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Alternative 2009 Copyright Expirations

jrincayc writes "It's nearly the end of 2009. If the 1790 copyright maximum term of 28 years was still in effect, everything that had been published by 1981 would be now be in the public domain — like the original Ultima and God Emperor of Dune — and would be available for remixing and mashing up. If the 1909 copyright maximum term of 56 years (if renewed) were still in force, everything published by 1953 would now be in the public domain, freeing The City and the Stars and Forbidden Planet. If the 1976 copyright act term of 75* years (* it's complicated) still applied, everything published by 1934 would now be in the public domain, including Murder on the Orient Express. But thanks to the Sonny Bono Copyright Term Extension Act, nothing in the US will go free until 2018, when 1923 works expire." Assuming Congress doesn't step in with a Copyright Extension Act of 2017. What are the odds?

427 comments

  1. What did you expect? by Thanshin · · Score: 4, Insightful

    I give you a prediction:

    New law - Copyright doesn't expire.
    Consequences - Not enough people care and life goes on.

    1. Re:What did you expect? by the_humeister · · Score: 1

      No, courts would probably strike down a law making copyrights not expiring, hence adding more years to existing copyright law. I think there was a court argument regarding this but I can't seem to find it.

    2. Re:What did you expect? by bl968 · · Score: 5, Insightful

      It can't happen without amending the U.S. Constitution.

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; -
      Article 1, Section 8, Clause 8

      The key word there is limited time. The problem has arisen is that the courts have defined limited as anything short of forever, and I think it stretches the Constitution beyond all meaning. Originally you could register a copyright for 7 years, and renew it one time for another 7. This was when shipping between cities could take weeks, and to cross continents could take years. With modern distribution copyright durations should be decreasing not increasing. Copyright was never intended to be a life time income source, and it definitely was not intended to cover heirs.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    3. Re:What did you expect? by Anonymous Coward · · Score: 2, Funny

      presumably, then, one could simply pass a law stating that copyright shall not expire until the heat death of the universe.

    4. Re:What did you expect? by Anonymous Coward · · Score: 0

      More realistically: Does not expire until all of the Human species originating from Earth have been destroyed.

    5. Re:What did you expect? by Anonymous Coward · · Score: 0

      So long as they never manage to screw over very many people by enforcing it, I actually kinda hope it gets more ridiculous. That way, people will feel more free to ignore it, rather than pretending to respect it most of the time.

      I mean, come on, you already can't sing "Happy Birthday" without owing royalties to someone long dead. Just how low can it go?

    6. Re:What did you expect? by jcwayne · · Score: 1

      Welcome to the American Bar Association, you must be new here.

      --
      Failure to follow this advice may result in non-deterministic behavior.
    7. Re:What did you expect? by praksys · · Score: 4, Informative

      The case was ELDRED V. ASHCROFT. Lawrence Lessig (and others) pointed out that the constitution only allows copyrights to be granted "for a limited time". SCOTUS responded that they couldn't give a shit what the constitution says. The decision was 7-2 so it's highly unlikely that the court will change it's mind anytime soon.

    8. Re:What did you expect? by DoofusOfDeath · · Score: 5, Informative

      Lawrence Lessig argued that before the SCOTUS, and they wouldn't buy even that basic point, IIRC.

    9. Re:What did you expect? by BitZtream · · Score: 1

      I fail to see any reason the shipping time decreasing from weeks to days should have any effect on copyright. Please explain your logic.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    10. Re:What did you expect? by uglyduckling · · Score: 5, Interesting

      It's pretty obvious really. The whole point of copyright was to enable the creator to benefit commercially from their artwork for a limited period so that they would have an income and be able to continue producing works that enrich/entertain society. As distribution has become quicker and quicker, the time needed for an artist to commercially exploit their work has decreased and therefore the time period for which copyright applies ought to be shorter, not longer, than in the past.

      What has happened instead is that time periods have been extended, more and more money has been made, which has concentrated the means of distribution into fewer hands, with the net effect of decreasing the amount of art (music, literature etc.) that is widely available. This is now starting to change with digital distribution, although it's quite clear that DRM is not about preventing the pirating of works (because it doesn't stop commercial pirates) but is about maintaining a barrier to entry into the market.

    11. Re:What did you expect? by Anonymous Coward · · Score: 4, Informative

      SCOTUS responded "On paper, it is limited - we don't care if Congress keeps changing the limit."

      While I disagree with the decision, it's not QUITE the same thing as "[we] couldn't give a shit what the constitution says."

    12. Re:What did you expect? by NovaHorizon · · Score: 1

      So then make it 1000 years and just call it good. No one will care about the copyrighted works of someone over a thousand years in the past, and it will take care of these questions until this time ~2950

    13. Re:What did you expect? by darthflo · · Score: 4, Funny

      So what they meant was "we couldn't give a shit what the constitution intends[, we're happy to have it's purpose undermined to the point it's hollower than a slice of swiss cheese]".

      Yay for living in Europe, where the spirit of the law still counts for something.

    14. Re:What did you expect? by cboslin · · Score: 4, Insightful

      It's pretty obvious really. The whole point of copyright was to enable the creator to benefit commercially from their artwork for a limited period so that they would have an income and be able to continue producing works that enrich/entertain society. As distribution has become quicker and quicker, the time needed for an artist to commercially exploit their work has decreased and therefore the time period for which copyright applies ought to be shorter, not longer, than in the past.

      What has happened instead is that time periods have been extended, more and more money has been made, which has concentrated the means of distribution into fewer hands, with the net effect of decreasing the amount of art (music, literature etc.) that is widely available. This is now starting to change with digital distribution, although it's quite clear that DRM is not about preventing the pirating of works (because it doesn't stop commercial pirates) but is about maintaining a barrier to entry into the market.

      Great post, simple to the point.

      Another reason to DENY companies person-hood

      What in the constitution allows a company to buy the rights from a person and continue them in force as if they are a person?

      Everything we need to fix problems with corporations are in the Bill of Rights and the Constitution. If we really are a nation of laws, its time to start enforcing them.

      Even Presidents must NOT be above the law!

      To not enforce laws ensures their continued abuse. I do not think that this is what our founding fathers had in mind!

    15. Re:What did you expect? by Chrisq · · Score: 1

      presumably, then, one could simply pass a law stating that copyright shall not expire until the heat death of the universe.

      SCOTUS would probably campaign for it to be extended beyond this, to encourage struggling artists

    16. Re:What did you expect? by QuoteMstr · · Score: 5, Insightful

      Another reason to DENY companies person-hood

      You're focusing on the wrong problem. The issue isn't corporate personhood, but rather with certain legal persons (natural or corporate) having too much power. It really isn't any better for the person "J.P. Morgan" to be able to buy a congressman than it is for company "J.P. Morgan Chase" to be able to do the same thing.

      Changing some arcane corporate classification don't help a damned thing.

      What will help is limiting how influential a single person can be. Limit the maximum size of corporations. Institute a super-progressive income tax that asymptotically approaches 100% as you reach, say, the 99th percentile of the population.

      No man on earth is worth FOUR BILLION times that of another human being, no matter who is he or what he's done.

    17. Re:What did you expect? by Hognoxious · · Score: 1

      No one will care about the copyrighted works of someone over a thousand years in the past

      Don't be so sure about that - http://atheism.about.com/od/scientology/ig/Anonymous-Protest--Scientology.--Vq/Scientology-s-Lawsuits.htm

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    18. Re:What did you expect? by backslashdot · · Score: 1

      The supreme court has decided that its up to congress to determine what "limited times" means .. which is really stupid because if anything that's the one thing that judges are for it's for is exercising what's reasonable and what's not. And a hundred years in unreasonable.

    19. Re:What did you expect? by wvmarle · · Score: 1

      And in defense again of SCOTUS, they are correct here. There is a limit. Albeit a limit that is so long that it basically becomes "forever" for all practical purposes. It will have to become much worse before it will improve.

      Just like DRM: the only reason it will go away is when it gets in the way of people's daily life. Copyright doesn't get in the way of many people's lives, so they do not care. Even with copyrights they can watch TV, watch their DVDs, listen to the radio, go to the movies, etc.

    20. Re:What did you expect? by Kjella · · Score: 4, Insightful

      SCOTUS responded "On paper, it is limited - we don't care if Congress keeps changing the limit."

      While I disagree with the decision, it's not QUITE the same thing as "[we] couldn't give a shit what the constitution says."

      If limited can mean "until the sun burns out", you have effectively stricken "for limited times" from the constitution. If you can play with words like that, it's worth less than toilet paper.

      --
      Live today, because you never know what tomorrow brings
    21. Re:What did you expect? by Anonymous Coward · · Score: 0

      Who are you to say what a person is worth? Everyone votes with their dollars, and if someone provides a good or service which is in high demand, then they are worth it. That's democracy in action, people directly making their own decisions.

    22. Re:What did you expect? by Genda · · Score: 4, Insightful

      Copyright was never intended to be a life time income source, and it definitely was not intended to cover heirs.

      No, it's intended to be an indefinite source of income for the RIAA, MPAA, and a growing list of IP holders who effectively want to own all meaningful human endeavor.

    23. Re:What did you expect? by QuoteMstr · · Score: 4, Insightful

      That's democracy in action, people directly making their own decisions.

      Sometimes, everyone making the decision that's best for himself leads to an outcome that's terrible for everyone.

    24. Re:What did you expect? by JAlexoi · · Score: 2, Insightful

      Yeah.. I just hope that the spirit of the law will not be abused, as it always has been.
      Yet, I love the fact that a contract cannot be void based on simple technicality.

    25. Re:What did you expect? by JAlexoi · · Score: 1

      That is what happens when common sense in a legal system is illegal. And most of Americans call eurocrats - technocrats.

    26. Re:What did you expect? by PingPongBoy · · Score: 1

      With modern distribution copyright durations should be decreasing not increasing

      Actually, modern distribution is precisely why copyright should be increasing not decreasing. If it takes forever to ship something, who wants to order and wait? Let people take a copy of the "local cache". It wouldn't hurt revenues.

      The counter reason in favor of decreasing copyright duration comes from the ease of copying and the sheer quantity of competition. Material that has been published and then produced in limited supply without a good reason in spite of demand should be taken out of bloody copyright.

      --
      Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
    27. Re:What did you expect? by hasdikarlsam · · Score: 1

      That might be later, or never. The heat death will pretty definitely happen, so it fits the definition of "limited" better.

    28. Re:What did you expect? by Anonymous Coward · · Score: 0

      Another reason to DENY companies person-hood

      I don't see what that has to do with copyright at all.

    29. Re:What did you expect? by timmarhy · · Score: 4, Insightful

      it's crazy when in the same sentence they talk about "to promote the progress of science and useful arts" and then extend copyright out to 75 years, completely eliminating a persons need to continue progress, and just let them milk one piece of content for ever...

      --
      If you mod me down, I will become more powerful than you can imagine....
    30. Re:What did you expect? by langarto · · Score: 5, Insightful

      Yay for living in Europe, where the spirit of the law still counts for something.

      I am European, but I am sick of reading claims like this one in Slashdot and elsewere. It makes no sense to pretend that we are better than the Americans, or that our laws are more fair or that our politicians are better. In most areas we are almost as bad as the states (and copyright is one of them), while in other areas we are even worse.

      And we both (Americans and Europeans) are seeing our laws changing continuously for the worse, and we will end up with a very similar set of laws in the end: those that are good for the people in power (i.e.: the corporations).

      You think "the spirit of the law" counts for something in Europe? Do you trust those currently in power in your country to uphold it? Do you think the European Comission cares about "the spirit" of anything?

    31. Re:What did you expect? by Anonymous Coward · · Score: 0

      why should bugs bunny get left out?

    32. Re:What did you expect? by Asclepius99 · · Score: 1

      This is why I think we should move towards a system of copyright that lasts for 25 years with the ability to renew it, each time with the renewal fee getting larger and larger. If you've created Mickey Mouse or Superman and can still make several million dollars in 75 years then you'll feel that it's worth it to renew. If what your work is bad to mediocre then you're encouraged not to renew more than once or twice because you're not making enough money from it to be worth the increasing fee.

    33. Re:What did you expect? by Ihlosi · · Score: 1

      The key word there is limited time.

      No, the key words are "To promote the progess of ...". Copyrights that exceed the lifespan of the creators don't promote progress. They encourage to create once and then milk the creation for the maximum amount of progress, instead of staying creative.

      How many works of Mozard would we have if they had had 50-year copyright spans then? The guy would have been set for life with the expected royalties for his works at the age of, um 14 or so.

    34. Re:What did you expect? by darthflo · · Score: 3, Insightful

      You think "the spirit of the law" counts for something in Europe? Do you trust those currently in power in your country to uphold it? Do you think the European Comission cares about "the spirit" of anything?

      To be honest, no.
      The only way to make the current situation in Europe look any good is to contrast it with the one in the U.S. (and, well, forgetting about the UK helps too). Also, the uptake of several pirate parties throughout Europe (and the occasional sensible court decision) inspire some hope. It'll be interesting to see if they manage to shed the one-issue party image, but if they do, a large percentage of the 18-29 crowd's votes are up for grabs.
      Let's hope for the best.

    35. Re:What did you expect? by wvmarle · · Score: 2, Insightful

      The legal system (courts, lawyers, judges, etc) is imho not supposed to have "common sense" whatever that may be for you. Their task is to implement and enforce laws, no more no less. There may be ambiguities in laws - then courts can decide which way to go. But when the law says that e.g. copyright infringement has statutory damages of $1 mln per count then the court has no choice but to lay down such fines.

      It is the task of the government to write laws based on common sense. That is where you really have to complain: the government that prescribes 100-year copyright terms, not the courts that allow that to happen.

    36. Re:What did you expect? by Anonymous Coward · · Score: 0

      The article you link to explains the inefficiency of communally owned property, not privately owned property. You could hardly find a link that is more in opposition to your argument. You lack insight into the problem anyway. You just shift the power to the government. Why should I care if someone has four billion dollars? The people in the legislature that are supposed to be representing me vex me much more frequently.

    37. Re:What did you expect? by silentcoder · · Score: 4, Interesting

      Jack Valenti during his MPAA reign actually proposed working around the "limited" line by making it "forever minus one day".

      --
      Unicode killed the ASCII-art *
    38. Re:What did you expect? by Opportunist · · Score: 4, Funny

      Do you think the European Comission cares about "the spirit" of anything?

      Only if it's of high enough proof.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    39. Re:What did you expect? by TheSpoom · · Score: 1

      What has happened instead is that time periods have been extended, more and more money has been made, which has concentrated the means of distribution into fewer hands, with the net effect of decreasing the amount of art (music, literature etc.) that is widely available.

      Realistically, if you go that route of logic in US politics, people will start calling you a communist. Sad but true.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    40. Re:What did you expect? by dissy · · Score: 1

      It's pretty obvious really. The whole point of copyright was to enable the creator to benefit commercially from their artwork for a limited period so that they would have an income and be able to continue producing works that enrich/entertain society

      Hmm

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

      That must be why the constitution uses the words 'benefit commercially' and 'income', or words meaning anything remotely similar, exactly zero times :P

    41. Re:What did you expect? by Opportunist · · Score: 1

      It definitly was never intended to give companies, which can "live" forever, a permanent source of income. Originally, "copyright" was meant to be "originator's right", as a means for the artist to defend against publishers that tried to rip them off, paying only for the original publishing of content and then reprinting at leisure.

      Guess who benefits from this perverted version of copyright we have today.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    42. Re:What did you expect? by jargon82 · · Score: 2, Insightful

      Take it a step further and require an annual renewal. Why wait 25 years if some fool can't make good use of their copyright?

    43. Re:What did you expect? by Opportunist · · Score: 1

      Easy.

      When I need time to reap the rewards of my work, I should be protected to actually be able to do just that. Patents originally served a similar purpose, to give inventors a way to get funding for their inventions to produce them instead of crafty businessmen looking at the invention and simply building it without giving the originator any money for it. Likewise, the patent time was supposed to be long enough to give businesses an incentive to actually buy the patent instead of "sitting it out", knowing that a poor 19th century inventor could never manufacture in grand scale and saturate the market quickly.

      If my means to publish my findings are limited to the speed of a person or horse cart, the time it takes to reach the other end of a continent can become critical. Imagine it's 1890 and copyright lasts for 6 months. You're in New York and make a movie. Before your movie can be shown in LA or even Europe, months will pass. Maybe enough months that by the time that you could show your movie it's only weeks until your copyright expires, so cinemas might consider sitting it out and waiting so they don't have to pay you a dime.

      Fast forward to 2009 when you can instantly ship a movie, if everything fails overnight, to any point on this planet where it could sensibly be shown. You have the entire 6 months at your disposal to show it. More than enough time to convince any cinema owner that sitting it out is not an option.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    44. Re:What did you expect? by uglyduckling · · Score: 1

      Sure, you must be right. Sorry. Obviously the point of granting "exclusive Right to their respective Writings and Discoveries" in the Constitution was so that the "Authors and Inventors" could sit around feeling exclusive and rightful, and from those warm fuzzy feelings they would then produce more works, thus promoting the "Progress of Science and useful Arts". Thanks for clearing that up.

    45. Re:What did you expect? by DJRumpy · · Score: 1

      Inflammatory responses to your post aside, I think you bring up a good point. Although the intent of the actual text appears to allow the author of said works to benefit, I think it's obvious they found it somewhat distasteful to discuss it as purely enacted for commercial reasons. I agree that limited copyright is absolutely beneficial to both the industry and the individual. I think congress would have been better served to do a few studies to determine the sweet spot for someone to get a ROI from a work before it should be released to the public. Instead they just listened to only one side, and the law now reflects that.

      They didn't uphold the intent of the constitution, but rather their bottom lines.

    46. Re:What did you expect? by lorenlal · · Score: 4, Insightful

      Do you trust those currently in power in your country to uphold it? Do you think the European Comission cares about "the spirit" of anything?

      I trust those in power to do whatever they are told to by their biggest donors. I think the EC and the US government will do whatever they can, and enact any law they can to further the "spirit" of those donations.

    47. Re:What did you expect? by mog007 · · Score: 2, Informative

      "But when the law says that e.g. copyright infringement has statutory damages of $1 mln per count then the court has no choice but to lay down such fines. "

      In the United States, laws, as well as the accused, are on trial in a courtroom. If the people find a law to be unjust, the jury can strike it down with nullification. If a judge deems a law contrary to higher law, such as state/federal constitutions, the judge is able to throw the law out. It's one of the ideas passed down from the common law that forms the basis of the legal system in the United States.

    48. Re:What did you expect? by jonadab · · Score: 2, Informative

      This school of thought in economics is called "populism". The main problem with it is that, as a rule, it completely wrecks the economy. Typically, seizing the assets of the wealthy in order to redistribute them to the masses leads to majority unemployment and hyperinflation. Just like twentieth-century South America. Not an advisable course of action.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    49. Re:What did you expect? by Anonymous Coward · · Score: 0

      oh noes. people might have to come up with enw ideas rather than just copying old ones and remixing them.

      so fucking what?

      You people don't expect your house to revert to collective public ownership, what's so fairy dust magical about IP that means it cant be owned?

    50. Re:What did you expect? by e70838 · · Score: 2, Interesting

      I am French. Of course we are slightly better than the Americans, our laws are more fair and our politicians may be less subject to lobbying. We are also notably more pretentious.
      Seriously, this is not important, the differences are narrowing and we are getting so badly that they may outperform us one day.

      About "the spirit of the law", we have lost a lot when the French wording of the laws has been abandoned as reference text in favour of English in European Commission. I think that languages have a lot of influence on how we think about things. English fits very well for technical, German for philosophy, French for diplomacy, Italian for seduction, ...

    51. Re:What did you expect? by Opportunist · · Score: 5, Insightful

      It doesn't even matter anymore, does it?

      DRM will take care of copyright not playing a role anymore quite soon. And more movies will be added to the lost movies list. Not because we can't find a copy anywhere. Simply because duplicating it to new media is made impossible and any medium deteriorates over time. It's in the hand of the rights holder whether a movie, a computer game, a song gets "lost". At least until accidents happen and the single existing DRM-free master gets destroyed.

      If you look at the "lost films" list, you will notice that many movies are "almost" lost, because only a fractioned copy of the movie exists, with missing scenes, torn and worn by years of showing. In other cases, films are rediscovered in a cache somewhere, even if the master has been lost in something like the fire in the Paramount storage.

      Take a look at the rediscovered list. It includes such historic material as the first Frankenstein film, W.C. Fields first movie, the first Titanic movie (made 1912), and also important documents of early FX mastery as Metropolis (which was only existing in fragments until an almost complete copy was discovered last year). Now imagine these movies gone.

      This means losing history. Art history. And we will see a lot of it happen in the future. And while I tend to agree that with many movies made today it would probably not be a loss to art, for many more it would certainly be. What I personally find especially scary is that it will become trivial for rights holders and even governments to make movies disappear should they become politically or otherwise "unfavorable".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    52. Re:What did you expect? by calzones · · Score: 3, Insightful

      While I'm in favor of the same reform you are, your argument can easily be twisted to support the status quo. Congress can argue that they were convinced that extending copyright duration incentivized the sort of production that has established hollywood, the record labels, and book publishers; they can say the sheer riches these companies and individuals have amassed is proof that progress in these areas has been promoted and has succeeded. Some could argue that much of the arts we have today would not exist were there not such a huge monetary draw.

      As for Mozart, I think a some might argue that he SHOULD have benefitted more than he did.

      Our position is better defended by clarifying the benefit to society that well-adjusted copyright terms would offer, by illustrating the perverse cancerous growth of these publishing industries that has taken place under copyright's inflated terms, by demonstrating the productive stagnation in OTHER areas that has occurred as a result of descendants leeching off some author's famous work, or as a result of some poor artists who think they have made it when they release a hit record having grown up with no other goals or vision, and ultimately collapse into a life of mediocrity or poverty accelerated by artists' natural tendency for debauchery.

      The question one must address is not simply whether we need to "promote the progress..." but WHY those words were written to begin with. Why did they want to promote progress? Surely it was not to create a whole new class of copyright barons and sharecropper artists who yearn to join the ranks of the barons and occasionally get there like court jesters. Surely it was not to promote it to the point that there is a stranglehold on creative works that prevents society from benefitting from them to their fullest. Because the point of promoting the progress is of course to bring a benefit to our society. To make things better across the board and allow us all the opportunity to benefit both as consumers and reusers of content AND creators.

      --
      Asking people to think is like asking them to buy you a new car
    53. Re:What did you expect? by wvmarle · · Score: 3, Interesting

      In the United States, laws, as well as the accused, are on trial in a courtroom. If the people find a law to be unjust, the jury can strike it down with nullification.

      Can be done, I know, however I heard in other /. comments that this is really rare. I'd like to see some examples where this was done. The consequences can be "interesting" I'd say.

      If a judge deems a law contrary to higher law, such as state/federal constitutions, the judge is able to throw the law out.

      That is not specific to common law - and that is indeed how this discussion started: the testing of a law (copyright term) against the constitution. All countries with constitution or something like can subject laws to such tests. In case of the EU, national laws can be tested against EU laws (though I have no idea what would happen if an EU law goes against a member country's constitution). This is similar to the US with states and central government, albeit that there is a central constitution, while in the EU most if not all member states have their own constitution, and there is also that document called EU constitution nowadays. How much that is really a constitution in the traditional sense I don't know. It's a complex mess at best. At that point the US is way ahead of the EU but then the EU is younger and came into existence differently.

    54. Re:What did you expect? by QuoteMstr · · Score: 5, Interesting

      Typically, seizing the assets of the wealthy in order to redistribute them to the masses leads to majority unemployment and hyperinflation. Just like twentieth-century South America.

      Or present-day Zimbabwe. You're right: uncontrolled, ad-hoc, and chaotic confiscation produces economic mayhem. Granted, in all these cases, the economic populism was also coupled with a thoroughly rotten political system (take, say, Peronism) which confuses the analysis somewhat.

      But that's not to say that all wealth redistribution will cause catastrophe. In the 1950s and 60s, we had high top-end income taxes here that worked very well; Europe still does, and they're better off for them, having some of the lowest gini coefficients and the highest standards of living in the world.

      In order to make wealth redistribution work:

      • don't take property directly: instead, put a tax on wealth
      • spend the additional revenue on infrastructure and social development with Keynesian properties (like healthcare and education)
      • make the process fair and transparent: use simple rules that convince everyone the process is happening according to established principles
      • make the maximum wealth level high enough to provide plenty of incentive to work

      (By the way: instead of causing hyperinflation, raising our top-end tax rates would substantially reduce our budget deficit, strengthening the dollar.)

    55. Re:What did you expect? by cherokee158 · · Score: 1

      Y'know, I think the key phrase there is actually "to authors and inventors". Why should copyright protection persist if the registrant has already expired?

    56. Re:What did you expect? by mcgrew · · Score: 1

      New law - Copyright doesn't expire.

