it. He was probably the single most influential factor in the soft landing of the USSR and the dismantling of the cold war. But I suspect you folks in the USA don't get a lot of international news coverage

      I'm not one of "folks in the USA". I'm Russian.

      And if you tell anybody in Russia that Gorbachev "earned it", you'll get spit in the face at best - and rightly so. There was no "soft landing" of the USSR - it went down in blood and fire: the Armenian/Azerbaijani pogroms and war over Karabakh, Transnistria, massacres and expulsions of local ethnic minorities in most forming national states from Moldova to Georgia to Uzbekistan, economy diving so low that millions of people have suddenly found themselves starving on the streets. Before the Perestroika, USSR had healthy demographic levels, at least - all ethnicities were steadily increasing. Immediately after the Perestroika, and because of the associated rushed economic reforms which lead to a full-scale economic crisis, it plunged low for all republics, but particularly for Russia, Ukraine and Belarus.

      I'm definitely no commie, and not at all nostalgic about the USSR, but the way the attempted transition from it to a democratic capitalist society was done was broken on virtually all levels, and Gorbachev has direct responsibility for a large part of that. What's especially ironic is how Russia ended up eventually, not at all free.

      Yes, it brought a sigh of relief for all the satellite states (Warsaw Pact, and others), as well as NATO and other potential adversaries. But it happened at the cost of suffering and even deaths of millions of USSR citizens. If you're willing to reward that with a Peace Prize, you might as well reward the Allied generals who fought in WW2. Only it's even worse in this case, because it didn't have to be done in such a messed-up way.

    152. Re:I nominate... by Nefarious+Wheel · · Score: 1
      Wow -- I bow to you, I was clearly full of shit and didn't realise it. Perhaps I am a product of that very news filtering I condemned, or was simply too far away.

      My apologies.

      --
      Do not mock my vision of impractical footwear
    153. Re:I nominate... by sumdumass · · Score: 1

      Hrm... I have to disagree that failure in economics always results in a decreased standard of living, because standard of living is directly tied to technology and science which amplifies our infrastructure and production efficiency.

      Yes, economic activity can stimulate advances in science and technology, but if the economy collapses, science and technology lessens impact to an extent.

      Example... The invention of the refrigeration machine increased the standard of living of people in general because they could store food long term.

      Your right but in being right your ignoring a couple fundamentals here. If no one can afford to purchase the refrigeration machine, they cannot benefit from the advancement of science. The moved being implemented I was speaking to go directly to the ability to afford the things you want. Lets take a look at TVs. To get a new one, a 32 inch TV 5 years ago, cost me $250. To get one the same size with the new ASTC tuner built in, I'm looking at paying almost double that. Now if the utilities triple and all my spare money is going in the gas tank just to get to and from work, I'm not going to be able to purchase that new TV. But, the same things that are going to take that technology away from me, are also going to increase the costs of producing it, shipping it, setting it on the self at the store, and eventually selling it to me. So that $500 32 inch TV will likely increase to $700 or more placing it further out of my reach.

      Under normal circumstances, I would agree with you, but we aren't just talking about economic downturns here. We are talking about direct manipulation of the costs of energy that will effect everything.

      Now if the economy shrinks and a lot of people go unemployed, it does not make all the refrigeration machines turn themselves off. People might not buy them as much and they will have to conserve energy in other areas, but in general their standard of living has not decreased. In fact there is a stimulus created for more efficient refrigerators that does not cost as much to run as before.

      It's not about the economy shrinking as much as why it would shrink. In this case, even if the economy stays the same, people will not be able to afford to run the refrigeration machines when their electric bill doubles, their food cost increase, and they are paying two to three times as much just to get too and from work. This isn't about there being less money around because of less jobs, it's about making the existing money worth less but manipulating the costs of energy and forcing land owners to make unnecessary repairs under the guise that they can charge more rent.

      Same with cars and lightbulds... Sure we can't afford to drive as much as we used to and leave the lights on all the time, but this creates a stimulus for manufactures to develop cars that run on less gas and light bulbs that don't burn out as often and use less energy.

      Here the thing though, if it costs $20 grand to purchase a car that will save you $10 grand in energy over it's life time, then the only time it makes sense to buy it is when you need a new car anyways. But when you already have a working car, and the only reason you need a new car is because they jacked the gas prices up or passed a regulation that stops you from driving it, then you are being forced to spend money you wouldn't normally have to. A lot of people aren't going to be in the position to spend that kind of money when other costs are being artificially raised in order to create the scenario.

      That said, the increase in costs of energy will cause a demand for solar and other methods of producing your own power without having to rely on paying a utility company.

      Many businesses are doing this these days not only for the good press of going green but saving money as well.

      What makes

    154. Re:I nominate... by BronsCon · · Score: 1

      Right, I took the car, with no identifying documents left behind, and I'm treating the fucking thing with kid gloves?

      What kind of car thief are you?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    155. Re:I nominate... by BronsCon · · Score: 1

      There's a difference: in the case of the drive-in, I'm on your property; in the case of the MP3, your property is on my property.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    156. Re:I nominate... by sumdumass · · Score: 1

      Actually, the housing bubble and most of the troubled assets was largely created by the government regulation (CRA) causing banks to maintain a certain portion of their loans to "high risks" borrowers. Now it should be kept in mind that High risk does have a legal definition and we are using that definition.

      But hell, why mess with details over something as simple as this right?

      In short, And yes, this is very short, the government forced those sub-prime mortgages onto people. Most of them would have survived if the energy costs wouldn't have more then doubled causing the costs of other necessities to increase too.

      Sure, the highly paid "experts" had a hand in it, but it wasn't capitalism at work and yes, the government changed just enough to make it possible. Maybe you should look into all of it instead of what little you are told that supports your views and party line.

    157. Re:I nominate... by sumdumass · · Score: 1

      I guess that's all the better for you then. I prefer movies that allow me to escape for a short period of time, a distraction from all the reflection I have to do with real life.

    158. Re:I nominate... by sumdumass · · Score: 1

      I sort of agree. However, I was thinking more along the lines of what the founding fathers intended as the parent suggested.

      Amendments would be corrections to their intent and why I do share the same concern, I'm not sure they were completely applicable to the original intent of the founding fathers or what they were trying to create.

      Anyways, an interesting piece of trivia. Did you know the original 10 amendments that make up the bill of rights was supposed to be 12 but two took several and almost 200 years to pass. The first two amendment of the bill of rights failed ratification with the bill of right and didn't become amendments until well after the bill of right were in place. In fact, the first amendment in the original bill of rights was what became the 14th amendment and passed in 1868 and the second amendment passed in it entirety in 1992.

    159. Re:I nominate... by sumdumass · · Score: 1

      I have found the rental car analogy insufucient for the claim I'm making but I found another car analogy that fits quite well. We all know that car analogies work best at slashdot which is why I'm attempting to stay with them. (I hope you can see the humor in that)

      Anyways, Suppose that You owned a drive in movie theater and charged 5 dollars a head to get in. Now I see a tree or something on the fence line that I can use to jump the fence without damaging anything. I have a friend with a car who pays to get in and parks near that spot on the fence. When I and 4 other people jump the fence without damaging anything, walk over and get into the car and watch the two feature films, have I denied you any profit? First, lets look at the situation a little more, had we not sneaked in, we never would have went to the movies. But the fact that we are inside the complex means that you should have received $5.00 from all five of us ($25 total). Your costs are not different with us there or not. But you can't deny the fact that your out $25 dollars by our trespassing and entering illegally.

      BTW, I'm not advocating the current state of offairs, I'm just stating that with it, when the use if made and it's not because of one of the limited exclusions to the distribution or copying rights granted to the copyright holder, then there is a profit being lost by the fact that something the copyright holder had an exclusive legal right to was assumed by whoever copied and distributed the works without regard to any ease of doing so.

    160. Re:I nominate... by sumdumass · · Score: 1

      For fucks sake. There is no damn difference. Your right to your property is a construct of law, so is the rights of copyright. You can't acknowledge possession of something that exists only in law and ignore the same because it exist only in law.

      And yes, in order for it to end up on your property, if you didn't obtain it from an approved source, you would have had to, or someone at some time, would have had to violate those rights of law. You pirating something means a lost profit whether your responsible or not.

    161. Re:I nominate... by sumdumass · · Score: 1

      Well, your giving it back in a couple of says so I guess the nice kind?

      Don't get upset, it was just an analogy, I'm not near as polite with people's computers.

    162. Re:I nominate... by sunnyflorida · · Score: 1

      Biden is a confessed plagiarist.

    163. Re:I nominate... by BronsCon · · Score: 1

      A horrible analogy, however.

      It used to work with cassette apes, where the act of playing it (in order to copy) put about the same amount of wear on the tape as a weekend drive put on the car and there was about the same chance of the tape deck eating it as there was of getting in an accident.

      No wear and tear on the MP3 and no chance of the rights holder OR the unlicensed distributor losing access to it or having its performance degraded.

      Oh, and they can still sell it while I'm listening to it.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    164. Re:I nominate... by BronsCon · · Score: 1

      Yes, my right to my property is a construct of law, damn right it is. I acknowledge possession of this laptop because it exists on my lap. I acknowledge possession of the series of bits that make up an MP3 because it exists on my hard drive.

      I also acknowledge the RIAA affiliate label's possession of every copy of that song that they had in their inventory before I 'pirated' it, because all the CDs, tape reels, cassettes, digital copies used in editing, MP3s and AAC files meant for online distribution, short snippets for sale as ringtones, and whatever format those little fake-SD-card kids toys use, DO still exist in their possession, or in the possession of the stores and other distribution channels to which they were sold.

      Are we arguing property rights or copyright?

      As for the assumption that pirating means lost profit, that really only holds water in cases of for-profit piracy. If I'm selling bootleg DVDs, every sale I make is someone who was willing to spend money, proof being that they did spend money, to attain that DVD. Those are the only instances of piracy that one can, with any certainty, declare when calculating lost profit. Me downloading an MP3 for free? Would I have paid? Maybe (no, but I'll pay if I like it enough to listen more than a couple times).

      Oh, what brings me to my last point. Just because I pirate (download for free from an unlicensed source) today doesn't mean I won't purchase tomorrow. If I buy from a bootlegger today, though, you can be sure I won't be buying from you. That's how you determine lost profit; who obtained a copy elsewhere and will never pay us for it?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    165. Re:I nominate... by Uberbah · · Score: 1

      You're forgetting that Hollywood is also Big Business, and the GOP loves sucking the cock of Big Business.

      Democrats=leaching business (Hollywood, unions, education, art, entertainment, government social programs etc).

      Your idea of leaching is divorced from reality.

    166. Re:I nominate... by drsmithy · · Score: 1

      Your implying they can't use the car which also implies that if they wouldn't use it anyways, it's ok.

      I'm implying nothing. It's a _fact_ that physical property cannot be in different places simultaneously.

      Suppose the rental company closes at 3pm on Friday and won't open again until 8 am on Monday and the use of the rental car was completely within that time? Whether or not they could use it is now irrelevant because we know they wouldn't be in a position to make use of it.

      There are still the issues of wear and tear, and risk of damage/loss, to deal with. Again, issues inherent to physical property.

      It took another thread for me to realize this but you seem to be focusing on the actual copyrighted material itself instead of a legal right granted to the creator/owner.

      The two are inseparable. Without the law, copyright is meaningless because it is a wholly artificial and arbitrary construct.

      If the law states that I am the only person who can do something, and I do that for a fee, then when you do it or whoever does it without my consent has taken a profit away from me.

      No, they have not.

      That fact that you now have and use the copyrighted material and obtained that material in a way I didn't consent to means that I lost a profit on you getting that material.

      No, it does not.

      Your costs are not different with us there or not. But you can't deny the fact that your out $25 dollars by our trespassing and entering illegally.

      Certainly I can, because "had we not sneaked in, we never would have went to the movies". You weren't going to pay me. Whether or not you see the movie does not change this fact.

      Your use of their rights is no different then you taking someone's care for a joy ride or living in their rental house without their permission while they are trying to lease it to someone.

      It is, in fact, fundamentally different because physical property and copyrighted information are completely different things.

    167. Re:I nominate... by Uberbah · · Score: 1

      The rational for repealing 17th Amendment make no sense. A senator elected to his state after 17th Amendment will represent his state every bit as much as one appointed by the state legislature. If a senator doesn't serve the interests of his state, he'll be voted out of office.

      Another reason the 17th Amendment was passed was the high amount of corruption involved in those state legislatures. Take the recent circus over Blagojevich's appointment of Obama's replacement and multiply it by a hundred political power plays.

      Finally, there is the problem of gerrymandering. Both parties have done it throughout history, the difference now is that there are computerized tools to maximize the number of seats. In Texas, for example, the party that got 56% of the vote gerrymandered the districts so they'd get 76% of the seats. With gerrymandered state legislatures selecting senators, their picks could be wildly different from the state's electorate.

    168. Re:I nominate... by ArsonSmith · · Score: 1

      Hollywood leaches off the governments regulation of copyright.
      Unions leach off the workers as much or more than any company they are suppose to protect the workers from, and produce nothing in return.
      Education leaches directly off the government for money.
      Art and entertainment you may have an argument for.
      Government social programs are set up to feed the leaches directly.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    169. Re:I nominate... by Uberbah · · Score: 1

      Unions leach off the workers as much or more than any company they are suppose to protect the workers from, and produce nothing in return.

      Yes, because for wingnuts, making do with 15% less compensation, less vacation time, no pension and crappy health care benefits is TOTALLY WORTH IT if it means you don't have to pay $1000 a year in union dues.

      You know, moronic elitism that goes against your own interests, like the rest of your post.

    170. Re:I nominate... by sumdumass · · Score: 1

      I've seen this thread concentrate on the specific act of listening to the meduim. However, this is not what is at stake here. Surely your not going to claim it is perfectly legal and fine to walk into walmart, open a cassette tape, dub it right there in the store and walk out with your copy without paying anyone are you?

      This is kind of important because you having a copy of the copyrighted work isn't the issue as much as the legal right to control access to copying and distribution. When you dub the tape from a copy you purchased and use your own equipment at home, it's within the fair use which is specific exemptions to the exclusive control over the copyrighted works. But when you go into walmart, you are doing the same as with the car, using their property that they have a legal right to control without their permission. When that legal right allows them to charge for access to the copying and distribution and you side step those, they have lost a profit. Again, this profit is over their control of an item in which the law give them that right of control, not any physical medium it may be fixated on.

    171. Re:I nominate... by sumdumass · · Score: 1

      I'm implying nothing. It's a _fact_ that physical property cannot be in different places simultaneously.

      And that's irrelevent because you also said they couldn't use it if it wasn't there. So if they weren't going to use it, then what. Well, you don't answer that which takes us away from the physical property and to the rights to control it. Otherwise, if they weren't going to use it, then no harm would have been done.

      There are still the issues of wear and tear, and risk of damage/loss, to deal with. Again, issues inherent to physical property.

      Those are ancillary and after the fact. Your not going to get wear and tear by thinking about stealing a car, your going to do it after the law was broken and the theft occurred. So instead of worrying about something after your illegally driving down the street, we need to focus on the control and legal right to that control. That is what makes stealing a car illegal and that is what makes a lost profit when someone assumes that control and gives it away without the owners permission.

      The two are inseparable. Without the law, copyright is meaningless because it is a wholly artificial and arbitrary construct.

      Yes, finally something we agree on.

      No, they have not.

      Why havn't they? I mean if the law give only me the right to copy and sell my new book, and you decide to do the same in violation of the law, why have I not suffered a loss in profit for every book I have the exclusive right to that you copy and sell or gave away? You possessing the book isn't what's exclusive to me, it's the copying and distribution that I have exclusive control over with a few exceptions. By the very nature of someone receiving a copy of the book from you instead of from me, I do not have my profit from that sale regardless of if you charged for it or not. It doesn't matter if the book is on paper, electronic bits, an MP3 of someone reading it or whatever, the construct of law makes the copying and distribution my legal right to control.

      Certainly I can, because "had we not sneaked in, we never would have went to the movies". You weren't going to pay me. Whether or not you see the movie does not change this fact.

      So then it's ok to sneak into the movies? Actually no it's not. Because the legal and lawful way to get into the movies was to pass through the admission gate and pay $5. The fact that they are there without doing so means they broke a law to deny you the profit. It doesn't matter if they weren't going to go if the had to pay, what matters is that they went and took advantage of the services you offered and have a legal right to control without paying. You lost a profit.

      It is, in fact, fundamentally different because physical property and copyrighted information are completely different things

      But the possession and control of them are not. You can have something as opposite as dogs and cats or cats and lawnmowers but the legal responsibilities and controls associated with them is the same. The law gives someone ownership of copyrighted materials and that ownership includes the sole right to determine when or how it is copies and distributed. That's the exact same fundamental control over any property regardless of whether its physical or not.

    172. Re:I nominate... by sumdumass · · Score: 1

      First of all, I need to appologise for the tone of my last reply. I was agrivated at some of the replies I was getting were people wanted to seem willfully clueless in order to maintain their points. Your post was just the one I took it out on. Hopefully This reply will be a little more civil and respectful.

      Yes, my right to my property is a construct of law, damn right it is. I acknowledge possession of this laptop because it exists on my lap. I acknowledge possession of the series of bits that make up an MP3 because it exists on my hard drive.

      I also acknowledge the RIAA affiliate label's possession of every copy of that song that they had in their inventory before I 'pirated' it, because all the CDs, tape reels, cassettes, digital copies used in editing, MP3s and AAC files meant for online distribution, short snippets for sale as ringtones, and whatever format those little fake-SD-card kids toys use, DO still exist in their possession, or in the possession of the stores and other distribution channels to which they were sold.

      Well, it's fundamentally deeper then that. You see, simple possession doesn't make something yours. It does go a long ways to prove it is yours but if I took your laptop from your lap and placed it on mine, that would not make it mine. So please see that we aren't talking about simple possession of something here. we are talking about legal rights of ownership here. If I did take your laptop and claim it was mine because of possession, you would have a legal right to show it was yours and that I had no authority to possess it and I could be charged for theft.

      With the RIAA and other Mafia organizations, possession isn't what is underlying the term of profit, it's the legal claim to it. Thinking about it in terms of physical possession only clouds the issue, you need to think about it in terms of the rights the law gives to you. In the case of your laptop, you have the right to control access to it. In the case of copyright, you have the right to control access by the control of the copying and distribution. When that right is taken from you and I copy your copyrighted work then distribute it, I have literally done the same as take your laptop without your permission and used it in a way you didn't approve of. Even if I gave it back to you, I have still violated your fundamental rights of ownership to it. If I took it and done something that you would normally charge for, then I have taken that profit from you. Even if I give the thing back before you notice it missing.

      Are we arguing property rights or copyright?

      Actually, we are playing with both in the areas in which they overlap. The copyright laws create an imaginary piece of property with the same rights as your laptop. They call this a right which is a little confusing so lets call it a widget instead. So the law take a work you created and invents this widget out of thin air. That widget gives you sole control over copying and distribution of your copyrighted works. When someone pirates a copyrighted work, they actually take that widget and use it for their own purposed in the same way they would your laptop. The actual copyrighted work is ancillary at this point because we are talking about a piece of property the law created because of your work. It really has nothing to do with your work other then it allows you to control aspects of it.

      As for the assumption that pirating means lost profit, that really only holds water in cases of for-profit piracy. If I'm selling bootleg DVDs, every sale I make is someone who was willing to spend money, proof being that they did spend money, to attain that DVD. Those are the only instances of piracy that one can, with any certainty, declare when calculating lost profit. Me downloading an MP3 for free? Would I have paid? Maybe (no, but I'll pay if I like it enough to listen more than a couple times).

      well, no.

    173. Re:I nominate... by ArsonSmith · · Score: 1

      Delusional viewpoints such as this are the reason these things get perpetuated well past their useful lifetime.

      "making do with 15% less compensation, less vacation time, no pension and crappy health care benefits" sure seems better than no compensation, 100% more vacation time, no pension and no healthcare at all as many are getting laid off because of these wages and benefits are set higher than market value. Other than being forced to by a union, why should I pay you $25 an hr when your unemployed neighbor would love to do the same job, as good or better, for $20 an hour.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    174. Re:I nominate... by BronsCon · · Score: 1

      I'm not going to go into a whole long post this time, simply because each time, I've replied to each point you've made, and each time, you've almost replied to each point I've made, except in this last post; here, you made much less of an attempt to veil the agenda you're pushing.

      This becomes increasingly clear in your response to my last paragraph, in which I highlight the difference between infringement which can definitely be counted as loss of profit and infringement which can possibly be counted as loss of profit. Your reply alluded to judgment of the legitimacy of piracy; either you have a severe comprehension problem, I wasn't clear enough, or you're getting a tad impatient with the fact that I'm not simply giving in and agreeing with you.

      That said, I buy CDs from time to time; I don't buy DVDs, but that's only because, between birthday, christmas, and random gift, I typically receive all the ones I want throughout the year. How do I determine which CDs and DVDs I want? I download them and listen. I delete what I don't want, and begin acquiring legit copies of what I decide I do want.

      Is my piracy still lost profit? I fail to see it.

      The only thing I download without paying for is TV shows, and that's purely a moral thing. When TV was all broadcast, it was paid for by advertisements; when the community antenna came along, everyone who contributed an antenna was granted access free of charge because it improved the system. That eventually became paid cable, which, because it was being paid for outright, did not include commercials, excepting the commercials already existing on the free-to-air channels. That system works for me. I'll pay a nice monthly fee for no commercials. So, what do I do? I pay for the channels the shows I want to see are on, but I download them to watch them commercial-free. Purely a moral standing against being constantly bombarded with ads for harsh chemical cleaners and chemically-enhanced corn-syrup-based pseudo-foods, to subsidize a service I'm already paying for.

      I still fail to see how I'm causing loss of profit for anyone, here. If I didn't download, I wouldn't be buying; there's your lost profit. If I'm not going to buy, I'm also not going to keep the download; the same as borrowing from the library, but I can do it at quarter-past-midnight if that's when it's convenient for me to do so. If it leads to more actual sales than would have happened otherwise, or at least no lost sales, where's the loss?

      Oops, I guess that was a long reply.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    175. Re:I nominate... by hanekhw · · Score: 1

      Like Judge Norstom in the Piratebay case being a member of a copyright organization and not disclosing it.

    176. Re:I nominate... by BronsCon · · Score: 1

      I'm pretty sure that opening the cassette tape with no intention of purchasing it would not only be morally questionable, as it reduces the value of the item, it may also be considered malicious destruction of property, for the very same reason. That's also ignoring the fact that the act of playing that cassette, in order to dub it, also degrades the original cassette.

      Beyond that, provided that Wal-Mart were willing to allow you to bring in your own equipment and open a cassette under the guise of preview, the personal copy you may make would likely be protected as fair use, provided that you did not further distribute it. So, yes, I guess I am going to claim that it's legal and fine to dub a cassette tape, provided the owner of that cassette (not the content, the physical cassette) has given you permission.

      That's right, personal copies, even of borrowed media, are protected by fair use.

      Now that I think of it...

      A modified BitTorrent client which only allows one user to "borrow" a chunk of a torrent at a time (even locking the owner of the physical disk from accessing it) may actually allow all such transactions to be protected as fair use. If I'm lending sole access to that chunk of disk to you, and you choose to make a (fair-use-protected) copy of it, I haven't violated any law; while you have access, I, nor anyone else, would have access.

      Would it be slower? Probably. Would it be protected? Probably. Would it be fought by the industry? Probably. Would they lose? Probably. Did you ignore my point? Probably. Did I go off-topic? Yup, sorry.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    177. Re:I nominate... by sumdumass · · Score: 1

      I'm pretty sure that opening the cassette tape with no intention of purchasing it would not only be morally questionable, as it reduces the value of the item, it may also be considered malicious destruction of property, for the very same reason. That's also ignoring the fact that the act of playing that cassette, in order to dub it, also degrades the original cassette.

      OK, suppose that someone else opened the tape and you saw it. As for wear and tear, your not really going to see any amount that can be counted with one use. The tape is designed to be played and to not wear out quickly when do so.

      Beyond that, provided that Wal-Mart were willing to allow you to bring in your own equipment and open a cassette under the guise of preview, the personal copy you may make would likely be protected as fair use, provided that you did not further distribute it. So, yes, I guess I am going to claim that it's legal and fine to dub a cassette tape, provided the owner of that cassette (not the content, the physical cassette) has given you permission.

      Well, now we are back to getting permission. I doubt the "personal copy" being made would be fair use, nothing gives you a right to the content on the cassette. Fair use is one of those exceptions to rights granted by law. It gives you a right to do something that has been reserved to the copyright holder by law. It's the only legal exception to the rights created by copyright and it assumes that your use is of content you already legally obtained.

      Perhaps you should read the copyright laws a little. You see, if walmart gives you a recording, or a copy of a recording, they have to give you all copies of that recording in which the copy was made. That supposed to go for your friend and neighbor too but it's never enforced. Walmart could agree to such a deal, you wouldn't have technically broken the law but walmart would have and a profit would have been lost.

      That's right, personal copies, even of borrowed media, are protected by fair use.

      Actually, not they are not. Fair use only applies if you have a legal right to the copyrighted works. Making unauthorized copies and distributing them does not create legal rights to it. If you made a personal copy of a CD you already obtained legally, then fair use would cover that provided you did not distribute it without transferring the original plus every other copy made from it in the same transaction.

      A modified BitTorrent client which only allows one user to "borrow" a chunk of a torrent at a time (even locking the owner of the physical disk from accessing it) may actually allow all such transactions to be protected as fair use. If I'm lending sole access to that chunk of disk to you, and you choose to make a (fair-use-protected) copy of it, I haven't violated any law; while you have access, I, nor anyone else, would have access.

      I pointed you to the laws, show me where you are getting this idea that copying your friends stuff is "fair use". It simply isn't so show me either in law or court case or legal opinion of a US government branch. And yes, I'm requiring that high of a level of proof because pointing to a forum for a legal opinion could carry about as much weight as "because I said so".

