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Creative Commons Responds To ASCAP Letter

An anonymous reader writes "Drew Wilson at ZeroPaid has a followup to the story about ASCAP telling its members that organizations like EFF and Creative Commons are undermining copyright. A spokesperson from Creative Commons said, 'It's very sad that ASCAP is falsely claiming that Creative Commons works to undermine copyright. Creative Commons licenses are copyright licenses — plain and simple, without copyright, these tools don't even work.' He also said, 'Many tens of thousands of musicians, including acts like Nine Inch Nails, the Beastie Boys, David Byrne, Radiohead, and Snoop Dogg, have used Creative Commons licenses to share with the public.' Many ASCAP members are already expressing their disappointment with the ASCAP letter over at Mind the Gap. Sounds like ASCAP will be in damage control for a while."

161 comments

  1. Representation? Hah! by Anonymous Coward · · Score: 1

    Nice to know that they work with the best interests of their clients in mind!

  2. DONATE by BiggerIsBetter · · Score: 5, Insightful

    Although the focus is on arists of media and music, the implications to the software industry are staggering. Imagine if GPL, CC, APL, and many other licenses were deemed to be invalid as a result of ASCAP and similar lobbying. All that work you and I have put into creating a free software ecosystem are for nought, because some some media execs want to get paid for performances by musicians who didn't sign with them.

    I donated to Creative Commons, EFF, and FSF for the first time today. You might not care about the media aspects but our industry absolutely depends on copyleft licenses and creative freedom, so I encourage all of you to do the same.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
    1. Re:DONATE by JamesP · · Score: 1

      Although the focus is on arists of media and music, the implications to the software industry are staggering. Imagine if GPL, CC, APL, and many other licenses were deemed to be invalid as a result of ASCAP and similar lobbying. All that work you and I have put into creating a free software ecosystem are for nought, because some some media execs want to get paid for performances by musicians who didn't sign with them.

      Then expect a huge flood of lawsuits from a multitude of OSS developers towards big users of free software especially those with connection to ASCAP

      It would be a MS wet dream probably, still

      --
      how long until /. fixes commenting on Chrome?
    2. Re:DONATE by ccandreva · · Score: 4, Funny

      The ultimate irony will be if this letter does more to raise funds for EFF and Creative Commons then ASCAP

    3. Re:DONATE by AHuxley · · Score: 1

      The senators from Microsoft and SCO get the above quoted.
      In 24 h its issued to Fox in talking point form.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:DONATE by Anonymous Coward · · Score: 2, Insightful

      If the posts in Boing Boing and Mind the Gap are any indication, they may have hit a nerve within their ranks that might do that.

    5. Re:DONATE by Anonymous Coward · · Score: 5, Informative

      In Czech Republic you actually have to pay OSA (they collect money for music usage) if you want to publish your own work (they actually claim that they will return you 70% of that if you sign with them).

    6. Re:DONATE by Anonymous Coward · · Score: 4, Informative

      I read the letter from ASCAP yesterday, and as far as I can tell they are just trying to keep copyright as is (or possibly make it stronger); it didn't seem like they wanted to invalidate copyleft. As for copyleft, I don't see what the big deal is. If somebody wants to use a restrictive copyright license, fine; if somebody wants to use a permissive copyleft license, fine. The two can (and should) coexist without any issues. If one side doesn't like the other side, tough titties; the artist should have the freedom to do whatever he wants. The only concern is the strength of copyright, which I think we all agree has grown too much; however, that is a separate discussion from copyleft vs copyright.

    7. Re:DONATE by Kjella · · Score: 4, Insightful

      Imagine if GPL, CC, APL, and many other licenses were deemed to be invalid as a result of ASCAP and similar lobbying.

      The ASCAP letter is throwing an awful lot of FUD around, but in essence it comes down to the freedom to engage in legal contracts. Open source and CC licenses are not unconscionable or obfuscated, they're some of the most well analyzed and straight forward IP licensing agreements there are. They're generally given as a voluntary offer, and are in no way coercive or presenting you with terms after the fact like an EULA. Those who agree to these terms are generally professionals who have to deal with IP laws in their general line of business. In short, those that agree to the terms have no reason to cry foul.

      If there's one thing that would be un-American, it's to limit what people can agree to. Compared to us here in Europe I'm surprised at how poorly consumers can be treated and how easily companies can get rid of problematic customers who things they don't like, for example using the advertised bandwidth. Why? Because you're free to enter almost any contract short of slavery, no matter how poor it is for you and how unequal the parties are. To seriously reach at the heart of open source and the creative commons, they would have to impose a whole new doctrine of only allowing contracts that are good for the country or the economy or whatever. It's as unlikely as snowball fights between flying pigs.

      --
      Live today, because you never know what tomorrow brings
    8. Re:DONATE by Lumpy · · Score: 4, Insightful

      ASCAP is built on lies and bullying. How many small businesses have been put out of business because of ASCAP and BMI coming in and fining them tens of thousands of dollars because they had an FM radio playing for the customers.

      Yes, If your business has an FM radio playing then you are a DIRTY STINKING MUSIC THIEF and you must be punished.

      This is how scumbaggy ASCAP is. Every person alive should hate and despise them.

      --
      Do not look at laser with remaining good eye.
    9. Re:DONATE by Anonymous Coward · · Score: 0

      Reading comprehension fail.

    10. Re:DONATE by rjlieb · · Score: 4, Informative

      I don't agree with what ASCAP is doing in this case. But, the information in the post above is simply wrong. Based on the information found here (http://www.ascap.com/licensing/licensingfaq.html), only businesses greater than 2.000 sq ft and more than 6 speakers installed need to worry about a license.

    11. Re:DONATE by icebraining · · Score: 3, Insightful

      BSD people seem fine with it. Although I like the GPL, as long as Free Software exists and I can use it, that's the important thing. The rest are details.

    12. Re:DONATE by icebraining · · Score: 1

      When I say "I", I mean people in general, of course :)

    13. Re:DONATE by soupforare · · Score: 1

      OTA Broadcast radio is fine as long as the content is unchanged. It's playing records at a volume louder than adequate for that employee's enjoyment that is what they'd go after you for.

      --
      --- Do you believe in the day?
    14. Re:DONATE by WCguru42 · · Score: 3, Informative

      I don't agree with what ASCAP is doing in this case. But, the information in the post above is simply wrong.

      Based on the information found here (http://www.ascap.com/licensing/licensingfaq.html), only businesses greater than 2.000 sq ft and more than 6 speakers installed need to worry about a license.

      2,000 sq ft is not as big as you think it is. And it's not hard to get up to six speakers, hell, most boom boxes are pushing that now, especially if you consider the woofer and tweeter as separate components on the same mold.

      --
      "Educate the mind but never at the expense of the soul."~Blessed Basil Moreau
    15. Re:DONATE by WNight · · Score: 4, Insightful

      Yeah that makes sense, penalize a lumber yard and ignore a small store.

      No, it's monopoly abusing, rent-seeking behavior. When we pass laws making shit into property we get do-nothings seeking to exploit it. They'll happily sit by while their shit is shoved onto the airwaves and then penalize anyone who decodes it.

    16. Re:DONATE by WNight · · Score: 1

      Here, this should help.

      I got even with my ex-california boss after he did not pay my last week of work. BANG.

      Ooops I've said too much .

      Are you just on a one-man crusade to make all gun owners look like retarded man-monkeys? Because you're doing a wonderful job. Between this and your previous statements about flashing your gun to make sure the cashier honoured the terms of sale that you deemed valid, and other idiotic comments, you should probably be locked up for your own safety before the real gun owners take you to task.

    17. Re:DONATE by WNight · · Score: 1

      Unless of course it was your code...

    18. Re:DONATE by Anonymous Coward · · Score: 0

      The fact isn't at issue. Regardless of what they SAY, they have been publically called out in mainstream media a number of times for pulling such bullshit.

    19. Re:DONATE by djdanlib · · Score: 2, Interesting

      As easy as it is to "hate the man" in potential ugly situations like that, I've never heard of that scenario where a small business was put out of business by ASCAP + BMI fines, so feel free to cite some sources on that one.

      However, as a part time DJ, I am aware of the licensing fees and obligations on the part of both the DJ and the establishment. It's expensive to deal with them.

      And as a friend of lots of musicians, I am aware of the royalty fees that ASCAP can bring in to its members.

      It's kind of a love/hate relationship, where money circulates and there's no way to stop the cycle. Ostensibly, you're supposed to be protected from people ripping off your band's music. But, a cover band/DJ and a bar need only to get a blanket license, and they're good to go and rip you off all the way to the bank. So... what's the point, really?

      Don't forget about SESAC!

      You usually have to have ASCAP, BMI and SESAC licenses to be mostly clear, and then you should track down all the little off-mainstream labels that are unlikely to pursue legal action, but you still don't want to rip them off or get sued by some random exec you didn't know about that showed up at a wedding/party.