      That would be a good thing. It would be unconstitutional, and possibly would pave the way for a new Eldred. Praksys says in response to someone responding to you "SCOTUS responded that they couldn't give a shit what the constitution says" but that's not entirely accurate. What they actually said was that "limited" means whatever Congress says it means (read Lessig's book, it's GPL and posted on his website).

      After all, the current length is for all intents and purposes unlimited. I'm 57, and I'll be dead long before copyright expireds on anything produced in my lifetime.

      We wouldn't have this problem if you couldn't lobby or "contribute" to anybody you weren't eligible to vote for.

    57. Re:What did you expect? by Eivind · · Score: 2, Interesting

      Indeed. One of the most disapointing recent decisions. In essence, the court said that the term "for limited times" in practice means nothing whatsoever. Because it means that there must BE some limit, but it doesn't need to be a practical limit. a 100 year copyright on computer-software is in practice aproximately infinite. And the court sees no principal problem with a 999999999 year copyright. That's "limited", right ?

      Way to make a mockery of the constitution !!!

    58. Re:What did you expect? by mcgrew · · Score: 1

      It is -- nothing created in your lifetime will expire before the death of your universe.

    59. Re:What did you expect? by Kiaser+Zohsay · · Score: 3, Insightful

      Another reason to DENY companies person-hood

      I don't see what that has to do with copyright at all.

      The reason copyright terms have been extended so many times for so long is that large corporate media has exerted its large influence in Congress to get these laws passed. The interests of the general public are not represented by lobbyists, giving the corporations a monopoly on the attention of Congress. Limiting the size (and thereby the power) of these corporations would break part of that monopoly power.

      --
      I am not your blowing wind, I am the lightning.
    60. Re:What did you expect? by mcgrew · · Score: 1

      Everything we need to fix problems with corporations are in the Bill of Rights and the Constitution

      I argued several years ago that the bill of rights is dead.

    61. Re:What did you expect? by Kiaser+Zohsay · · Score: 3, Informative

      Limit the maximum size of corporations.

      Hear that, AIG? Too big to fail is too big to exist.

      --
      I am not your blowing wind, I am the lightning.
    62. Re:What did you expect? by Anonymous Coward · · Score: 0

      the idea is not flawed. but neither pure capitalism is: theory says that most of the capitals should always be reused for other investments, being rich is something that is totally against capitalism, where people should be maximizing their income rate and not their wealth.

      the flaw is, of course, in the people. at least 50% of the people are moore gredy and mean than the other half, statistically. you can't change this. in your idea, the flaw is in "taking the gathered wealth and redistribute it on the infrastructure"

      a concrete example: in italy there was a car ownership tax, based on the car hp, so proportional on the actual car price and indirectly owner wealth, which was ought to be used for improving the road infrastructure. that was a total trainwreck. that law was taken into the courts by angry citizens stating that by the money taken italy should have had everywere freeways with twelve lanes. and as far as this argument was, THEY WON. just to give you an idea of how corruption will prevent your idea to work.

    63. Re:What did you expect? by Opportunist · · Score: 1

      What is reasonable? Reasonable is what accomplishes the goal associated with the law. It is reasonable to expect from a TV to show a picture and produce sound to consider it "working". It's not reasonable to expect it to make your coffee. It's reasonable to expect from a computer that it runs programs written for it, it's not reasonable to expect it to program itself. It's reasonable to expect a TV dinner to be edible, it's unreasonable to expect it to taste like haute cuisine.

      It's reasonable to expect from a copyright law that a person can recover his investments due to the exclusive right to his creation. It's unreasonable to expect that your children, grandchildren and their descendants can live off it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    64. Re:What did you expect? by Opportunist · · Score: 3, Informative

      Can someone hand this person an insightful mod? It's precisely what's wrong with copyright today.

      Copyright should give you an incentive to create. That's its sole purpose. It is supposed to make you want to create instead of sit and wait 'til someone else does. It's the art equivalent of what patents are supposed to be in science: A reason to produce instead of consume.

      It's no incentive to create again if I can milk what I created once.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    65. Re:What did you expect? by Peter+Mork · · Score: 1

      Whereas I agree with the general sentiment, in the original Copyright Act of 1790, copyright was 14 years with a 14-year renewal. I think patents are 7+7. (Even so, it is reasonable to copy any material published prior to 1982.)

    66. Re:What did you expect? by Sir_Lewk · · Score: 1

      To promote the progress of science and useful arts...

      Whoa whoa whoa. My "useful loophoop" sense is tingling...

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    67. Re:What did you expect? by sorak · · Score: 1

      IANAL, but if I understood that ruling, the argument was that, by continually extending copyrights, congress is creating a perpetual copyright. The courts were not saying that perpetual copyrights are OK. They were saying that "I predict this pattern will continue forever" does not constitute a perpetual copyright.

      I personally disagree, but could not make a strong argument about where the line should be drawn.

    68. Re:What did you expect? by zach_the_lizard · · Score: 1

      Can be done, I know, however I heard in other /. comments that this is really rare. I'd like to see some examples where this was done. The consequences can be "interesting" I'd say.

      I am an American and have never heard of a jury striking down a law, and have never heard such a thing called "nullification." The only time I have heard that term is in reference to the principle that Jefferson put forth: that states can nullify unconstitutional laws. There have been many attempts at such a thing, such as the South Carolinian nullification of a tariff during Jackson's term. Also, some northern states tried the same thing over the embargo act. Most famously were the Virginia and Kentucky Resolutions over the Alien and Sedition acts.

      I know of no real attempt to do the same in the modern era.

      --
      SSC
    69. Re:What did you expect? by zach_the_lizard · · Score: 1

      The problem with that assertion is that the problem arises when there can be no private property rights in something, such as a fishing hole, for example. The solution is not more regulation, but to allow it to be owned. Otherwise, the same motives that were in place will still continue to operate. This is the response that prominent libertarians such as Murray Rothbard have given.

      --
      SSC
    70. Re:What did you expect? by sorak · · Score: 1

      SCOTUS responded "On paper, it is limited - we don't care if Congress keeps changing the limit."

      While I disagree with the decision, it's not QUITE the same thing as "[we] couldn't give a shit what the constitution says."

      Agreed. Essentially, our argument is based on the observation of a pattern and the prediction that the pattern will continue. There is a world of difference between "we don't care about your predictions" and "it's illegal as hell and we don't care"

    71. Re:What did you expect? by Dog-Cow · · Score: 1

      While you are not wrong with regard to political implications, the topic at hand is copyright. As long as corporations, which are effectively immortal, can own copyrights, those copyrights cannot expire.

    72. Re:What did you expect? by wvmarle · · Score: 2, Informative

      Wikipedia has a long article about it here.

      In short: a jury can acquit a suspect even when the law says he is guilty of a crime, so going against the letter of the law. In case multiple juries in separate cases do this, precedent is created that in effect overturns the law in question.

      Juries however can NOT by themselves overturn a law. There have to be multiple juries deciding against a law, and even then the law itself is still there, and will have to be removed by the government.

    73. Re:What did you expect? by Moridin42 · · Score: 1

      I doubt your suggestions would hold much hope for improvement. Limiting influence is decidedly difficult. After all, are we going to start legislating who may be friends with whom? No? Then the politically connected will have an overwhelmingly greater influence than those that are not (which is .. most of us). Limit the size of corporations? Ah, yeah. Because if we broke up GM into its constituent brands, it would magically be run by less corrupt people. I doubt it. They'd all still have the same general interests as when it was one conglomerate, there'd just be more of them. All of them willing to contribute the max to politicians of roughly similar ideologies. I'm also pretty sure that regardless of how you structure your "super-progressive" tax, that wealthy people and corporations across the whole country would immediately restructure so as to skirt the burdens of your scheme. I can actually think of a way to avoid a lot of your tax scheme, and it is only truly worthwhile to do if your scheme existed. In the process, a lot more jobs would go offshore.

      On the other hand, kicking corporations out of the political arena immediately means that individuals get to stop competing with themselves. The executives at corporations spend money that isn't theirs for political objectives that benefit themselves (friendly political environments make it easier to reach performance goals and the bonuses for same). The money they spend comes from equity holders, debt holders, employees, and customers. These people, in order to further political objectives they actually care about, must then spend more of their own funds. Eliminate corporate involvement and they no longer need to fight against their own money to get the government they desire. If the corporate executives want that friendly environment for the business, pony up their own cash to make it happen. It won't be any more right. But it does have the advantage of being less wrong than what we've got.

      Note, I also believe that corporations should not be taxed, at all. Since corporations aren't people and pass things like taxes along to actual people, taxing corporations hides a portion of tax burden from those who should have a say about it. So I am willing to release corporations from the responsibilities of being people while stripping them of the privileges.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    74. Re:What did you expect? by zach_the_lizard · · Score: 1

      You people don't expect your house to revert to collective public ownership, what's so fairy dust magical about IP that means it cant be owned?

      Scarcity. I can take your idea, but you still retain it. I cannot do the same for your house. If I take it, you cannot use it. The only way to defend IP rights is to override regular property rights.

      --
      SSC
    75. Re:What did you expect? by Anonymous Coward · · Score: 0

      Your idea(l) doesn't work.

    76. Re:What did you expect? by QuoteMstr · · Score: 1

      that wealthy people and corporations across the whole country would immediately restructure so as to skirt the burdens of your scheme.

      I see statements like this one often. What makes you think that regulations, no matter how well-written, can always be avoided? I like to think the courts are more competent than that.

    77. Re:What did you expect? by techhead79 · · Score: 1

      So what's Spanish then?

    78. Re:What did you expect? by tepples · · Score: 1

      The reason copyright terms have been extended so many times for so long is that large corporate media has exerted its large influence in Congress to get these laws passed.

      And that's because the MPAA, which benefits from long copyright terms, owns all five major television news outlets.

    79. Re:What did you expect? by spyfrog · · Score: 2, Interesting

      This is simply untrue.
      Where I live the supreme court can't declare laws that goes against the constitution illegal, so we have some laws that more or less violates the constitution and that the supreme court (they are allowed to make an opinion about the laws) has told the parliament that the law is unconstitutional but the parliament has passed them anyway.

    80. Re:What did you expect? by Anonymous Coward · · Score: 0

      consequences - a corrupt system leads people to not care

      after all, why should they, they can't do anything since they already sold out democracy

      greed is evil

    81. Re:What did you expect? by cpt+kangarooski · · Score: 3, Insightful

      It's pretty obvious really. The whole point of copyright was to enable the creator to benefit commercially from their artwork for a limited period so that they would have an income and be able to continue producing works that enrich/entertain society.

      No, the whole point of copyright is to benefit society by encouraging the creation and publication of works which otherwise would not be created or published, while restricting the public's use of those works to the least extent possible, in both duration and scope.

      It isn't meant to support an author no matter what (a flop is a flop, regardless of copyright), and frankly, who cares? It isn't the authors we care about; it is their output. And even then, we still want to be frugal, and provide authors with the bare minimum incentive that gets them to actually keep creating and publishing more of the works that we want.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    82. Re:What did you expect? by spyfrog · · Score: 1

      No, all countries can't do that. In Sweden for instance you can't get a law tried in court if you think it violates the constitution. We actually have several laws in effect now where "lagrådet" (which is more or less the supreme court members who are giving opinions about new laws and if they violates the constitution) has said that the law is in conflict and the law have been passed anyway. However, we can't get these laws overturned because it violates the constitution. However, the law will be more or less useless since all courts will follows the supreme courts ruling off the first case that goes that far, so in practice it can't be upheld.

      When it comes to complain to EU - a law has to violate some EU charter to be able to do that. Or it has to violate human rights.
      If the EU court finds that a law is wrong, the law has to be changed or the member state will gets fines until they change the law.

    83. Re:What did you expect? by Entrope · · Score: 1

      Yay for living in Europe, where the spirit of the law still counts for something.

      So, uh, what's the term of copyright in Europe? Last I heard, it was author's life plus 70 years, which is the same as the US. Europe decided to adopt that term five years before the US did. (I do know the US has a different--usually longer--term for works made for hire, but I haven't seen any indication that European copyright law recognizes that category.)

    84. Re:What did you expect? by Anonymous Coward · · Score: 0

      Boo-hoo, I can't write my lame fan-fiction chapter of the Star Wars saga because of copyright. I have to create my own characters and create new stories and can't just use other people's works.

      Oh, when will my pain end?

    85. Re:What did you expect? by smartr · · Score: 1

      When the law says "Congress shall make no law abridging the freedom of speech," I thought that was very unambiguous. It's also higher on the list.

    86. Re:What did you expect? by uglyduckling · · Score: 1

      I think you're arguing the same thing as me and just altering the order/precedence of the terms. But, then, you are a lawyer ;).

    87. Re:What did you expect? by LWATCDR · · Score: 1

      The copyright law was extended because of pressure from Europe. It was Victor Hugo that really pushed for it.
      You guys have the three strikes and banned from the internet laws going in effect.
      And I will not go into how a country in Europe refused to extradite a rich man that was a confessed child rapist.
      Maybe you should take a closer look at your own laws before you get too smug.
      Oh and the restrictions on video games and freedom of political speech as well.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    88. Re:What did you expect? by wvmarle · · Score: 1

      Now I don't know the constitution exactly however there are problem areas. Such as racism. Many constitutions will say that everyone is equal regardless of race/gender/religion/etc. Then comes a person claiming "blacks are inferior!", without any argumentation, scientific or otherwise.

      Free speech maybe - but how about the equality? Doesn't this person deny just that?

      Maybe not the best example but I bet you get the idea. Freedom of speech is not necessarily absolute: there is such thing as hate speech for example, forbidden in many parts of the world. Shouting insults at a police officer is also not always a good idea. And how about direct threats? Are those also fully allowed under "free speech"? Holocaust denial is simply illegal in Germany for example.

      This is not the forum for such a discussion but I just want to make the point that freedom of speech may certainly have its limits. However I think those tests should be done AFTER something has been said. And the person uttering the speech may then be held responsible.

    89. Re:What did you expect? by Elektroschock · · Score: 1

      I predict the USA will collapse and its legal system. We witnessed the same for the United States.

    90. Re:What did you expect? by cpt+kangarooski · · Score: 1

      I think there is a slight difference. Let's switch to the dairy example.

      A dairy farmer has some cows, and is in business for the money. Whatever farming practices cause him to earn the most net profits (i.e. gross revenue minus costs), those are the ones he'll adopt. This might mean letting the cows largely take care of themselves, so as to minimize his costs. This might mean treating the cows like royalty, with gold cowbells, and velvet cushions to sit on in the barn, which has very high costs. Or it might mean being abusive to the cows, giving them electric shocks and drugs.

      The farmer doesn't care about the cows for their own sake, he only cares about money, and therefore only values the cows insofar as they can make milk for him. A magical cow that didn't need food, water, shelter, veterinary services, etc. and kept on producing milk would be his ideal.

      While I'm not advocating that we abuse authors, or force them to do anything, I do say that good copyright policy is concerned only with the public interest, i.e. books. How well authors make out is of no concern whatsoever, except to the extent that it factors into maximizing the public interest, and authors happen to be a necessary evil when getting more books.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    91. Re:What did you expect? by The+Spoonman · · Score: 1

      "Some could argue that much of the arts we have today would not exist were there not such a huge monetary draw."

      That line is enough to derail the whole argument.

      --
      Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
      http://www.workorspoon.com
    92. Re:What did you expect? by Croakus · · Score: 1

      As distribution has become quicker and quicker, the time needed for an artist to commercially exploit their work has decreased and therefore the time period for which copyright applies ought to be shorter, not longer, than in the past.

      The problem is, you don't know WHEN the work is going to be popular - that is decided by the audience and their culture. Just because it's easier / faster to get it in front of a moderate size audience, that doesn't mean the work is going to start generating income right away. For example, Mozart had a giant audience but his work was completely misunderstood in his day.

      Let's say a blues guitarist working for tips in New Orleans pours his heart into an original song and releases the recording for sale via the Internet, but it doesn't make a dime because everyone's listening to rock. Then 14 years later people start to rediscover blues and his song sells millions of copies ... is he just shit out of luck? It's not his fault that he was ahead of his time, why should he be punished?

      What has happened instead is that time periods have been extended, more and more money has been made, which has concentrated the means of distribution into fewer hands, with the net effect of decreasing the amount of art (music, literature etc.) that is widely available. This is now starting to change with digital distribution, although it's quite clear that DRM is not about preventing the pirating of works (because it doesn't stop commercial pirates) but is about maintaining a barrier to entry into the market.

      I don't understand how DRM is a barrier to anything. What few DRM systems I've seen where extremely cheap and easy to implement. Which doesn't matter anyway since I can't think of anyone who's using it.

    93. Re:What did you expect? by dpilot · · Score: 1

      Unfortunately we may as well take it as a given that the copyright on "Steamboat Willy" will NEVER expire. Disney just has too much money, too much influence, and employs too many people. (Jobs! Jobs! Jobs! in the current economy, another root password to the Constitution, in addition to "Think of the children!")

      So let's get more practical... I'd simply like to see copyright extension never happen automatically. Disney has a whole team of lawyers, let them earn some of their pay by periodically filing for copyright extensions on the Disney stable of cash-cows. Let the other companies do the same. But here's the good side... Let the copyrights on the other stuff expire! Unfortunately some stuff is just going to stay copyrighted, perhaps forever minus 1 day. But let's get what we can into the public domain, if only for historic preservation purposes.

      Who knows, perhaps in thousands of years archaeologists will look back at this era, gleaning what they can from our surviving digital records, and wonder whatever the heck "Steamboat Willy" was, while dissertations are written on the cultural significance of "It's a Wonderful Life" in 20th and 21st century America.

      --
      The living have better things to do than to continue hating the dead.
    94. Re:What did you expect? by Elektroschock · · Score: 1

      I mean the Soviet Union and the Eastern Block.

      The United States does not look sustainable in terms of governance to me. In Good By Lenin there is a reference to the Military Parade of the GDR at its 40th anniversary. They were marsching while the state TV commentator was talking the anti-militarist sermon of the communist doctrine.

      So two month later it was all gone forever. Two years later the USSR was downed.

      The collapse of the Western Block may happen next year or later. Russian geostrategist believe that the US will be split in certain zones. I am sure the current copyright regime will survive the test of time.

    95. Re:What did you expect? by CrimsonAvenger · · Score: 2, Insightful

      Now I don't know the constitution exactly however there are problem areas. Such as racism. Many constitutions will say that everyone is equal regardless of race/gender/religion/etc. Then comes a person claiming "blacks are inferior!", without any argumentation, scientific or otherwise.

      Free speech maybe - but how about the equality? Doesn't this person deny just that?

      Equality under the law is not negated by anything you or I might choose to say.

      I/You can say that you/I are/am too stupid to live, but this does not serve as sufficient to make murdering you/me legal.

      Remember, Freedom of Speech means anyone can say rude and hurtful things. It also means that everyone else can think he's an ass for saying such things.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    96. Re:What did you expect? by operagost · · Score: 1

      I am French. Of course we are slightly better than the Americans, our laws are more fair and our politicians may be less subject to lobbying.

      How are your laws more fair? Hint: if they're more "fair" because you take from one person and give to another, that's not "fair"-- that's thievery. Everyone has a right to pursue happiness, but there are no guarantees.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    97. Re:What did you expect? by Runaway1956 · · Score: 2, Insightful

      There's no way you can get enough mod points for that post. It just doesn't matter: Euro, US, UK, Canada, or Australia - every dick in office is on someone's payroll. The "rights holders" have money to throw around, so they can buy a LOT of those dicks. And, it goes beyond our little Euro & English Empire club - little third world nations are being bullied to fall into line.

      What was it Forrest Gump said? "Crooked is as crooked does"? Alright, maybe I'm off a little bit - but it all works out the same.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    98. Re:What did you expect? by Anonymous Coward · · Score: 0

      Ah populism. Let's say you do, what will those 99th percentile people do? Stay in the country, no, they will leave the country and take their assets with them. Let's see 99% of hmmm $0 is $0. Unlike the poor of a country, the rich have the money and the means to leave if tax levels become to onourous.

    99. Re:What did you expect? by JamesP · · Score: 1

      Actually, I guess they're right.

      "limited time" is a very vague term. And I'm not trolling...

      Does anyone know what the authors of the constitution meant?! Maybe they meant one year. Maybe one hundred years.

      Even in your example you're saying "100 years for sw is like forever", well there you go, 'limited time' for sw is different from limited time for a movie.

      And the extensions in the law were, percent-wise, not that big...

      IMHO the limit should be 10 to 15 years

      --
      how long until /. fixes commenting on Chrome?
    100. Re:What did you expect? by operagost · · Score: 1

      Also, wasn't France the country that refused to extradite Ira Einhorn, who killed his girlfriend and stuffed her in a trunk in his apartment, because they didn't like that we tried him in absentia? We have an extradition treaty with France. Reneging on an agreement is not "fair" unless you're Darth Vader.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    101. Re:What did you expect? by JamesP · · Score: 1

      Mathematically, forever (infinite) minus one is still infinite.

      But I'm sure lawmakers will work around that...

      --
      how long until /. fixes commenting on Chrome?
    102. Re:What did you expect? by waddleman · · Score: 1

      Jury nullification exist in the US. Only juries are not told that they have the option and defense is not allowed to educate the jury about the option.

    103. Re:What did you expect? by operagost · · Score: 1

      Nullification happened all the time during Prohibition. Nullification, in fact, exists, because people serve on juries with the necessary right to decide without fear of reprisal for making a "wrong" or unpopular decision.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    104. Re:What did you expect? by operagost · · Score: 1

      I'm still puzzled by this, as the movement of a work into the public domain has no effect on the trademarks. Mickey Mouse will remain a trademark of Disney as long as they renew it-- who cares about a stupid cartoon no one wants to watch anymore?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    105. Re:What did you expect? by Runaway1956 · · Score: 2, Insightful

      I can tell you that there are precious few people on this planet whose worth is more than ten times my own. And, NONE of them are freaking Hollywood stars, or rap singers, or corporate talking heads. On the rare occasion that I've met a person who really was superior to me, they invariably SERVED their fellow man. Nurses, doctors, volunteer workers - people who CARE about their fellow man, and are willing to sacrifice for them. Yes, there are people who are genuinely superior to me - but none of them will ever admit to it.

      Real worth - not some score kept by the banking industry.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    106. Re:What did you expect? by operagost · · Score: 2, Interesting

      In the 1950s and 60s, we had high top-end income taxes here that worked very well

      Only because the tax code allowed so many loopholes that no one in those upper brackets paid anywhere near what the tax rate would suggest. Most loopholes were closed in the 1980s as the rates fell.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    107. Re:What did you expect? by operagost · · Score: 1

      Let's say a blues guitarist working for tips in New Orleans pours his heart into an original song and releases the recording for sale via the Internet, but it doesn't make a dime because everyone's listening to rock. Then 14 years later people start to rediscover blues and his song sells millions of copies ... is he just shit out of luck? It's not his fault that he was ahead of his time, why should he be punished?

      If I start a business and it tanks, should I be able to put it on mothballs for a decade and leave my creditors unpaid while I see if the environment improves?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    108. Re:What did you expect? by Moridin42 · · Score: 1

      I said your tax scheme could be gamed. Which it can. Just like the tax laws we have today are gamed by people and corporation. Or aren't you aware of trusts, incorporation in select localities, and any number of other procedures which are already in place and legal?

      Let us imagine that taxes are super progressive and asymptotic to 100% taxation like you suggest. Unless you reach your absurdly high levels of taxation at absurdly high (read: useless) levels of profit, shifting the bulk of operations out of US jurisdiction immediately and pretty much totally avoids an enormous tax burden. The corporation need only leave behind a retail arm that is, essentially, a non-profit organization. Its aims are only to cover the costs of distribution. The foreign company makes all the profits on its near-retail price sale of goods to the domestic distributor. The domestic distributor has a small markup to cover the costs of domestic transport, retail salespeople, building upkeep, and reports no profits. Or practically no profits. The corporation doesn't care that its earning its profits in Switzerland or Brazil or where the hell ever else is a better taxing jurisdiction. Similar behavior for individuals exist. Some of which is less legal. But if your overseas bank doesn't send the IRS an INT-1099, the IRS doesn't collect or know about your foreign income, even though you are obligated by US law to report it. Or wealthy people may elect to move their citizenship to other, more reasonable, countries. What will the US do? Tell them they can't travel to the states and spend their absurd amounts of money as tourists or resident aliens? Right.. Or they will divide their assets into multiple privately held corporations, trusts, or other asset containers. They'll work it so their reportable income is low, without sacrificing much (if any) of their lifestyle.

      But I'm glad you "think the courts are more competent than that" and that the ability to restructure debt and income is the only problem with your ideas.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    109. Re:What did you expect? by operagost · · Score: 1

      For example, Mozart had a giant audience but his work was completely misunderstood in his day.

      By the way, that's not true. Mozart was immensely popular. His downfall was due to the state of war in Austria, depression, and illness.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    110. Re:What did you expect? by rollingcalf · · Score: 1

      Let's say a blues guitarist working for tips in New Orleans pours his heart into an original song and releases the recording for sale via the Internet, but it doesn't make a dime because everyone's listening to rock. Then 14 years later people start to rediscover blues and his song sells millions of copies ... is he just shit out of luck? It's not his fault that he was ahead of his time, why should he be punished?"