      I simply think you are confused on the meaning of fair use.

      Would it be slower? Probably. Would it be protected? Probably. Would it be fought by the industry? Probably. Would they lose? Probably. Did you ignore my point? Probably. Did I go off-topic? Yup, sorry.

      See above and show where fair use is perceived in the same way you are speaking of. It isn't, never has been in the 40 plus years I have been alive, and I think when you look to show it, your going to see that you mistook something.

    178. Re:I nominate... by sumdumass · · Score: 1

      This becomes increasingly clear in your response to my last paragraph, in which I highlight the difference between infringement which can definitely be counted as loss of profit and infringement which can possibly be counted as loss of profit. Your reply alluded to judgment of the legitimacy of piracy; either you have a severe comprehension problem, I wasn't clear enough, or you're getting a tad impatient with the fact that I'm not simply giving in and agreeing with you.

      Perhaps your just not being clear then. Because your last paragraph said you if you pirate something today, you might buy it legitimately some other day, and you may still buy the bootlegged version. Now when the law gives the copyright holder the exclusive control over copying and distribution, then any act that takes that away results in a lost profit regardless of who you eventually pay or not. You have or someone has in order for you to get the pirated or bootleged version, taken that right of control away from the copyright owner and used it for their own purposed. It doesn't matter what happens down the road, the legal right has been taken.

      That said, I buy CDs from time to time; I don't buy DVDs, but that's only because, between birthday, christmas, and random gift, I typically receive all the ones I want throughout the year. How do I determine which CDs and DVDs I want? I download them and listen. I delete what I don't want, and begin acquiring legit copies of what I decide I do want.

      You can attempt to justify your actions all you want. Actually, if your just downloading them, your not the breaking the law, the person who is distributing it is. And when that take the legal right that the copyright own has away in order to distribute the music to you, each copy they distribute is a lost profit. It's just that simple and no amount of you deleting or buying in the future will erase that. Surely you couldn't walk into a car lot at 3 am, take a car without permission, keep it a week, then not expect to be in trouble for theft when you go back and try to purchase it. The car lot has a legal right to control access to the car. And that right is before any wear and tear or possible damage or anything comes into the equation. So does the copyright owner.

      The only thing I download without paying for is TV shows, and that's purely a moral thing. When TV was all broadcast, it was paid for by advertisements; when the community antenna came along, everyone who contributed an antenna was granted access free of charge because it improved the system. That eventually became paid cable, which, because it was being paid for outright, did not include commercials, excepting the commercials already existing on the free-to-air channels. That system works for me. I'll pay a nice monthly fee for no commercials. So, what do I do? I pay for the channels the shows I want to see are on, but I download them to watch them commercial-free. Purely a moral standing against being constantly bombarded with ads for harsh chemical cleaners and chemically-enhanced corn-syrup-based pseudo-foods, to subsidize a service I'm already paying for.

      I think your conflating concepts here. Recording a broadcast for later viewing is fair use. Selling that broadcast or giving it away isn't. If the TV shows are offered online by the copyright holders, then your simply playing with fair use because the person who put it on the internet for you had permission. But if your access results from someone across the country recording the show and placing it someone that you can find, then that exclusive right is taken again and each distribution is a lost profit.

      I still fail to see how I'm causing loss of profit for anyone, here. If I didn't download, I wouldn't be buying; there's your lost profit. If I'm not going to buy, I'm also not going to keep the download; the same as borrowing from the library, but I can

    179. Re:I nominate... by sumdumass · · Score: 1

      According to the law, they have every right. They have exclusive control over the copying and distribution of their works.

      Where is it that your finding they have no right to impose fees?

      BTW, Libraries are specifically exempted by the laws. There are a few other specific exemptions to those exclusive rights too. Please don't conflate something specifically added to the laws giving the copyright owner control as an exemption with justification for something that doesn't reflect the law.

    180. Re:I nominate... by sumdumass · · Score: 1

      No we're not -- not since the gutting of the electoral college (i.e., states choosing electors by popular vote, instead of having the state legislatures pick them) and the 17th Amendment (direct election of U.S. Senators, who were also supposed to be picked by the state legislatures), anyway.

      I looked to make sure but could not find where the constitution ever required states to select electors in any means or procedure that wasn't always left to the state's legislature to decide.

      Before, the Federal government was accountable to the State governments, and therefore indirectly accountable to the citizenry though their state representatives. But with those changes, not only are the President and Senate less accountable to the citizenry (because everybody's votes are so diluted), but the balance of power is skewed way towards the Federal government, which severely restricts the self-determination of the individual States. For example, California can't legalize marijuana because even if they directed the local and state police to stop enforcing the prohibition, the (Federal) ATF and FBI would still be running roughshod over everybody. Similarly, Montana was forced to adopt speed limits, even though they were stupid and unnecessary, because the Feds would have withheld all the transportation funding if they didn't -- something they wouldn't be able to do if the State governments were stronger.

      Well, I don't think the federal government was ever supposed to be accountable to the people directly or indirectly in the same sense as is being asked for today. The constitution was originally a permissive document telling the federal government what it can do and what it must not do. It's scope was supposed to be a unified front in the matters of state and not directly impacting domestic policy outside a few specific situations. They shouldn't be involved in the drug laws, they shouldn't be involved in the rewarding people with welfare or health care or targeted tax cuts or even law enforcement in the states without the direct consent of the states.

      Originally, the federal government or their elected officials was supposed to be accountable to their position in which the states and the people of those states could guide. Perhaps what changed this the most is when they changed the way the president and vice president was elected with party line voted instead of each elector voting for two people and the one with the most becoming president while the second most became the vice president.

      The exception to my complaint on the feds involvement would be the post roads in which the feds are required to establish. I'm not sure withholding any funding from a state is constitutional unless it is to ensure a republic form of government in the state. Outside that, they have no real authority to do so if the constitution was limiting and permissive as originally designed.

      And yes, I'm just as disappointed as you.

    181. Re:I nominate... by BronsCon · · Score: 1

      Because your last paragraph said you if you pirate something today, you might buy it legitimately some other day, and you may still buy the bootlegged version.

      Oh, what brings me to my last point. Just because I pirate (download for free from an unlicensed source) today doesn't mean I won't purchase tomorrow. If I buy from a bootlegger today, though, you can be sure I won't be buying from you. That's how you determine lost profit; who obtained a copy elsewhere and will never pay us for it?

      No, that paragraphs says if I pirate, I may, eventually, buy from you; if I buy a bootleg, I will never buy from you. In the first instance, you may have lost profit, in the second, you have lost profit. Well, really, sales, noo profit; many things are sold at a loss (see: PS3) with the hopes of recouping that loss with accessory sales. For example, a label may choose to sell a new artist's CD for less than production/distribution/shelving costs in order to promote an upcoming concert tour.

      You have or someone has in order for you to get the pirated or bootleged version, taken that right of control away from the copyright owner and used it for their own purposed. It doesn't matter what happens down the road, the legal right has been taken.

      So, are we arguing lost profits or violated rights here? They're really two different subjects and you're purposefully confusing the issue by treating them as though they're one in the same.

      The actual content isn't the issue here. It's the rights to the content that is. When you down load something, someone has taken the rights given by law away from the copyright owner. The distribution, regardless of what you do with it later, equals a lost profit.

      Again, you're confusing the issue. Are we talking about lost profits due to piracy or violated rights due to privacy? Every time I point out that a pirate may eventually purchase, or may have never had the intention to purchase (first case, eventual profit; second case, no chance for profit) you bring up how it's taking away someone's right to distribute their work. Actually, that's also a fallacy; just because I'm distributing a copy of an MP3 doesn't preclude you from doing the same.

      Pick one argument and stick to it, for the same of ever having a chance to make me see things your way.

      Let's look at it this way. Suppose you go into a bank and take $2000 from one of the cash draws without filling out any paperwork or speaking to the teller. You robbed the bank. You can't walk in a week later and say "I want to deposit this $2000 and apply it to my withdraw last week" and expect the robbery charges to disappear. And yes, this is a "right of control" of property, the robbery exists before any loss of use or wear and tear on the money ever takes place. When that control of property is used to create a profit, any act you do or cause to be done that takes that right away is a loss of profit. There is no other way to look at it.

      I'll concede that, in this instance, you're absolutely right. The bank was completely missing that $2000 for a week. When I download an MP3 a week before purchasing the album, nobody had to go without that album. Care to try again, using a proper definition of robbery? (hint:larceny by threat of violence)

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    182. Re:I nominate... by BronsCon · · Score: 1

      OK, suppose that someone else opened the tape and you saw it.

      ...said in reply to...

      I'm pretty sure that opening the cassette tape with no intention of purchasing it would not only be morally questionable, as it reduces the value of the item, it may also be considered malicious destruction of property, for the very same reason. That's also ignoring the fact that the act of playing that cassette, in order to dub it, also degrades the original cassette.

      Did you even read what you replied to? Regardless whether I, or anyone else, sees it, it still degrades the resale value of the item, as it is now an open package and is no longer considered new; it also may be considered malicious destruction of property in some jurisdictions. Regardless of any amount of wear and tear that may or may not occur, the fact that the package is now open has caused a loss for the retailer.

      Walmart could agree to such a deal, you wouldn't have technically broken the law but walmart would have and a profit would have been lost.

      In my hypothetical situation, Wal Mart is allowing you to bring in your own equipment for the sole purpose of listening; that your equipment is capable of (and is) making a copy as you listen is inconsequential to them, as they did not expressly permit it.

      See above and show where fair use is perceived in the same way you are speaking of.

      You do the same and show me where it's defined at all. It's a legal defense, not a piece of legislation, which is why I said it may be protected; you also may get a judge who sides with the industry and lose your ass over it. That's the thing, right there, what is and is not considered fair use is left to the interpretation of every party involved, it's not simply spelled out in the law. You can't prove me wrong and I can't prove you wrong; which is why I said 'may be protected' rather than 'is protected'. It depends how the judge sees it.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    183. Re:I nominate... by sumdumass · · Score: 1

      No, that paragraphs says if I pirate, I may, eventually, buy from you; if I buy a bootleg, I will never buy from you. In the first instance, you may have lost profit, in the second, you have lost profit. Well, really, sales, noo profit; many things are sold at a loss (see: PS3) with the hopes of recouping that loss with accessory sales. For example, a label may choose to sell a new artist's CD for less than production/distribution/shelving costs in order to promote an upcoming concert tour.

      What you missing is that it you are still not buying anything from me. If I control the copying and distribution rights, then I charge someone else to do that. It not like I would have a CD press and a billion dollar distribution chain just because I had a one hit wonder. Sometimes those people have the copyright, sometimes they have just distribution rights. So it doesn't matter at all if you pay a bootleger or buy it from a legitimate source, someone took a legal right that was being used to profit and used it for their own purposes without any right to do so. It's a lost profit no matter how you look at it. You possesion or guilty conscious doesn't even come into it at this stage.

      So, are we arguing lost profits or violated rights here? They're really two different subjects and you're purposefully confusing the issue by treating them as though they're one in the same.

      Both. Because the specific way the right was violated is also the specific way the profit is made. That's the point with the rental car, the drive in theater, going to walmart and dubbing tapes, it's all the same because the way the right was violated is also the way they make their profit. When you or anyone else violate that right and do the same as they are for profit, it doesn't matter if you delete the crap, eventually purchase it, or shove it where the sun don't shine, they have lost on the profit of whoever violated their right by doing the act that they profit from illegally.

      And no, it's not confusing the situation, it inseparable because the copyright law gives someone a specific right that they can then use to profit. The law say only you can do something. If you are making a profit from doing that, and I violate the law and do it too, You are losing a profit because of what I did, not some future user who might go back and buy from you or erase the content.

      Again, you're confusing the issue. Are we talking about lost profits due to piracy or violated rights due to privacy? Every time I point out that a pirate may eventually purchase, or may have never had the intention to purchase (first case, eventual profit; second case, no chance for profit) you bring up how it's taking away someone's right to distribute their work. Actually, that's also a fallacy; just because I'm distributing a copy of an MP3 doesn't preclude you from doing the same.

      Pick one argument and stick to it, for the same of ever having a chance to make me see things your way.

      No, I'm not confusing the issue. Your going completely out of your way to avoid the issue. The profit is made solely because of the right. When the right disappears so does the damn profit. The act of someone taking the right and performing the same act that made the profit without consent, there is profit lost to the copyright holder regardless of commercial intent, or some future act to clear a conscious.

      And whether or not a pirate may eventually purchase the material is completely irrelevant. The profit model was on a copy and distribution being made. In order for the pirate to make even by purchasing the real content in the future, he would have to pay twice to cover two copies and distributions. The law gives the copyright holder the sole right to that and it's that sole right in which enables the profit. Otherwise the profit would be in the book or the CD or whatever, but as we know, they have rights and profit without an

    184. Re:I nominate... by sumdumass · · Score: 1

      Did you even read what you replied to? Regardless whether I, or anyone else, sees it, it still degrades the resale value of the item, as it is now an open package and is no longer considered new; it also may be considered malicious destruction of property in some jurisdictions. Regardless of any amount of wear and tear that may or may not occur, the fact that the package is now open has caused a loss for the retailer.

      I think your parse engine is broken. If someone else caused the damage and the loss is already existent, your still not allowed to use it in that way. This goes beyond any loss in value or wear and tear.

      In my hypothetical situation, Wal Mart is allowing you to bring in your own equipment for the sole purpose of listening; that your equipment is capable of (and is) making a copy as you listen is inconsequential to them, as they did not expressly permit it.

      You see, walmart isn't the copyright holder and walmart isn't the entity with exclusive control over copying and distribution. It they ok'ed this without the consent of the copyright holder, they are breaking the law and denying the copyright holder the profit.

      Don't confuse yourself with the superficial that you come into contact with. Think about the entire mechanics of copyright, what the law provides and maybe then you will see what is right in front of you.

      You do the same and show me where it's defined at all. It's a legal defense, not a piece of legislation, which is why I said it may be protected; you also may get a judge who sides with the industry and lose your ass over it. That's the thing, right there, what is and is not considered fair use is left to the interpretation of every party involved, it's not simply spelled out in the law. You can't prove me wrong and I can't prove you wrong; which is why I said 'may be protected' rather than 'is protected'. It depends how the judge sees it.

      Wow.. Just Wow.... If you would have bothered to look, you will find that it is defined by law. You will also find that the first sale doctrine provides certain rights or exclusions outside of fair use too. But none of what you claimed is in either.

      Fair use is a concept in which exclusions are allowed for specific reasons. The tests applied are defined by law and are specifically to see if the exclusion exist because of the specific reason or if the exclusion is missing because it only appears to be of a specific reason. When you speak to lawyers and not some joke in a chat room, you will find out exactly what your rights to fair use are before you attempt to use something. The cases your seeing in court are where people don't know the law, post something, and then try to defend themselves with fair use. Sometimes, they are right, most of the time, they are wrong. Take Larry Flint in Hustler V Falwell. He consulted his lawyers and saw exactly what he needed to do, and when Falwell took him to court, Hustler won.

    185. Re:I nominate... by BronsCon · · Score: 1

      Flat out, plain and simple, if I buy it, you made profit, if I do not buy it, you did not make profit. you maintain the right to make a copy, regardless whether I make one as well, or not. My copying does not make your right to copy suddenly disappear. Further, equating the right to copy with some magical instant profit is a fallacy.

      If I have no money whatsoever and I download an MP3, I was clearly not going to pay for it, there was no chance for profit, thus there was no profit lost. If I, subsequently, purchase the album, there was profit gained; if I do not, there was still no profit lost, as there still would have been no sale, thus no profit, at the time of the download.

      You're letting your morals dictate your logic. That's where you're wrong.

      Do I agree with you morally? There's a fair chance that I do; tell me if you're morally averse to downloading music pre-purchase, with the intent to purchase at a later date, and we'll know for sure.

      Logically, though, you're not making any sense. You're using the same logic that allowed the financial industry to trade on nonexistent funds, leading to our current economic situation; sadly, the recording industry is also following that same logic, which will, eventually, lead to their collapse.

      When you separate your feelings about an issue from the logical facts of the issue, you look at it differently. The only reason I've gone on with you for this long about this is that I can see things from your point of view, when I start feeling my logic rather than thinking about it. As my bro-in-law is a musician, this is a debate I've had many times and heard from many points of view.

      In the end, even the musician in the family agrees with me on the facts and logic. And I wholeheartedly agree with him on the moral issues.

      I've downloaded his entire catalog several times over (only part of it is available from his website). I've also bought the entire catalog. IT works out the same; the downloads don't cost him a penny (ironically, the legal ones, hosted on his site do), and his sales aren't affected. He fully supported my downloading because he knew, at that time, I couldn't afford the CD. As soon as I could, I bought it.

      Did he lose profit to me? Explain.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    186. Re:I nominate... by BronsCon · · Score: 1

      I think your parse engine is broken. If someone else caused the damage and the loss is already existent, your still not allowed to use it in that way. This goes beyond any loss in value or wear and tear.

      Did I say I was going to use it because it was opened? NO!

      I said opening it caused damage. I was agreeing with you. Read it again.

      Where I disagree with you is when you apply the same logic to copying a digital file. I didn't break a package open, I didn't degrade the value of the original file, the original file is just as it was before being copied.

      Provided I'm not distributing it further, you'll find that I'm actually quite within my rights; it is whoever distributed that copy to me who is in violation.

      Speaking to the purpose and character of the use, my personal, non-commercial, copy is protected. Under our legal system, you either violate or you don't violate; there is no "well, you had a gun, it was loaded, she was shot, you're guilty even though the bullet came from someone else's gun". That's simply not how it works. If you, in turn, tell me that copying failing just a single test is a violation, I'll have to point out that educational copying of entire works has been, and is, protected, even though it fails test 3; it passes test 1 and will often pass tests 2 and 4.

      Further, my having made a personal copy, in order to evaluate a purchase decision, would seem to increase market value (should I choose to purchase) or not affect it at all (should I not choose to purchase), provided that I do not distribute copies myself. That takes care of test 4; passed.

      Look at that, my personal copy passes twice as many of those tests as most educational copies.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    187. Re:I nominate... by mrchaotica · · Score: 1

      I looked to make sure but could not find where the constitution ever required states to select electors in any means or procedure that wasn't always left to the state's legislature to decide.

      Well, that in itself would give the States relatively more power too! The gist of my argument was that the States were supposed to be in control of choosing electors; pointing out that they can additionally decide how to implement that control (rather than having a particular procedure forced upon them) only reinforces the idea.

      On the other hand, it also raises the question of why the state governments were so stupid that they gave that power up (note: to the Federal government, not the People) by instituting popular votes...

      Originally, the federal government or their elected officials was supposed to be accountable to their position in which the states and the people of those states could guide. Perhaps what changed this the most is when they changed the way the president and vice president was elected with party line voted instead of each elector voting for two people and the one with the most becoming president while the second most became the vice president.

      That's an interesting theory, and it suggests that I ought to add the 12th Amendment to my list, up there with the 17th. However, that change happened way back in 1800, and the shift in the balance of power didn't really get going until after the Civil War. Besides, party line voting has been there from essentially the beginning (i.e., every President except Washington).

      In my opinion, the progressive decline of Federalism has several key events:

      1. Two-party politics (~1796 -- or essentially, always) & the 12th Amendment (1800)
      2. Civil War (leading up to 1865), in which the South destroyed States' Rights by insisting on conflating them with slavery (when really, slavery should have been abolished simply because of its offensiveness to human rights; states' rights needn't to have had anything to do with it).
      3. The 16th Amendment (1913), which allowed the Federal government to collect income tax
      4. The 17th Amendment (1913), which removed the states' legislatures' power to select Senators
      5. The New Deal (1933-38), which greatly expanded the power of the Federal government to regulate the economy and created things like Social Security and the FHA (along with several other things which infringed upon Federalism so egregiously that they were ruled unconstitutional)

      There are also others, such as they myriad expansions of the Interstate Commerce and Elastic Clauses over the years, but after the New Deal Federalism was essentially dead and buried anyway, so I won't bother listing them.

      --

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

    188. Re:I nominate... by drsmithy · · Score: 1

      Those are ancillary and after the fact. Your not going to get wear and tear by thinking about stealing a car, your going to do it after the law was broken and the theft occurred. So instead of worrying about something after your illegally driving down the street, we need to focus on the control and legal right to that control. That is what makes stealing a car illegal and that is what makes a lost profit when someone assumes that control and gives it away without the owners permission.

      No. The law is not a justification unto itself. There's a reason theft is illegal, and it's not to do with hand-waving about "control rights", it's because physical property has fundamental scarcity, and if someone takes your physical property, you are deprived of its use while others have it. In addition it can be damaged, stolen, destroyed or otherwise rendered unusable while you do not have it, meaning you have suffered genuine, measurable and tangible loss.

      None of these things apply to copyrighted material.

      Yes, finally something we agree on.

      Further, this is why the focus must be on the copyrighted material itself. The purpose of copyright is to apply arbitrary and artificial limitations on how copyrighted material can be distributed, so that it has some sort of scarcity and therefore can be treated in a similar fashion to physical property.

      Back in the olden days, when copying and redistribution were relatively difficult and expensive, this mostly worked because each copy was, for all intents and purposes, a genuine piece of physical property (book, record, tape, etc). These days, however, when copying and redistribution facilities are ubiquitous and essentially free, the idea that copyrighted material can be treated like physical property is being graphically demonstrated as broken.

      Why havn't they?

      Because they may not have bought it otherwise. If you were never going to make a sale, you have suffered no loss of profit by someone making a copy.

      To put it into a (somewhat tortured) analogy you will (hopefully) understand, what you are saying is like arguing that every person who wanders into a shop but doesn't buy something, represents lost profit.

      I mean if the law give only me the right to copy and sell my new book, and you decide to do the same in violation of the law, why have I not suffered a loss in profit for every book I have the exclusive right to that you copy and sell or gave away?

      Because those people may never have bought the book from you in the first place.

      You possessing the book isn't what's exclusive to me, it's the copying and distribution that I have exclusive control over with a few exceptions. By the very nature of someone receiving a copy of the book from you instead of from me, I do not have my profit from that sale regardless of if you charged for it or not. It doesn't matter if the book is on paper, electronic bits, an MP3 of someone reading it or whatever, the construct of law makes the copying and distribution my legal right to control.

      Copyright does not grant you a right to profit. You are assuming (and arguing) that it does.

      So then it's ok to sneak into the movies?

      No. I never said trespassing was ok, I said you seeing a movie you were never going to pay for doesn't represent lost profit.

      Please stop trying to conflate morality ("X is ok") with legality ("X is legal").

      It doesn't matter if they weren't going to go if the had to pay, what matters is that they went and took advantage of the services you offered and have a legal right to control without paying. You lost a profit.

      No, I did not. By your own definition, there was never any profit to be had because you were never going to pay. I didn't lose anything because I would never have made it in the first place. If you are still having trouble with this concept, please refer to the analogy further up.

      But the possession and control of them are

    189. Re:I nominate... by sumdumass · · Score: 1

      Did I say I was going to use it because it was opened? NO!

      I said opening it caused damage. I was agreeing with you. Read it again.

      Where I disagree with you is when you apply the same logic to copying a digital file. I didn't break a package open, I didn't degrade the value of the original file, the original file is just as it was before being copied.

      And I'm saying that you can create the same exact scenario as would exist with an MP3 file at walmart and it's still not legal. That's because the physical medium is not what is at stake here, it's the control of property and the right to sell it. When you walk into walmart or some download site or wherever, your obtaining a copy in the same ways.

      Speaking to the purpose and character of the use, my personal, non-commercial, copy is protected. Under our legal system, you either violate or you don't violate; there is no "well, you had a gun, it was loaded, she was shot, you're guilty even though the bullet came from someone else's gun". That's simply not how it works. If you, in turn, tell me that copying failing just a single test is a violation, I'll have to point out that educational copying of entire works has been, and is, protected, even though it fails test 3; it passes test 1 and will often pass tests 2 and 4.

      Lol.. Have you even bothered reading the laws I pointed you to? For fucks sake, education is one of the specifically exemptions to the exclusive control. You can't sit there and lay claim to something that it not listed being legal by referring to something that is listed. That's like saying you can drive any car at any time because you have a drivers license that permits you to drive your own car.

      And yes, in our legal system, if someone is shot in the commission of a crime that you were part of, you can be charged for her murder or wounding regardless of if you had a gun or not.

      Further, my having made a personal copy, in order to evaluate a purchase decision, would seem to increase market value (should I choose to purchase) or not affect it at all (should I not choose to purchase), provided that I do not distribute copies myself. That takes care of test 4; passed.

      You just don't get it do you? You have no legal right to make a copy for personal use or not before you purchase the title unless the copyright owner gives you permission. It's simply not your choice or decision to make and the law gives the copyright holder the exclusive control over it, not you. The copyright owner then sells the right to copy and distribute the protected work and when you make a copy outside of those limited sets of exclusions (and yes, your suggested usage is well outside), you are denying them profit. It's no different then walking into walmart finding an open take, copying it and walking out without making a purchase.

    190. Re:I nominate... by BronsCon · · Score: 1

      Have you even bothered reading the laws I pointed you to? For fucks sake, education is one of the specifically exemptions to the exclusive control.

      Yes, I have, and yes, education is a specifically listed exemption, in a short list beginning with the phrase "the purpose and character of the use", to which I spoke, and the word "including", which implies an incomplete list.

      And yes, in our legal system, if someone is shot in the commission of a crime that you were part of, you can be charged for her murder or wounding regardless of if you had a gun or not.

      Did I say I was part of the crime being committed? Maybe I was just walking down the street, with my legal, licensed, weapon, for which I also have a concealed carry permit, when someone else shot somebody. Who said anything about being involved?

      (and yes, your suggested usage is well outside)

      You still haven't proven that.