    20. Re:DONATE by Anonymous Coward · · Score: 0

      ASCAP sends people out to businesses that aren't paying the royalties, and if there is a TV, a set of speakers, ever a live performance, or probably no reason at all, they send a threatening letter to the owner, because there is potential for playing protected music. It's pure extortion. How many owners just pay the royalties to get the ASCAP assholes to go away, or to avoid legal exposure? I don't know, but ASCAP shouldn't exist. But, hey thanks for using their website to defend them. I'm sure you've had lots of personal experience with their people and letters.

    21. Re:DONATE by dgatwood · · Score: 4, Informative

      I read the letter yesterday as I was getting on a plane to the 75th anniversary celebration for Foster Music Camp. I was not happy. By painting the CC as the enemy, they are supporting the chaos of incompatible one-off licensing for such uses prior to its existence. I wrote them a letter pointing out their mistakes.

      I concluded by saying that I would reconsider my membership if they do not stop these baseless ad hominem attacks on organizations that do so much to improve the rights of authors, content users, and those who license content created by others. I encourage other content creators who feel similarly to do likewise. The only way they'll ever "get it" is if we members keep driving home the point that absolute control of copyright is not in anyone's best interests, including content creators.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    22. Re:DONATE by AtariKee · · Score: 1

      Where I work (a new bar & grill that opened a month ago) received an ASCAP letter during the remodeling of the building, reminding us that we have fees to pay if we are to broadcast music. The letter was VERY vague with regards to the SOURCE of the music. We had a local amusements operator install a fully-licensed (by them) jukebox, and we also had Sirius installed as well. We now await the followup letter from ASCAP so that we can conveniently tell them to go fuck themselves.

      --
      "You're getting brutal, Sark. Brutal and needlessly sadistic."
      "Thank you, Master Control"
      -Sark and the MCP
    23. Re:DONATE by X0563511 · · Score: 1

      Unfortunately both the amusements operator and Sirius have already paid there share to ASCAP. All you did is shift the bullshit onto someone else.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    24. Re:DONATE by X0563511 · · Score: 1

      How high-horse of you.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    25. Re:DONATE by LordVader717 · · Score: 4, Insightful

      Music collection societies are the seediest groups in the copyright industry. They bully and exploit their own members, and fight free culture with all earnest. Thanks to them we have blank media levies, and their members are forced to anti-competitive licensing agreements. They usually have monopoly status in their respective markets, so they wield an incredible amount of power.

    26. Re:DONATE by Kirijini · · Score: 1

      The ASCAP letter is throwing an awful lot of FUD around, but in essence it comes down to the freedom to engage in legal contracts. ...To seriously reach at the heart of open source and the creative commons, they would have to impose a whole new doctrine of only allowing contracts that are good for the country or the economy or whatever. It's as unlikely as snowball fights between flying pigs.

      I see what you're getting at, but I think there's actually a really easy (as in, technically easy - definitely not legislatively easy) way for ASCAP to get what it wants. And get what it wants in a big way. And without really abridging people's contracting rights.

      ASCAP could totally kill open licensing by requiring all licenses and transfer of copyright to be exclusive. I.e., no more nonexclusive licenses.

      That's probably way too radical to ever happen, but a similar result could be obtained by tweaking section 204 of the Copyright Act (17 U.S.C. 204), which requires transfers of copyright ownership (i.e., exclusive licenses) to made in writing and signed by the owner. If that were changed to require all licenses to be signed by the owner (whether exclusive or nonexclusive), open licenses would be rendered impractical. Because regular folks really don't have the time to sit down and sign every license (even with an electronic signature, it would be too inconvenient), what this change would do is essentially cement ASCAP into a permanent part of all future copyright business. ASCAP is a collective rights organization - so, in other words, it acting as the owner's agent and signing licenses for them is already its business model. If even Creative Commons licenses had to be signed, then, as a practical matter, CC licenses would have to go through ASCAP . And you can bet your ass that they would charge a fee, even when processing "free" licenses.

    27. Re:DONATE by commodore64_love · · Score: 1

      If two anonymous cowards (0) are talking to one another, does anyone hear them? ;-)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    28. Re:DONATE by X0563511 · · Score: 1

      I used to filter 0's, but I realized that sometimes they have something useful to say that a moderator either hasn't bothered or doesn't care for. Filtering -1 seems to get me better results. There's a bit more noise, but you get more of the signal too :)

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    29. Re:DONATE by Noughmad · · Score: 3, Funny

      Music collection societies are the seediest groups

      I have never thought of torrent seeders as "music collection societies", but I suppose the term is quite fitting.

      --
      PlusFive Slashdot reader for Android. Can post comments.
    30. Re:DONATE by bennomatic · · Score: 4, Informative

      Not only that, but ASCAP may come asking for a triple-payment. They may assume that the owners don't understand that fees have already been paid twice.

      In fact, I'm not certain of the rules myself; it's my understanding that even if the source is a regular broadcast radio--and those stations have most certainly paid to play the music--businesses are still "required" to pay ASCAP fees.

      Funny thing is that once upon a time, ASCAP was the artist's friend. Folks like Little Richard had their music stolen and used for profit by mega-moguls like Disney and others, and didn't see a cent of it. ASCAP was built to protect against that, and it's slowly devolved into a group of thugs that go after Girl Scouts doing public performances of the Macarena dance.

      --
      The CB App. What's your 20?
    31. Re:DONATE by Anonymous Coward · · Score: 0

      Except for the notices they send to all businesses that MIGHT even consider playing music. The damn things read like a mobster demanding protection money.

    32. Re:DONATE by Anonymous Coward · · Score: 0

      Insightful or Flamebait? I really can't tell.

    33. Re:DONATE by NekSnappa · · Score: 3, Interesting

      A local singer that I play bass for on occasion was scheduled to play his own music at an antique store around Christmas last year.

      The gig was advertised in local media, and websites. Two weeks prior the antique store was shaken down by BMI/ASCAP for a ridiculous amount. I don't recall how much at present, but seem to recall it being in the neighborhood of $1000.

      This is a small shop in the square of the county seat in a rural area, and they want all this money for one of their own members to play his own music in a friends store.

      Asshats!

      --
      I want to shoot the messenger!
    34. Re:DONATE by toriver · · Score: 1

      We need a "+0 Meh" moderation.

    35. Re:DONATE by toriver · · Score: 3, Insightful

      It's getting very obvious they are just running a protection racket. Can't someone report them to the police soon?

    36. Re:DONATE by HiThere · · Score: 3, Insightful

      I wish I believed you, but they own both of my senators body and soul. If they told my senators to vote to ban the use of the word small, they would. Or to vote that up was down.

      These people (ASCAP, MPAA, RIAA, etc.) are vicious parasites on society who should be bankrupted immediately. Actually, I feel they deserve worse, but making that legally possible would probably entail handing even more power to the feds. If the old institution of outlawry were still on the books, I would suggest that for every director and every member of management of those institutions. Possible with a sizable reward for each of them. Say, whatever they asked for in their last baseless copyright infringement lawsuit. Or possibly the one they filed against the person who'd been dead for years. (I should look that up, but it's not significant.) But I don't think "Dead or alive" is appropriate. Just have their heads brought in.

      (You may gather that I do not like the organizations. I've been boycotting them for around a decade now.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    37. Re:DONATE by jesset77 · · Score: 1

      We need a "+0 Meh" moderation.

      Interesting idea. Should it burn one or two mod points in the process? ;D

      --
      People willing to trade their freedom of expression for temporary entertainment deserve neither and will lose both.
    38. Re:DONATE by jesset77 · · Score: 1

      "You're getting brutal, Sark. Brutal and needlessly sadistic."
      "Thank you, Master Control"
      -Sark and the MCP

      Bwahaha, probably the best thing about this quote is that it's just David Warner talking to himself. EPIC!

      --
      People willing to trade their freedom of expression for temporary entertainment deserve neither and will lose both.
    39. Re:DONATE by I)_MaLaClYpSe_(I · · Score: 1

      Your EFF donation link is broken. Instead, use this link. I am a bit worried that I was the first to point this out...

    40. Re:DONATE by Anonymous Coward · · Score: 0

      Thats what you get for supporting paedophiles!

      Whats that you say? OSA are not in fact paedophiles? I'm sorry sir, I must apologise for such a perfectly organised media frenzy that led to such an accusation.

    41. Re:DONATE by Anonymous Coward · · Score: 2, Informative

      Well, ASCAP wasn't the friend of every artist. There were some race and class issues that led to the creation of competitor BMI in 1939, who licensed a good deal of R&B artists that ASCAP didn't touch.

    42. Re:DONATE by commodore64_love · · Score: 0, Flamebait

      >>>Imagine if GPL, CC, APL, and many other licenses were deemed to be invalid as a result of ASCAP and similar lobbying. All that work you and I have put into creating a free software ecosystem are for nought
      >>>

      Basically like unpaid labor. You contribute all that effort into Linux or whatever, only to have it taken away from you (like Google did with Taco when they turned it commercial). I'd be angry first, and I'd get even with the ASCAP and RIAA CEO just the same way I got even with my ex-california boss after he did not pay my last week of work.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    43. Re:DONATE by Anonymous Coward · · Score: 1, Interesting

      I help run a medium-sized fan convention in a major metropolis.