      Yes, he should be shit out of luck. That's what happens to just about everybody who makes a product or service that is not wanted within a short enough time after production. It spoils, or it gets sold off below cost or dumped so it doesn't continue to take up shelf space at the expense of better selling products. Or if it's a whole shop that's producing something nobody wants right now, the shopkeeper ultimately can't pay rent, and gets kicked out, and the business dies. That's not punishment, that's the reality of business and the market.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    111. Re:What did you expect? by s73v3r · · Score: 1

      Trying someone in absentia is pretty underhanded, and does deprive the person of the right to face their accuser. Now if he was tried that way because the French refused to extradite him before, then that's a slightly different situation.

    112. Re:What did you expect? by tibman · · Score: 1

      The blues guitarist isn't SOL. If his songs start making money suddenly after 14 years, he just has to pull out his guitar and make some new ones to cash in. That's the whole point of limited copyright protections i think. To encourage the creation of more works. To allow copyrights to expire and fall into public domain is a good thing! It will make creators the valuable assets to a company, not a portfolio of IP they purchased.

      --
      http://soylentnews.org/~tibman
    113. Re:What did you expect? by mdwh2 · · Score: 1

      At least if they did that retroactively, we could laugh as Disney get sued the hell out of for all the (then) public domain stories they ripped off. The problem with the way it's being done at the moment, companies like Disney get to have it both ways.

    114. Re:What did you expect? by operagost · · Score: 1

      He was tried that way because he skipped bail! In other words, it was his fault-- and Pennsylvania waited TWELVE YEARS for him to show up before they decided to have the trial.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    115. Re:What did you expect? by houghi · · Score: 1

      If you can play with words like that, it's worth less than toilet paper.

      Welcome to the wonderfull world of politics.

      --
      Don't fight for your country, if your country does not fight for you.
    116. Re:What did you expect? by uglyduckling · · Score: 1

      You see, you're using the work 'punished' as if it was his divine right to profit exclusively from those works in the first place. There's any number of things he could do during the copyright time limit - sell the songs as advertising jingles, sell them to a more popular artist, make them into a blues guitar course. Just like the guy who made 10,000 t-shirts with the losing team on the front, he is out of luck, unless he can get creative and make something else out of it.

    117. Re:What did you expect? by Anonymous Coward · · Score: 0

      As I recall, his main argument was that continually tacking small extensions on to copyright was effectively the same as having an unlimited one. That is, if there is no hard limit on how much or how often it can be extended, it is for all intents and purposes unlimited. At the very least, old works should not have been included in the extensions, as their creators got the full duration that they were promised. But that would have screwed up the main point, which was to make money.

    118. Re:What did you expect? by Anonymous Coward · · Score: 0

      In those words? I doubt it. The meaning of laws do change over time, and copyright does not function in today's society the same as it did when it was written. It's convenient (and in some way correct) for us to say "nuh uh, you can't do that," but clearly they have done it so obviously the law and it's maintenance aren't as black and white as Slashdotters believe. We need real copyright reform, and that may have to come from extra legislation. Everybody making the same comment about the intent of the framers just sounds like Repubs in congress trying to say public health care insurance is unconstitutional because it isn't explicitly in there.

    119. Re:What did you expect? by sjames · · Score: 1

      I would argue they've already exceeded the bounds of the Constitution. As it is currently, when a work is published, no person then alive will likely live to see it expire. As far as they are concerned, it never expires.

    120. Re:What did you expect? by elrous0 · · Score: 1

      I suspect Dinsey isn't nearly as worried about "Steamboat Willy" as they are all there other works which follow shortly on its heals. They make a LOT of money periodically bringing their stuff from the 30's and onward "out of the vaults." If the Bono Act hadn't passed, those works would already have started falling under public domain by now (most notably "Snow White and the Seven Dwarfs").

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    121. Re:What did you expect? by Croakus · · Score: 1

      How is that even remotely relevant to my example?

    122. Re:What did you expect? by Croakus · · Score: 1

      So what happens to all the money that starts pouring in? Who gets it? Because in your scenario, the RIAA and big record companies would get it since they make money from the sale of the audio recordings. The blues guitarist who wrote and recorded the song would make nothing since the Copyright that used to protect him from RIAA and big record companies is gone.

      That's the real problem here. Copyright doesn't protect big companies - they are going to make money regardless. It protects the creator from big companies taking advantage of him. That was the whole point of extending Copyright in the 1970's - to protect creators who were being screwed by big record companies.

    123. Re:What did you expect? by sjames · · Score: 1

      In the process it has become LESS incentive to create. When your copyright will expire in your lifetime, you have reason to attempt to repeat your success to provide for your retirement. When one single highly successful work will last a lifetime, you really have no particular incentive to ever lift a pen again.

    124. Re:What did you expect? by Anonymous Coward · · Score: 0

      thank god for the lisbin treaty, that outlaws the death penalty*!

      *if a cop kills you it is a clean kill

    125. Re:What did you expect? by Croakus · · Score: 1

      It is in fact the creator's right to receive profits derived from his work. That is a fact; he created it and if money starts rolling in as a result of that creation he deserves a part of it. If you want to make money off music, go write your own.

      Further, your counter-points are meaningless. Who's going to use a song no one wants to hear in their ad? Why would a more popular artist record a song no one wants to hear? Who's taking blues guitar lessons if that style isn't popular?

      Some of the most talented people I've ever known have gone through this exact scenario. After spending their entire lives creating art for the enjoyment of others and living on next to nothing suddenly something they wrote 20 years ago becomes hugely popular and lots of money rolls in. Other bands sell tickets to their shows covering the song, bar owners play it over the PA to encourage patrons to stay longer and spend more money, recordings sell hundreds of thousands of copies and record companies rake in dough. Without Copyright protection they wouldn't have seen a penny of the literally millions of dollars that poured in as a direct result of their hard work.

      If you have a problem with that, than your ethics are simply screwed up.

    126. Re:What did you expect? by LWATCDR · · Score: 1

      You think so?
      Your copyright laws last just as long and where passed several years before they where in the US.
      Also how do you feel about your country protecting and refusing to extradite a confessed and convinced child rapist that jumped bail for what 20 plus years?
      How about the Rainbow Warrior?
      Or the Three strikes and you are kicked off the Internet law?
      please the only statment I can agree with the one about being pretentious.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    127. Re:What did you expect? by sjames · · Score: 1

      Arguably, Zimbabwe and most other cases where property was seized are not populism. I say that because the recipients were the current dictator's buddies, not the general population. Really, they were just more examples of the powerful stealing everything from the less powerful.

      Also, rather than progressively taxing, they simply took everything in a single action (often including the life of the landowner).

      It's worth considering that when the federal income tax was implemented, it was intended only for the wealthy. The vast majority of the people made less than the threshold for even having to file a tax return at all. Unfortunately, the brackets were tied to particular dollar amounts rather than to something that would track with inflation, so the brackets have crept steadily downward until the majority must pay.

      Meanwhile, it's complexity has made it effectively a regressive tax. As your income grows, so do your opportunities to avoid the taxes.

    128. Re:What did you expect? by dpilot · · Score: 1

      > who cares about a stupid cartoon no one wants to watch anymore?

      A corporation with a LOT of money. Unfortunately, no other reason is needed.

      --
      The living have better things to do than to continue hating the dead.
    129. Re:What did you expect? by sjames · · Score: 1

      It already is effectively forever. Nobody who saw Star Wars when it was released will live to see it enter the public domain.

    130. Re:What did you expect? by dpilot · · Score: 1

      I suspect that "Steamboat Willie" is perceived as the "lead domino" in the chain. It's also the earliest copyright of their corporate icon, so I doubt the underlying value of the movie is of any significance.

      But there is another reason for them to be concerned. Satire and political commentary are protected expression, but I suspect that the protection can vary widely depending on the circumstances. As long as "Steamboat Willie" is in enforced copyright, I doubt "Steamboat Willie and Debbie Do Dallas" would get much protection. I doubt even more that "Steamboat Willie subverts the Constitutional Basis of Copyright in Order to Pay For Political Power and a Never-Ending Chain of Vacation homes" would pass legal test, even though it *should* probably be protected as political speech, even if unwatchable. I suspect mouse-porn would be much more likely, and to be honest, probably more damaging. Laughter usually works better than expressed outrage. (Except for Rupert's child I guess, but I did say "usually.")

      --
      The living have better things to do than to continue hating the dead.
    131. Re:What did you expect? by ChefInnocent · · Score: 1

      Then in the spirit of Jack Valenti, mathematicians, and lawmakers, a decillion years would be a fine substitute as no one will remember anything in that time, and the universe as we know it may not even exist.

      Myself, I think the 28 years is more than sufficient. If a writer, singer, artist, etc cannot create a new work to generate new revenue in that time, they should get a real job. If a corporation cannot hire new works, they should be dissolved.

    132. Re:What did you expect? by shutdown+-p+now · · Score: 1

      If limited can mean "until the sun burns out", you have effectively stricken "for limited times" from the constitution. If you can play with words like that, it's worth less than toilet paper.

      It's nothing new, especially in U.S. law interpretation school. I mean, when growing a product strictly for your own consumption is "interstate commerce", and military draft is not considered involuntary servitude - in both cases clearly (as in, an idiot can see it) contradiction not the "spirit", but the very letter of U.S. Constitution - the kind of shenanigans that goes on with repeatedly extended copyright term, which at least conforms to the letter, is practically harmless.

    133. Re:What did you expect? by sjames · · Score: 2, Interesting

      Congress can (and will) argue all they want. However, if I offer $1000 for a candy bar, I can argue that it was a successful incentive (since surely someone made me one). However I'd have to be stupid to claim that the offered amount HAD to be $1000 and that $5 or $2 wouldn't have sufficed.

      Copyright is meant to be a bargain between the people and creators. It is meant to promote useful works. A work's usefulness is proportional to it's availability. That is, a work locked in a plastic box where we may look but not touch has only a tiny fraction of the usefulness of a work that we may freely use as we see fit.

      Disney actually crows proudly about their defeat of copyright's purpose when they tell us a work is "going back in the vault". Many works have crumbled to dust while still inside the "box" they never saw the majority of their potential usefulness BECAUSE of copyright law. They went from genuine contributions to the progress of the arts to mere baubles to be ooohed and ahhhed over for a brief time and then disappear forever.

    134. Re:What did you expect? by Anonymous Coward · · Score: 0

      Who is John Galt?

    135. Re:What did you expect? by uglyduckling · · Score: 1

      I don't want to make money off music, and I don't want to abolish copyright. I want to be able to enjoy older works that have already had their commercial day, and use them as I see fit - give copies to friends, alter/sample/remix/re-record etc.. There's nothing screwed up about that, and nothing unethical.

    136. Re:What did you expect? by shutdown+-p+now · · Score: 1

      Does anyone know what the authors of the constitution meant?! Maybe they meant one year. Maybe one hundred years.

      A fairly easy way to know what they meant is to look at the copyright terms as they originally were, at least in U.S.

      IMHO the limit should be 10 to 15 years

      I still think the best scheme would be no real limit, but you need to pay for upkeep of every copyrighted title after a certain period of time passes from the moment of its publication. The period can even be pretty short (say, 1-2 years) - the main point is to give some time to establish the product. If it works, and the product is successful and sells well, then paying the upkeep fee shouldn't be a problem; and, so long as you can keep people interested (so presumably the product is so good it lasts), you earn enough to cover the fee. But, eventually, the interest will fade, and the copyright owner would be faced with either paying the fee to keep the copyright out of his own pocket, or releasing the work to public domain; most, naturally, would choose the latter. Ultimately, this would mean that works are under copyright for amount of time proportional to their success (as measured by popularity). It would also solve the "abandonware" problem.

    137. Re:What did you expect? by hitmark · · Score: 1

      some european nations, like say UK, do not have a defined constitution, instead having a mess of old court judgments that act somewhat like a constitution...

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    138. Re:What did you expect? by Anonymous Coward · · Score: 0

      If you can play with words like that, it's worth less than toilet paper.

      Welcome to the wonderfull world of politics.

      wow shut up douchebag. you are the know-it-all little shit who never grew up.

    139. Re:What did you expect? by hitmark · · Score: 1

      err, thats basically whats going on now. except that rather then paying the "people", they pay individual politicians...

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    140. Re:What did you expect? by dangitman · · Score: 2, Insightful

      DRM will take care of copyright not playing a role anymore quite soon.

      But DRM doesn't work, so how is it going to cause media to be lost?

      --
      ... and then they built the supercollider.
    141. Re:What did you expect? by mpe · · Score: 1

      What makes you think that regulations, no matter how well-written, can always be avoided?

      Another obvious problem is when regulations end up being written and enforced by the "people" who they are intended ti regulate.

    142. Re:What did you expect? by sjames · · Score: 1

      We call them Judges because they are supposed to exhibit the quality of judgment. That's why a judge is allowed to look at a perfectly written and exact contract and tear it up on the grounds that it's unconscionable.

      In criminal cases, even where a jury convicts, the judge can set the verdict aside if it defies reason (that is, if it goes against common sense) or can sentence the defendant to time served (effectively saying the defendant did wrong but not THAT wrong) and call it good.

      Before things even reach court, a prosecutor may decline to prosecute at all. Before it reaches a prosecutor, police are free to look the other way. They are SUPPOSED to do that in some cases.

      There is an ugly and highly questionable trend these days to tie the judge's hands with mandatory minimum sentences. There is an equally ugly trend for police, prosecutors, and judges to obey only the letter of the law and excuse themselves with "just doing my job". In fact, they are doing no such thing! They are just using the population as fodder for their promotions.

      Common sense is supposed to permeate the legal process. To take an example, a number of minors have been convicted for producing child porn by photographing THEMSELVES. The police were SUPPOSED to understand that the law was meant to be applied to adults exploiting children and just give these teens (and perhaps their parents) a stern talking to. The same applies to the prosecutors. The judges in these cases were to find that the very idea of self exploitation in law defies reason. They all failed miserably.

      They have all become the metaphorical doctor who cures headaches forever by beheading the patient.

      In the case of the rather extreme judgments in RIAA copyright cases, the judge SHOULD have found that the amounts were unconscionable for an individual (as opposed to a commercial operation cranking out bootlegs in runs of 10,000). Should have, but didn't. Being a judge is not supposed to be a job where you clock in, put in your 8 hours following orders and not making waves, then clock out.

      The result is a profound loss of respect for the entire "justice system". So far, that loss of respect is confined to a minority. Specifically those at the top of the pile who thumb their noses at it and those at the bottom who avoid cooperation and consider the cops their enemy. As things go on and matters get worse, that lack of respect will spread through the middle class until society falls apart.

      If you want to see the difference between what is supposed to be and what we are heading towards, compare moderate Muslims around the world who interpret their religious laws with common sense and mercy to the likes of the Al Queda and the Taliban who are strict literalists. Compare the state of affairs in Iran to the more moderate Bahrain. Which one do you want as a model of YOUR society?

    143. Re:What did you expect? by Xaositecte · · Score: 1

      It's okay dude, I got the Joke.

    144. Re:What did you expect? by tibman · · Score: 1

      No, if the songs are public domain, anybody (absolutely anyone) can sell them for anything they want.. including for free. Record companies can try to sell the public domain songs (like they do now) but you can always download them for free or get a copy from someone else (not illegal to copy something in the public domain).

      Copyrights don't protect the creators from big record companyies, they protect the creator's work from anyone duplicating and selling it.

      --
      http://soylentnews.org/~tibman
    145. Re:What did you expect? by Anonymous Coward · · Score: 0

      What is a man? A miserable little pile of secrets! But enough talk... Have at you!

    146. Re:What did you expect? by Calithulu · · Score: 1

      He was tried that way because the French refused to extradite him. He fled the country after his arrest to avoid prosecution. He has confessed to the crime, he acknowledges that he did it, but when it looked like his plea deal might not work out he fled to avoid the consequences of his actions.

    147. Re:What did you expect? by StikyPad · · Score: 1

      Unfortunately for him, infinity modified by any value, other than itself, is still infinity.

    148. Re:What did you expect? by StikyPad · · Score: 1

      It doesn't logically follow that tragedy is the result of acting in one's own best interest. If the result of a given act is tragedy for the actor, then clearly he was *not* acting in his own best interest, regardless of what he believed he was doing. The real moral of the story is that ignorance leads to tragedy -- ignorance of the effects of one's actions -- not that self interest is to blame.

    149. Re:What did you expect? by Croakus · · Score: 1

      That's simply not true and was proven false before Copyright reform in the 1970's. The song and the recording are two completely different Copyrights.

      If Kenny Chesney records a song that's in the public domain, he owns the Copyright to that recording. He makes all the money from the sale of that recording until the Copyright on the recording runs out. I imagine he'd have no problem making a shit load of money in under 7 years.

      That would be why big record companies love public domain material so much. It allows them to rake in lots of money without paying royalties to anyone.

      Downloading the song during Kenny's 7 years of Copyright coverage on the recording would still be illegal; you're violating the Copyright on the recording.

      To refer to my favorite example, if Copyright really ran out in 7 years he wouldn't have had to pay Mac McAnally a penny for "Down the Road" since that was written 20 years ago. Kenny would still make millions.

      I don't know how to explain this fact any more simply. You're telling me the sun isn't going to come up tomorrow and I'm fairly sure it will. Just as big record companies are going to continue to make shit loads of money regardless of whether or not Copyright runs out in 7 minutes or 700 years.

    150. Re:What did you expect? by shutdown+-p+now · · Score: 1

      err, thats basically whats going on now. except that rather then paying the "people", they pay individual politicians

      Politicians are relatively cheap, and they're also paying in bulk (e.g. Disney lobbies for its entire set of works). If they had to pay for every single copyrighted work they had produced individually, you can bet the oldest stuff would be in PD by now.

    151. Re:What did you expect? by Trogre · · Score: 1

      I don't think you've been paying attention.

      Given the past twenty years, I must ask: What on God's green earth makes you think anyone in Congress is going to care about the wording or intention of that piece of paper?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    152. Re:What did you expect? by Anonymous Coward · · Score: 0

      Facile troll is facile, also modern US copyright is a clone of our copyright laws, try again.

    153. Re:What did you expect? by agnosticnixie · · Score: 1

      Hate crime laws have nothing to do with speech, they have to do with acts induced by speech: they're just abolishing the Nuremberg Defense for civilians.

    154. Re:What did you expect? by agnosticnixie · · Score: 1

      Mozart was a pop-cultural phenomenon in his own time, lived as a wealthy bourgeois in Vienna, and his only career slump was during the short Austro-Turkish war.

    155. Re:What did you expect? by david_thornley · · Score: 1

      If he can't make money playing the blues, then the possibility of making money from copyright isn't going to get him to play more blues.

      Fundamentally, copyright makes it possible to make money from creative works, and will encourage people to publish creative works if they can make money in a reasonable time. I don't think anybody does that with the hope of cashing in thirty years after creation.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    156. Re:What did you expect? by agnosticnixie · · Score: 1

      Well, that and let's face it, copyright laws that mean most of either Shakespeare, Marlow, Spenser or Jonson wouldn't have been able to write most of their stuff because they'd have been busy suing each other isn't exactly providing much means of advancement of the arts.

    157. Re:What did you expect? by MaskedSlacker · · Score: 1

      Peddling cocaine.

    158. Re:What did you expect? by MaskedSlacker · · Score: 1

      I am an American and have never heard of a jury striking down a law, and have never heard such a thing called "nullification."

      That is because a jury cannot actually strike down a law. Jury nullification means something rather different: http://en.wikipedia.org/wiki/Jury_nullification . In summary, jury nullification is when a jury refuses to convict a guilty party for whatever reason (he's good looking, they fear for their lives, they consider the law unjust, etc.).

      The reason you've never heard of it is because your government has waged a steady war against it for the last century (despite it's being repeatedly validated as a fundamental feature of the legal system for the last 400 years back to the trial of the William Penn jurors in England). The government's war against jury nullification dates to prohibition when it was common for juries to refuse to convict their drinking buddies. In the intervening years the supreme court has ruled on the matter several times, each time confirming the right of the jury to rule however they please for whatever reason, but also affirming the government's right to lie to the jury and tell the jury they cannot do that. This is why you'll occasionally hear jurors say in interviews something along the lines of 'we didn't want to convict him, but the judge said we had to follow the letter of the law.' No, they didn't have to. They never have.

    159. Re:What did you expect? by MaskedSlacker · · Score: 1

      I wanted to add that the WHOLE POINT of trial by jury (especially a jury of your PEERS, which is not really a meaningful social category anymore) is to allow for jury nullification and to encourage justice.

    160. Re:What did you expect? by MaskedSlacker · · Score: 1

      Way to redefine self-interest completely. The 'normal' meaning in economics and game theory is that you make your decision to optimise your outcome, regardless of the actions of others.

      In the case of the tragedy of the commons (which is an uncooperative game), that means taking as much as you can. For any given set of actions by everyone else, taking as much as you can gets you the most possible.

      What you are doing is redefining self-interest by breaking down the distinction between cooperative and uncooperative scenarios--and you're making yourself look like an ignoramus doing it.

      In the tragedy of the commons (or better, the prisoner's dilemma) when everyone acts in uncooperative self-interest the worst possible outcome is the result.

      The prisoner's dilemma is really a better example of the problem that uncooperative self-interest creates--the Nash equilibria theory is better still, though more arcane. Either way, acting in uncooperative self-interest is frequently harmful, but uncooperative self-interest is what is enshrined in libertarian economic theology.

    161. Re:What did you expect? by MaskedSlacker · · Score: 1

      Funny story, that's how Michael Jackson wound up with the publishing rights to the Beatles' catalog.

    162. Re:What did you expect? by MaskedSlacker · · Score: 1

      Not true.

      Sure, Republicans will call you a communist. Most of my family considers me to be a flaming liberal.

      On the other hand, the Democrats I work with think I'm a fascist pig.

      I just scratch my head trying to figure out how being so anti-all collections of authority that I'm a borderline anarchist is consistent with either of those.

    163. Re:What did you expect? by MaskedSlacker · · Score: 1

      It's exactly your example. The blues player isn't being punished at all. Here's a tip: Public Domain works still make money. Hell, I have WALLS covered in them. 14 years later he can still perform that song for new audiences live--unless he's dead, in which case your point is moot, the dead don't need income.

      You have this laughable idea that people DESERVE money for a one-off act (and I even LIKE Kind of Blue, but I still don't think it deserves Fuck You Money for life).

    164. Re:What did you expect? by jrumney · · Score: 1

      Too big to fail is too big to exist.

      The Americans who occupied Japan post-WWII recognized this, and forced the zaibutsu to break up into smaller companies. Now that the world's largest corporations are primarily US based and funding US politicians, they seem to have lost interest in limiting the control over government that such corporations wield.

    165. Re:What did you expect? by Crag · · Score: 1

      I agree that losing all this art is tragic, but we should also keep in mind that before 1900 we had no practical way of preserving this kind of art. For that matter, a lot of other art was lost which can now be preserved because of our ability to make copies automatically. Certainly digitizing sculptures, pictures and performances is a lossy first copy, but every copy after that can be lossless if someone is willing to foot the bill.

      In 100 years we're going to have the opposite problem: we will have more art than we know what to do with. It's a good problem to have.

    166. Re:What did you expect? by mog007 · · Score: 1

      Jury nullification was used as recently as the early 20th century, when the crazies outlawed alcohol. People would be tried for bootlegging or whatever, and the jury would invalidate the law.

      It's not common anymore simply because the judge doesn't want the jury to exercise their rights, the judges want the jury to determine guilt, and in some situations, punishment. If judges recognized the jury's right to nullification, then the judges would be reducing a little bit of their power because right now they're the only ones who have the de facto ability to nullify a law.

    167. Re:What did you expect? by silentcoder · · Score: 1

      I think that's why his plan wasn't actually *made* law ? Even as Cher (working to finish her deceased husbands term) actively tried to make it so.

      Personally, I think Sonny Bono may have had a point: it probably *is* wrong to Cher music.

      --
      Unicode killed the ASCII-art *
    168. Re:What did you expect? by Eivind · · Score: 1

      Yes, it is vague. But many things in law is. That it's hard to pin a definite line to a sentence in law lends no support to the idea that the sentence is meaningless. It's just as hard to pin a definite line to what "indecent" means, but the courts still do every day.