      Something that I've been trying to leave out of this, but now see that I may have to bring up is DRM. Let's say I do buy a CD and wish to convert it to MP3s; ok, problem, that disc contains DRM that prevents that by altering the way my computer operates. By legal precedent, format shifting has been declared well within my rights. Are you saying that their right (which I've many times over admitted is violated by downloading, so you can quit pointing it out, by the way) shouldn't be fair game after they've violated mine? Because, I'll tell you what, the reason I download first is so that CD never has to enter my computer to be copied, so I don't run the risk of falling victim to the next Sony root-kit.

      Back to my scenario: I've purchased a CD, I can't copy it because of DRM. I could crack the DRM to copy it, but that would be a violation of the DMCA. I'm stuck, I have a legal right to format shift this CD, but no legal means by which to do so. What do I do? I download; it's a civil infraction, rather than a felony, and I have the plausible defense that I was carrying out the only non-criminal means to exercise my right to format shift purchased media.

      Are you telling me it's alright for them to violate my rights? Seriously? Because that would make you a hypocrite. Or should I claim lost profit because I'm legally entitled to make MP3s of that CD but they're preventing that. It sounds pretty even to me, regardless of the order in which the download and purchase are made.

      I also notice that you didn't reply to the post in which I attempt to separate your morality from logic and the facts of the situation. I would really love to hear your thoughts on that matter.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    191. Re:I nominate... by sumdumass · · Score: 1

      Yes, I have, and yes, education is a specifically listed exemption, in a short list beginning with the phrase "the purpose and character of the use", to which I spoke, and the word "including", which implies an incomplete list.

      Are you sure? because your usage was to claim that something not listed was fair use because of something specifically listed.

      Did I say I was part of the crime being committed? Maybe I was just walking down the street, with my legal, licensed, weapon, for which I also have a concealed carry permit, when someone else shot somebody. Who said anything about being involved?

      Here is exactly your problem. You attempt to use an analogy that doesn't fit the argument your making. Of course you would have to of been part of the crime if your going to compare someone's shooting with someone's illegally copying and distributing a copyright protected work. IF your not going to at minimum, keep the relevance similar, then you might as well say the sky is blue and no one can ever change you mind as a comparison to it.

      You still haven't proven that.

      I don't have to prove anything. The law is specifically permission and requires you to prove your case when it isn't something specifically listed. In other words, you have to show that your use is within the law. You cannot do that when you actually look at the requirements of the law.

      Something that I've been trying to leave out of this, but now see that I may have to bring up is DRM. Let's say I do buy a CD and wish to convert it to MP3s; ok, problem, that disc contains DRM that prevents that by altering the way my computer operates. By legal precedent, format shifting has been declared well within my rights. Are you saying that their right (which I've many times over admitted is violated by downloading, so you can quit pointing it out, by the way) shouldn't be fair game after they've violated mine? Because, I'll tell you what, the reason I download first is so that CD never has to enter my computer to be copied, so I don't run the risk of falling victim to the next Sony root-kit.

      Fuck dude, this has nothing to do with DRM or anything. Don't attempt to change the subject. The copyright owner has specific legal rights that restrict you and I from doing something which allows them to profit. When that is done against or without their consent, it is a loss in profit to the copyright owner. If format shifting a copy of something you own and was distributed with the consent of the copyright owner is within your rights legally, then it is not a specific exclusive right given to the fucking copyright owner by copyright law. DRM doesn't even matter in this discussion.

      Back to my scenario: I've purchased a CD, I can't copy it because of DRM. I could crack the DRM to copy it, but that would be a violation of the DMCA. I'm stuck, I have a legal right to format shift this CD, but no legal means by which to do so. What do I do? I download; it's a civil infraction, rather than a felony, and I have the plausible defense that I was carrying out the only non-criminal means to exercise my right to format shift purchased media.

      Who cares, it's totally irrelevant in this topic. Anyways, you need to reexamine the laws on DRM. Cracking it yourself for your own personal use is not illegal when you have a legitimate right to the content.

      Are you telling me it's alright for them to violate my rights? Seriously? Because that would make you a hypocrite. Or should I claim lost profit because I'm legally entitled to make MP3s of that CD but they're preventing that. It sounds pretty even to me, regardless of the order in which the download and purchase are made.

      What the fuck does your rights being violated have to do with a specific situation about exclusiv

    192. Re:I nominate... by Uberbah · · Score: 1

      Ignoring hard facts and reality is why conservative crap gets perpetuated well past their useful lifetime.

      Fixed that for you. If you're a business owner, opposing unions is in your interest because you might not be able to make 500 times as much as your average worker. But if you're not a business owner, opposing unions makes as much sense as an 18 year old being drafted into Vietnam WHILE wanting the voting age to stay at 21. It makes no damned sense whatsoever.

      sure seems better than no compensation, 100% more vacation time, no pension and no healthcare at all as many are getting laid off because of these wages and benefits are set higher than market value. Other than being forced to by a union, why should I pay you $25 an hr when your unemployed neighbor would love to do the same job, as good or better, for $20 an hour.

      Not having a union makes for more layoffs because then management pays no price for laying off your dumb ass.

    193. Re:I nominate... by BronsCon · · Score: 1

      I'm tired of restating the same thing in different ways in order to get you to understand what I'm saying. I've had several other people read this discussion and all of them were able to explain what I meant just fine; the problem is your comprehension, not my explanation.

      That said, I think we're gonna have to agree to disagree on a few points; it seems the only place where we agree is that the laws need to change and that there are moral issues regarding violating the current laws. That's fine, this life would be boring if everyone agreed on everything.

      DRM is very much a part of this discussion, especially when inserting a DRM protected disc into my computer can result in that disc installing software that restricts my use of my hardware, in ways entirely unrelated to that disc, without my consent, and often without my knowledge. Do you remember the Sony root-kit debacle? That software completely disabled CD-ROM drives in a lot of computers, along with the numerous other problems it caused for those who were unlucky enough to have fallen victim to it. It didn't prompt to install, it didn't notify you that it was installed, there was no mention of it anywhere on the package, the disc, or the booklet included with the disc, it just installed and devastated many PCs. Simply avoiding this risk would most certainly be protected; that's what makes it relevant.

      That said, I also have a life outside of slashdot, and this will be the last post I make in this thread.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    194. Re:I nominate... by thtrgremlin · · Score: 1

      and we still have major issues with politicians trying to redraw district lines, but you make a very good / valid point. I'll have to look into that further. Thanks.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    195. Re:I nominate... by sumdumass · · Score: 1

      No. The law is not a justification unto itself. There's a reason theft is illegal, and it's not to do with hand-waving about "control rights", it's because physical property has fundamental scarcity, and if someone takes your physical property, you are deprived of its use while others have it. In addition it can be damaged, stolen, destroyed or otherwise rendered unusable while you do not have it, meaning you have suffered genuine, measurable and tangible loss.

      None of these things apply to copyrighted material.

      The law is cause unto itself and thereby justification. You can argue that you don't like the law or that it needs changed, but until it is different, then the exclusive rights to copying and distribution is defined by law. As in all the other examples, If I could remove all the wear and tear, all the potential for things that never happened, and return the property before you would ever want to use it, it's still theft. More importantly, it's still against the law to take your property rights. And that is exactly what is happening when someone makes a copy and distributes it without the copyright owners permission/consent.

      Further, this is why the focus must be on the copyrighted material itself. The purpose of copyright is to apply arbitrary and artificial limitations on how copyrighted material can be distributed, so that it has some sort of scarcity and therefore can be treated in a similar fashion to physical property.

      Back in the olden days, when copying and redistribution were relatively difficult and expensive, this mostly worked because each copy was, for all intents and purposes, a genuine piece of physical property (book, record, tape, etc). These days, however, when copying and redistribution facilities are ubiquitous and essentially free, the idea that copyrighted material can be treated like physical property is being graphically demonstrated as broken.

      Wow, you seem to get it but then fail to see that when that artificial scarcity is removed by someone ignoring the law, the model breaks. Now, suppose you hire an accountant, can you not pay him or her for services rendered? The accountant used your facilities, your computer, your books, your paper and provided nothing but their knowledge. Is their time and expertise their property or not? It's their right to trade it for money, your idea of nothing tangible being present breaks on this because it's all yours to begin with except for the mind of the accountant. They have a right to trade their knowledge for profit. The same right is created by copyright despite how much it would cost you to copy something.

      Because they may not have bought it otherwise. If you were never going to make a sale, you have suffered no loss of profit by someone making a copy.

      To put it into a (somewhat tortured) analogy you will (hopefully) understand, what you are saying is like arguing that every person who wanders into a shop but doesn't buy something, represents lost profit.

      What they may have no done in the future is ancillary to what has already taken place. When the law says you have exclusive control over the copying and distribution of something, regardless of anyone's intent, when it happens it is a lost profit. Copyright doesn't give you a right to sell something and make a profit. It gives you the right of control that can be sold for a profit. We are not looking at the sale for profit, we are looking at the control for profit.

      Because those people may never have bought the book from you in the first place.

      But they, or someone who gave it to them, has taken my exclusive control over the copying and distribution which I use to make a profit and assumed it for themselves for their own purposes. My ability to profit was taken when that act occurred independent of if they were going to buy it or no

    196. Re:I nominate... by sumdumass · · Score: 1

      Flat out, plain and simple, if I buy it, you made profit, if I do not buy it, you did not make profit. you maintain the right to make a copy, regardless whether I make one as well, or not. My copying does not make your right to copy suddenly disappear. Further, equating the right to copy with some magical instant profit is a fallacy.

      But you did buy it. You purchased something created from it. I made a profit when something was copied and distributed when you purchased it but not when you pirated it. This means out of two copies and two distributions, only one was paid for, the other is a lost profit.

      Copyright grants the exclusive control over copying and distributing something, it doesn't stop you from buying anything.

      If I have no money whatsoever and I download an MP3, I was clearly not going to pay for it, there was no chance for profit, thus there was no profit lost. If I, subsequently, purchase the album, there was profit gained; if I do not, there was still no profit lost, as there still would have been no sale, thus no profit, at the time of the download.

      It doesn't matter, I am entitled to a profit when I have exclusive control over copying and distributing. When someone does that without paying, I have lost a profit regardless of your intent or abilities.

      You're letting your morals dictate your logic. That's where you're wrong.

      No, I'm examining the mechanics of the law and the logic that follows. You on the other hand, are refusing to see that when X has a fee associated with it, and X happens without the fee being paid, a profit on X is lost.

      Do I agree with you morally? There's a fair chance that I do; tell me if you're morally averse to downloading music pre-purchase, with the intent to purchase at a later date, and we'll know for sure.

      Morals don't come into this at all. I personally don't care about downloading at all. But I'm not neive enough to not recognize that when X has a fee associated to it because a right of law created exclusive control and that control is violated, a profit is lost when that fee isn't rendered. There is simply no other way to look at it.

      Logically, though, you're not making any sense. You're using the same logic that allowed the financial industry to trade on nonexistent funds, leading to our current economic situation; sadly, the recording industry is also following that same logic, which will, eventually, lead to their collapse.

      Lol.. Your one of those. Ok, I know my intelligence is wasted now. First, the funds were not non-existent. They were devalued when the contents of the packaged defaulted. That is a mechanic of the type of trade that was happening and a condition created by improper government regulation.

      When you separate your feelings about an issue from the logical facts of the issue, you look at it differently. The only reason I've gone on with you for this long about this is that I can see things from your point of view, when I start feeling my logic rather than thinking about it. As my bro-in-law is a musician, this is a debate I've had many times and heard from many points of view.

      Why don't you try that yourself? I mean seriously, outline exactly how copyright works and you will see the logic that your missing. Here, I will help you. You create a work, it becomes copyrighted, the copyright law creates a right to exclusive control over copying and distributing. From that exclusive control, you are able to sell rights to copy the work and distribute it. You or some other entity purchase the right to copy and distribute or use your own to make copies and distribute it. Hopefully, someone else see the value in it and purchases it from them. When you download something (Pirate) someone is side stepping your exclusive cont

    197. Re:I nominate... by sumdumass · · Score: 1

      I'm tired of restating the same thing in different ways in order to get you to understand what I'm saying. I've had several other people read this discussion and all of them were able to explain what I meant just fine; the problem is your comprehension, not my explanation.

      That said, I think we're gonna have to agree to disagree on a few points; it seems the only place where we agree is that the laws need to change and that there are moral issues regarding violating the current laws. That's fine, this life would be boring if everyone agreed on everything.

      Actually, the problem is on your insistence to look around the point but never at it. Your discussion/inclusion about the DRM just proves this point. But make no mistakes, morals are not part of this discussion. This discussion is entirely over the mechanics of copyright, what the law provides (rights and controls), what piracy subverts (rights and controls), and how that subversion means a lost profit. The amount of profit or type of profit isn't even on the table either.

      DRM is very much a part of this discussion, especially when inserting a DRM protected disc into my computer can result in that disc installing software that restricts my use of my hardware, in ways entirely unrelated to that disc, without my consent, and often without my knowledge. Do you remember the Sony root-kit debacle? That software completely disabled CD-ROM drives in a lot of computers, along with the numerous other problems it caused for those who were unlucky enough to have fallen victim to it. It didn't prompt to install, it didn't notify you that it was installed, there was no mention of it anywhere on the package, the disc, or the booklet included with the disc, it just installed and devastated many PCs. Simply avoiding this risk would most certainly be protected; that's what makes it relevant.

      DRM is an entirely different topic altogether. We are not talking about your rights as a consumer or through fair use. We are specifically talking about rights and control provided by a law covering copyright and how subverting it means a lost profit. It's something like 10 steps before the sony root kit or any DRM comes into play.

      That said, I also have a life outside of slashdot, and this will be the last post I make in this thread.

      I'm glad you also have a life outside of slashdot. However, I think you need to understand the point of this. Think about the mechanics of copyright, how it is applied by law and what it infers to the copyright owner. Follow the logic of how the law creates an scarcity to the covered material and how subverting that against or without the consent of the copyright owner creates a loss of control and a loss of profit. Keep your feelings out of it, keep your morals out of it, keep DRM out of it. Just look at what is there and follow the logic from the very state to finish, then apply your piracy. If you still can't get it, then it's probably going to be like a lot of others things you will never get.

    198. Re:I nominate... by ArsonSmith · · Score: 1

      "Not having a union makes for more layoffs because then management pays no price for laying off your dumb ass."

      Are you saying you actually believe this?

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    199. Re:I nominate... by BronsCon · · Score: 1

      Ok, I misspoke when I said my previous reply would be my last.

      Despite trying, and trying again, I still can't bring myself to see it your way. Perhaps it's that we simply define profit differently and, for our individual definitions of profit, our individual logical paths work out.

      Also, in spite of the demeaning tones we have taken with each other at various times throughout this argument, we have always returned to civility by the end of each post.

      That said, I'll lay my point of view on the line and that will be that; forget everything else.

      When one copies with no intent to purchase, I fail to see how any loss is created. It is nothing like when one steals a car with no intent to purchase; the car is still in the garage, and you can still use, or sell, the car.

      When one copies, who previously had intent to purchase, I fully agree that loss has occurred. There's no doubt in my mind that, by getting, for free, something that one would have ordinarily paid for, they have deprived someone of funds or property, which they ordinarily would have received.

      When the above occurs, and said subject concurrently makes a purchase, I believe that the effect is two-fold; negating the original loss, and generating direct profit. Even I had to rethink that a couple of times before finishing typing it; I fully understand is someone does not see it that way. Though, at the very least, it would negate the prior loss.

      When one copies, with the intent to form intent to purchase, I would agree that loss is generated if the subject determines that they are interested in purchasing. Likewise, when such purchase is made, I maintain that any such loss would be negated. Whether such a subject would generate loss upon determining that they would not be interested in purchasing is somewhat of a gray area for me. On one hand, I'm inclined to lump them in with the no-intent copiers; on the other hand, there's an inkling of intent to purchase directing these subjects. In my mind, this category of copiers is a wash; statistically, they're likely to generate as much loss as they do profit.

      One who purchases from a bootlegger, or purchases counterfeit goods, has generated profit for the bootlegger or counterfeiter, but has neither generated profit or loss for the rights holder. In these instances, it is the bootlegger or counterfeiter who has generated loss for the rights holder.

      That's how I see it, plain and simple.

      I have seen (not purchased) many bootlegs and counterfeits, the packaging and outward appearance of which were indistinguishable from the original. In these instances, it was only a combination of the questionable location of the shop and the questionable nature of some other merchandise in the shop which led me to inquire as to the authenticity of the media. In each of these such cases, I was informed that the seller "could not confirm the authenticity of the product" but did not "want to remove it from the shelf, due to the possibility of legal repercussions if the product is legitimate". A bullshit line if I ever heard one. One retailer even went so far as to play a DVD for me, to prove its authenticity; when I saw the distribution team's logo in the menu into, I walked out.

      I do download, in order to determine whether I want to purchase an album or a single track. I do acknowledge that, from the time I determine that I will be purchasing, up to the time that I make the purchase, I have caused a loss; an imaginary one, but a loss, nonetheless. As stated above, and for the reasons stated above, I'm undecided as to whether I cause any loss in the instances in which I decide not to purchase.

      I'm certainly not claiming that unauthorized copying never leads to lost profits. Obviously, that would be a flawed statement; though, no more flawed than claims that unauthorized copying always leads to lost profits. Copyright law simply isn't that absolute, and fair use is (even if slightly) broader than the examples spelled out in the legislation.

      Though my tone and d

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    200. Re:I nominate... by BronsCon · · Score: 1

      My post in the other discussion sums up my views on copying, so I won't touch on that here. Instead, I'll risk going off-topic a bit here and, perhaps enlightening you as to our real economic situation. I'm always open to being shown how I'm wrong about this particular subject, and would actually find great comfort in it.

      You're using the same logic that allowed the financial industry to trade on nonexistent funds, leading to our current economic situation

      Lol.. Your one of those. Ok, I know my intelligence is wasted now. First, the funds were not non-existent. They were devalued when the contents of the packaged defaulted. That is a mechanic of the type of trade that was happening and a condition created by improper government regulation.

      Actually, the funds were nonexistent. What I'm talking about is fractional reserve banking.

      You do realize that, in 2008, the Federal Reserve had committed $8.5T to bailing out the banking industry, right? Do you also realize that, at the same time, the Federal Reserve was reporting a money supply of just under $8T. That tells me that over a half of a trillion dollars of nonexistent funds were placed into circulation and traded.

      I'll leave you to do your own research, beyond the following artcle: http://www.globalresearch.ca/index.php?context=va&aid=11600

      I'm interested to hear whether I'm still "one of those" after you realize what actually happened to us.

      Realize that more money is owed in derivatives than there is in existence. Please, explain to my how this can be so if we're not trading nonexistent funds?

      Further discussion on this topic should probably be taken to another forum, but I'd be more than happy to entertain your thoughts on the information I've just presented to you here, before we continue this discussion elsewhere.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    201. Re:I nominate... by drsmithy · · Score: 1

      The law is cause unto itself and thereby justification. You can argue that you don't like the law or that it needs changed, but until it is different, then the exclusive rights to copying and distribution is defined by law.

      I *am* arguing the law is wrong, for the miniscule parts of this discussion that is relevant to that. The primary topic under discussion, however, is how physical property and copyrighted material are fundamentally different, and how your analogy trying to assert otherwise is broken.

      As in all the other examples, If I could remove all the wear and tear, all the potential for things that never happened, and return the property before you would ever want to use it, it's still theft.

      Well, duh. Of COURSE if you remove the differences between copyrighted material and physical property, your analogy that is broken because of those differences will work. That doesn't make your analogy any less broken, nor your arguments any less logical fallacies, however. You can't just wave a magic wand and make copyrighted material like physical property (not that anyone on the copyright gravy train would do that even if they could, since then they wouldn't be able to have their cake and eat it to, like they can now).

      Wow, you seem to get it but then fail to see that when that artificial scarcity is removed by someone ignoring the law, the model breaks.

      I understand perfectly. But I also realise that a model based almost entirely on arbitrary and artificial limits was never going to work once the handful of genuine limitations disappeared.

      Or, to put it another way, as soon as copyrighted material became trivially separable from physical property - and thus was no longer (practically speaking) defined by it - it was inevitable that reality would step in and free market dynamics would take hold.

      The model is broken by design, it's just that's only really been truly demonstrated in the last few decades, as the means of duplication and distribution have become cheap and common.

      Now, suppose you hire an accountant, can you not pay him or her for services rendered? The accountant used your facilities, your computer, your books, your paper and provided nothing but their knowledge. Is their time and expertise their property or not?

      No. It is not property. It's skills, experience and knowledge. Services rendered are not the same as copyrighted material, and neither are the same as physical property.

      It's their right to trade it for money, your idea of nothing tangible being present breaks on this because it's all yours to begin with except for the mind of the accountant. They have a right to trade their knowledge for profit. The same right is created by copyright despite how much it would cost you to copy something.

      No, they are different things. An accountant doing my tax is performing the same function as a carpenter making me a chair. A singer doing nothing while his song plays on my CD player, is a completely different situation.

      What they may have no done in the future is ancillary to what has already taken place. When the law says you have exclusive control over the copying and distribution of something, regardless of anyone's intent, when it happens it is a lost profit.

      No, it's not. There is no lost profit if there was no intention of purchase.

      Copyright doesn't give you a right to sell something and make a profit. It gives you the right of control that can be sold for a profit.

      No, it does not. It gives you the rights of distribution. Whether you are doing that for profit, for nothing or for a loss has nothing to do with copyright.

      But they, or someone who gave it to them, has taken my exclusive control over the copying and distribution which I use to make a profit and assumed it for themselves for their own purposes. My ability to profit was taken when that act occurred independent of if they were going to buy it or not. The d

  2. Not saying this is right but by captnbmoore · · Score: 5, Insightful

    The way things have gone so far with this admin I figure that the only right person in there eyes will be someone like this Dan Glickman, head of the MPAA,

    --
    The Navy Motto "IF it ain't broke Fix It" "A day is wasted if you don't learn something new"
    1. Re:Not saying this is right but by Anonymous Coward · · Score: 0

      their

    2. Re:Not saying this is right but by orgelspieler · · Score: 2, Funny

      I didn't know Dan Glickman was a tax cheat.

  3. yeah right by phayes · · Score: 4, Insightful

    An ex, cough, current RIAA attourney without any doubt...

    --
    Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    1. Re:yeah right by martin-boundary · · Score: 2, Funny
      You're not thinking big enough...

      Remember, the czars hail from Russia. I'd like to propose Vladimir Putin.

    2. Re:yeah right by JohnnyGTO · · Score: 1

      Putin can't possibly be a tax cheat.

      --
      Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
  4. Hmm... by Anonymous Coward · · Score: 1, Insightful

    Let the excuse-making begin.

  5. Context, please by Dolda2000 · · Score: 2, Informative

    For us on the other side of the ocean, what is this copyright czar you keep mentioning?

    1. Re:Context, please by Anonymous Coward · · Score: 2, Funny
    2. Re:Context, please by ColdWetDog · · Score: 1

      Us nominative "democratic" folks like to appoint "czars" - autocratic, dictatorial leaders - for high visibility, typically social, issues that need "to be fixed". That way, we don't allow our democratic sensibilities to get in the way of entrenched corporate interests.

      For example, read the article on the "Drug Czar"

      As with any bureaucratic functionary (like other protozoa), they tend to multiply and generally smell up the place.

      Next up: Socialism as an experiment in capitalism.

      --
      Faster! Faster! Faster would be better!
    3. Re:Context, please by clarkkent09 · · Score: 1

      Its just something that the US administration (especially the current one) does when there is a problem: appoint a " czar". The issue is basically that the US government is now so enormous and complicated that issues cannot be efficiently handled through normal channels as the multitudes of departments don't communicate very well or at all with each other (or even know of others' existence), so the idea is that a single person focused on a specific issue and with authority across multiple departments will help untangle the mess. It works as well as any hack solution in that it temporarily helps on that specific problem but at the long term cost of making the overall mess even messier.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    4. Re:Context, please by Rip+Dick · · Score: 2, Funny

      http://lmgtfy.com/?q=copyright+czar

      this was a much needed website

    5. Re:Context, please by Anonymous Coward · · Score: 0

      The whole point of appointing a "czar" is to supposedly to create somone whose job it is to take charge of this one problem. The Drug Czar, the Education Czar, what have you.

      The real reason for creating a Czar position is to have someone to blame when the problem isn't solved. This is a great way for the President to sidestep the blame. I mean the "Czar" was the one who failed, not the President.

      Think of the Czar as that goat that was tied out for the T-Rex to eat in Jurassic Park.

    6. Re:Context, please by RDanW · · Score: 1
      Dolda2000, Look here for the inital creation of the office: http://blog.wired.com/27bstroke6/files/czarfinal.pdf

      And below for a summary from wired less than year ago:

      U.S. lawmakers approved the creation of a cabinet-level position of copyright czar as part of sweeping intellectual property enforcement legislation that sailed through the Senate on Friday.
      However, a controversial measure granting the Justice Department the authority to sue copyright infringers on behalf of Hollywood and the music industry was removed after the White House lobbied against assuming those new powers.
      The legislation's passage underscores the importance lawmakers place on protecting intellectual property. The entertainment industry says it loses billions of sales a year to piracy.
      The legislation, unanimously approved on a consent vote, came as lawmakers from both sides of the aisle are scrambling to hammer out a $700 billion Wall Street bailout.
      Sen. Ron Wyden, D-Ore., said he expected the Enforcement of Intellectual Property Rights Act "will aid federal efforts to protect American producers and American jobs."
      The measure (.pdf) creates an executive-level "Intellectual Property Enforcement Coordinator" -- a copyright czar requiring Senate confirmation.
      The executive and its office would be charged with creating a nationwide plan to combat piracy and "report directly to the president and Congress regarding domestic international intellectual property enforcement programs."
      The nation's drug czar, a position created by Congress in 1982 to wage the War on Drugs, also requires Senate confirmation. The new copyright czar will oversee government anti-piracy crackdowns and, among other things, train other countries about IP enforcement. The legislation also creates an FBI piracy unit and allows for the forfeiture of equipment used in large pirating operations.
      The intellectual property measure approved Friday was strongly backed by Hollywood, the recording industry, unions, manufacturers and the U.S. Chamber of Commerce.
      "This is a win for both parties and, more importantly, for America's innovators, workers whose jobs rely on intellectual property, and consumers who depend on safe and effective products," said Tom Donohue, the chamber's president and CEO.
      Digital rights groups, including Public Knowledge, opposed the measure.
      Gigi Sohn, the group's president, said the bill goes too far but she was nonetheless pleased that the Justice Department won't be suing copyright infringers on behalf of the entertainment industry.
      "We are pleased that the Senate bill as passed does not include the egregious provision allowing the Justice Department to file civil suits against alleged copyright violators on behalf of copyright holders," she said.
      The White House, in successfully pressuring for a rewrite to the legislation, said the original proposal requiring the attorney general to sue copyright infringers "could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry."
      The House of Representatives is expected to take up the measure as early as Saturday.
      http://blog.wired.com/27bstroke6/2008/09/senate-passes-b.html

  6. Ugh, that's depressing... by Dirtside · · Score: 5, Insightful

    It's kind of sad to see that despite all the progressive politics that Obama and Biden embody, that they're following Hollywood's line to the letter. I'd like to see some specific language from them on exactly what they think about the proper length of copyright terms -- the current terms lasting a century or more are absurd.