      A few years ago, we had a couple of musical acts play live shows during the evenings. During set breaks and open times, we would play pre-recorded music by these same artists - with their permission, heck, they provided the CDs for us to use. It also bears noting that these were independent musical acts not affiliated with ASCAP.

      About six months after the convention, we received a similar letter from ASCAP accusing us of using unlicensed music and requesting we pay some ridiculous amount plus a penalty. If I recall correctly, it was about $2500 total. Think about that: they wanted us to just send them $2500 for playing music from artists not affiliated with them, with said artists' permission and said artists' even providing us with CDs to use.

      And these people "represent the artists?" Bull. They're a Mafia-esque "protection racket" - nothing more - shaking down a non-profit financed by its directors that didn't even break even until last year.

      We replied to the letter and told them, politely but in no uncertain terms, that if they could prove that we illicitly played music by an ASCAP-represented artist, that we would pay the penalty. But, until they could prove wrongdoing on our part, we refused to pay a single cent to them.

      That was 2.5 years ago. We have still yet to hear back.

      However, we did learn a couple of important lessons during the whole fiasco. We now ask all performers to inform us of any industry affiliations they may have and we document all agreements made between us and performers, no matter how minor they may seem, in writing. Because, if they had filed a suit against us, it would have just been our word against theirs.

    44. Re:DONATE by Thinboy00 · · Score: 1

      So all of a sudden ASCAP owns 60 senators and 50%+1 representatives? I know they lobby, but I didn't think they lobbied that much... Or are you suggesting another 1976 copyright act fiasco (in which a person authorized to spellcheck the law (and nothing else) added the "audio recordings are works for hire [and belong to the record labels]" language to the act behind everyone's backs, and was then hired as a high-payed lobbyist by the RIAA)?

      --
      $ make available
    45. Re:DONATE by Kirijini · · Score: 2, Informative

      What you're talking about is the technical amendment to the 1976 Copyright Act that was passed in the Satellite Home Viewer Improvement Act of 1999 - specifically, in Public Law Number 106-113, app. I, sec. 5005 (which can be found here, but you'll have to search for "sound recording" - it's near the bottom). Semi-contemporary coverage of this can be found here. The legal ramifications of that attempt at stealth-legislation are discussed in David Nimmer's Sound Recordings, Works for Hire, and the Termination-of-Transfers Time Bomb.

      But, that scandal was fixed - in the Work Made for Hire and Copyright Corrections Act of 2000, Public Law Number 106-379, which can be found here.

      The greater scandal is the Vessel Hull Design Protection Act, Pubic Law Number 105-304, which is still codified at 17 U.S.C. ch. 13 (the law can be found here). David Nimmer has speculated in his treatise and elsewhere that the sui generis protection for boat hull designs is a trojan horse to later allow new designs to be protected by this bizarre "copyright" provision. And in fact, such protection has been considered for fashion designs.

      Fact of the matter is that stealth amendments happen all the time. Copyright is not an area of that law that congress people pay much attention to.

    46. Re:DONATE by catman · · Score: 1

      Our version of ASCAP - TONO - wanted businesses to pay a fee for every company PC that was equipped with a sound card ... all they got was "see figure 1".

    47. Re:DONATE by Anonymous Coward · · Score: 0

      YES! MONEY TALKS!

      my money pile is bigger than yours!!

      on the subject, someone should point in the direction of the congress ppl mixing up free culture/licenses with "make all content free" ideology.

      This subject is SUCH a mix up of ideas...

      Educational content should be free. But other content as music and movies should not. (at least if its creator does not want it to be that way).

      I bet those ppl in congress are confusing this philosophy with their own "all should be free" variant (maybe with an agenda too? (i.e. put in risk the "free" philosophy ??)). In any case, they DO harm to it (as we can see by these kind of threats like what ascap has done).

      skulks captcha

    48. Re:DONATE by Anonymous Coward · · Score: 0

      Hmm. Are we quite sure ASCAP sent the letter?

    49. Re:DONATE by Lumpy · · Score: 1

      It's called "public performance" and yes plain old FM radio counts. Please READ the ASCAP/BMI rules carefully, asthey are insanely restricted and ridiculously one sided. They also start at $1000.00 per infraction and ALWAYS get multiple infractions. Even an extortion "fine" of $1000 can put a small business out of business.

      PLUS their rules change if you sell alcohol of any kind, they can even demand a percentage of all your profits.

      ASCAP fines you if the radio can be heard outside the employee area, and they typically can make crap up just like how the BSA does during audits because all of their "infractions" are relative and based on what the investigator thinks or wants. They do not use any scientific methids.

      I have seen ASCAP extortion at work, many new businesses get an ASCAP extortion letter before they open.

      --
      Do not look at laser with remaining good eye.
    50. Re:DONATE by pugugly · · Score: 1

      Just as a useful tip: I, personally, am lazy and cheap.

      My bank has the usual pay bill options set-up - eminently useful for making sure credit cards and so on get paid on time, but more importantly, you can *also* have it send to an address.

      Set-up your addresses to include whatever charity you want, and they will happily send $5 a month to whoever you feel needs it, and if you are *really* so tight the $5 makes a difference that month, you can skip it without guilt. I haven't *promised* anything, I just happen to send $5 a month to four different groups (And yes EFF is one of them).

      Though, be warned - unsolicited, unpledged donations evidently throw the accounting department of my local PBS station into a tizzy. Seriously, we've gotten calls from them "But . . . you haven't pledged?" "No. And I don't intend to." "But . . . you've donated for 2 years straight? Why won't you pledge?!?!" "I may not donate next month." "But . . ." "Hey - I have commitment issues. Do you want the five bucks or not?"

      So far they've taken it - {G}. Yeah - PBS, *TAKE* my money - Take my money and LIKE IT . . . Bitches!!!! But I ain't never gonna *pledge*!!

      'Cuz I'm a REBEL an' that's how I Roll!! Bitches!!

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    51. Re:DONATE by JAlexoi · · Score: 1

      And how does US get the 19th place in the Transparency International's corruption rankings, I have no idea.....

    52. Re:DONATE by Anonymous Coward · · Score: 0

      then ASCAP? Fuck no! Exclude donating to ASCAP entirely. Fuck them deadedly!

  3. Re:Representation? Hah! by Anonymous Coward · · Score: 5, Insightful

    The death throws of an obsolete industry are amusing and sad. The lazy abusers of other people's talents do not like to see their revenue stream cease as those who perform all the hard labor find alternate methods of representation and distribution. Claims that they represent the viewpoints, and wish to protect the interests, of their sheep, fall upon unsympathetic ears. The revolution will not be televised, but it will be on Youtube, under CC.

  4. Not to sound demeaning, but... by http · · Score: 4, Insightful

    Dear ASCAP,
    Please don't spread lies. The people behind EFF, CC, PK et alia, are smarter than you, and easily ruffled by people getting the facts wrong.
    You're in for a schooling.
    http

    --
    If opportunity came disguised as temptation, one knock would be enough.
    3^2 * 67^1 * 977^1
    1. Re:Not to sound demeaning, but... by Anonymous Coward · · Score: 1, Funny

      Hell, I've met guys that the ASPCA was in charge of that were smarter than the guys in charge of the ASCAP.

    2. Re:Not to sound demeaning, but... by MachDelta · · Score: 1

      So what you're saying is you know male newts who are smarter than the ASCAP overlords?

      (hint: American Society for the Prevention of Cruelty to Animals)

    3. Re:Not to sound demeaning, but... by Anonymous Coward · · Score: 0

      That's the joke.

    4. Re:Not to sound demeaning, but... by MachDelta · · Score: 1

      My funny detector is broken today :(

  5. Sigh by Anonymous Coward · · Score: 0

    When will the RIAA and ASCAP take a few minutes of their time to actually read the licenses from Creative Commons to see that CC actually complements copyright. Without copyright, CC wouldn't even work.

    1. Re:Sigh by twidarkling · · Score: 5, Interesting

      When will people take a few minutes to get some reading comprehension and realize that's ASCAP's point. CC is, in ASCAP's point of view, corrupting copyright. You can't say something's being corrupted if it's not being used. ASCAP doesn't want people using copyright in such a fashion as to be giving stuff away. Copyright must be exercised to make a profit, contributing freely to society is to be abhorred and derided as unnatural.

      This is why ASCAP is so dangerous. They want to make it so that any and every project must be either profit-oriented, or public domain, with no middle ground. And if you can't afford to monetize something, then you're stuck either keeping it under wraps, or losing complete control of it.