      One of the primary jobs of the supreme court is to draw these lines. In this case they where asked three things:

      If congress stretches copyright by 10 years every 9 years, making copyright in practice infinite, how often can they do this before they're in violation of the constitution ? (answer: not-sure-but-more-than-7-times)

      Second question: If something was written before I was born, yet will remain in copyright for significantly longer than I'm likely to live; doesn't that make it *effectively* not "limited", on a human time-scale ? What -is- the limit to "for limited times" ? Answer: For limited times in the constitution has no practical consequence, the court sees no principal problem with claiming that a 999999999999 year copyright is "for limited times"

      Third question: The constitution also contains the PURPOSE of copyright: "To promoted the progress of science and the useful arts" -- but retroactively extending copyright doesn't plausibly do that, and thus is unconstitutional. Also, in economic terms "for the next 70 years" is already 98% of the value of forever (at 5% deprecation), so it seems implausible that a lot of works WOULD get created at 100+ but NOT at 70. Does *anyone* believe that scientific or creative output would drop significantly if copyright was only 70 years ? Answer: Would you quit asking questions that makes us uncomfortable ? We're going to ignore this question entirely.

      Like I said: disapointing. Makes a COMPLETE mockery of the constitution.

        Answer: Disagree, just because.

    169. Re:What did you expect? by Eivind · · Score: 1

      The upkeep should be exponential then. First 10 years for free. $1000 For another 5. Doubling for every renewal thereafter. Doubling in real money, i.e. inflation-corrected.

      At the 10th renewal (after 60 years) you'd be asking a million.

    170. Re:What did you expect? by Anonymous Coward · · Score: 0

      Institute a super-progressive income tax that asymptotically approaches 100% as you reach, say, the 99th percentile of the population.

      No man on earth is worth FOUR BILLION times that of another human being, no matter who is he or what he's done.

      Fuck you looter! Some people are simply more productive than others - you can't legislate for that.

    171. Re:What did you expect? by shutdown+-p+now · · Score: 1

      Yes, that makes sense too. If we consider copyright as "stealing" from society (by building upon the established culture, and then refusing to put your creative work back into it for others to build upon), then the longer a work is withheld from public domain, the more should author pay for the privilege.

    172. Re:What did you expect? by Anonymous Coward · · Score: 0

      But that's not to say that all wealth redistribution will cause catastrophe.

      Wealth redistribution enriches the useless at the expense of the productive, and grants the abhorrent premise that a man may not own the fruits of his labour. It is an abomination. Do you work for free? Fucking looters being generous with Other People's Money.

    173. Re:What did you expect? by Draugo · · Score: 1

      A great summarization, but sadly not possible in the US because of the great commie fright. Anything that even smells like social legistlation is automatically used as a slander against the person who suggests it... at least that's what it looks like from here where I live (Finland) and sadly the legistlation from US is starting to spill over to here.

    174. Re:What did you expect? by Draugo · · Score: 1

      Actually, the whole point of Copyright is to benefit the publishers and distributors. You see, in the days before copyright in the US, books and such were brought from GB or other foreign countries and then outright copied and distributed without a worry, but when there started to be local creators of content in the US, the publishers and distributors came to realization that 'Wait a minute. If we pay this guy to write a book, anyone can still buy it, copy it and start printing and distributing their own copy with lower price. What's that, there's something called copyright in GB... that sounds like a swell idea, let's introduce that here too.' And such is the story of importing copyright from GB to US.

    175. Re:What did you expect? by alecwood · · Score: 1

      and, well, forgetting about the UK helps too

      Yes it certainly does. Unfortunately our country's laws are now changed at the behest of a semi-hostile foreign power, the USA, or an unelected foreign government, the European Commission, rather than the citizens of the country

      --
      Real happiness lies in the completion of work using your own brains and skills.
    176. Re:What did you expect? by elfleco · · Score: 1

      Typically, seizing the assets of the wealthy in order to redistribute them to the masses leads to majority unemployment and hyperinflation. Just like twentieth-century South America.

      Or present-day Zimbabwe. You're right: uncontrolled, ad-hoc, and chaotic confiscation produces economic mayhem. Granted, in all these cases, the economic populism was also coupled with a thoroughly rotten political system (take, say, Peronism) which confuses the analysis somewhat.

      What is this? Oh, just another uninformed slashdot post.

    177. Re:What did you expect? by MattSausage · · Score: 1

      Well, even George Washington had a military draft, and he even shot soldiers for sedition (or something like that). Of course, that was before the Constitution was written.. but with the Revolutionary war so fresh in everyone's mind, I'd be surprised if Military Draft was considered illegal under the Constitution even from the time of its original writing.

    178. Re:What did you expect? by Anonymous Coward · · Score: 0

      Huge problem. Clinton pushed this through to save Mickey Mouse for Disney. This is why Hollywood loves him

      The Great Gatsby #. 1 high school novel was ready Togo public domain. Clinton could speak out. It would take that to get this done.

    179. Re:What did you expect? by vuffi_raa · · Score: 1

      No, it's intended to be an indefinite source of income for the RIAA, MPAA, and a growing list of IP holders who effectively want to own all meaningful human endeavor.

      unfortunately you are half correct as the RIAA and MPAA aren't IP holders but sue on BEHALF of IP holders so they are not only leeches making a living off the backs of both ordinary people being sued, but also off of the IP holders who are leeching off of the artist.

    180. Re:What did you expect? by FrankDerKte · · Score: 1

      A crap, so I am philosophical, technical and diplomatic (in that order) but not seductive. That explains everything.

    181. Re:What did you expect? by Croakus · · Score: 1

      No. I have this idea that if an artist's work isn't appreciated within 7 years of its creation, but suddenly generates millions of dollars on year 8 that the creator should see some of that money.

      Perhaps if you actually had the talent to create something worthwhile you'd share my opinion.

    182. Re:What did you expect? by mpe · · Score: 1

      The whole point of copyright was to enable the creator to benefit commercially from their artwork for a limited period so that they would have an income and be able to continue producing works that enrich/entertain society. As distribution has become quicker and quicker, the time needed for an artist to commercially exploit their work has decreased and therefore the time period for which copyright applies ought to be shorter, not longer, than in the past.

      There are also more people together with a higher rate of literacy which means a bigger potential audience than in the 18th century. The relative costs may also be lower. Thus there are other reasons for a shorter copyright term.

    183. Re:What did you expect? by cboslin · · Score: 1

      I argued several years ago that the bill of rights is dead

      I will have to go back and read that one, can not right now, but I saved it for future reference, also noted that there some good comments associated with it.

      I hope you are wrong, that the bill of rights is not complete dead and also hope that it can be revived along with education about the Constitution as I strongly believe that all the corporate abuses, including Copyright, can be stopped, prevented and reversed if companies are treated as companies and not people.

      It goes beyond the fact that a person lives and dies, even that person can pass the copyright to his children/family/Heirs in a couple of legal forms. Thus the copyright is still being enforced by people directly related to the copyright holder. I am definitely for that, but only the length of the copyright as set originally, not how it has been abused and extended.

      Its absurd that copyrights get extended again and again, beyond the legal limits originally intended.

      If corporations have the same rights of a person, person-hood, they will enforce the copyrights theoretically forever, definitely not what was intended by Copyright law. And not what I would want to see either.

      If companies get more person-hood rights it will only get worse, not better. I sincerely hope the Supreme Court Decision that granted some person-hood rights will be overturned, they have more financial incentive to wreck havoc on current system, including copyright laws.

      Now person-hood for corporations extends into many other areas besides copyright, but that alone does not make it off topic with respects to copyright law, as it applies there as well.

      I see treating people as people and companies as companies with a clear separation (same with religion for the sake of freedom to worship, but that is off topic) as a first necessary step to remove much of the money (ie corporate lobbyists, very few are not backed by corporations...) out of politics. With the amount of money corporations have and their financial incentive to extend the years material remains in a copyright status, well the system is ripe for abuse.

      As to the person who mentioned that it would not be any different if one company gave millions to a politician vs a single multi-millionaire giving that politician/political party millions of dollars (without regards to the legality of how much a single person can give) is most certainly very different as they can not hide in the shadows behind the constructs of a corporation. I would suggest that there are some very rich individuals that are so polarizing because of their views that politicians would think twice about taking their money for fear of losing their office. Sure they are greedy and want the money, however they still have to get votes to get/maintain their office.

      The ability of a company to gain any person-hood rights most definitely impacts Copyrights and Copyright laws in a negative manner.

    184. Re:What did you expect? by mcgrew · · Score: 1

      I'd like to see two reforms (besides revoking personhood to corporations, and if what I've read is correct it wasn't even a Supreme Court ruling, but an error made by a law clerk):

      1. It should be a felony to attempt to contribute to more than one candidate in any race, as that serves no other purpose except bribery
      2. It should be illegal to contribute to any candidate one is not eligible to vote for. Why is it a convicted felon can't affect an election with a vote, but he can with money? Why should Bill Gates, who isn't an Illinois resident or voter, be able to affect an election in Illinois? Corporations, unions, etc should not be able to contribute, period.

      Since that K5 article my 4th amendment rights were abused twice, once on the day we commemorate those who died defending those same rights that were abused!

    185. Re:What did you expect? by cboslin · · Score: 1

      Another reason to DENY companies person-hood

      I don't see what that has to do with copyright at all.

      The reason copyright terms have been extended so many times for so long is that large corporate media has exerted its large influence in Congress to get these laws passed. The interests of the general public are not represented by lobbyists, giving the corporations a monopoly on the attention of Congress. Limiting the size (and thereby the power) of these corporations would break part of that monopoly power.

      -1 Insightful, really, Really REALLY?

      The poster above him did not see what my comment had to do with Copyrights. This post explained it well enough for the average Joe to understand, thus I saw no reason to reply again until I saw the moderation.

      While copyright can be assigned to a corporation, the materials mentioned in the slash dot post were assigned to people, not corporations, think of the time frame people.

      Think about it. If Corporations have the same rights as people and those copyrights were granted/assigned to people, the abuse of extending copyrights for additional years (THE VERY point of the slashdot post to begin with) seems to be perpetuated by companies/corporations (specifically various media companies that also want to inflict DRM BS on us...that's another related topic to copyrights.) Here are two quotes from the slashdot article, so meta moderators see that this post and the last are on topic:

      If the 1790 copyright maximum term of 28 years was still in effect, everything that had been published by 1981 would be now be in the public domain

      and

      ...maximum term of 56 years (if renewed)...

      Obviously corporate person-hood and laws giving corporations the same rights as people is very much a part of this problem, if not part of the heart of the problem.

      Corporations have limited rights, per our Constitution and our Bill of Rights (which the above poster has made valid points how our rights have been eroded over the years...great link/article, and still on topic as well). The abuse of copyright laws by corporations is most definitely part of the problem and impacts all of us directly by denying us access to the materials, as the system intended, after the copyright period ran out.

      Its like the companies have no interest in innovation and providing new entertainment, spending money on new work, helping new artists get discovered and bringing us all quality entertainment. Nope all they want to do is use their corporate lobbyist power to extend the copyright laws further out, denying our use of the material as originally intended after the first 28 year term ran out...

      To the companies, I say innovate or die! And while you are at it, try to create some jobs and help recover the economy, wasting all that money to extend copyright laws to enrich yourself and hurt Americans. Shame on you, I most certainly call that un-American!

      Someone please mode the posters up, this topic of person-hood most definitely applies to Copyright!

    186. Re:What did you expect? by cboslin · · Score: 1

      if what I've read is correct it wasn't even a Supreme Court ruling, but an error made by a law clerk)

      If that is true, should be easy to get it overturned, but suspect that the judges voted corporations the person-hood rights, admittedly I need to look into the specifics. I just know that they did and our founders warned us against this as it would lead to a Fascist state/country. Our founding fathers were very aware of what a Facist state would mean. The same can be said for any veteran that fought in either WWI or WWII.

      We need to get money out of politics and we need to get back to the way serving your country for a short period of time and returning to your profession/job having helped your community, your state, your country as it was envisioned by our founding fathers, at least most of them. There are always exceptions aren't there.

      At least they would have incentives to create jobs if they knew they might need one.

      I am just not sure about the methods. The current slate of laws are abused, as you pointed out, read that post too, wow. Not good at all!

      The biggest abuse related directly to voting is having charges trumped up on an individual or group of individuals making them not eligible to vote. I would like to see voters rights restored to those wrongly accused and I am not interested in creating more laws that can be mis-used, no matter how well intended, by political parties to remove large segments of the population from voting and thus preventing reform while maintaining their corrupt power base.

      Money out, absolutely, but not at the cost of voters and a person's rights.

      While I see the good intent of what you would like, I also know you understand how the powers that be could miss use it to maintain control...

      Its an interesting double edged sword, isn't it!

    187. Re:What did you expect? by cboslin · · Score: 1

      I'd like to see two reforms (besides revoking personhood to corporations, and if what I've read is correct it wasn't even a Supreme Court ruling, but an error made by a law clerk):

      1. It should be a felony to attempt to contribute to more than one candidate in any race, as that serves no other purpose except bribery
      2. It should be illegal to contribute to any candidate one is not eligible to vote for. Why is it a convicted felon can't affect an election with a vote, but he can with money? Why should Bill Gates, who isn't an Illinois resident or voter, be able to affect an election in Illinois? Corporations, unions, etc should not be able to contribute, period.

      Since that K5 article my 4th amendment rights were abused twice, once on the day we commemorate those who died defending those same rights that were abused!

      Right after I posted I thought of this, Prevent any politician from working in a lobbyist capacity for at least 4 years after leaving office, preferably 8 years. By that time they would have other jobs.

      Surely we are not voting for people who can not hold down a job are we?

      I use to think some of the best professors I had in college were the ones who had worked in the field and could relate their work experience with the text book knowledge and tell you why one concept would not work versus another based on practical experience.

      Now that I think about it, term limits plus the above, plus limits on campaign contributions from individuals (ONLY, no companies) might just do the trick.

      Good luck getting any of it approved through a legislature that wants to protect their future chance of becoming a lobbyist.

      After all look at health care, giving MORE money to the health care companies (forcing Americans to do business with those abusing them, who will be the first America, refusing to purchase coverage that gets arrested...not exactly debtor prisons, but not much different either.), doing nothing to stem abuses, correcting the system and preventing anything good coming from the new legislation for at least 4 years further down the road.

      And you would want them to pass laws that would prevent them from taking 6 figure or 7 figure salaried jobs as lobbyists? It just is not going to happen.

      Tell you what, if they allow the FairTax to come out of committee, where its been since 1996, for a floor vote in BOTH the House and the Senate (two different committee road blocks here) then I will tell you that your two proposals might have a chance.

      We just need to elect more people to office that do not intend to make it a profession. Serving your country was never intended by our founding fathers to be a profession, thus encouraging abuses of the system, duh moment there.

      Oh for the record, as much as I would like to see Pres Obama veto it all and insist on a public option, which would make him more politically and publicly favorable than ever, I doubt he will do that. Over 57% of Americans believe Health Care should be a basic right, I suggest to you that our current level of taxation should provide more then enough revenue to cover it also.

      If they can not pass something that majority of Americans want, and want badly, what makes us believe they are going to pass financial campaign reform...wishing they would, but thinking they wont.

      I still like your ideas especially #1 regardless, only concerned about the new laws being abused to control voters and voter turnout.

      With #2 I see the same problems that we have with the two party system, having to register as one or the other in order to vote in the primaries, that needs to be done away with. As most Americans are neither Republicans (9%) nor Democrats (18%)

      In fact advocating and advertising this political reality needs to be part of the process of removing lobbyist money from politic

    188. Re:What did you expect? by alcourt · · Score: 1

      So the book that takes five years to write has to be registered by the amateur novelist five times before they can finally publish and possibly get the first copyright registration done to prevent some big studio from outright stealing the work? (Five years for a first book to publication is pretty good).

      Copyright doesn't just protect the large companies, it also helps prevent a larger corporation from stealing an amateur's work that they've been working on.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    189. Re:What did you expect? by Anonymous Coward · · Score: 0

      Thansin,

      I agree...I don't think enough people are going to give a rip to do anything about it.

      Eric

      Healthy Eating Habits

  2. Sickening by mirix · · Score: 5, Insightful

    I vomit a little bit when I think about the state of copyright. Surely this is advancing the collective cultural repository?

    --
    Sent from my PDP-11
    1. Re:Sickening by iamapizza · · Score: 5, Funny

      It depends on the contents of your vomit, but yes, I'd imagine it'd be an advancing collection of cultures, from your repository.

      --
      Always proofread carefully to see if you any words out.
    2. Re:Sickening by gnupun · · Score: 1, Troll

      Surely this is advancing the collective cultural repository?

      It definitely is. Copyright ensures authors and publishers get paid, which in turn encourages them to write and publish more books. They profit with money and you profit more useful or entertaining material to read. That was the whole premise behind copyright -- temporary financial reward and support for the author in return for permanently enriching the collective cultural repository.

      If your type were to influence reduction in copyright duration, the profits would drop and authors and publishers would cut quality and quantity of books to compensate for the reduction in revenue. Why are you /.ers always looking for a free ride? If you don't want to pay for a book go to a public library. There are thousands of interesting books available for free, but nobody's reading them and they are collecting dust.

    3. Re:Sickening by Anonymous Coward · · Score: 2, Insightful

      And of course good ol' Walt never would have created Mickey Mouse if he'd not known that down the line the brave souls at the company that carries his legacy would fight the good fight and get copyright extended from that extra 20 years!

      Seriously - there is no justification for extension of copyright being retroactive. People aren't going to be motivated to retroactively create new old works...

    4. Re:Sickening by sznupi · · Score: 1

      You seriously think that present long copyrights and huge profits (at least in case of biggest offenders, MPAA, RIAA & co.) do anything towards quantity and quality?

      It stiffens the creativity of huge number of small artists (there's quantity) who can't build on works which are long past their directly profitable time (quality). It's about strong-arming their control as middleman during times when progress (both when it comes to distribution and much lower costs of creation) made them obsolete.

      --
      One that hath name thou can not otter
    5. Re:Sickening by uglyduckling · · Score: 5, Insightful

      No. We're now in a situation where copyright extends well beyond the likely lifetime of the creator(s) of the work in questions. Endlessly extending copyright causes a net decrease in the amount of books/music/etc. available, here's why:

      Long copyright terms have made music and literature into big business and concentrated the means of production and distribution into the hands of mega-corporations who get to decide what is published and what isn't. Long terms encourage companies to exploit their back catalogue ad nauseam rather than constantly seeking out new talent because they know that within [less than a decade | whatever short time period] all of their current catalogue would be valueless. Musicians only have to produce a couple of hit singles to be made for life, and then they can churn out mindless 'concept' albums that no-one really wants to hear. Conversely, manufactured bands can record covers of hits from 10 years ago, and because the big corps control the market, you end up with shops saturated with music that's already been sold ten times over (unless, apparently, you buy Rage Against the Machine).

      If copyright terms were short, amateur musicians like me could record covers of hits from 10 years ago and enjoy the pleasure of recording and giving away music or distributing for free / cheap online. Why should I not be able to record a cover version of a song that's been sitting in a record label's back catalogue and hasn't seen the light of day for 40 years? Compare this to the software market, where software from as recently as the 1980s is being perceived as 'abandonware' and available for download online on the premise that the copyright is owned by companies that no longer exist and therefore no-one will challenge it.

      The point is, copyright per se is a good thing, but the never-ending extension of its terms is definitely bad. It's now well over the the line from stimulating creativity to just lining the pockets of the already very-rich, and the way that the market is set up makes it very difficult for small-time artists to make a dent.

    6. Re:Sickening by Froboz23 · · Score: 4, Funny

      Seriously - there is no justification for extension of copyright being retroactive. People aren't going to be motivated to retroactively create new old works...

      Time Lords need creative incentives too, you insensitive clod!

      --
      Take off every Sig. For great justice.
    7. Re:Sickening by gink1 · · Score: 2, Informative

      "lining the pockets of the already very-rich" is the sole point of extending copyright. Only they could afford the politicians necessary to make this happen.

      But then America exists for the Corporations and the rich, not the citizens.

    8. Re:Sickening by mcgrew · · Score: 1

      It's worse than that. Art, like science and engineering, is built on what has come before. Imagine how technological progress would have suffered if patents lasted as long as copyrights?

      That's how art is suffering now. Had the Brothers Grimm's works been protected by copyright, half of Disney's early cartoon movies would not have been able to be made.

      A good example is Howlin Wolf's record label sucessfully suing ZZ Top's record company* for La Grange, simply because of the "ahow how how" in it. Had we truly limited copyrights that suit would have been impossible, as would the suit against George Harrison's My Sweet Lord.

      Limited copyrights encourage cration. Unlimited copyright hinders it.

      * US copyright law says that musical recordings are "works for hire" and the record company holds the copyright.

    9. Re:Sickening by Theaetetus · · Score: 1

      If copyright terms were short, amateur musicians like me could record covers of hits from 10 years ago and enjoy the pleasure of recording and giving away music or distributing for free / cheap online.

      Or you could, you know, write your own songs...

      Seriously, if you lack the creativity to write your own, why should you get to use someone else's without paying them even a small royalty?

    10. Re:Sickening by Croakus · · Score: 1

      Nothing's stopping you from recording your own covers of hits from whenever. You don't even have to ask permission. If you want to record and release a cover of a song that's been sitting in the back catalog for 40 years, go for it. I'm sure the writer's would be very flattered to know someone's still listening after all these years.

      Here's an excellent account of another indie musician who did exactly that:

      http://www.cleverjoe.com/articles/music_copyright_law.html

      The fact is, Copyright doesn't prevent anyone from creating new works - if anything it encourages you to do so in order to avoid paying royalties. But your main objection seems to be that it prevents you from making money off other peoples work. Which isn't even true.

    11. Re:Sickening by uglyduckling · · Score: 2, Insightful

      Because I'm not talented at writing songs, but I'm good at arranging and playing my instrument(s). Songwriting and recording and performing are different (and not always related) skills. Why should Dan Brown be able to [mis-]quote the Bible without paying royalties? The re-use, re-arrangement, re-imagining, etc. etc. of existing works is part of creativity, not its antithesis, and by making creative works virtually permanent 'property' of a select few corporations, creativity is being decreased.

    12. Re:Sickening by Theaetetus · · Score: 1

      Because I'm not talented at writing songs, but I'm good at arranging and playing my instrument(s). Songwriting and recording and performing are different (and not always related) skills.

      I'm not a good fiction writer, but I'm a good reader. I should get free books, right?

      Why should Dan Brown be able to [mis-]quote the Bible without paying royalties?

      Because the authors of the Bible have been dead for several centuries.

      The re-use, re-arrangement, re-imagining, etc. etc. of existing works is part of creativity, not its antithesis, and by making creative works virtually permanent 'property' of a select few corporations, creativity is being decreased.

      ... says the person who admits they're not talented at writing songs. I don't think it's the evil copyright that's stifling your creativity. In fact, even if it is, then you're not actually being creative. For instance, if not for copyright, I could write a story about an island park filled with dinosaurs cloned from DNA found in mosquitoes trapped in amber, with an evil computer nerd who steals some of the DNA and shuts down the security systems one night in the rain. But the problem there isn't copyright - I'd still be stealing someone's work and not using any creativity of my own.

    13. Re:Sickening by uglyduckling · · Score: 2, Insightful

      I'm not saying that copyright alone is stifling my personal creativity, I'm saying that - in general - a more permissive attitude to the re-use of work (enabled in part by copyright law that is much more in keeping with its original intent) would increase the amount of creative works available to enrich culture.

      OK.... so you've decided that 'several centuries' is long enough to be able to use another person's work, but 100 years-ish where copyright currently stands, isn't. So where would you place the cut-off?

      You wouldn't be stealing if you wrote a story based on Jurassic Park (stealing is when you deprive someone of physical property or money), and simply re-stating the story wouldn't be creative. Writing a story based upon those characters, inspired by the original work, would be creative.

      I'm not a fan of Jurassic Park but I'm a fan of Star Trek, and I have enjoyed fan fiction - but that market relies on the original "owner" allowing and licensing the franchise. To counter your example, given that Gene Rodenberry is dead, I would like to see the original Star Trek scripts/characters/concepts/footage available as public domain - partly for free enjoyment, and partly so that new works can be created from that basis, because I think there are a lot of people who are good at writing scripts but not good at coming up with wholly new concepts, and I would enjoy their creative output.

      By the same token, I'm not good at writing wholly original songs. Although I've penned a few, I'm far far better at musical arrangement, but most of the ideas I have could never be recorded/released without a large investment for licensing that I can't afford.

    14. Re:Sickening by Anonymous Coward · · Score: 0

      Take it easy on the kid, Froboz23; everybody copyrights Hitlers art on their first trip

    15. Re:Sickening by sjames · · Score: 1

      And look where they are now!

    16. Re:Sickening by Anonymous Coward · · Score: 0

      Seriously - there is no justification for extension of copyright being retroactive. People aren't going to be motivated to retroactively create new old works...

      Mickey Mouse has made his way into new stuff, and continues to do so. The incentive is for Disney to keep making new stuff with Mickey Mouse in it.

      Of course, Fuck Mickey Mouse, and Superman too. I doubt the founders had in mind preserving tired old worn out characters into perpetuity. At least with patents, the patent only prevents the idea from being developed until it expires. With perpetual copyright ideas are developed into perpetuity preventing new ideas from taking their place.