    Lessig took the wrong approach in arguing Eldred v. Ashcroft before the Supreme Court. While the frequent extensions to copyright obviously violate the spirit of the Constitution, they don't violate the letter, since century-plus durations are still technically "limited." What does violate the letter of the Constitution is that these extensions do not "promote the Progress" of science and arts, but rather retard them. Past a certain length, copyright terms don't create any additional encouragement to create; they just make it easier for huge corporations to monopolize our common culture.

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    1. Re:Ugh, that's depressing... by Poisonous+Drool · · Score: 2, Insightful

      Here's a quick course in Constitutional law: They can do whatever they want; the commerce clause says so.

    2. Re:Ugh, that's depressing... by thethibs · · Score: 1

      progressive politics that Obama and Biden embody

      I'm not American, but if I were, I'd remember that Biden wrote the first draft of the Patriot Act. So when he talks about criminals and enforcement I wouldn't guess that he's thinking about anything "progressive".

      --
      I'm a Programmer. That's one level above Software Engineer and one level below Engineer.
    3. Re:Ugh, that's depressing... by DustyShadow · · Score: 2, Insightful

      Commerce clause applies to Congress, not the executive branch...

    4. Re:Ugh, that's depressing... by ciroknight · · Score: 1

      It's kind of sad to see that despite all the progressive politics that Obama and Biden embody, that they're following Hollywood's line to the letter.

      The fact is, there's just nobody in Washington who doesn't follow Hollywood's will, or they wouldn't be in Washington in the first place. To be a politician these days, you have to side with some companies in order to get money and votes, and it just so happens that Hollywood has deep pockets and sides with anyone who's Pro-IP.

      We all know going into this presidency that whoever wound up in office would be a strong on IP. Let's not act like this is some kind of surprise. Sure, it'd be great if the Obama administration really could align with everyone, but that would be fantasy-land, not America.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    5. Re:Ugh, that's depressing... by beallj · · Score: 2, Informative

      And Congress extended the length of copyright terms, not the executive branch.

    6. Re:Ugh, that's depressing... by DustyShadow · · Score: 3, Informative

      Your point? Commerce Clause is not what allows copyright btw. It's the, believe it or not, COPYRIGHT CLAUSE!!

    7. Re:Ugh, that's depressing... by Mr.+Underbridge · · Score: 5, Insightful

      It's kind of sad to see that despite all the progressive politics that Obama and Biden pretended to give a shit about during the election that they're following Hollywood's line to the letter

      Fixed that. If you really didn't see this coming, then welcome to the realities of politics.

    8. Re:Ugh, that's depressing... by slashqwerty · · Score: 1

      I'd remember that Biden wrote the first draft of the Patriot Act.

      Would you like to back that up with some references? My recollection is that the first draft came straight from the Department of Justice.

    9. Re:Ugh, that's depressing... by N3Roaster · · Score: 5, Insightful

      And this extension in the length of copyright terms quite frankly was pure theft, stolen from the American people as a consequence of loss of materials promised to the public domain and as a consequence of the loss of jobs advancing American culture based on such materials.

      (sorry for hijacking your argument, but I wanted to post this and you had the best segue to it at the time)

      --
      Remember RFC 873!
    10. Re:Ugh, that's depressing... by Dun+Malg · · Score: 4, Informative

      In '95 Biden introduced a "Counterterrorism Bill" in the wake of the Oklahoma City bombing that was essentially the same thing as the Patriot Act. He even said, when the DOJ introduced the Patriot Act, "I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill".

      --
      If a job's not worth doing, it's not worth doing right.
    11. Re:Ugh, that's depressing... by shark72 · · Score: 4, Interesting

      "It's kind of sad to see that despite all the progressive politics that Obama and Biden embody, that they're following Hollywood's line to the letter."

      Interesting choice of words. The administration isn't looking at the short term here -- they see the writing on the wall and want to cement the USA's position as an economic superpower as the manufacturing leaves us behind. The USA is the biggest exporter of IP on the planet, and the administration likely sees this as our economy's golden ticket as India and China usurp what have been traditionally some of our big money-makers.

      The current administration probably looks at it a bit like global warming -- doing something about it should not be put off. They want to make progress here; hence the term "progressive." To do nothing would not be progressive.

      Agreed with you, however, that the ever-extending copyright lengths violate the spirit, if not the letter, of the constitution. Very well put. The big media companies would, of course, like to make copyright perpetual, but that would be unconstitutional. So instead they're doing the next best thing, and getting it pushed out each time Mickey Mouse is in danger of entering ye olde publick domain.

       

      --
      Sitting in my day care, the art is decopainted.
    12. Re:Ugh, that's depressing... by Jeff+DeMaagd · · Score: 1

      What does violate the letter of the Constitution is that these extensions do not "promote the Progress" of science and arts, but rather retard them. Past a certain length, copyright terms don't create any additional encouragement to create; they just make it easier for huge corporations to monopolize our common culture.

      I don't think this necessarily stacks up, there's no shortage of newly created copyrighted works, it's not as if the media industries got together in 1995 and said they're not going to make anything new because they already own it all and there's nothing new to be made.

      Corporations monopolize our common culture because the masses let them create the common culture and then exalt it through various popularity contests such as Billboard.

    13. Re:Ugh, that's depressing... by CodeBuster · · Score: 3, Insightful

      Someone has to be the one to burst your bubble about Obama, so I guess it will be me. Obama is a product of the Chicago machine politics of the type the brought you ACORN, Rod Blagojevich, Reverend Wright, and the sort of pay-to-play corruption that only lobbyists, rabble rousers, and crooked union bosses could love. Obama said it himself, he believes that he is "beholden" to the Unions (and probably to Hollywood too via Biden) and if there is one aspect that defines machine politics it is patronage (i.e. you remember who did favors for you when you needed them and you pay them back no matter what the political cost). The people on the left who voted for him were, in many ways, deceived by a fast talking Madison Avenue style political campaign specially crafted to play upon their fears, ignorance, and misconceptions of the how the REAL world really works. As they are finding out to their dismay, hope and reality are often not the same thing.

      Obama is wrong on copyright and he is wrong on legalization of marijuana (barely even acknowleding the question even thought the Internet town hall meeting voters rated it a TOP THREE issue), but he will never admit it or even have a serious discussion about these and selected other topics because he has been bought and paid for by powerful clients who don't want him to talk about them OR if he must speak then they expect him to tow their line and be as brief as possible. In other words, Hollywood wins and you lose unless you have a few billion sitting around to help change his mind or are able and willing to do major favors for him or the Democratic Party on other tough issues (which would have to be valuable indeed for him to overrule Biden and his Hollywood friends) or most probably both.

      The truly progressive voters in the Democratic party voted for Dennis Kucinich or Nader, not Obama

    14. Re:Ugh, that's depressing... by Greg_D · · Score: 5, Insightful

      If manufacturing leaves us behind, then we're fucking done for.

      A country that can't produce its own goods is a country with no future anyway. Adding draconian IP laws to the books and appointing a bunch of lawyers who are in the pockets of big entertainment are NOT in the best interests of this country. Societies do not advance by hoarding all their knowledge and locking it away where nobody else can get at it.

    15. Re:Ugh, that's depressing... by Reziac · · Score: 1

      Yikes... wasn't aware of that. Not that I'm surprised. :(

      A lot more detail here:

      http://news.cnet.com/8301-13578_3-10024163-38.html?tag=newsLeadStoriesArea.0

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    16. Re:Ugh, that's depressing... by snowwrestler · · Score: 1

      The U.S. is the #1 manufacturer in the world, as well as the #1 exported of manufactured goods, as measured by dollar value.

      That's NOT true if measured by tonnage. China has us beat there. But the difference is that the stuff we manufacture and export are things like high-end construction equipment, airplanes, scientific equipment, industrial tooling, pharmaceuticals, etc. These things are valuable because of their design and the ideas they implement--because of the IP that they represent. Not because of the weight of the material in them.

      The value of manufacturing is wholly tied up in the IP of what is being manufactured. You can make as much crappy product as you want; if people don't want it, it will not sell and will not generate value.

      And that does not get into the pure IP products like software, movies, or games. Those are each multi-billion-dollar domestic industries who add to the bottom line of the nation and employ whole supply chains (including manufacturing!).

      It's easy to get caught up in opposing the shitty tactics of the RIAA and the MPAA, but I think those are really details in the big picture. Those problems will be largely addressed by the marketplace...look at the state of music DRM today for instance. Although some aspects can use improvement, copyright as a concept is a great idea and it is important to defend it. The same rules that protect Mickey also protect the open-source movement.

      --
      Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    17. Re:Ugh, that's depressing... by claysdna · · Score: 0

      Your tag line intrigues me.

      What scientific proof do you have for the statement " Destroy science and religion. Science will re-emerge exactly the same; but not religion"

      What experiments have been performed that indicates this is true? In my opinion, it is simply a matter of FAITH that science will re-emerge exactly the same which is what Religion is based upon, not science. If God exists, then perhaps religion will re-emerge exactly the same. The point is that no one knows if either would re-emerge the same. No significant scientific experiments have been performed and religion does not need proof.

      I do not know who Penn Jilette is and have not goggled him. However, I can tell you that based upon his statement, I don't see how he could have been a scientist.

    18. Re:Ugh, that's depressing... by shutdown+-p+now · · Score: 1

      The administration isn't looking at the short term here -- they see the writing on the wall and want to cement the USA's position as an economic superpower as the manufacturing leaves us behind. The USA is the biggest exporter of IP on the planet, and the administration likely sees this as our economy's golden ticket as India and China usurp what have been traditionally some of our big money-makers.

      How does strengthening the IP law within the country going to help, though? When you export IP, it's the laws of the place where you export that stuff to that matter. And between Europe and China as major players, and the rest of them in entourage, they can certainly afford to wage a trade war on that with U.S. and win - and, again, U.S. laws won't even enter into the picture.

    19. Re:Ugh, that's depressing... by Anonymous Coward · · Score: 0

      While the frequent extensions to copyright obviously violate the spirit of the Constitution, they don't violate the letter, since century-plus durations are still technically "limited."

      Exactly. These cynical bastards would say, with their bare faces hanging out, "Well, author's life plus six hundred years is a limit, is it not?"

      And, by the same logic, the oil companies can say, "Well, given sufficient organic matter, along with enough time and pressure, we conclude that natural gas, oil and coal are renewable resources, yes?

    20. Re:Ugh, that's depressing... by sumdumass · · Score: 2, Insightful

      his point is that the government has been using the commerce clause to overstep the constitution and the limits within for a while now.

      Congress made the law creating the copyright czar under the administration. The czar will have to follow the laws congress creates. and while the constitution does address copyright, it also leaves it to congress to implement which is where using the commerce clause comes back in.

    21. Re:Ugh, that's depressing... by sumdumass · · Score: 1

      Something that most people don't realize or understand is that ALL US copyright laws were made and changed pursuant to international treaties after the mid 1800's. There are a number of people who want to think it was because of Disney but the reality of the situation is different. Disney may have gotten the rest of the world to create and sign the treaties, they certainly encourages are participating in them, but with treaties in place, most of our laws will be honored in other countries.

      BTW, thats one of the reasons why the US was able to convince the swedes to fuck with the Pirate bay and why we got someone extradited from Australia over copyright infringement. It's also why other countries attempt to implement DMCA style laws. The DMCA was modeled directly from the WCT and WPPT wipo treaties.

    22. Re:Ugh, that's depressing... by martin-boundary · · Score: 1

      That's NOT true if measured by tonnage. China has us beat there. But the difference is that the stuff we manufacture and export are things like high-end construction equipment, airplanes, scientific equipment, industrial tooling, pharmaceuticals, etc. These things are valuable because of their design and the ideas they implement--because of the IP that they represent. Not because of the weight of the material in them.

      You're probably too young to know that Japan used to be known for producing cheap, low quality, crappy products, after WWII. It only took about twenty years to change that.

      And that does not get into the pure IP products like software, movies, or games. Those are each multi-billion-dollar domestic industries who add to the bottom line of the nation and employ whole supply chains (including manufacturing!).

      America, a great nation of movie goers and game players? Whee.

      The same rules that protect Mickey also protect the open-source movement.

      Disney built his company on public domain material. If the current copyright rules had been around when he started, none of us would have ever heard of Mickey Mouse. Luckily, open source figured out a way to turn copyright on its head.

    23. Re:Ugh, that's depressing... by 4D6963 · · Score: 1

      Yes, there's a few reasons why it's not in the country's interest to do away with copyright and give anything away for free. The "IP super-industry" (the film, book, music, magazine, newspaper, TV, video game, software industries combined, and more..) makes billions a year (can anyone come up with a figure? I have no idea how huge it must be but it's bound to be enormous), it's a huge business, employing lots of people in America. Letting them and copyright enforcement down would mean a devaluation of anything all these cultural products, music, movies, books, games, because if you let anyone get a $50,000,000 movie for free that means no return on investment in the movie, that means it'll be the last movie you'll see with such a budget. That means shrinking down the entire industry, laying off people, until the point Hollywood can barely rival with Swedish movies anymore.

      Sure, we on Slashdot all want our video games and music albums for free, but the large scale consequence of such approaches means a downscaling of the industry in question, and it would have its toll on the economy.

      That's why the evil Obama administration is defending these guys, it's because, believe it or not, defending copyright is in the global interest of all. Too bad most Slashdotters can't see much further than "whaaa whaaa I don't wanna pay my taxes cause it's money I earnt".

      the ever-extending copyright lengths violate the spirit, if not the letter, of the constitution.

      Err okay, how does that work though? How would a century-long copyright violate the constitution?

      --
      You just got troll'd!
    24. Re:Ugh, that's depressing... by PMBjornerud · · Score: 1

      The administration isn't looking at the short term here -- they see the writing on the wall and want to cement the USA's position as an economic superpower as the manufacturing leaves us behind.

      It's a really, really bad idea.

      I understand the rationale behind this. But manufacturing IS power. IP is a concept based on the moral that copying is bad and that the innovator should be rewarded.

      Manufacturing is factories. When things turn bad, factories are refitted to make guns and tanks instead of toys and cars. China and India have some 2 billion inhabitants. If they also have the factories, they could pretty much define international law as they see fit.

      So... Is the future a world where the US imposes "robber baron" IP on the rest of the world while keeping military might to enforce the tribute they demand?

      --
      I lost my sig.
    25. Re:Ugh, that's depressing... by mspohr · · Score: 2, Informative
      The CIA begs to differ:

      Germany $ 1,530,000,000,000 2008 est.

      China $ 1,465,000,000,000 2008 est.

      United States $ 1,377,000,000,000 2008 est.

      Japan $ 776,800,000,000 2008 est.

      France $ 761,000,000,000 2008 est.

      Italy $ 566,100,000,000 2008 est.

      --
      I don't read your sig. Why are you reading mine?
    26. Re:Ugh, that's depressing... by earthforce_1 · · Score: 1

      > Destroy science and religion. Science will re-emerge exactly the same; but not religion

      Because scientific experiments are repeatable; you can repeat experiments 10,000 years later and achieve exactly the same results, and over time, rediscover how the universe is made up. You may have another prophet born in 10,000 years, but they will not be exactly the same as Jesus or Muhammad or Guru Nanak.

      --
      My rights don't need management.
    27. Re:Ugh, that's depressing... by Anonymous Coward · · Score: 0

      India and China usurp what have been traditionally some of our big money-makers.

      Why do you call it "usurp"? does any idea belongs to anybody?

    28. Re:Ugh, that's depressing... by infalliable · · Score: 1

      "What does violate the letter of the Constitution is that these extensions do not "promote the Progress" of science and arts, but rather retard them. Past a certain length, copyright terms don't create any additional encouragement to create; they just make it easier for huge corporations to monopolize our common culture."

      I agree with you on this. Copyright is a requirement. You do need some form of a protection for artists so they can profit from their work, whatever it is.

      However, copyright in this country has grown into an unworkable goliath. The terms are insane, and serve only to fatten the giant corporations like Disney, the RIAA, and the MPAA.

      If a patent lasts for less than 20 years, why does a copyright have to last for nearly 100? Am I going to stop making music b/c I can only earn money from it for 20 years, instead of decades after I'm dead?

      Also, the original protections built into the copyright laws for fair use have been slashed through various provisions like the DMCA.

    29. Re:Ugh, that's depressing... by KDR_11k · · Score: 1

      Do I have to apply some filtering to this list to get your numbers or what?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    30. Re:Ugh, that's depressing... by mdmkolbe · · Score: 1

      Protecting IP to make up for weak manufacturing is actually short-sighted not progressive. It will further weaken manufacturing and make us dependent on IP. Not only is IP as a monopoly very economically inefficient, but when trading internationally our IP is only as strong as the laws/enforcement of the country we are trading with. We can strengthen our laws/enforcement all we want but it doesn't mean a thing on the international market. Manufacturing doesn't suffer from either of these problems.

    31. Re:Ugh, that's depressing... by Dog-Cow · · Score: 1

      Because scientific experiments are repeatable; you can repeat experiments 10,000 years later and achieve exactly the same results

      How do you know that? I think you're taking it on faith that this is true.

    32. Re:Ugh, that's depressing... by shark72 · · Score: 1

      "Err okay, how does that work though? How would a century-long copyright violate the constitution?"

      NB that I wrote that it violates the spirit but not the letter. The letter specifically is the "for a limited time" clause. The framers deliberately added this because they intended for copyrights to eventually expire. With media companies continually pushing out the term length, it strains the contextual meaning of "limited time."

      --
      Sitting in my day care, the art is decopainted.
    33. Re:Ugh, that's depressing... by 4D6963 · · Score: 1

      Oh well, if you're gonna respect the original constitution to the letter you might want to ask women their vote back, and give black people their chains back.

      --
      You just got troll'd!
    34. Re:Ugh, that's depressing... by Uberbah · · Score: 1

      Someone has to be the one to burst your bubble about Obama, so I guess it will be me. Obama is a product of the Chicago machine politics of the type the brought you ACORN, Rod Blagojevich, Reverend Wright, and the sort of pay-to-play corruption that only lobbyists, rabble rousers, and crooked union bosses could love.

      Yawn. I'd say [Citation needed], but it's not like right wing hacks like yourself are concerned with trivial things like facts or reality.

  7. Ecch... by Anonymous Coward · · Score: 2, Insightful

    "It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,"

    The loss of income by some Americans due to copyright infringement is exactly made up for by the savings of the Americans who don't pay for the copyrighted works. It's a complete and total wash as far as the domain that can be affected by American legislation and law enforcement. I'm for copyrights of a limited term (say, 20 years) and this still sickens me.

    One of the big things that bothers me is that the american entertainment industry is such a tiny part of the economy. IBM is worth much more than any of the entertainment companies -- five times all of Sony or Time-Warner, for example -- but you don't see congress and the president trying to fuck over every citizen in IBM's name. It's a completely corrupt effort, even though copyrights can serve a good purpose.

    1. Re:Ecch... by QuantumG · · Score: 2, Informative

      One of the big things that bothers me is that the american entertainment industry is such a tiny part of the economy.

      Indeed. As I've said a few times before, the Self Storage industry is about twice as big as all the movie and music companies combined. Providing the middle class with a place to dumb their excess consumption is more profitable, how fucked is that.

      --
      How we know is more important than what we know.
    2. Re:Ecch... by Culture20 · · Score: 1

      One of the big things that bothers me is that the american entertainment industry is such a tiny part of the economy.

      But as we've seen, the American entertainment industry can allow those in power to wag the dog.
      That sentence works on so many levels!

    3. Re:Ecch... by Anonymous Coward · · Score: 0

      Indeed. As I've said a few times before, the Self Storage industry is about twice as big as all the movie and music companies combined. Providing the middle class with a place to dumb their excess consumption is more profitable, how fucked is that.

      Because no politician, not even Larry Craig, was interested in snorting a line of coke from between the tits of Guido, the Guy Who Manages The Self Storage Lot At 33rd and 8th.

      MAFIAA goons can provide politicians with coke-titted (or weenered, for Barney Frank and friends) stars as playthings, and more importantly, help in the production and distribution of audio-visual propaganda to keep the masses in line.

      Lose MAFIAA support, lose the election. First you lose the money, then you lose the power, then you lose the coke-titted starlets.

  8. corporations are no artists, except con artists by jessemaurais · · Score: 4, Insightful

    "It's pure theft..." but when Disney takes the creation of Steven Lisberger, that's ok, because they own that, so it's not really theft. Corporations have "intellectual property" because they have buying power. Apparently the artists they hire have no intelligence, because they sell their creativity rights for the access to the medium.

    1. Re:corporations are no artists, except con artists by Anonymous Coward · · Score: 0

      So Lisberger involuntarily came to work for Disney as some sort of an indentured servant? Wow, that shouldn't be happening in this country.

    2. Re:corporations are no artists, except con artists by jessemaurais · · Score: 1

      No he voluntarily signed away his creations so that he could create something worthwhile. I think this is neither necessary nor a proper way to do business. But the sarcasm was cute.

    3. Re:corporations are no artists, except con artists by Nutria · · Score: 1

      Apparently the artists they hire have no intelligence, because they sell their creativity rights for the access to the medium.

      Are you an idiot, or just willfully stupid?

      Lots of creative people do not prefer to be free actors, having to be businessmen in addition to creating their art.

      --
      "I don't know, therefore Aliens" Wafflebox1
    4. Re:corporations are no artists, except con artists by Nutria · · Score: 0, Troll

      I think this is neither necessary nor a proper way to do business.

      What's your experience in running a large (or even medium or small) business?

      --
      "I don't know, therefore Aliens" Wafflebox1
    5. Re:corporations are no artists, except con artists by Anonymous Coward · · Score: 0

      I think there are legitimate arguments against how things are run and why they need to change, but your stated argument leads to a nanny state - "Oh, the employees can't choose whether or not to work there." People who don't like smoking used that logic to push laws making bars non-smoking; they said the employees couldn't choose whether or not to work at a bar that allows smoking. Funny thing, though: with the law to protect the employees in place, the employees at the bars I go to now actively break the law and let people smoke in them. So we created a nanny law which hurts the people it's supposed to protect (via fines and possibly shutting down their employer).

      Look at it from the other side: I've wanted to work as an artist for all of my adult life; instead I've spent my days working for some nameless corporation being a great software engineer, making stuff I only give a shit about in the sense that I take pride in any work I do. I would be fucking thrilled beyond belief if someone said "Here's a salary to make the art you want to make."

      Another anecdote: I have a musician friend writing software for a music company; gets paid well, gets to work around 10 or 11AM, gets to work less than full time so she can work on her music, and can take off days when she needs to travel for the shows and cabarets she puts on. The job is a pretty sweet job, and it absolutely fucking kills her not to be working on music all day. Give her the same salary as she makes now to make her music, and she'd be thrilled beyond compare.

    6. Re:corporations are no artists, except con artists by Dun+Malg · · Score: 5, Interesting

      How about this then? A friend of mine worked for Disney and created a background mural for a ride at Disneyworld. The work was licensed to Disney solely for use as part of the ride. A couple years later, this same friend attended a Disney on Ice show, and what do you know, there was his background artwork. In the ice show. In violation of the license. He complained and Disney basically stonewalled him for a year, claiming variously "it's not your artwork", "it's allowed under the contract we signed", and other such bullshit. Eventually, they renegotiated a new contract for a lot more money. His agent said Disney pulls this crap all the fucking time, and most of the time artists don't find out until after the fact and don't have a live show to hold hostage, so they get stonewalled forever. They're a bunch of prick theives, stealing from everyone else, and whining about piracy at the same time. Fuck 'em.

      --
      If a job's not worth doing, it's not worth doing right.
    7. Re:corporations are no artists, except con artists by jessemaurais · · Score: 1

      It can be disagreed, that creators ought to retain creative control of their products. I also think art as an industry would be better off if this were the case -- again, rational people can disagree. A company can leverage their means of production & distribution over an artist if they want, and this is not only legal but common. The near ubiquity of the practice makes it a non-choice. This was the point of my first post. If anyone cares to talk about this, I'm all ears. But I haven't heard it yet.

  9. To be expeted by Blackhalo · · Score: 1

    It is not surprise that this administration would be pro-big media. The question to me would be, to what extent are they willing to compromise common carrier and constitution in that endeavor.

    --
    "There is nothing to do it. But to do it." -Floyd Pepper
  10. Re:politics by Anonymous Coward · · Score: 2, Insightful

    How so? I didn't realize copyright law enforcement was a particularly partisan issue in the United States. Both parties, and most of the general populace, including (perhaps especially) Slashdot, are rather clueless about copyright law.

  11. My suggestion... by zach_the_lizard · · Score: 1

    My personal suggestion is that they pick no one, abolish the office, and tell Hollywood to go to hell. But, that's not going to happen, so I nominate, let's see....Stephen Kinsella.