      --
      Canada: The US's more awesome sibling.
    2. Re:Sigh by Bryan3000000 · · Score: 5, Insightful

      After they change it to a profit-oriented | public domain dichotomy, they will work to co-opt the public domain. This is easily accomplished by doing compilations, revisions, or other transformation to a public domain work. Then they will attempt to ensure that any version that remains in the public domain becomes unavailable or that its source is sufficiently unpopular/unrecognized. At the same time, they will lobby for laws which will undermine any public domain repositories. They are already lobbying to have facts themselves copyrighted (as opposed to compilations of facts, which are currently copyrightable). The public domain is easy for them to undermine, while free culture licenses are next to impossible to undermine under the laws they have already succeeded in securing.

      This strategy could be combated by setting up non-profit public domain repositories which take the same strategy of re-copyrighting works from the public domain, while refusing to license the works to for-profit ventures and making them available to the public freely or if that won't work through a membership mechanism, or some other strategy. This counter-strategy will inevitably fragment and require new strategies, etc, etc.

    3. Re:Sigh by VGPowerlord · · Score: 1

      When will the RIAA and ASCAP take a few minutes of their time to actually read the licenses from Creative Commons to see that CC actually complements copyright. Without copyright, CC wouldn't even work.

      As soon as the RIAA and ASCAP hire people with a high enough intelligence to understand what they're reading.

      In other words, about the same time hell freezes over.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    4. Re:Sigh by Anonymous Coward · · Score: 0

      There is always some sort of profit in it otherwise I would just public domain the item.

      The profit in these sorts of licenses is 'you will act like I act'. That is the exchange of 'goods' here.

    5. Re:Sigh by Anonymous Coward · · Score: 0

      If ASCAP wants to play that card, we can use the "IP Cartel is corrupting copyright by lobbying for extensions" card...

  6. The funniest thing... by Eggplant62 · · Score: 1

    I just can't help but laugh at the complete lack of understanding of what Copyleft really is. Here's my stuff, you may quote it, keep a copy for yourself, pass copies along to your friends, but include attribution to the source. What the heck is so damned difficult to understand?

    1. Re:The funniest thing... by X0563511 · · Score: 4, Insightful

      The part where no money is taken/received, apparently. The people in charge of this mess are scrooges. They subscribe to a very bad form of morals:

      1. If it results in profit, it is moral.
      2. If it does not result in profit or loss, it is pointless (or immoral)
      3. If it results in loss, it is immoral

      I forget the name of this system, but it's a real system that sociologists study. I think you could substitute profit for gain, as profit is a subset of gain.

      Honestly, I wish such people would wise up or die in a fire.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:The funniest thing... by Tellarin · · Score: 1

      I'd rather have them die in a fire. Especially if it's one that will get them nominated to the Darwin Award. :)

    3. Re:The funniest thing... by HiThere · · Score: 1

      You're assuming they're being honest. Why do you doubt that they understand what it says? They're pretending it says something it doesn't say because it strengthens their case, and makes it palatable to the ignorant and uncaring.

      To say that they are shysters is to defame shysters. To say that they are liars is to defame most liars. They don't give a rat's ass about honesty or truth. They're counting on political pull. This may be enough, because they've got lots of political pull. Any politician running for office would love to have the media owe him a few favors. And many are already deeply in debt to the media. This isn't, directly, ASCAP, but it's the same people who are in control of ASCAP.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:The funniest thing... by spitzak · · Score: 1

      I am wondering more if this is in fact an attempt to get the term "Copy Left" redefined in public perception to mean "The Pirate Party". One of the letter writers in this page:

      http://www.artsjournal.com/gap/2010/06/the-right-balance-on-copying.html#
      (search for Sarah Baird Knight)

      Seems to be actively trying to redefine the two sides in the argument as the terms "Copy Right" and "Copy Left" to be what I think most people would call "The RIAA,etc" and "The Pirate Party". This is despite many responses from musicians that they never heard the term "Copy Left" used in this way, she repeatedly states that she thinks these are the correct terms.

  7. Coming Battle: Individual Rights vs. Copyrights by Apple+Acolyte · · Score: 5, Interesting

    With ACTA looming and governments already planning how to implement it, it seems that unless something else completely disruptive occurs there will be a battle over two competing rights models: individual rights versus copyrights (and other intellectual property rights). I respect intellectual property - to an extent. I believe in copyrights that help spur creativity in arts and sciences, but the original plan for copyrights as endorsed by the US Constitution was for them to grant limited time monopolies to creators. That model has been rejected because of the special interest corruption from multi-national corporations, and now the media cartels are working to make the federal government their handmaiden and servant on the Internet. If you haven't read it yet, the current draft of ACTA calls for action against copyright offenders at the inchoate stage, before the infringement has even been committed. It calls for the creation of an "impending infringer" task-force with a broad mandate to prevent copyright infringement that hasn't even taken place yet. Media reports are claiming that under ACTA it may become illegal to search for the keywords "Metallica album download," even if no infringing material is downloaded. If true, it would destroy the Internet as we know it, and we also know that once government gets its "nose under the tent" that will be just the beginning of its regulatory and enforcement regime. So, as I said before, while I have limited respect for intellectual property and believe it is morally wrong to enjoy another's work by copying it without approval, I believe in individual rights over copyrights. And moreover, I believe in maintaining a relatively free Internet with a certain level of copyright infringement going on if the alternative is clamping down on freedom online in a draconian way to discourage infringement. As the New Deal, the War on Poverty/Great Society, War on Drugs (and some may also argue the War on Terror) have shown us, the government cure to what ails society is usually far worse than the disease.

    --
    Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    1. Re:Coming Battle: Individual Rights vs. Copyrights by copponex · · Score: 4, Insightful

      As the New Deal, the War on Poverty/Great Society, War on Drugs (and some may also argue the War on Terror) have shown us, the government cure to what ails society is usually far worse than the disease.

      Just one point: don't confuse bad governance with government. The reason ACTA is being passed is because the public at large is failing to do anything meaningful about it. Yeah, the media is shilling for corporate interests. But you decided to play a video game instead of doing anything about it. Instead of organizing your government, you went shopping or watched another hour of tv.

      Piss and moan all you want, but anyone living in a democracy needs only a mirror to see who to blame.

    2. Re:Coming Battle: Individual Rights vs. Copyrights by Apple+Acolyte · · Score: 1

      And you aren't part of the public, Mr. Chomskyite? What exactly have you been doing to organize against ACTA? I'm trying trying to spread the word to everyone who will listen, and I'm preparing to organize. What's your contribution?

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    3. Re:Coming Battle: Individual Rights vs. Copyrights by copponex · · Score: 1

      Americans are not ready for change. They are still in denial about the realities of things much more important than ACTA. It's going to take a larger crisis to wake them from their apathy.

      In a sense, this is just as much as you have done. Identify what you consider a problem, tell the people you know about it, and hope they listen. Of course some of us are more self righteous than others with their impotent opinions.

      PS This is one of the reasons I look up to Chomsky. He has been a true critic of state abuses of power and the threat of multinational corporations since long before you or I were born.

    4. Re:Coming Battle: Individual Rights vs. Copyrights by Anonymous Coward · · Score: 0

      If it becomes illegal to search for "Metallica album download", then I will write a script to search for it thousands of times per second, and distribute the script to everyone who wishes to searchbomb along side me.

      (Achievement: New word, "Searchbomb")

      When they filter it, the script will gain a list of bands that it randomly searches for. Again, thousands of times per second. Randomizing the reported source of the search is the next step. The arms race will ultimately result in a near-useless signal-to-noise ratio on the enforcement side of things. Once that happens, they stop listening, we stop making useless noise, and we can all chalk up a kill on an ACTA provision. 1 down, Only 80 hojillion more bad ideas to go.

      Doing this in parallel to the rest of the "low-hanging fruit" of bad ideas in ACTA will likely hamstring early efforts to enforce any of them. This will raise enforcement costs with no foreseeable short-term benefits, which will likely lead to ACTA losing most if not all of its teeth.

      So disobey. Disrupt. Destroy the bad laws and ideas. Destroy ACTA. Make it useless, and it will be reduced to nothing. If it can't be enforced, it has no teeth. If it has no teeth, it can't hurt you. If it can't hurt you, mission accomplished.

    5. Re:Coming Battle: Individual Rights vs. Copyrights by kent_eh · · Score: 4, Interesting

      Just one point: don't confuse bad governance with government. The reason ACTA is being passed is because the public at large is failing to do anything meaningful about it.

      It's hard to get people motivated about something that is being actively hidden from them.

      Citizen: "ACTA is bad. Please Mr. Politician, stop it"
      Politician: "which specific parts of ACTA are you talking about. Plese quote me chapter and verse"
      Citizen: "But you won't let me see it. You won't even acknowledge it exists"
      Politician: "So you have no idea what you're talking about.. Good day sir. Don't let the door hit you on the ass on the way out"

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    6. Re:Coming Battle: Individual Rights vs. Copyrights by Man+On+Pink+Corner · · Score: 2, Insightful

      Part of the hardcore faithful who believed in Apple long before it was cool again to do so

      OT, but the Apple that I once believed in published their schematics and firmware source listings in the back of their reference manuals. I don't know what rough beast slouches around One Infinite Loop these days, but it's not Apple anymore.