    17. Re:Sickening by agnosticnixie · · Score: 1

      The Elizabethan playwrights, under modern copyright, would have been suing each other into oblivion, so drop this nonsensical canard. There's a number of compilations of well known plagiarism between great authors of similar periods in France, and i turns out that, yes, Picasso is right.

    18. Re:Sickening by orin · · Score: 1

      Endlessly extending copyright causes a net decrease in the amount of books/music/etc. available, here's why: Except that in 2009 there are more new book titles published in a single day than there were in a whole month in 1969. 800 new titles EVERY DAY in the USA (citation: http://amarketingexpert.com/ameblog/publishing-news/800-books-published-each-day-in-the-us/) There are more new songs released every week in 2009 than there were in six months in 1969. I dunno how you get your decrease figure when the number of titles published each day is already insanely high. Whatever one wants to say about it, the current copyright rules don't seem to actually stop people creating new works and it could be successfully argued, if you look at the figure, that the current system seems to have provided us with more works of culture on a daily basis than most people could consume in a decade. Even if 99% of it is crap, that's still 8 books published each day that aren't crap. How long does it take you to read 8 books? Longer than a day I suspect.

    19. Re:Sickening by uglyduckling · · Score: 1

      Well, we live in a world in which copyright terms have been extended over and over, so in the absence of a parallel universe to compare with, we can only argue about this in theory. Look at the original point of the story summary: there are thousands of works that could/should have been public domain by now that aren't, which means that works that should be freely available to anyone are either unavailable (deleted works) or available at a cost that many can't pay. Also, those works should be available for remixing/mashups/sampling/fan fiction modification/etc., but aren't.

      I would therefore argue that creativity flourishes in spite of the current copyright regime, not because of it. I'm not saying there should be no copyright at all, I'm saying that we've crossed well over the compromise point. My decrease figure isn't that there's somehow less songs/books/etc. in the world, I'm saying that there's a vast pool of untapped creativity that we could all be enjoying if not for the current system.

  3. Ridiculous by tylerni7 · · Score: 3, Insightful

    I think this graph in the wiki links sums the problem up nicely.

    These copyright extensions are simply ridiculous. It's pretty obvious that the copyrights are going to continue being extended indefinitely, even though this clearly wasn't the original purpose of our IP laws. What gives?

    1. Re:Ridiculous by mpe · · Score: 3, Interesting

      I think this graph in the wiki links sums the problem up nicely.
      These copyright extensions are simply ridiculous.


      The problem actually appears to have started in 1831. Why was nothing done then, since the US Congress dosn't (in theory) have the power to create ipso post facto laws?

    2. Re:Ridiculous by Lloyd_Bryant · · Score: 3, Informative

      The problem actually appears to have started in 1831. Why was nothing done then, since the US Congress dosn't (in theory) have the power to create ipso post facto laws?

      I believe the term you're looking for is "ex post facto" ("after the fact") laws, not "ipso facto" ("by the fact itself").

      I believe the courts *have* limited Congress, in that they aren't allowed to pass a law that would put works that have fallen into the public domain back under copyright.

      --
      Don't tell me to get a life. I had one once. It sucked.
    3. Re:Ridiculous by machine321 · · Score: 1

      I believe the term you're looking for is "ex post facto" ("after the fact") laws, not "ipso facto" ("by the fact itself").

      I sometimes think Congress should not be able to create laws ipso facto either.

    4. Re:Ridiculous by cherokee158 · · Score: 1

      Y'know, that graph closely parallels the average increase of the human lifespan in industrialized societies.

      http://images.quickblogcast.com/80618-70584/Life_Span_Chart2.jpg

      Maybe things haven't changed as much as everyone laments.

    5. Re:Ridiculous by Thoreauly+Nuts · · Score: 1

      Y'know, that graph closely parallels the average increase of the human lifespan in industrialized societies

      No it doesn't. Life expectancy and lifespan are completely different things. Life expectancy was low historically because of high infant mortality rates which massively drag down the average. Lifespan OTOH, hasn't changed in several thousand years. More info here: http://www.livescience.com/health/090821-human-lifespans.html/

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
    6. Re:Ridiculous by Thoreauly+Nuts · · Score: 1

      I screwed up the link. Remove the / at the end of it.

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
    7. Re:Ridiculous by CityZen · · Score: 1

      I imagine that the original purpose of both copyrights & patents was two-fold:
      1. Encourage creativity & innovation by providing a limited time period to profit on new works & ideas.
      2. Grow the public domain of ideas after said limited time expires.

      These days, however, that second part has been forgotten, because the word "profit" only appears in the first part, and big companies will do all that they can to keep profiting from something.

      I tend to visualize commerce as a flowing river or stream. You make something people want to buy, and money flows in your direction when you sell. Big companies want to maximize profits by finding existing streams, claiming ownership over them, and redirecting the flow into themselves. Then they do everything that they can to prevent that stream from drying up or otherwise escaping their control.

      In essence, assuming the two purposes stated above are true, big companies are stealing from the public by claiming longer & longer holds on creative works & inventions. They have the laws changed to favor themselves, and Joe Public doesn't fight back.

    8. Re:Ridiculous by Anonymous Coward · · Score: 0

      > I believe the courts *have* limited Congress, in that they aren't allowed to pass a law that would put works that have fallen into the public domain back under copyright.

      I don't think that issue has hit the Supreme Court just yet, though I thought it was appealed to them?

      In short: don't count on that.

    9. Re:Ridiculous by mpe · · Score: 1

      I believe the courts *have* limited Congress, in that they aren't allowed to pass a law that would put works that have fallen into the public domain back under copyright.

      In many cases this would be impossible anyway. Since it's unlikely the that the original author would still be around.
      Increasing the copyright term of existing works makes just as little sense as randomly recreating a copyright. At least in the context of the US Constitution.

    10. Re:Ridiculous by sjames · · Score: 1

      I believe the courts *have* limited Congress, in that they aren't allowed to pass a law that would put works that have fallen into the public domain back under copyright.

      That was but a nod to the issue in their desperate bending over backwards to allow what should have been forbidden. I cannot imagine a fair argument for why extending the time that the public may not freely copy a work after the deal is struck (the work is published) is NOT ex post facto.

  4. Fair Copyright by bl968 · · Score: 5, Interesting

    Give them 7 years, after 7 years, they have to renew the copyright every year for $50-100. If they fail to renew it it becomes public domain. Prohibit the outsourcing of this process, require the actual copyright holder to submit a signed statement each year with the renewal, change the forms yearly to prevent them from stockpiling 100 years of renewals. This process should have a search-able registry of all active copyrights and who to contact about licensing rights. This would allow economically supported works to continue in copyright as long as it is economically supported, but it would also allow orphan works to enter the public domain much faster. It's called balance, and would be a revenue generator for the Government.

    Also they could require the work to actually be available for purchase during the previous year, or else you can not renew it. This would stop the Disney-ish practice of copyright holders removing their their copyrighted works from the market to generate a artificial demand later on for their product.

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    1. Re:Fair Copyright by kenshin33 · · Score: 1

      or may be a permissive "derivative/continuation of work" clause of a sort. That would solve the stagnation issue.
      one good example is "Brutal Legend".

    2. Re:Fair Copyright by SharpFang · · Score: 4, Interesting

      Instead of $50-$100, make the copyright holder choose and pay a fee of 1000x the cost of license.
      If you paid $1000, I can have a copy of your work for $1. If you paid $10k, I can have it for $10. If you paid $10, I can get a copy for $0.01. And you're not permitted not to license the work to me for that amount.

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    3. Re:Fair Copyright by mirix · · Score: 4, Interesting

      How would this work with legal persons though? They have more resources to renew and such than a single natural person. I suppose only allowing natural persons to have copyright would be a nice start.

      --
      Sent from my PDP-11
    4. Re:Fair Copyright by bl968 · · Score: 1

      It would work exactly the same. The price is low enough so as long as you realistically believe that you have a chance to generate some income from the intellectual property in question, you would have the incentive to continue the registration. Corporations would likely possess many more registrations is all, they would pay the exact same fee. You have to do it that way due to the Equal Protection clause. All IP owners weigh the prospects for each one when deciding if it worth renewing the copyright for the coming year, or not. Much of the $50-$100 fee would go towards maintaining the accurate database of all copyrights and copyright holders.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    5. Re:Fair Copyright by uglyduckling · · Score: 1

      I think that's very interesting. The think that bothers me is the amount of music sitting in the back-catalogues of record companies, that could be out there for the general public to enjoy. I'm not talking about recordings here, I'm talking about compositions/songs/lyrics that never see the light of day. Putting a small piece-price on each copyright work would encourage corps to do clear-outs and release or sell on works, and I think that would stimulate creativity and 'enrich society' far more than the current model.

    6. Re:Fair Copyright by Anonymous Coward · · Score: 2, Insightful

      With your idea open source dies.

    7. Re:Fair Copyright by QuoteMstr · · Score: 1

      You have to do it that way due to the Equal Protection clause

      IANAL, but I don't see how that clause applies here. We're not talking about discriminating based on a protected category like race or gender, but rather on size, and we've been doing that for 100 years.

    8. Re:Fair Copyright by Anonymous Coward · · Score: 0

      Your suggestion is complete and entire bullshit, the same nonsense as the patent system. It keeps individuals and small companies from maintaining income and transfers IP to large companies for which a few hundred bucks is peanuts. (And yes, the sums add up quickly so $50-100 can be a problem for small companies and will definitely be a problem for individuals.) There is only one way to get sane copyright: Make it 20 years and not a day longer.

    9. Re:Fair Copyright by StripedCow · · Score: 1

      Nice idea. However, it would be nicer if you or somebody else also gave some idea about how to bring such a system into acceptance.

      Perhaps an idea would be to create something like the creative-commons initiative (or modify it), except allow artists to specify a reduced copyright period. That would fill a gap in the copyright arena, since (no doubt) there are many content-creators that dislike the current state of copyright, and would happily allow a reduced copyright period for their work (after all, the content they create is often an incremental improvement of other people's work). Once there is sufficient leverage, the system could become accepted by governments, and renewal fees could be implemented.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    10. Re:Fair Copyright by TheVelvetFlamebait · · Score: 2, Insightful

      Prohibit the outsourcing of this process

      Why? Why can't someone act on someone else's behalf? I mean, if we can sign away power of attorney, why can't we sign away renewal privileges to other people?

      And how does it apply to artists who sell their copyrights? What if they sell to a company? Who is burdened with the responsibility of personally renewing copyrights?

      Also they could require the work to actually be available for purchase during the previous year, or else you can not renew it. This would stop the Disney-ish practice of copyright holders removing their their copyrighted works from the market to generate a artificial demand later on for their product.

      In what way is the demand artificial? By starving themselves of sales over a period of years, all they do is allow the demand to accumulate. If a product has generally weak demand, it can be a way of minimising the (significant) overhead of catering for a weak market. By showing a little patience, they can make use of the natural demand for the product over a much shorter time frame.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    11. Re:Fair Copyright by Anonymous Coward · · Score: 0

      That might be a bit expensive if you wanted to pay for copyright in the entire world but I really like the basic premise.

      Posting anonymous because i modded you up:)

    12. Re:Fair Copyright by martyros · · Score: 1

      I suppose only allowing natural persons to have copyright would be a nice start.

      How would that work for things like, say, Microsoft Windows? Photoshop? AutoCAD? Software is covered under copyright; taking away corporate copyright would completely trash the software industry at this point.

      --

      TCP: Why the Internet is full of SYN.

    13. Re:Fair Copyright by Anonymous Coward · · Score: 0

      What is more - people should be able to purchase a copy of any item (at a reasonable cost within a reasonable time) for which a copyright holder claims copyright. If the copyright holders do not do so, then the item becomes public domain with immediate effect.

    14. Re:Fair Copyright by jonadab · · Score: 1

      > With your idea open source dies.

      Hardly.

      In the first place, his idea gives you seven years up front for free. When was the last time you used seven-year-old software?

      Additionally, while it would be a problem for restrictive open-source licenses (e.g., the GPL), there's plenty of great open-source software that uses attribution licenses, which in practice are only very slightly different from public domain anyway. As long as the project is active, there's still a strong incentive for changes to be contributed back, because otherwise you have to keep merging them with the upstream changes, which gets old real fast (or you can just plain fork, but then you have to re-implement the upstream new features yourself if you want your fork to have them, which isn't any better). Stallmanist dogma notwithstanding, I believe public domain would work just fine as an open-source "license".

      --
      Cut that out, or I will ship you to Norilsk in a box.
    15. Re:Fair Copyright by eosp · · Score: 1

      In the first place, his idea gives you seven years up front for free. When was the last time you used seven-year-old software?

      These are from Wikipedia.

      • Linux kernel: 1991
      • Vim: 1992, first port to Unix
      • Firefox: 2003. It's getting close. If you extend this to the Mozilla suite, then you're in the 1990s easily.
      • Bash: 1987
    16. Re:Fair Copyright by Ost99 · · Score: 3, Interesting

      Interesting idea, but it will only work for mass market works.
      Software if often produced with less than 1000 customers in the target market.
      How will you ever make money if you have to pay 1000 times your license fee, and only sell a handful licenses?
      I've been involved in software production in one form or other for 12 years, and I've yet not seen one project were we could sell more than 1000 licenses.

      Instead of having a system that scales with the license cost, the system should scale with time.
      First 7 years: $0
      Next 7 years: $100
      Next 7 years: $2000
      Next 7 years: $40000
      Next 7 years: $800000
      etc.

      But it's important to remember: The people pushing for extended copyrights are not very concerned with the income from works about to expire; they are more concerned about the effect competition from works with expired copyrights would have on new stuff.

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      ---- Sig. gone.
    17. Re:Fair Copyright by SharpFang · · Score: 1

      If I'm producing software for 1000 customers, it will be obsolete in 7 years. Or if it isn't, it will be a couple major versions ahead, with new copyright on each of them. This is pretty much non-problem for software where 7 years is eternity.

       

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    18. Re:Fair Copyright by mcgrew · · Score: 1

      A strict reading of the Constitution says that's actually the case. It says "authors and inventors". I don't see how a legal fiction like a corporation could be either one.

      I can afford a registered copyright. I can't afford a patent.

    19. Re:Fair Copyright by sorak · · Score: 1

      I would argue to reduce the cost for a couple of reasons.

      $50-100 per work would be unreasonable for songwriters who may end up writing ten or more songs per year.

      If the charge is not directly related to the cost to keep the copyright office going, then it will become just another tax that can be jacked up every year. Because most copyrights are owned by huge businesses with deep pockets, I would be concerned that the end result would be that copyright costs becoming so incredibly high that only huge labels could afford to have them. (yes, this may sound like a slippery slope argument, but my point is that having the cost be related to the cost it incurs to the government, we would have a safeguard against this)

    20. Re:Fair Copyright by mcgrew · · Score: 1

      I mean, if we can sign away power of attorney, why can't we sign away renewal privileges to other people?

      because it's unconstitutional. The constitution grants "artists and inventors" a limited time monopoly. It makes no provision whatever for allowing the monopolies to be transferred to third parties.

      And how does it apply to artists who sell their copyrights?

      It makes no provision for selling copyright. From the constitution itself, Article 1 section 8:

      The Congress shall have power to ... promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

      The constitution doesn't give congress the power to do anything not stated in that document.

    21. Re:Fair Copyright by Ost99 · · Score: 1

      7 years is a very short time for some types of software (embedded stuff, simulation software, oil&gass related, finance).

      It would also work as a strong incentive against licensing the source code with the software. For some types of software it's common to provide source code and allow modifications, as long as the yearly license fee is paid. You'd never do that if the customer could take the code and become your competitor after 7 years. You'd be surprised if you knew how much of the interesting parts of the software you use today is more than 7 years old.

      In addition to that, there's a lot of stuff depending on copyright that isn't sold. What price would you put on the linux kernel? Depending on who you buy it from it could be free, or it could cost thousands of dollars. How much should the copyright holders pay to keep the linux kernel from 2002 to enter the public domain? And who should have to pay? Everyone with a copyright claim in the source files, or just the main copyright holder?

      --
      ---- Sig. gone.
    22. Re:Fair Copyright by Just+Some+Guy · · Score: 1

      How would this work with legal persons though? They have more resources to renew and such than a single natural person.

      <brainstorming>First 7 years are free. After that, where n is the number of years you've had the copyright, annual renewal is (n-7)% of your taxable income for the year. If you must hold on to something for 50 years, the so be it. But it's gonna cost you.</brainstorming>

      --
      Dewey, what part of this looks like authorities should be involved?
    23. Re:Fair Copyright by natehoy · · Score: 1

      The Linux kernel today is not the same software that was released in 1991. However, if you allow a series of continuous revisions to protect copyright, then authors would simply change one word every month in their works and have continuous protection. The key is protection of the version that existed in a specific point in time.

      If you had a rolling-seven-year copyright on the Linux kernel, then any Linux kernel released in the last seven years would be under copyright protection, and if Linus chose to protect an older version under the GPL, he would be charged 1000 times the sale price of that kernel (of course, 1000 x $0 = $0, but let's ignore that for the moment and assume there's some sort of minimum).

      So if an author makes minor changes to a work, the newly-changed version of the work is automatically protected, and each version gets seven years of protection.

      In the Windows XP world, that would meant that Windows XP is now public domain, and if I remember my dates correctly SP1 is also fair game, but you don't have the right to SP2 or SP3. Those would still be under copyright protection. That does lead to some sticky bits about product activation, but I guess once it's in the public domain it would also be legal to crack the activation scheme, as long as you didn't use the crack to download SP2 or SP3.

      Obviously, in this case, Microsoft would just pull out some pocket change and pay whatever it takes to protect Windows XP anyway, but they'd also be forced to make it available for sale if they did so, at 1/1000 the license fee they set. In Microsoft's case, they'd simply set a license fee of $1,000,000 (chump change) and then they could max their price for XP at $1,000 a copy if they chose to. That would allow them to make XP available at whatever price they chose and continue their push to a Windows 7 migration for their customers.

      But, still, once a specific version of the work hits seven years old, the author either pays for protection of the older work, or it reverts to the public domain. You know, I think I kinda like this idea.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    24. Re:Fair Copyright by TheVelvetFlamebait · · Score: 1

      Clearly someone in the states didn't believe that selling copyrights was unconstitutional, because in case you haven't heard, it's been fairly standard practice for years now. ;-)

      Is there even a clause in copyright law about transferring copyrights? It might just be a contract clause (relying on implicitly accepted properties of property) that was successfully tested in court, and not actually codified explicitly in the copyright acts.

      Also, I'd like to point out that I'm from a country unencumbered by such facets of the US constitution, and I'd feel pretty pissed off if copyright law (or any other law) in every other country was dictated by your rules.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    25. Re:Fair Copyright by SharpFang · · Score: 1

      The purchaseable license would be license to use, not to redistribute. (otherwise anyone could buy my license and then sell copies cheaply) So even the basic $10 fee would suffice to keep GNU GPL working (putting a cap of $0.01 on license fee I can ask for 2002 Linux, but not obligating me to require the fee).

      Anyway, the 7 years is a number pulled by grandparent post out of a hat. It can be 15 years, or whatever. The idea is that you can't claim monopoly on something after certain date, only request reasonable reward, and that maintaining barrier prices will be prohibitively expensive in the long run so you'd have to reduce the price increasing availability.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    26. Re:Fair Copyright by ortholattice · · Score: 1

      Instead of $50-$100, make the copyright holder choose and pay a fee of 1000x the cost of license.

      The problem with the cost of license is that it doesn't reflect what the copyrighted work is worth. A program licensed for $20 that sells a million copies is certainly worth more that a specialized program licensed for $1000 with only 25 users.

      I like the idea of a "property tax" based on what the holder thinks the work is worth. (This is not my idea, but I don't have a link handy.) If copyrighted works are intellectual "property", as is often claimed, why should it be treated differently from other property?

      The idea is to impose (after 7 or 14 years) a 1% tax (or 0.1% or whatever; a reasonable number would have to be determined) on what the holder says the copyright is worth, which is also the price they would be willing (and required, if someone offered) to sell it for. So, if a cheapskate best-selling author said her book was worth $1000 so that she would only have to pay $10 per year, it also means she'd be required to sell the rights for $1000 to anyone who offered. (At which point the buyer could assign their own estimate of its worth, say $1000000, which they'd have to pay taxes on.)

    27. Re:Fair Copyright by jonadab · · Score: 1

      > > Prohibit the outsourcing of this process
      > Why?

      Given the rest of the discussion, why should be obvious. The thinking is, the purpose of copyright is to encourage the production of new creative works by providing funding to the artist, *not* to bind up forever large numbers of works that have already been created in the hands of a few large corporations created for the purpose. If only the artist who created the work can renew the copyright, whole categories of abuse (think: RIAA) just go away.

      I'm not entirely sure I agree with this reasoning, but the motivation behind such a (proposed) restriction is pretty obvious.

      > And how does it apply to artists who sell their
      > copyrights? What if they sell to a company?

      A large part of the point of the proposal was to restrict that.

      > > This would stop the Disney-ish practice of copyright holders
      > > removing their their copyrighted works from the market to
      > > generate a artificial demand later on for their product.
      >
      > In what way is the demand artificial?

      Now, that's actually a good question. It's understandable you wouldn't know this, if you don't happen to know anyone who's really into Disney movies.

      The demand is artificial because they throw a lot of advertising and marketing behind it, announcing *months* ahead of time that stuff will no longer be available after a certain date, so if you *might* ever want it, you have to get it *now*. The first time they did it, they said the movies would not be available again until the year 2000, which at that time (circa 1997) sounded much further away to most people than it actually was. I actually knew a guy who went out and bought several of the movies, which he could not afford at the time (college student), just in case he someday had kids that he'd want to show them to. After he did it, I asked him, "How old would these kids need to be before they could really enjoy these movies?" Oh, he supposed, four or five. "If they were born today, they'd only be three when the movies become available again." "Oh. Yeah." But he wasn't making the decision to buy them with his brain, he was in full-bore emotional panic mode, due to the "you won't have a chance again for a long time" marketing campaign.

      Marketing abuses aside, society is impoverished when desired material remains unavailable for long periods of time. Three years, like in the aforementioned Disney stunt, isn't that long. But current copyright law allows an item to remain unavailable for much longer if the copyright holder desires, which *has* been used to keep certain historically important works artificially unavailable for quite long periods of time due to political controversy, which is wholly against the spirit of the US constitution, IMO. I'm not sure I'm in favor of onerous filing fee requirements for renewal (more paperwork's going to make things better? I'm not so sure), but I *am* in favor of works automatically falling into the public domain if they are not available to the public for, say, ten years running.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    28. Re:Fair Copyright by mcgrew · · Score: 1

      I certainly can't disagree with you. In any case, copyright in the US does not imply ownership; creative works are supposed to be owned by we, the people, and a limited time monopoly granted to the author or inventor. I no more own the works I have copyrighted than I own the house I'm renting; at least, if the congress and courts had any respect at all for the constitution..

      Lessig took the "limited time" to the Supreme Court and lost.

    29. Re:Fair Copyright by Ost99 · · Score: 1

      The purchaseable license would be license to use, not to redistribute.

      Doesn't matter, if the work enters public domain after 7 (or 15) years unless the copyright holder pays the renewal fee. The problem is that with the described model the cost of renewal would be determined by the copyright holders business model, not the value of the work or the protected time period.

      As I said, it was an interesting idea, but it's too complicated and too biased towards mass distribution.

      It's not going to be a problem just for specialized software. Any artist producing and selling artwork with a limited number of copies (or only the original), whould have the same problem. If anyone can copy their work after 7 (or 15) years unless they pay 10-100 times their original income from the work. What would that do to the value of a limited numbered series of copies?

      Copyright laws needs a rewrite, the protection period needs to be significantly reduced and some form of renewal method must be included to make sure orphan works enter public domain earlier. The 1000x license cost renewal fee combined with compulsory licensing just isn't the way to go.

      --
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    30. Re:Fair Copyright by Ost99 · · Score: 1

      And how much property tax would Linux Torvalds need to pay to keep Microsoft from buying all rights to the Linux kernel?

      The 1% (or 0.1%) tax is a better idea than the 1000x license cost insanity, but not by very much - it doesn't address the most broken part of the current system - the length of the protection. Unless the tax is dependent on the total protection time it will change nothing.

      The mandated requirement to sell all rights to anyone offering 100x the yearly tax is just nuts; why would you introduce something that adds so much uncertainty and with such possibilities for devastating results for the creator? What happens when your competitor buys the rights to your low level driver/component/etc that has no value outside your product/program/service but suddenly your competitor can keep your from selling any of your products/services. Todays problems with patent trolls will be peanuts compared to this.

      A system based on this would favor big companies with deep pockets; too much in the IP world already favor large companies - this would only make it worse. There's a hundred ways this could go horribly wrong.

      --
      ---- Sig. gone.
    31. Re:Fair Copyright by jonadab · · Score: 1

      > When was the last time you used seven-year-old software?

      > * Linux kernel: 1991

      You're using a version 0.something Linux kernel? Really?

      > * Vim: 1992, first port to Unix

      I don't know enough about Vim to get specific.