    --
    SSC
  12. You software reds are going down! by Anonymous Coward · · Score: 0

    And if you keep torrenting they are going to three strikes you with an Obama SWAT tank and some stimulus bullets and seize your gear. But on the other hand you'll get network neutrality .

  13. Perhaps a reaction to extreme copyright? by b4dc0d3r · · Score: 4, Insightful

    Is it possible that we wouldn't be downloading everything there ever was, if we had grown up in a world where copyrights were limited in any meaningful sense?

    1. Re:Perhaps a reaction to extreme copyright? by Opportunist · · Score: 3, Interesting

      It's more a reaction to completely batshit insane copyright laws.

      First, laws will not be upheld if they cannot be understood and accepted. "Don't kill or go to prison" is a concept any common person can understand and accept. Killing someone is bad, I would harm someone if I killed him, so ... yeah, makes sense.

      A law telling you that you can't make a copy of something you paid for is neither understandable nor acceptable. I paid for it, so why shouldn't I make a copy of something that I bought? Why shouldn't I be able to use it the way I want? More, why should I be forced to do with what I own (yes, yes, you don't own it... another thing that makes no sense) only what its maker wants? Can Ford force me to drive my SUV only offroad? Can GE force me to keep my super stinky cheese out of the fridge? Can Heinz force me to eat their Ketchup only on Fries and Burgers but never with Hotdogs? Why can Disney force me to sit through unskippable ads? Makes no sense.

      And second, and more importantly, the abundance of copyright laws that do not make intrinsically sense creates an air of uncertainty. What can I do? What can't I do? Or, why the hell should I care what I do, even if I just use it it's prolly already illegal, so why bother trying avoiding breaking the law?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Perhaps a reaction to extreme copyright? by Anonymous Coward · · Score: 0

      Can Heinz force me to eat their Ketchup only on Fries and Burgers but never with Hotdogs?

      Spoken like someone who's never tried to put ketchup on a Chicago hot dog.

  14. Hmm. by murderswitch101 · · Score: 1

    In before they dig up Jack Valenti's rotted corpse and put him in charge of this shit.

    1. Re:Hmm. by Opportunist · · Score: 1

      He would be a suitable representative of the industry, that's for sure.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. It also occurs to me... by Dirtside · · Score: 4, Interesting

    ...that we may already be able to see where, in general, the future will lead with regard to copyright enforcement. The music industry has more or less given up on DRM; there were enough places that started selling DRM-free music, and made a mint at it, that the big dogs finally gave up. Why?

    Among the population of those who pirate (set P), the subset Q who pirate because it's easy, but would pay if they couldn't pirate, is very small. The big dogs were spending more on creating and implementing DRM schemes than they could ever hope to earn from Q, and they finally figured this out.

    The movie industry hasn't quite got this yet, or at least not in the same way; because a piece of music is much smaller and easier to distribute than a piece of video, the RIAA's battle with Internet piracy really began around 1996. The MPAA didn't start having to deal with it to the same degree for five or six years later. Giant corporations are not quick learners, and it'll probably be another two or three years before they really get it (although to some degree they've learned from the RIAA's mistakes).

    In practice, there will be a lot of lip service put toward stopping the Evil Pirates, and occasional high-profile incidents such as the Pirate Bay verdict, but in the main, 99% of pirates will never be affected. There's just way too many of them compared to the studios; giant though those corporations may be, they're nothing compared to the tens of thousands of people who are dedicated, for whatever reason, to defeating any conceivable DRM scheme.

    There'll still be efforts made against commercial pirates, but as for noncommercial piracy, unless they make a big splash or get noticed for some reason, they're going to be ignored by the studios forever, because it will always cost the studios more to do something about them than they could ever hope to earn from doing so.

    Biden and Obama and their successors will, as has been noted, probably sing the same tune forever -- the entertainment industry is a huge political donor. More to the point, the only politicians who get elected are going to be the ones who at least pay lip service to helping Hollywood against the Evil Pirates (tm). But there's really never going to be much they can do about it.

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    1. Re:It also occurs to me... by the_macman · · Score: 4, Insightful

      I understand your reason for lack of concern. But hear MY concern. During the MPAA's pursuit against piracy the freedoms of the internet will be trampled on :( So sure they won't catch 99% of all pirates but that doesn't mean we won't see federal legislation requiring ISP's to log records, even more powerful DMCA, and other such bullshit along the way. I have hopes that we'll win though. There are more of us and we are smarter. But casualties along the way will occur and that saddens me.

    2. Re:It also occurs to me... by CodeBuster · · Score: 1

      The flaw in your analysis lies in failure to fully appreciate the lengths to which the copyright industry is willing to go to squash piracy, not directly through DRM which won't work and has never worked (as you pointed out), but through continuation of the spammigation tactics innagurated and tested by the RIAA and the music labels. They will force Congress to pass laws making it legal (that which is now illegal or at least highly questionable) so that they can continue their reign of terror in our criminal courts (prosecutions for private benefit in our public criminal courts) in order to frighten ordinary citizens into towing their line on copyright which is, as the late Jack Valenti was fond of saying, "infinity, less one day". They do not care about the damage that such tactics cause in a free society or how such combinations of government enforcement under color of authority combined with private corporate interests leads inevitably to full blown Facism, indeed is the very definition of Facism. We here on Slashdot and others with an interest in the copyright debate have dealt them some setbacks in court, yes, but if they cannot get what they want in court then they will go to Congress, have them change the rules, and then have the Department of Justice (newly packed with RIAA henchmen, thanks to Obama and Biden) enforce them in our Federal criminal courts (our public tax dollars spent to protect their private interests and private profits). The MAFIAA will got to any length and pay alomst any price including damaging our legal system and undermining the principles upon which this nation was founded to protect their dwindling revenue. The only thing that matters to them is money, not right and wrong, but M-O-N-E-Y.

    3. Re:It also occurs to me... by Nefarious+Wheel · · Score: 1

      The only thing that matters to them is money, not right and wrong, but M-O-N-E-Y.

      The very scary part of this is that in order to get the money, they're going after the control. C-O-N-T-R-O-L.

      I'm afraid they've gotten to like it.

      --
      Do not mock my vision of impractical footwear
    4. Re:It also occurs to me... by CSMatt · · Score: 1

      ...that we may already be able to see where, in general, the future will lead with regard to copyright enforcement. The music industry has more or less given up on DRM; there were enough places that started selling DRM-free music, and made a mint at it, that the big dogs finally gave up. Why?

      Because Steve Jobs refused to allow price hikes with DRM, and would not license FairPlay to competitors nor support non-FairPlay DRM on iPods. The labels had three choices: bow to Jobs and sell on the iTunes Store for 99 cents, open competing stores that use incompatible DRM but (supposedly) work on a number of less popular players, or sell DRM-free. Because the iPod failed to be usurped by a PlaysForSure player, the competing stores had poor success. The only way a competing store could sell to iPod customers was to use DRM-free formats that the iPod supports. Hence the abandonment of DRM at non-Apple stores. The DRM drop in the iTunes Store was so that the labels could have flexible pricing.

      So yes, the labels did the right thing, but not for the right reasons.

    5. Re:It also occurs to me... by Anonymous Coward · · Score: 0

      the entertainment industry is a huge political donor.

      Too much easy money!

    6. Re:It also occurs to me... by Anonymous Coward · · Score: 0

      So yes, the labels did the right thing, but not for the right reasons.

      Some people did the right thing not of their own free will but because someone else made the alternatives unattractive?!?! I am shocked, shocked! I hope this doesn't become more widespread, because who knows what it could lead to?

  16. Hope and Change, Fairydust and Rainbows.... by Anonymous Coward · · Score: 5, Informative

    Feeling suckered yet? Obama knows where to get his bread buttered, and Hollyweird is only happy enough to do it for him.

    1. Re:Hope and Change, Fairydust and Rainbows.... by droopycom · · Score: 3, Insightful

      If the choice is between having the president a puppet of
      A) the Oil Industry and the Defense Industry
      B) the RIAA and MPAA

      Then I would definitely choose B.

      Its relatively easy to fight the RIAA and MPAA on my own or just ignore them, compared to the Oil and Defense...

    2. Re:Hope and Change, Fairydust and Rainbows.... by evanbd · · Score: 5, Insightful

      Suckered? Not particularly. I knew Obama wasn't perfect when I voted for him. I knew Hollywood and copyright issues in general was one where I wouldn't like him much. I also believed (and still do) the the other options weren't particularly better on this front. This really isn't a partisan issue, despite people on both the D and R sides of the aisle pretending it is.

      Angry? Certainly. This is a bad policy (well, technically so far it only appears to foreshadow such). Copyright in our country is badly broken, and things that will make it worse make me angry, like many slashdotters.

      Disappointed? Yes, somewhat. I had hoped things would be better than this. I didn't expect them to, and there was no rational basis for that hope. But if you stop hoping for a better future, then very quickly you'll stop working for it. And once you stop working for a better future, you're in deep trouble indeed. So I had hope that things will improve, and I was disappointed. I still have hope that things will improve.

      Regretful? No. I don't want to be an Obama apologist: he's making a mistake here. Please, take him to task for it. Write angry letters, shout from the rooftops, and get us a decent copyright policy. I'm with you on that one. But please don't act like I was an idiot for voting for an imperfect candidate, or pretending that for some reason I have to either support or oppose everything he does as a single block. I'm capable of agreeing with him on some things and disagreeing on others, and I've basically gotten the candidate I thought I voted for, for better *and* for worse.

      I rather suspect I'm not the only one.

    3. Re:Hope and Change, Fairydust and Rainbows.... by DigiShaman · · Score: 2, Interesting

      I would choose A

      We need the Oil and Defense Industry. The media industry however we can do without, especially due to draconian laws passed in their favor against us.

      Seriously, when has BIG Oil and Defense sued thousands of kids on the basis of intellectual property (non-tangible resource)?

      --
      Life is not for the lazy.
    4. Re:Hope and Change, Fairydust and Rainbows.... by Anonymous Coward · · Score: 0

      Meh, they can tighten up the copyright laws for all the good it will do them. I liken it to gun control laws, with so many illegal guns on the streets, would it really make a difference if you couldn't buy a legal one? Obviously not to the gangs who control entire sections of cities, places where cops won't even go unless the whole department shows up. Likewise, do they really, really think they can stop piracy?

    5. Re:Hope and Change, Fairydust and Rainbows.... by Anonymous Coward · · Score: 0

      > I rather suspect I'm not the only one.

      Same here. I was hopeful, but fearful about his policies. Unfortunately, fear seems to be winning over hope. Again. I do NOT support these actions. Maybe we need to start making a fuss on change.gov to get someone more reasonable in there? I, for one, do NOT want an RIAA lawyer running the office.

      Although I probably wouldn't change my vote in the prior election even had I known this back then, that doesn't mean I'll vote for Obama in the future.

    6. Re:Hope and Change, Fairydust and Rainbows.... by D-Cypell · · Score: 2, Insightful

      "Seriously, when has BIG Oil and Defense sued thousands of kids on the basis of intellectual property (non-tangible resource)?"

      I bet there are thousands of kids who would have *wished* they would have been sued by the entertainment industry, rather than killed by the implements of the 'defense' industry to support the interests of the oil industry.

      Being sued probably sucks, being bombed probably sucks more.

    7. Re:Hope and Change, Fairydust and Rainbows.... by drizek · · Score: 4, Funny

      I have just two words for people who ask me if I regret voting for Obama: Sarah Palin.

    8. Re:Hope and Change, Fairydust and Rainbows.... by spanky+the+monk · · Score: 1

      how about C) third party that actually represents the constitution

    9. Re:Hope and Change, Fairydust and Rainbows.... by Opportunist · · Score: 1

      when has BIG Oil and Defense sued thousands of kids on the basis of intellectual property

      Never, that's true. All the latter did was sending them abroad to bring home the former.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:Hope and Change, Fairydust and Rainbows.... by Opportunist · · Score: 1

      Suckered? Hardly.

      Anyone who didn't think the Dems are in bed with Hollywood should probably get a little fact checking done. I don't know a single administration where they weren't bedfellows.

      But then, what's the alternative in a two party dictat... I mean, democra... I mean, republic? The alternative was a senile, terminally ill fool tailgated by a religious nut with the ability to kick GWB off his thrown as the "dumbest prez ever".

      Heck, a water cooler would've been better than that pair. Despite the lack of human touch.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:Hope and Change, Fairydust and Rainbows.... by Hal_Porter · · Score: 2, Insightful

      I have two words for people who ask me if I regret voting for Big Brother: Emmanuel Goldstein.

      or maybe

      I have two words for people who ask me if I regret voting for George Bush: bin Laden.

      Ever get the feeling you've been cheated?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    12. Re:Hope and Change, Fairydust and Rainbows.... by pnuema · · Score: 1

      In case anyone is interested, this is the difference between a Democrat and a Republican. Democrats disagree. Republicans line up.

    13. Re:Hope and Change, Fairydust and Rainbows.... by Anonymous Coward · · Score: 0

      "Seriously, when has BIG Oil and Defense sued thousands of kids on the basis of intellectual property (non-tangible resource)?"

      I bet there are thousands of kids who would have *wished* they would have been sued by the entertainment industry, rather than killed by the implements of the 'defense' industry to support the interests of the oil industry.

      Being sued probably sucks, being bombed probably sucks more.

      They don't wish anything... they are dead!

    14. Re:Hope and Change, Fairydust and Rainbows.... by Uberbah · · Score: 1

      We need the Oil

      Canada and Europe manages just fine with gas two times as expensive or more. So we'd need more mass transit, less trucking and more rail, and of course those urban cowboys might have to give up their F-150's as commuter vehicles. Oh, darn.

      and Defense Industry.

      We've had one invasion to deal with in our country's history, and that was nearly 200 years ago. We have the world's largest oceans on either side of us and two large, friendly nations on the remaining two sides. Our actual defense needs are minuscule.

      Seriously, when has BIG Oil and Defense sued thousands of kids on the basis of intellectual property (non-tangible resource)?

      When has the RIAA or the MPAA led us into a war costing hundreds of thousands of lives, trillions of dollars and our nation's moral standing?

    15. Re:Hope and Change, Fairydust and Rainbows.... by Uberbah · · Score: 1

      I always find it funny when Republicans bitch about Hollywood's support for Democrats, completely ignoring the fact that Hollywood is also big business. And the GOP has never seen a big business that it hasn't felicitated with gusto.

    16. Re:Hope and Change, Fairydust and Rainbows.... by drizek · · Score: 1

      I wasn't aware that Bin Laden was Al Gores running mate.

    17. Re:Hope and Change, Fairydust and Rainbows.... by droopycom · · Score: 1

      We need the Oil and Defense Industry. The media industry however we can do without.

      Sure, maybe, but what does this have to do with them having undue influence over the presidency ?
      Usually, its considered better if some of the most important things are separated. Like Church and State. Or like Legislative, Executive and Judicial powers...
      Checks and Balance I think its called...

  17. Biden wants more money? by the_arrow · · Score: 5, Interesting

    Maybe it's just as simple as Biden wanting more money? "Give me more money and I'll make sure the 'right person' gets approved."

    --
    / The Arrow
    "How lovely you are. So lovely in my straightjacket..." - Nny
  18. Re:politics by wasted · · Score: 2, Insightful

    Hollywood, in general, tends to support the left more than the right. Consequently, my guess would be that the nominee would be someone who tends to favor Hollywood's interest, so Hollywood campaign contributions to the Democratic Party continue at current or higher levels.

    I could be wrong about my guess, though.

  19. The Right Person by guyminuslife · · Score: 4, Insightful

    The right person for the job will know which battles are winnable, and which battles aren't.

    The right person for the job will recognize that intellectual property holders are going to be more effective at combating user vs. corporation-style IP infringements by expanding access. This person will attempt to foment an environment in which it is reasonable for powerful IP holders to aggressively pursue this objective.

    The right person for the job will focus enforcement efforts on businesses (e.g., pirated software) rather than living-room pirates, since the former can likely be widely-enforced, whereas the latter can't.

    The right person for the job will seek to reform the patent system, and adopt a relatively narrow view of what IP entails.

    The right person for the job will see his or her role as more along the lines of facilitating and educating, than as a law enforcement agent, or, worse, a corporate shill.

    The right person for the job will be able to come up with witty comebacks to the TPB staff's bizarre antics.

    Also, the right person for the job will probably still be widely reviled here. But that's okay, too.

    --
    I don't believe in time. It's a grand conspiracy designed to sell watches.
    1. Re:The Right Person by Microlith · · Score: 1

      The right person for the job will be able to come up with witty comebacks to the TPB staff's bizarre antics.

      I wouldn't call them "bizzare antics" so much as rants fit for a 13 year old. Hard to come up with a witty response to what's essentially a screed of vulgarity and arrogance.

    2. Re:The Right Person by CopaceticOpus · · Score: 1

      The right person for the job would stand up and say that copyright has been taken much too far and is no longer about simply encouraging creative works. It has been extended far beyond what is reasonable, and these extensions exist to allow certain companies to profit by holding culture captive from the American public. The right person would be offended by this state of affairs, and would work to change it.

      Anyone else is either a fool or a shill.

  20. Sigh. It'sa bit depressing. by jollyreaper · · Score: 5, Funny

    I'm just hoping something like this will happen in the future.

    Biden returning from trip, eases himself down into a chair in the Oval Office.

    Obama: Long trip there, Joe? *hands him drink*

    Biden: Long trip, long visit, good to be back. Thanks. So, how are things back at the ranch?

    Obama: Fine, fine. The girls showed me something fairly remarkable on the internet.

    Biden: Kids today, whippersnappers et cetera. What was it, youbook or facespace?

    Obama: No, no. Something called bittorrent. Did you know there's all sorts of music online? And you can just download it!

    Biden: *looks wary* That's none of that file-sharing, is it?

    Obama: No, it's called bittorrent. All the kids are doing it.

    Biden: Sure it's not piracy?

    Obama: I just ordered our boys to blow the heads off of three pirates off of Somalia. I think I know piracy when I see it.

    Biden: Sure it's none of that p2b-er b2a um a2m or whatever it is?

    Obama: Nope. Bittorrent.

    Biden: Hmph. *takes a closer look* Hey, this is neat. Wonder why the Hollywood guys haven't built something like this.

    Meanwhile, in the White House IT office

    Tech 1: Hey, looks like someone's using bittorrent.

    Tech 2: Damn, I thought we blocked the port. Better fix it now before anyone notices.

    Tech 1: Better not. Did you see the IP on that one?

    Tech 2: Shit, you're right. I'm not going to be the one to tell the POTUS he can't play. Remember how pissed Cheney got after he spent all that time assuring everyone those emails were safely lost and whoops, we found the backups?

    Tech 1: *shudders* Tell me about it. I haven't seen anyone that mad since I "accidentally" deleted Rove's furry scat collection.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
    1. Re:Sigh. It'sa bit depressing. by db32 · · Score: 1

      Rove does look like he would be into some sick shit doesn't he?

      --
      The only change I can believe in is what I find in my couch cushions.
    2. Re:Sigh. It'sa bit depressing. by pete-classic · · Score: 2, Funny

      A2m. Classic.

      -Peter

  21. Can we drop all this "Czar" crap? by Anonymous Coward · · Score: 0, Interesting

    We're already becoming more and more like the old USSR every day. We don't need to be calling our non-elected leaders "czars."

    1. Re:Can we drop all this "Czar" crap? by hedwards · · Score: 4, Informative

      There were no "czars" in the Soviet Union, the last one was murdered at the start of the revolution.

    2. Re:Can we drop all this "Czar" crap? by Anonymous Coward · · Score: 1, Funny

      There were no "czars" in the Soviet Union, the last one was murdered at the start of the revolution.

      These "czars", among others would do well to take note of that.

    3. Re:Can we drop all this "Czar" crap? by Anonymous Coward · · Score: 0, Insightful

      Tell that to Stalin, Lenin or Putin... a czar is still a czar even if they want to be called something else.

    4. Re:Can we drop all this "Czar" crap? by Anonymous Coward · · Score: 0

      Actually, the Romanovs weren't executed at the start of either of 1917's revolutions. They weren't killed until July 1918.

      I think the point of the term is just to sound cool.

    5. Re:Can we drop all this "Czar" crap? by rolfwind · · Score: 2, Interesting

      There were no "czars" in the Soviet Union, the last one was murdered at the start of the revolution.

      Czar->Caesar->Kaiser aka Emperor

      I find it amusing, that for a country that went through a Revolution to throw the King's shackles off of us colonists, that we appoint "Czars" now to conduct war on every little indiscretion of the people.

    6. Re:Can we drop all this "Czar" crap? by srussia · · Score: 3, Informative

      There were no "czars" in the Soviet Union, the last one was murdered at the start of the revolution.

      There were, however, kommissars and that is what USian "czars" are.

      Oh noes! Now that Falco song is playing in my head! And I didn't pay for the right to reproduce that song!

      --
      Set your phasers on "funky"!
    7. Re:Can we drop all this "Czar" crap? by shutdown+-p+now · · Score: 0, Offtopic

      There were, however, kommissars and that is what USian "czars" are.

      You miss again. A "commissar" - when the title was still used (which was pretty much during Lenin & Stalin), it indicated a general position of authority on any level in the Party. Not just in the army, though those are by far the best known, but anywhere, up to the ministers (who were "people's commissars").

      USian "czars" are really just minor ministers, so I guess you could say it's relevant. But the word hasn't been used in that sense in the USSR for at least its last 40 years.

    8. Re:Can we drop all this "Czar" crap? by jonaskoelker · · Score: 1

      Oh noes! Now that Falco song is playing in my head!

      You better call Vienna, or you'll have Vienna Calling!

    9. Re:Can we drop all this "Czar" crap? by sumdumass · · Score: 1

      Czars is more of an expression created by the news media. No official office uses the term.

      It was used because we created cabinet positions appointed by but more or less independent from the administration to do certain things. These offices are not supposed to be political (pushing the administration's agenda) and are directed through passage of law. They aren't really Czars in the sense of a king or emperor.

    10. Re:Can we drop all this "Czar" crap? by dunkelfalke · · Score: 3, Informative

      Insightful my arse.

      You should learn a bit more about Lenin before you call him a czar. He was a true believer in communism and really tried to implement it in Russia. For example he abolished the passport because in his opinion it was a tool of a police state. On the one hand he forced the people to overcome illiteracy, on the other side he made lot of liberate policies like decriminalizing homosexuality and declaring the unconditional right of separation for national minorities.

      He also was afraid of the Communist Party becoming a large bureaucratic bog and he warned of Stalin becoming too powerful.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    11. Re:Can we drop all this "Czar" crap? by rolfwind · · Score: 1

      Czars is more of an expression created by the news media. No official office uses the term.

      We "will find the right person for intellectual property czar," Biden said.

      Now, I'll believe you that it isn't the formal language that the office uses, or press reports by the White House or the name of the position itself, they use other terms (Commissioner of ....), but the mentality is disturbing none the less.

    12. Re:Can we drop all this "Czar" crap? by Anonymous Coward · · Score: 0

      There were no "czars" in the Soviet Union, the last one was murdered at the start of the revolution.

      http://en.wikipedia.org/wiki/Czar

      Check russian section.. I didn't count but I saw more than "one" Tsar

    13. Re:Can we drop all this "Czar" crap? by dunkelfalke · · Score: 1

      Sure, but Nicholas II ceased to be a czar in 1917. He was forced to abdicate after the february revolution. When he was executed he was just a civilian. There were no monarchs in Russia afterwards.

      GP is also right that there were no czars in the soviet union since USSR was established in 1922 and Nicholas Romanov was executed in 1918, as you correctly stated.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    14. Re:Can we drop all this "Czar" crap? by dunkelfalke · · Score: 1

      You should recheck Wikipedia. The last russian monarch resigned 5 years before the soviet union came into existence.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    15. Re:Can we drop all this "Czar" crap? by An+ominous+Cow+art · · Score: 1

      Don't worry. Alles klar, Herr Kommissar.

  22. Why do we persist with the ridiculous term Czar? by TookyCat · · Score: 2, Insightful

    What is this, Russia?

  23. Pure Theft by Reed+Solomon · · Score: 1

    Is being elected by the people to bring change, and instead offering more of the same old hollywood criminals exactly what they want.

    1. Re:Pure Theft by Anonymous Coward · · Score: 0

      Welcome to the feeling of being used. You'll get over it.

    2. Re:Pure Theft by Reed+Solomon · · Score: 1

      oh I'm not a member of the democratic party or supporter of Obama, I saw this coming, especially when he selected Biden as his vice president, but all the same, his youthful volunteers did not, and will not like this.

  24. The RIGHT person? by lamadude · · Score: 1

    What a great idea! Much better than anything I could have come up with. Problem solved.

  25. Re:Why do we persist with the ridiculous term Czar by guyminuslife · · Score: 1

    You're right. We should stop calling them czars, comrade.

    --
    I don't believe in time. It's a grand conspiracy designed to sell watches.
  26. Re:politics by Anonymous Coward · · Score: 3, Informative

    I will remind you that it was a Democrat that signed the DMCA into law.

  27. Copyright is fine ... by Midnight+Thunder · · Score: 1

    Copyright is fine as long as it is not abused. The problem is that copyright holder are abusing the system and are doing anything in their power to prevent copyrighted work reach the public domain. If getting hold of copyrighted was easier legally, and affordably, then there would be less pirates, but there will always be pirates. One example I have of the difficulty of easily getting copyright affordably is the Farscape seasons. Whatever your opinion is of this series, you find yourself either not able to find season 1 because of distribution rights mess, or paying out of your nose for the seasons you can get hold of.

    I do buy media, though I just wait until it is in the price range of us mere mortals.

    So in many ways copyright is fine, but not the way it is now. As it is, it is just a license for big media to screw everyone with their extortionate practices. 70 year copyrights? So which creating artist is still alive to benefit from this?

    --
    Jumpstart the tartan drive.
  28. Irony by Ender77 · · Score: 1

    I like how they equate big business = "American People", while the people who are the REAL American people are considered criminals. Fuck the bribed government!