    7. Re:Coming Battle: Individual Rights vs. Copyrights by TheRaven64 · · Score: 1

      That Apple died a very long time ago - some time around 1984. Then there was NeXT, which aimed to create the perfect computer (or, at least, the closest approximation possible with the technology that existed at the time) and came pretty close. This company wasn't known for its openness (see the history of GNU Objective-C), but was known for producing technology that was far better than anything their competitors were shipping. When the old Apple started to decay, they tried to trap the spirit of NeXT inside its body to reanimate it. The lurching zombie that you see today is the result.

      --
      I am TheRaven on Soylent News
    8. Re:Coming Battle: Individual Rights vs. Copyrights by BJ_Covert_Action · · Score: 1

      So in your first post you criticize the parent for not doing anything. His response is to explain to you that he has at least been spreading awareness and asks you what you've done to help. To which you respond, in a condescending manner, by telling him that what he is doing is essentially useless and then justifying your own values regarding Chomsky's notions. Simultaneously, you avoid his entire accusation of you having done nothing. Frankly, of the two of you, it sounds like Apple has the right to stand up and call people out for living in a democracy and not taking action. However, you don't.

      You sit there and preach about how you look up to Chomsky because he criticizes the government. Whoopty fuckin' do. Criticism is completely useless if action isn't taken as a result. At least Apple is trying to take some action. For that I can respect him. You, sir, however, appear to be an intellectual dick.

    9. Re:Coming Battle: Individual Rights vs. Copyrights by copponex · · Score: 1

      So in your first post you criticize the parent for not doing anything.

      I said, "The reason ACTA is being passed is because the public at large is failing to do anything meaningful about it." The you referenced thereafter is not directed only at the OP.

      Frankly, of the two of you, it sounds like Apple has the right to stand up and call people out for living in a democracy and not taking action. However, you don't.

      You wholly misunderstand the concept of rights.

      You sit there and preach about how you look up to Chomsky because he criticizes the government. Whoopty fuckin' do. Criticism is completely useless if action isn't taken as a result.

      I'm sorry. Chomsky has written nearly 100 books, participated and given thousands of lectures, and been involved with direct action for at least forty years. I'm not sure why this isn't an accomplishment. Without Chomsky, we would not have the Propaganda Model. Many people in the world would be simply unaware of a whole host of current and historical issues and their true context.

      As far as results, look at the difference. The President can't just carpet bomb random countries without congressional approval. He has to manipulate the media and commit serious resources to propaganda for a few months before he gets the CIA to manufacture evidence to invade. It's not much progress, but it's something. The Iraq War was protested before it even began. That's an historical first, unless you want to count pacifist movements in the thirties.

      At least Apple is trying to take some action. For that I can respect him. You, sir, however, appear to be an intellectual dick.

      You respect him but not me for doing the same thing. I have a sneaking suspicion it has nothing to do with the moral differences in our actions, but with your own personal opinions about me.

      And yes, I am an intellectual dick. Large segments of the adult world are infantilized and have bought the idea that self-fulfillment is the only metric by which life can be assessed. I had a former friend tell me that he was "creating" and that the very nature of taste was "inclusive by nature." And what is he doing? Working for someone else, and spending his money on things he likes. If this is a new standard for moral courage, then we are all fucked.

      Given, I am doing the same thing, but I am under no misapprehension that living this way is helping society at large. I am part of the machine, funded with my apathy and my taxes, just as most everyone is. The only good thing I have to say about myself is that I have not accepted the notion that having a job and living is revolutionary. It's the most basic form of servitude to the way things are.

      The OP isn't really doing anything. I'm not really doing anything. This post itself is probably a total waste of time. One of us just isn't in denial about it.

  8. Tens of thousands of musicians? by jetole · · Score: 3, Interesting

    While the spokesperson for creative commons may or may not be right, I would like to know that tens of thousands is an accurate number and where he got it from. I hope he is right but I am skeptical that this is a real figure. I know all the artists he mentioned have used creative commons ("including acts like Nine Inch Nails, the Beastie Boys, David Byrne, Radiohead, and Snoop Dogg"). In fact Nine Inch Nails is my favorite band and I was excited when Trent Reznor made that decision for Nine Inch Nails and it's being followed through with his new band How To Destroy Angels (lead by his wife Mariqueen Maandig). I felt these were strong acts in supporting Creative Commons which has served me and many others very well in our business and personal lives. None the less, can someone please point me to a site, registry, document or anything that says tens of thousands of musicians in a reputable manner as the spokesperson has claimed?

    1. Re:Tens of thousands of musicians? by Anonymous Coward · · Score: 1, Informative

      here you go:
      http://jamendo.com

    2. Re:Tens of thousands of musicians? by Anonymous Coward · · Score: 4, Informative

      Off the top of my head, you've got all the artists on the newgrounds audio portal, as well as artists on soundclick, mp3.com, last.fm, jamendo, and loads of smaller niche portals like them.

      If you don't limit it to just musicians, then you've also got Youtube (obviously), Deviantart, most webzines (such as slashdot itself, and arstechnica), a lot of the projects on moddb, not to mention thousands of independents on services like livejournal and blogspot. CC is a *huge* part of the internet and its culture, and it's worrying that someone like ASCAP can even consider attacking it. The only way you could realistically fight a CC license would be to radically redefine copyright law - and I'm pretty sure that if someone tried that, the approach would also kill off the Apache license, the GPL, , or even just the busker on the street corner trying to give out demo tapes. Even broadcast TV could go down the pan - after all, you receive it on an implied license. End result? Essentially, a complete shutdown of the internet and culture as we know it.

      Not a world I want to be a part of. Thankfully, I don't think ASCAP can affect copyright legislation in the UK and Europe, and the EC seems sane enough not to let something like this happen.

    3. Re:Tens of thousands of musicians? by JAlexoi · · Score: 1

      EC has a positive element - it has some members that are from small countries, that can suffer some serious personal injury if they stop representing their constituencies, or are one of the least corrupt nations in the world.

    4. Re:Tens of thousands of musicians? by Anonymous Coward · · Score: 0

      While the spokesperson for creative commons may or may not be right, I would like to know that tens of thousands is an accurate number and where he got it from. I hope he is right but I am skeptical that this is a real figure. I know all the artists he mentioned have used creative commons ("including acts like Nine Inch Nails, the Beastie Boys, David Byrne, Radiohead, and Snoop Dogg"). In fact Nine Inch Nails is my favorite band and I was excited when Trent Reznor made that decision for Nine Inch Nails and it's being followed through with his new band How To Destroy Angels (lead by his wife Mariqueen Maandig). I felt these were strong acts in supporting Creative Commons which has served me and many others very well in our business and personal lives. None the less, can someone please point me to a site, registry, document or anything that says tens of thousands of musicians in a reputable manner as the spokesperson has claimed?

      On one site alone, Jamendo, there are nearly 20,000 artists using CC licenses:
      http://www.jamendo.com/en/artists

  9. That's the beauty of it by Anonymous Coward · · Score: 0

    Most creative commons license are undermining copyright, by using it against itself. You can't take away the weapon without killing the defendant.

  10. Production and copying creates wealth by roman_mir · · Score: 1

    For whatever reason the governments of the world got into misguided attempts to 'promote' wealth creation by actually limiting human ability to do so by copying, these misguided attempts include copyrights and patents (though trademarks are really not such a big problem).

    Having a good working economy relies on production, not on consumption, and when society starts artificially limiting human ability to produce by copying or in any other way, that society starts losing the edge on its productive capacity and eventually loses its main wealth generator - production (unless of-course, that society does not rely on production but on something else - raw material extraction or wars and stealing things others produce).

    Copyright and patent laws kill economy, that's all there is to it.

    1. Re:Production and copying creates wealth by brit74 · · Score: 4, Insightful

      The big problem with your argument is that you don't have a model for creators to be paid. If creators can't get paid (or get paid insufficiently), then you undermine the production part of the equation. If you don't like the system, then you should promote alternate ways for creators to get paid for their work that actually work well. For example, if tax dollars went to pay creators, then creators would get paid and society copy their work all they want because the creator already got paid. (Unfortunately, this undermines the need for creators to create something truly useful for society. At least copyright forces creators to create something that society wants to buy.) Or, perhaps a shorter copyright so that people can eventually copy it all they want (after the copyright has expired), but the creator still has an exclusive period where he can get paid (although, even that would be a compromise according to your thinking).

    2. Re:Production and copying creates wealth by cpt+kangarooski · · Score: 2, Informative

      The big problem with your argument is that you don't have a model for creators to be paid.

      First, not all authors need to be paid. For example, no one is paying for you to write posts on Slashdot, which are perfectly valid creative works, and presently protected by copyright; you're choosing to do so yourself. So we could probably abolish copyrights for works where the author would have created and published the work if he couldn't get a copyright. (Lacking the ability to read minds, probably the best way to do this is to require authors to register and pay a nominal fee to get copyrights; authors who don't care probably won't bother, while authors who do care probably will.)