      > * Firefox: 2003. It's getting close. If you extend this
      > to the Mozilla suite, then you're in the 1990s easily.

      Again, you're using Mozilla 1.5?

      > * Bash: 1987

      I bet you've upgraded that, too. Otherwise it almost certainly wouldn't work with a modern glibc.

      I stand by my original assertion. If an open-source project is so inactive that a seven-year-old version is still current and in widespread use, the danger of a closed-source fork seems unimportant.

      --
      Cut that out, or I will ship you to Norilsk in a box.
  5. Mandatory reply by mdenham · · Score: 5, Interesting

    Melancholy Elephants by Spider Robinson. This is the best-written argument I've seen against non-expiring copyrights (and, by extension, copyrights of inanely long duration).

  6. Not 2017, but by 2023... by Afforess · · Score: 5, Insightful

    The next copyright extension will be by 2023. Why? Because that's when the Walt Disney Corp will lose it's copyright on Mickey Mouse. And there is no way they would ever willingly lose their symbol. Walt Disney is the largest lobbying force in the Copyright Term Extensions, primarily because of all their older, but well recognized artistic works.

    Politicians, from both parties, are easily purchased to vote for Copyright laws. Copyright laws appeal to both Democrats and Republican lawmakers. Democrats, because by keeping copyright laws in effect makes them seem like they are protecting the (copy) "rights" of the people, making their constituents happy. Republicans, because by keeping copyright laws in effect makes them seem like they are protecting the rights of business, making their constituents happy. And when both parties agree... everyone loses.

    The biggest problem with copyrights though isn't that it is becoming such a big political issue, at least with some groups of people, or that it is easy to "presuade" lawmakers to side with the copyright holders; it's that Copyright laws are merely a symptom of the disease. Simply rolling copyright laws back to 1790 levels would only be a temporary solution. That fix would be repealed within the decade. The voters need to completely re-shape the political atmosphere of America, perhaps removing the 2 party system entirely (5 political parties, anyone?), or at least reforming the political parties so that Special Interests have much less of a say on future laws and bills. But if we only see more of the same, I expect to eventually see copyrights last an "indetermined" amount of time. Your great-grand-children may live to see the Mickey Mouse copyright expire...maybe.

    --
    If our elected representatives no longer represent us, do we still live in a Democracy?
    1. Re:Not 2017, but by 2023... by bl968 · · Score: 3, Interesting

      A simple way around this is to allow Disney to keep Mickey, you do this by creating a new class of limited rights for National Icons. This would be similar to copyright but would not expire. These would require a specific act of Congress for a copyrightable work to be awarded this status but would not expire as long as the company in question is still actively using and marketing the iconic item in question.

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      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    2. Re:Not 2017, but by 2023... by mirix · · Score: 5, Insightful

      I too, would enjoy a license to print money. Can I get the exemption?

      --
      Sent from my PDP-11
    3. Re:Not 2017, but by 2023... by XanC · · Score: 1

      That would require a Constitutional amendment.

      Of course, an awful lot of stuff that should, doesn't, so maybe it wouldn't.

    4. Re:Not 2017, but by 2023... by mpe · · Score: 3, Insightful

      A simple way around this is to allow Disney to keep Mickey, you do this by creating a new class of limited rights for National Icons.

      Or Disney (TM) could trademark everything to do with Mickey Mouse(TM) in the same way that Paramount (TM) treats everything to do with Star Trek (TM).

    5. Re:Not 2017, but by 2023... by bl968 · · Score: 2, Insightful

      Not really, it would fall under the commerce clause.

      To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; - Article 1, Section 8, Clause 3

      While copyright was limited, a new intellectual property status called "National Icon" would not be directly limited by the Constitution. The idea is if Disney is going to continue to use their money and political influence to craft legislation to suppress the progress of all the Arts and Sciences (extend all copyrights) in order to protect their interest in Mickey Mouse, separate it out!

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    6. Re:Not 2017, but by 2023... by XanC · · Score: 1

      If that kind of thing were covered by the commerce clause, then why is it described elsewhere, in such detail that it specifically excludes what you're talking about?

    7. Re:Not 2017, but by 2023... by dryo · · Score: 5, Insightful

      It's a well-known fact that the limit of US copyright is always at least the age of Mickey Mouse plus one year. It's kind like Moore's Law for copyright attorneys.

    8. Re:Not 2017, but by 2023... by bl968 · · Score: 1

      Copyright is indeed described. However, there is no description, restrictions, or limitations in the Constitution for the proposal I suggested which is creating a new class of intellectual property, a "National Icon" status. Therefore Congress is free to create it without requiring a Constitutional amendment. Again this is not a Copyright, but would grant a similar protection against commercial use as do copyrights, but would not expire as long as the icon is in active use by the creator. I have little doubt that something like this would past court review.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    9. Re:Not 2017, but by 2023... by XanC · · Score: 1

      No, the Constitution specifically grants Congress the power to secure for limited times exclusive rights.

      That doesn't mean they can go make something else up that's unlimited!

    10. Re:Not 2017, but by 2023... by bl968 · · Score: 1

      The key here is that these would not be exclusive rights. The Nation Icon would only secure Commercial rights, which is a power explicitly granted in the Commerce clause of the Constitution. Copyrights protect against both commercial, and non-commercial uses.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    11. Re:Not 2017, but by 2023... by WinstonWolfIT · · Score: 0

      Mickey Mouse, and the Ears, are registered trademarks of Disney. Steamboat Willie, et. al., are the copyrightable works. There's a huge difference between issuing Steamboat Willie on a rogue DVD and selling your product with Disney ears for a logo.

    12. Re:Not 2017, but by 2023... by edjs · · Score: 1

      Sounds kinda sort like trademark. Disney gets to keep Mickey regardless - all they're (probably not ever) losing is a specific work that happens to include Mickey. You can do what you want with the Steamboat Willie cartoon, but you won't be able to market it with Mickey's name, and you'll have to be careful of derivative works that are more than just re-sampling the cartoon.

    13. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      It wouldn't be Copyright stopping you from using it but Mickey is the symbol for Disney and thus Trademarked. Much like how you wouldn't expect to use the McDonalds Golden Arches.

    14. Re:Not 2017, but by 2023... by JumperCable · · Score: 4, Insightful

      Then the answer is simple. We must culturally kill Mikey.

    15. Re:Not 2017, but by 2023... by wvmarle · · Score: 1

      They could trademark it.

      That way they may lose the copyrights on old cartoons featuring Mickey but no-one will be able to make any works with Mickey in it's current looks. There is afaik no need for copyright to keep Mickey Mouse the unique symbol/character that belongs to Disney.

      This way it becomes kind of a logo. A moving, talking logo. And trademarks iirc are protected for as long as they are in use.

    16. Re:Not 2017, but by 2023... by Hognoxious · · Score: 1

      And when both parties agree... everyone loses.

      Indeed. They both certainly seem to be against murder, the rotten bastards.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    17. Re:Not 2017, but by 2023... by TapeCutter · · Score: 1

      "A simple way around this is to allow Disney to keep Mickey, you do this by creating a new class of limited rights for National Icons"

      Maybe we could call such a thing a "trademark".

      Personally I never understood the Mickey Mouse thing, if Disney make a new cartoon staring Mickey then that is a new work and the copyright starts the day it is released not the day Mickey Mouse was dreamt up. How many copies of Steamboat Willy does Disney actually sell these days?

      These corporations remind me of art theives who keep stolen artwork in their basement and won't show it to anyone. Art theives at least have a logical reason to hide their stuff, what is the corporate rationale for doing likewise?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    18. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      the more important question is - how do we convince more democrats to have abortions and get their existing children to start smoking earlier?

    19. Re:Not 2017, but by 2023... by Lloyd_Bryant · · Score: 2, Insightful

      A simple way around this is to allow Disney to keep Mickey, you do this by creating a new class of limited rights for National Icons. This would be similar to copyright but would not expire. These would require a specific act of Congress for a copyrightable work to be awarded this status but would not expire as long as the company in question is still actively using and marketing the iconic item in question

      Or simply link the copyright to a trademark. Trademarks, unlike copyrights, have to be maintained (costing money), and as such are dropped by corporations when they are no longer cost-effective. They have all of the attributes of your "National Icons".

      So Disney could potentially keep "Steam Boat Willie" under copyright for as long as they wish, by tying it to the Mickey trademark(s). But the majority of copyrighted works would never be linked in this fashion (because there's no economic incentive to do so), and could fall into the public domain in a reasonable number of years.

      The real problem with these copyright extensions isn't that certain valuable properties are being kept under copyright forever. It's that the vast majority of works, which aren't particularly valuable, are being kept under copyright forever as a side effect of protecting those valuable works.

      --
      Don't tell me to get a life. I had one once. It sucked.
    20. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 1, Interesting

      I concur, as long as Disney exists, copyright will continue to get extended. You have no idea how much money they make off of Mickey alone.

    21. Re:Not 2017, but by 2023... by KitsuneSoftware · · Score: 1

      Given they have a trademark on Mickey Mouse (which is $-renewed eternal), I've never understood is why they care so much about the copyright on Steamboat Willie. Seriously, does anyone still watch the old black and white 'toons? Can they really make more money from republishing 70-year-old works than they spend on lobbying for yet another copyright extension?

    22. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 2, Informative

      Already applies to "Peter Pan" in the UK, which has perpetual copyright, assigned to Great Ormond Street childrens' hospital.
      Not recognised by other countries though, especially by pirate companies like Disney.

    23. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      The next copyright extension will be by 2023. Why? Because that's when the Walt Disney Corp will lose it's copyright on Mickey Mouse [wikipedia.org]. And there is no way they would ever willingly lose their symbol. Walt Disney is the largest lobbying force in the Copyright Term Extensions, primarily because of all their older, but well recognized artistic works.

      IMO this will certainly happen. The vote to enforce cloture in the Senate on the health care bill proves that the USA has the best legislators that money can buy! I expect this will be moot in Dec. 2012 when the landlord comes to collect the rent....

    24. Re:Not 2017, but by 2023... by a0schweitzer · · Score: 1

      Either way, the world ends in 2012...

    25. Re:Not 2017, but by 2023... by paiute · · Score: 1

      The voters need to completely re-shape the political atmosphere of America, perhaps removing the 2 party system entirely (5 political parties, anyone?), or at least reforming the political parties so that Special Interests have much less of a say on future laws and bills.

      You are modded insightful only because the choices don't include "Yeah, and chocolate should fall from the skies."

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    26. Re:Not 2017, but by 2023... by mcgrew · · Score: 1

      Disney won't lose Mickey Mouse; he's covered by trademark law. Disney will, however, lose Steamboat Willy, the first Mickey Mouse Cartoon.

      The voters need to completely re-shape the political atmosphere of America, perhaps removing the 2 party system entirely (5 political parties, anyone?)

      There were five parties in the last Presidential election on the ballot in enough states that they all had a mathematical possibility of winning the White House. The problem is that the media is owned by the corporations, who have a vested interest in the "two party system" fiction and they're not about to report on anybody but the Republicans and Democrats.

      I'd like to see it illegal to "contribute" to more than one candidate in any race, or to contribute to any candidate you're not eligible to vote for. Why should a millionaire in California have more of a say about who becomes a Senator in Illinois than an Illinois voter does?

    27. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      The biggest problem with copyrights though isn't that it is becoming such a big political issue, at least with some groups of people, or that it is easy to "presuade" lawmakers to side with the copyright holders; it's that Copyright laws are merely a symptom of the disease. Simply rolling copyright laws back to 1790 levels would only be a temporary solution. That fix would be repealed within the decade. The voters need to completely re-shape the political atmosphere of America, perhaps removing the 2 party system entirely (5 political parties, anyone?), or at least reforming the political parties so that Special Interests have much less of a say on future laws and bills. But if we only see more of the same, I expect to eventually see copyrights last an "indetermined" amount of time. Your great-grand-children may live to see the Mickey Mouse copyright expire...maybe.

      The only way I can see this working is if we instated run-off elections, where we ranked the choices. The reason is that under the current system a 3rd party vote is considered 'wasted' by most, thus they will not do it. Under run-off voting a person is free to vote for the least likely candidate, and so on with a 2-party candidate lower on their preferred list, thus even if all the 3rd party candidates they 'want' lose, the main party candidate gets their vote and thus they haven't wasted it. Enabling people to vote for who they want rather than against who they dread would enable 3rd parties to become mainstream, and is, IMO the only way to properly fix this system. Oh that and campaign finance reform that makes political contributions from private members illegal and distributes public funds to the parties according to the percents of 'first choice' votes in the most recent election.

      Any idea if such a platform would get me anywhere in politics? My guess is no.

    28. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      What? That kid from the Life cereal commercials?

    29. Re:Not 2017, but by 2023... by natehoy · · Score: 1

      Which is also known as a "Trademark", and is perfectly workable in law today.

      At issue is not using the specific character of "Mickey Mouse", a white-and-black character with a very specific look. Disney can and should be able to keep that as protected, but they can do that under Trademark law, and no one else could use Mickey or something intentionally similar to him to market products that would compete with Disney.

      Disney is trying to protect all works since they started as a company, including all the words and images in every cartoon and movie they've ever released. That's excessive.

      Copyright should expire on a reasonable schedule (I like the "7 plus limited time available for purchase" idea, but a fixed 20-30 years works too). That releases the works to the public domain and allows derivative works. Trademark should protect the identity of ongoing companies like Disney, and Disney should obviously be issued a trademark for their major characters (within reason). Mickey Mouse is a patently obvious trademark of Disney, and is a complete no-brainer one to issue them in perpetuity (or at least as long as they use the image as a significant part of their identity).

      What that would mean is that the original Disney black-and-white cartoons and all other relevant material would fall into the public domain, but people would still be restricted from using licensed trademarks (like Mickey Mouse) in their derivative works. They could replace Mickey with a rat, a badger, or a stoat, and give him a new name and have at it. They could also freely copy and/or sell copies of the original unaltered work, but once they alter it they need to remove Mickey and replace him with something else that is not a Disney trademark.

      Disney still gets the protection of their corporate identity, which they very much deserve to get, but they don't get protection for every single frame of cartoon they've made in the last century.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    30. Re:Not 2017, but by 2023... by b1t+r0t · · Score: 1

      This could be made moot by providing a means for copyright renewals on a sliding scale. Then the companies that care enough about certain properties to bri...er, lobby Congress into extending the limit every time Steamboat Willie almost becomes public domain will be able to keep them copyrighted. It doesn't even have to be a lot of money for decades worth of renewals, it just has to be an effort by the copyright owner. Even every ten years after the first twenty or thirty should be often enough.

      (Of course a work going into public domain also shouldn't mean that every element of that work becomes public domain. Mickey Mouse should still be a trademark no matter the status of Steamboat Willie.)

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    31. Re:Not 2017, but by 2023... by b1t+r0t · · Score: 1

      I hear he'll eat anything.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    32. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      Europe has a kajillion parties and their copyright laws are worse than ours.

    33. Re:Not 2017, but by 2023... by aaarrrgggh · · Score: 1

      Hey, why do you have to bully Mikey?

    34. Re:Not 2017, but by 2023... by mdwh2 · · Score: 1

      Note that there are many different alternatives to FPTP voting, not just instant runoff - see http://en.wikipedia.org/wiki/Voting_system . It's a shame that IRV gets all the attention, as whilst it would still be an improvement to FPTP, there are many other interesting systems.

    35. Re:Not 2017, but by 2023... by Courageous · · Score: 1

      The two party system is nothing that is codified. Rather, it's something of a natural consequence to the basic system that we do have. To get rid of the two party monopoly, you'd have to roll over to coalition government, or a cascading vote system, or something else. That's a fundamental change to the U.S. Constitution. That's not likely to happen any time soon, at all. Constitutional Amendments aren't even seriously discussed any more. It would take a crisis of epic proportion to even have any hope.

      C//

    36. Re:Not 2017, but by 2023... by LWATCDR · · Score: 1

      The problem is that none of the other parties are really anything but fringe whack jobs. The only ones that where not totally out there where Nader and Perot and I am being generous with that statment. Of course we did have one president from a "third" party with a pretty radical agenda. They where trying to completely change race relations in the US. It was a reall mess when they one but in the long run it was for the best.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    37. Re:Not 2017, but by 2023... by steelfood · · Score: 1

      For that in a democracy, you need an educated populace, and in particular, a populace that values education. Good luck with that one. The entire culture is geared towards a dual party system. The prevailing mentality has been and short of something drastic happening, will remain, if you're not with us, you're against us.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    38. Re:Not 2017, but by 2023... by mcgrew · · Score: 1

      Ok, the guy from the Constitution party is pretty nutty, but the Libertarian was a former Republican congressman and the Socialist candidate had been a Democrat office holder (I don't remember of she was in the House or Senate).

      Lots of people would consider Perot and Nader to be fringe whack jobs. Of course, George Washington and Ben Franklin were fringe nut jobs, very radical. Traitorous to their government; they would be considered terrorists today.

    39. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      kill Mikey

      Give him some cyanide. "He'll eat anything!"

    40. Re:Not 2017, but by 2023... by Anonymous Coward · · Score: 0

      What did Mikey do to deserve that?!

    41. Re:Not 2017, but by 2023... by GargamelSpaceman · · Score: 1

      Fuck Mickey. We have Mickey so we don't get 'the next Mickey' since Disney builds more shit around Mickey. Mickey is Old. Have the decency to let him die. Are we to keep dangling his undead bones around like some kind of emaciated puppet, haunting the minds of children forever and ever?

      --
      ...
    42. Re:Not 2017, but by 2023... by LWATCDR · · Score: 1

      Running as a socialist in the US makes you a fringe whack job.
      Libertarian... The way people behave on slashdot shows that Libertarian's ideas will not work.
      Actually I am annoyed just how many people confuse capitalism with democracy in the US. It is possible to have a democratic socialist system. I don't think that a pure socialist system could ever work well in the US but they can and in other countries and they are pretty free as far as rights go.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  7. What are the odds? by Donkey_Hotey · · Score: 1

    Assuming Congress doesn't step in with a Copyright Extension Act of 2017. What are the odds?

    The odds fall somewhere between slim and you-have-got-to-be-fucking-kidding-me...

    --
    (There is supposed to be a Sarcmark® here, but my $1.99 check hasn't cleared, yet...)
  8. Meh by kjart · · Score: 3, Insightful

    I have a hard time getting excited about this. Whether copyright expired in 1, 10 or 100 years, people would still violate it, whether it be by torrent or some other means of sharing. Copyright infringement has taken the same character as speeding to many people: while people get caught and fined, almost everyone does it to some degree or another, and almost nobody feels guilty about doing so.

    1. Re:Meh by Anonymous Coward · · Score: 1, Insightful

      So..... by extension you are saying that we shouldn't bother making laws at all since people will break them anyway?

      The point here is not if people will break copyrights but when we can stop worrying about doing so. There is a big difference between being able to use 100 year old or 10 year old work without any legal worries.

    2. Re:Meh by delinear · · Score: 1

      The main problem with indefinite copyright extension is not that it stops people copying, but that it discourages new works being created from those old works, or wider legitimate distribution of said works (a website for instance which streams all out of copyright movies, books, music for a nominal fee to cover bandwidth) which might otherwise bring them to a newer, wider audience, because there is the fear of legal action. It's just a ridiculous additional hurdle they're putting in place for no good reason (since we've already agreed it doesn't stop people copying things). I don't doubt that many niche works which were not originally commercially viable and have not been maintained by the originators which are now lost to time, many of these could have been saved with shorter copyight periods helping them enter the public domain sooner.

    3. Re:Meh by betterunixthanunix · · Score: 1

      Perhaps Richard Stallman's argument applies here: copyrights are out of date, and the entire concept needs to be rethought. Stallman argues that copyrights were originally an industrial regulation, created in an age where one required industrial grade equipment to efficiently copy creative works. Personal computers and the Internet have changed the situation, since individuals routinely possess both the equipment and knowledge of how to efficiently copy information. The very concept of a copyright needs to be updated to reflect new technologies.

      Of course, the people who stand to lose money from a revamped copyright system also happen to be the people with the most influence over the government, which is why instead we keep seeing laws passed that try to disguise reality and make us all think that nothing has really changed with regard to creative works (e.g. the DMCA).

      --
      Palm trees and 8
    4. Re:Meh by sorak · · Score: 1

      The law can be as unreasonable as it wants. We don't care because we're all criminals...

      When applied on the broader scale, isn't this how civilizations collapse?

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

      Could this be because they don't respect the law that doesn't protect their interests in the least?

    6. Re:Meh by natehoy · · Score: 1

      True, but there's a certain amount of "vicious circle" in copyright law and copyright violation.

      Speed laws are routinely broken, but as the speed limits become more reasonable for road conditions, more people follow them. If the speed limit on the Interstate were set at 25MPH, you'd have a LOT of people violating it and it would be hard to justify enforcement. Now that it's 55-65, there's a much smaller population of people speeding, and it's easy to justify giving the speed demons real penalties for it. You'll always have speeders and copyright violators, but if the speed limits and laws surrounding copyright are reasonable, speeders and copyright violators will receive a lot less sympathy and you can justify harsher penalties.

      At the moment, copyright law is analogous to setting interstate speed limits at 25MPH and mandating instant impounding of a vehicle and significant fines if someone reports someone else speeding until innocence is determined.

      If the terms of a copyright went for, say, seven years, I for one would be far more willing to tolerate a higher incidence of DRM (provided it somehow released the work when it became public domain) and more vigorous enforcement of copyright law, because there would be a reasonable body of work I could enjoy free of those encumbrances if I chose. I'm all for compensating artists for their work, but it doesn't entitle their great-grandkids to a guaranteed income for life.

      Right now, we have a system where all works are fully protected, in essence, forever. Nothing created since my father was born will stand a reasonable chance of reverting to public domain before I die. Multi-generational absolute copyright protection was NOT what the Founding Fathers had in mind when they protected the rights of cartographers to make money on their original maps (which took a hell of a lot of work to create) for a 20-year period. Limited protection encourages innovation. Unlimited protection stifles it, because anyone who comes out with anything has to spend massive amounts of time making sure it doesn't resemble in any way anything that has come before it.

      You'd still have violators, but it would be a LOT harder to self-justify it, and you'd have a much easier time justifying stiff fines for violation.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    7. Re:Meh by TheGratefulNet · · Score: 1

      Could this be because they don't respect the law that doesn't protect their interests in the least?

      wait, who are we talking about? which side?

      (interesting, in just that, huh?)

      consumers ignore the law since it does not serve them anymore.

      companies BUY new laws (effectively ignoring the older ones) since the old ones don't serve them (as much) anymore.

      the only different between the corps and the consumers is that there is NO ONE TO SPEAK FOR THE CONSUMER anymore. lobbiests buy a steady stream of laws. corps get what they want (always). citizens and consumers (we the people) get nothing. we have no representation. every single politican is (by design, it seems) on the take. name one that isn't, I challenge you.

      therefore, the system is effectively broken.

      what does one do with totally broken systems?

      the next step is y(ours).

      --

      --
      "It is now safe to switch off your computer."
  9. Dear Powers That Be. by Anonymous Coward · · Score: 0

    Please deal with this inanity at once. Just grant Disney their eternal copyright on Mickey Mouse as an exception, and be done with it. Nobody wants the bloody rodent anyway.

  10. For fuck's sake! by dangitman · · Score: 2, Interesting

    so the original Ultima and God Emperor of Dune and would be available for remixing and mashing up.

    Remixing and mashing up? I like a good remix as much as anybody, but the faddish use of these terms needs to die. Mashup, really? You think you're being edgy, but you're actually being a giant cuntnozzle. Get off my lawn!

    --
    ... and then they built the supercollider.
    1. Re:For fuck's sake! by DNS-and-BIND · · Score: 4, Insightful

      Well, what do you expect? That is the state of creatives in the year 2010. They honestly can not think of anything new, and only plunder the past for its riches. Can you imagine a cultural and artistic flowering like the 60s in our current age? Hell, even establishment stooges like Perry Como or Frank Sinatra seem like cutting-edge innovators compared to Lady Gaga or Alicia Keys.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:For fuck's sake! by Anonymous Coward · · Score: 0

      Cuntnozzle? Cuntnozzle! I was using that wod in the days when buggies still needed whips. These new-fangled whipless buggies are an invention of the devil, I tells ya.

    3. Re:For fuck's sake! by sznupi · · Score: 4, Insightful

      Ahh yes, in the good old days people weren't influenced by others in their activities. While you're at it, also point out that in the past youth wasn't on the road of moral and intellectual demise that will doom our civilization.

      --
      One that hath name thou can not otter
    4. Re:For fuck's sake! by Kjella · · Score: 1

      Try looking outside the top 40 sometimes, compared to the 60s there's tons of bands all the way from great to crap best left in the garage that have managed to record a CD. You certainly don't have less opporunity to find it and buy it than you did back then with the Internet and all, despite whatever shenanigans the RIAA is doing. People don't want it really diferent, they want it like sports with this season being almost like last season except the teams and results are slightly different. So you have new teenpop with a hot bimbo or boy bands. You have new blues with someone crying their heart out. You have new country and western though there's next to nothing left of that life and so on. If copyright went away we'd have plenty mixes to keep everyone busy, and it wouldn't be any less "new" than what's already happening.