  29. Toilet Paper? by Anonymous Coward · · Score: 1, Insightful

    So is the administration stealing from toilet paper companies when they use the constitution to wipe their asses?

  30. In response, we promise ... by Anonymous Coward · · Score: 1, Insightful

    Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, assailed movie piracy, and promised film executives that the Obama administration would pick "the right person" as its copyright czar.

    In response, we promise to implement "the right protocol" to circumvent whatever the czar tries to do.

  31. Re:politics by hedwards · · Score: 2, Informative

    I will remind you that it was a Republican congress that wrote and voted for the DMCA bill.

  32. Re:politics by Burkin · · Score: 2, Informative

    And I will remind you that the DMCA was cosponsored in both houses by a Republican and very few of them voted against it.

  33. Re:Why do we persist with the ridiculous term Czar by ColdWetDog · · Score: 1

    In Soviet America...

    Wait.

    I think I'll just stop right here.

    --
    Faster! Faster! Faster would be better!
  34. Re:politics by Steauengeglase · · Score: 2, Informative

    Copyright was a small subject for the Bush administration, they were into energy and military spending.

    The congress on the other hand is littered with Democrats who have been propped up with entertainment dollars.

  35. Re:politics by Captain+Splendid · · Score: 2, Insightful

    Hollywood, in general, tends to support the left more than the right.

    It does neither. "Hollywood", for lack of a better term, is a business. Pretty much everything they do is predicated on making money, like any other business.

    --
    Linux, you magnificent bastard, I read the fucking manual!
  36. Before you freak by buss_error · · Score: 4, Insightful

    ...sit back, relax, and see who gets the post.

    We, as a consumer group, do have the power to stop RIAA and MPAA cold. How? Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies. It will take only about six months to completely destroy RIAA and MPAA if as few as 20% of the people do this.

    The real problem as I see it is that very few of you want to be rid of the RIAA and MPAA, you just don't like how they do business. That's fine, I don't like how they do business myself. That's why I don't have cable or sat, I don't listen to music on the radio, I don't go to movies, I don't buy movies or CDs....

    Put up or shut up folks. It's fine to complain, but do something about it, why don't you? The copyright cartels are paying the politicians far more than we do, and they're doing it with money we pay them. Quit paying them money to abridge your rights and desires.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    1. Re:Before you freak by Anonymous Coward · · Score: 0

      But it's so much easier to expect the government to solve our problems for us, and get completely hysterical when they don't.

      Honestly, did anyone really expect the copyright czar to concerned with anything other than copyright enforcement? Is the President supposed to flagrantly break the law and abolish copyright by royal edict?

      It's time to face the facts. The copyright game is set up a certain way and it's not going to change until the market dictates change. If we keep the demand up then we can be certain that nothing will ever change.

    2. Re:Before you freak by squidfood · · Score: 1

      Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies.

      I'm sorry, but bull. They have stolen something from us, the public, by locking it away from the public domain. It's like saying: "The thieves stole my car. I'm letting them keep it but I'll show them--I won't pay for their gas!"

      It's absurd. What we should have is proper and appropriate civil disobedience against institutionalized thievery. Conduct full and free exchange of anything more than 30 years old.

    3. Re:Before you freak by nesfreak64 · · Score: 1

      I already do that. The problem? They'd blame it on pirates.

    4. Re:Before you freak by Turidoth · · Score: 1

      I think many slashdotters already employ your strategy. I never watch TV, haven't bought a CD or gone to the movies in months, and the only radio I listen to is classical, but slashdotters only make up a tiny fraction of the whole population...

    5. Re:Before you freak by buss_error · · Score: 2, Insightful

      Squidfood, I'm afraid you've completely missed the point. Almost every move a person can legally make with their copyright feeds the maw of this monster. We don't have to break the law to break the cartel. If you choose to do so, you are giving cover to the RIAA/MPAA. "Lookit dem baddddd ol' PIE-RATES! See!? They's breakin' da LAW!!!"

      When, by simply refusing to play their game, you cut off their income from all but the blank media tax. And you can stop buying blank media too...

      It is a hydra - by cutting off it's head (illegal copying), two more heads spring forth. But if you STARVE the head.....

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    6. Re:Before you freak by buss_error · · Score: 2, Insightful

      I think many slashdotters already employ your strategy.
      .
      But /.'ers aren't 20% of the media market. So get the word out about why people should care.

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    7. Re:Before you freak by Anonymous Coward · · Score: 0

      Pone, Done, Done and Done. The rest of you, man up and put your money where your mouth is.

      the classical station. org and bocks on tape. No more cable, haven't bought a CD in 4 years and borrow movies from the Library or go to the dollar theater. My wife isn't happy about no cable, but we're saving $300 /mo and we're not subsidizing companies that attack our constitution.

    8. Re:Before you freak by CodeBuster · · Score: 2, Insightful

      It will take only about six months to completely destroy RIAA and MPAA if as few as 20% of the people do this.

      I have already been doing this for at least the last two (2) years. I have not bought a new CD since 1997 and I quit going to the movies (at least MPAA studio movies) and buying DVDs two (2) years ago (the only film I saw recently was an IMAX movie "Fighter Pilot" at the National Air and Space Museum Steven F Udvar-Hazy Center). I don't pirate the films or music either. I just turned them off; I don't listen anymore. I spend my free time on the Internet in study of various technical, political, economic, and scientific topics of interest and exercising outdoors and away from my desk. I hope the MAFIAA does fail and receives the comeuppance that they so richly deserve.

    9. Re:Before you freak by Anonymous Coward · · Score: 0

      Sorry, this has already happened.

      I haven't watched TV in years. Not for some high-brow reason, I just don't have the time for it anymore. About a year ago I found out my tvtuner is dead and haven't replaced it. Radio? Not used it in over a decade.

      Only movies I go to are the occasional off-off-off-art-house stuff and then only because a friend of mine is into it.

      With gaming, coding and real life, I just ain't got the time for this entertainment anymore and judging by viewing figures a LOT of other relatively young males are feeling the same way. TV viewing has dropped.

      The problem is that the MPAA/RIAA don't translate drops in sales with less demand for their product, they instead find another culprit (piracy) to blaim.

      Piracy of content has always existed. It is unrelated to sales as those who pirate NEVER BOUGHT STUFF IN THE FIRST PLACE. People have copied for as long as copying has been possible. Sadly, not only does the RIAA/MPAA not realize that, they think the extraordinary sales years where the content could not be copied easily (think CD's on dial-up, HD-movies on capped broadband) are the norm for sales.

      CD's especially caused a huge boom as people replaced their LP's and cassetes with CD's. That stopped and things have never been the same since.

      Couple that with a supply of content that just doesn't appeal to people who just buy stuff because they got plenty of disposable cash and you need to find someone to blaim. They can either admit their content doesn't appeal to the audience with money, or blame someone else. Guess what they picked?

      If you really want to see why CD sales are down, look at the supply of content like Jazz or classical music. Do you really think your average Jazz fan cares to use bittorent? Nope, release a good album and it is money in the bank. Solid dependable money, not a fortune but enough to make a living for a lot of people.

      But that ain't exactly what the RIAA has been selling of late.

    10. Re:Before you freak by DigiShaman · · Score: 1

      We, as a consumer group, do have the power to stop RIAA and MPAA cold. How? Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies. It will take only about six months to completely destroy RIAA and MPAA if as few as 20% of the people do this

      I'm willing to bet it would to the exact opposite.

      Once their profits start to plummet, they will blame it on piracy even if that excuse is bogus. Being that the RIAA and MPAA have Washington DC in their back pocket, they will urge for more laws and regulations to be passed in their favor.

      Basically, RIAA and MPAA will act like SCO. Paint them into a corner and they will lash out violently. The last thing the RIAA and MPAA will do is fade away quietly into the abyss.

      --
      Life is not for the lazy.
    11. Re:Before you freak by spud.dups · · Score: 1

      Second that. There is a lot of good material out there that is not provided by the RIAA and MPAA. You just have to look a little harder for it. If we start demanding content that is not protected in such crazy ways, then that's what stores will begin to provide. It's a business, and they're in it to make money.

    12. Re:Before you freak by CSMatt · · Score: 1

      Unfortunately, traditional methods like that won't work here. If enough people do this to cause a significant dent in revenue, the RIAA and MPAA will blame it all on "piracy" and only use it to continue to fuel their cause even further.

      Doing the reverse won't help either. Surges in revenue will only give them the ability to say "See, our tactics are working" or "We're making progress, but we have to ramp it up."

      PS: I fail to understand why listening to the radio is counterproductive, but buying used CDs is not.

    13. Re:Before you freak by squidfood · · Score: 1

      "Lookit dem baddddd ol' PIE-RATES! See!? They's breakin' da LAW!!!"

      No, you miss the point. I refuse to hide from a bully who's stealing what's rightfully mine. If a corporation profited from a copyright for, say, 30 years, then it's mine, it's yours, it's everyone's, it's part of our culture and not part of their monopoly. I should be able to use a 1967 Disney movie the way Disney at the time used stories of a similar age.

      If an unjust law protects the bully, I prefer to stand up and say "lookit how this baaddd law is criminalizing ordinary people who are trying to reclaim parts of the culture that belong to them."

    14. Re:Before you freak by mqduck · · Score: 1

      We, as a consumer group, do have the power to stop RIAA and MPAA cold. How? Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies.

      But how are we ever going to get the latest songs and movies without paying for them???

      --
      Property is theft.
    15. Re:Before you freak by Opportunist · · Score: 1

      While generally, in a pure free market world, you would be right, I doubt this will happen. What would happen, IMO?

      What already is happening. The studios faced big sales slumps and the reaction was to call for tighter laws. They started suing left and right with little, if any, evidence. The sales drop is allegedly due to "piracy" (even though I dunno how suing kids will stop those bastards around Somalia from hijacking your containers with the CDs you pressed in China... but I ramble), personally, I guess it's more due to kids having a lot more to spend their money on than clothes and music, like in my time, with cellphones and videogames entering our kids' world.

      So we need tighter laws. We need a levy on things that can be used to copy content (we pay a "music industry tax" (ok, ok, it's called a "copyright fee", but a turd by another name...) on every CDR, hard drive, USB stick, photocopy machine, fax machine, printer, and until it has been turned over, even computers. And so on). Still fewer people buying? We need a "copyright tax" to compensate for all the stuff people copy. They have to copy! How we know? Easily, they don't buy it!

      And if everything fails, they'll just ask for bailouts. Think they don't feel entitled? They effing feel entitled to get laws changed in their favor, why'd you think they'd stop at taxpayer money?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:Before you freak by Jaysyn · · Score: 1

      Welcome to the club. I've been doing this for going on 9 years now.

      --
      There is a war going on for your mind.
    17. Re:Before you freak by Anonymous Coward · · Score: 0
      Did somebody ask for a cynic?

      We, as a consumer group, do have the power to stop RIAA and MPAA cold. How? Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies. It will take only about six months to completely destroy RIAA and MPAA if as few as 20% of the people do this.

      Ok, here we go, if this happens, RIAA and MPAA will just assume the reason this 20% is not paying them is because they are pirating like heck, and will issue lawsuits over this "evidence", they might lose 99% of these suits, but nothing will stop them, and with the 1% suits won, they will get twice as much money as the money they lost.

    18. Re:Before you freak by TractorBarry · · Score: 1

      > We, as a consumer group, do have the power to stop RIAA and MPAA cold. How? Stop listening to music on the radio, don't buy any new CDs (used is fine), turn off your TV (and cable/sat/uverse), and don't go to the movies. I

      I already did this a decade ago. Not out of any spirit of protest it's just that > 90% of everything they ever seem to broadcast is crap and a waste of my time. One of the best moves I ever made.

      --
      Sky subscribers are morons. They pay to be advertised at !
    19. Re:Before you freak by wurp · · Score: 1

      I've had this argument. I was stumped.

      I'm an ordinary person, who maybe plays on the internet for an hour a day but generally doesn't care about copyright issues. Explain to me why the duration of copyright, DMCA, etc. matter to me, without boring me to tears. I.e. explain it while entertaining me or making me see an immediate threat to my interests in two sentences or less.

      Most people don't have the background to know why they should care about copyright.

    20. Re:Before you freak by An+ominous+Cow+art · · Score: 1

      As for myself, I've bought only used CDs for the last 10 years or so (with the exception of Weird Al's and Rush's new stuff - and a couple of CDs purchased directly from local performers).

      My movie-going declined very sharply 5 or so years ago when commercials (for shoes, cars, drinks, etc - I'm not talking about coming attractions/trailers) began being played before movies. I began going to a restaurant-theater which didn't do that, but they're dead to me now too since they recently began playing loud voice-over advertising before the movie starts. So, I'll probably never set foot in a cinema again. I do rent stuff through Netflix.

      I listen to probably 50% music and 50% NPR on the radio. The RIAA companies don't really benefit from me doing this.

    21. Re:Before you freak by buss_error · · Score: 1
      If an unjust law protects the bully, I prefer to stand up and say "lookit how this baaddd law is criminalizing ordinary people who are trying to reclaim parts of the culture that belong to them."

      .
      No, I got that part. What I'm saying is that while breaking a bad law is one way to protest it, in this case, it doesn't need that. Simply not playing their game makes them go away. How hard, in a post RIAA/MPAA world, do you think it would be to change the copyright limit back to 20 or 30 years? I'm thinking the answer to that one is "not hard at all."

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  37. I nominate... by Anonymous Coward · · Score: 1

    Richard Stallman! Seriously, he'd be the best man for the job.

  38. Re:Why do we persist with the ridiculous term Czar by Nutria · · Score: 1

    Why?

    Because most people don't mind being told what to do. (Republican democracy has only taken up 2% of the 10,000 years since humans invented agriculture, and still most of the people in the world are ruled by unelected or sham-elected governments. Heck, even the US is sliding into totalitarianism.)

    --
    "I don't know, therefore Aliens" Wafflebox1
  39. Who has the gall to be surprised?! by erroneus · · Score: 1

    It will be an MPAA lawyer. Let's move on now? I hear Sweden is opening its borders to U.S. "defectors."

    1. Re:Who has the gall to be surprised?! by Bwerf · · Score: 1

      I don't sweden is where you want to move if you want to fileshare right now. We just implemented something called IPRED http://en.wikipedia.org/wiki/IPRED . Basically it allows IP-owners to demand the logs from ISPs, without talking to the police/court, and makes it illegal to download copyrighted material (as opposed to giving it to someone else).

      --
      If noone rtfa, then what's the slashdot effect?
  40. Re:politics by WgT2 · · Score: 2, Insightful

    Please, let me inflame: Are you so left that the rest of us look like center?

    Hollywood is a business. It is also very liberal in its views.

  41. Re:politics by SignalFreq · · Score: 5, Informative

    I will remind you that it was a Democrat that signed the DMCA into law.

    Yep. Under a Republican House and Senate.

    And it was Introduced by:
    Howard Coble, N.C.-R
    Henry Hyde, Illinois-R
    John Conyers, Michigan-D
    Barney Frank, Mass.-D

    Also sponsored by:

    Sonny Bono, Cali-R
    Bill McCollum, Fl-R
    Howard Berman, Cali-D
    Mary Bono, Cali-R
    Bill Paxon, NY-R
    Chip Pickering, Miss-R

    The bill passed:
    The House 297-112, Republicans: 205 Yes, 16 No, Democrats 92 Yes, 95 No
    The Senate 99-0, Republicans 54 Yes, Democrats 45 Yes

    http://projects.washingtonpost.com/congress/105/house/2/votes/69/
    http://projects.washingtonpost.com/congress/105/senate/2/votes/137/

    So yeah, looks like Hollywood spread the donations around to both parties. At least more than half of the House Democrats voted no.

  42. Re:Why do we persist with the ridiculous term Czar by clarkkent09 · · Score: 5, Funny

    They used Fuhrer at first but it proved unpopular

    --
    Negative moral value of force outweighs the positive value of good intentions.
  43. Czar??? by mister_playboy · · Score: 1, Insightful

    Does anyone else find it disturbing we now have people in the US gov't we refer to as "czars"? WTF.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
  44. It belongs in a museum! by IAD.Tatami · · Score: 3, Funny

    Obviously, nothing should enter the public domain until it is dug from the ground by an archaeologist.

    1. Re:It belongs in a museum! by broken_chaos · · Score: 3, Insightful

      Are you joking? The archeologist must have copyright then.

    2. Re:It belongs in a museum! by Tuoqui · · Score: 1

      What you dont know that they've extended copyright to cover ancient artifacts and national treasures for an infinite period of time? Longest Copyright extension ever.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  45. Hmmmm. by Anonymous Coward · · Score: 0

    Just yesterday I was thinking that we were in better position because of neo-cons being gone, and with Obama in charge. If Obama is turning this copyright crap over to biden, we may be in for a LOT of fighting. Kind of sux.

  46. I'm not entirely sure by Nefarious+Wheel · · Score: 1

    I'm not entirely sure that Obama's push on IP is driven entirely by Hollywood. Maybe in part it's solidarity with Biden and maybe not, but I've always felt Barack to be the sort to push his own agenda over anyone else's. His big drive is to fix the economy and fix health, which are personal. And a strong IP is the only way an economy that's moved from agrarian to industrial to informational can survive. That is, if you don't have resources, you don't have manufacturing, what are you as a country going to be able to peddle?? I think he sees that. RIAA is a very bad source to pull people from, though. I don't care how good they are, they'll never be able to wash the algae off.

    --
    Do not mock my vision of impractical footwear
    1. Re:I'm not entirely sure by Anonymous Coward · · Score: 0

      if you don't have resources, you don't have manufacturing, what are you as a country going to be able to peddle??

      So basically, you want to sell collect bills to the world?

      It is a very shaky position. If you can't physically control the goods you sell, you can't "turn the tap off" on it. What are you going to do if some big-ass nuclear club country refuses to pay? You'll have to go to war for royalties and you apparently don't have neither resources nor manufacturing to support your wars.

      It is all wrong, the whole idea of "IP" based economy is vapor. You need to correct the foreign currency exchange rates and make manufacturing in your own country affordable again. For an wannabe IP mill, you don't have big enough percent of competent, creative people. If there was such an undepletable source of creative talent, there wouldn't be a notion of IP in the first place, no scarcity. So, you expect one in, say, a thousand to feed the rest (real-estate salespeople, cars salespeople, importers, bankers, insurance policy salespeople, other "preventers" and middlemen)? It is too great of a burden upon their shoulders and certainly somewhere else in the world there is a population with the same percentage of smart people who can do the same for less, because their economy is supported by other contributors (manufacturing, etc.) as well. You know what ensues - OUTSOURCING the IP production! Back to the square one...

  47. why does anyone care? by circletimessquare · · Score: 4, Interesting

    all we have are a bunch of old people who don't understand the implications of a new technology

    copyright is nothing more than damage to be routed around, and that's what the internet does

    let them pass any law, appoint any stooge they want. why does anyone here care?

    the whole of intellectual property is simply defunct and unenforceable

    now, if they actually could enforce the laws they pass, then this would be an issue

    but they can't. they simply can't. they can bankrupt the occasional grandmother or soccer mom, but to what end?

    the technology routes around whatever they do

    game over

    copyright has died. it does matter what anyone thinks, it matters what the technology allows. and the technology allows unfilterable file trading. no one can stop that. no law on earth, that does also destroy the technology as well, which no one wants to do

    all that is happening is a bunch of people live in denial about the truth of a new technological reality

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:why does anyone care? by Turidoth · · Score: 1

      I think the answer is technology to the rescue: people will pay if they feel the quality is there. For example, I pay for Orson Scott Card's books and web content, not because I'm lazy and don't want to get it from the library or some other zero-cost source, but because I want to pay, I take pride in owning a fine piece of work, I think he deserves a new pair of pants, etc. Have you ever torrented something, and said afterwards, "wow that was good. I wonder if there's a paypal account I could pay" and after an hour of trying, give up? We need a merit-based entertainment economy, where payment works like tips - tip as much as the service provider deserves, after the service is rendered.

    2. Re:why does anyone care? by quantaman · · Score: 2, Insightful

      You seem to be operating under the assumption that a bad law can't cause a lot of damage.

      Kids are being extorted for thousands by the RIAA.

      Old movies and other pieces of our culture are rotting away because they're still under copyright and no one can recover them.

      Countries are considering laws to remove your internet privileges for file sharing.

      People are having to waste countless time and resources fighting them and working around the laws.

      And we don't even know what great technologies the law has stopped. The next YouTube? The next Google?

      Jumping through a few loops to play DVDs on Linux is the least of our worries, these laws could get a lot worse, and they will if whichever RIAA lackey Obama appoints gets his way.

      Just because they can't win doesn't mean we don't lose.

      --
      I stole this Sig
    3. Re:why does anyone care? by Anonymous Coward · · Score: 0

      Because while individuals can relatively easily ignore copyright law, the same is not true of businesses. Copyright and patent laws like any of the recommendations thrown around on Slashdot would have a massive effect on the related industries. Imagine no software patents and 5-10 year copyright (yes, extreme). Suddenly Windows XP would be public domain (binary, not source) and could get community produced binary patches for future security fixes. ReactOS and Wine could much more easily get information out of it about the Windows libraries (and legally include older Windows DLLs for functionality that has not yet been recreated in open source code). Public performance licenses for music would be dead except for establishments like clubs wanting to play the latest hits. Old music and movie clips could be freely used in new creative works. IP laws are drag on the economy with the theory that they will encourage creative works enough that that will be worth it.

    4. Re:why does anyone care? by CSMatt · · Score: 2, Insightful

      I'm sure the "occasional grandmother or soccer mom" that was bankrupted cares about this very much.

    5. Re:why does anyone care? by Late+Adopter · · Score: 1

      Because if it were just about copyright, you'd be right, but it's not. Bad laws like the DMCA have unintended effects that hurt the rest of us even when we're not doing a damn thing with the cartels' media. And all this while the pirates still do whatever the hell they feel like. I wish Hollywood and Washington would stop harassing so many of us in this quixotic campaign to get at so few.

  48. well, yeah - it's cause nobody gives a shit by Reality+Master+201 · · Score: 4, Insightful

    Yeah, so it turns out that absent any major concern on the part of the electorate, politicians listen to the people who talk to them the loudest - folks with money to lobby them. And while this site is chock full of people who like to write righteous screeds about the injustices of copyright law, most people in the US don't give a shit about copyright law.

    Let me repeat that: most people in the US don't give a shit about copyright law.

    They don't know, don't pay attention, haven't had it be a problem for them, and don't care. Go and ask your parents, or your non-tech savvy siblings, or whomever else. Most, if not all of them, won't know or care. And the reason for that is because nearly all the people that do care spend their time writing righteous screeds about it on Slashdot.

    If you want to make a difference, sure - complain about it, but not here. Complain about it to your congresscritters; but not just them - you've got to make other people give a shit, and that means talking to someone who's not here to listen to the preaching at choir practice.

    If normal people start giving a shit, politicians will change their tune, because that's how politics works. So get the fuck off Slashdot and go talk to regular people who don't know and don't care, and inform them and get them to give a shit. It does matter, and you can convince people that it matters. But you have to actually do some work.

    1. Re:well, yeah - it's cause nobody gives a shit by Dhalka226 · · Score: 3, Insightful

      They don't know, don't pay attention, haven't had it be a problem for them, and don't care.

      On the contrary, most of them just disagree. We spend hours on slashdot yelling over the semantics of calling it "theft," and ultimately we're probably right. But the average person doesn't really give a shit. You've taken something that wasn't being offered for free and you didn't pay for it; that's close enough to theft that they really don't care what the semantic argument is. You have the artist's product and they don't have your money. Call it what you will. So far as the ridiculous size of the judgments, most people would likely agree it's excessive... and then proceed not to care.

      The US has become a society where we actively encourage harsh punishments for tiny crimes, in an effort to be "tough on crime." These same people will agree it's too much and then say "but it's their own damn fault." That's how we are as a society; you can see it refelcted in all sorts of laws, not just copyright infringement issues. Look at the penalties for pot, or just about any crime involving a child. Circumstances be damned, lock those fuckers up!

      Yeah, so it turns out that absent any major concern on the part of the electorate, politicians listen to the people who talk to them the loudest - folks with money to lobby them.

      On the other hand, we tend to oversimplify the issue here. Even if we're exactly right about all these ills of copyright terms and penalties, it's now the basis of our economy. Want to work in a factory here? You pretty well can't, and what few ones still exist are struggling bad. Those jobs have moved overseas. What we have left here in the US falls into two categories: 1) Service industries and 2) shit that involves copyright. Politicians are not going to write off half the economy on the hope that your ability to use Mickey Mouse in your films somehow makes more money than Disney using it. This is why we work so hard to force other countries around the world to adopt as similar a copyright scheme to us as possible; our own economy depends on strong copyright law, here and abroad.

      In a lot of ways, the politicians are being more practical than us. We're arguing semantics or debating whether or not something technically meets the merits of "promot[ing] the progress of science and useful arts." They're talking about what happens to our economy if we release or ignore copyright protections. And while I come down more on /.'s side than politicians on copyright issues (hard to tell from this post, I know!) I'm compelled to admit that I have no good answer to that question. At best I have some idealist hopes of some new, sweeping and all-powerful creative movement swallowing up all that content and spitting out item after item of great alternatives, such that nobody ever misses a beat. But I have no particular reason to believe it would be so.

      You're right: Money talks. It needn't be some ill-design of lobbying or bribes or corruption. In this case they're protecting economic value (and thus tax revenues). If anybody thought Obama would suddenly strike copyright down where it stood, they very seriously deluded themselves.

    2. Re:well, yeah - it's cause nobody gives a shit by Opportunist · · Score: 1

      Tried that. Failed. Most people do have "real" problems and don't care for very virtual ones. They also don't understand. You have no idea how often the reply is "oh c'mon, they just CANNOT do THAT!" when I told them the news about a law that's either discussed or already in effect. The infamous "three strikes" laws in France? You literally have to SHOW people that they really, really DID that, and yet the reply is "oh c'mon, they CANNOT do that here".