      Second, copyright as we know it only dates back to the early 18th century, and didn't become widespread until well into the 19th and 20th centuries. Yet there have been plenty of authors, all around the world, through recorded history. While some of them would've done their work at a loss, it seems likely that there were plenty of them who would only work if they could make a living at it. How then, in the absence of copyright, did they get paid?

      Well, there are several means. Authors could have a patron, who pays them to create works that he likes, or could have a collective of patrons, who pays for works that they would collectively like. E.g. if 1,000 hard-core fans of a particular author each chip in $20 for a new work, the author can gross $20,000 right there, plus whatever else he could exploit the work for. Authors could sell specific works, as opposed to mass-reproduced copies of that work, on the basis that not all copies are equal, even if they communicate the work equally. This is how most fine artists make money, even today, with copyrights; an original Van Gogh painting is worth millions, but a postcard of a the same painting is worth almost nothing. Authors can sell their labor, rather than copies of their works, just as many people sell their labor, rather than the fruits of their labor. For example, a wedding party might hire a band to play music.

      There are other ways as well; I don't want to get into an exhaustive list.

      Personally, I think that a carefully designed copyright system can provide a greater benefit to society than the harm it causes. But copyright only adds one additional means for authors to make money; it doesn't detract from any of the others, and it may not even be the most important or best way of encouraging the creation and publication of art. Certainly it is at best useful, but is not at all necessary.

      --
      -- 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.
    3. Re:Production and copying creates wealth by roman_mir · · Score: 1

      The big problem with your argument is that you don't have a model for creators to be paid.

      - that's simply not true.

      Creators get paid by making things that people want and selling them. What you are arguing is that without a law like copyright/patent, others would be able also to make the same thing once they saw yours. This is true and it is desirable.

      People made things for tens of thousands of years before any such laws came to existence and those who are first on the market have the advantage of being the most recognizable with their new invention/modification/piece of art/music/whatever.

      Your argument contradicts tens of thousands, no hundreds of thousands, no millions of years of life on this planet. By the way, the most successful organisms are those, who can take as much of good stuff from other organisms by copying as possible, just an interesting observation. Those who didn't do so don't exist.

    4. Re:Production and copying creates wealth by toriver · · Score: 1

      But do we really need works that are created in the pursuit of profits? Artists and authors are by and large creating luxury goods for a society of workers who manufacture goods and services people need. There is no entitlement, if you write a novel and print 5,000 copies there is no compulsion that causes those 5,000 copies to be bought.

      If you turn arts into a business you need to find a business model that works. But nobody owes the artist-turned-entertainment-manufacturer any success.

    5. Re:Production and copying creates wealth by bruce_the_loon · · Score: 1

      Copying a physical creation takes time and skills. In the situation you outlined, manual copying is what kept the supply behind the demand and allowed the original creator and the copiers to exist in parallel. When mass production came in, starting with the printing press for books and then the industrial production lines, it became apparent that to copy something that had taken years to create initially could be done extremely rapidly. That's when the ideas of copyright and protection of the creator first started to take root.

      The modern digital age has created the ability for certain things to be copied instantly and perfectly. Other things remain difficult to copy, look at the poor Chinese clones of quality electronics. Unfortunately this has lead simultaneously to the ideas that music/films/content *must* be free and damn the people who worked to create them, and that my creation must make me massive amounts of money for ever and ever and damn the people who can't afford to enjoy it.

      I think the ideal answer to this lays somewhere between the 14 year limit originally defined and 25 years. Some protection is required, but not beyond a limited time period and not beyond the lifetime of the creator. (Screw my offspring, they can make their one money). And if we have to go lifetime, then corporations must adhere to a statistically-determined global human lifetime if they want to register copyrights.

      --
      Trying to become famous by taking photos. Visit my homepage please.
    6. Re:Production and copying creates wealth by roman_mir · · Score: 1

      and I think that all patents and copyrights must be abolished and forever forbidden as a concept.

      Of-course my idea is not going to win legislatively, but it IS winning practically speaking, pay attention to the most of the world which does exactly that.

    7. Re:Production and copying creates wealth by Anonymous Coward · · Score: 0

      I would like to get paid for the software I write all day. My friend who works at a ASIC design shop would also like to get paid. Copyrights is what protects our day jobs.

      Its not just music and movies.

    8. Re:Production and copying creates wealth by toriver · · Score: 1

      I also get paid. In fact, as an ISV we do not produce unless there is a customer under contract to pay us. However, the customer pays us for the service (and gets ownership of the end product), and would have done so without copyright because it is a profession and the service adds value to the customer, the alternative would have been to hire their own programmers etc. which might as well have been me for instance.

      It's not copyright that gets you paid but your skills and customers. There is no inherent money in copyright: you need someone to actually pay you because they want what you produce. Copyright just means they cannot dilute your market by copying the product themselves.

    9. Re:Production and copying creates wealth by Reziac · · Score: 1

      A great deal of what we consider the "masterworks" and "classics" were works for hire in their day (before copyright existed in any widespread way). I don't see why work for hire isn't a valid model here, just like it is for everything else.

      The problem is that the publishing industry is essentially a giant speculating market, and it wants to be paid whether it guesses right or wrong.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  11. should rename by Jeek+Elemental · · Score: 1

    After this pr disaster I think they should change name to distance themselves. Maybe ASHAT?

  12. To sound demeaning by Anonymous Coward · · Score: 0

    Dear http, We lawyers at ASCAP are interested in only one thing, getting paid. We don't give a flying fsck about you, our client, or the supposed represented population of ASCAP. As long as we keep getting paid, we don't particularly care who wins or looses, or the lives we ruin. In fact, we think we'll start with you.

  13. Re:Representation? Hah! by commodore64_love · · Score: 0, Flamebait

    >>>The death throws of an obsolete industry are amusing and sad

    Perhaps but it will make great footage for the TV news! (hops into airplane). Say goodbye to ASCAP and RIAA! (flies plane into building)

    /end joke > dev null:

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  14. Subtle distinction by gilroy · · Score: 5, Interesting

    ASCAP is (almost) correct. While copyleft doesn't undermine copyright, it does undermine the copyright cartel. If artists begin to license worthwhile, popular, and (monetarily) successful works under copyleft -- if artists succeed while granting people more rights than they, strictly, have to -- then consumers might begin to wonder why more artists -- and big companies -- don't do that. Using copyleft could become a competitive advantage. And then how will Big Music justify restricting users?

    If the sheep wake up, the whole industry -- as currently organized -- falls apart. And that's what ASCAP is worried about.

    1. Re:Subtle distinction by MartinSchou · · Score: 1

      Using copyleft could become a competitive advantage

      I very much doubt that.

      Music doesn't become popular because it's free to use or anything like that. It becomes popular because it's "catchy", and catchy has nothing to do with cost.

    2. Re:Subtle distinction by DinDaddy · · Score: 1

      Not nothing. Free music can be spread (caught) more easily. So if you have alternative mechanisms to monetize in place (concert tour for example), you may reap more profit from free music than non-free music.

    3. Re:Subtle distinction by MartinSchou · · Score: 1

      Music is sort of built in. If we like it, it will spread. Even if we hate a piece of music, it will hang on forever if it's catchy.

      See "Around the World" by Daft Punk and "Macarena" by Los del Río as examples.

    4. Re:Subtle distinction by Anonymous Coward · · Score: 0

      Using copyleft could become a competitive advantage

      I very much doubt that.

      Music doesn't become popular because it's free to use or anything like that. It becomes popular because it's "catchy", and catchy has nothing to do with cost.

      Ideologically, you're right. However, the truth is that music becomes popular because it's a shared cultural experience that draws people together. Hence, you get a bunch of RIAA music that isn't really all that catchy becoming popular because everyone's heard it and can relate to others that have heard it -- and the powers that be are saying it's the next greatest thing.

      What the GP is saying (if I understand correctly) is that the use of copyleft could stand in for the RIAA's preaching to reach into the social consciousness and forge a bond of communality. It still has little to do with cost; it has to do with freedom of socialization. We're social animals, and it's starting to dawn on people that the current regime is perverting that social structure -- and that there are currently functional alternative methods of producing social content.

    5. Re:Subtle distinction by Noughmad · · Score: 1

      Not really. Most popular music becomes popular because a big media company makes a big fuss about some hot girl singing a bad song, and then radio stations (and now MTV et al) play it.

      --
      PlusFive Slashdot reader for Android. Can post comments.
    6. Re:Subtle distinction by Xtifr · · Score: 4, Insightful

      Music doesn't become popular because it's free to use or anything like that. It becomes popular because it's "catchy".

      Catchy music is a dime a dozen. Music doesn't become popular because it's catchy (although not being catchy can hinder its popularity). Music becomes popular because it's promoted, normally by large companies with plenty of money to throw around, who promote it in return for a (generally obscenely large) share of the profit.