      --
      Live today, because you never know what tomorrow brings
    5. Re:For fuck's sake! by meringuoid · · Score: 4, Funny
      That is the state of creatives in the year 2010. They honestly can not think of anything new, and only plunder the past for its riches.

      This is why Disney are doing the world a favour by repeatedly buying copyright extensions. It forces people to come up with their own creative original stories - you know, like Disney did - rather than ripping off other people's stories that just happen to be old enough to no longer be protected. Thanks to Disney, creative artists now have the kind of long-term protection that Hans Christian Andersen, Rudyard Kipling and Lewis Carroll never enjoyed, whereas cheap rip-off merchants who only plunder other people's ideas can no longer ply their grimy trade.

      --
      Real Daleks don't climb stairs - they level the building.
    6. Re:For fuck's sake! by Kryptikmo · · Score: 1

      I can't help but think that this is a troll, and the mods have been taken for suckers.

      If we look at the major creative works of the last 100 years, there's Disney animated film, the creation of Rock & Roll, the majority of Science Fiction, almost all Televisual and Film works and a bunch more things that have built on 'plundering the past of its riches'. Disney ripped off the Brothers Grimm and Hans Christian Andersen (Grimm and Andersen 'plundered' folklore), Rock & Roll was based on blues rhythms, most SciFi is folklore, rewritten with shiny robots and there's nothing on TV or in Film that doesn't rip-off Shakespeare, Shaw and Wilde.

      Yes, that's pretty facile, but you have to remember to what I am responding ;-) These things are all worth watching, and learning from. Simply because they are not entirely original does not mean that they are worthless...

      Still, congratulations, DNS-and-BIND - I think that when you are unable to see any worth in contemporary culture, you qualify for a stick, a cap, a bus-pass and possibly a kid-infested lawn!

    7. Re:For fuck's sake! by G-forze · · Score: 2, Insightful

      Parent does not mark his sarcasm clearly enough. For one minute I actually believed he meant that Disney really IS coming up with their own stories. What a thought...

      --
      "There's someone in my head but it's not me." - Pink Floyd, Dark Side of the Moon
    8. Re:For fuck's sake! by Anonymous Coward · · Score: 0

      It forces people to come up with their own creative original stories - you know, like Disney did

      You are joking (and familiar with the history behind many, many Disney symbols), right? ...Right?

    9. Re:For fuck's sake! by gink1 · · Score: 1

      From that standpoint they are doing us all a favor!

      Although a lot of these stories now under eternal copyright were either based on other (uncompensated) author's works or common tales (once public domain).
      Disney has managed to pull some common fables out of the public domain.

    10. Re:For fuck's sake! by Anonymous Coward · · Score: 1, Insightful

      Thanks to Disney, creative artists now have the kind of long-term protection that Hans Christian Andersen, Rudyard Kipling and Lewis Carroll never enjoyed, whereas cheap rip-off merchants who only plunder other people's ideas can no longer ply their grimy trade.

      Heh, I see what you did there. Little Mermaid, Jungle Book and Alice in Wonderland.

    11. Re:For fuck's sake! by mog007 · · Score: 1

      Name a Disney movie that wasn't based on a fable or story from long ago.

      Disney has been making derivative works for almost a century now, and people loved them. Imagine what the landscape would be like if people could base their works on the original stuff that Disney has made.

    12. Re:For fuck's sake! by tepples · · Score: 1

      Name a Disney movie that wasn't based on a fable or story from long ago.

      Kill Bill, perhaps?

    13. Re:For fuck's sake! by mcgrew · · Score: 1

      That is the state of creatives in the year 2010. They honestly can not think of anything new, and only plunder the past for its riches.

      You could say the same about technology. Could you own a computer if patents lasted as long as copyrights and the patent holder for the transistor and IC refused to license it?

      All art, like all science and technology, is built on what has come before. Have you never heard of neoclassical art? That period was in the 16th century and borrowed from the ancient Romans and Greeks.

      The reason creativity is stifled today is because of copyright length, not in spite of it.

    14. Re:For fuck's sake! by sorak · · Score: 1

      This is why Disney are doing the world a favour by repeatedly buying copyright extensions. It forces people to come up with their own creative original stories - you know, like Disney did

      "Did", being the operative word. In the 1920s, Disney did some creative stuff. Now they don't have to. They can keep coming up with remakes of their old accomplishments. The problem is that if you want to write something original, you either have to go the indie route, which goes out of its way to distance itself from Hollywood (which is a mixed blessing), or you have to convince one of these key players that an original new work is more valuable than a way to leverage a proven money-maker. Granted, with less stringent copyright laws, the low budget section would be full of bad remakes of old movies. You'd probably be seeing NC-17 versions of Star Wars, by now, with bad jokes, pop music, and gratuitous sex scenes added to provide that "added value" that could hopefully boost sales, but isn't that what the major studios do now? The difference is, that if they had to compete, they would probably bring something new to the table, and they would either do it well, or go out of business.

      rather than ripping off other people's stories that just happen to be old enough to no longer be protected

      Do those people own those stories? You seem to be arguing that an expression of an idea is a piece of property that belongs to its creator. That was not the intent of copyright law. The intent of copyright law was to encourage the arts and sciences, not to protect the notion that someone can own an abstract concept.

      Thanks to Disney, creative artists now have the kind of long-term protection that Hans Christian Andersen, Rudyard Kipling and Lewis Carroll never enjoyed

      No. Under the old system, they had long term protection. 28 years is a long time to capitalize on a single piece of work. Can you think of a single physical product that would be considered unreliable if it only lasted 28 years?

      Under the 1909 copyright law, how many people would live long enough to see their works enter the public domain? If you write your first book at 20, then you would be 76, when the copyright expires. Disney just assured that someone who never had a thing to do with the original work can capitalize on it for decades after the original author's death.

    15. Re:For fuck's sake! by mdwh2 · · Score: 1

      Whilst there doesn't seem to have been much "new" sounding mainstream music in the last 10-15 years, I've wondered how much this was due to changes in technology.

      Think about it - the 50s and 60s sounded new not because there was some new musical theory (musically a lot of it was quite basic), but because of the electric guitar. The 70s had the appearance of synths, which developed through the 80s, giving us those sounds. In the late 80s and early 90s, synths and computer technology allowed the development of any kind of sound conceivable, which gave genres such as electronic dance and industrial. Where do you go from there?

      Musically, mainstream pop and rock has been pretty much the same for at least 40 years. There have been developments in less mainstream genres - but then that's still the case today, anyway.

    16. Re:For fuck's sake! by Anonymous Coward · · Score: 0

      That is the state of creatives in the year 2010. They honestly can not think of anything new, and only plunder the past for its riches.

      This is why Disney are doing the world a favour by repeatedly buying copyright extensions. It forces people to come up with their own creative original stories - you know, like Disney did -

      Pinocchio, Pinocchio 2!?! Little Mermaid 2, 3, 4, Aladdin, 2, 3, 4, 5, 6, 7, 8, 9... Could you perhaps point me to an instance of Disney producing an original work?

      Disney made their fortune by retelling classic stories. Beauty and the Beast, Snow White, Cinderella Robin Hood... The very few original stories they had have at this point been sequeled into oblivion... Did we really need another Herbie movie? Or to to see "The Rock" in a crappy remake of witch mountain?

      I'm waiting for Pixar to complete their take-over of Disney completely. (They are closer than Disney would ever like to admit!) Until Pixar turns into the big evil corporation making money from "Direct-to-brain-implant" releases.... it will be a nice burst of creativity.

    17. Re:For fuck's sake! by gbarules2999 · · Score: 1

      cutting-edge innovators compared to Lady Gaga or Alicia Keys.

      Way to pick the lowest common denominator to prove your point.

    18. Re:For fuck's sake! by Randle_Revar · · Score: 1

      You know, "cuntnozzle" sounds like a mashup to me.

    19. Re:For fuck's sake! by Anonymous Coward · · Score: 0

      Have you seen Lady Gaga perform? Her music isn't very innovative but her production and performance are VERY innovative.

  11. Sonny Bono - I own you babe! by syousef · · Score: 3, Funny

    But thanks to the Sonny Bono Copyright Term Extension Act

    They say we're young and we don't know.
    Won't be out of copyright till we grow.
    Well I don't know Babe if you think that's true
    But I've got a bill that'll F*** you!

    Babe.
    I own you babe.
    I own you babe.

    They say this music won't pay the rent
    But I'll increase copyright and they'll get bent
    I guess that's so, this song is dross
    But at least I'm sure that I won't make a loss

    Babe.
    I own you babe.
    I own you babe.

    I got money coming in
    And I don't have to do a thing
    And when I'm sad, I'll copyright a clown
    Then laud it over parents all over the town

    Don't let them say your copyright's too long
    Why would I care? I can buy a thousand bongs
    Then put your awful song with mine
    Sit on our backside while our profits climb

    Babe.
    I own you babe.
    I own you babe.

    I got though this song's bland
    I got you, you understand?
    I got you if you walk like that
    I've got you if you talk like that
    I've got you kiss your music goodnight
    I've got you and you know what you can bite
    I got you, I won't let go
    I got you to pay me so

    I own you babe.

    --
    These posts express my own personal views, not those of my employer
    1. Re:Sonny Bono - I own you babe! by Hognoxious · · Score: 1

      Did you actually try singing that, or even speaking it out loud? Scansion - look it up.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:Sonny Bono - I own you babe! by syousef · · Score: 2, Funny

      Did you actually try singing that, or even speaking it out loud? Scansion - look it up.

      Dude it's a joke on an Internet board, and singing it out loud might get me fired. Get a grip.

      --
      These posts express my own personal views, not those of my employer
    3. Re:Sonny Bono - I own you babe! by Anonymous Coward · · Score: 0

      But thanks to the Sonny Bono Copyright Term Extension Act

      They say we're young and we don't know.
      Won't be out of copyright till we grow.
      Well I don't know Babe if you think that's true
      But I've got a bill that'll F*** you!

      Babe.
      I own you babe.
      I own you babe.

      Filkers! You spray, you trap, you poison and the damn things keep coming back.
      When the nuclear armageddon comes, the only thing left will be roaches and filk.

    4. Re:Sonny Bono - I own you babe! by Croakus · · Score: 1

      Are you actually arguing that the world would be a better place if that song were in the public domain?

      Personally, I'll be fine if they keep that one locked up forever plus 50 years ... LOL .... ;-)

    5. Re:Sonny Bono - I own you babe! by gbarules2999 · · Score: 1

      Depending on where he is, that would be a public performance and would require royalties to be paid.

    6. Re:Sonny Bono - I own you babe! by Hognoxious · · Score: 1

      You lot just listen to some old beardy dude wailing "Allaaaaaaaaaaahu akbar" like he's got his knackers in a clamp, so I suppose you don't get the concept.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    7. Re:Sonny Bono - I own you babe! by syousef · · Score: 1

      You lot just listen to some old beardy dude wailing "Allaaaaaaaaaaahu akbar" like he's got his knackers in a clamp, so I suppose you don't get the concept.

      First of all I'm not Muslim, you lame racist wanker. Don't let reality get in the way of your rant though. Secondly what the fuck does that have to do with a joke version of "I've got you babe"? Get head out of your arse.

      --
      These posts express my own personal views, not those of my employer
  12. Meanwhile, Outside the USA... by lobiusmoop · · Score: 1

    1.3 billion Chinese are laughing at your legal shenanigans.

    --
    "I bless every day that I continue to live, for every day is pure profit."
    1. Re:Meanwhile, Outside the USA... by BitZtream · · Score: 2, Insightful

      No they aren't, their firewalled from accessing our news sites cause they talk bad about the Chinese government.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:Meanwhile, Outside the USA... by plasticsquirrel · · Score: 2, Interesting

      I don't know of any big news sites that are blocked in China. I regularly read articles from the NY Times and the LA Times websites, along with a variety of others (including Slashdot). The big blogging sites are blocked, though, as are YouTube, Facebook, etc. The government here really isn't concerned with the established western media, though. Also, it certainly is nice to use BitTorrent without any worries about the MAFIAA sending me scary letters.

      In some ways China is a freer country than the U.S. For example, if I'm sick I can simply visit a doctor and it doesn't cost much. In the U.S., I was afraid to go in for a checkup because I couldn't afford any real treatment. If I want to buy a cell phone, I don't get a monthly bill, I can just go to any store and buy extra minutes to put on it. I can pay $90 per year for a 2M DSL line, and I never see a bill for that either. And besides that, life is so much simpler here that it's really relaxing. Add that to the fact that I'm one of 1.3 billion people in this country, and nobody is going to bother me. Nobody is going to screw with my life, sue me, give me tickets, etc. They have bigger fish to fry, so there is never anything to really worry about. To me, that's the freedom I really care about -- a simple, anonymous, affordable lifestyle.

      There are so many things in the U.S. that people consider to be freedom, like owning a gun, that people just go nuts over. They don't have any bearing in reality, so even though people generally have quite a bit of money, their daily lives still suck and they're still miserable.

      --
      Systemd: the PulseAudio of init systems
    3. Re:Meanwhile, Outside the USA... by zippthorne · · Score: 1

      I don't know of any big news sites that are blocked in China.

      Neither do I, although I'm not actually interested enough in the subject to bother researching it. If you're in china, though, are you sure blocked sites don't exist? They could be just be blocked, you know.

      --
      Can you be Even More Awesome?!
  13. This is how low... by syousef · · Score: 1

    I mean, come on, you already can't sing "Happy Birthday" without owing royalties to someone long dead. Just how low can it go?

    How low? You've clearly never heard the Egyptian recording of Happy Birsday To Yooooooooou

    I don't have any idea if it was made to get around that copyright but it will make your ears bleed.

    --
    These posts express my own personal views, not those of my employer
  14. Re:I've thought about this before by Lord+Bitman · · Score: 1

    Using almost the same terminology: "cultural icon"

    The difference was, I thought it made sense that if one could reasonably prove in court that a copyrighted or trademarked property had become a "cultural icon", all rights to it (but not derivatives) would instantly expire and the whole thing would be free for the public to use.

    Imagine if Coca-Cola tried to enforce trademark on "Santa Clause wearing red and white"

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  15. Unconstitutional and illegal by neghvar1 · · Score: 3, Interesting

    The EFF and other consumer rights and public domain supports are pushing to ban perpetual copyright extensions which is what will happen as each extension approaches its lifespan. The judges read limited as infinity minus 1 second. They think like a computer or robot. Total lack of commonsense. But as we know, our government does not give a shit about what we, want, believe or think. Their ears are listening to the lobbyists and corporations with deep pockets that hand them a bill with a check attached to it under the table. It's bribery. Pure and simple The purpose of copyright was to promote creativity meaning that when a singer writes a song and copyrights it, they will profit from it, but when it expires, if that singer want to continue getting profits, he must continue to use his creativity. Personally, I believe copyright of movies, music and literature should be 30 years or when the original copyright holder dies. Software should be 10 years. i.e. Micheal Jackson did not create the Beetles music, yet he owned the rights to them. They were never his and never should have been. "Elvis sure makes a lot of money for a dead guy" And nor should the creators heirs and their heirs and there heirs live off the works of someone over a century ago. Along with that, of all copyrights ever filed, these extension acts are only working for the less than 10% which are still commercially exploitable. Thus all those other fall into the abyss of time. In order to preserve great works of the past, the laws must be broken

    1. Re:Unconstitutional and illegal by hellop2 · · Score: 1

      Infinity minus 1 second is still infinity. So is infinity minus n where n is any natural number. (BTW, natural numbers are infinite)

      --
      How many more years will slashdot have an off-by-one error on your Score in your profile?
    2. Re:Unconstitutional and illegal by gink1 · · Score: 1

      Change your tactics! Stop appealing to reason and law solely.

      Raise a LOT of money and buy politicians. A strong logical argument and political hired hands would probably get the job done!

    3. Re:Unconstitutional and illegal by mcgrew · · Score: 1

      When copyright was started you couldn't copyright a song, although you could copyright sheet music and printed lyrics. At the time the only thing to copyright was books.

      They had to specifially change copyright law to include piano rolls when they were invented; same with recorded music when the gramophone was invented.

    4. Re:Unconstitutional and illegal by neghvar1 · · Score: 1

      That was just as an example to push it original intention. Same would apply to books, maps and other documents

  16. "the state of copyright" by Animaether · · Score: 1

    I vomit a little bit when I think about the state of copyright.

    By that do you mean...
    A. the fact that things that should have fallen into the public domain long ago, aren't due to copyright term extensions
    B. the fact that most people really don't care and will copy it anyway ...?

    It's funny, really... laws regarding copyrights are getting ever more restricting.. while the public mindset thinks ever more loosely about copyrights, and ignores those laws.

    Surely this is advancing the collective cultural repository?

    Option A: not so much - short of arguing that without copyrights, nobody will have any incentive to create any works anymore, consequently don't, and nothing new enters the regulated collective cultural repository.
    Option B: yes - short of arguing that without copyrights, nobody will have any incentive to create any works anymore, consequently don't, and thus there's nothing new to copy from the regulated collective cultural repository into the unregulated collective cultural repository.

    1. Re:"the state of copyright" by Opportunist · · Score: 1

      It's not funny, it's the logic consequence. If it becomes near impossible to uphold the laws, the laws get ignored.

      If anything you do would already break the law, why bother trying? And once you got away with a little crime, the next step isn't far. Also, the old tale of sun and wind competing over who can make a person take off his coat (in geek circles known as the saying "the more you tighten your grasp, the more slip through") takes place. The more you force unreasonable laws onto people, laws they cannot understand and cannot see any necessity for, the more people will turn against those laws, circumvent or simply ignore them.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  17. God Emperor of Dune? by gzipped_tar · · Score: 5, Funny

    Poor Leto. Killed by *all* those inner voices demanding royalties for the copyright of their memories. Eternal royalties. The Golden Path ends before it could begin.

    --
    Colorless green Cthulhu waits dreaming furiously.
  18. Copyright extension act by ommerson · · Score: 4, Informative

    Sonny Bono's main argument in favour of the Copyright Extension Act hinged on providing a retirement fund for composers. So, it's somewhat ironic that killed himself by wrapping himself around a tree whilst skiing only a few years later.

    Cliff Richards acted as a figurehead for a campaign in the UK to lengthen the copyright term on sound recordings [1] using similar arguments. If only...

    [1] Very unsuccessfully - not least because some of his recordings were about to go out of copyright and the perception that he already had quite enough money.

    1. Re:Copyright extension act by Wildclaw · · Score: 1

      hinged on providing a retirement fund for composers.

      Which of course is pure bullshit as composers should pension save like all other workers. Not to mention, that the amount of artists that could potentially live on sales of old material are so few (and have had so high incomes previously in life) that it simply doesn't matter.

    2. Re:Copyright extension act by ommerson · · Score: 1

      Equally, there's the old canard of composers being able to leave their rights as a legacy to their children. I'm hard pressed to see why they ought to be able to.

    3. Re:Copyright extension act by Lazypete · · Score: 1

      The funny thing about this is copyright dont help you get a retirement fund, you do it yourself.
      Fine I have an idea, change the copyright law. From now on every bit of money you do from copyriht goes directly to a retirment fund.
      You wont make a cent while youre working but god damn you'll be ritch when you retire at 65.

      I wonder if they would prefer that or no retirment fund but short term copyright.

    4. Re:Copyright extension act by Anonymous Coward · · Score: 0

      "Sonny Bono's main argument in favour of the Copyright Extension Act hinged on providing a retirement fund for composers. So, it's somewhat ironic that killed himself by wrapping himself around a tree whilst skiing only a few years later."

      That, my friend, is why I believe in karma.

  19. The most shameful... by Yvanhoe · · Score: 4, Interesting

    ... is not to keep commercial rights on these known books that we will still be able to buy by 2020. It is the millions of books that did not achieve enough popularity to still be easy to find. Not edited anymore but forbidden to save for posterity. Really, copyright is nothing to respect anymore.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:The most shameful... by TubeSteak · · Score: 1, Insightful

      It is the millions of books that did not achieve enough popularity to still be easy to find. Not edited anymore but forbidden to save for posterity.

      What?
      "forbidden to save for posterity"?
      Nobody is stopping you from saving books.
      Go buy a pile of books right now and stick 'em under your bed.
      If you take some basic measures to preserve them, they'll still be in great shape when the copyright expires and they'll still be yours.

      --
      [Fuck Beta]
      o0t!
    2. Re:The most shameful... by Yvanhoe · · Score: 1

      Some of these books, I have been trying to find for two years. ('La société informationelle' by Henri Laborit) with no luck. If someone who had a copy was to digitize it, he would be infringing copyrights (of a dead author, by a disappeared editor on a bood that is not published anymore)

      I have a few old, good, not published anymore, books that I keep but I doubt I'll still be alive when their copyrights end.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    3. Re:The most shameful... by 10101001+10101001 · · Score: 1

      Nobody is stopping you from saving books.
      Go buy a pile of books right now and stick 'em under your bed.
      If you take some basic measures to preserve them, they'll still be in great shape when the copyright expires and they'll still be yours.

      So, what you're saying is, if you wish for copyrighted works to survive*, you should hoard them like money or gold? Btw, there are two main problem with your plan. One is that no matter what you do books will degrade over time (especially if there keeps being copyright extensions) and making a duplicate might very well destroy the book (Google's scanning process is rather badly known for this); the latter wouldn't be a problem if duplication techniques were perfect (even devoted monks, entrusted to the cause of Christianity, on many occasions mis-copied parts of the Bible; OCRs and copy machines might be better, but there still quite a ways off). The other thing is, a fire or any other sort of natural disaster can trivially destroy one's collection; again, given enough time, this seems almost invariable in destroying large collections of copyrighted works (consider the Library of Alexandria).

      *I find it ironic that the long-term preservation of intellectual works under long-term copyright is the same as under no copyright. That is, few people are willing to distribute their work (either for lack of attribution or fear of the one possessed copy being accidentally destroyed) and a major part of copyright (and patent) was precisely to encourage the distribution of intellectual works for wide spread availability. It's a shame the Supreme Court seems unwilling to recognize that creating an artificial scarcity of a thing to a degree might be a good thing but a significant artificial scarcity of a thing is almost certainly bound to simply cause that thing to be effectively abandoned because of the complexity of ownership over time and the cost of litigation. Of course, with real property, laws were eventually created in most locales for abandoned property, but given how virtual and international copyright is, even with supporting legislation I'm not really should how one would ever establish abandonment of a copyrighted work without the expensive litigation.

      --
      Eurohacker European paranoia, gun rights, and h
  20. Five parties? Not in our system, even if you try. by QuoteMstr · · Score: 2, Insightful

    We're not going to have more than two parties until we change the way we vote. Our simple plurality voting system naturally leads to a two-party steady state system as surely an electron orbiting a proton leads to a hydrogen atom in the ground state. No amount of imploring, scolding, pleading or whining will change that reality.

    If you really want more diverse representation, change the way we vote. Granted, a perfect voting system is impossible, but we can far better than the system we have today.

    That said, I'm not sure that adding political parties will necessary end corruption. After all, the British have a multi-party proportional system and still ended up with Tony Blair and Darth Mandelson. Corruption is a different problem, and is best fought by an enthusiastic and educated public demanding sunshine laws and public campaign financing.

  21. what about retirement for RIAA? by OrangeTide · · Score: 3, Interesting

    I think I'd rather pay some tax to support retired artists and musicians than to turn the RIAA and MPAA into private vigilante groups.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:what about retirement for RIAA? by machine321 · · Score: 1

      Damned liberals. Why do you hate America?

    2. Re:what about retirement for RIAA? by Kryptikmo · · Score: 1

      I think I'd rather that artisits and musicians provide for themselves, just like everyone else. I don't owe them special rights to work created 50 years ago, nor do I owe them any special retirement fund that is denied to software developers, private tutors, or any other work-for-hire private market participant.

      Corporate musicians and artists are better treated by our society than almost any class of persons throughout history. Yet we can probably all agree that these people contribute less to creativity and originality than most independent artists, where an 'artist' is defined purely as someone who creates something.

      There's really nothing special about these people - music existed before the 1930s, and it will exist even if we allow the RIAA to go to the wall. Their advantage is hype, marketing and spin. They've no celestial right to that.

    3. Re:what about retirement for RIAA? by OrangeTide · · Score: 1

      I'm just pointing out the least expensive of two evils.

      I didn't mean to instigate some insane left versus right debate.

      --
      “Common sense is not so common.” — Voltaire
    4. Re:what about retirement for RIAA? by Kryptikmo · · Score: 1

      I'm not instigating an 'insane left vs. right debate' ;-)

      I agree that your solution would be relatively cheap, but it would be wrong. There seems to be an attitude that those associated with the ??AAs deserve to be supported by the public. Why them, and not people who deliver measurable benefit to society - teachers, garbagemen, nurses and so forth?