      Most people don't understand copyright. And the older they are, the less they understand it. They grew up with 8track and/or Beta/VHS, and they're used to copying. They also assume that copying is trivial and cannot really be disallowed. It's anything but trivial to explain to an older relative that no, you can NOT copy that DVD. Yes, you have a DVD writer and you have this DVD-R, but you still cannot copy it. Yes, programs that can do that exist but you would break the law.

      Guess what the answer is. Right: "C'mon, they CANNOT outlaw THAT!"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:well, yeah - it's cause nobody gives a shit by Reality+Master+201 · · Score: 1

      None of what you write is surprising, unexpected, or particularly different from my own experience.

      But that's why I said that people here at Slashdot need to do some work. When they say "C'mon, they CANNOT outlaw THAT," you have to be ready to say "They can, they have, and here's an article that shows that and the effects it had."

    4. Re:well, yeah - it's cause nobody gives a shit by Opportunist · · Score: 1

      Did that. Response: "Oh c'mon, that's certainly blown out of proportion. That can't be serious. That won't get into law THIS way."

      No, pointing out that it's not, that it is and that it already GOT into law right that way will not be believed.

      I give them that some of the shit that's pulled really sounds outlandish. I just haven't found a way to prove that yes, those laws are so completely out of touch with reality and yes, they are serious and real.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:well, yeah - it's cause nobody gives a shit by Uberbah · · Score: 1

      We spend hours on slashdot yelling over the semantics of calling it "theft," and ultimately we're probably right.

      Yes, minus the "probably" part.

      You've taken something that wasn't being offered for free and you didn't pay for it; that's close enough to theft that they really don't care what the semantic argument is.

      Says who? Just ask Mr. Smoe what would impact him more:

      1) Someone breaks into his house and steals all his stuff.
      2) Someone breaks into his house and makes a copy of his stuff so all his belongings are intact.

      Now take out the trespassing, breaking & entering, and you have copyright infringement. Copyright infringement vs theft is as much a matter of "semantics" as the difference between mountains and molehills is a matter of "perspective".

  49. Biden == Corrupt by CuteSteveJobs · · Score: 4, Informative

    It's a fair bet when Biden cries for the artists, this isn't the sort of artist he cries for. More examples of artists (real artists, not corporations posing as artists) being ripped off here:
    http://en.wikipedia.org/wiki/Hollywood_accounting

    The Investment Theory of Politics says the best predictor of government policy is who the donors are. The RIAA donated both to the Dems and the Republicans. Whoever wins, we lose. They're getting the laws they paid for. Not anyone else you can vote for. Obama's campaign made a big deal about how he was funded by small donors, but 2/3rds of his income was from corporate interests.

    Here's another example, the one of congress taking rights away from the public and giving them to corporations. In compensation for this you get NOTHING. YOU GET NOTHING! GOOD DAY TO YOU SIR!:

    http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

    Biden makes me sick.

    1. Re:Biden == Corrupt by Reziac · · Score: 1

      Hollywood accounting would make any mobster proud of his organisation...

      And you gotta wonder, if movies always lose money, why do the studios stay in business? Hmmmm???

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Biden == Corrupt by Anonymous Coward · · Score: 0

      Hollywood accounting would make any mobster proud of his organisation...

      Actually, the mob created Hollywood back then. MAFIAA is not just a witty word play, mobsters have been using entertainment industry for money-laundering since the 1920's (when you have too much of "hot" money on your hands, you need high profit margins to cover it).

      After Kennedy brothers assassinations, no politician dared to not comply to their demands. No amount of democratic leverage would succeed in purging this snake nests. In fact, if it could, the lives of free culture's most prominent proponents would be put on the line.

      Yes, you can start despairing now, or you can start parting with commercially provided entertainment any way you can: abstaining from it, substituting it, ignoring it, rolling your own. MAFIAAs are like a tapeworm, you need to keep strict and persistent diet to starve them off. Remember how Gandhi won India from British Empire - salt from the sea and the hand-cranked weaving wheel.

      Pirating is not good enough, it doesn't actually hurt them, it only gives them more power, gives them "righteousness". You need to not consume it, not even if you get it legally for free, and you need to do it loudly - express your rejection, boycott broadcasts, complain to radio stations, write to artists and tell them you are not listening to their records and you are not even going to come on their live concerts, resist temptation go to movie theaters, if a radio show gives away tickets in promotion, phone them and when you are on the air, tell to the public you are not going to go, because entertainment industry turns your elected representatives against you and against your freedom and you don't need nor want their stinky entertainment if that is the price of it.

      Make the buzz, stir the masses, proclaim the cause, bring the message across.

    3. Re:Biden == Corrupt by Opportunist · · Score: 1

      The whole system makes me sick.

      Why don't we make a club, pool our money and buy ourselves a few congressmen? Judging from the way the system usually works, they're for sale. Or at least for rent.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Biden == Corrupt by Xerolooper · · Score: 1

      It's a fair bet when Biden cries for the artists, this isn't the sort of artist he cries for. More examples of artists (real artists, not corporations posing as artists) being ripped off here: http://en.wikipedia.org/wiki/Hollywood_accounting

      ...

      That is the greatest idea I have ever seen. Those "Hollywood Accountants" are geniuses. Now I just need to figure out a way to apply that to my life. I joke I joke. I actually knew a guy who did just that. He formed a limited liability company and when he got hired at a normal job it was as a contractor. The llc then paid his rent and food and car. This was supposed to save him money on taxes but instead he got a nice audit from the IRS. lol

      --
      "The stupid neither forgive nor forget; the naive forgive and forget; the wise forgive but do not forget." -Thomas Szasz
  50. Funny, is it not by WindBourne · · Score: 2, Insightful

    DMCA was authored, introduced, had almost UNANIMOUS support from the pubs, with split support from the house dems. But the one that it is attributed to is Clinton. I love the rewrites of history that goes on ALL THE TIME.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  51. Says the plagiarist by Anonymous Coward · · Score: 0

    Nice coming from Biden, who flunked a course in law school for turning in a stolen paper.

  52. Re:politics by nametaken · · Score: 1

    All my usual politics aside, it seems to me that both parties are deep in the pocket of the **AA's.

  53. Careful now! by uffe_nordholm · · Score: 1

    I think the USA should be careful when it comes to copyright. Not necessarily the copyright itself, but what official representatives say and do about it.

    The reason is that copyright infringement is a civil matter in court. This, combined with the fact that all parties are supposed to pay their own lawyer expenses and the low damages given for unregistered work means that residents of the USA can very easily infringe on the copyright of foreigners and then hide behind the law.

    What's that, you don't believe me? OK, then read this discussion: http://photo.net/business-photography-forum/00T5B5 . I am the starter of the discussion, and have had one of my photographs published by Jay Klusky and Duke University (or an employee/student of that university), both inside the USA. I live outside USA, and as far as I can tell the effects of the US legal system is that by standing up to defend my copyright I will loose money. Why bother, then?

    1. Re:Careful now! by Anonymous Coward · · Score: 0

      The best part is that it's a terrible photo that anyone could have taken. Truly that photo stretches the definition of "creative work". At best it could be used in a low quality selection of stock photos given away as a sampler.

      My judgment is that you deserve $15/hr, but only for the length of time the shutter was open.

  54. I can see the future now... by Q-Hack! · · Score: 0

    I predict that I will be laughing at all the folks who voted for this administration. All in hoping for a change of there leadership being towed by big business.

    Ha! Ha! ...Sorry, I can't help myself...

    --
    Some days I get the sinking feeling Orwell was an optimist.
  55. The *REAL* Question..... by IHC+Navistar · · Score: 3, Insightful

    "Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, assailed movie piracy, and promised film executives that the Obama administration would pick "the right person" as its copyright czar."

    ----- The right person for *who*? THAT is the real question people should be asking.

    The 'right person' for the people, or the RIAA and MPAA?

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
    1. Re:The *REAL* Question..... by dugeen · · Score: 0, Offtopic

      IDIOTS: invade and colonise someone else's country and see what happens.

    2. Re:The *REAL* Question..... by raventh1 · · Score: 1

      Exactly the question that should be asked.

  56. Re:politics by youn · · Score: 0

    innocent question... I'm assuming you are talking about the triple A? getting people to the right place when they're stuck in a bad situation, right?... I didnt know it covered the economy? :p

    --
    Never antropomorphize computers, they do not like that :p
  57. well you should pay for his books by circletimessquare · · Score: 1

    since they are real world objects. you can steal an object

    as for purchasing his digital content, this is called the tip jar. nothing wrong with that. but there's no coercion involved. you do it because you want, to, not because you are forced to. totally different dynamic

    as for the rest of what you say, you are completely wrong. the way it works economically now is a band puts there stuff out there, for free. and they make money when people show up at their concerts and pay a covercharge/ entrace fee/ ticket to get in. and they do advertising. and they do other specialty ancillary stream for revenue

    but anything on the web, anything digital, is nothing more than the equivalent of a sales flier. theres no way to monetize that, so its just free advertising

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:well you should pay for his books by Clovis42 · · Score: 1

      as for the rest of what you say, you are completely wrong. the way it works economically now is a band puts there stuff out there, for free. and they make money when people show up at their concerts and pay a covercharge/ entrace fee/ ticket to get in.

      So, what you are saying is that games and movies are screwed, right? I don't really want to go see Valve designing or playing Half-Life 2 at a concert. They can still survive on the "tip jar" system, but I can't see this not creating a huge drop in revenue. This means no more multi-million $ movies and games. There are definitely plenty low-budget indie films and games. Er, well, in the game category there are a few at least (braid, goo, etc.). But I definitely want to see big budget stuff. I guess there is no solution though, huh?

      --
      Clovis
      ^ Clovis, look! It's that guy you are!
  58. Obama has more Czars than the Romanov Dynasty by Anonymous Coward · · Score: 0

    Obama has more Czars than the Romanov Dynasty.

  59. then wage war by circletimessquare · · Score: 1

    if some great silver age content is smouldering in some warehouse because assholes don't understand that they would get more ancillary revenue from that material if people could actually fucking use it, then liberate it

    "Countries are considering laws to remove your internet privileges for file sharing."

    you do understand this is impossible and ridiculous right? the technology can just obfuscate the activity and masquerade it as allowed activity. as long as it is legal in some other country, game over. on the internet, legal somewhere is legal everywhere

    "People are having to waste countless time and resources fighting them and working around the laws."

    you always have to pay some sort of tax for assholes in your life who don't get it. nothing changes this reality

    "And we don't even know what great technologies the law has stopped. The next YouTube? The next Google?"

    we have yahoo and google. if the technologyi sreally useful to someone, do you really think some stupid law written by fools who don't understand the technology will stop it? your supposition is logically impossible. no one, especially clueless idiots, make laws against things they don't understand, nevermid no one else. the best the idiots can do is actually shut down the internet. and no one will allow that. with the internet, its all or nothing. and any attempts to gum up the works is just routed around, masked, obfuscated, bounced, whatever

    "Just because they can't win doesn't mean we don't lose."

    this is just the state of the world. no one has ever lived, or who has ever lived, who is not limited in some way by the fools on their environment. by the same token, each of us is enabled by other people in our enviroment as well. the other people in your life represent sources of enabling you, and sources of stroppping you. you just have to learn how to navigate your world

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:then wage war by Opportunist · · Score: 1

      the technology can just obfuscate the activity and masquerade it as allowed activity. as long as it is legal in some other country, game over. on the internet, legal somewhere is legal everywhere

      I guess you don't understand the implication here. You are found out breaking copyright laws, your ISP is to cut your line and no ISP in the country is to give you access to the internet. Unless you move abroad or find a way to hijack someone else's internet access, you're off the net.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  60. Re:politics by pete6677 · · Score: 2, Informative

    There is plenty of evidence that the DMCA enjoyed bi-partisan support. Anyone claiming its all the fault of Democrats or all the fault of Republicans is just a partisan party hack.

    The U.S. government is basically a one-party system anymore.

  61. IP freely by bussdriver · · Score: 1

    I.P. is propaganda plain and simple.

    You give them a huge advantage just by starting from the perspective that it is property. Characterizing the intangible as tangible.

    The system was created more reasonably for the purposes of promoting the betterment of society; it has only drifted further from that with time... In addition, much of the "products" have become largely vapid if not harming society (Monsanto or large NiMH batteries for example.)

    Music existed before copyright law.
    Open Source exists without profit.
    Books are better on paper for most people.
    Films existed before VHS and BETA.
    Shakespeare existed before Film and made a living.
    Inventors existed before patents; universities and the military discovered MOST our technology from outside the "I.P." mentality.

    Corporatism means government protecting business from progress and its customers; at its own request. Did the trains stop cars? What about the ICEMAN? What about the Whip makers? They have been reduced to supplying niche markets... Record Producers are dated ("Record" in the title should be a give away.)

    Beside all that, are our lives actually all that greater from all these things they claim wouldn't have existed without I.P? I love some music, but I could have lived without it; possibly better.

    Beyond all of this, the world is overpopulated and we must create over-consumption in order to provide employment for so many people. So we engineer a society who's primary function is consumption (demand side, not supply.) I've heard to maintain an EU quality lifestyle the world can only handle 2 billion people.

    1. Re:IP freely by ssintercept · · Score: 2, Interesting

      i dont know why you got modded troll at all.
      there are some out there ideas (at the end "the world can only handle 2 billion people.") but the general theory is valid.
      in my opinion, copyright is the same thing as creating a monopoly on an idea.
      that in itself is ridiculous.
      if you want an idea all for yourself-don't publish it (in a book or a movie or in song etc.)
      i have to say that once an idea (read as Intellectual Property) is released into the wild, anyone has the chance to use, expound upon, derive, refine that idea.
      copyright is unnatural and harms society as a whole with its restrictiveness. it exists not to protect ideas but to protect profit (monetary profit that is).

      --
      "You can kill the revolutionary, but you can't kill the revolution."-- Fred Hampton
    2. Re:IP freely by Anonymous Coward · · Score: 0

      i dont know why you got modded troll at all.

      I fixed it. It was not a troll.

    3. Re:IP freely by Opportunist · · Score: 1

      Ohhh, you gave me an idea for a T-Shirt slogan:

      I P on I.P.

      Gotta write thinkgeek...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:IP freely by bussdriver · · Score: 1

      I am not surprised by the TROLL, if you contain too many ideas in a posting you are bound to hurt the posting. Especially if you try to be as short as possible on each concept.

      To clarify:

      Open Source can have a business model, but it is not based upon production but upon a service; therefore, it does not make I.P. money.

      I am not for extreme consumption simply to compensate for the fact we can't restrain our reproduction. Its the larger issue nobody will talk about but is at the heart of the panic to create and protect job markets to fulfill an increasing demand (aside from the rich and powerful maintaining their power.)

  62. Re:politics by spud.dups · · Score: 1

    So, what I'm gathering from this is that most, if not all, politicians are corrupt and there to make another buck? Sick joke if you ask me. They're already living in the top .1% of American income off our tax dollars, then they screw the producers to make some more money. Why haven't we revolted yet?

  63. Re:politics by I+cant+believe+its+n · · Score: 1

    Slashdotters in general may not know an awful lot about the particulars of copyright law.
    However, they do understand why it was written in the first place and why it now needs to change.

    --
    She made the willows dance
  64. Re:Why do we persist with the ridiculous term Czar by shutdown+-p+now · · Score: 1

    What is this, Russia?

    Not yet.

    Though if they insisted on using a Russian word, they might have as well used the more descriptive (and less alien sounding to English ears) and traditionally distinguishing part of the official title, which is "autocrat". Russian Czars (and monarchists) have always highlighted that part as distinctive from all other European monarchies, as an indicator of the intentional unlimited absolutism of Russian monarchy (Ivan the Terrible liked to say that "all autocrat's subject are equal before him as slaves"). The political system was correspondingly called "autocracy", rather than just "monarchy".

  65. the connivers are at it again... by Anonymous Coward · · Score: 0

    How can these entertainment industry scum bags get away with conspiring against free software (see DVD) and still spew BS about "protecting the authors"? Sorry, but if I want to watch a DVD I paid for on my Linux box without letting hollywood spy on me, it should not be a violation of your imaginary property.

  66. We Don't Need No Stinkin' Czars! by theyenk · · Score: 3, Insightful

    How did having Czars become in vogue? It was a dirty word 20 years ago.
    If a "Czar" stepped foot into Washington DC, Rambo would have shot 'em while Chuck kicked 'em in the back.

    But back to the point... Wow, 2 articles in a row about big bad piracy (previous was the poor PSP). A few days after TPB gang gets $1mil + 1yr in jail.

    At least the next story is about a GIANT bot net, not that that is "good". It's just more interesting than this tired rag.
    The distributors screw'd the pooch when they squashed Napster. If they would have monetized our old-friend, they would have gotten bonuses bigger than ___________.

    Give me a break, produce/sell more at a lower price and make it up in volume.
    It's lemonade stand economics.

    I would go to more than ~1 movie/year if it didn't cost 15 - 20 bucks per person. I feel soo bad for families.

    I find this concept from the article ironic,
    "It's pure theft, stolen from the artists and quite frankly from the American people...."

    The distributor is the one that really looses with most piracy (software excluded). Artists are just slaves to the whole system as we are.

    It is pathetic how much favor is being given to the system(s) that make profit. I think this trend has really accelerated in the past 20 - 30 years. Where's Rambo and Chuck when you need them.

    I thought fascism would smell different.

  67. If that's what progressive is, count me out by Anonymous Coward · · Score: 0

    The truly progressive voters in the Democratic party voted for Dennis Kucinich or Nader, not Obama

    The problem with guys like these is while I agree with them on one or two of the issues that they split from the major parties on, on the rest they all sound like f'ing loonies to me. Where am I supposed to go to find someone who represents me? Do I have to run for office myself?

    I voted for Obama because while he might not actually change the way government does business, he sounded like the most reasonable guy and the one able to get things done on the issues I care the most about (healthcare, for example).

  68. Niemöller Is the New Godwin by srussia · · Score: 1

    First they came for the Jews
    and I did not speak out because I was not a Jew.

    Then they came for the occasional grandmonthers
    and I did not speak out because I was not an occasional grandmonther

    Then they came for the soccer moms
    and I did not speak out because I was not a soccer mom.

    Then they came for me
    and there was no one left to speak out for me.

    --
    Set your phasers on "funky"!
  69. Re:Why do we persist with the ridiculous term Czar by VShael · · Score: 1

    I believe the rights to use the term Fuhrer are currently owned by Fox corp, but it's for internal use only.

  70. Re:politics by spanky+the+monk · · Score: 2, Informative

    What's with the political party fanboyism. It's the two party system, people! When are you going to learn that they are both just out to fuck you.

  71. Stolen from the artists indeed by dugeen · · Score: 1

    Because otherwise the artists would have been paid their full share of the profits by the big-hearted film companies.

  72. Re:Why do we persist with the ridiculous term Czar by Anonymous Coward · · Score: 0

    They used Fuhrer at first but it proved unpopular

    I am confused ... does this counts as Godwin's, or not?

  73. Re:politics by Anonymous Coward · · Score: 0

    If you think Obama does anything more than lean slightly to the left (like his left leg is 1/2 inch shorter) then you're off-centered yourself mate.

  74. Other problems with copyright as is by Anonymous Coward · · Score: 0

    The enforcement is patchy.

    The reason for aggressive approaches to P2P (not for commercial gain) is that you are POTENTIALLY losing a sale of the work to the public for each copy seeded on P2P.

    But how many works under copyright are no longer in print?

    EVERY SINGLE ONE of them could POTENTIALLY be sold to some people interested in it. So why isn't this persued as P2P is? Because the companies owning the copyright (or distribution right) have more money than any single human being.

    But they SHOULD be fined 210,000x the sale price of each and every item they own copyright on that they are not this instant retaining and advertising (that's what their cut is for, isn't it? to advertise?) a work under copyright that they own the rights to distribute.

    1. Re:Other problems with copyright as is by KDR_11k · · Score: 1

      Meh, I've said it often enough: The only reform I think we need is making copyright usage dependent. You get a free period after the initial publication (so you can prepare and all that), after that you lose the copyright if the work or a close derivative is no longer available for (new) sale* to the public at large at a reasonable price ("reasonable price" would have to be based on the original retail price and potentially some court interpretation) for a certain period of time (I'd say 2 years or so for "unused" expiry, 10 years initial safe time). Obviously the burden of proof that it was available would be on the rightsholder (that shouldn't be a big burden). Possibly also have a maximum duration though IMO that's optional, the death of the publisher would usually doom a work to unavailability and thus release and the publisher will probably die at some point by losing relevance or something.

      That way stuff the rightsholder fails to preserve can be preserved by the public yet a rightsholder will benefit from making a hugely successful work that remains relevant for many decades (which happens so rarely I think the few cases that do manage it deserve a reward for it). I'm not entirely sure how to handle components, e.g. Mickey Mouse is still in use even though I'm sure there are at least a few works with him that would lapse by this approach, I think verbatim reproduction of the entire work should be permitted then though derivatives of the components that are still in use maybe not.

      *=or for free or whatever, as long as people can obtain copies legally.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  75. Piracy is stealing from the American people... by BronsCon · · Score: 2, Interesting

    ...as a consequence of loss of income

    So, if I buy CDs this month instead of paying rent, I've put more money into circulation?

    No, I'm pretty sure I'm not buying $600 worth of CDs; if I pay rent this month, I'm pretty sure I'm not buying any. In my case, buying CDs would be stealing from the American people as a consequence of loss of income.

    Nice try, Biden; just let Obama do the talking from now on, ok? He might have been able to get that by me.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  76. Of course he does by The+Master+Control+P · · Score: 2, Interesting

    Isn't there something illegal about using one's public office to favor special interest groups in exchange for future favors, monetary or otherwise?

    We are currently in the early years of what will later be recognized as the pivotal fight of the entire Information Age, and not 3 months into his administration Obama has completely sold us out. 5 lawyers from a single industry do not get appointed to the Department of Justice by chance, no matter what their qualifications. In a sane world, there would be an uproar over such obvious improprieties. But the corporate media knows when its obsequience is being bought and has seen to it that word of this crime gets zero airtime whatsoever. Any delusional netroots who still think Obama is on their side are in for more brain-exploding cognitive dissonance when he chooses yet another copyright maximalist for "Copyright Czar."

    Take solace in the fact that while we may have been sold down the river and the likely duration of the fight significantly extended, we will win eventually. The overwhelming majority of youth have no respect for copyright as currently practiced and this shows no sign of changing. No matter what technical or legal measures they take, the MAFIAA have already lost the social fight and their ultimate demise is gauranteed.

    1. Re:Of course he does by Anonymous Coward · · Score: 0

      Isn't there something illegal about using one's public office to favor special interest groups in exchange for future favors, monetary or otherwise?

      Illegal? It's the only reason anybody bothers to run for public office in the first place!

    2. Re:Of course he does by Uberbah · · Score: 1

      Isn't there something illegal about using one's public office to favor special interest groups in exchange for future favors, monetary or otherwise?

      No. Have a problem with that, push for 100% publicly financed elections, an independent ethics committee and paying our representatives a million dollars a year (to reduce incentive for graft to as near zero as possible).

      We are currently in the early years of what will later be recognized as the pivotal fight of the entire Information Age, and not 3 months into his administration Obama has completely sold us out.

      Bwhahaha. Two words for you buddy: NSA wiretapping. You're comparing a molehill (corporate copyright laws) to a mountain (shredding of the 4th amendment).

  77. Citation needed? by Mathinker · · Score: 1

    Since the Wikipedia article is devoid of any reference to the founders of the US, I'd be curious to know on what you base your thesis. Personally, it seems to me that the founders of the US wanted the government to be weaker than the power of the masses, because of their previous experience under British rule (making them distrust government in general).

    Things have been going downhill (i.e., the US government has been getting progressively stronger) ever since the founding of the US.

    1. Re:Citation needed? by htrn · · Score: 4, Insightful

      Since the Wikipedia article is devoid of any reference to the founders of the US, I'd be curious to know on what you base your thesis. Personally, it seems to me that the founders of the US wanted the government to be weaker than the power of the masses, because of their previous experience under British rule (making them distrust government in general).

      After reading much of Franklin, Madison, and Jefferson I have come to the same conclusion as you. The Wikipedia article actually goes through one aspect that, yes, the founders did want to avoid. This is only one aspect, however and is why we were originally set up as a republic and not a democracy, which is what we have been slowly turning into.

      The constitution was set up to be a limiting power of the federal government which concept seems to have been turned on its ear over the course of a long period of time. The bill of rights was also originally intended to be a further limitation on government regardless of how those sent to represent us decide to look at it.

      How often do you hear the phrase "The constitution is out of date" from one side or the other? I hear it from both sides of the isle, so it isn't a D vs. R thing. If there is something they don't like, they blatantly ignore what is written in their guiding document. How many of the amendments (post bill-of-rights) actually erase parts of the constitution?

      How often do election campaigns border on being unconstitutional as the fear card is played on religion where the constitution states in Article 6, "The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." Yet we hear things like, "He is a Jew" (Lieberman), "He is a born-again nut job" (Bush Jr.), "He was a Muslim" (Obama).

      I'll finish my rant now with just the thought that we are all in this together and until we come together we will be a house divided against itself, and we will not stand.

    2. Re:Citation needed? by maxume · · Score: 1

      Nowhere in the Constitution does it require me (as a voter) to give you a fair shake. I can vote against you because I don't like your hair cut, or because the voices in my head said you smell funny.

      --
      Nerd rage is the funniest rage.
    3. Re:Citation needed? by Anonymous Coward · · Score: 0

      Constitutionally, yes. But that doesn't make you a good voter, or particularly effective as a citizen.

    4. Re:Citation needed? by wstrucke · · Score: 1

      I hate to say it, but that's possibly the reason that originally only white male landowners had the right to vote. I'm not saying that we should ever even consider bringing something like that back, just that at the time those people were more likely to be involved in the community and educated (not necessarily academically educated, but real-world educated). These days there are so many ignorant people who will go down to the polls and vote because some multi-million dollar ad told them they HAD to, without knowing a damned thing about any of the real politics, is a shame.