      Releasing (some of) your music for free is a form of promotion! It may be a lot less effective than a massive media blitz and payola, but if you can't persuade (or don't want) the big companies to buy your soul in return for some more traditional promotion, it may be one of the most effective forms of self-promotion available to you. So yes, copyleft could become a competitive advantage. Not only does it increase your exposure by providing a broader potential audience, it also increases good will, making it more likely that people will think you're the kind of artist they want to support.

      Here's an exercise for you: two bands, both play fairly similar music, so they're competing for the same audience. Both have a modest audience that likes them about equally. Then one begins releasing some of its music for free. Which one is likely to start growing its audience?

      Here's another exercise. Two musicians who refuse to leave their parent's basement. One posts his music on the Internet, the other one is only ever heard by his parents and his cat. Which one is likely to find some fans?

      Now, if you'll excuse me, I have to go serenade the cat. :)

  15. Copyright Advocates Undermining Copyright by Randwulf · · Score: 1

    The copyright advocates are undermining copyright by turning a decent idea (limited copyright) into a ridiculous one (holding culture hostage for as long as possible to prop up failing business models). The more they push their agenda the more people will call shenanigans on them and embrace copyleft (if not "piracy").

  16. Vote with your wallet: by TwineLogic · · Score: 3, Interesting

    Boycott ASCAP members. Email your favorite ASCAP artist and let them know why.

    1. Re:Vote with your wallet: by manicpop · · Score: 3, Insightful

      The e-mail could go something like this: "You're one of my favorite artists and I love your work! Now I won't be supporting you because of the position your performance rights organization has taken. I hope you can continue to create wonderful music without my financial support, not that I'll be enjoying them." I'm all for copyright reform, and I abhor the positions of groups like ASCAP and the RIAA, but I don't think boycotting the artists is the right step to take. For example, let's you love a great independent band but you're upset they've signed with an RIAA-backed major label, and you won't purchase their new album because of your disdain for the RIAA, and other people do the same. So, the new album is a flop. The major label realizes and decides that this small act wasn't ready for the Big Time, and drops them off the label. Now your favorite band has a failed album, they've lost their outlet with which to release their work, and if anything they're in debt from the entire experience. The RIAA is no worse off. ASCAP is different because they do performance rights, not the releasing of music, but the effect is the same. Boycotting artists that you like just because they are affiliated with ASCAP won't hurt ASCAP, there will just be fewer artists that you like who are able to be successful. How about an e-mail to your favorite artist that says "I love your work and I'm happy to support you, but I'm concerned about the positions that ASCAP and the RIAA are taking. Have your considered releasing your work through alternative channels of distribution?" A thousand musicians who can't make a living through the "system" and get dropped aren't going to change anything, but a thousand musicians inside the "system" who can lobby these groups to modernize absolutely could.

    2. Re:Vote with your wallet: by perryizgr8 · · Score: 1

      its not enough just to boycott. you have to turn up the torrenting. i can imagine their pain when they see 3347 seeders on every latest album.
      so, please download all music torrents you want and even those you dont want.

      --
      Wealth is the gift that keeps on giving.
  17. 2 big funnies on this by RobertLTux · · Score: 3, Interesting

    1 copyLEFT needs copyRIGHT to actually "work" (you go on the hook for copyright violations if you break a copyleft license)

    2 This "Brilliant" act by ASCAP gives the Copyleft folks something they can always use
      A COMMON ENEMY

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  18. One question: by Anonymous Coward · · Score: 0

    Is there a list of ASCAP signed artists out there so that those of us who wish to boycott them will actually know just who to boycott?

    I'd hate to help fund ASCAP even inadvertantly.

  19. CC's reply is a little overly legalistic by drfireman · · Score: 4, Insightful

    How about this instead:

    Hey, ASCAP, why do you think you should have the right to do what you want with your stuff but we shouldn't have the right to do what we want with ours? If you don't like Creative Commons licenses, don't use them. Don't tell us what licenses to use for our works. They're our works, not yours. That's what copyright means.

    1. Re:CC's reply is a little overly legalistic by Anonymous Coward · · Score: 0

      It's usually not ASCAP's "stuff". They're a collection agency, not generally the owners of the copyrights for which they collect fees.

      Creative Commons works strike at the business models of their company, not of copyright: if they have to actually verify that works broadcast from a radio station, or played in a bar, have an ASCAP serviced copyright, rather than a Creative Commons copyright, it multiplies their costs tremendously.

      It's also critical for their business that they remain the only, or the primary, collection agency for such license fees. Competition is something they do not want.

    2. Re:CC's reply is a little overly legalistic by Anonymous Coward · · Score: 1, Insightful

      They're our works, not yours.

      There's the key. They THINK they have the right to represent and collect for anything music like out there even if the artist explicitly doesn't want them to. Copyleft throws a wrench in the money machine because it means someone somewhere could conceivably be playing music in public that they have no right to collect for.

    3. Re:CC's reply is a little overly legalistic by toriver · · Score: 2, Insightful

      Or

      "To improve our understanding, please identify the class of organization the ASCAP belongs to:

      A: Protection Racket (mafia)
      B: Guild (trade monopoly)

      Awaiting your reply."

    4. Re:CC's reply is a little overly legalistic by drfireman · · Score: 1

      It's usually not ASCAP's "stuff". They're a collection agency, not generally the owners of the copyrights for which they collect fees.

      I'll let the lawyers and amateur pedants argue about nonsense like that. The bottom line is that ASCAP can do what they want with their stuff (or, if you have an issue with that phrase, "the creative works to which their clients hold performance and reproduction rights under title blah blah blah..."), but they can't tell me what to do with my stuff. Yes, it's obvious why they want to do it, but irrelevant. For all I care, the main reason they object to the Creative Commons is because they dislike the letter C or because they thing the CC people are a bunch of drug dealers. Whatever. At the end of the day, I hold the copyright to this Slashdot post, and for the moment, they can't tell me what to do with it.

  20. ASCAP tries to ban Wikipedia by David+Gerard · · Score: 5, Insightful

    ASCAP's aim in the original letter was to stop people releasing their own works under copyleft licences. This would effectively ban Wikipedia, the entire text of which is CC-by-sa. Does ASCAP really want that particular fight? (I've already suggested on foundation-l that WMF respond to this issue.)

    --
    http://rocknerd.co.uk
    1. Re:ASCAP tries to ban Wikipedia by PhrostyMcByte · · Score: 1

      I'm sure I'll get modded down for saying this, but I'm not too sure I want Wikipedia brought up as the shining example of Open Source licensing. People had been contributing under the GFDL, only to have Wikipedia and GNU work together to subvert that and convert everything to the Creative Commons license. Agree with the license change or not (I personally do, I believe CC is a better fit!), the way they did it was still pretty fucked up.

    2. Re:ASCAP tries to ban Wikipedia by Culture20 · · Score: 1

      If that's true, this page could become interesting.

    3. Re:ASCAP tries to ban Wikipedia by David+Gerard · · Score: 2, Informative

      Some say this just happened. And ASCAP has been running anti-CC campaigns for a few years now, those need mention.

      --
      http://rocknerd.co.uk
    4. Re:ASCAP tries to ban Wikipedia by David+Gerard · · Score: 1

      You'd only be modded down for being stupidly wrong and hitting your head on every step. The licence was GFDL 1.2 Or Later, the man who determines what "Or Later" means is RMS, RMS was all for the change.

      Bluntly: if you didn't want your changes released under "GFDL 1.2 Or Later", why the fuck did you add them?

      --
      http://rocknerd.co.uk
    5. Re:ASCAP tries to ban Wikipedia by shentino · · Score: 1

      Tell me what legal right Wikipedia even has to change licensing in such a manner. I licensed my contributions to them under the GFDL, not CC.

  21. Re:Clarifications by number11 · · Score: 5, Insightful

    The EFF is slightly more moderate, although they do employ Doctorow, and seem to have a habit of doing what they can to prevent any enforcement of copyright.

    Cory Doctorow hasn't been employed by the EFF in the last 5 years. He's been a full-time writer since January 2006.

    Can we assume that your other claims are of similar accuracy?

  22. Re:Representation? Hah! by Anonymous Coward · · Score: 0

    Your joke sucked. Deal with it. You are not Penn or Teller.

  23. Only if bigger than 2,000 sq feet eh? by N0Man74 · · Score: 4, Insightful

    Do realize that 2,000 sq ft is less even a 45 x 45 feet? The company I work for has a warehouse that big, which is about half our total size. We're a pretty small business, with usually about a dozen employees (or less). And 6 speaker? That's not hard to reach... Some PCs have more than that these days.

    I'm not sure if it's your understanding of the word "only" or the measure of "2,000 sq ft" that is faulty here.

    1. Re:Only if bigger than 2,000 sq feet eh? by rjlieb · · Score: 2, Informative

      Okay, I get it. I really didn't want to sound as if I was defending ASCAP. The post I responded to said that a small business owner could be fined tens of thousands of dollars and be put out of business by turning on a portable radio behind the counter. That simply isn't true.