    5. Re:what about retirement for RIAA? by Anonymous Coward · · Score: 0

      No. I'm instigating an insane left vs. right debate. and I apologized for it. You can't seem to let go of it.

    6. Re:what about retirement for RIAA? by jgostling · · Score: 1

      Why support artists and not other independent workers? What is so special about a musician or a writer which makes him deserving of more protection than say a plumber or a shopkeeper?

      Cheers!

  22. come again? by Anonymous Coward · · Score: 0

    who's "Mikey"?

  23. "...copyright protection to last forever..." by knarf · · Score: 3, Informative

    SONNY BONO COPYRIGHT TERM EXTENSION ACT (House of Representatives - October 07, 1998)

    (should this search expire go to SONNY BONO COPYRIGHT TERM EXTENSION ACT (House of Representatives - October 07, 1998) and look for page 9951)

    "...Actually, Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution. I invite all of you to work with me to strengthen our copyright laws in all of the ways available to us. As you know, there is also Jack Valenti's proposal for term to last forever less one day. Perhaps the Committee may look at that next Congress..."

    Forever minus one day. Look for it around 2022-2023...r

    --
    --frank[at]unternet.org
    1. Re:"...copyright protection to last forever..." by Lazypete · · Score: 1

      Forever minus one day... I hope they will realise how stupid that sound?
      How do you define forever in the first place.
      Is it forever for the material?
      Is it forever for the human kind?
      Or is it forever for the planet?
      Or even forever for life?

      Forever for the material, so it would get public domain one day before every living being forget it exists. Then no one would remember it exist so no point in making it public.

      Forever for the humand kind, so it would become public one day before the apocalypse, great I'll have time to rewrite the end of this novell the way I wanted it to finish. Tomorrow a gigantic asteroid is going to hit the earth... do you think I have the time?

      Forever for the planet... so even if not human being still exist, one day before the earth is destroy everything will fall in the public domain. Great but no one is there to care anyway.

      Forever for life itself.. so when the last thing alive in the universe dies the next day, they will probably not be able to enjoy what humanity had created before it disapered, before their planet was destroyed...

      I think it makes sense, dont you?

    2. Re:"...copyright protection to last forever..." by base3 · · Score: 1

      It's a shame that Jack Valenti was allowed to die of natural causes.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    3. Re:"...copyright protection to last forever..." by Anonymous Coward · · Score: 0

      The kicker for me was the preceding paragraph:

      Copyright term extension is a very fitting memorial for Sonny. This is not only because of his experience as a pioneer in the music and television industries. The most important reason for me was that he was a legislator who understood the delicate balance of the constitutional interests at stake. Last year he sponsored the term extension bill, H.R. 1621, in conjunction with Sen. Hatch. He was active on intellectual property issues because he truly understood the goals of Framers of the Constitution: that by maximizing the incentives for original creation, we help expand the public store-house of art, films music, books and now also, software. It is said that `it all starts with a song,' and these works have defined our culture to audiences world-wide.

      Wanting perpetual copyrights seems mutually exclusive from understanding the balance of interests, and I fail to see how increasing copyright terms ad nauseam will expand the public domain...

    4. Re:"...copyright protection to last forever..." by Anonymous Coward · · Score: 0

      Forever minus one day... I hope they will realise how stupid that sound?

      It was Sonny Bono. When you're a member of a cult that signs billion-year contracts covering past, current, and future lives, nothing sounds too stupid. Especially when your cult charges $360,000 for a story about aliens, H-Bombs, and volcanoes, denies the story in public, and then uses copyright laws as a club to silence anyone who actually quotes the document.

      Fracking Scilons.

  24. Corruption by Anonymous Coward · · Score: 0

    It is a simple case of corrupt government ministers.
    There is plenty of evidence that Peter Mandleson, an unelected (and unwanted) UK government apparatchik, has been installed to do the bidding of his friends in Big Media. Just days before the corrupt Mandleson released the despairingly bad 'Digital Britain' legislation, which in fact does little more than protect the greedy interests of the record industry, Mandleson spent time on the private island of his rich 'friend' from the record industry. There is no democratic mandate for extended copyright legislation. We need to all write the the parliamentary standards committee, and London Police, demanding investigation of this kind of corruption.
    Everything surrounding 'intellectual property' hucksters stinks. They are the real pirates, robbing their customers again, and again, and again, and again, for exactly the same product. They don't innovate, and the best the can do to 'create' content these days involves zero risk, hard sell, heavy duty promotion of talentless and plastic morons. This is a reflection of the vacuum in the badly damaged society of the United States, where social cohesion has all but disintegrated.

  25. The original mashup by QuoteMstr · · Score: 1

    You call that a mash-up? This is a mash-up:

    The year is 315 AD, and the absolute despot of the western world, Caesar Flavius Valerius Aurelius Constantinus Augustus has commissioned a Mission Acc^W^W triumphal arch to celebrate a battle his army* won for him three years ago. He orders that this arch be constructed in the style of triumphal arches of emperors long ago.

    The only problem is that a century of warfare, overtaxation, hyperinflation, and neglect has driven the Roman middle class to extinction, along with its sculptors, masons, goldsmiths and painters. There is nobody left alive who knows how to build a triumphal arch! Yet you are a loyal imperial servant (capricious executions tend to breed a kind of loyalty), and you have to figure out a way to give the emperor what he wants.

    What do you do? You build the basic framework of an arch. You take statues from the forum of Trajan and stick them on top of your arch. You chisel some ba-relief sculptures off of Hadrian's buildings, touch them up to look like your emperor, and paste them onto your structure.

    At the end of the day, you show your emperor his "new" arch, and all is well. You go to bed that night and don't think anything of it, because it's routine and expected to cannibalize old monuments. If everyone does it, it can't be wrong, right? It can't indicate that your culture is terminally sick, can it?

    * By that time the army had a huge portion of auxiliari^W mercenar^Wprivate security contractors. Italians go the war? That was so 100AD.

  26. I almost forgot! by QuoteMstr · · Score: 3, Funny

    Dammit. I'd just hit "Submit" when I remembered this sublime article: Nation's Rappers Down to Last Two Samples.

  27. Lets all do it by Anonymous Coward · · Score: 0

    lets copyright everything we do, I am sure somebody somewhere will breach my copyright - but I will only sue polliticians and move/music execs :)

  28. Re:Five parties? Not in our system, even if you tr by Anonymous Coward · · Score: 1, Informative

    FYI we DO NOT have a proportional system.

  29. Re:I've thought about this before by delinear · · Score: 1

    IANAL, can they trademark something they didn't create/invent?

  30. Tax IP like Real Property by Anonymous Coward · · Score: 0

    Tax IP like Real Property. And, like you do with real property, the tax increases with the value given.

    And make destruction of IP a criminal offence, like with burning down a house to clear it without permission.

  31. altering the deal by Anonymous Coward · · Score: 1, Funny

    I am altering the deal. Pray I don't alter it any further.

  32. It is not 28 years by lordmetroid · · Score: 3, Informative

    Actually it is only 14 years according to the original law. Works created before the law was created had the opportunity to get double the time protection. http://en.wikipedia.org/wiki/United_States_copyright_law#History

  33. US copyright in other countries? by foolserrend1975 · · Score: 1

    stupid question here - If a work is copyrighted in the US, does the US copyright law apply to another country, or is the local law of the land (unless there is a specific copyright agreement between US and said country).

    1. Re:US copyright in other countries? by Half-pint+HAL · · Score: 1

      Local law applies -- no country I know of provides greater protection to foreign works than to their own works. Some countries supplement this with the principle of "least coverage" or "lesser term" -- ie that if the copyright expires in the country of origin, it expires in their territory too, even if it would still be covered has it been written there.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  34. who cares by circletimessquare · · Score: 1

    the internet has rendered all copyright laws obsolete

    let them pass all the laws they want. its unenforceable and therefore pointless. sure they can nab the occasional grandma for what her grandson's friend does, or the occasional soccer mom for what her neighbor does with her unprotected wifi. its all just more bad pr for the corporate goons

    new technology changes the law. the law does not change new technology. of course they always try, but it will take a decade or more before the morons wake up to reality. until such time, happy obfuscated downloading

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

      The problem with copyright law isn't that it prevents you from downloading the late great John Lee Hooker's music, it's that it prevents young artists from building on his work.

  35. Nice story but makes no sense by Mathinker · · Score: 1

    Since my reply is one big spoiler for the story, you can find it behind this link.

    1. Re:Nice story but makes no sense by rdebath · · Score: 1

      You're wrong, because copyright law is based on the similarity between two works. In a legal setting a copyright owner will try to expand the "width" of thing covered by their copyright on a manuscript. Suppose you have a copyright on a painting that's red on the left and blue on the right. Does this also cover pink and mauve? A smooth gradient and a step? One step, ten, hundred, when does it switch? How about blue on the left red on the right is that the same?

      The artist sees the detail, even if they acknowledge the inspiration of an earlier work in their eye the detail is different so it's a new work, but the law doesn't (cannot) assume these details are art because if they did there would be no copyright. The smallest change may be an original artistic improvement but it may also be a random change to hide a copyright infringement. And the modern computer is superb for making a simple change that looks like a major alteration; just the tweak the colour control and it becomes red and green.

      So copyright divides the infinite detail and variation of artistic impression into large flat fiefdoms of control where trespassers may not tread. That's how it can be both ways.

  36. Victor Hugo was wrong by mbone · · Score: 1

    Victor Hugo was wrong, and these long copyright terms are a disgrace - put it back to 28 years (14 years with one extension).

    Now that there is an industry interest in shortening copyright, I expect to see some shortening in due course.

  37. life goes on - ULESS YOU'RE SONNY BONO !! by Anonymous Coward · · Score: 0

    ...Consequences - Not enough people care and life goes on....

    Sonny was a good guy overall. Smarter than he looked.

    1. Re:life goes on - ULESS YOU'RE SONNY BONO !! by FatdogHaiku · · Score: 1

      ...Consequences - Not enough people care and life goes on....

      Sonny was a good guy overall. Smarter than he looked.

      Also, the act got his name applied after he died from skiing into a tree. He was one of twelve co-sponsors of a HOUSE bill, it was the Senate that passed a bill with his name on it...

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    2. Re:life goes on - ULESS YOU'RE SONNY BONO !! by Runaway1956 · · Score: 1

      Sonny Boner was a good guy? You must be a chick.....

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  38. Dumb idea by Mathinker · · Score: 1

    I find it unlikely that the national protection that would be afforded the US National Icons could successfully be extended by treaty to other countries. Once it was mutual, one would only have to find a small enough country to bribe to make your IP into a National Icon.

    Anyway, another poster has astutely pointed out that trademarks already don't expire, and companies already use them for this purpose.

    So your idea is both superfluous and impractical.

  39. Happy new... by Lazypete · · Score: 1

    Happy new copyright and merry suing to everyone of you :D

  40. Unless people care about it specifically, you will find that it will never expire, as it will be extended every x years, until the heat-death of the universe. Why? Because as time goes by, there's more money locked up in this vault of old works, and whatever forces are there to push through these laws today, they will be there and stronger tomorrow. This will be the case until people care enough to break this lock, or your system of government collapses entirely.

    I wouldn't put 2018 in your diary at all.

  41. Copyright digs its own grave by brxndxn · · Score: 2, Interesting

    It seems to me that copyright is mostly ignored when it gets in the way - especially by the younger generations. The cries that 'copyright is stealing' do not stick to society as a whole in the US.. and the US is behind the rest of the world with copyright piracy.

    The more ridiculous the laws, the more they get ignored.. The government and corporations can do nothing against the majority of the people if they decide to ignore the laws or copyright terms. Corporate lobbying has stacked the cards so far against the consumer that the average consumer can merely ignore them and still feel good about it.

    --
    --- We need more Ron Paul!
    1. Re:Copyright digs its own grave by mcgrew · · Score: 1

      The cries that 'copyright is stealing' do not stick to society as a whole in the US

      You meant "copyright infringement is stealing" but your statement is actually true. The work itself isn't owned by the copyright holder, it's owned by all of us. Copyright gives the author a limited time monopoly, not ownership. You no more own a song you wrote than you own a house you're just renting.

      Copyright infringement isn't stealing; you can't steal what you already own. Copyright itself is stealing from the public.

  42. 14 years plus 14 years if renewed by jrincayc · · Score: 1

    If I read it right, it is 14 years plus it can be renewed for 14 more years, so 28 years.
    http://www.copyright.gov/history/1790act.pdf

  43. Re:What would YOU do? by Anonymous Coward · · Score: 0

    1/10

  44. Re:What would YOU do? by Qzukk · · Score: 1

    If you were running a company, corporation, or your own shop, and your "essense" would EXPIRE?

    I would hope to God that I can invent more than one new idea in 75 years and not be stuck hawking century old shit when its protection expires.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  45. We Could Have a Pirate Party by Greyfox · · Score: 1
    Lets face it, the Republicans and the Democrats are effectively the same party, both sides suckling at the teats of their corporate masters. It was recently pointed out that you could select Congress at random from a phone book and the job they do would be no worse than what we have now. The only real difference is the brand of tinfoil the guys who elected them were wearing on their head.

    Now with the schism in the Republican party and the Democrats as ineffective as ever because they'll take damn near anyone who says they're a Democrat, there's a golden opportunity for a third party. The path to victory is to field a bunch of generally-moderate and, and this is key, incredibly competent candidates to cash in on voter disenchantment.

    The window of opportunity is pretty thin though -- once voters forget the pain of the current recession it'll be back to business as usual in Washington.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:We Could Have a Pirate Party by sbeckstead · · Score: 1

      Good the first rational argument here. Let's go I'll vote. Um, but wait we have to do this in a year or so and then 2 years later, and by then the initiative will be back in the corporations hands, and we'll all just....never mind. What were we talking about again?

  46. Tragedy of the anticommons by tepples · · Score: 1

    The article you link to explains the inefficiency of communally owned property, not privately owned property. You could hardly find a link that is more in opposition to your argument.

    The "Criticism" section in that article links to Tragedy of the anticommons.

  47. Why copyrights and not patents ? by redelm · · Score: 1

    The stated purpose of these government-granted IP monopolies is "to advance the progress of science and the useful arts". Fine. Patents run 19 years, why does copyright run 95? Are Thomas Alva Edison's daughters less deserving of a legacy than Samuel Clements [Mark Twain]?

    The overlong copyright is beyond irrelevant to the act of creation -- in prospect, something is worth the creative effort based on the chances of near-term success, not long term. The power of compound interest, unless the US Constitution is meant to support irrationality.

    In 1995 of course with expiry looming, mediacorps wish to extend their monopolies. Long past influing creation. Perhaps media ought to be allowed in a more limited way through trademark. There can be no question Disney has maintained the Mouse as a TM, and this would give them defenses against [sexual] parodies.

    Of course, this applies only for works created expressly for profitable publication. Private papers remain secret, just like trade secrets. If subsequently published, that would start the clock.

  48. Why does this upset anyone? by Croakus · · Score: 1

    I have to ask why so many of you want other people's art to be in the public domain so badly? I simply don't understand what difference it would make if "Achy Breaky Heart" were in the public domain. Or more recently, who cares if Taylor Swift owns her song forever? It's not like that stops other people from writing songs.

    If you honestly believe that it's better for the country, for us as a people and for the creators themselves for work to be in the public domain then ... go create your own art (music, movies, paintings, whatever) and release it to the public domain. It is the right of the creator to control copy and distribution of the work (which is of course why it's called "Copyright"). So go create a killer song and exercise your right to release it to the world for free.

    I just don't get the hubub. What do you think will be gained by reducing Copyright?

    1. Re:Why does this upset anyone? by sbeckstead · · Score: 1

      I'm with you dude. Can't see how it stops creativity.

  49. Re:What would YOU do? by kilfarsnar · · Score: 1

    Right, so the country's culture and artistic freedom should be reduced so that a few individuals continue to make money the way they always have. Is that about right?

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  50. WHAT??? by Voltar · · Score: 0

    And kill the business of copyright trolls? The nerve!

  51. Copyright is bound for removal by spyfrog · · Score: 1

    The copyright as we see it now is probably going to get removed soon. The copyright advocates will of course win many fight before but their own greed will ultimately make it impossible to uphold.

    The thing is that copyright was quite easy to upheld when there was only a selected few who needed to think of and work with copyright, like newspapers, publishers and so on.
    However, now days almost everyone needs to take copyright into consideration. If you post a video on Youtube you first need to think about copyright. You need to make sure that your radio isn't playing in the background or you will violate copyright.

    Copyright worked when only a selected elite was forced to work with it. Today, it simply don't work. Ordinary people can't keep up with all this. They also don't think that it matters - they simply don't give a damn about if the radio is playing in the Youtube video.

    So if the general population really don't care and continues to break copyright laws, how will the copyright maffia act? The current trend to make the laws harder will fail. It will not work to punish everyone who breaks the laws so they can only take some and make them into scapegoates. The problem with that is that people will start to wounder why some get away and some don't. A legal system where chance plays a big role isn't working in the long run. And if they try to catch everyone, then no one will care about the conviction. A country where everyone is guilty of copyright intrusion isn't a country where copyright intrusion is a crime that people are afraid off committing.

    So this strict copyright regime will simply fail in the future. You can't uphold a law against common will for to long, no matter how many congressmen you bribe. Copyright will need to be simplified and reduced or it will simply vanish.

    1. Re:Copyright is bound for removal by sbeckstead · · Score: 1

      scapegoates
      very creative spelling, can I steal it?

    2. Re:Copyright is bound for removal by spyfrog · · Score: 1

      Or you could give me a break because I am not a native english speaker? ;-)

    3. Re:Copyright is bound for removal by sbeckstead · · Score: 1

      Relax, It's a joke son, I say it's a joke.

      It's a joke on the whole copyright thing. If I were going to really flame you I'd have pointed out the many grammar mistakes you made, but I kind of guessed you weren't a native english speaker by the pattern of the grammar mistakes. Spelling and grammar flames are guaranteed to generate more of the same in the flame so I don't regularly bother. But I thought I'd rip on the creativity thing instead. So my apologies if I offended where I did not intend.

  52. Re:What would YOU do? by pwfffff · · Score: 1

    Commie bastard? That's a horrible troll. YOU'RE the one requesting the government to step in and support your way of life. Hell, even with all the illegality it's still easier for me to get a movie for free than it is for me to actually buy it. This is truly capitalism at its finest! Stop trying to expand the government to subsidies your crappy business choices! Maybe next time invest in tangible goods, you COMMIE BASTARD moron.

  53. Re:Five parties? Not in our system, even if you tr by mdwh2 · · Score: 1

    What the AC said - in the UK, we also have a simple plurality voting system that has led to a two party system. The main difference is that we have a significantly sized third party (Liberal Democrats), but unfortunately the Government has been a two party system for a long while. Furthermore, the Government has a majority, so they can force whatever laws they like through even if both the opposition parties disagree (the only hope is our 2nd house, the House of Lords). The opposition party and the Lib Dems can only really influence matters when there is disagreement within the Government itself.

    Condorcet voting would be a lot better for both nations.

  54. Forbidden Planet? by Preston+Pfarner · · Score: 1

    It's amusing that you mention "Forbidden Planet", which is itself a mashup of "The Tempest" (which is in the public domain).

  55. they have failed by TheGratefulNet · · Score: 1

    I totally 100% disrespect copyright. I copy any and all data as I see fit. I DON'T FUCKING CARE if its 'illegal' or not. the law has ceased to serve us (the common man). so I turn my back on the law and do as I see fit. just like the companies have turned their backs on the laws REBOUGHT new laws as they see fit.

    its all good. they do what they want and feel is 'best' and so do we!

    but if they think that by adding more and more time to copyright this will CHANGE our behavior, they have another thing coming.

    the only way you get people to RESPECT laws is to have respectable laws (duh!). have kangaroo court (or congress; same thing, effectively) laws and you'll have people totally ignoring them and even laughing in their faces.

    and so, I have NO qualms about making copies of 'paid for' works. I simply DO NOT RESPECT THE LAWS ANYMORE. they do not serve us and have not served us for decades. therefore, in my morality, they simply do not apply to me.

    I'm also not a 20something or even a 30something. I can easily afford to buy my media. but due to bad behavior by the industry, overall, I CHOOSE NOT TO.

    --

    --
    "It is now safe to switch off your computer."
  56. Re:Five parties? Not in our system, even if you tr by QuoteMstr · · Score: 1

    Ah, I stand corrected. Sorry about that.

  57. Vultures.... by sbeckstead · · Score: 1

    I get this overwhelming feeling of vultures waiting to pounce on the unlucky copyrighted material that will expire and be grist for the endlessly unoriginal rehashing of other peoples work. The mish mash of once popular icons used in a muck of re-done banality simply because they were once popular.
    Am I the only one wishing these people would actually think and create for themselves instead of wishing for the bits and pieces of popular culture to be available for free. Or even man up and pay the license fee if what they think is original and is possibly worth the sharing with the rest of us?


    I am so fed up with the "OMG" it's still copyrighted, it's the end of the world woe is me I might have to shell out some bucks to be uncreative and use a piece of someone else's creative drivel. this post copyright 2009 by Methius Incorporated

  58. How about this? by Anonymous Coward · · Score: 0

    We, the People act together to reverse copyright terms to a maximum term of 23 years. Go on the offense. Is that unthinkable / impossible? If law can be changed in one direction to provide more profit for a few corporations why not change it in the other direction to provide relief to the public and return the wealth of knowledge, art and human genius where it belongs -- to humanity...

    Even if the laws are be taken off balance to benefit the few, they can be surely brought back to a healthy balance, no?

    Trusting that greed will bring the highest good for everyone, and that politicians will take care of our interest has proven inefficient. It is time to outlaw the very principles allowing tyranny, theft and oppression in the fabric of our society.

    Extended copyright = extortion. Usury = exploitation and slavery. Why is that OK?

  59. Sucks to be in the US by Trogre · · Score: 1

    While the brits (and some other commonwealth countries) get Cliff Richard's "Living Doll" in the public domain next year (despite Cliff's best efforts), just as they got "Move It" in 2009.

    I've yet to decide whether this is a good or bad :)

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  60. Thoughts on Slashdot Discussion by jrincayc · · Score: 1

    I have read many of the posts in this discussion, and I thought I would weigh in.

    First of all, as I went through creating the list of expiring copyrights, I noticed that as I got farther back in time the copyrights that expired were less interesting to me. For example the 28 year old ones are closing in on being able to legally start emulating most games of the older consoles. By the time we get into 1934, I had trouble finding ones that I cared about.

    For the questions as to why shouldn't we just write new stories and software etc? I do agree with that up to a point, and I have certainly written quite a few things that public domain or permissively licensed. But, first of all, the economically efficient price for information is its marginal cost, or zero. Second of all, if you care about stories and software being created, it is often easier to start from an existing work, and make improvements. For example, "What Child is This" uses the tune of Greensleeves. Or Shakespeare using existing plays, but improving them. Human time is precious, and if you can use less by 'stealing' that helps society. Why reinvent the wheel? In short, economically, copyright should last long enough to compensate the creator, and then it should be freed. (I have written about this before, but I know more now than I knew then: http://www.kuro5hin.org/?op=displaystory;sid=2002/1/8/122920/9442 )

    As for the people who think that no body follows copyright anymore, so why do we care? There is some truth to that, but things that are legal are much easier to do. For example, it is legal to download freeciv, but not starcraft. I'll let you guess which is easier to do.

    Now, on to kdawson's question about the odds that Congress lets 1923 works expire in 2018. I think there is a fair chance that the Sonny Bono Copyright Extension in 1998 was the last major copyright extension that occurs in the US. Why? Because more and more people are realizing that the public domain matters and is useful. In 1976, people stated with a straight face that if it wasn't available commercially, it wasn't available. So in 1976 it could be argued that keeping it in copyright kept it available to the public. In 1998, there was protest by a few people such as Michael Hart, founder of the Project Gutenberg. In 2009 places like Project Gutenberg, Archive.org, and Google Books prove that public domain content is more accessible. Plus you have people like the pirate party calling for 5 year copyright ( http://www.piratpartiet.se/international/english ). So I think there will be a serious fight to stop any further copyright extension. I wrote this slashdot story to try and get the message out that copyright is not what it used to be.

  61. Under the sarcasm... by KingAlanI · · Score: 1

    I see a point buried under the sarcasm - if copyright is really long, people would have to create new stuff because plunder-able ideas from the past are still under copyright. (That assumes that really, really, really old ideas aren't useful, which doesn't
    I, however, argue for a reverse of that: With long copyright, people are afraid to make new stuff because it might accidentally be too similar to something still protected. Also, thanks to the copyright on an original, people would be less able to make good derivative works.

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  62. Pirate Party wants 5 years by jrincayc · · Score: 1

    The Pirate Party wants a term of 5 years. I would be quite happy with 23 years.

  63. Re:I've thought about this before by Lord+Bitman · · Score: 1

    Have you never been to /. before? Of course they can.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All