      I think that the world we live in today is possibly Franklin's/Jefferson's/etc... worst nightmare. The only way we're going to improve anything, regardless of what side of the aisle we're on, is to somehow educate the voters.

      I'm personally involved with the Campaign for Liberty which is trying to do just that -- while I have no illusions about any of you agreeing with my points of view, I hope we can all agree that if we do not educate the voters we're just going to continue getting raped by the people we put into office.

    5. Re:Citation needed? by LuYu · · Score: 1

      Personally, it seems to me that the founders of the US wanted the government to be weaker than the power of the masses...

      Not exactly. Government is too general a term for this discussion. The Founding Fathers wanted the Federal Government to be weaker than the state governments. Part of Freedom was allowing people to choose their own set of rules (precisely what globalism seeks to take away). Unfortunately, that all ended in the early 1900's when Federal income tax was instituted and senators became popularly elected. The "masses", as you put it, are much easier to manipulate than 50 state governments. People believe the news when they see it.

      --
      All data is speech. All speech is Free.
    6. Re:Citation needed? by LuYu · · Score: 1

      The only way we're going to improve anything, regardless of what side of the aisle we're on, is to somehow educate the voters.

      I have heard this many times, and I think it is backwards. The precise reason that there is a problem is that the voters are educated. They do not think for themselves but instead believe what they are told to believe by their intellectual masters: Big media.

      If the news says someone is paedophile, people believe it. If the news says the Internet is dangerous, people believe it. If the news says Dubuya screwed his goat, people believe it.

      The funny thing is that so many of these things are totally irrational, and if people took a step back and properly considered them, they would realise the absurdity of the situation.

      Taking medicine is okay but doing drugs is not. What is the difference? They are all drugs. Wonder Bread is healthier than whole wheat bread because it has added vitamins. So, does that mean Mother Nature, with billions of years to develop these things and evolution working to correct all anomalies, somehow got it wrong? Animals should get cancer like people. Name me one instance of a wild animal -- in any habitat that has not been poisoned by human waste -- that has developed cancer.

      Really. Things are green and the news says they are purple, and most people buy it. And we all pay for the laziness of others. This "Intellectual Property Czar" is case in point. Here they are -- supposedly a democracy -- appointing a "czar". The word Czar comes from Caesar (as in Julius), the first Emperor of Rome, and the destroyer of the Roman Republic. "Intellectual property" is equally ludicrous. Ideas cannot be property in a Free Society. If ideas can be "property", how can speech be Free? A better term for our new usurper would be "Intellectual Tyrant".

      --
      All data is speech. All speech is Free.
    7. Re:Citation needed? by wstrucke · · Score: 1

      I have heard this many times, and I think it is backwards. The precise reason that there is a problem is that the voters are educated. They do not think for themselves but instead believe what they are told to believe by their intellectual masters: Big media.

      I'm not going to argue semantics with you -- I agree with what you are saying and I think we are both saying the same thing. If enough voters were more aware of the truth, we would be better off.

      Our Constitution is not perfect, but it is damned good and deserves respect.

    8. Re:Citation needed? by LuYu · · Score: 1

      I could not possibly agree more.

      --
      All data is speech. All speech is Free.
    9. Re:Citation needed? by sumdumass · · Score: 1

      Are you calling Franklin, Madison, and Jefferson fascist? DO you even know who they are?

    10. Re:Citation needed? by Anonymous Coward · · Score: 0

      You're dead right on most of your points, and you're right that religious smearing is despicable and outdated.

      But it's NOT unconstitutional.

      That clause means that the United States Government cannot religiously discriminate when awarding jobs or offices. Congress can't pass a law saying "no Jews in congress, sorry". The FBI can't refuse to hire you because you're a Muslim.

      It has absolutely nothing to do with campaign rhetoric! Constitutionally, you're (probably) allowed to campaign on a platform that your opponent is a gay divorced black Zoroastrian woman who kills babies. It's only when the US Government starts to refuse hiring gay divorced black Zoroastrian women that it becomes a problem.

    11. Re:Citation needed? by Xerolooper · · Score: 1

      ... Part of Freedom was allowing people to choose their own set of rules (precisely what globalism seeks to take away). Unfortunately, that all ended in the early 1900's when Federal income tax was instituted and senators became popularly elected. The "masses", as you put it, are much easier to manipulate than 50 state governments. People believe the news when they see it.

      So we lost our freedom with a couple seemingly innocuous swishes of a pen. In theory the same thing could win it back. All we have to do is make it sound to them like they are gaining more power and sound to the masses like they are saving the planet or think of the children mentality. I am open to suggestions.

      --
      "The stupid neither forgive nor forget; the naive forgive and forget; the wise forgive but do not forget." -Thomas Szasz
    12. Re:Citation needed? by soren202 · · Score: 1

      Just a quick question - Do you read what you type after you type it?

      What you wrote just there was basically the epitome of a paranoid conspiracy rant, addressing not only the evils of big media, but also the evils of education, vitamins, and medicine.

      It's nice you have an opinion, but, although the media does have a lot of sway over voters - to the point where it is a bit concerning - it's hardly the main reason that government is so fucked up. A better place to look, if anywhere, would be the two party system, corporate lobbying, the apathetic masses, and the lack of a reliable way for congressmen to judge public opinion, except through the filter of interest groups.

      As a side note, animals get tumors all the time, they just aren't always visible (i.e. how many cancer patients do you see with visible evidence of tumors?). Not every tumor is one of the fancy stone-sized lumps bulging out of the head, or w/e you expected.

  78. Re:Why do we persist with the ridiculous term Czar by Opportunist · · Score: 2, Interesting

    Even though it would have been more appropriate. The German "Führer" literally means "leader" or "guide". It has a more friendly and pleasant ring than "emperor", doesn't it?

    Shame it has been tarnished. But so have other terms. Wouldn't "concentration camp" sound more relaxing than "think tank"? :)

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  79. Throw money at it by electronerdz · · Score: 1

    Let's just throw $200 to $700 billion at it and see if that fixes it.

    --
    Kernel Krunch - Part of a Complete OS
  80. having solved all other problems by nimbius · · Score: 1

    including economic disaster, a war on two fronts, and a bankrupt automotive sector the copyright czar is on the agenda now?!!?

    am i the only one shocked to wonder when the fuck we got one of these!? im sure the RIAA and MPAA know a few good boys who should get this cookie.

    --
    Good people go to bed earlier.
  81. This just makes me angry by youngdev · · Score: 1, Insightful

    it is one thing to steal music to entertain yourself (and we can argue all day about whether file sharing is copyright infringement or fair use) but it is a _completely_ different story to steal something and then try to resell/market it as your own. At least if you aren't paying for use of some creative work, you are at least appreciating it for its greatness. Trying to pass off someone else' IP as your own obfuscates the true brilliance of the creator, making it more difficult for someone else to recognize and purchase their work. Biden has absolutely no moral authority to talk about the theft of IP. http://www.slate.com/id/2198597/

      This is almost as annoying as hearing Al Gore talk about taking the initiative in "creating the Internet" I'd be amazed if Al Gore knew enough about the Internet to explain the difference between TCP and UDP.

    Serial IP thieves should should never lecture the masses on the dangers of Filesharing.

  82. Well Comrads by tbgreve · · Score: 0

    So the Kremlin is to appoint another Czar... Does this mean my karma is still bad? I called it. I didn't want to say "I told you so." ;)

    --
    "Be wary of the man who urges an action in which he himself incurs no risk."

    ~Joaquin Setanti

  83. Who steals? by Sj0 · · Score: 4, Insightful

    It's the big publishers who are stealing from the American people. The books, movies, music my grandmother experienced as a child is STILL locked away under copyright. The song I recently made an MP3 of from an original record recording, about the great depression, is still under copyright.

    Our very history has been stolen from us by big publishing. They've lobbied the public domain out of existence. As long as the laws are as unjust as they are, the big publishing industry is my enemy, for stealing 50-100 years of my culture for profit.

    --
    It's been a long time.
  84. Annoying, not surprising by starseeker · · Score: 3, Insightful

    I had no expectation that either party would act to lessen the power of copyright. I rather expect, if the question comes up at all, they are rationalizing that strong copyright encourages more creativity by allowing people to live on enjoy the fruits of their labor. The fact that the "stronger copyright" stance enjoys such wide support is probably a reflection of this. Free access to and use of information appeals primarily to "intellectuals" and "academics" not acting directly in the commercial markets (although even academia seems to be getting into the IP business these days) and neither of those groups under most reasonable definitions is a major voting block or large percentage of the population.

    It might be argued that open source movements are a backlash against over-application or poor definition of copyright, but despite the movement's successes it still remains a niche in terms of overall impact and support. There are even people who consider the very existence of the movement a Bad Thing, and they get to vote too.

    It's not a rosy picture, and probably won't be for a loooong time. However, there is one ray of hope that someone up there has a clue - look at http://www.whitehouse.gov/copyright/ The presence of a Creative Commons license for whitehouse.gov content that has had copyright assigned to the government by 3rd parties must be taken as a hopeful sign.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  85. meh by Anonymous Coward · · Score: 0

    The new boss is the same as the old boss.

    Sartre was right - we can remove a concept like God from law/morality and we'll come to the same moral conclusions. Similarly, a new president can come to power, but the same power brokers still call the shots. Biden promising the 'right person' means it's going to be someone who believes in it hook-line-and-sinker, and won't be critical of any portion, but just continue to extend the terms of copyright, and attempt to criminalize it even further.

    Inevitably this just works into the hands of the pirates over the long term - draconian methods of monitoring internet traffic, and the enforcement of these laws will end up creating a layer of complete anonymity on the Internet.

    Oh yeah - I think modern politicians also realize the following concept though:

    You do not fuck with the people who control the ideas that are shown in mainstream media.

  86. Re:politics by Captain+Splendid · · Score: 1

    Hollywood is a business. It is also very liberal in its views.

    Your brain asplodes. Or can't you read?

    --
    Linux, you magnificent bastard, I read the fucking manual!
  87. solution: by circletimessquare · · Score: 1

    plenty of big budget movies to come. because movie houses aren't dying. the tv was supposed to kill them. the vcr was supposed to kill them. the dvd was supposed to kill them. the internet was supposed to kill them. all the time, people kept packing movie houses. mainly because watching vin diesel on a 17 inch monitor in your basement just isn't the same thing

    as for games: WoW could charge nothing for its client and still rake in big bucks. it controls the access to an online arena. there's only one arena. but yes, games where you play by yourself are free now

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  88. you don't understand by circletimessquare · · Score: 1

    the p2p client can be built so no one can catch you. and say they DO catch you. ok, they caught you, not the other 10 billion POOR teenagers hungry for media and understanding the tech better than any ip lawyer (ie, watch what the next client can do), and not really caring that much if they get caught (since teenagers have acted since time immemorial)

    its an arms race, and those defending can only lose

    furthermore, do you really thinking harsh punishments for sharing files wil hold up to moral scrutiny from other sectors of society (please leave your dystopian cynicism at the door, and ask yourself this question honestly: no, they won't tolerate harsh punishment for filesharing, since the moral bankruptcy of the whole charade is wearing thin)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you don't understand by Opportunist · · Score: 1

      Suing teenagers for filesharing is pointless at best. There are only losers. The media industry, because it's hardly a moral victory when you sue someone out of his pants who doesn't even have the money to get any. The teen, who starts his life with more debt than he could ever repay (would you go to work? I for one would immediately do my best to lose my job and never get one again. I'd be stripped off anything but the bare minimum to survive, why bother trying? To feed those that I loathe? If anything, my last few dollars would buy a gun). And society as a whole, because it eventually foots the bill for the whole mess.

      So far, it's been an ant battle. You know, where you step on an ant only to find out more are coming after. So far, the ants don't care. Hey, there's a one in a billion chance (roughly) that it's going to be you. If you believe in that odds, play the lottery. And as long as it is this way, nobody will care.

      Should they find a way to increase the odds to one in a thousand, you can hear the outcry. Because by then everyone will be affected. Either personally or they will know someone who got sued for amounts of money that are simply and plainly shameless and devoid of any semblence to the "crime" behind it.

      How will people react is what's left to be asked. Will the cow and bow down or will they start looking for politicians that don't take MAFIAA bribes?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  89. Re:politics by Dog-Cow · · Score: 1

    Umm, we have a one party system in the US. It just has two subsidiaries to promote the illusion of competition.

  90. im sure they do by circletimessquare · · Score: 1

    whats your point?

    that my attitude is responsible for what riaa assholes do?

    so we should submit to the spanish inquisition because they are brutal, nevermind their entire rationale is bullshit?

    nah, its all my fault jews and muslims were tortured to death. why? because i say their rationale is bullshit and we should ignore their tactics. no, we should submit to their wishes and demands, simply because they are cruel

    pffffffft

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:im sure they do by CSMatt · · Score: 1

      Um, what?

      I never said that at all. All I said was that there are and continue to be victims in this. The fact that said victims are a minority of people does not mean that we should discount them due to the inevitable failure of the recording labels to try and stop people from copying. Just because they will fail long-term doesn't mean that their short-term actions are inconsequential.

  91. mod parent up by elrous0 · · Score: 1

    That WAS NOT flamebait. "Flambait" is not synonymous with "My messianic hero turned out to just be a regular politician."

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  92. The right person . . . by Anonymous Coward · · Score: 0

    The entertainment industry contributed over $15 million to politicians last year, 85% of it to Democrats (see opensecrets.org). So it's easy to see who the "Right Person" will be.

  93. Re:politics by CrimsonAvenger · · Score: 3, Insightful

    It does neither. "Hollywood", for lack of a better term, is a business. Pretty much everything they do is predicated on making money, like any other business.

    Let's see if you're right.

    According to OpenSecrets.org, Obama got $8,599,038 from the "TV/movies/music" industry.

    Clinton for $3,320,048 from the same source.

    McCain got %1,105,150 from them.

    So, "Hollywood" gave the two major Democrat contenders over ten times as much as they gave the major Republican contender. And even the number two Dem got three times as much as the number one Rep (and more than ALL Republican candidates combined), much less the number one candidate (who, incidently, got almost twice as much as all other candidates (Republican and Democrat) combined.

    Yes, if you include ALL of the candidates, Hollywood only gave the Dems about six times as much as they gave Reps. But even a six to one ratio suggests some slight bias in favour of one side or the other, don't you think?

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  94. Re:politics by CrimsonAvenger · · Score: 1

    I will remind you that it was a Republican congress that wrote and voted for the DMCA bill.

    I will remind you that 99 Senators voted in favour of the DMCA. One didn't vote. So it was unanimous in the Senate. With the exception of the one Republican who didn't vote, for whatever reason.

    The Commerce Committee in the House also approved this unanimously (both the Republicans and Democrats on the committee). It was passed by voice vote in the House, so no vote tally was made there, and it's not clear just how bipartisan it was.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  95. Democracy? Where? by Anonymous Coward · · Score: 0

    "intellectual property czar"

    The term Czar doesn't sound very democratic at all; I wish the White House would stop calling its bureaucrats by such authoritative and totalitarian names...

    Also, the big beef here is that the term "intellectual property" is in itself an oxymoron. You cannot own or hoard thoughts, intellect, or ideas. Once they are expressed in written or verbal form they are the property of the collective, not the individual.

    If you want to play fair, sew Einstein's brain back together from all those slivers it's in now and put it back into his head. I'm sure if we can sue for millions over "intellectual property" such as one song that can be legally purchased for $.99, then we should be able to overthrow our government for stealing someone's freaking BRAIN. Nobody should own someone else's brain, not even a 1nm-thick slice of it.

  96. Distribution for free by wurp · · Score: 1

    What part of your solution would stop everyone from filesharing everything, and hence getting everything for free? 5% of $0 is $0.

    I do think there are far better solutions than our current copyright. However, I don't see how what you propose would generate any income at all to creators, no matter how popular their material was. Or at least how it would generate any more income than a total lack of copyright law plus online tip jars.

    1. Re:Distribution for free by Tweenk · · Score: 1

      What part of your solution would stop everyone from filesharing everything, and hence getting everything for free? 5% of $0 is $0.

      You missed one thing: the ISP is also offering a profit generating scheme based on copyright. Put a levy on consumer Internet service, e.g. service for anything that is not a corporation or a company. Currently copyright levies (like those on CDs) are resented, because they are based on an assumption of guilt, but if copying was legalized, then levies on consumer Internet use would be perfectly acceptable.

      ISP should be required to put an allocation system in place that allows to tell you which artists you want your levy to go to, otherwise it gets distributed uniformly. Such a system is already implemented in my country with regards to 1% of income tax which you can allocate to a charity of your choice by putting its name and registry number on the tax form. (The only difference is that if you don't put in a name, the 1% goes to the state).

      --
      Those who would give up liberty to obtain working drivers, deserve neither liberty nor working drivers.
    2. Re:Distribution for free by wurp · · Score: 1

      To some degree I see your point, although I'm not sure how much of my ISP's income you can claim comes from music, as opposed to movies, collaborative content, text (both from authors expecting to be paid and people spouting off e.g. /.), pictures (with the same caveat as text), etc.

      That said, I think properly implemented your solution would be far better than what we have in the US (and most of the first world) today.

    3. Re:Distribution for free by Znork · · Score: 1

      What part of your solution would stop everyone from filesharing everything, and hence getting everything for free?

      Basically, practicality, convenience and value.

      First, file sharing is impractical for anything but the most widely desired stuff; compared to a vendor offering a huge library with at-your-will encoded tracks, like for example, the Russian music sites, or even compared to current legitimate sites like emusic, it's better value to pay a reasonable amount and get what you want compared to hunting across file sharing sites for it. Time is money. (heck, personally I'm paying five times what I used to pay for music with my emusic subscription simply because it's allowing me to find lots of new music sitting on my behind, compared to the 2-4 cd's per year I bought before)

      Second, even with future options, any serious services, whether file sharing or otherwise will, to offer any reasonable amount of quality and added value, have to generate some revenue somehow. If they're generating revenue, through commercials or actual payments, they'd have to pay. Pirate bay would be emgaged in tax avoidance, and easily dealt with.

      Third, the wide range of innovative services that would be available would also generate massive revenue; for example, today it's entirely possible to rip and encode your cell phone signal from anything you'd like. How many do you know that actually do that, as compared to those getting them from all sorts of weird places scamming them out of money? You can make all sorts of mix cd's and play lists and other things, yet people listen to commercial radio and pay for Party-Songs 138.

      For most people, the convenience of not having to do things, find things, get things, learn things, etc, on their own is simply worth quite a lot. Not infinite, but quite a lot, and when there are basically any number of innovative ways that services could be offered related to creative material, many of those will generate value for the consumer compared to them doing everything themselves, and as soon as there's a payment involved, the creators get paid.

      In the end, to take the example of music, even at least smaller labels could quite easily survive as anything from taste consultants, artist finders, event music designers, promoters, live event managers, etc, except they'd get directly paid for the services they provide instead, and depending on whether their part in the food chain involves helping and getting paid by artists, or selling services that used artists, money would exchange hands and be appropriately distributed.

  97. Re:Why do we persist with the ridiculous term Czar by Anonymous Coward · · Score: 0

    Totally agreed.. I hate the term Czar. My family escaped imperial Russia because living under the Czar's rule sucked. They conscripted people into the army for 20 year terms.

  98. it just doesn't matter by circletimessquare · · Score: 1

    the history of file sharing clients is more obfuscation. what would happen if more ants were stepped on is the ants would use a better client. where would it come from? from those same legions of poor but technologically astute teenagers

    its cat and mouse, but every time the cat catches the mouse, the mouse comes back with thicker armor, until the mouse goes about its way completely unaffected by the cat

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  99. Re:politics by jipn4 · · Score: 1

    How so? I didn't realize copyright law enforcement was a particularly partisan issue in the United States

    Democrats have a tendency to take the public good more into account than commercial rights. Therefore, a "copyright czar" appointed by a Democrat is more likely to balance public good and commercial interests better than a Republican.

  100. Re:politics by jipn4 · · Score: 1

    Hollywood, in general, tends to support the left more than the right

    Hollywood is socially liberal, but not when it comes to big business.

    Consequently, my guess would be that the nominee would be someone who tends to favor Hollywood's interest

    Democrats tend to take the public interest and public good into account more than Republicans. Hence, in picking a copyright czar, they are more likely to pick one that maintains shorter copyright terms and more public domain and fair use rights.

  101. Re:politics by csartanis · · Score: 1

    This is a troll how?

  102. Zeitgeist by maudin8 · · Score: 1

    "When people can't come up with REAL solutions, they just create a law..." "Whoa is me, I'm the poor company. There are so many wealthy people stealing my stuff and keeping their money in their pocket. wah!" The majority of people sharing files can't afford to buy things willy nilly, use them once and set them aside.

  103. when you take down a mammoth by circletimessquare · · Score: 1

    you're bound to crush a few warriors in the process

    i really don't think that the dismantling of the old school corporate distribution networks will be a painless process. a dying dinosaur still has a powerful kick

    but if you can think up some way to appease the suffering, then please, chime in. a victim's legal defense fund perhaps?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  104. Support for Creative Commons... by Anonymous Coward · · Score: 0

    ...does not equate to support for piracy. The point of the Creative Commons license is to allow individuals who want to share their works freely do so while -- and this is important -- retaining rights to them. The Creative Commons license can't be applied to, say, someone else's movie you downloaded with Frostwire.

    It is quite possible to support Creative Commons without approving of piracy.

  105. I used to support copyright by kalirion · · Score: 1

    I still equate pirating software with theft. I still think that anyone who torrents a commercial game or song or whatnot is not acting morally, no matter what their justification are (overpricing, DRM, EULA, etc). If you think something is not worth the money it costs or the hoops it makes you jump through, don't get it! There are plenty of freeware/opensource/indy alternatives.

    That being said, the draconian actions taken by **AA with full government backing simply disgust me. When a backwards country cuts the hands off thieves, you start rooting for the thieves. I find myself in the same predicament here.

  106. It won't matter anyway by winwar · · Score: 1

    "...sit back, relax, and see who gets the post."

    And it won't matter anyway. How long have we had a drug czar? Does anybody remember them? Have they ever accomplished anything?

    It's like establishing a commission. But less useful. :)

  107. Re:politics by spanky+the+monk · · Score: 1

    Actually, I know this, but most people have a hard time swallowing that idea. My intention is to promote a mentality that 3rd parties are a better option.

  108. !Piracy by AP31R0N · · Score: 1

    Piracy is ship to ship armed robbery. Calling copyright infringement piracy makes light of what is happening off the Horn of Africa. Pirates kill, kidnap and steal things (REAL THINGS). It also demonizes making more of a commodity that is already infinite in supply. When we use "their" word, they win. Don't play their game, don't do their work for them.

    Oh, and Lessig 4tW.

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  109. if Biden == Corrupt == Rich by Uberbah · · Score: 1

    But Biden is not rich. Despite being in the Senate for a couple generations, he's "dead last" Senate in terms of income. So yes, you can complain that he's favoring draconian copyright laws to the detriment of the public, but you can't accuse him of corruption just because he's staked a position you disagree with.

    Not anyone else you can vote for. Obama's campaign made a big deal about how he was funded by small donors, but 2/3rds of his income was from corporate interests.

    Only if you follow the Republican sophistry that donations from employees of Freddie Mac == donations from Freddie Mac.

    1. Re: if Biden == Corrupt == Rich by CuteSteveJobs · · Score: 1

      Biden has a comfy senate job with all the perks which is reward enough. Compared to most Americans, this makes him RICH. The RIAA and his donors keep him in his comfy job, in exchange for which they get to buy legislation. The man is corrupt, and the only thing he can offer in his defense is he (1) doesn't spend this money _directly_, and (2) as evidenced by his foot-in-mouth disease the man is a complete idiot. I doubt he's aware what Hollywood accounting even is. QED. MORON.

    2. Re: if Biden == Corrupt == Rich by Uberbah · · Score: 1

      Biden has a comfy senate job with all the perks which is reward enough. Compared to most Americans, this makes him RICH.

      Hardly. Senators make $174,000 a year - if you had to maintain a residence in your home state AND in one of the most expensive cities in the world to live in AND pay to put your kids through private school (because DC public schools suck), how much money would you want to make?

      The RIAA and his donors keep him in his comfy job, in exchange for which they get to buy legislation.

      Biden's plenty popular in his home state, winning by around 60% each year - he in no way shape or form needs the RIAA.

      The man is corrupt

      Just because you are too lazy to actually demonstrate any hint of any actual corruption, doesn't mean you can call him such just because you have a policy disagreement.

  110. Re:politics by Uberbah · · Score: 1

    According to OpenSecrets.org, Obama got $8,599,038 from the "TV/movies/music" industry.

    Only if you follow the Republican fallacy that donations from employees of a company count as donations from that company.

    Yes, if you include ALL of the candidates, Hollywood only gave the Dems about six times as much as they gave Reps. But even a six to one ratio suggests some slight bias in favour of one side or the other, don't you think?

    Or you could look at the metric that actually matters: how politicians vote. And Republicans support copyright extensions every bit as much as Democrats do - remember the Sonny Bono (R-CA) copyright extension act?

  111. the world after movie piracy by rpillala · · Score: 1

    I wonder if Hollywood has considered what the end state will be if everything they do to fight movie piracy is successful. No more rips from DVD or bluray, no more cameras in theaters or projection booths, no way to see the movie other than a way they approve. Will the erstwhile pirates be flooding theaters to see the movies they used to watch free? There's no way to know, but I tend to think not. Nothing I've heard from MPAA and friends presents a better model that allows pirates to have movies in the same way they do now, but with payment going to wherever it goes when you go to the theater. Surely that's what MPAA wants? A way to make money off the people who aren't paying them now? Surely they're not interested in simply stopping people from having it free, with no financial benefit for themselves. Without that, I think all their effort is for nothing.

    --
    When the axe came to the forest, the trees said, "Look out - the handle was once one of us."