      There are plenty of bad things that ASCAP does that I don't think we need to resort to exaggerations like that.

    2. Re:Only if bigger than 2,000 sq feet eh? by marcosdumay · · Score: 1

      Thus, portabe radios are ok. You need a microsystem to get in trouble.

    3. Re:Only if bigger than 2,000 sq feet eh? by Lumpy · · Score: 1

      The post I responded to said that a small business owner could be fined tens of thousands of dollars and be put out of business by turning on a portable radio behind the counter.

      No it did not. You ASSUMED that.

      --
      Do not look at laser with remaining good eye.
  24. it's the money, stupid. by mpgalvin · · Score: 2, Insightful

    It has nothing to do with copyright principles or any clever agenda.

    Copyleft cuts ASCAP style enforcers out of the money loop. Plain and simple, it hits them where it hurts: the business model. The letter is just FUD to scare up lobby money - though anything they could accomplish that would effectively halt copyleft licensing would be damaging to the US IT industry.

  25. Re:Representation? Hah! by b4dc0d3r · · Score: 0

    I found their shows interesting until two episodes.

    One, the recycling issue. Penn basically made the argument that recycling is unnercessary because it requires material separation by each person throwing stuff away. He highlighted this by asking people to separate garbage into 4, 6, 10, 15 different piles and pointed out that it was ridiculous. The only content of the entire episode that made sense was that recycling costs energy and the only useful recyclable material is tin. Everything else uses more energy and chemicals and time and transportation fuel than it would waste in a landfill. Not sure if that's true, but it was the only part I couldn't immediately discount. I still recycle glass, though.

    The other one was the toilet seat that contains less bacteria than a dude's scrotum. They showed some "average, normal typical toilet stalls" which don't match anything I've ever seen unless the cleaning crew was just in there. You see 4 toilets and have to poop, you choose the one with the least amount of bacteria-ridden piss, clean it off, and then use toilet paper or the seat covers. You should assume that if it looks clean, the guy before you cleaned piss of the seat, because guys piss on the seat. I won't even mention the female corollaries. Three people using the same seat shouldn't cause problems, and the bacteria probably die slowly. But the suggestion was that because the clean toilets in their professional office building were clean, you don't need to use anything between you and the seat that touched the fat guy's sweaty hairy dirty unshowered ass before you, and the previous guy's piss he cleaned off the seat.

    I immediately deleted anything Penn ever said from my memory, except for these I retain as examples.

    Yeah it's off topic, get over it we're having a discussion here.

  26. Copyright deserves to be undermined by ewn1453 · · Score: 1

    Why is Creative Commons not working to undermine copyright? Copyrights lasting 9-14 years are clearly justified, but the current system deserves to be undermined.

  27. Re:Representation? Hah! by commodore64_love · · Score: 1, Informative

    >>>Penn basically made the argument that recycling is unnercessary because it requires material separation by each person throwing stuff away

    Partly but his MAIN argument was that most of the separated items can't be sold, so they are then thrown into the central landfill anyway. So all that work of separation was for naught.
    .

    >>>The other one was the toilet seat

    The only thing I remember about that episode is Penn swabbing the fine-looking ass of a model. Mmmmm. BUT if I recall correctly, the point was that cold dry areas are not really contagious, and it's stupid to be afraid of trivial stuff (like getting hit on the head by a meteorite). Penn & Teller is a hit-or-miss show but even when they miss, they are funny. And at least they make you *think* unlike most TV today. "ORGASMS" is the episode I did not like. No particular reason... just felt that it has no real point for existing, plus I was turned-off by the disgusting closeups of guys/gals orgasming and so I never watched it again.

    Vice-versa I really liked that Cheerleader episode. I didn't realize that cheerleading was the most dangerous sport in high school or that it's unregulated by the government. It is rather ridiculous we put our young women into such a dangerous hobby/sport and don't bother to protect them despite injury after injury after injury
    .

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  28. ah well, the foreseeable fud. by Anonymous Coward · · Score: 0

    this is fud of course, and they know it. it actually only works as an ad hominem attack, which is why we should respond as firmly and friendly as possible in such discussions.

    the free, open and cc-nc licenses are a way to specify what you can do with a licensed work beyond the terms of copyright law in your jurisdiction if you want to be bound to the terms of the license.

    please help to identify cases in which mafiaa and ass crap are voiding their license whenever they're using freely licensed works without copyright notices - i know other parties involved in the discussion are doing that all over the nets.

    we can win the battle. let's help the industry to embrace the future. we might have to explain how it works again and again, because it is too easy for some people to understand: share freely and tell people they can do so as well, or we'll sue the h### out of you.

    .~.

  29. You forgot something by AlgorithMan · · Score: 1

    You forgot something: a big, fat "fuck you, assholes!"

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  30. The Sonny Bono Copyright Term Extension Act did by kimvette · · Score: 3, Insightful

    Uh, No ASCAP, RIAA, MPAAA, and BSA. If you read the Constitution of the United States of America, you will instantly recognize that the Sonny Bono Copyright Term Extension Act undermines Copyright.

    What is the purpose of copyright? To encourage artists to create more useful arts which after a limited monopoly turn over to the public domain.

    By encouraging creative commons and similar licensing schemes, the original intent of Copyright as defined in the Constitution is actually being fulfilled.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  31. Re:Clarifications by perryizgr8 · · Score: 1

    yeah everyone knows cory doctrov is an insufferable asshole. but why are you judging all cc users to be same as him?

    --
    Wealth is the gift that keeps on giving.
  32. Not to put too fine a point on it... by Anonymous Coward · · Score: 0

    ASCAP=ASSHAT? It seems that these butt-heads have taken an idea, (something that does not undermine them in any way) and decided to go out and make enemies. They have gone out and picked a fight. People who really weren't bothering them and who were not undermining their abilities to make all the money their greedy little selves could make. No one was forcing anyone to do anything. The mere idea that these groups exist gets their panties in a bunch. I haven't been supporting EEF, FSF or other groups in the past, but you can bank cash that I will in the future. ASCAP was NOT being harmed in any way, but like the rest of the whole WIPO group, they have made asses out of themselves. They clearly want to take away peoples rights. I wish the American Civil Liberties Association and the American Librarians Association would get a letter of this, and ramp up a big campaign to wipe out ASCAP. Clearly they don't have anyone but the greedy multinationals interests in mind. I also wish that someone would send Michael Moore a letter explaining this (perhaps a documentary would shed light on the issue).

  33. Re:Representation? Hah! by Triv · · Score: 1

    From the "words I've only heard spoken, not seen in print" department: It's "death throes," not "throws". I'm not being a dick about it, I promise, I'm just teaching you a new word. :)

  34. Spelling nazi here by jnork · · Score: 1

    http://dictionary.reference.com/browse/throes

    It's not my intention to pick on you and I freely admit I'm being a spelling nazi.

    --
    Cleverly disguised as a responsible adult.
  35. Re:Representation? Hah! by Anonymous Coward · · Score: 0

    I would find them somewhat more amusing if they didn't directly endanger my civil liberties.

  36. Re:Your official guide to the Jigaboo presidency by shentino · · Score: 1

    Don't feed the trolls.

  37. Re:Representation? Hah! by commodore64_love · · Score: 0, Offtopic

    Someone lacks a sense of humor. Go watch some Penn & Teller and chill out. "And try laughing mutther fukker! Jeez. My achin' ass." - Penn Jillette:

    - Martial Arts are Bullshit - http://www.youtube.com/watch?v=J_3BSk2TbK4 [youtube.com]
    - The War on Fast Food is BS- http://www.youtube.com/watch?v=XEkJMGPHiXE [youtube.com]
    - Cheerleaders - http://www.youtube.com/watch?v=WbymhQyq5rQ [youtube.com]

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  38. Re:Representation? Hah! by b4dc0d3r · · Score: 1

    I'm off-topic, you're insightful *sigh*. Anyway, to further damage my karma: Around here, separation is required because it's easier to recycle glass when it's not among other refuse. Same with tin, paper, and aluminum. Everything else goes in the landfill. Even though it takes a loss on everything but tin, the recycling center here does recycle glass, tin, paper, and aluminum. Someone, somewhere has to separate the items in order for that to happen, unless there's a magic machine that can separate them. Those are in progress, but not used here.

    He has a point that the only item of value that can be sold is tin. But the purpose of recycling is to reuse materials, not turn a profit. If you are recycling everything that gets separated, individually, like around here, then his point is completely irrelevant. You separate everything, none of what you separated goes in the landfill, you're saving the recycling center money by doing part of the work for them.

    It's still less expensive to get more glass from the ground, but we're lowering our footprint not running a business.

  39. Re:Representation? Hah! by Lundse · · Score: 1

    Yeah it's off topic, get over it we're having a discussion here.

    And now we have two! :-)

    --
    IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV